If the period of deprivation of rights has passed and you haven’t taken your license, can you drive in 2021?

Procedure in Russia

Whatever the nature of the traffic violation, the process is always standard:

A protocol is drawn up at the stop site.
The protocol is submitted to the court for consideration.
From the date of the court decision, the violator has 3 days to submit the document.
You can return the driver's license when the period established by the court has passed, after the actual surrender.

Deprivation of rights is one of the most serious punishments administered by the traffic police. Until the fall of 2013, an inspector could seize a document on the spot, but now the scheme has been significantly changed. Even if a traffic police officer wishes to confiscate a document, which is allowed only in exceptional cases, he is obliged to issue a temporary driving permit on the spot.

The guard's competence is limited to drawing up a protocol, and further decisions on punishment are made by the judge. When registering for a traffic camera, deprivation of rights is not provided.

Fulfillment of the order rests with the driver, and only he is responsible for the timely surrender of the license. To do this, you need to go to the traffic police department. There you need to fill out an application form containing the following information:

A court decision to deprive the right to drive a vehicle of a certain category.
Judge's name and order number.
Series and number of the civil passport.

The application is drawn up in 2 copies, and the driver receives one of them with a note from the duty officer. From the moment the certificate is exchanged for an extract of its acceptance, the calculation of the sentence period begins. Any document giving the right to drive is required to be submitted, including a temporary one in the absence of a main certificate.

Return of rights after expiration of the period of deprivation

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.

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Deprivation of a driver's license is the most severe administrative punishment for drivers, which is imposed for serious offenses. According to statistics, this most often occurs for driving while intoxicated, transferring control to a person who is intoxicated, driving in the opposite lane on a one-way road and for exceeding the speed limit by 60-80 kilometers per hour.

Where and when to take it?

According to the Administrative Code, the time to submit the VA after the publication of the court’s conclusion is completed within 3 days. The driver must independently submit a permanent or temporary document giving the right to drive. The document must be accepted by the inspector of the department to which the motorist is assigned at his place of registration.

There are often doubts whether it will be possible to return them. The employee's responsibility is to sign the second copy of the application, which is attached to the license upon delivery. The application, drawn up in 2 copies, contains the registration number, initials and signature of the inspector, passport details of the owner and the number of the court order.

Keep the signed statement for the duration of your sentence. In case of misunderstanding, this form serves as proof of the transfer of the holder of the document in accordance with the established procedure.

After waiting for the specified period of administrative prohibition, contact the inspector and take the document back, providing your copy of the application. Under current law, you will be required to retake the exam, which can be done after the middle of your sentence.

Is it possible not to hand over documents to the traffic police after confiscation?

According to Article 3.8 of the Code of Administrative Offences, only a court can deprive a special right. Since 2013, the inspector has no right to seize a document on the spot. The guard who stopped the offender draws up a report, which is submitted to the court. Based on it, as well as the examination and other materials, a case of administrative offense is considered.

The duration of the paperwork is no more than 3 months, according to Article 29.6 of the Code of Administrative Offenses. Also, according to 31.1 of the Administrative Code, the decision can be appealed within 10 days, otherwise it must be executed. Until the final verdict comes into force, the driver retains the right to drive the vehicle.

The requirements for transferring a document for storage are specified in 32.6 of the Administrative Code. According to procedure 32.7 of the Code of Administrative Offenses, if the appeal period has expired, you must transfer the document or a temporary duplicate within 3 calendar days. There, in Part 2 it is stated that the term of punishment is calculated from the moment the inspector receives the driving license. Part 3 of 32.7 of the Code of Administrative Offenses provides for the addition of a second term of imprisonment in addition to the main one in case of a repeated violation.

Thus we can conclude:

the period of deprivation is accounted for from the date of transfer of the tertiary license or submission of an application for loss;
While the document is in the driver’s hands, the sentence is suspended;
a second violation adds a second term from the end of the first.

If the period of deprivation of rights has passed and you haven’t taken your license, can you drive in 2021?

There is a Decree of the Government of the Russian Federation dated November 14, 2021 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.

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.

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Possible punishment if my license is revoked?

There is no penalty for late delivery of the driver's license; the driver's license must be transferred promptly, otherwise the driver himself will increase the length of the punishment.

There is a statute of limitations for administrative violations of 2 years. However, in order to terminate the case, it is necessary to prove the impossibility of transferring rights during this period - a certificate from a prison, a clinic, or proof of being abroad.

Otherwise, you will be accused of evading the execution of a court decision and will be required to surrender your license again.

Punishment is provided only in cases where the driver has already been deprived of his rights by a court order and continues to use the vehicle. This is considered a serious violation. Responsibility for it is spelled out in Part 2 of 12.7 of the Code of Administrative Offenses of the Russian Federation and provides for:

repeated removal from management;
sending the car to the impound lot;
arrest for 10-15 days, or a 30 thousand ruble fine, or 100-200 hours of correctional labor.

The decision is made based on the severity of the repeated violation, for example, if you were deprived of your driving license for drunkenness, then an arrest will be imposed, presentation of a certificate that is considered lost will entail a fine, and the damage to the state will have to be paid for the accident. In any case, you will have to pay for a space in the traffic police parking lot and the service of a tow truck. The driver's insurance ratio under MTPL will also be increased.

Is it possible to drive without a license after deprivation in 2021 - penalties and consequences

It is prohibited by law to use a personal vehicle to travel after revocation of a driver's license. The period for suspending the validity of the license is determined by the court and indicated in the ruling.

Disobedience to the verdict may sooner or later come to light if the driver is stopped by an inspector during a traffic police raid. During the execution, the official will definitely ask you to provide him with not only the technical document for the car, but also a driver’s license.

Not every driver has the desire to switch to public transport, so they, despite the ban, continue to illegally use their own vehicle. And if the violator is caught, he will not escape punishment for driving without a driver’s license after deprivation. And what it will be like, read on.

What happens if someone is stopped without a license?

Let us say right away that the punishment for driving a car without a license after deprivation will be increased. As soon as a case of driving while prohibited is identified, the following actions of inspectors will be in accordance with their official powers:

they will immediately remove the offender from driving the vehicle, which is in accordance with the Code of the Russian Federation, which considers issues of administrative offenses, Art. 27, paragraph 1, approved on December 30, 2001. for No. 195-F3;
his car will be towed to the impound lot in accordance with Art. 27.13, clause 1 of the Code of Administrative Offenses of the Russian Federation.

But evacuation can be avoided if an authorized representative of the violator, authorized to drive this vehicle, arrives at the place of detention, i.e.

he will have a driver’s license in his hands, and his name will be included in the OSAGO policy (requirement under Article 27.13, clause 1.1.).

Road service employees must document the detention of the offender and the evacuation of his car. Additionally, it is necessary to make a video recording of what is happening.

If deprived for debts

Any citizen who has been deprived of a driver’s license for debts, but still allows himself to get behind the wheel of a car, faces Article 17.17 of the Code of Administrative Offenses of the Russian Federation as punishment, which states:

oblige the offender to work 50 hours during free time from work, but no more than 4 hours per day;
deprive him of his driver's license for up to 1 year.

The following category of persons may be exempt from this punishment:

pregnant women or those with young (under 3 years old) children;
people with disabilities of groups I and II;
those in military service and intelligence officers in accordance with Art. 3.13 Code of Administrative Offenses of the Russian Federation.

When a driver's license is suspended

Since driving without a driver’s license after deprivation is tantamount to driving without a driver’s license, the punishment under Article 12.7, paragraph 2 of the Code of Administrative Offenses of the Russian Federation will look like this:

this could be a fine of 30 thousand rubles;
15-day arrest;
or connection to public works for 100-200 hours.

Drunk and driving after revocation of license

If there was a meeting between a traffic police inspector and a drunk driver who had already been deprived of his driver’s license and who had not yet committed a criminal offense, then under Art. 12.8 clause 3 of the Code of Administrative Offenses of the Russian Federation, he will suffer exactly the same punishment as if he refuses to undergo a medical test for the amount of alcohol in the blood (clause 2, article 12.26 of the Code of Administrative Offenses of the Russian Federation), i.e. in the form of a 10-15 day arrest.

If a violator who has twice violated the law belongs to the category of people who are exempt from any punishment, then he will be subject to penalties, the fixed amount of which is 30 thousand rubles.

It must be remembered that only a judge is authorized to impose punishment for an administrative offense. For example, arrest cannot be applied in relation to:

female representatives (pregnant or raising children under 14 years of age);
teenagers under the age of majority (18 years old);
people with I and II disability groups;
persons liable for military service and employees of special services (clause 2, article 3.9 of the Code of Administrative Offenses of the Russian Federation).

If there was a detention (administrative) for a period of 3 - 48 hours, then from that moment, according to Art. 27.5, paragraphs 1-2 of the Code of Administrative Offenses of the Russian Federation, the period of arrest associated with an administrative violation is counted. The exception is for heavily intoxicated persons, for whom the countdown of the arrest period begins from the time of sobering up.

When driving again without a license after being disqualified while drunk

Things are different for the driver, who has already been brought to justice for drunk driving and continues to drive in a similar state. For this type of offense, Art. 264.1 of the Criminal Code of the Russian Federation, which the judge can rely on when announcing the verdict. The article provides for several methods of punishment:

in the form of a fine in the amount of 200 thousand rubles. up to 300 thousand rubles;
suspension from work in certain professions for a 3-year period;
involvement in various types of work for a period of up to 2 years;
2-year prison term.

The court may pass a sentence in a combined form.

Driving with a fake license

The entrepreneurial spirit of drivers never ceases to amaze: in order not to deprive themselves of the opportunity to drive a car, they acquire a fake driver's license. Modern printing allows you to make the most similar copy possible. But this will not fool experienced employees.

As soon as a driver with a fake driver's license is stopped during an inspection, he will be subject to not only punishment for driving with a fake license under Article 12.7 Part 2 of the Code of Administrative Offenses of the Russian Federation, which addresses issues of administrative offenses, but also liability under criminal article 327, Part 3 Criminal Code of the Russian Federation. A driver who drives a car using fake documents will face one of the following penalties:

fine - 80 thousand rubles;
6 month arrest period;
correctional labor (400 hours).

To avoid this kind of punishment, it is better not to drive a car if the deprivation of your driving license is temporary.

Driving without a license in someone else's car after being arrested while drunk

In this case, neither a drunk driver driving a car without a valid license at the time, nor the real owner of the car will go without punishment. A violator deprived of his rights will be subject to punishment under Art. 12.8 part 3 of the Code of Administrative Offenses of the Russian Federation.

He will be fined, the amount of the fine will be determined by the court. He will have to fork out to the state in an amount ranging from 15 thousand - 30 thousand rubles. In relation to the owner of the car, the fine is a fixed amount - 30 thousand rubles.

In the case where the car is officially registered by the owner in the name of a person by proxy, when he has not yet been deprived of his rights and, after their deprivation, has not informed the principal about this, the case is considered separately in court.

Driving drunk on a scooter without a driver's license after revocation of the license

Due to a lack of knowledge of the legislation of the Russian Federation, a driver deprived of his license thinks that if he is prohibited from driving a car, then he can easily switch to a two-wheeled vehicle, which is a scooter.

You only need to obtain a license for the low-power vehicle category. But he will not be able to do this and will not acquire any rights of a different type until the confiscated driving license returns to his hands again after the expiration of the sentence.

Even to drive a low-power scooter, you need to acquire a certain type of license.

A driver who does not have the right to drive a scooter due to existing violations, and who was subsequently detained while drunk while driving, will be punished under Art. 12.7, 12.

8 Code of Administrative Offenses of the Russian Federation and under Art. 264.1 of the Criminal Code of the Russian Federation. As a result, the violator will lose all rights to the vehicle that he has.

For actions committed by minor teenagers, parents bear responsibility in all respects.

How to behave if you are stopped for driving without a driver's license

Sometimes circumstances force drivers to break the law in emergency situations or due to the need to do something important at work.

In these cases, you still need to understand the degree of responsibility and the fact that at any moment they will be stopped for driving without a license.

The judges are absolutely indifferent to the circumstances for which you violated the law and you should not expect any relief from the punishment.

If a traffic police inspector stopped a car with a driver who did not have a license in his hands and was driving his car illegally, then when punished for driving without a license after deprivation, some unspoken rules will help to slightly mitigate the situation in which the offender finds himself:

do not conflict with representatives of the traffic police service, because everything you do will be recorded in the protocol, according to which the final decision is made in court;
during the evacuation of the car, try to find out which impound lot it will be transported to and agree with your loved ones to pick it up in a timely manner;
Be sure to undergo a medical examination and an alcohol test, even if you confidently claim that you cannot stand alcohol. Refusal to undergo an examination on your part will be perceived as an attempt to hide your condition (drunk) from law enforcement officers;
there is no need to offer a bribe to the inspector, because such a proposal refers to a crime, and even a criminal offense in our country;
as soon as the protocol is drawn up, you need to not only read it, but also take a copy;
find the opportunity to hire a lawyer who will definitely help you get out of this matter with minimal losses.

Very often, drivers do the wrong thing when they start a fight with traffic police inspectors, arrange an escape, damage property, or refuse to undergo a medical examination. These actions only worsen their situation.

Drivers are unlikely to be satisfied with the status of a passenger, so during the absence of a driver they can resort to any trick just to avoid being stopped by the inspector again: they become the most obedient drivers, follow the rules, keep the car clean, refuse tinting, drive only in the left lane, and the most uncompromising ones acquire a fake ID in the hope of outwitting the traffic police officers.

What happens if you’ve been deprived of your license, but you haven’t turned it in, and the deadline has already passed?

According to Russian legislation, motorists who retain their licenses using any tricks may face certain consequences.

If the license is not surrendered, but is not used, or the driver is not caught by traffic police inspectors, then there is no liability for this. According to 32.7 of the Administrative Code, information about the fact of deprivation and the date of transfer of the certificate is recorded in a single database. By not surrendering his license, the driver harms himself by delaying the start of the period of deprivation. At the same time, he retains the right to correct the situation at any time.

The time limit of 3 days is specified only because if it is observed, the report begins from the date of the court order. If the driver hands over the driving license, for example, 20 days after the sentence comes into force, then he will pick it up 20 days later. The traffic police department may ask you to write an explanatory note in free form, but do not oblige you.

If a motorist is caught with an invalid license, then liability will apply to the full extent of 12.7 of the Administrative Code, that is, the case will end in arrest. In this case, the sentence will be added.

The legal way to delay the surrender of your license is to appeal the court decision. While your appeal is pending, you retain the right to use your driver's license or temporary certificate.

The period of deprivation in this case will be counted from the moment of the last judicial conclusion, after the entry into force of which it is necessary to surrender the license within 3 days.

The period of deprivation has passed, but I haven’t taken my license, is it possible to drive?

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?

What's better, take the ID back or say it's lost?

After the deprivation decision is issued, the citizen must deposit with the traffic police station a document giving the right to drive the vehicle. It does not matter whether you submit a permanent document or a temporary certificate. The easiest thing in such a situation would be to hand over the driving license and wait for the expiration of the sentence.

If you say that you have lost your license, you will be asked to write an application for a certificate, which can be used as a temporary alternative. Lost rights will be canceled and you will still not be able to use them.

There is no practical benefit in filing an application for the loss of a driver's license while having it in hand. When registering an application, changes are made to the database and rights are canceled. An invalid license has no legal force and its presentation is equivalent to driving without a license.

In case of deprivation with an equal result, you can submit the original driver's license or a certificate of loss. But then you will have to order the production of a duplicate, while the valid rights deposited can be picked up and used immediately.

So, it’s better to submit the original driving license if you have one. But if you really have lost your license, report this to the traffic police department and fill out the appropriate application , preferably as soon as possible. There are no sanctions for this and you will simply be issued a temporary permit.

If the deprivation case is pending in court, you can use the certificate as a driver's license. After the publication of the court ruling, you just need to submit this certificate to the traffic police, which is equivalent to handing over the original license. After serving your term of imprisonment, you will be able to order the production of a duplicate by passing a repeat traffic rules exam.

Submitted documents such as VU are stored for 3 years, after which they are legally destroyed. If you do not pick them up on time, you will have to pay for the production of a duplicate, but there are no other sanctions. Before issuing them to you, the inspector will require you to provide the results of a re-examination of traffic rules, a medical certificate, a civil passport, an application for the transfer of a driver's license and to pay all fines.

The period of deprivation of rights has ended, is it possible to drive without

Responsibility for driving without a license after 2021 Any person, before getting behind the wheel, is required to undergo training at a driving school and pass exams on knowledge of traffic rules. These rules are not always applied by drivers in real life, after which they have to reap the benefits, that is, get a court order for deprivation and wait until the end of the term.

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