Is there a deprivation of rights for any 3 violations?

Perhaps we will not deceive you if we write that today almost all drivers have fines - and paid fines are also fines. And many have at least three fines. Starting from 2016, such drivers will face possible deprivation of their license for 3 violations (fine) or more. The law has not yet been adopted as of today, May 29, 2021, but with a high degree of probability it will come into force. At the moment, the law has passed its first reading in the State Duma of the Russian Federation.

What kind of law is this that introduces deprivation of rights for 3 violations in a row? The law is called “Draft Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses regarding the introduction of differentiated punishment for systematic violation of traffic rules and operation of a vehicle.”

Thus, the law proposes to introduce a new article into the Administrative Code - 12.38 (there are currently 37 articles), which will describe the procedure for deprivation of rights for a period of 1 to 1.5 years for 3 fines. There are two important points to note here:

deprivation of rights is provided only for three similar violations (fine) of traffic rules;
Not all traffic violations fall into the “trinity” for deprivation.

There is another very important nuance, and we will write about it at the end of the article..

What's happened?

Not long ago, the media was flooded with information about the introduction of a new law - deprivation of rights for a period of 1 year for 3 repeated fines. The source of information everywhere is the leadership of the State Traffic Safety Inspectorate, which allegedly proposes to supplement Chapter 12 of the Code of Administrative Offenses, which is responsible for penalties in traffic, with a new article - 12.38, which will provide for deprivation for 3 systematic violations of traffic rules.

But this is not a points scheme for deprivation of rights, namely for 3 repeated fines.

Is it true?

Yes. But only partly. This bill, indeed, was developed and submitted for discussion to the State Duma... But back in the relatively distant year 2021.

On May 30, 2021, the corresponding text of the bill on amendments to the Code of Administrative Offenses with fines was developed. This is the plan of law No. 3639p-P9. And he survived the stage of the first reading. But that's where it stopped. As of today, May 22, 2021, the new law on deprivation of rights for 3 violations has not yet entered into force. That is, the draft Federal Law is not yet in effect today and is awaiting a second reading, but rights will not be deprived for three repeated violations.

Lawyer called deprivation of rights for three traffic violations excessive

January 11, 2021, 15:01 - Public news service - OSN The Ministry of Justice is already preparing the next toughening of penalties for drivers who violate traffic rules. An increase in the fine for speeding from 500 rubles to 3,000 rubles will not appear in the new edition of the Administrative Code. But those who systematically commit serious violations need to prepare.

It is planned to introduce a “three violations” rule. If within a year a person is caught three times committing any of the gross violations, then he may be deprived of his rights for up to one and a half years. The most obvious mistakes fall into this category: exceeding the speed limit by more than 60 km/h, driving into the oncoming lane, driving through a red light.

This scheme will not take into account violations recorded by CCTV cameras. But, nevertheless, the Public News Service decided to turn to an expert for comment. We asked to explain: how necessary is such a measure? Will such an “accumulation system” increase safety on the road?

This is what lawyer and auto lawyer, expert of the Coordination Council of Non-Profit Organizations of Russia Sergei Radko .

Sergey Radko. Photo: IA OSN

“To be honest, this measure seems rather strange to me,” said Sergei.

Our interlocutor explained what puzzled him:

“Already now, for repeated violation of traffic rules there is a punishment in the form of deprivation. For example, for repeatedly running a red light, there is an option: a fine or imprisonment. And for driving into the oncoming lane, according to the current code, you can lose your license for the first time. And for speeding by more than 60 km/h, there is also not only a fine, but also deprivation of rights.”

For driving into oncoming traffic, according to the current code, you can lose your license for the first time

As the car lawyer explained, it is not clear: what is the tightening here and why was it needed?

“This norm, in fact, is even some version of liberalization. Because, as I already said: even now for many gross violations you can even get a punishment in the form of deprivation of rights the first time,” the expert emphasized.

Confused driver. Photo: Bodycamp.ru

The lawyer added that it seems as if the Ministry of Justice has completely confused itself and confused everyone:

“Why deprive for the third trip into oncoming traffic, if you can deprive for the first? So for now there seems to be some kind of confusion and why it is needed is unclear.”

Let us remind you that a driver may find himself driving without a license not only because he was deprived of it. Rights must be renewed. And if the driver forgets to do this, then he will be equated with those who drive through a red light and enter the oncoming lane.

When will it take effect?

This is not yet known. Federal laws, according to general rules, undergo 3 readings, between which quite a long time can pass. As in the case above, it took 2 years between the first and second reading.

The second reading of the amendment to the Code of Administrative Offenses regarding deprivation for 3 fines based on unconfirmed information from the same media is planned for the spring of 2018, and then it will either be accepted, rejected, or sent for revision.

And only after the third reading, the new law will first have to be published in the official government media and only then will it come into force after the designated time has passed (usually from 10 days to several months). That is, even if the law on deprivation for 3 violations is adopted, it will come into force no earlier than the summer of 2018.

How can you prove it?

The very fact of the non-entry into force of the draft Federal Law can be proven quite easily. Try searching on one of the official government portals for the official publication of the Federal Law:

Russian Government Portal website,
Russian newspaper.

And you will not find it among the published ones, because it is at the consideration stage.

In addition, the well-known website “Consultant Plus” provides up-to-date information. Thus, among the editions of the Administrative Code there is one that is awaiting entry into force, but neither in it nor in the current edition you will find information about the deprivation of rights for 3 systematic violations of traffic rules.

What is the new law of 2018?

As we noted above, the draft introduces a new article 12.38 (currently there are 37 articles in Chapter 12 of the Administrative Code). The new law in its current variation provides for deprivation of rights for 1-1.5 years for 3 or more fines for the same violation - that is, if the driver violates traffic rules and is punished for any of the violations 3 or more times.

At the same time, fines issued by automatic recording cameras will not be considered. And if the driver is already deprived of his license at the time he is subject to deprivation, then instead of the latter, a fine of 10 to 30 thousand rubles will be imposed.

Please note that the deprivation will not be for the 4th traffic violation, but precisely as a result of 3 violations.

The official wording of the draft Federal Law:

Violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in parts 3 - 7 of Article 12.9, parts 1 and 3 of Article 12.10, parts 1 and 3 of Article 12.12, part 2 of Article 12.13, parts 2 and 3 of Article 12.14, parts 4 and 5 of Article 12.15, Part 2 of Article 12.16, Article 12.18 of this Code, by a person who has been subjected to administrative punishment three or more times for committing the specified administrative offenses, with the exception of cases of recording administrative offenses by special technical means operating automatically and having photo and film functions. , video recording, or by means of photography, filming, video recording, entails deprivation of the right to drive vehicles for a period of one to one and a half years or the imposition of an administrative fine on persons who do not have the right to drive vehicles in the amount of ten thousand to thirty thousand rubles.

What violations are included in the list?

So, you will have to be deprived of your right to drive for the following violations of the Rules:

speeding by 40 km/h or more (including repeated – parts 3 to 7 of Article 12.9 of the Administrative Code),
violation of passage through railway tracks (parts 1 and 3 of Article 12.10),
driving through a red (yellow) traffic light (parts 1 and 3 of Article 12.12),
if you do not give way (part 2 of article 12.13 and part 3 of article 12.14),
prohibited turning and reversing (part 2 of article 12.14),
prohibited entry into oncoming traffic (parts 4 and 5 of Article 12.15),
prohibited left turn or U-turn (Part 2 of Article 12.16)
failure to give way to a pedestrian (Article 12.18).

Same violation or different?

From the wording of the new law in its current form it follows that the driver may be subject to imprisonment for any 3 violations of the above. But, probably, this is a flaw in the law, and by the time it comes into force this point will be finalized, since the idea was initially about 3 identical punishments.

For example, if the first time you were caught for not allowing a pedestrian to pass, the second time for speeding, and the third time for running a red light, then if the law remains unchanged, after the red light you may be deprived of your license. But if the second violation - speeding - was recorded on an auto-recording camera, then there will be no more deprivation, since fines from cameras do not fall under deprivation of traffic violations.

Something else useful for you:

What are the fines for driving without paying on a toll road? New law on non-payment of toll sections
New traffic police fines and traffic rules changes from December - is this true or not?
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How much time should pass between violations?

Between each of the three attractions, 1 year must pass after the full payment of the fine or the end of the period of deprivation of rights. This follows from the term “subject to punishment” in the wording of the law above.

According to Article 4.6 of the Code of Administrative Offenses, a person is considered punished during the specified above-mentioned calculation period. In common parlance this is called “repetition” of the violation. You can find more details in a special article on repetition periods with examples.

After what violations will rights be deprived?

Currently, the State Duma has approved the deprivation of rights for a period of one to one and a half years. This bill on deprivation of rights has been prepared and is in force in 2021.

And it involves introducing a new article 12.38 into the Code of Administrative Offenses, about 3 violations that were systematically repeated.

But there are some subtleties and nuances here:

the driver faces deprivation of his license for three traffic violations that were of the same type and repeated over a certain period of time;
Not for any violations can a motorist “claim” to have his or her driver’s license revoked for the third time.

There is a specific list that provides for deprivation of rights for three violations:

significant speeding;
incorrect crossing of a railway crossing: in an unequipped place, or on a prohibitory sign;
driving at a prohibiting traffic light signal;
when violating traffic rules at intersections, as well as driving in reverse in places where this is prohibited by law;
when driving in the oncoming lane;
if while driving you do not give way to a pedestrian or other road users who have the right of way;
driving illegally on one-way streets.

When the bill was still under consideration, the number of violations that resulted in imprisonment was large. But then, it was decided to reduce them somewhat.

In practice, it will look like this:

if a motorist violated traffic rules and drove through a red traffic light, which is a signal prohibiting movement, received a fine from the inspector for this;
then, after some time, he drove into oncoming traffic, therefore, violated;
and the next fine was speeding by more than 40 km.

then his case will be sent to court. And then a decision on deprivation will be made.

Another important factor here is that the violating citizen will be punished by imprisonment if the offense is recorded by a traffic inspector. That is, a traffic police officer will stop the violating vehicle, require a driving license, draw up a report and issue a receipt for payment. In the case of video or photographic recording, there is no fine for additional violations in the form of deprivation of rights.

If a driver, who has already been deprived of his rights to drive a vehicle, violates traffic rules again, he will face fines ranging from 10 to 30 thousand rubles.

How will it work in practice?

In fact, no one will automatically deprive you of your rights. And most likely, not every such driver will be subject to deprivation, as it works in 2021 with Article 20.25 for late payment of a fine.

As an example, a traffic police inspector stops a driver on the road and, when checking against the fines database, establishes that this driver was repeatedly subjected to the above punishments 3 times (and traffic police officers also see paid fines). Afterwards, he draws up a protocol, thereby initiating a case under the discussed article 12.38 and transfers the case to the court (only judges consider cases of deprivation of rights).

That is, deprivation for 3 violations will occur precisely after the fact of the third fine, and only if you are stopped on the road by inspectors. It is unlikely that the case will be initiated within the traffic police simply based on the list of such drivers.

Scheme of deprivation of rights for any 3 violations

Lawmakers have not yet decided whether a mandatory coupon will be added to the driver's license, or whether the system will work according to a different scheme. But there is no doubt that the calculation of the offenses indicated in the list for the year will be carried out at the state level. If you decide not to introduce a coupon system, the scheme for detecting systematic violators will be organized as follows.

When checking on the road and discovering the driver’s guilt, the traffic police inspector draws up a protocol and checks for the presence of other administrative penalties in the database. If the protocol was the third one for the reporting period, then an additional act is drawn up and sent for consideration to the traffic police commission. If there are no controversial issues within three days, the completed act will be sent to the magistrate’s court to issue a ruling on the deprivation of a driver’s license for the three specified violations.

The car owner will have the opportunity to file his claims 10 days in advance, pointing out any mistakes or inaccuracies made when drawing up the protocol. An appeal is filed before the court decision comes into force; if the appeal is rejected, the court issues a decree depriving the driver of a driver’s license and the right to drive a vehicle for a year from the date of the last violation of the rules. You can appeal the decision that has entered into force through the cassation procedure, also within 10 days.

If the results are negative, the driver is required to submit his license to the traffic police. You will be able to get your license in a year, but you will have to pass a theoretical driving test and pay all existing fines and penalties. According to the presented draft, if a person did not have the right to drive a car, then he would be subject to an administrative fine in the amount of 10 thousand rubles.