Is the new law on retaking traffic rules when replacing a driver’s license true?
No. There is no such law as of May 23, 2021. But rumors about the possible introduction of a mandatory test of traffic rules knowledge when changing licenses are not without their roots - back in early 2021, the first rumors about such a change in the procedure for changing licenses appeared on the Internet.
The basis for the appearance of such rumors was the initiative of the Union of Driving Schools of Russia, which proposed such an idea to the government. Later, the head of the traffic police supported the idea. But this remains at the level of proposals for now.
For 2021, there is no law on mandatory re-examination when replacing licenses after expiration.
In particular, passing an exam is not required when replacing a device for the following reasons:
- if the validity period of the rights, which is 10 years, has expired,
- when changing rights due to a change of surname (marriage) or other personal data,
- if the old driver's license has become damaged, lost, stolen, and so on.
How much will the traffic rules test cost under the new law?
Since, as such, there has not been and is not expected in the near future, a new law stating that it is necessary to pass the theory when replacing a tertiary education, the procedure for determining the applicant’s expenses, which could be, is unknown.
Now, when replacing a driving license (it seems that even if this law is ever approved), the driver is required to:
- pay the cost of a medical certificate in form 003-В/у (Attention! Based on clause 5 of Order of the Ministry of Health No. 344n dated June 15, 2015, the cost of issuing it is established by the medical organization itself, and tariffs are not regulated at the federal level!);
- pay a state fee of 2,000 rubles (clause 43.1, article 333.33 of the Tax Code of Russia).
Please note that a medical certificate is not always needed, but only when replacing:
- after the expiration of the driver's license;
- when a driver has any contraindications to driving.
But where are the proofs?!
It's easy to prove! The rules for issuing a driver's license today are regulated by Government Decree No. 1097 of the Russian Federation, a quote from paragraph 29 of which says the following:
29. The issuance of a Russian national driver's license to replace a previously issued Russian national driver's license is carried out without passing exams and in the following cases:
- a) upon expiration of the driver’s license;
- b) when the personal data of its owner contained in the driver’s license changes;
- c) if the driver’s license has become unusable for further use due to wear, damage or other reasons and the information specified in it (or in part of it) cannot be determined visually;
- d) upon receipt of an application for the loss (theft) of a driver’s license;
- e) when confirming that the driver of the vehicle has changes in health, including previously undetected medical indications or medical restrictions on driving a vehicle;
- f) upon the will of the applicant before the expiration of the driver’s license.
You can read the current edition of PPRF No. 1097 at the link and, most importantly, check for new editions with changes on the procedure for passing the traffic rules exam when replacing your license according to the diagram below.
Another confirmation is the order in which such changes come into force. All of them must be published on the government portal. If you do not find such a publication in a search (you need to look for government regulations on making changes), then the change in the mandatory test of traffic rules knowledge has not been introduced and will not be introduced in the near future, and a retake is not necessary.
Is there a penalty for substitution?
Many drivers remember the need to change their license only when their license has already expired. Often, motorists mistakenly believe that they will be punished for not updating the document on time.
In fact, a fine for an expired driver's license in 2021 is issued only if the citizen was driving the vehicle. But if he was not detained with an expired license while driving a car, then no punishment will follow.
Attention! It is important to note that it does not matter at all how much time has passed since the expiration of the rights. If the owner of the vehicle was not detained by the traffic police while driving, no fine can be issued.
Important note!
- This article provides basic information, but each case is different.
- In 92% of all situations there are important nuances that can affect the outcome of the entire case.
- An experienced lawyer will study all the materials of the case and indicate in which direction to move.
Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.
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When is the exam required?
In 2021, there are only 3 official situations when obtaining a driver’s license goes through traffic exams:
- you will have to take an exam if you receive your license after deprivation (it does not matter whether you previously lost your old license or it is stored in the traffic police),
- this will also be required when obtaining a driver’s license for the first time in your life,
- your knowledge of the traffic rules will be checked by the traffic police if you exchange a foreign license for a Russian one
This is an exhaustive list of reasons when you have exams and you will definitely have to answer the questions on the tickets correctly.
In what cases do you need to take a traffic rules exam today?
There are the following situations in which you will need to take an exam:
- when first obtaining a driver's license;
- upon receiving a new category;
- upon deprivation of rights for traffic violations and upon their subsequent return.
Clause 29 of the Russian Government Decree No. 1097 of October 24, 2014 (hereinafter referred to as Decree 1097) clearly states that when replacing a driver’s license, passing no exams (theory, practice at the racetrack and in the city) is not required if the replacement is carried out in case:
- when the established period of validity of the VU has expired (in accordance with Part 6 of Article 25 of Federal Law No. 196, the VU is valid for 10 years from the date of issue, then subject to replacement);
- changes in the driver’s name or other data;
- loss, theft or mechanical damage to a driver’s license;
- the motorist develops previously unidentified medical contraindications to driving;
- replacement of the VU simply at the request of the citizen.
How to change your driver's license after the expiration date without retaking the traffic rules?
To replace your license if its 10-year service life has reached, you will need 5 documents:
- Your passport,
- old driver's license, if available,
- certificate of passing a medical examination,
- statement,
- receipt of payment of the state duty for replacement.
As we have already indicated above, the change of rights due to the expiration of their validity period occurs without a mandatory test of knowledge of traffic rules in the form of a theoretical exam. This can be done in any division of the MREO traffic police, not necessarily at your registration address, as well as in the MFC.
You can submit an application through State Services. To do this, go to the appropriate page, fill out the form that opens, select a convenient time and address to visit the State Traffic Inspectorate and pay the state fee at a discount (1,400 rubles, 2,000 without a discount).
By the way, on the same page at the end you can see another “proof” - here it is indicated whether exams will be a mandatory component for replacing the right upon expiration.
You can also undergo a medical examination anywhere, but there are some subtleties here. Despite the fact that in 2021 you can legally obtain a medical certificate to replace your license in any institution (licensed, of course), it is better to obtain a certificate from a narcologist and a psychiatrist-narcologist at your registration address in a municipal institution, since it is (illegal) otherwise a change of driver may be refused.
Can I change it ahead of time?
Yes. In any case, a driver's license can be replaced before its expiration date. At the same time, there are no restrictions on the period, how much is left until the end. But here it is important to take into account 2 more subtleties:
- if you do not bring a medical certificate, then you will be given a new license for the same period as the old ones (for example, if the old ones have six months left until the end, then the new ones will have the same six months),
- If you pass a medical examination for your license and provide a certificate, you will be given a new license for another 10 years.
What if I’m late with a replacement?
Nothing bad will happen if you don’t drive. There is no penalty for the mere fact of being late with a replacement, because a driver’s license is not a mandatory document for all citizens. You just won’t have anything to prove your right to control. And you can apply to the traffic police to replace your license (you also don’t need to pass exams on knowledge of traffic rules) at least 20 years after the end of the previous ones - there is no delay in this matter and there cannot be, according to the law in force for 2021.
Procedural issues
It should be noted that rumors about the introduction of an additional exam on knowledge of traffic rules were not groundless, but still exaggerated. The State Duma actually considered the legislative proposal from the SAR, but did not approve the proposal, considering the changes undemocratic and economically unjustified. Therefore, the answer to the question: is it necessary to submit traffic regulations when replacing a driver’s license at the current moment is negative. The procedure for replacing certificates in 2021 has not undergone significant changes.
Let us recall the main provisions of the replacement:
- A driver's license in the Russian Federation does not expire; the document is valid for 10 years, after which the old license must be exchanged for a new one.
- New licenses are issued after paying a state fee of 2 thousand rubles.
The application for exchange is filled out in person - a sample and form are obtained from the traffic police department for registration and issuance of documents.
The application indicates the reason for the exchange, passport details, and place of official registration. If you do not have permanent registration, you must obtain a certificate of registration at your actual place of residence.
A mandatory rule when replacing a certificate is to undergo a medical examination.
A health report is received by:
- therapist,
- ophthalmologist,
- psychiatrist,
- narcologist.
Drivers undergo a medical examination in private and public clinics, while opinions from a narcologist and a psychiatrist can only be obtained in state, specialized medical institutions.
The certificate is valid for 2 years. It is strictly not recommended to purchase fake medical certificates on the Internet or by hand. The rights issued under such documents are considered invalid with all the ensuing consequences for the car owner, that is, a large fine and confiscation of the license.
In addition, the use of false medical certificates is a criminal offense that involves a fine of 80 thousand rubles, correctional labor for up to 2 years, or arrest for six months.
When will they introduce and will they even introduce exams for replacing licenses?
There is a possibility of this, and it is quite significant. This could happen in 2021 as well. We monitor changes and update the article to update it.
There are two reasons for the initiative to retake the traffic rules every 10 years (excluding the financial benefit of the driving school union itself as the initiator):
- Traffic regulations change several times a year; so, many drivers are not even aware that, for example, the circle throughout Russia is the main road even without signs, and with regard to the attitude of car drivers to cyclists, the Rules have been completely changed;
- in 10 years, any person will forget the rules of the road - especially against the backdrop of the fact that more people drive on the roads “by convention”.
But it is still too early to say that checking traffic rules when changing drivers will be introduced in the near future.
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To replace rights, regardless of the reason, you need to prepare the following documents:
- passport or any document replacing it;
- confirmation of registration in the same locality where the traffic police department is located (a stamp in the passport is enough)
- previous driver's license;
- medical certificate in form No. 083/U-89;
- receipt of payment of duty.
An important point: starting from 2021, in accordance with the relevant Government resolution, a medical certificate is not needed in the following cases:
- upon loss;
- if damaged;
- during planned replacement (after expiration).
If the traffic police officer demands any additional documents from the driver (the same certificate or an extract from the place of registration to confirm the address), then you will need to request a written refusal from him to replace the license. This decision can be appealed to the prosecutor's office or addressed to the head of the inspectorate.
Some drivers are worried about losing the driver's card issued during training at a driving school. In fact, this document is not needed to obtain rights, and its requirement is unlawful.
Total cost of the license replacement procedure:
- 800 rubles – payment of state duty;
- 2000 – medical examination;
- 100 rubles – filling out the form.
Thus, with a simple replacement of rights, if a certificate is not needed, the cost of the procedure will cost only 900 rubles.