Management after the expiration of the period of deprivation, if you have not returned your license and have not paid a fine of 30,000 rubles

Return policy

The rules and procedure for returning a license after the expiration of the period of deprivation in 2019 depend on the article of punishment and the conditions for surrendering a driver’s license. This procedure is very simple, but it will require time and, most often, finances. But first you need to understand whether the deadline expires on the day you think, and know when you will actually get your license back.

In the article we will talk about how to return a license after a period of deprivation, including for drunkenness and refusal of a medical examination, in which cases a medical certificate is required, how to do it step by step according to all the rules and how much it will cost.

Deprivation of rights: how to return your license in 2021? Rules

So, the procedure for returning a driver’s license is regulated by the Code of Administrative Offenses and its section 32. The necessary conditions are as follows:

  1. To return your license after deprivation, you must pass an exam on knowledge of traffic rules theory,
  2. pay all available traffic police fines, including fines for deprivation,
  3. undergo a medical examination and obtain a valid medical certificate, but only for those who have been deprived of their rights for alcohol intoxication or refusal of a medical examination - for those deprived of their rights under Articles 12.8, part 1, 12.26, part 1, 12.27, part 3 Code of Administrative Offences.

All these conditions for the return of military equipment are specified in Part 4.1 of Article 32.6 of the Code of Administrative Offences. Below we will discuss in detail how to perform each of these procedures, what is required for this, as well as how and where you can do it all.

Documents for the return of rights

At the end of the period for deprivation of a driver’s license, you can pick it up at the traffic police department where it was handed over in pursuance of a court decision. To do this, you will need to provide all the necessary documents:

  • return application;
  • passport;
  • exam card (or other document confirming successful knowledge testing);
  • medical certificate (if required);
  • receipt of payment of the fine;
  • court order (it is not necessary to provide, but it will not be superfluous).

Many drivers are interested in the question of whether a medical certificate is required in order to obtain a license. Necessary, but only if a penalty in the form of deprivation of rights was imposed for driving while intoxicated (including in case of refusal of a medical examination). We are talking about articles 12.8 of the Code of Administrative Offenses (part 1), 12.26 (part 1) and 12.27 (part 3). In other cases, a medical examination is not required.

In these cases, a medical certificate is necessary not only to return the driver's license, but also to pass the theoretical exam at the traffic police. Without it you will simply not be allowed to take the exam. The certificate must be obtained up to date; a medical examination is carried out after the offense has been committed.

Rules for return after deprivation - what documents are needed?

According to the return rules, to return your driver's license after the expiration of the period of deprivation of the right to drive, you will need a list of documents:

  1. Your passport,
  2. receipts for payment of fines,
  3. medical certificate in case of deprivation for drunkenness or refusal of a medical examination.

Another important document. No, it is not needed to return your driver’s license, but you must have it - this is a certificate of acceptance of your license for storage by the traffic police or a corresponding mark on a court order or decision. Without this document, you will not be able to confirm the opposite if, when applying for a driver’s license, you are told that you did not pass it.

But according to the 2021 law, documents on successfully passing the exam are not required - it is designed that the license return inspector himself is able to search the driver’s database for deprivation and find out whether he passed the theoretical exam on knowledge of traffic rules or not. But in practice, they often give the corresponding document about passing the traffic rules, although it is rarely required when returning to a military station.

Now let's look in order at each necessary condition for returning rights after deprivation!

Rules for returning a driver's license after deprivation!

From November 29, 2014, drivers who have been deprived of their license will be able to return their driving license only after passing the exam. There is no need to take driving lessons again. The deprived person is only required to pass a theoretical exam at the traffic police. After successfully passing it, the former offender will be able to get behind the wheel again.

How to get your license back after deprivation of your driver's license?

The new procedure for returning licenses came into force in November, but has already given many motorists pause.

Now a driver whose driver's license expires after November 29, 2014 will first have to successfully pass a theoretical exam.

Without an exam, the deprived person will not be able to obtain a driver's license.

Driving instructors remind you that the new rules apply to those who were deprived of their driving license after September 1, 2013.

That is, if you were deprived of your driving license before September 1, 2013, then you do not need to retake the theoretical exam to return your driving license to the traffic police after deprivation.

What is needed to obtain rights after deprivation?

  • The first step will be passing a theoretical exam at the traffic police. You must apply to retake the exam after half the period of deprivation has expired. Contact the traffic police and write a corresponding statement.
  • If you didn’t pass the first time, you can come back the second and third time, but only with an interval of one week. The number of attempts is not limited. One nice thing: you don’t have to pay money for such an exam.
  • If the exam is passed successfully, you can go to the traffic police department where your license is stored. Don't forget to take your passport, exam sheet and court order with you (to confirm the period of deprivation).
  • If a driver has been disqualified for driving while intoxicated, he will need a valid medical certificate to return his driving license. For violations such as “double continuous”, a certificate is not needed.

Correctly calculate the date of return of your driver's license. For example, you were deprived of your license for two years.

If you applied to the courts, then add this period (usually up to one month). It turns out the following: two years + time spent in court.

If you were deprived of your rights in one region and live in another? We hasten to please you: you don’t need to go anywhere. Now you can get a driving license at any traffic police department convenient for you. To do this, at least 30 days before the expiration of the deprivation period, a corresponding application must be sent to the department where the rights are stored. It must indicate where exactly you want to get your rights back. Such an application is sent by mail.

Pay the fines before returning the driver's license!

To return a driver's license, the car owner will be required to confirm that he has no debt on fines for certain traffic violations.

If at least one fine is not paid, your license will not be given to you. Such rules were introduced not only to monitor debtors even more strictly, but also to ensure that violators realized the seriousness of their actions and bore full responsibility.

Let us remind you that the fine for driving while intoxicated is 30 thousand rubles.

If the driver is caught drunk driving again, he will have to fork out 50 thousand. Plus an additional term of imprisonment. To get your ID back, there is no way out of paying such penalties...

Driving license retention period

It is not at all necessary to obtain your license on the very day the deprivation period expired. You can do this later. However, it should be taken into account that the traffic police have rules, or rather, storage periods for driver’s licenses. After three years of storage, if the rights have not yet reached their owner, they are subject to destruction.

Note: in this case, you can restore your license using the same procedure as after losing your driver’s license.

Video about the new rules for passing exams after deprivation of a driver's license:

Don't break the rules and be careful while driving!

Image taken from ntv.ru website

The shelf life of the VU is 3 years.
No, it is not possible to legally return your license before the end of your sentence.
- falsification of a certificate or other official document granting rights or releasing from obligations is punishable by restriction of freedom for a term of up to 2 years, or forced labor for a term of up to 2 years, or arrest for a term of up to 6 months, or imprisonment for a term of up to 2 years; — the use of a knowingly forged document is punishable by a fine of up to 80 thousand.

Deadlines

You can pass the exam after at least half of the period of deprivation of rights has expired.

Dear visitors! The site offers standard solutions to problems, but each case is individual and has its own nuances.
If you want to find out how to solve your particular problem, call toll-free ext. 504 (consultation free)

This is dictated by paragraph 4 of the Return Policy. In addition, if you unsuccessfully passed the test, then next time you will be able to sign up no earlier than in a week, which is quite logical, because you need to prepare for the exam again.

Rules

To take the exam, you need to register with the traffic police department where your license is located. Just take your passport and come there to sign up (employees sometimes also require a medical certificate at this stage). You will be given an exam day.

Come on the appointed day, and together with other deprived people you are seated at special computers, where a ticket randomly selected by the program appears in front of you, and you must answer 20 questions.

Questions are selected based on the categories you have open in your account. If, for example, there are categories B and C, then the questions will be in the highest open category.

Please note that according to the new rules for conducting exams in 2019, you can make 2 mistakes within 20 questions of the traffic rules ticket. If you answer 1 question out of this twenty incorrectly, then 5 additional questions are added (total 25), if you answer 2, then 10 additional questions (total 30), if you answer 3, then you did not pass the exam.

Also, you can’t make any mistakes on additional questions at all. If, for example, you made a mistake on the 18th question, you got another 5, and made another mistake on the 3rd additional question, then you will not pass the exam to return the right to drive, because you made a mistake on the additional question, although you made 2 mistakes in total.

There is no need to hand over the additional site and city as a condition for returning the rights.

What the code says

The law clearly describes all the conditions. It was said above that the right to manage is proven by the presence of the document itself - the certificate. Cunning inspectors often take advantage of drivers’ illiteracy and ignorance of the laws.

If the car owner did not receive a license after completion of the period of deprivation, and did not take the certificates with him on the road, then the right to drive does not disappear. The only bad thing is that you won’t be able to confirm it without an ID. But this does not mean that it is absent.

In addition, Article 32.6 Part 4.1 of the Code of Administrative Offenses, which establishes the conditions for obtaining rights (payment of outstanding fines, passing the traffic rules theory and presentation of a medical certificate), states the conditions for the return of the document, and not the return of the right itself.

Therefore, for such actions the driver can only be punished with a fine of 500 rubles, since there is no certificate. But he has the right to drive, since the period of deprivation has ended, regardless of whether the conditions for obtaining the document are met or not.

How and when to pay fines?

It doesn't matter when or how. The main condition is that you should not have any debts in the traffic police database at the time of returning your driver’s license, when the inspector checks their existence.

This also applies to the fine for deprivation - more precisely, the sanction that is imposed upon deprivation of rights for drunkenness or refusal to undergo an examination, together with deprivation, in the amount of 30 thousand rubles.

At the same time, the legislation of 2021 does not directly oblige you to present receipts for payment of fines, but it is better not to lose them and present at least payment of 30 thousand if you were deprived of it for drunkenness - in practice, this may be asked when returning your ID.

Rules

You can undergo a medical examination in any city, not necessarily at your place of registration. But there is an important subtlety: often employees do not accept certificates if you have been to a psychologist or a narcologist in another region - supposedly you need to go through them at your registered address. The law does not oblige this, but in practice such a condition may be imposed.

Therefore, if you are not sure that you can defend your right, then it is better to get a certificate from your registration address.

The medical report must be issued in a special form 003-VU.

As part of the medical examination as a condition for the return of your driver's license after the expiration of the period of deprivation, you will undergo the following doctors:

  • psychiatrist,
  • psychiatrist-narcologist,
  • therapist,
  • Laura,
  • ophthalmologist,
  • neurologist,
  • as well as in the direction of one of the above doctors: neurologist,
  • doctor who will give you an electroencephalography.

Where to pick up your license after expiration of the period of deprivation

During the entire period of deprivation of a special right, the driver’s license is kept in the same traffic police department to which the driver handed it over. If the offense was committed in another subject of the Russian Federation, and accordingly the rights are located there, there are the following solutions:

  1. the car owner independently travels to another city and picks up his license there;
  2. the driver submits an application to the traffic police at the place of registration with a request that they request his license from the State Traffic Inspectorate at the place of storage. In such a situation, taking into account the timing of processing citizens’ requests, as well as the work of the Russian Post, the process of obtaining rights may be delayed;
  3. sending a written application directly to the department where the rights are stored, with a request to send it to the department at the place of residence.

Thus, in order to get behind the wheel again after the period of revocation of a driver’s license has expired, you will have to re-confirm your knowledge of traffic rules, as well as the fact that your state of health allows you to drive a car.

Is the deadline really over?

Few drivers ask this question. But when they come to pick up a driver’s license at the traffic police, they may be in for a surprise - there’s still a lot of time before this period expires!

Therefore, regarding the duration of deprivation of the right to drive, we need to know 2 important subtleties:

  • the period always begins on the date of entry into force of the deprivation order,
  • but it is interrupted if you did not hand over your license to the traffic police department or did not write a statement about its loss within 3 days,
  • further, as soon as you write the appropriate statement of loss or surrender your driver's license, the period will begin again.

Thus, if you still have your driver’s license, you will not be able to return it on the expected expiration date, because only 3 days of this period have passed.

The disenfranchised were given time

We are talking about the expiration of the statute of limitations for bringing these same violators to justice. After all, according to the law, if the court does not have enough time to make a decision on punishment, the violating driver is considered innocent. And this situation gives rise to great hopes for many who have been removed from the helm. There is a lot of advice floating around in the driving community on how to stall for time, break the statute of limitations and remain unpunished. More often than not, those who heed this advice end up in trouble.

But in which cases the statute of limitations stops running and in which it does not, not only drivers are often confused. That is why the Supreme Court’s explanation of such conflicts may be equally interesting to lawyers and citizens behind the wheel.

So, by a ruling of a magistrate in one of the districts of Nizhny Novgorod, the driver was found guilty of violating traffic rules. And under Article 12.27 of the Code of Administrative Offences, he was deprived of his rights for a year. Two months later, the district judge agreed with this decision. Six months later, the deputy chairman of the regional court, by his decision, upheld these decisions. The driver, disagreeing with the punishment, went to the Supreme Court and asked to cancel the punishment imposed on him. And the Supreme Court met him halfway and overturned previous court decisions.

The Supreme Court reminded that from Article 4.5 of the Administrative Code it follows that the statute of limitations for bringing to justice for an administrative offense provided for in Article 12.27 of the same code is three months from the date of commission. The same article 4.5 states that the statute of limitations is suspended from the day the fine officer asked to consider his case at his place of residence. And it resumes as soon as the case reaches the judge. Strictly according to the law, that is, according to the same Code of Administrative Offenses, proceedings in the case cannot be started, and the started case must be terminated if the statute of limitations has expired.

Next, the Supreme Court began to count the days and months in the case of the Nizhny Novgorod driver. His unlucky day to break the rules was October 5th. On October 31, he asked in writing to consider his case at his place of residence. The magistrate agreed with him and on November 12 sent his case to a colleague - a magistrate, but in another district of Nizhny Novgorod, where the offender lived.

By the way, there are exceptions to the matter of sending the case home to the offender. Thus, the Supreme Court recalled its review of judicial practice. It said that the right of a person against whom a case of an administrative offense is being conducted to have his case examined at home may be limited. If this is necessary to protect “the interests of other participants in the production.” Simply put, this happens if there are victims in the case and they do not agree that the case will go to the place of residence of the culprit.

It turned out that there was such a victim in our case, and he objected to transferring the case to another station. Under such circumstances, the case, which had already come home to the offender, was returned again to the first magistrate. He eventually reviewed the case, punishing the culprit with deprivation of his rights. This happened on January 15th.

The Supreme Court recalled that the Code of Administrative Offenses provides for the suspension of the term only if the culprit’s request to have his case considered in court at his place of residence has been granted. In this case, the three-month period simply does not include the time for sending the case. And for this period, the limitation period is suspended.

But in our case, this rule does not work, as the Supreme Court noted. The fact is that his case was not examined at the place of residence of the guilty driver, which means that the statute of limitations did not stop. If so, then it expired on January 5th.

Let us remind you that on January 15, the magistrate found the Nizhny Novgorod resident guilty and deprived him of his rights for a year. But the court did this beyond the statute of limitations for bringing the citizen to justice. Which, according to the law, means one thing - this is a basis for terminating the proceedings.

The process of returning a driver's license after revocation in 2021

As mentioned above, the procedure for obtaining a license requires passing a theoretical exam, and the tests can be passed before the driving ban period ends. You can pass the theory after half the term, moreover, if you fail, you can try again after 7 days. However, please note that it is not possible to withdraw your rights ahead of schedule: you will still have to wait until the withdrawal period expires. Sometimes you may be faced with a rather strange question: how to get your license back after being deprived of it for drunkenness in 2021, if you didn’t surrender it after the trial. The fact is that such a situation is impossible in principle, since the violator, whether he wants it or not, is obliged to surrender his license to a traffic police officer.

If this is not done, then sooner or later the violator will still be forced to comply with the court decision, and even fines will be added. Therefore, you shouldn’t even try to deceive law enforcement agencies, because you yourself will suffer first. In the age of the Internet and high technology, when most issues can be resolved either by telephone or via the World Wide Web, there will always be those who are interested in how to find out when to get a driver’s license after being revoked online.

This can be done on the official website of the traffic police: go to the “Services” section, and then select the “Driver check” item. After entering the driver's license data, the system will generate a short certificate with information about the period of deprivation and the status of the case. It often turns out that a person cannot take away his rights immediately after the period of deprivation has ended. In this regard, the question arises of how long the license is retained by the traffic police after the expiration of the deprivation period.

The law stipulates that confiscated driver’s licenses can be stored in the traffic police department for another three years from the date of expiration of the deprivation period, so there is no need to rush there on the day of return, but you definitely shouldn’t wait three years, since at the end of this period they are subject to destruction. In this case, you will have to obtain a new driver's license in accordance with the standard procedure.

How long does the traffic police store a driver’s license after deprivation?

International Faculty

The period of deprivation begins from the moment you surrender your license. If you passed it, then where you handed it in, take it there. Back then they took away your license and gave you a temporary temporary residence. It had to be handed over. If you didn't pass.

then the period of deprivation had not yet begun! I picked mine up at the place of residence of the State Traffic Safety Inspectorate of the Eastern Administrative District and they took it in the Tver region from GAITSOV FIND OUT. I was deprived of my rights for a long time, how can I restore them? Contact the traffic police first. AstrofaMed is right.

And study. You should also have a car on the highway. parking lot and hide you for the entire period of deprivation of the license.

Return of rights after expiration of the period of deprivation

You can take the exam an unlimited number of times (no more than once every 7 days) at any traffic police department. After successful completion, an examination card is issued.

Important! Taking the exam is completely free.

  • court order.
  • a medical document stating that the driver can drive a vehicle due to health reasons (if necessary for certain types of administrative liability);

At the end of the period of deprivation of a special right, the law prescribes a clear algorithm and rules, following which the driver will receive his license back. In accordance with Part 4 of Article 32.6.

The Code of Administrative Offenses of the Russian Federation can obtain a certificate the very next day after the period of deprivation ends. After the expiration of the period of deprivation of a driver’s license for committing an administrative offense specified in Ch.

How do you get your driver's license back after the expiration date?

Determine in which traffic police department your driver's license is located. A driver's license can be obtained from the traffic police department that executed the decree on deprivation of rights (you can find its name in the decree itself). You can also obtain a driver's license at any traffic police department. To do this, 30 days before the end of the deprivation period, contact the traffic police department that executed the court order with a statement indicating which department you need to send your certificate to (Regulation No. 1191).

The application can be submitted on paper or electronically (Rule No. 1191). Next, act depending on the time of sentencing.

Step 3A. If the punishment was imposed before 01.09.2013, contact the traffic police department with a passport. They must issue you a driver’s license upon your request within one working day (Administrative Code of the Russian Federation as amended by Law of July 24, 2007 N 210-FZ)

Obtaining a driver's license after deprivation - rules for returning a driver's license at the traffic police department

The waiting period can be up to 2 weeks.

Obtaining rights after deprivation: step-by-step scheme

Each case is individual and is considered by the traffic police commission separately.

A traffic inspector must respond to any violation in the following way: Draw up a protocol.

Deprive the driver who violated his license. If necessary, remove the offender from driving and take him to the place of medical examination.

Detain the violator's vehicle.

The process of returning a driver's license after deprivation in 2018

You should know that after you have a copy of the court decision, you need to go to the traffic police department within 3 days and surrender your license.

If you have a temporary driver's license, then the same fate awaits him, otherwise the sentence will increase.

In the age of the Internet and high technology, when most issues can be resolved either by telephone or via the World Wide Web, there will always be those who are interested in how to find out when to get a driver’s license after being revoked online. This can be done on the official website of the traffic police: go to the “Services” section, and then select the “Driver check” item.

After entering the driver's license data, the system will generate a short certificate with information about the period of deprivation and the status of the case.

What is the procedure for obtaining rights after their deprivation?

If you fail to pass the exam the first time, you are given an unlimited number of attempts, but not earlier than 7 days after the previous passing.

In addition to your license, the inspector must also be given a temporary certificate. Data about documents, including information that they are in the traffic police, are stored in a special database.

But what if the offense, and accordingly the court decision on punishment, was made in another city? The driver has several options for getting out of this situation: He goes to another city on his own and picks up his license.

Rules for deprivation and return of driver's licenses

Previously, it all started with the fact that at the place where the arrest took place, a temporary driver's license was issued in place of the confiscated license.

However, now the actions under Article 27.10 Part 3 of the Code of Administrative Offenses of the Russian Federation, which allowed the confiscation of rights on the spot, are canceled. From now on, when a vehicle is detained, an Administrative Violation will be issued indicating the details of the violation committed.

Next, the traffic police inspector collects all the evidence (, etc.) and sends all the documents to the court. Remember, before the court makes a decision and it comes into force, you have your driver’s license. Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation: The period of deprivation of a special right begins from the day the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right comes into force.

Obtaining rights after deprivation in 2021

For the examination, a free application is written, a general passport and a copy of the document are presented, in which a note is made about the certificate previously submitted to the inspection.

  1. Successful passing of the exam is entered into the electronic database of the state inspectorate; a paper document is not issued.
  2. You can take the exam to return your license:
      or in advance, but not earlier than the expiration of 1/2 of the period of deprivation
  3. or simultaneously (after) filing a return application
  4. If the test is failed, you can retake it no earlier than in a week.

How to get your license back after deprivation in 2019

You need to pay fines and debts in advance, including closing the enforcement proceedings of the bailiff service. As a rule, after receiving the application and the specified documents, it will take only one day to receive your driving license. This rule applies if the rights do not need to be sent to the address specified in the application. The procedure is well established and does not present any difficulties. The traffic police service regulations specify the rules for sending official mail, which are strictly observed.

Opponents of the bill claim that there will be many abuses and rights will be returned early for bribes. As a result, they decided to consider the bill later, when the situation on the roads has significantly improved. Currently, there is only one possibility: to competently defend your rights in court.

Almost every article of punishment provides for a different type of punishment: there may be a fine, deprivation or other penalty. If your license was revoked for drunkenness, you must provide a standard medical certificate received no later than a month before applying. You can apply for a certificate at the department where the document was submitted, or at any other inspection. If the location is different, it makes sense to contact in advance so that there is time for delivery by official mail.

The package of documents is insignificant, nothing additional is required: You can take the exam after completing half the term, in any convenient department. MREOs that accept exams are listed on the traffic police website. You should familiarize yourself with the work schedule of the departments, since sometimes exams are taken from individuals by appointment via the Internet on the Public Services portal.

The examination department will require the completion of a standard application in the prescribed form and the submission of documents. After which the citizen is assigned a day and time for verification.

Application for return of rights after deprivation

The application form can be found directly at the traffic police department, or you can write it yourself. A standard sample application for the return of a driver's license after deprivation is filled out by the driver according to the specified data, a date and signature are affixed with a transcript, and the required documents are attached to the application. To fill out the application, you need a copy of the court order and indicate your driver's license number. From the copy of the decision, the details of the judge, the number and date of the decision should be transferred to the application (case No. ___, dated _______).

To apply, you can use the prepared general form and fill it out. The form is available for downloading and viewing.

Retaking traffic rules after deprivation of rights in 2019

  • Testing is carried out exclusively on automated systems that do not allow subjective assessment , for which a set of examination tasks has been developed, determined by the Ministry of Internal Affairs of the Russian Federation.
  • The test taker receives a random ticket with 20 questions .
  • Exam time – 20 minutes .
  • The allowed number of incorrect answers is two .

In recent years, the consequences for neglecting traffic rules have become significantly more serious. In accordance with the latest edition of Chapter 12 of the Code of Administrative Offenses of the Russian Federation , introduced on April 4, 2017 , violators are deprived of the right to drive a vehicle on eleven grounds. At the same time, the procedure for returning a driver’s license is determined by no less strict rules established by government decree No. 1191 of November 14, 2014 .

  • Traffic rules of the Russian Federation.
  • Basic provisions on the procedure for admitting vehicles to operation and the responsibilities of officials to ensure road safety.
  • Legislation regarding driver liability : criminal, administrative and civil.
  • Fundamentals of safe vehicle control .
  • The procedure for providing primary medical care to persons injured in road accidents.

Tests that determine violators’ knowledge of current traffic rules are carried out in the manner established by Government Decree No. 1097 of October 24, 2014 . When preparing for the exam in 2021, it is recommended to solve tickets online for all those who have been deprived of their driver's license for drunkenness, speeding or other reasons. Clause 12 of Part II of the said resolution contains a list of topics on which theoretical knowledge will be tested:

The period of deprivation has passed, but I have not taken away my license, is it possible to drive?

07.04.2017

Quite often, drivers who have been deprived of their license and whose period of deprivation has already passed do not want to comply with the procedure for returning them. Disenfranchised people are interested in whether it is possible to drive and what will happen if they are stopped by traffic police officers?

There is a Decree of the Government of the Russian Federation dated November 14, 2014 N 1191 “On approval of the Rules for the return of a driver’s license after the loss of grounds for termination of the right to drive vehicles.” It states that a driver who has had his license revoked can get his driver's license back after he passes the traffic rules test.

We are talking specifically about the return of the rights themselves, and not about extending the period of deprivation or canceling them.

Thus, the law “On access to driving vehicles” lists cases of invalidity of rights:

  • if your driver's license has expired;
  • if the personal data of its owner contained in the driver’s license has changed;
  • 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;
  • if the driver's license was issued on the basis of documents that were duly recognized as forged (falsified), or issued in violation of the procedure established by these Rules;
  • if an application has been received regarding the loss (theft) of a driver’s license;
  • if a new driver's license has been issued;
  • if it is confirmed that the driver of the vehicle has medical contraindications or previously undetected medical restrictions to driving a vehicle.

There is no clause that would say that failure to comply with the procedure for returning rights entails their invalidity. This means attracting under Part 1 of Art. 12.7 (no rights at all) is not allowed.

Now, regarding part 2. Article 12.7 (driving a car by a driver deprived of his license). The driver is deprived of his license for a certain period and upon its expiration, the license is again valid and must be issued in compliance with the procedure. Therefore, punishment under this article for driving a car if you did not take away your license after deprivation is also inappropriate.

There is only one thing left - part 2 of Art. 12.3, that is, driving a car without a license with you, and this is already a warning or a fine of 500 rubles.

But! The period of storage of licenses in the traffic police does not last forever and, if you have not taken them, then after the destruction of the license, the driver faces a fine of 5,000 to 15,000 rubles and evacuation to the impound lot.

P.S. (04.07.2019) The Supreme Court of the Russian Federation has cleared the air on this issue. Now, this will be considered as a lack of rights, and this means a fine from 5,000 to 15,000 and a parking lot.

Similar articles:

  • I was deprived of my license, but I didn’t give it up
  • Statute of limitations for deprivation of rights
  • Return of rights after deprivation

How to get your license back after expiration

After determining the deadline for collection, the defendant must find out in which department the rights are currently located. Since the entire collection period the certificate was kept in the department that compiled the protocol, it is not always convenient to receive the document there. If the driver decides to return the document at the office at his place of residence or another, he must write a statement 30 days before the end of the period.

Let us remind you that according to the law, you can challenge a court decision on deprivation of rights within 10 days before the decision enters into legal force. An appeal is filed indicating the objective reasons for the disagreement. The largest number of complaints come from owners based on errors in the preparation of the protocol, medical examination, or later testimony of witnesses.

An appeal, if the reasons are compelling enough, plays an important role in restoring justice in the event of an unreasonable court verdict. The calculation of the beginning of the punishment is made from the day the court decision enters into force, that is, 10 days after the decision is made. Please note that the period is extended if the owner fails to hand over the certificate.

That is, if the driver’s license remains in the hands of the driver and is missing from the traffic police three days after the administrative penalty comes into force, then the driver bears the blame for this. Having received a court ruling, the offender must, within three days after the decision enters into force, surrender his license to the traffic police. If the driver had a temporary permit to drive a car, then it is better to hand it over as well, so that no questions arise later. Although there are no categorical legislative guidelines on this matter. How long is a driver's license stored in the traffic police after deprivation?

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Attention!

Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below.

The procedure for returning rights after the expiration of the deprivation period

In order to get your driver's license back, you must collect a certain package of documents:

  • passport;
  • statement;
  • medical certificate;

Important!

According to the decision of the Supreme Court of the Russian Federation dated April 11, 2013 No. AKPI13-228, providing a medical certificate is not necessary, but the traffic police still requires it.

  • exam card;

To get your certificate back, you must retake the theoretical part of the exam. The test consists of 20 questions on knowledge of traffic rules. You can submit an application for passage even on the day the court ruling comes into force, but you will be able to pass it no earlier than 15 days before the end of the deprivation. You can take the exam an unlimited number of times (no more than once every 7 days) at any traffic police department. After successful completion, an examination card is issued.

Important!

Taking the exam is completely free.

  1. a medical document stating that the driver can drive a vehicle due to health reasons (if necessary for certain types of administrative liability);
  2. court order.
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