For a number of traffic violations, the driver may be deprived of his right to drive a car. A driver's license is revoked for a certain period of time. The length of the period depends on the type of violation. When the period expires, the citizen has the right to return the certificate. To complete the procedure, a number of conditions must be met. In 2021, after losing your driver's license, you may need to retake the test. However, the need to prove knowledge of traffic rules does not always arise. It is recommended to figure out in advance when it is worth preparing to retake your license after being disqualified in 2021.
Will they retake their license after deprivation in 2021?
If a citizen wants to restore his rights after deprivation, a knowledge test of traffic rules is carried out (Article 32.6 of the Code of Administrative Offenses of the Russian Federation). The essence of the procedure is to pass a theoretical exam. It is exactly the same as the one that must be passed when obtaining a driver’s license (clause 3 of the Rules for the return of a driver’s license after withdrawal, approved by Government Decree No. 1191).
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There are exceptions for 2021. If a person has been deprived of his license due to the presence of medical contraindications to driving a vehicle, but subsequently the body was able to be brought back to normal, a retake is not carried out. It is enough to present a certificate confirming the absence of health problems.
If the ability to drive a car has disappeared due to the expiration of the license, the document is replaced without retaking the exam. The above rules follow from paragraph 1.4 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation. It says here that a person is required to demonstrate knowledge of traffic rules after any deprivation of a license related to a violation of traffic rules.
Retesting a license in 2021 applies to persons who have lost the ability to drive a car as a result of criminal prosecution. However, if the violation was committed before September 1, 2013, there is no need to retake the theory (Article 1.7 of the Code of Administrative Offenses of the Russian Federation).
In what cases is it necessary to retake your license after deprivation?
In the Russian Federation, persons who do not comply with the Road Traffic Rules (TRAF) bear administrative liability in accordance with the Code of Administrative Offenses and criminal liability under the Criminal Code of the Russian Federation. The type of liability determines the severity of the driver’s offense, recorded by representatives of special authorities.
According to clause 4.1. Article 32.6. Of the Code of Administrative Offenses (CAO), any person who has been deprived of a driver’s license for any reason, regardless of whether an administrative or criminal violation was committed, is required to confirm knowledge of the theoretical part of traffic rules in the form of an exam.
On a note! The list of offenses in accordance with which rights are withdrawn is established in Chapter 12 of the Code of Administrative Offenses.
Where to retake your license after deprivation?
The place where the exam is taken is reflected in paragraph 2 of the Rules for the return of a driver’s license. It says here that testing must be carried out in the traffic police department to which the license was passed. You can check the address on the official website of the State Traffic Inspectorate. It is important to consider the operating mode of the organization. On some days, only citizens who have signed up through the State Services portal or legal entities are accepted.
Obtaining a certificate after deprivation in another traffic police department in 2021 is acceptable. However, the citizen will have to write a written statement, reflecting his desire. You will have to apply one month before the expiration of the deprivation period. The application must be written and sent to the traffic police department, where it is preferable to take the exam.
Where can you take the traffic rules exam for your license after being disqualified?
In accordance with clause 2 of the Rules for the return of a driver's license, a test of knowledge of traffic rules is carried out at the department of the State Traffic Inspectorate at the place of execution of the court decision in the case of an administrative offense. In this case, you need to write a standard application addressed to the head of the department in order to pass the exam. In this case, the return of rights can be made both in this traffic police department and in another (clause 6 of the Rules). In the second case, no later than 30 days before the expiration of the driver’s license, you must submit an application to the State Traffic Inspectorate unit at the place where the court order is executed, indicating the department where the driver’s license should be sent. The application can be submitted on paper or in the form of an electronic document.
When can I retake?
It is permissible to retake the traffic rules test after half the period of deprivation of a driver's license has expired. The citizen will have to find out the duration of the period and the moment it began. You can find out the date of the decision through the official website of the traffic police. To do this, you need to go to the “driver check” section, and then specify:
- a series of rights;
- ID number;
- date of issue.
Then you need to click on the “request verification” item. The system will analyze the data and display information about rights. Among other information, the period of deprivation will be indicated.
You can determine the deadline yourself. Article 32.7 of the Code of Administrative Offenses of the Russian Federation states that the period begins to be calculated 10 days from the date of the decision or verdict of the court. The rule is valid if a person surrenders his license to the traffic police within 3 days after the relevant decision is made. In another situation, the period will not be calculated until the driver has the license.
Passing exams early does not entail premature issuance of a license. According to the law, a citizen cannot receive a certificate before the end of the sentence.
Where to retake?
As of October 10, 2021, the edition of the Rules for the Return of Rights has changed. According to the new legislation, relevant for 2021, after the changes, you must pass the traffic rules at the place of deprivation.
According to paragraph 2 of the Rules for the return of a license, the exam must be taken at the traffic police department at the place of deprivation:
2. The confiscated driver’s license is returned to the person subjected to administrative punishment ... who has successfully passed a test of his knowledge of the rules of the road in the unit of the State Road Safety Inspectorate at the place of execution of the court decision in the case of an administrative offense ...
This means that you need to choose the traffic police department in which area of the city you were deprived of your license. For example, if the court was in the Vakhitovsky district of the city of Kazan, then you need to take the exam on knowledge of traffic rules at the inspection unit for the Vakhitovsky district. However, you also had to submit your driver’s license there.
Required documents for retaking the traffic rules
To retake the traffic theory test in 2021, you will only need to provide identification and a completed application. Additionally, you can include in the list a document confirming the beginning of the period of deprivation. As such a paper, you can use a court order with a record from a traffic inspector about the surrender of your license. Representatives of the State Traffic Inspectorate independently verify compliance with legal norms by performing searches. However, the document will act as additional insurance in case of failure in the electronic databases of the traffic police. The paper will prove that half the term has ended, and the citizen can take part in the retake.
The reason that led to the deprivation of rights is taken into account. If measures were taken against a driver who was caught driving while drunk, you will additionally need to include a medical certificate in the list of papers for retake.
When is a medical certificate required?
There is a set of offenses for which car owners who have been deprived of their licenses must submit a medical certificate in order to get them back. It is limited to the following cases:
- Code of Administrative Offenses (Part 1, Article 12.8). If the fact of driving a vehicle in a state of intoxication confirmed by an examination was recorded. However, the driver’s actions were not defined as criminally punishable.
- Code of Administrative Offenses (Part 1, Article 12.26). If the driver refused the legal requirements to undergo an intoxication examination. At the same time, the driver’s actions were not classified as criminal.
- Code of Administrative Offenses (Part 3, Article 12.27). If the driver violated the requirements of the traffic rules regarding the prohibition of the use of alcohol, narcotic or psychotropic substances before a medical examination after his car was stopped by traffic police officers or after a traffic accident.
- Criminal Code of the Russian Federation (Part 2 of Article 264). If, as a result of non-compliance with traffic rules or rules for operating a car, a driver who was intoxicated caused serious harm to a person’s health.
- Criminal Code of the Russian Federation (Part 4 of Article 264). If failure to comply with traffic rules or vehicle operating rules by a driver who was intoxicated caused the death of a person.
- Criminal Code of the Russian Federation (Part 6, Article 264). If failure to comply with traffic rules or vehicle operating rules by a driver who was intoxicated caused the death of two or more people.
If we systematize the above points of articles of legislation, then a positive answer to the question of whether a medical certificate is needed after deprivation of rights can be given in the following cases:
- if the deprivation of rights occurred for driving while intoxicated;
- if the deprivation of rights occurred due to refusal to undergo medical testing for alcohol intoxication.
- if the deprivation of rights was issued due to the consumption of alcohol or other prohibited substances immediately after an accident or stop by a traffic police officer.
In these cases, when submitting an application to the traffic police for restoration of rights, a medical certificate is required.
In other cases there is no need to provide this document.
When is a medical certificate required?
Situations in which it is necessary to provide a medical certificate when retaking a license after deprivation are reflected in paragraph 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation. It says that a medical certificate is required if the license was withdrawn due to driving while intoxicated. The citizen will need to undergo a medical examination. Based on the results of the examination, a conclusion is issued, which is drawn up in form 003-B/U. The document will need to be included in the list of documents when retaking the traffic rules exam to return the certificate after deprivation.
If the certificate was withdrawn due to other reasons, there is no need to provide a medical certificate. The exception is situations where the driving license was taken away as a criminal punishment. In this case, a medical certificate will also be required.
The medical certificate is valid for a year. The medical examination will have to be paid. The cost varies depending on the region and the chosen medical institution. Seeing a psychiatrist and narcologist is permissible only in a clinic located at your place of residence. The rest of the checks can be completed at any organization that has the appropriate license.
What to do next?
The process of returning a license after being deprived of it for “drunk driving” also involves passing the traffic rules theory, paying fines and applying to the traffic police for a driver’s license. The process has its own nuances, which you should definitely learn from this article.
Let's summarize. What you need to understand in any case:
- A medical certificate after revocation of a license is only needed in cases where the offense was related to driving while intoxicated.
- To obtain a conclusion, you must contact only licensed institutions.
- The conclusion of a psychiatrist and narcologist is accepted only from state or municipal organizations at the place of residence.
- In most cases, you will have to undergo tests.
- The certificate is valid for 12 months.
If your case goes beyond the general situation, a competent auto lawyer will help you deal with it. For your first free application, just describe your problem using the form located under this article.
The procedure for obtaining rights after deprivation in 2021
The procedure is carried out in accordance with the rules of the Rules for the return of driver's licenses and the Rules for conducting examinations and issuing licenses established by Government Decree No. 1097. Additionally, it is worth taking into account the provisions of the Administrative Regulations, enshrined in Order No. 995 of the Ministry of Internal Affairs of the Russian Federation. To get your driver's license back in 2021, you will have to follow the following procedure:
- Sign up to retake exams. If the rights have been withdrawn, it will not be possible to perform the action through the State Services portal. The remote recording service is available only to persons wishing to obtain a certificate for the first time. Therefore, you have to personally contact the traffic police. Admission is carried out using coupons in the electronic queue order. The citizen will need to visit the examination department of the State Traffic Inspectorate.
- Fill out an application. The form can be obtained at the traffic police office. If a person is afraid of making mistakes, you can contact a representative of the institution and ask the person to enter the information themselves. A fee is charged for the provision of the service.
- Provide documents. After receiving the papers and checking the information contained therein, the inspector will set a date and time for the exam.
- At the specified time, visit the examination department of the traffic police. You must have your original passport with you.
- A citizen retakes the exam after deprivation of his license. If the tests are completed successfully, the information is entered into the State Traffic Inspectorate database. No confirmation document will be issued. If the exam is failed, a retake is acceptable. It is prescribed only after a week or later.
- When knowledge of the theory is proven, you can get a license. To do this, you will need to visit the traffic police department where the certificate was handed over. You need to have a complete package of papers with you (application, identification card and medical certificate, if required). It is important that the period of deprivation ends. Early returns are not possible.
Is it required to pass a traffic rules exam at the traffic police after deprivation of a driver's license in 2021
According to paragraph 2 of the rules mentioned above, the return of the driver’s license to the owner is possible only after an assessment test of knowledge of traffic rules. This provision clearly explains to all those who have lost their rights why a retake of the traffic rules exam is required in 2021. In accordance with paragraph 3, this verification is carried out by passing a theoretical exam . Free consultation on this matter is required to be provided at any functioning traffic police department.
At the request of the applicant, information is provided by employees in writing or orally. Moreover, MREO employees are required to refer to governing documents. Unscheduled knowledge testing is provided for by the current return rules.
Alcohol consumption is traditionally punished quite severely. Therefore, in order to return your driving license, you will definitely need to pass an exam at the traffic police after the end of the period of deprivation of rights for drunkenness. Driving while intoxicated is a serious offense. Because of this, you need to be prepared for a rigorous exam .
At the same time, you can get information that will clearly clarify everything yourself. All legislative documents are available on the Internet. After familiarizing yourself with the rules for returning a driver's license, everyone can make the correct conclusion about whether it is necessary to take the theory test after deprivation of a license or not.
How is the exam to retake the license after deprivation?
Initially, the traffic inspector accepts and checks the documentation provided to him by the citizen. The information is verified with the data reflected in the databases. The procedure takes 15 minutes. If no inconsistencies are identified, the driver receives permission to take the test.
When retaking the license exam after deprivation, you will have to proceed according to the following scheme:
- Wait until testing begins. Cooking takes up to 20 minutes. The examiner will provide instructions.
- The citizen will be allowed into the place where the exam will take place. The test is taken on a computer with special software. Initially, the screen will display information about the exam and the ticket number.
- You need to make sure that the equipment is in good working order. If it is determined that the computer is not functioning correctly, the citizen will be transferred to another place. A malfunction may occur during the test. In this case, the result is not counted. The exam will have to be taken again.
- The testing itself begins. The exam takes 20 minutes. It consists of 20 tasks divided into 4 blocks. Questions have answer options. Typically the driver must select two to five of them. The ticket includes five topics (traffic regulations, legal norms relating to road traffic, the basics of driving safety, ensuring road safety by the actions of the traffic police, providing first aid to victims). In 2021, you can only make one mistake in each block. There cannot be more than 2 incorrect answers throughout the test. For each mistake, a block of 5 questions and 5 minutes of extra time are added. If the wrong answer is given three times, it is considered that the exam to retake the traffic rules has been failed. It is acceptable to answer questions out of order.
- View the exam results. Information is displayed on the monitor. Based on the information, a protocol is formed. The authorized person then completes the examination sheet. The driver will have to review the document for signature.
Information about the exam is entered into an automated electronic database. The registration procedure takes about 10 minutes. The entire exam will take about an hour.
How to pass the traffic rules exam after deprivation?
In order to pass the traffic rules after being disqualified, you need to contact the traffic police, where your driver’s license is located, and write an application to take a qualifying exam for knowledge of traffic rules (a sample is available in any department). It’s often possible to start taking the exam right away, so it’s better to prepare right away and learn the traffic rules and all the tickets.
To return your license, you do not need to pass the practical part of the exam: site and city. You will only need to pass the theoretical part of the exam - answer the questions on the tickets correctly.
According to the new rules, 20 questions are given. 2 mistakes are allowed, but for each of these mistakes you will have to answer 5 additional questions on the ticket, and you can no longer make mistakes on them.
The easiest way to sign up for the exam after deprivation is through the State Services portal.
Issuance of rights after deprivation
To return your license, you will need to contact the traffic police department where the license was handed over. You can receive documents at another office of the organization if you write an application in advance. The action must be completed 30 days before the expiration of the deprivation period.
When contacting the traffic police, you must take your ID with you. You will need to write an application at the department. If your license was revoked for driving while intoxicated, you will additionally need a medical certificate. A traffic police representative will check the submitted papers and search the database for exam results. If no violations are found, the certificate will be returned.
The procedure for returning rights after deprivation for drunkenness
A motorist who has set the goal of regaining the rights lost as a result of a court order will need to first send an application to the traffic police department where they are stored.
In order not to waste energy, a citizen should adhere to the following algorithm of actions:
- Find out when the period of deprivation of rights ends. This can be done by looking at the decision made by the court and, in case of filing an appeal, adding 10 days to the final date;
- Before the expiration of 30 days established by law before the end of the punishment, and not earlier than half of the established period, submit an application for restoration of rights to the traffic police department where the certificate is stored. A request for the return of a document can, according to current regulations, be made both in handwritten and printed (including electronic) form;
- If all the requirements are met, the license will be returned to the owner in due time; it should also be taken into account that if the corresponding traffic police department is located in another city, additional time will be required to transfer it to the department of the locality where the motorist lives.
Tags on license after deprivation
Officially, no marks are placed on the license after deprivation. However, traffic police officers can apply subtle markings, thus transmitting information to each other. Marks are placed in the form of dots in certain places in the document. The information characterizes the driver. This allows you to understand in advance what can be expected from the motorist. Marking is done with a needle or pen.
Labels on rights have the following meaning:
- On the ears. They demonstrate the driver’s greed or legal knowledge. If the dots are present on the left and right ears at the same time, this indicates that the driver managed to win several proceedings against the traffic police.
- On the mouth. Demonstrate the car owner's conflict level. The mark indicates that the driver likes to swear and is considered angry.
- On the nose. It says that the person was stopped on the road while intoxicated and tried to pay off with a large sum of money.
- On the forehead. Demonstrates the greed of the driver. However, if a controversial situation arises, such a person may try to resolve it with a bribe.
- Before our eyes. Marks can be placed on only one of them or on both at once. The conventional sign demonstrates to other inspectors that the driver is harmful. Such a person is aggressive and loses his temper easily. Possible assault. If the mark is made with a pen, it indicates greed. Sometimes this indicates that in controversial situations the person was right or did not give money. The mark on the left eye demonstrates that the person likes to swear and refuses bribes. If the dot is placed only on the right eye, the driver is calm and can provide funds for the ransom.
- There are a number of additional symbols. If a barely noticeable letter k or so-called horns are applied to the photograph, this demonstrates that the driver has somehow offended the traffic police officer. Such a stigma does not bode well for subsequent meetings with traffic police representatives.
Having seen the license with marks, the inspector may be prejudiced against the citizen in advance. Therefore, it is important to quickly get rid of secret signs when they are discovered. You can fix the problem using available items or replacing your driver's license. An alternative is to contact the head of the State Traffic Inspectorate unit with a complaint. Based on the document, an appropriate check must be carried out. Then the citizen is provided with a new ID.
To prevent secret marks from appearing after a retake, it is better to carry your license in a special transparent plastic case. However, he is not able to protect if the marks were made during deprivation.
The procedure for obtaining rights after deprivation
Of course, a driver who has been deprived of his driving license wants to get his license back as soon as possible.
But in practice, without knowing the procedure for issuing a certificate, they receive the desired document much later than the expiration of the required period of deprivation.
To bring the long-awaited moment as close as possible and get your driver’s license back, you must adhere to the following algorithm of actions:
Step 1. Correctly calculate the expiration date of the administrative punishment.
To do this, you need to find out the effective date of the decision to deprive you of the right to drive (10 days from the date of receipt of the decision) and calculate the period of deprivation based on this date.
It should be noted that the law requires that you independently submit your driver’s license to the traffic police within 3 days from the date of entry into force of the decree on deprivation of rights. And if for any reason the document was not submitted, the period of deprivation is interrupted and is counted only after the immediate delivery of the driver’s license.
It follows from this that retaining rights simply does not make sense.
If you have lost your license, you should submit a corresponding application to the traffic police. And only after 30 days (allotted for the search), you will be given a certificate of delivery of your driver’s license, which is necessary for the further return of your license.
Step 2. Find out the acceptable date for retaking the theory exam.
It is legally allowed to take the exam in advance; to do this, you need to count half the period of deprivation, after which you can safely go and try to pass.
In the first half of the term, it is advisable to set aside time to prepare for the theoretical exam in order to be as prepared as possible by the time you take it.
Step 3. Passing the theoretical exam
The theory exam is conducted not in the department where the violator’s license is stored, but in the Registration and Examination Unit (MREO) of the traffic police in your area.
Familiarize yourself with the work schedule of the selected traffic police department in advance and make an appointment. It is possible to make an electronic pre-registration for an appointment on a date and time convenient for visiting through the Public Services Portal. Electronic registration for taking the exam is not available in all regions of Russia.
Don't forget to check for traffic fines in advance. Unpaid fines can become an obstacle to obtaining necessary government services and delay the issuance of a driver’s license.
Step 4. Get medical aid.
As noted earlier, a medical certificate is required if the reason for deprivation of rights was the discovery of driving a vehicle while intoxicated or refusal of a medical examination.
The medical report must be “fresh”, that is, issued on the eve of the scheduled date of return of rights.
Step 4. Direct receipt from the traffic police
As already mentioned, rights are confiscated by the Court; they will be transferred to the same unit whose employee wrote out the Protocol with the justification for their confiscation. Therefore, you must apply for a license after a successful re-examination to this department.
If your rights were taken away in another locality, you can send a corresponding request in advance (one month before the end of the deprivation of rights) to redirect your documents to your place of residence. This can be done either by registered mail or through the official website of the traffic police, indicating in the application a department convenient for visiting in your region.
Let's look at the procedure for retaking the traffic rules exam in more detail.
