Exam after deprivation of the right to drive vehicles.

In 2021, the procedure for returning rights after deprivation depends on the article of punishment. Obtaining rights after deprivation is regulated by the Code of Administrative Offenses (Article 32.6, Part 4). It is most difficult to return a document if the reason for deprivation was alcohol, drugs or refusal to undergo a medical examination. It is permissible to initiate a return after the expiration of the sentence determined by the court.

Traffic police inspectors no longer have the right to independently confiscate rights . The driver surrenders them himself according to a court order. Until the final decision is made, the right to drive the vehicle is retained.

A detailed description of the procedure for obtaining rights after their deprivation

The classic return scheme looks like this (any sequence of actions is allowed):

1. filing an application with the traffic police (strictly at the place of deprivation);
2. passing a theoretical exam to test knowledge of traffic rules (everyone can pass it, regardless of the reason for deprivation);
3. payment of fines (even if the statute of limitations has expired);
4. obtaining rights.

Obtaining a license after being disqualified for drunkenness in 2021 is more difficult. Additionally, a medical certificate is required if the driver is punished under the following articles of the Code of Administrative Offenses:

• driving a vehicle while under the influence of drugs or alcohol (12.8 part 1);
• use of drugs or alcoholic beverages after an accident before the arrival of traffic police inspectors (12.27, part 3);
• refusal to undergo a medical examination (12.26 part 1).

The certificate is valid for one year after receipt. A medical examination with a visit to a therapist, ophthalmologist, ENT specialist, psychiatrist, neurologist and narcologist is allowed to take place in any city, and not just at the place of registration.

Early acquisition of a vehicle's driving license after being deprived of it for drunkenness

Administrative legislation does not provide for any way to reduce the term of an already imposed and current punishment in the form of taking away rights. In other words, if the court ruling has entered into legal force, the driver will not be able to redeem his license in any legal way after being deprived of it for drunkenness (by passing even the most difficult exams, confirming exemplary behavior, etc.).

However, it is not all bad if the sentencing process has not yet been completed. If there are facts confirming the illegal imputation of an offense (failure to prove the fact of alcohol intoxication, violations when registering a misdemeanor), the inconsistency of the accusation can be proven at the first instance court hearing. That is why experienced lawyers advise the person brought to justice not to ignore the summons and to follow the progress of the process - there are real examples that, due to violations committed by the inspector, the driver did not have to think about the procedure for returning the driver’s license after being deprived of it for drunkenness in the future. There is a so-called early return of rights.

If the decision to revoke the certificate in the first instance is nevertheless made, this is also no reason to despair. It is for such cases that a ten-day period for appeal is provided, during which the resolution is not yet in force. A qualified lawyer, if he has really compelling arguments, can reverse the case by asking for a review.

Let us repeat, however, that the described method of early obtaining a license after being deprived of it for drunkenness only applies if the law is violated by a traffic police inspector or another person conducting the process (for example, if in fact the driver was not drunk or was not driving the vehicle, but the inspector nevertheless started the process to deprive him of his certificate).

In all other cases, it is better for a careless driver to save his own nerves and calmly wait until half of the sentence expires - from this moment you can begin to prepare for the return of the treasured documentation.

Required documents for returning rights

The list of required documents is as follows:

1. statement;
2. passport;
3. confirmation of successful completion of the theoretical exam;
4. receipts for payment of fines (in case of difficulties in obtaining data from automated information systems);
5. a certificate of acceptance of a driver’s license for storage at the traffic police department or a court order with a corresponding note;
6. medical certificate in form 003 v/u.

Documents for passing the exam after deprivation.

1. Passport or other identification document. 2. A free-form application for the opportunity to take the exam.

To exclude statements from the examination unit of the State Traffic Inspectorate such as: “There is no mark in the computer that you have passed your driver’s license, so your period of deprivation has not yet begun. Accordingly, you cannot be allowed to take the exam,” it is recommended that when submitting a driver’s license to the traffic police, you ask to put the appropriate mark, for example, on a court order. And with this mark you can already come to the examination department of the State Traffic Inspectorate.

Sample application to the traffic police for the return of rights

The application form can be obtained from the traffic police department or downloaded from our website below.

statements

When filling out (manually or on a computer), you must provide the following information:

• name of the department of the State Traffic Inspectorate;
• personal information (full name, date and place of birth and other passport data);
• the essence of the appeal, indicating the number of the court order;
• list of documents (if attached);
• series and number of the seized driver's license;
• SNILS;
• phone number;
• Email.

What exams do you need to take after you lose your license?

To get your driver's license back after being revoked, you only need to pass a theoretical exam. There is no legal requirement for which set of tasks “A, B” or “C, D” to take the exam. Therefore, as a rule, traffic police officers give a set of tasks based on the highest category open on the driver’s license of the person taking the theoretical exam. So, if the examinee has a category “A” or “A, B” driver’s license, then he will take the “A, B” set, but if the examinee also has categories C” or “D” open on his driver’s license, then he will take a set of exam problems “C, D”.

Conditions for obtaining rights after deprivation

It is permissible to apply for the return of a driver’s license in the following cases:

1. A complete package of documents has been collected (depending on the article of the Code of Administrative Offenses, according to which the driver is deprived of his license).
2. All traffic fines have been paid (there should be no active debt in the database, including those with an expired statute of limitations).
3. The sentence set by the court has expired. The period is calculated from the date of entry into force of the court decision on deprivation. If within 3 days the driver’s license is not submitted to the traffic police or a statement of loss is not written, the countdown is suspended. And it resumes after the specified actions are completed.
4. Successfully passed a theoretical exam on knowledge of traffic rules.

When must the license be surrendered?

In this regard, the legislation stipulates two important points that everyone who finds themselves in such an unpleasant situation should know:

1. Deadline for transferring rights to the traffic police.
2. How is the period during which the prohibition to drive a vehicle is calculated?

Deadline

The law defines the deadline for submitting a driver’s license after a court decision as three working days after this decision has entered into legal force. This is stated in Part 1.1. Art. 32.7 Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ (as amended on April 3, 2017). And for drivers who fit within these limits, there is even a small “carrot”.

The entry into force of the court decision in this case will become, in accordance with Part 1 of Art. 32.7 of the Code of Administrative Offenses of the Russian Federation, the starting point of the period for which the driver was deprived of his license.

For example, the court decision to deprive the driver of his license for three months came into force on June 1, and on June 3 the driver handed over his license to the traffic police. This means that he will be able to get his license back on September 1st, not the 3rd.

But in all other cases, this period will be counted from the date on which the offender actually handed over his driver’s license to the traffic police.

As long as the driver’s license remains in his hands, the law regards it as evasion from execution of the punishment, and during this time the period for calculating the latter is interrupted (Part 2 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation.

Let's return to the same example - on June 1, the decision to deprive a driver of a driver's license for three months came into force. And he handed over his certificate on June 5. This means that he will receive it back no earlier than September 5th.

So, when deciding how long it takes to surrender your license after deprivation, it will be useful to keep this nuance in mind.

A special case is when the court decision came into force during the period of validity of a similar punishment imposed on the same offender earlier. For example, a person was caught twice in a short period of time for violations, and a separate trial was held for each incident. The period of punishment imposed later will start counting from the moment the previous sanction expires (Part 3 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation).

Let's look at an example again. Let’s say a driver was caught driving drunk twice in January. And in March, separate trials were held for each incident, and both determined the period of deprivation of rights to be three months. This means that such a drunk driving enthusiast will have to walk for six months.

At the same time, it is no less important to understand: for some time, even after the trial, the driver can still drive the car.

Until the court's decision to deprive the violator of his rights has entered into force, he can drive without restrictions. Let's consider how long this period can last. The traffic police inspector has three days to submit the protocol to the magistrate. The judge, in turn, needs time to understand all the circumstances of the case. How long he will do this depends on each case individually. In general, practice shows that this takes up to three months.

But after the judge makes a decision, the violator who has received his punishment is faced with the question of how many days he can drive after the court’s decision to deprive him of his license in 2021.

The law allows ten days to appeal a court verdict in a higher court. Whether to use this right is up to each individual to decide. But if a driver sentenced to deprivation of his license decides to try to defend his case, the countdown of the period in which he must surrender his license begins from the moment the decision of the higher court comes into force. Until this happens, the driver can drive, and from the point of view of the law there will be nothing to complain about.

What happens if you don’t submit your certificate on time?

Forcible confiscation of a certificate, even when the court decision is already in force, is not provided for by law, as previously noted. And this creates a temptation for many drivers to simply ignore the ban. In this case, it would not be superfluous to recall that in practice it is not always possible to hide the fact of deprivation of rights.

One should not delude oneself in a situation where the period of deprivation has ended, but the rights are in hand. Part 2 of Art. has already been mentioned above. 32.7 of the Code of Administrative Offenses of the Russian Federation: according to it, the date for counting this very period is the day of the actual surrender of the license to the traffic police. Let’s say the court deprived the violator of his rights for three months. This means that they should be stored in the traffic police for exactly that long.

Theoretical exam before reinstatement

Passing a theoretical exam on traffic rules is allowed only at the place of deprivation. It is impossible to sign up for the exam through the State Services portal. On the service you can only submit an application for the return of rights after deprivation. To sign up for the exam, you need to visit the traffic police department where your license is stored with your passport and pick up a coupon at a special terminal. After filling out the application form, the employee will accept it and inform you of the date and time of the retake. You are not required to present receipts for payment of fines or a medical certificate. If an employee of the State Traffic Inspectorate demands these documents, then this is illegal.

The retake process is no different from the test that drivers take when obtaining a driver's license for the first time. Surrender is permitted after half the period of deprivation has expired. The number of retakes is not limited. After the first failure, a second attempt is allowed after 7 days, after the second - after 2 weeks, after the third - after a month.

Questions are asked exclusively within open categories. 2 errors are allowed. For each question there are 5 additional questions, you can no longer make mistakes. Based on the test results, an examination card is issued.

Retaking the theoretical exam and returning a seized driver's license is not subject to state duty. But if during the deprivation the license has expired, you will have to get new ones with payment of the state fee for issuance (2000 or 3000 depending on the selected sample). When paying through State Services until the end of 2020, there is a 30% discount.

Return of rights after the expiration of the sentence

You can return your license at the end of your sentence at the same traffic police department where you handed it over. But there are also situations when this is not possible. For example, while the punishment was in force, the punished car owner moved to another region. This problem has a solution.

An application for issuing a license indicating a request to send them from the storage location to where it will be convenient for the driver to receive them; in this case, it must be written thirty days before their planned return.

If the rights are received not strictly on the day when the period of deprivation expires, but a little later, it’s okay. There is no punishment for this by law. However, the maximum storage period for a driver's license in the traffic police is three years. And if before the expiration of this period the owner did not bother to pick up his document, it will be destroyed.

Before getting the license back, the violator will have to retake the theoretical exam. However, everything will be limited to them; there is no need to re-test it on the racetrack or in the city.

Read more about what concerns.

Is it possible to return the rights early?

Russian legislation clearly answers this question: it is impossible to return rights early after deprivation. The return of the driver's license will be carried out only after successfully retaking the theoretical exam (possibly ahead of schedule) and the end of the full period for which the decision on deprivation was made.

Already on the day of expiration, you can return your rights by presenting an identification document at the traffic police department, as well as a medical certificate (if required).

Do I need to retake the traffic rules exam after being disqualified?

Yes. This condition is mandatory for all deprived persons, regardless of the specific article under which this penalty was imposed. Even if the period of deprivation is short (at least 1 month), the traffic rules will have to be retaken. According to Part 4.1 of Article 32.6 of the Code of Administrative Offenses (quote below), retaking the traffic rules theory is mandatory for all disqualified persons, in contrast, for example, to obtaining a medical certificate, which is required only under the article for “drunkenness” and 2 more articles (12.8, 12.26, 12.27 of the Administrative Code, respectively ).

Thus, it is necessary for all deprived persons, without exception, to pass the traffic rules exam after deprivation of their rights, regardless of the article of the code. And you only need to retake the theory of the traffic rules exam - those disqualified do not need to take the motordrome and “city” exams.

Also, all drivers without exception will need to pay all traffic fines (see the loophole when you don’t have to pay).

4.1. After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after payment in the prescribed manner of administrative fines imposed on him for administrative offenses in the field of road traffic, and for the commission of administrative offenses provided for in Part 1 of Article 12.8, Part 1 of Article 12.26 and Part 3 of Article 12.27 of this Code, also a medical examination of this person for the presence of medical contraindications to driving.