Where to return your driver's license after revocation

Starting in 2013, a law came into force according to which the procedure for confiscation of a driver’s license is no longer carried out in case of serious violations of the rules that restrict driving. As a result, Russian courts are now issuing hundreds of orders to suspend driver's licenses every day. Hence, drivers have a lot of misunderstandings regarding the immediate process of carrying out punishment.

So, the most important are two points:

1. When does the calculation of deprivation of rights begin?
2. What is the time limit for obtaining a driver's license?

Let's study in detail how the procedure for withdrawing a driver's license, which is preceded by the procedure for depriving a car license, takes place today.

Procedure for revoking a driver's license

The sequence of confiscation of driving license based on a decision of the judiciary includes the following steps.

Drawing up an administrative protocol

So, a law enforcement officer recorded a gross violation of the Rules on the road, entailing confiscation of the license. After he slows down the likely culprit of the offense, he immediately displays this in the protocol. Then the stopped driver can continue his route if he is sober and in adequate condition. Otherwise, the car will be taken to the impound lot, and the violator’s relatives or friends will come for him, or he will go himself.

Sending administrative material to the court

The protocol has been drawn up. Now the inspector is obliged to submit all registered material to the magistrate’s court for consideration within three days. The location where the trial will take place may depend on the accused himself. So, if he submits a request to consider the case at his residence address and receives the consent of the judge, then the materials will be transferred to the local territorial magistrate court. Otherwise, the administrative process will take place in the area where the traffic offense took place.

It is worth noting that the case materials filed with the court include not only the protocol from the scene of the incident, but also all other evidence of the incident: report, diagram, acts, photographs, video footage.

Consideration of a case of an administrative offense

After the collected evidence and registered documents have arrived at the magistrate's court, the case is taken into consideration, the date and time of the trial are set and the accused is notified. The process, by law, must take place in the presence of a citizen, who will have to bear responsibility for the offense he has committed. But it is also possible that the trial will take place without it, if an official summons to the trial indicating all the necessary information was delivered to the driver.

At the end of the trial, the judge decides either to punish the motorist administratively or to close the case on legal grounds in accordance with the first part of Article 29.9 of the Administrative Code.

However, if the accused fails to appear in court, the hearing of the case may be postponed, and the driver may be forcibly brought in. This can happen when, under an administrative article, the culprit faces either deprivation of rights or arrest. In this situation, the offender, in the hope of avoiding arrest, simply does not come to the court hearing.

Appealing a decision on an administrative penalty

A motorist who has been administratively punished by a court by restricting his driving license has the opportunity to appeal the decision to a higher authority. According to part one of Article 30 of the Administrative Code, ten days are allotted for this after the official delivery of the written decision. If an appeal is not filed to a higher court, then the verdict rendered takes effect under Article 31 of the said code.

It is important to know that until the magistrate’s ruling has the force of law, the driver can safely continue to drive the car.

Traffic Police Department of the Main Directorate of the Ministry of Internal Affairs of Russia for the Chelyabinsk Region

Organization

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Is it necessary to surrender your license voluntarily?

In the old days, a traffic cop who stopped a driver for a violation on the road could have every right to take away his driving license. Now it is illegitimate. And according to the law, a trial is held, at the end of which a sentence is passed to confiscate the right to drive a car. Very, very many car enthusiasts still do not know about such innovations. This raises the question when depriving rights: do they need to be surrendered? after all, the alienation procedure itself no longer exists.

A detailed and clear answer to this question can be found in Article 32.7 of the Administrative Code, where it is written in black and white whether it is necessary to surrender a driver’s license if a driver’s license is revoked.

How to surrender your driver's license voluntarily?

A car owner who, while driving, became a lawbreaker, and then lost the right to drive a car in court, must understand that the entire sequence of transferring documents to the automobile inspection now occurs of his own free will, without coercion, on his own. The fact of deprivation of rights was established by a court verdict, and the driving license must be handed over actually as a formality, so that the penalty is legally fixed. Thus, having understood and accepted this accomplished act, the citizen should figure out how to surrender his license to the traffic police after deprivation.

Let's outline in detail the entire procedure, which is quite clear. The law, updated in 2013, establishes that from the moment of a court verdict, within three days, the person who committed the offense is obliged to personally deliver his driver’s document (in fact, no longer valid!) to the state traffic police, and also attach a written statement.

The same must be done if the certificate is lost, and the written statement states a request to begin counting the period of deprivation from the moment this official paper is written. If this is not done, it will turn out that formally the period of confiscation of rights will not be calculated until the document is handed over, confiscated, or until a statement of loss is received. As soon as a person brings a car license and it is officially certified, the “break in deprivation” stops, and the time of the “disenfranchised” state flows on.

How to get a driver's license after expiration of the period of deprivation

Return of rights is allowed if the violator has fulfilled the necessary requirements:

• Passed exams on knowledge of traffic rules at the State Traffic Safety Inspectorate. Exams can be scheduled if at least half of the period of deprivation has passed;
• have no debt on fines;
• If the license was revoked for driving while under the influence of alcohol or drugs, the citizen must submit a certificate from a narcologist. It can be issued only after serving the sentence.

Having fulfilled all the requirements, the citizen must contact the State Traffic Inspectorate unit in Chelyabinsk, where the driver’s license is stored. You can get your license on the same day after providing your passport and a certificate from a narcologist.

Registration of a car at the traffic police in Chelyabinsk in 2021

Where can I return my driver's license after being revoked?

The procedure for transferring deprived driver's documents is monitored and answered by the traffic police and the magistrate's court.

If the punished citizen participates in the trial directly at the place where it is being held, then at the end of the hearing the bailiffs are obliged to instruct the “disenfranchised” on the question of where to hand over the driver’s license. On the spot, you can clarify all the nuances of this unpleasant matter. But often the accused is not present at the trial. As a rule, this happens when traffic cops stopped the violating driver in the wrong area where he lives. And the trial usually takes place exactly at the place of the offense. To transfer the process to his home region, the driver must submit a written request at the time of registration of the protocol. In the event that this issue has not been resolved initially, there will be uncertainty as to where the rights should be taken after the limitation of their validity. It will be enough to simply contact the state traffic police department at the place of registration and find out everything.

Regiment of the road patrol service of the State Traffic Safety Inspectorate of the State Administration of the Ministry of Internal Affairs of Russia for the Chelyabinsk region

Organization

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How to correctly register the surrender of rights upon deprivation

So, having come to the local traffic police department, in order to say goodbye to a driver’s license for the time established by the court, the citizen draws up two copies of an application in the form of a form, where the following data is written down in detail:

• surname, name and patronymic of the chairman of the magistrate court who passed the sentence;
• number of the document reflecting the court decision;
• series and number of an identity document - passport.

It is important to ensure that the traffic police officer where you are submitting your driver’s license makes a note about the fact of delivery on the application form itself. This is necessary so that when renewing your rights after the expiration of the period of deprivation, there is confirmation that you actually transferred your rights to this specific traffic police department on a certain day of the calendar.

What happens if you do not surrender your license when you are deprived of it?

We have enough comrades in our country who are trying in every way to avoid the sad process of passing the certificate. After all, without it it is impossible to legally drive a car, and for many this is a tragedy. Here are just a few examples of how drivers evade punishment:

• the “disenfranchised” continues to use his rights throughout the entire period of restriction of their validity, and then reports to the traffic police and demands the return of the “confiscated” document;
• the violator simply writes a written statement about the loss of the driver’s license;
• Well, some try not to run into traffic cops, reassuring themselves that the statute of limitations for the crime will pass.

It is unlikely that such tricks will work! You shouldn’t really hope that you can come with an application for the return of your ID and receive it as if nothing had happened. The fact of transfer of documents is recorded in the registration database of the state traffic inspectorate. The certificates themselves are strictly stored in the department’s archives for three years.

For the use of an invalid driver's license, severe punishment is imposed in accordance with Part 2 of Article 12.7 of the Code of Administrative Offenses. If in this case you are detained, you can expect the following:

• a fine in the amount of 30 thousand rubles;
• community service within 100-200 hours;
• fifteen days of arrest.

Let us add that it will not be particularly difficult for a traffic cop to determine the limitation of your rights, because there is a basis for this. Repeated violation of the Rules with such punishment will lead to inevitable and sad consequences.

Is it possible not to take the VU?

There are also motorists who, after the court decision comes into force, do not surrender their license at all, but drive bypassing traffic police posts. True, the reasons can be valid - for example, illness. There are two possible scenarios here:

1. The license has not been surrendered, but it is not used (or the driver is not caught).
2. The driver was caught.

In the first case there is nothing to fear. Driving is already prohibited, and information about those “disenfranchised” is entered into the traffic police database. They may require an explanation stating the reason. Nothing, the sentence will simply increase, since the execution of the court decision begins from the date of submission of the document.

In the second case, you will have to answer according to the law. The Code of Administrative Offenses of the Russian Federation provides for:

• up to 15 days of arrest or a fine of 30 thousand rubles;
• community service (from 100 to 200 hours).

Loss of rights

Life is life. It happens that a person has been deprived of his rights, but he physically cannot surrender them, since the rights have been lost. What to do in this situation? An application (in two copies) is urgently written to the head of the traffic police. The applicant must receive a copy marked by the inspector. The period after which you can drive again will be calculated from the date of submission.

Some try to be cunning. They file a claim of loss, receive a temporary permit, then turn it in and drive with the original. Or, conversely, they use temporary resolution. This is a big mistake. The first inspector will determine that the document is invalid.

conclusions

In conclusion of our article, let's summarize briefly and list the main points of its content. So:

• According to the law, adopted and entered into force back in 2013, the confiscation of a driver’s license is unlawful;
• Only the judicial authority is authorized to temporarily limit the validity of the VA;
• A driver who has violated traffic rules must appear at the traffic police and voluntarily hand over a document for the right to drive a car within three days after the verdict of the magistrate court is announced;
• You can arrange the transfer of a car license not only at the traffic police, but also in court. To do this, you need to write two application forms and make sure they are marked as received.

Last update: 02/27/2018