Retaking traffic rules after deprivation of rights - procedure and cost
Since the end of 2013, the rules regarding motorists who have been deprived of their driving license have become significantly stricter.
For such citizens, a rule was introduced according to which persistent violators are obliged to retake the traffic rules after deprivation of their license, otherwise it will not be possible to return the driver’s license.
Retaking your license after deprivation
Deprivation of a driver's license occurs as a result of the driver's violation of those points of the traffic rules for which the law establishes a similar measure of liability (for example, driving while intoxicated or if the driver fled the scene of an accident).
After the traffic police officers record a committed administrative offense, a case is opened on it, sent to the court for consideration, after which, according to the rendered and court decision (we are talking about what has come into force), the driver is obliged to give his license to the department within three days The traffic police department, where his case was initially opened. Rights are taken away for the entire period of deprivation of rights.
But if the violator intends to file a complaint against the court’s decision to the next instance, the obligation to hand over the “crusts” will begin after the new act of the higher court becomes official.
The period for appeal is ten days.
According to the general rule, relevant since 2013, in order to return his license, a motorist must retake the appropriate exam.
Do I need to take a traffic police exam after losing my license?
There is one exception to this general rule about mandatory testing.
It is that if the punishment in question was applied to the driver before January 1, 2013, then there is no need to pass the exam.
This is due to the fact that in Russia the law does not have retroactive force when it worsens the situation of the citizen to whom it applies.
Therefore, if a motorist’s license was taken away earlier than the designated date, but they are required to take an exam to get it back, you must immediately seek help from a car lawyer. A specialist in similar issues will help you draw up a legally competent application to the traffic police with a request to cancel the exam again.
When is it due?
Before you go to pass the exam, you need to calculate the day when the punishment expires.
To do this, you should be guided by the court decision, which should indicate the date of its entry into force.
To this number must be added the period for which the citizen was deprived of his rights.
The motorist will have the right to return his driver's certificates starting from the next day after the end of the sentence.
However, in light of the latest innovations in this matter, the driver can take the theoretical part of the exam after the period of deprivation has been half completed. However, you shouldn’t even hope to return your rights ahead of schedule. Allowed only to pass the test, and the selected document will be returned to the citizen after completion of the sentence.
The first question that arises from the moment the time has come to receive the selected documents is: where to go for them? The answer is quite logical: to the same traffic police department where the driver gave his driver’s license.
You will need to have the following documents with you:
- passport;
- medical certificate;
- court decision (its copy);
- a document confirming the fact of transfer of rights.
Despite the abolition of the requirement to present a medical certificate, in practice, departments always require it to be presented. Basically, it is absolutely necessary when the driver’s license has been taken away due to driving under the influence of alcohol, etc.
How to retake your license after deprivation?
When retaking the exam, it is better to follow the correct algorithm of actions and know the following.
- Pay the state fee for passing the theory. In addition, if you fail to pass the test the first time, the state fee will not be refunded, but you will have to pay a similar amount again.
- You can re-attempt the test 7 days from the previous day. You can try to pass as many times as you like.
- The theory exam is conducted in the form of testing. The examinee will need to answer 20 questions in 20 minutes. To successfully pass this test, you can make no more than 2 mistakes.
- After successfully passing the theory, the citizen will be issued an examination card, on the basis of which he will be able to go for his rights.
Before going to the traffic police for a retake, it is recommended not to forget and pay off all fines recorded for the driver for violating traffic rules. Otherwise, it will not be possible to return the rights.
Those penalties that were imposed more than 2 years ago are written off and do not have to be paid, provided that the offender does not hide from punishment.
What to do if your license is revoked in another city?
The situation often arises that the traffic violation protocol was not drawn up in the city where the driver was officially registered.
And this leads to the fact that both the court proceedings and the transfer of the document will also be in another city, which creates difficulties for the violator. What would be the best way to proceed here?
It is recommended to choose one of two options.
- Arrive in the city where you surrendered your license, take a theory test at the traffic police department where the documents are stored, and receive a driver’s license.
- Contact the traffic police department where you have your registration so that the employees can request documents for the city where the proceedings took place.
In the latter case, the theory retake will also take place in your department and the “corks” can be obtained without leaving anywhere.
Please note: However, requesting documents will take some time. It is advisable to evaluate both options for yourself in order to understand which way you can regain your rights faster and easier.
Is it possible to return the rights early?
There is no way to return your ID early.
There is no such direct permission in any law, so no methods for early acquisition of rights will work.
Therefore, it is better not to break the law, but to wait for your time to pass the theory test and get your “crusts” back, as required by the rules.
It is also better to avoid people offering services to return rights ahead of schedule. These actions will be illegal in any case, and the rights will be fake. There is criminal liability for this.
If suddenly the driver did not manage to return his license within the period of storage of such documents by the traffic police, which is three years, he has no choice but to obtain a new license.
Price
Many people are interested in how much it costs to retake a license. The violator must also remember that when returning rights he will have to spend a certain amount of money.
Where will the money be needed?
- When paying the state fee for passing the theory in the amount of 4,500 rubles.
- If there is a need to undergo a medical examination, this procedure will also require payment. The cost is different everywhere, it all depends on the medical institution where it will be carried out.
Getting your driver's license back after such a long break is a joyful event for any motorist.
Therefore, it is better to take your time, collect all the documents and perform all actions within the framework of the law in order to be guaranteed to once again become the owner of the “crusts” that are so necessary for driving.
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Source: https://lawyer-road.ru/voditelskoe-udostoverenie/lishenie/peresdacha-pdd-posle-lisheniya-prav.html
How to retake a driver's license after deprivation in 2018
For violation of a number of traffic rules, drivers are punished in the form of deprivation of a driver's license (VL). If legal attempts to preserve the document are unsuccessful, and you also fail to protect your interests in court, you will have to surrender the document.
To get behind the wheel again, it is not enough just to wait for the expiration of the period specified in the resolution. The driver will also have to pass the traffic rules to prove that he has not lost his theoretical knowledge.
In addition, you need to find out what other stages include retaking your license after deprivation in 2018.
How does deprivation of rights occur?
Driving a car requires vigilance. And even in this case, the occurrence of situations that end in deprivation of rights cannot be ruled out.
Rosstat reports that more than 1.5 million motorists find themselves in this situation every year. Some have recently lost their rights, others are already preparing to get them back.
In any case, you should know from what year you need to retake your license after deprivation - this rule has been in effect since November 2014.
However, instead of patiently waiting for the restrictions to expire, you need to take a number of simple steps.
Although changes in legislation have been in effect for 2.5 years, some drivers are still not aware of these innovations. They are trying to return the driving license according to the abolished scheme, since they do not take into account the year in which the law on retaking the license after deprivation was issued.
According to the new rules, a traffic police officer should not confiscate a license on the road - such a decision is made by the court. Since the countdown of the restriction time begins from the date the driver hands over his license, there is no point in postponing this event.
The new regulations also explain in what cases it is necessary to retest your license after deprivation.
Is it necessary to take a traffic knowledge exam?
Since machinery in general and vehicles in particular are a potential source of danger to people, there are mandatory requirements for road users. One of them is excellent knowledge of traffic rules.
A serious violation may indicate that the motorist has forgotten the theory or even got behind the wheel illegally. In any case, his participation in the movement will sooner or later cause harm to himself or third parties.
Given the seriousness of the situation, authorities regularly tighten requirements for drivers who want to get back behind the wheel. In the Decree of the Government of the Russian Federation of 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” clearly states whether it is necessary to retake the license after deprivation in 2018: according to this legal act, a driver who has broken the law and is deprived of his driving license for this will have to retake the traffic rules.
Although the corresponding amendment was made to the Code of Administrative Offenses back in the fall of 2013, this provision was only implemented a year later.
This is exactly how long it took the government to regulate the rules for testing theoretical knowledge.
It turns out that those who are asking the question “if I was deprived of all categories of rights in 2018, should I retake it” will have to refresh their memory of the learning process at a driving school.
At the same time, we must not forget that in recent years the traffic rules have been supplemented with a number of innovations. Therefore, rather than relying on years of driving experience, as your test date approaches, you should pay serious attention to pre-test preparation.
If you are deprived of your license for alcohol intoxication
In Russia, driving while intoxicated is a common problem, so traffic police officers organize raids to identify drunk drivers.
For example, in one of the regions, in just 4 months of this year, 1,254 people were detained for driving while drunk.
Drivers from this, as well as from other regions of the Russian Federation, will have to figure out whether a retake is needed after deprivation of their license for drunkenness in 2018.
As reported on the traffic police website, 164 of them have already been deprived of their driving license for the same violation, but nevertheless they have not learned anything. Therefore, this time they should prepare for a more severe punishment.
Violators will face not only a huge fine (up to 300,000 rubles) and further restrictions on driving, but also criminal liability.
And of course, they will not be able to avoid retaking the theory if their license is revoked for alcohol intoxication if they decide to restore their license in 2018.
Another mandatory condition that has been included in the list of amendments to the Code of Administrative Offenses since September 2013 is the presence of a medical certificate.
If a driver whose license has been revoked for drunk driving decides to apply for the test, he will not even be allowed to take the test without a certificate.
Important: retaking your license after being disqualified for drunkenness is only possible if you have a medical certificate issued on a special form (as when submitting documents for the initial acquisition of a driving license).
Having received a medical report, the driver can write an application to the MREO with a request to return the license. After reviewing his application and specifying the expiration date of the sanctions, the traffic police officer will inform you on what date and time it is planned to pass the license after being deprived of it for drunkenness.
In addition, according to current rules, only those motorists who have paid off all debts on fines from the State Traffic Inspectorate will be able to get their driving license back. You can verify their absence using a special verification service on the traffic police website or through the State Services portal.
As you can see, the basic requirements are not that complicated. All that remains is to research the algorithm of how to retake your license after being disqualified for drunkenness, and also find out when and where you need to submit documents to take the exam and how much it will cost.
Deadlines for passing the exam and returning your license
It is advisable to declare your desire to restore your driver’s license no later than 30 days before the end of the restrictions. To do this, the applicant needs to independently decide on the date, since traffic police officers do not deal with this. It’s easy to calculate in advance when you can retake your license after being deprived of it for drunkenness:
- Specify the date of delivery of a copy of the court order.
- Add to it 10 days, which are allotted for appealing the decision.
- Add the term of punishment specified in the resolution.
These simple calculations will help you determine the date when your license will be returned if you pass the exam. If desired, you can be tested earlier, after half the sentence has passed. However, the driver's license will be returned only after the expiration of the deprivation period.
According to the legislation of the Russian Federation, the return of the certificate is made within one day. This does not mean that the applicant must pick up the certificate on the same day - he is given three whole years to do this. After this period, the unclaimed document will be removed from the archive and destroyed.
A sufficient level of knowledge of the theory is confirmed by a certificate from the examination department. After waiting for the expiration of the period of deprivation, the driver can go to the traffic police department, where his document is stored, and pick up his license. If during this time he moved to another city, you can write an application with a request to send the certificate to the place of new registration.
How much does the exam cost?
It is important to clarify the financial aspect of the issue. Due to the fact that almost all government services are provided upon payment of a fee, drivers are wondering how much it costs to retest their license after being revoked.
As a study of numerous Internet resources shows, it is not easy to find a definite answer. You can find different numbers online: from 1,000 to 4,500 rubles. However, the issue of paying for exams in the traffic police is only at the stage of draft amendments to the Tax Code of the Russian Federation. Moreover, the prices will affect only driver candidates and motorists opening a new category.
Currently, only the fee for issuing the certificate is paid. But since in case of deprivation there is no need to produce a new document, the testing service is not paid for. The exam, as well as a possible retake, is free of charge.
Where and how the exam takes place
To begin the procedure for restoring your driver's license, you need to know where to apply and where you can retake your license after deprivation. The retake of the traffic rules is carried out in any traffic police department that is equipped with an examination room. The applicant can choose a department located near his home or near his place of work.
For the convenience of applicants and to “unload” departments, it is possible to submit applications in electronic form on the State Traffic Safety Inspectorate website in the “Acceptance of Applications” section.
Apart from a few differences, the testing process is similar to the first exam. First of all, you don't need to take a driving test. Secondly, the tickets do not contain questions on the following areas of knowledge:
- medical topics;
- driving psychology;
- vehicle operation;
- basics of the Code of Administrative Offences.
The regulations do not stipulate the maximum number of attempts, but each subsequent attempt is made no earlier than after 7 days.
Package of documents
If we talk about what documents are needed to retake the license after deprivation, then in addition to the application you should provide:
- applicant's passport;
- a copy of the court order;
- a valid medical certificate with comments from a narcologist and psychiatrist.
To pick up your license at the traffic police, you need to come with a similar package of documents, attaching a certificate of satisfactory test result.
Read detailed recommendations for collecting documents to obtain a driver's license.
Is early return of rights allowed?
People's representatives have already considered a bill that would allow drivers to hope for an early return of their driver's license. In particular, relief could affect those who have confirmed their repentance by exemplary behavior.
Although the draft has not yet been adopted, it is known that those who have lost their right to drive a vehicle for violating Articles 12.8, 12.26, 12.27 Part 3 of the Code of Administrative Offenses of the Russian Federation will not be able to count on leniency.
There will be no concessions for drivers who commit a repeated violation.
Despite the fact that it is impossible to shorten the period of imprisonment, no one prohibits taking exams ahead of schedule.
If the driver is firmly convinced that he is right and has evidence of this, he can initiate a lawsuit to refute the charges. However, in this case it is difficult to do without the help of a lawyer.
Find out more about how to return your license early after deprivation.
If legal attempts to return the driver's license have failed, it is strictly not recommended to resort to the intermediation of companies providing services for the “restoration” of rights. Cooperation with them will not only result in a loss of money, but will also bring the motorist into trouble with the law.
How to avoid deprivation of rights. Signs of drunk driving. Responsibility: Video
Source: http://100migrantov.ru/dokumenty/prava/peresdacha-prav-posle-lisheniia.html
Is it necessary to retake exams after deprivation of a driver's license (for example, for drunkenness)?
Among all drivers deprived of their license, the majority are for drunkenness. But it is not always easy to return the rights taken away for this reason. According to the innovations of 2013, the return of rights is possible only after passing the traffic regulations and 15 days before the end of the appointed period for deprivation of rights.
What to do if you have been deprived of your license for drunkenness?
What should I do to get my rights back? Come to the traffic police to retake your license after being disqualified for drunkenness , write a statement, pass the theory. If you fail, retake the exam after 7 days.
You can take it an unlimited number of times. Only after passing the exam will you need to obtain a medical certificate, then return to the traffic police with your passport and exam document to pick up your license.
If you are deprived of your license due to drunkenness or refuse a medical examination, a medical certificate must be purchased in advance, 1 month before the end of the period for deprivation established by the court.
Do I need to take a theoretical exam after deprivation?
Knowledge of the theory is mandatory when obtaining a license, regardless of whether you get it for the first time or again, although until 2013 the traffic police did not require this.
This is the norm, but the driver has the right to refuse to take the exam again by writing a written statement and going to court. Of course, situations are different.
The legal process can drag on and in most cases the decision is not in favor of the plaintiff.
The condition of the traffic police is mandatory, especially since traffic rules are constantly being supplemented and updated, you need to know the new standards, otherwise it threatens with fines and another deprivation of your license. You should not contradict employees after revocation of rights. If the truth is not on your side, it is better to obey; there is a law on retaking rights after deprivation .
There is one more mandatory condition since 2015 - when retaking the theory, the driver must not have any debts to the traffic police. Only by extinguishing all existing “tails” can you count on issuing a new document.
Find out also: how to check fines by driver's license number?
When and how can you get your rights back after deprivation?
You can return rights confiscated by court decision only by waiting for the expiration of the sentence, paying outstanding fines and collecting all the necessary documents.
If you do not agree with the court's decision, you can appeal it within 10 days by contacting higher authorities.
Since the reason for the seizure of rights in court is not always correctly interpreted by traffic police officers, contact an experienced lawyer for advice; the truth must prevail; the verdict of the officers is often unfair.
If documents are seized for the first time and the court decision is not made in your favor, contact the traffic police again 3 days after the seizure, providing your identification. It is quite possible that the employees will consider the violation to be insignificant and will return your rights. Based on Article 32.7 of the Code of Administrative Offenses of the Russian Federation, Part 1.1, you have the right to do this, to legally declare your rights.
You can also request the issuance of a temporary permit; the chances will be greater if the reason for the seizure is not so compelling as to bring the matter to court. This way you can avoid litigation, although it all depends entirely on the employees and their personal disposition towards you.
Only after fulfilling all of the above obligations can you apply for the return of your license to the traffic police department at your place of registration, in fact, where your old license is located.
But recently, it has become necessary for violators to pass traffic rules, as well as theory. Practice is not mandatory.
If you make the maximum number of mistakes when taking the theory test, you can retake it in 7 days, and during this time you can prepare more thoroughly, eliminate gaps in knowledge, and brush up on unfamiliar questions.
After passing the theory, you can immediately submit the necessary documents to the traffic police.
The seized certificate can be issued immediately on that day. To obtain your license again you must present the following documents:
- original passport;
- a valid medical certificate;
- court order (copy), which do not forget to take from the court after the end of the process;
- Documented confirmation and permission to retake the exams.
According to the law, it is not at all necessary to undergo a medical examination to obtain a document after deprivation, so the procedure for collecting papers has been simplified. There is no point in conflicting with traffic police officers; if they demand it, it is better to go to the medical examination again without any complaints.
If you are deprived of your rights in another city and the protocol was drawn up there, then you will need to submit the documents there. What can a driver do?
1. Personally come to the place, contact the traffic police, which confiscated your license, pass a theoretical exam, and then pick up your license.
2. You can go another way. Contact the traffic police at your place of residence and ask to make a request to the specified city. In this case, you will have to wait for a response to the request and pass the theory, and then pick up your license at your department at the place of registration.
How to return your driver's license early?
Unfortunately, it is impossible to return the rights before the court's decision. According to Article 327 of the Criminal Code of the Russian Federation, Part 1, such practice is illegal and criminally punishable. It is not permissible to break the law, so it is better to wait for the established period of withdrawal, and then begin to return your rights.
By planning to return the document ahead of schedule using various kinds of tricks, you risk getting into even more trouble, incurring severe punishment, and losing your driver’s license forever. It’s easy to lose your ID, but difficult to get it back.
Therefore, in order to avoid significant problems, it is better to take care of your rights, be responsible on the roads, not knowingly commit violations and not enter into controversy with traffic police officers.
Is it possible to buy rights after they have been deprived?
Today you can buy almost everything, rights are no exception. On the Internet you can find many advertisements submitted by dishonest enterprising people, but all this is nothing more than fraud.
It is worth understanding that purchased rights after they have been deprived by the court are illegal and false. All purchase transactions are illegal, think about the consequences.
Retaking your license after being revoked is much more reliable, but buying a fake document risks:
- collection of a fine of up to 8,000 rubles, or an amount equal to 6 months’ salary
- arrest for up to six months
- correctional labor for up to 2 years.
All you will achieve by purchasing rights is devastation of the family budget and the risk of going to jail. It is quite possible to return your rights ahead of schedule, and mind you, using a legal method and without extra costs.
Driving without a license is also punishable. If you assume that you have been deprived of your rights, but there has not yet been a court order or appointment, you can always check the status of your rights by submitting an official request to the Ministry of Internal Affairs of the Russian Federation in your region. Write an application to the traffic police, or use the database by entering the series, car number, and date of issue of the license into the search form.
If you use a vehicle without a license, you can earn yourself a fine of up to 30,000 rubles, correctional labor for up to 200 hours, and detention for 15 days.
In conclusion, I would like to say that deprivation of a driver’s license is permissible only if violations are recorded by traffic police officers, as well as by a surveillance camera.
Even if the case goes to court, you always have the right to appeal it, since there are plenty of unjustified actions to confiscate rights on the part of employees today.
It is good to have a DVR in your car, with the help of which you can always prove your case in court and perhaps the circumstances will become mitigating for you.
Use all means to protect yourself that do not violate the law.
In conflict situations, seek help from an experienced lawyer. Be extremely careful on the roads and do not violate your rights. When you act according to the law, life becomes much calmer. Watch the video on the topic:
Source: http://avto-femida.ru/prava/driving-licence/nuzhna-li-peresdacha-ekzamenov-posle-lisheniya-voditelskih-prav.html
How and where can I retake my license after it has been revoked?
Those drivers who have had their license revoked, closer to the expiration of the period, are wondering whether they need to retake the test or not. We can say right away that previously this was not required, but since 2013 everyone has to retake it.
In this article, we will figure out whether a driver needs a retake after being disqualified, as well as how and where this can be done?
Do I need to retake my license?
If a driver’s license (starting from September 2013) was taken away, regardless of whether it was for drunkenness, or for driving on the opposite side, or due to another traffic violation, then in order to obtain it it is necessary to retake the exam. Only the theoretical exam is required to be retaken. There is no need to retake the driving and motor racing test.
It is worth paying attention to the Government Resolution dated September 1, 2013.
Based on this document, it follows that if the deprivation of rights occurred after the specified date, then the theory will definitely have to be retaken.
If the driver’s license was revoked before September 1, then there is no need to retake anything, and the license is issued at the end of the period upon submission of the necessary documents and a written application.
Passing the theory after deprivation of your license is absolutely the same as when receiving it after training in a driving school. The verification requirements also remain the same. In order to receive a certificate, you will need to answer one of twenty tickets, which includes twenty questions. To successfully retake the test at the traffic police, you are allowed to make no more than two mistakes on the issued ticket.
If, when checked by a traffic police inspector, the answer is positive, the certificate will be immediately returned.
How and where to retake?
So, if the period after deprivation of rights has expired, then they are allowed to be obtained by first passing a test on theoretical questions. In order to do this, you must contact the examination department of the traffic police inspectorate specially designated for this purpose.
To obtain a certificate, you must have all the documents with you. As a rule, all the necessary information is presented on stands in the traffic police.
The following documents will be required:
- Court document on deprivation of rights. It is issued immediately after a conclusion about a traffic violation has been made.
- Citizen's passport.
- Medical certificate. The certificate must be clearly valid at the time of receipt of the driver's license. It is issued for a period of up to two years.
Before going to the traffic police, you need to check all unpaid fines. This can be done on the official website of the traffic police. Particular attention will be paid to verifying payment for traffic violations for which the judicial authority imposed a deprivation of rights. If the driver has any debts, the inspector has the right to refuse to obtain a license and retake it.
When can I retake?
The license is issued by the traffic police inspector only after the expiration of the period of deprivation on the next working day. This date of receipt is easy to calculate.
Many citizens are accustomed to counting from the date of the court hearing and delivery of the court decision - this is wrong. After the decision is made, the culprit is given time to appeal and protest the court’s conclusion in another court. A period of 10 days is allotted for this.
It turns out that you need to go to the inspectorate the next day after the time of deprivation and ten days from the date of the court hearing have passed.
If many mistakes are made during the retake of the theory and the exam is not passed, then the next time you are allowed to come again no earlier than 7 days later. The number of retries allowed is unlimited.
What if the deprivation took place in another city?
It often happens that a traffic violation with the deprivation of a driver’s license occurs in another city. In this case, there are two options for returning and receiving them.
Possible options for obtaining rights:
1. Directly come to the city where the traffic violation occurred. Accordingly, pass the theoretical exam successfully at the examination department of the traffic police of this city and receive your license.
2. It is possible to obtain a license in your city. To do this, you need to contact the traffic police department at your place of residence and make a request to the traffic police department of the city where the violation was recorded. After that, retake the certificate and receive it at your place of residence.
It is worth noting that there is no way to return your rights before the deadline imposed by the court. To do this, a legal opportunity is given, such as an appeal within 10 days. If it is not filed, rejected, etc., then there will be no other option to challenge the court’s conclusion and, accordingly, it will not be possible to reduce the time of deprivation.
We recommend watching this video:
Source: http://AvtoPravilo.ru/kak-i-gde-mozhno-peresdat-na-prava-posle-ix-lisheniya/
When can you take your license after deprivation?
Revocation of a driver's license is an unpleasant matter and involves red tape. There is not so much red tape when depriving them as when receiving them. After all, here you will need to pay all fines and pass exams at the traffic police; such a norm has appeared in Russia since 2013 (32.6 of the Code of Administrative Offenses of the Russian Federation).
In addition, for those convicted of drunkenness, it will be mandatory to undergo a medical commission, after administrative or criminal punishment has been applied to them (32.6 of the Code of Administrative Offenses of the Russian Federation). Yes, yes, deprivation of rights may also be associated with criminal punishment.
This is in the case of a relapse, when the driver was caught driving drunk for the second time since the previous punishment was applied to him. Here the fine can amount to hundreds of thousands of rubles, or even restriction of freedom for up to 2 years. (264.
1 of the Criminal Code of the Russian Federation) Everything is serious! But we actually wrote this article not in order to thicken the clouds over the disenfranchised, but in order, on the contrary, to inform and thus help about when it will be possible to start “trying” to pass the license. After all, you can pass your license before the end of your sentence.
In this case, after the deadline expires, the driver can come and get a license without surrendering. That is, the exam will be passed as an external student, and counted at the end of the sentence. So, from when can you go and take the exam at the traffic police after deprivation of your license?
Someone takes it in two weeks, someone in six months, what regulates these deadlines for passing the exam on knowledge of traffic rules.
How long after deprivation of a driver's license can you take a traffic knowledge test?
Article 32.6 of the Code of Administrative Offenses of the Russian Federation “Procedure for the execution of a decision on deprivation of a special right” does not say anything about when you can go to take the exam. There is only part 4.1 from which we “took out” the most important lines...
...returned after checking his knowledge of the Traffic Rules and after paying in accordance with the established procedure the administrative fines imposed on him for administrative offenses in the field of traffic |
That is, the Code of Administrative Offenses of the Russian Federation does not indicate the timing of the knowledge test, but only says that the rights are returned only after such a test.
The deadlines for surrender are written in the “Rules for the return of a driver’s license after the loss of grounds for termination of the right to drive vehicles.” Here you should refer to point 4
The inspection is carried out after at least half of the period of deprivation of the right to drive vehicles assigned to the person deprived of the right to drive has expired. A person who fails the inspection may be tested again no earlier than 7 days from the date of the previous inspection. |
Actually, these lines put everything in its place. That is, if the violation was, say, under Article 12.1 of the Code of Administrative Offenses of the Russian Federation, part 1.1, when the period of deprivation of rights can be 1 month, then you can take your license in 2 weeks.
And if the driver has a “severe case”, for example, under Article 12.8 of the Code of Administrative Offenses of the Russian Federation (driving while intoxicated), where the period of deprivation of rights can be 2 years, then you can start taking the exam no earlier than after 1 year.
Actually, everything is clear here.
How long before you can take the traffic rules exam if you didn’t pass the first time?
What else I would like to talk about is the failures of examinees. If you fail to pass the exam, you can try again next time in 7 days. This all follows from paragraph 4 of the “Rules for the return of a driver’s license after the loss of grounds for termination of the right to drive vehicles.”
Summing up about when you can take your license after deprivation
So, you can take your license, or rather take an exam on your knowledge of traffic rules, after half the sentence has expired. In case of failure, a second attempt can be made 7 days after the previous one.
Source: http://www.AutoSecret.net/avtoshkola/zakon/2019-kogda-mozhno-sdavat-na-prava-posle-lisheniya
Do I need to take an exam after deprivation of my license?
Is it necessary to retake the driving test after being disqualified? Deprivation of a driver's license is the ultimate punishment for committing the most serious administrative offenses.
According to statistics, most often a special license is revoked for driving while intoxicated, refusing a medical examination, speeding by more than 80 km/h, or for repeating an offense.
Until the fall of 2013, in order to return a license, it was enough to obtain a medical certificate indicating that the person had no contraindications for driving a car.
In September 2013, amendments to the legislation were adopted, according to which all drivers who regained their license after deprivation were required to retake the traffic rules knowledge test. At the same time, the surrender mechanism was not developed, so the rights were given without verification, as before. In fact, the amendments only began to work on November 29, 2014.
Currently, in order to obtain a license you will have to pass an exam on the Rules of the Road. Testing takes place on a computer. Blocks about fines and medical assistance have been excluded from the list of questions. The driver receives one of 40 tickets, each with 20 questions. You have 20 minutes to pass and the right to make 2 mistakes.
Important! Primary or repeated, in case of failure, retaking the exam for those deprived is absolutely free.
The test takes place not in the traffic police department where the license is stored, but in special examination units.
If the test is not passed, then you can “try” your luck again no earlier than in a week.
You can submit an application for surrender at least the next day after the court ruling on deprivation of the special right to drive a car comes into force. In this case, the driver will be admitted directly to the theory exam no earlier than after half the period of deprivation has expired.
After successful completion, the car owner is given an examination card, with which he can safely go to the traffic police department where the driver’s license is located.
If a driver lives in one region, but his license was revoked in another, then he can write and send an application for reassignment of his driver’s license to his place of permanent residence.
In this case, the period for obtaining a certificate will increase.
The complicated return procedure is explained by the fact that the driver, while on the road, controls a source of increased danger.
And the commission of such offenses as, for example, drunk driving or exceeding the speed limit by more than 80 km/h creates a serious threat to the life and health of pedestrians, passengers and drivers.
In this regard, passing the traffic rules exam is intended to “refresh” the memory of motorists and once again remind them that they bear increased responsibility not only for themselves.
If you have questions about the procedure for returning a driver’s license after deprivation, or you do not agree with the decision taken against you and want to appeal it in a higher court, we recommend that you seek help from a qualified lawyer.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.
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Source: http://dtp24.com/lishenie-voditelskih-prav/nuzhno-li-sdavat-ekzamen-posle-lisheniya/
Is it necessary to take exams after deprivation of a driver’s license, how does this happen and in what time frame?
Motorists who violate traffic rules or get behind the wheel after drinking alcohol face not only fines, but also, in some cases, the loss of their driver's license.
Is it necessary to retake the traffic police exams in 2018 if you have been deprived of your license for a particular violation? Every car owner should be interested in learning about this, and we also recommend remembering this information to avoid problems in the future.
Do I have to retake exams to get my driving license back?
If a driver is deprived of his license, he must retake the exam without fail. This applies only to the theoretical exam, and there is no need to retake the practical exam.
Let us note that according to the law, only people who were deprived of a driver’s license before September 2013 can not take the exam, but today there are practically no such people.
Many of them have long since returned their licenses or their driver’s licenses are already expired, meaning a retake will be required in any case.
Exam
Practice shows that traffic police officers, despite the first part of Article 1.7 of the Administrative Code (it came into force on September 1, 2013), previously and now send drivers after deprivation of their rights to retake the theoretical exam. Cunning drivers have found a solution to this unpleasant situation.
You need to take the refusal in writing from the traffic police and send it to the court, citing an article from the Administrative Code. According to the first part of Article 1.7, a rule of law that was not in force at the time of the commission of the offense and deprivation of rights cannot be applied to the violator, that is, before September 1, 2013.
According to another article from the Code of Administrative Offences, number 32.6, after deprivation of rights, citizens are given their license back only after passing a theoretical exam and paying all fines that were issued for traffic offenses. You can read how to find out about your fines in a separate material on our website. Additionally, we recommend that you study the material on penalties for driving without a driver’s license.
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Exam deadlines?
If your license has already been revoked, you will need to retake the exam, but in what time frame can and should this be done? First of all, the expiration date of the imposed punishment is calculated. It can be determined from a copy of the court decision. You should be interested in the date of registration of the document, to which we add another 10 days for appeal and add the term of punishment.
As soon as the period for which you were deprived of your rights at the traffic police expires, go to the department to get your license. Bring the following documents and certificates with you:
- a copy of the court decision;
- application (form can be obtained HERE );
- passport of a citizen of the Russian Federation;
- a certificate stating that you have submitted your driving license to the traffic police;
- medical certificate
Sometimes rights are destroyed
There is debate among motorists on the last point.
Court decision No. AKPI13-228 dated April 11, 2013 states that Article 42 of the Russian Government Decree, which approves the procedure for retaking the qualification exam, is considered invalid.
This article stated that those wishing to return their driver's license after deprivation do not need to retake the theoretical and practical exams. In this case, you need to bring a pre-issued medical certificate to the traffic police.
Regardless of the repeal of this norm by the legislator, traffic police officers continue to require medical certificates from motorists. In turn, we assure you that they are not needed in all situations. They may only be required if you are deprived of your rights in 2018 under the following articles:
- the first and fourth parts of Article 12.8 of the Administrative Code;
- the first part of Article 12.26 of the Administrative Code;
- the third part of Article 12.27 of the Administrative Code;
- the second, fourth and sixth parts of Article 264 of the Criminal Code.
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Rules for retaking the exam after deprivation
If you have been deprived of your driver's license, you will have to pay a state fee for retaking the theoretical exam in the amount of 4,500 rubles. Note that you will have to pay for each attempt, so in order to save money, it is better to prepare well right away in order to pass the first time.
If your first attempt is unsuccessful and you are ready to retake the exam, you will have to wait seven days. Please note that the number of attempts does not have any restrictions, but this may hit your pocket.
The theoretical test is a test of 20 questions, for which a disqualified driver is given 20 minutes. To successfully pass the exam and return the driving license, you are allowed to make a maximum of 2 mistakes.
The test does not contain questions on theory or medicine, and all of them will be devoted to traffic rules.
After passing the test, the driver will receive an examination card, which will need to be presented to the traffic police officer to return the license.
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Features of restoring rights after deprivation of rights for drunkenness
Licenses ready for issue
According to current legislation, a driver’s driver’s license can be revoked for various offenses. Basically, these are various traffic violations, including driving under the influence of alcohol or drugs.
The procedure for returning a license after being revoked for drunk driving differs in a number of characteristic features.
For example, in 2018, a driver must undergo a medical examination, which includes a mandatory visit to a narcologist and a psychiatrist.
The resulting conclusion will need to be taken to the traffic police in order to convince the traffic inspectors that there is no alcohol abuse on your part.
In all other matters, if a driver is deprived of his license for drunkenness, everything is similar. You will have to retake the theoretical exam, but not the practical exam, and pay a state fee of 4,500 rubles. Everything is quite simple, but you must be prepared, otherwise you will have to retake the exam and pay for it again in full.
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Where and how is the exam retaken?
We found out whether deprived motorists need to take exams at the traffic police and how much it costs. There are certain nuances that we recommend you remember for the future:
- people who have confirmed with the traffic police that they have served half the term for which they were punished (their license will be obtained after its final expiration) are allowed to take the exam;
- failure to pass the test will require a retake seven days later, not earlier;
- There is a state fee of 4,500 rubles for passing the theory.
Retaking the theory is very simple: you simply answer the questions on the ticket you were given. There are only two dozen questions that are not so difficult if you know the traffic rules and have prepared in advance.
Theoretical questions for the exam are formed according to the AB and CD driving categories, and when retaking two adjacent categories, the ticket will contain more complex questions from a high category. For example, when taking the theory test in BC categories, you will need to answer the CD ticket.
Video: Taking the traffic rules theory again after revocation of a driver’s license
Video: Retaking exams after deprivation of rights
Video: Will it now become more difficult to return your license after the expiration period?
Video: How to get a driver's license after expiration of the period of deprivation
Source: http://Driving24.ru/lishili-prav-nuzhno-li-peresdavat-ekzamen/