Depriving a person of a driver's license not only hinders the ability to drive a vehicle. Such a citizen cannot get a license again, get a job as a driver, or teach driving. Therefore, sometimes it is important to know in advance whether a job applicant or student has previously been deprived of a certificate. In such a situation, you may be faced with a requirement to provide a certificate. This document does not appear in regulations, but in practice it is not so rare.
So, what is a certificate of non-deprivation of a driver’s license, why is it needed and how to obtain it.
Why do they require a certificate of non-deprivation of rights?
The document may be required for admission to the driver's license exam. According to the current law, the basis for exclusion from testing is the presence of a court injunction against driving. A certificate of non-deprivation of a driver's license may be requested by:
- MREO;
- Gostekhnadzor (when a citizen tries to obtain a license to drive a tractor or combine);
- GIMS (upon receipt of a document for operating small vessels); employer.
Important. In Russia, there are carrier organizations that periodically require from their employees confirmation of non-deprivation of rights from the traffic police.
A certificate of non-deprivation of a driver's license from the previous place of residence is requested from persons who have changed their address or moved to another region. MREO of Moscow requires such information from everyone who changes, receives a license if the person has lived in the capital for less than 2 years.
There are databases of names of persons deprived by a court of the right to drive cars. Information is available to employees of the State Traffic Safety Inspectorate, Gostekhnadzor, GIMS. Any inspector is able to obtain the necessary information in a few minutes. Despite automation, there are cases when government officials require citizens to provide a certificate of non-deprivation of a driver’s license from the traffic police at their previous registration address.
Methods and procedure
In the simplest version: you never left your place of residence or came there on purpose. Then you go to the local traffic police department, explain to the employees what exactly you need, depending on their instructions, either write an application for a certificate, or simply receive it.
After that, you go with her to the traffic police department to which you applied to obtain your license.
A certificate from the traffic police about non-deprivation of rights does not have a set form, strict reporting forms are not used in its production, and accordingly, the attitude of traffic police officers to this document is not too strict. No, we are not talking about the fact that someone will decide to issue such a paper to a person who was once deprived of a driver’s license.
But your relative or friend will most likely be given a genuine certificate stating that you have not been deprived of your rights. All you have to do is negotiate with such a person by phone and wait for the paper you need to be received by mail or in one of the delivery services.
The third option is to ask the employees of the traffic police department where you plan to obtain a driver’s license to send a request to your place of registration. They have no right to refuse you, but this method usually takes a very long time. We are talking about months here.
Traffic police officers have many other jobs; when one of them is free, he will write a request and send it by mail. No one knows how long the letter will take, when the answer will be written, whether the letter or the answer to it will be lost on the road. Thus, it is impossible to predict the timing of obtaining the necessary certificate in this way.
The fourth option is to remind the traffic police officers that this certificate is not provided for by any official regulations. The path is quite risky - you still have to take an exam, but sometimes it bears fruit.
You just need to write an official statement addressed to the head of the traffic police department with a request to allow you to take the exam and demand a written refusal if your request is not satisfied. Write the application in two copies and demand registration of both, then you will keep a copy with which you may have to go to court.
Although no one wants to get involved with all these proceedings and, perhaps, your request will simply be granted.
There is a state law “On the organization of the provision of state and municipal services” No. 210-FZ of July 27, 2010. Article 7 of this law assumes that all information between government agencies moves through requests and must be received through a unified information system within 5 days.
The system does not work fully and does not always run smoothly, but theoretically these are not your problems. Write a statement, demand to receive a certificate in this particular way, register the statement, and be prepared for the court.
We recommend that you use one of the first two methods.
Methods for obtaining a document
The paper is drawn up by persons who are tested for their license not at their place of registration, but in another region. You have to obtain the document in your area. Due to the size of Russia, going home to get a certificate from the traffic police is not always realistic.
Confirmation that a person has not been deprived of a driver’s license by court is issued by the territorial departments of the MREO traffic police. An application for a certificate of non-deprivation of a driver's license can be sent by mail or submitted in person.
Remote request to the traffic police
It is not possible to submit a request for a certificate of non-deprivation of rights through the State Services portal. The real way to obtain the desired document is to contact the head of the examining department of the traffic police with an application. According to the current law, all government bodies must interact with each other. Traffic police departments belong to a single department. It is not difficult for employees of an organization to request data or retrieve information from a common database.
An application for a certificate of non-deprivation of a driver’s license can be drawn up and sent independently by mail. The statement states:
- full name;
- registration address.
A registered letter with acknowledgment of receipt cannot remain unanswered. It is registered in the incoming documentation book. Government organizations are obliged to respond to such requests from citizens.
We talked in detail about how to get category E in this article.
Through a personal visit
If testing takes place near your place of permanent registration, it is easier and faster to go get the necessary papers yourself. Procedure:
- They draw up a statement in which they indicate the essence of the issue and personal data.
- The application is submitted to the territorial department of the MREO.
The authority's employees check the data against the internal database and issue a response to the request received. If you apply in person, you can receive the required paper on the day you submit your application. The received certificate of non-deprivation of a driver's license is provided at the place of request. Benefits of this design method:
- speed;
- reliability.
When applying in person, a citizen is able to check the correct spelling of his first name, last name, and other specified data.
This option is not suitable when citizens need to travel to another region to obtain a certificate of non-deprivation of a driver’s license requested by the examining body. Such actions entail:
- additional cash expenses;
- a large amount of time wasted.
Important. A certificate that can confirm the absence of deprivation of rights is not included in the list of required documents. Citizens are not required to provide it to the examining authorities when obtaining a driver’s license. Requiring such papers is illegal.
Request through third parties
You can speed up the process of obtaining the required information if you ask relatives or friends to go to the MREO. The law does not prescribe the procedure and rules for issuing a certificate of non-deprivation of a driver’s license, so a citizen is not required to be personally present when it is issued. There is no violation in the fact that instead of the applicant, his wife, mother, and other close people will contact the inspector. The authorized representative must have with him a photocopy of the passport of the person for whom the document is required. The received certificate of non-deprivation of a driver's license can be sent by mail or transmitted in other ways.
In what case may it be required by the traffic police?
A document confirming that a person has not received a driver’s license is needed for those who are applying for a license for the first time in a region other than their place of registration. Often such paper is required in Moscow for cadets who have been registered in the capital for less than 2 years or for those who do not have permanent registration in the Moscow region.
Also, such a document may be required when re-obtaining a driver’s license as a result of a change of surname, change of registration and obtaining a new driving category.
Important! Before collecting papers to pass your license, contact the driving school or traffic police department where you will take the exam to clarify the necessary documents. If such paper is not on the list, then it is not necessary to do it.
Required documents
The law does not regulate the procedure for submitting a request and issuing a certificate of non-deprivation of a citizen’s right to drive transport. There are no rules or lists of documents that the applicant must provide. For this reason, it is enough to show the receptionist your passport as a citizen of the Russian Federation.
When applying in person, a written request from the applicant is rarely required. If the inspector asks you to write a statement, it must indicate:
- full name as shown on the national passport;
- date, place of birth;
- place of work.
You do not need to provide any other papers, certificates, or extracts.
How to get a document from the traffic police?
On one's own
If the driver lives near the place where the certificate was issued, you can apply for it yourself. The procedure for obtaining the document will be as follows :
- Contact the authority that issues a certificate of non-deprivation of rights at your place of residence.
- Provide information about yourself. They may be required to fill out a form or write a statement indicating:
- date of birth;
- FULL NAME;
- residential address;
- place of training or employment;
- the request for issuance and the purpose of obtaining the certificate;
- date and signature.
Waiting for the result. Usually the document is received quickly, it is issued and issued to the applicant on the same day.
The main advantages of this design method:
- This is speed . The certificate can be collected on the day of application.
- Reliability . You can independently control the process and avoid possible distortions of information.
The disadvantages include:
- The need to go to get the document yourself (additional costs, time and other consequences).
- Lack of opposition in the system . A citizen’s request for documentation that is not regulated by the procedure for providing state services is not entirely legal. As long as people agree to find information for authorities that they are not required to provide themselves, officials will take advantage of it.
If it is not difficult to obtain a certificate on your own, then you can use this option or consider another course of action.
With the help of third parties
Based on the fact that the procedure for obtaining a certificate is not supported by any legislative act, citizens are not required to attend the registration in person or provide their documents for this purpose. That is, you can send friends or relatives to get the document.
They will only need to provide the applicant’s personal data to the issuing authority and send the received certificate by mail.
With the assistance of authorities
- Collection of information . You need to think through this stage in advance and begin your actions immediately upon arriving at the driving school. It is possible that the certificate will not be needed at all, or that the examiners will independently submit a request to obtain the necessary information. If the list of documents required for admission to driving tests includes a certificate of non-deprivation of rights, you should pay attention to the following point.
- It is necessary to draw up a written statement in which you need to indicate the impossibility of obtaining a certificate on your own. The application must be submitted to the examination department. In the body of the document, it is necessary to refer to Federal Law No. 210, Article 7, which establishes the procedure for interaction between government authorities regarding the transfer of information about citizens for the subsequent provision of services to them.
- You must then provide two copies of the application to the examiner . One of the copies must be kept for yourself after it is dated and signed by the employee who accepted the application.
- Checking the result . Before the exam, you should make sure that the actions brought the appropriate result. There are usually no problems with this.
- Challenging the inaction of officials if necessary . If the appeal was not considered and sent, having a copy of the application in hand, you can file a complaint addressed to the head of the examination department. Such actions are legal. A citizen demonstrates his awareness of legal issues; this will help relieve responsibility from himself and force officials to fulfill their duties.
The culprit in this case is the body that did not provide information about not depriving the citizen of a driver’s license (in accordance with Law No. 210-FZ, Article 7.1).
Deadlines for receiving the document
When a person applies to the MREO in person, the required certificate of non-deprivation of a driver’s license is drawn up and issued within one business day. The response to an application sent by mail arrives within a period of time, which consists of the periods of time required:
- to deliver a letter to the traffic police department;
- processing incoming information;
- sending a response from the traffic police to the addressee.
Due to the remoteness of certain regions of the country, mail can travel back and forth from 30 to 60 days.
When a document is transmitted by government agencies at an internal departmental request, a response must be received within 5 days. Considering that all MREO employees have access to the databases, they are able to obtain the necessary information in a few minutes. To do this, it is enough to have information about the registration of the person applying. A certificate of non-deprivation of a driver's license is valid from 10 to 30 days.
How to get a document from the traffic police
From the point of view of the law, the traffic police inspector, other structures or private individuals cannot require a certificate from the driver, which confirms the absence of restrictions on driving the vehicle. At the same time, there is a rule according to which a citizen does not have the right to receive a new driver’s license if there is a valid court decision against him to deprive him of his driver’s license.
For this reason, if a traffic police officer does not have access to the necessary information, he is able to oblige the driver to provide him with supporting paper. The document is issued in hand at the State Traffic Inspectorate office, or it can also be sent by mail to the address specified by the applicant.
On one's own
Most often, a certificate is required to take an exam, so the deadlines are tight. The easiest and fastest way is to get the document yourself from the traffic police at your place of permanent registration.
To do this, it is enough to come to the department with a passport, submit an application in free form or using a form provided by a traffic police officer. The deadline for issuing the paper is not regulated due to its legal insolvency.
On average, it takes up to five working days to prepare a certificate, and sometimes it is done within a few minutes or hours. A traffic police officer cannot refuse to send a document about not depriving a citizen of his rights by mail, but in practice this takes about 2-3 months.
Obtaining a certificate of non-deprivation of rights through third parties
For citizens temporarily residing outside their place of permanent registration, the standard option is usually not suitable. In such a situation, it is easier to obtain a certificate of non-deprivation of rights with the help of one of your loved ones living in the desired area.
To do this, it is enough to notarize a power of attorney for this person and send it by mail, attaching a copy of the passport. It is better to verify the possibility of using this method in advance by making an official request to a specific traffic police department.
Some services refuse to provide such a service or require you to provide additional documents. Sometimes traffic police officers, on the contrary, do not require a power of attorney, issuing a document based on an application written on behalf of the driver and with his signature.
Expert opinion
Stepanov Vladislav Vasilievich
Practitioner lawyer with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
It is strictly forbidden to try to order such a certificate on special websites. To do everything according to the law, you will also have to transfer the right to receive paper through official means.
Other schemes are fraudulent. Despite the fact that, according to the law, such a document does not even exist, its falsification risks criminal liability.
Request to authorities
It will take the most time to receive a certificate if you request data by mail and wait for a response in the same way. On average, it takes at least 2-3 months to get results. Alternatively, you can contact the traffic police department at the place of temporary registration with a request to make a request for a document at the registration address. Depending on the availability of employees, the document will be received within 1-4 weeks.
