Restoration of rights after deprivation
One of the most common questions in the field of automobile law is: “How to restore a driver’s license after revocation?” and this is quite understandable, since in our country rights are deprived for a relatively long period of time, during which laws may change, and, accordingly, the rules for processing documents may differ from those that were in force at the time of deprivation.
In this article we will look at what is needed to return rights after deprivation and all the main solutions to this issue as of 2017.
How to restore your driver's license after revocation
The first issue that needs to be resolved after the driver has been deprived of his driver’s license is the expiration of the ban on driving, namely a specific calendar date. To deal with this, you must adhere to the following algorithm:
- carefully study the court ruling in which the court restricted a person’s rights to drive a car;
- clarify the date of receipt of a copy of the court order (this date may be indicated on the postal envelope in which the order arrived, and if the order was received in court and the driver does not remember the date, then you can always call the court and clarify this issue);
- it is necessary to add 10 days to the date of receipt of the court order and you will get a “starting point” for counting the period of deprivation of a driver’s license.
Important! This algorithm for calculating the start date of the deprivation of rights is valid only if the court decision has not been appealed to a higher court.
Repossession process
When determining the date, time and place of obtaining a driver’s license back, the driver needs to prepare, namely, study the process of returning a license in the event of deprivation:
1. after half the period of deprivation of rights has expired, you should contact the traffic police department and pass a theoretical exam on your knowledge of traffic rules. If you fail to pass the exam the first time, you can retake it only after 7 days. You can submit an application for passage even on the day the court ruling comes into force, but you will be able to pass it no earlier than 15 days before the end of the deprivation;
Important! If the driver’s license was revoked before September 1, 2013, then there is no need to take the exam.
2. pay the required fine;
Important! In accordance with Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation, if the decision to impose a fine was made 2 years ago and was not executed, the fine is liquidated, but only if the driver brought to administrative responsibility did not evade execution of the punishment.
3. get your license back from the traffic police department where your license was surrendered after being revoked.
Important! Rights are returned within 1 day from the date of request to return them.
If a person deprived of a driver’s license is going on a long business trip or even moves to another city, then he can get a license at absolutely any traffic police department.
To do this, in advance and no later than 30 days before the end of the period of deprivation of rights, it is necessary to contact the traffic police department that executed the court order with an application to forward the rights to the department to which it will be more convenient to come.
Important! If the driver does not pick up his driver’s license from the traffic police, then after 3 years it will be destroyed.
After being imprisoned for drunkenness
If the driver has suffered an administrative penalty, the responsibility for which is established by Part 1 of Article 12.8 (driving a vehicle while intoxicated), in addition to testing knowledge of traffic rules and paying a fine, it is necessary to undergo a medical examination to determine the presence of medical contraindications to driving.
For leaving the scene of an accident
Deprivation of a driver's license in a situation where the driver left the scene of an accident is an administrative punishment, liability for which is provided for in Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation.
Upon expiration of the period for deprivation of a special license, the driver has the right to receive the license back if he passes a test of theoretical knowledge of traffic rules and provides the documents required by law.
Retaking the traffic rules exam is free of charge.
After the trial
When a person deprived of a driver's license is brought to administrative liability, which involves the deprivation of the same right, the period begins only from the day when the period of administrative punishment to which the person was previously brought expires.
Consequently, if the driver was again brought to administrative responsibility and a court decision determined the punishment in the form of deprivation of the right to drive a vehicle, then the beginning of the period will be the day following the end of the period of deprivation of rights under the previous punishment.
The procedure for returning rights is established by Part 4.1 of Art. 32.6 Code of Administrative Offenses of the Russian Federation.
Procedure for returning rights after deprivation
From the moment the court ruling came into force, the person in respect of whom the decision was made to bring to administrative responsibility must, within three days, surrender his driver’s license to the traffic police department at his place of residence.
Afterwards, the violator must pick up a copy of the decision and receive a document confirming that the driver’s license was accepted by the inspector. By adding 10 days, we get the beginning of the period of deprivation of a driver’s license.
The next step will be to collect the required documents, submit the appropriate application to the traffic police department where the license was transferred, and pass the traffic rules exam.
In some cases, the law requires a medical examination to certify that the driver is fit to drive.
Required documents
In order to get your driver's license back, you should collect the documents listed below (they will be needed to apply to the traffic police for a license) and wait until the end of the sentence:
- statement;
- medical certificate (according to the decision of the Supreme Court of the Russian Federation dated April 11, 2013 No. AKPI13-228, the provision of a medical certificate is not mandatory, but it is required).
- exam card;
- a medical document stating that the driver can drive a vehicle for health reasons (if necessary, for certain types of administrative liability established by Part 1 of Article 12.8, Part 1 of Article 12.26, Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation);
- court order.
Return of rights after deprivation and loss
If the driver was brought to administrative responsibility and deprived of the right to drive a vehicle, and the driver’s license itself was lost or stolen, a number of measures should be taken:
- it is necessary to wait for the expiration of the period of deprivation of rights, since it is impossible to restore them while the court order on deprivation of rights is in effect;
- after the expiration of the period of deprivation of rights, a state fee of 2 thousand rubles must be paid. Details for paying the state duty can be clarified in the territorial department of the traffic police;
- fill out an application in the following form: Application form for the return of a driver's license;
- provide your passport and completed application to the traffic police, waiting for a call to receive a new driver's license.
How to get your license back after being revoked in another city
In the event that the driver needs to return his license in another city, and, accordingly, in another traffic police department, no later than 30 days before the end of the period of deprivation of the right to drive a car, he should submit an application to the department at the place of execution of the court order, indicating the name of the traffic police department, in which you need to send your driver's license. The application is submitted in writing or in the form of an electronic document on the official website.
Restore rights after deprivation to a foreigner
In accordance with Art. 2.6 of the Code of Administrative Offenses of the Russian Federation, foreign citizens brought to administrative responsibility are punished on a general basis.
Therefore, if a driver’s license is revoked, a foreign citizen will have to go through the procedure of returning the license on the territory of the Russian Federation in the same way as citizens of the Russian Federation.
If a foreign citizen leaves the territory of the Russian Federation, then in his homeland he can declare the loss of his driver’s license and restore it, since there is no single database.
How to restore rights after deprivation if...
No resolution
After the expiration of the period for deprivation of a driver’s license, a driver who has not retained a court decision on administrative liability must obtain a duplicate from the court that made this decision to submit to the traffic police along with other necessary documents.
Overdue restoration
If the validity period has expired during the deprivation of a driver’s license, then the citizen must contact any examination department after the expiration of the period of deprivation of a special right with an application for the issuance of a new driver’s license, attaching to it a receipt for payment of the state fee, a medical certificate, a passport, and, if necessary, photographs size 3x4, medical examination on the basis of clause 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation (if necessary). A driver's license is replaced at the place of registration of the owner.
Thus, when restoring a driver’s license, it is necessary not only to pay attention to the calculation of the period of deprivation of a special right, but also to prepare all the necessary documents, as well as retake the theoretical part of the traffic rules.
To accurately determine the period of deprivation of a driver's license and submit the required documents, it is better to contact our lawyers for advice, who will also tell you how to prepare the documents correctly and where to go if your license has been lost or the driver has lost a decision on administrative liability.
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.
Get a free consultation
Source: http://dtp24.com/lishenie-voditelskih-prav/vosstanovlenie-prav-posle-lisheniya/
Do I need to surrender my license after being revoked and why?
In case of serious violations of traffic rules, drivers face the loss of their driver's license. At the same time, some are interested in whether it is necessary to surrender their license, and also what will happen if this is not done.
It is noteworthy that recently the seizure of rights has been practiced even in the event of non-payment of alimony.
In this regard, we decided to understand the procedure for deprivation and subsequent return, and also find out where exactly the document needs to be submitted?
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Procedure for deprivation of a certificate
Regardless of the violation committed when operating a car, the procedure for deprivation of rights is always the same: at the place of stop, the traffic inspector draws up a protocol on the violation, and you have every right to make certain notes in it.
After this, the protocol goes to court and at the end of the process, the judges make a decision - to deprive the violator of his rights or impose a fine. In any case, before the trial you have full right to drive a car, that is, you do not yet need to surrender your license after deprivation.
Exceptions are situations when driving is prohibited according to the Code of Administrative Offenses.
Delivery of rights
In addition to writing out the protocol, the procedure also involves other actions:
- Discussion of the terms of the protocol at the commission in the traffic police, where a decision is made regarding deprivation of rights. In some cases they are limited to a fine. When a trial is required, it will take approximately 18 days, 3 of which are given for the transfer of the record and 15 for the hearing.
- When a case of deprivation of a driver’s license is transferred, it is dealt with by a district or magistrate judge, who, according to a certain procedure, sets a hearing date.
- The court does not always immediately issue a verdict on the deprivation of a document, since punishment is sometimes replaced by penalties. When the judge decides to revoke the violator's rights, you will have to part with them, as well as surrender the temporary permit issued by the inspector.
After the court hearing, at which you may be deprived of your rights and you will need to surrender them, you will be able to use them for another 10 days. This is the period within which you can file an appeal. After this period, you will have to surrender your license yourself after deprivation, otherwise you will face serious punishment.
If the offense was recorded by a camera operating in automatic mode, the law cannot deprive you of your rights for this. You can only be subject to a fine. If the violation was recorded on camera by an inspector, you can be deprived of your license under it, and you will have to surrender it in a certain order.
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Where and when to take your license?
Destruction of rights
According to the administrative code, the driver must surrender his license after deprivation within three days from the date of the court hearing at which the corresponding decision is made. Not everyone knows where to submit a driver’s license in this case either. This must be done at the nearest traffic police department located at the driver’s place of residence.
There is one difficulty here. Drivers are wondering whether it is dangerous to surrender their license, because traffic police officers do not issue any receipts or other documents. Will it be possible to get my driver's license back later? In reality, instead of a receipt, there should be an official statement that you write and send to the traffic police.
In the application, you indicate that, by a court decision, you yourself surrender your license, and the inspector signs on the document, thereby confirming the receipt of a driver’s license from you. The application additionally indicates the driver's license number and passport details, as well as the initials of the inspector who accepted the license.
Your document will be stored at the traffic police department along with one copy of the application. After the expiration of the period, you will need to go there, and the inspector, according to the application, will return the driver’s license - this is legal. Also, when drawing up a protocol by an inspector, do not leave a note of consent in it, since in this case you will not be able to limit yourself to a fine.
Drivers' licenses are usually taken away for gross violations of traffic rules, including those involving victims. We recommend that you study what punishment for an accident causing harm to the health of citizens in court in a separate material.
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What happens if you don't pass your license?
Retaking the exam
Often, drivers who violate traffic rules and are deprived of their license because of this are interested in whether it is possible not to hand over the driver's license after deprivation? If, when meeting with the inspector, the driver did not have his license with him or the court ordered their deprivation due to non-payment of alimony, the driver’s license will remain in the hands of the motorist, and its surrender will fall on his own conscience. Of course, after 10 days, by court decision, you still have to do this.
Typically, drivers continue to drive even though their license is invalid. Previously, it really worked, but gradually the sentence expired and the driver’s license returned. The main thing is not to fall under the gun of traffic inspectors again. In 2017, the law on deprivation of rights is more serious: the period of deprivation of a driver’s license is counted from the moment you arrive at the traffic police department and actually hand over your license.
Consequently, if you fail to submit your driver's license in a timely manner, you will receive additional punishment and will also be fined for driving with an invalid license. There is another way to help circumvent the laws:
- you are writing a statement about loss of rights;
- receive a temporary copy of the driver's license;
- hand it over to the traffic police department.
Using this trick, do not forget that when you re-hear with the inspectors, they may determine that your rights are not valid at a particular moment.
For this you even face imprisonment for up to 15 days, and your car will be sent to the impound lot. You also face a fine of 30 thousand rubles.
So decide whether this risk is justified, because in most situations it is better to be a pedestrian for a while than to receive a more serious punishment.
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Calculation of the date of return of rights
Signing of the application by the inspector
Having figured out how, when and where to surrender your license after deprivation, figure out the date of legal return of your driver’s license. As noted, the period of deprivation of the document begins to count from the moment when you actually hand over your license at the department. Thus, the more you delay this moment, the longer you will not be able to get your driver's license back.
The date when, according to the law, you can take away your license is not difficult to calculate. You just need to add 10 days to the date of receipt of the court decision on deprivation (the period is allotted for appeal). Also add the period of deprivation and also add the days of delay when passing the driver's license.
To get your license back, contact the traffic police department where you originally handed it over. At the same time, there is an option to obtain a driver’s license even in another region, but it is not so simple. Approximately a month before the expiration date, send an application so that your license will be sent to another branch (indicate the address).
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Is it possible to return the rights ahead of schedule?
To return your rights early, you need to use several tricks. First, contact a higher court, which will probably rule in your favor, and this will allow you to get your driver's license back. Instead, you will be punished with a fine according to the Code of Administrative Offenses.
This can be done in different situations, for example, if your rights were deprived by a decision of a magistrate. In this case, the appeal is sent to the district court. If the decision is made by the district judge, contact the regional judge. Please note that attempts to return the rights that you have been deprived of are useless in the absence of significant evidence of the illegality of this decision.
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How long does it take to pick up my license?
Return of rights
If your license has been taken away, you already know where and how to turn it in, but when should you pick it up? This does not have to be done strictly on the same day when the period of deprivation expires. Even after this date, the driver’s license will remain in the traffic police department for several months. Subsequently, you will not have to pay a fine or receive other punishment to return the document.
Please note that your driver's license will not wait for you forever. According to the Administrative Code, this and other documents are kept for up to three years. Consequently, if you do not have the opportunity to appear at the traffic police to return your license, they will simply be destroyed. There is one advantage here: when you receive a new document, you will lose all the unfavorable history that is attached to your old rights.
When you do come to claim your license, you will need to complete several steps:
- Pass a theoretical exam on traffic rules. This rule has been in effect since 2013, and all drivers are forced to re-prove their legal rights to drive a vehicle. You can start the exam when half of the assigned period of deprivation has expired.
- You need to pay the fines that were previously issued by inspectors. Without paying off the fines, your driver's license will not be returned to you.
- Get a medical certificate. It is needed by drivers who have been deprived of their license for driving while drunk. The certificate will confirm that the motorist has no health problems.
- You must provide a passport to pick up your license.
As you can see, in some cases it can be difficult to return your rights after deprivation, and we still do not recommend that you not surrender them, otherwise you can only worsen your situation.
Video: Didn't pass your license? Blame the judge!
Video: Will it now become more difficult to return your license after the expiration period?
Video: Retaking exams after deprivation of rights
Video: Is it possible to return your rights early?
Source: http://Driving24.ru/chto-budet-esli-ne-sdat-voditelskoe-udostoverenie-pri-lishenii/
Where to surrender your license after deprivation
All motorists know firsthand what the rules of the road are, and that everyone must follow them. Otherwise, you will have to suffer punishment, the severity of which varies. At a minimum, this is an administrative fine, and at a maximum, deprivation of a driver’s license for a certain period.
Those against whom a strict measure of restraint has been applied are interested in where to return their license after deprivation. Not every car owner knows how to act in such situations, so it makes sense to understand this issue in more detail.
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When is the “crust” handed in according to the new rules?
Until the changes in the laws of the Code of Administrative Offenses came into force, drivers were deprived of their rights “on the spot.” This meant that the traffic police inspector independently determined the possibility of returning documents after some time or the need for an additional theoretical exam. Plus, the offender had to pay, for example, a fine for overtaking or some other violation.
Since the adoption of the changes, the procedure for withdrawing a license has been replaced by the driver independently submitting it to the traffic police department. He must do this after the court makes a decision on the case.
There are drivers who have not even experienced the innovations because they do not violate the rules of conduct on the road.
This explains the prevalence of the question of where to return a driver’s license after deprivation.
What does the law require from a motorist?
If you have violated traffic rules, then after some proceedings you may be punished not with an administrative penalty in the form of a fine, but more seriously.
We are talking about a preventive measure that can no longer be avoided - deprivation of the right to drive a vehicle, the maximum period is 3 years.
In such a situation, the driver needs to wait for the court’s decision, and then submit the documents to the appropriate department of the Traffic Inspectorate.
To avoid problems, you need to know when exactly you should surrender your license to the traffic police after deprivation. The required period is considered to be 3 days; the offender is obliged to appear at the department with the necessary document no later than this period.
Due to ignorance, many find themselves in a difficult situation. Experts in such matters strongly recommend not to delay this process, because as practice shows, failure to meet deadlines leads to even more serious problems for the car owner.
Moreover, this does not depend on the reasons for failure to appear on time.
The surrender of rights after deprivation is accompanied by the execution of an application; the process of drawing it up must be taken extremely seriously. This will avoid bureaucratic hassles. The document contains the following information:
- details of the judge who made the decision on the specific case;
- ID number.
It is also important not to forget to cross out the empty lines with the letter Z, and in full length. This must be done in order to prevent falsification of the document by unauthorized persons.
To first familiarize yourself with the document that needs to be submitted to the traffic police department, you can use the Internet. There are many websites that offer downloadable forms for review in various formats.
Looking at the sample, it will be much easier to fill out the application correctly.
We’ve sorted out where to hand over a driver’s license when a license is revoked, now we can move on to the question that interests us the most: what is needed to get it back?
What does the driver need to do to get the “crust” back?
When the sentence comes to an end, the owner of the license must appear at the traffic police department, where he has already been. But! This does not mean that he will immediately be given back documents allowing him to legally drive a car. It is not enough to know where to turn in your license if you are deprived of it; it is also important to take into account a number of other points.
In order for everything to end safely, the driver needs to pass a repeat test on knowledge of traffic rules and pay fines imposed by the traffic police.
If, for example, a driver was deprived of his license for causing minor harm to health in an accident, then in order to pass the tests he must first sign up for an exam at the State Traffic Inspectorate.
This does not have to be the department where documents were submitted after the trial. To register, you need to have the original and a copy of your passport with you. Usually the exam is scheduled 2 weeks after application.
This is quite enough to refresh previously acquired knowledge.
What conclusions can be drawn on a specific topic?
- Do I need to take them if my license is revoked? The answer is yes.
- Where to submit documents - to the traffic police department located in the area of the court that made the decision.
- When to hand over your license after the trial - within three days.
- To return, you need to pass an exam (answer correctly at least 18 questions), pay all traffic police fines, and provide a medical certificate (if necessary).
If you had to hand over your license to the traffic police after being deprived, there is no need to despair; knowing the algorithm of actions, you can return it without problems after the expiration of the sentence. And in the future, do not break traffic rules, then there will be no problems with the law.
Source: https://law.ru/auto/kuda-sdavat-prava/
Where to return your driver's license after revocation?
Until September 2013, state traffic inspectors had the right to confiscate a driver’s license if a serious traffic violation was detected.
With the introduction of amendments to Federal Law No. 196, these powers were canceled, and the driver was required to submit the document independently.
Many motorists who have encountered troubles on the road have experienced difficulties about where to return their license after deprivation, if the inspector no longer has the right to make a seizure.
Features of the deprivation procedure
The main changes since 2013 affected the procedure for withdrawing a document. Instead of issuing a temporary permit when the inspector confiscates the license, the driver now retains the license. The basis for deprivation of rights is a court decision. Thus, the driver has a period before the judge's decision takes effect to exercise the right to drive a car.
Some recommendations will help in the process of dealing with the traffic police:
- You should not refuse the examination if the inspector insists on carrying it out. Refusal to check is actually equivalent to an admission of guilt.
- If there are doubts about the reliability of the breathalyzer readings, the driver has the right not to sign the protocol with consent. The person accused of the violation may indicate in the protocol that he does not agree with the values of the breathalyzer.
Submitting a driver's license
Exact information on how to submit a document giving permission to drive a vehicle is provided in the court where the case was heard.
If a motorist accused of a violation cannot appear at the hearing for some reason, difficulties arise due to uncertainty about where to hand over the license.
Most often, this happens if the trial takes place in another region, not at the defendant’s place of residence.
The certificate is not handed over in the courtroom, however, only the judge’s decision gives grounds for imposing a penalty in the form of deprivation. The place where the document is submitted is the traffic police department. However, the seizure itself is a whole procedure that every motorist deprived of a license must go through:
- Having arrived at the department, the driver fills out an application, the form of which is available at the department at the place of application. You can hand over your license at any department closest to the driver’s place of residence.
- It is recommended to fill out two applications at once, one of which will remain with the driver, which makes it possible to confirm the fact of surrender in accordance with the court order. From the basic information, the application will need to indicate the circumstances of the deprivation of rights - the name of the judge, details of the decision, personal information of the driver.
- After submitting your application, you must wait until it is accepted for consideration. This is confirmed by a mark on the second copy by the receiving inspection officer. It is recommended to keep this form until you apply for the return of the certificate after the expiration of the sentence.
IMPORTANT! You should not ignore this procedure, because the sentence will be counted from the moment of actual seizure, i.e. after submitting an application to the traffic police.
The period allotted for submitting the document
There are three deadlines that must be strictly observed if the driver is accused of a violation and punished by deprivation of his license:
- The procedure for submitting the certificate to the traffic police must be independently organized within a three-day period after the court decision was made.
- The case is considered in the magistrate's court no later than three days after the driver was detained by the inspector.
- You can appeal the judge's decision within the next 10 days after the verdict.
Based on these terms, the duration of legally permitted driving is calculated after the fact of violation has been established by the traffic police inspector.
Responsibility for violation of deadlines
Drivers who have been deprived do not always take a responsible approach to the issue of properly formalizing the withdrawal of their license. As a result, the court order is ignored, and the driver keeps his license, in the hope that after a certain period of time the punishment will cease to apply and he will be able to use it again for legal trips.
This position is deeply misleading for the following reasons:
- The period of punishment begins to apply from the day the court order is issued, but if the driver does not submit the document to the traffic police, the execution of the punishment will be interrupted, and the rest of the term will not be counted.
- If the deadline has passed, the driver will need to take an additional theoretical exam. Otherwise, the procedure for obtaining rights after deprivation is violated.
Video about responsibility
In addition to all the senselessness of persistence in refusing to hand over a certificate, it is important to remember the punishment that awaits those who do not hand over the document and continue to drive a car after the judge’s verdict: a fine of 30 thousand rubles, 200 hours of compulsory labor, 15 days of arrest.
You should not shy away from executing a court decision, because the consequences can worsen and take an extremely unpleasant turn for the driver.
Source: http://auto-lawyer.org/voditelskie-prava/kuda-sdavat-voditelskoe-udostoverenie-posle-lisheniya.html
How is the procedure for surrendering rights after deprivation in 2018
Your driver's license can only be revoked for a very serious violation. However, this punishment, as statistics show, is used very often. In 2018, traffic police inspectors are not allowed to confiscate driver’s licenses. Therefore, the surrender of rights after deprivation is a topic that requires special consideration.
Is the driver required to surrender his license?
The current legislation of the Russian Federation allows only the court to deprive a driver of his rights. Typically such cases are heard at the magistrate level.
But the law does not provide for the possibility of forcibly confiscating a driver’s license even after the court decision has entered into legal force.
And this provokes numerous discussions among drivers about whether, when deprived of a license, it is necessary to surrender them.
It should be noted right away that the law and the repeated explanations of the traffic police based on it give an unequivocal answer to this question: yes, it is necessary, moreover, it is the responsibility of the driver himself to do this.
If this requirement of the law is not fulfilled, no one will catch the violator in order to take away the rights. But to do everything as it should be is actually in his, the driver’s, interests.
This procedure has been in effect since 2013, and as of January 1, 2017, nothing has changed regarding whether it is necessary to surrender a driver’s license upon deprivation of a license. As before, it is necessary. And the punished traffic violator himself must still do this.
How is change made?
The question of what to do next often arises among drivers when the magistrate has already decided to take away the license, and all opportunities to appeal this verdict have been exhausted. For example, the deadlines allotted by law for this have expired.
Or the offender himself agrees with the punishment. According to the law, the procedure for surrendering a license to the traffic police after deprivation must be explained to the defendant directly in court by a representative of the traffic police present at the meeting.
However, in practice this is not always the case.
A common option is that the driver was convicted of a violation fraught with this sanction outside the region of his permanent residence, and the offender was unable to come to trial.
In this situation, even if we assume that the driver is generally law-abiding and does not want to aggravate his fate, there is often simply no one to enlighten him on how to surrender his license to the traffic police after deprivation of his license by court.
As a result, a person has difficulty understanding what he should do and does not know where to get the necessary information.
Where to take your license after deprivation
The first problem that a driver who has been deprived of his license and is ready to do everything according to the law faces is which particular traffic police department he should contact. The law gives an unambiguous answer to where to submit a driver’s license to the traffic police after being revoked.
And what kind of address this is - registration of place of residence, temporary stay or actual residence, from the point of view of the current legislation, is not of fundamental importance.
Simply put, the solution to the problem, when a driver’s license has been revoked, where to submit a driver’s license, will be this: where the offender lives, that’s where he must apply to the MREO.
It does not matter where the incident occurred or where the case was heard in court. By the way, the law allows for its consideration at the place of residence of the offender. But for this, the driver must submit a corresponding request when the traffic police inspector draws up a protocol.
How to confirm the fact of delivery of a document
When the answer to which traffic police department to hand over the license after deprivation is found, a new question arises: how can it be documented that the driver handed over the license and when exactly he did it.
After all, it is from the day when the driver handed them over to the window in the MREO premises that the period appointed by the court for deprivation of rights is counted.
And if controversial issues suddenly arise, the driver must have a document with which he can confirm that he is right.
Therefore, it is important for everyone who has a driver’s license (and anyone can potentially be deprived of it) to know whether they should be given a document when handing over their license after deprivation.
The situation is interesting in that the traffic police are not required to issue any document confirming the surrender of the license, and no form of certificate is provided for this. But there is a way out - the offender must take care of himself. To do this, he needs not only to give his license to the inspector, but to write a statement reflecting:
- that the license is surrendered by the driver himself in pursuance of a court decision;
- personal information of the judge who made the decision;
- number of the resolution on the basis of which the deprivation of rights was carried out;
- series and number of your civil passport.
There should be two such statements. The car owner keeps one, and the inspector is obliged to make a note on this application about the surrender of the license. The copy remaining with the driver will be confirmation of the date when the driver’s license was surrendered upon deprivation. Such paper will serve as insurance in case of possible controversial situations.
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:
- Deadline for transferring rights to the traffic police.
- How is the period during which the prohibition to drive a vehicle is calculated?
Deadline
Source: http://100migrantov.ru/dokumenty/prava/sdacha-prav-posle-lisheniia.html
Where to turn in your license after being revoked by the traffic police: what happens if you don’t turn it in
Since 2013, when a driver’s license is withdrawn, a citizen must surrender his license to the traffic police after deprivation.
Administrative punishment for violating serious traffic rules, including Article 264 of the Criminal Code of the Russian Federation, provides for the removal of a motorist from driving a vehicle.
But some drivers are faced with this procedure for the first time and do not know where to hand over their driver’s license after a court decision on punishment.
Procedure for transferring rights after deprivation
Driving documents were previously confiscated by a traffic police inspector when drawing up a protocol regarding an offense (Order of the Ministry of Internal Affairs No. 185 of 2009). This year, handing over the license is the responsibility of the motorist. The procedure for transferring rights is strictly regulated by current law.
The procedure for submitting your license to the State Traffic Inspectorate:
- Until the court ruling comes into force, the citizen has the right to drive a car. In case of repeated offense, the punishment becomes more severe (fine 30 thousand, arrest).
- After the court makes an appropriate decision, the motorist is given 3 days to surrender his license to the traffic police (Administrative Code Article 32.7, Part 1.1).
If a citizen has complaints regarding the legality of deprivation, he will need to submit documents and only then contact a lawyer or file an appeal in court.
To hand over a driver’s license, a deprived citizen must provide the State Traffic Inspectorate employee with an application of the appropriate form (several copies):
- initials of the judge who made the decision;
- number of the decision on suspension from driving;
- passport details.
The traffic police officer is required to make a note on the car owner’s copy confirming the fact of transfer of rights. A copy of the application will be required when returning the ID.
Due dates
The date of the driver's license return period is calculated from the moment it is handed over to the traffic police officer. According to the current law, the deadline for submitting documents after the relevant decision is issued is 3 days (excluding weekends and holidays).
The court considers the case within 3 days after the driver’s arrest. The motorist has 10 days to appeal the verdict.
Confirmation of the fact of transfer of documents
When passing the driving license, the State Traffic Inspectorate employee hands over a copy of the application with a mark. He does not have to provide other documents. If there is no confirmation, some difficulties may arise when returning the crust at the end of the sentence.
Why can they be deprived?
In 2018, the certificate can be withdrawn for a period of 1 month to 3 years (depending on the severity of the administrative act).
Deprivation of a driver's license is provided in the following cases:
- violation of the speed limit of at least 60 km/h: 4–6 months;
- driving into oncoming traffic, traveling on tram lines: 4-6 months;
- driving while drunk or transferring a vehicle to another person who is drunk: 1.5–2 years from driving, repeated violation – up to 3 years;
- driving a vehicle without state signs or if they are attached in the wrong place: 1–3 months;
- exceeding the speed limit by 80 km/h or more: imprisonment for up to six months.
Since 2016, a resolution of the Ministry of Internal Affairs of the Russian Federation has come into force, on the basis of which a driver’s license can be confiscated for debts under the following articles:
- child support (alimony obligations);
- Payment of utility services;
- repayment of the loan and interest on it;
- payment of fines for violating road traffic rules.
The innovations affected only those drivers whose debts exceed more than 10,000 rubles. There are some exceptions if a citizen lives in an area that can only be reached by his own vehicle, or if a car is the only source of income.
Trial procedure
The verdict on the confiscation of a driver's license is made by magistrates. The case is sent to the department located near the location of the violation. If a citizen is not satisfied with this fact, he can send a request to transfer the address of the case to his place of permanent residence.
The offender’s request is also indicated in the protocol by an employee of the State Traffic Inspectorate. The car enthusiast can study the evidence base to provide his explanations and materials. The offender has the right not to come to the court hearing, but then he simply will not be able to prove his innocence.
When considering the case, they may make some adjustments to the incorrectly specified information when drawing up the protocol, take into account the frank admission of the mistake made, driving experience, the impeccable reputation of the motorist or the presence/absence of other offenses, various photo and video materials from the scene of the incident.
How can I find out the court's decision?
If for some reason the driver was unable to attend the meeting, he can obtain the necessary information at the State Traffic Inspectorate office or at the road service post, as well as at the court office. Alerts are also sent by email.
The magistrate's decision takes effect within 10 days unless the offender wishes to appeal. The extract can be obtained from the office of the authorized body involved in the consideration of the case. A department employee will provide a second copy of the resolution based on the application. If the citizen was present during the proceedings, a copy will be immediately given to them.
Appealing a court decision
Very often, motorists do not agree with the verdict, not wanting to admit their guilt. The procedure begins with filing an appeal, which must be sent within 10 days from the date of the decision. The decision should be appealed to the jurisdiction of first instance.
As an argument, one can cite people with disabilities, relatives and children who need to be transported by car, or the operation of a vehicle as the only source of income. Then the judge, quite possibly, will limit himself to community service or a fine. The arguments are supported by the appropriate package of documents.
Driver's license restoration
Self-surrender of your license after deprivation to the State Traffic Inspectorate is a mandatory procedure. If the algorithm of actions has been fully followed, returning the driving license will not be difficult.
But the car enthusiast must prepare for this in advance, because he will have to:
- pass an exam on knowledge of traffic rules;
- submit a certificate from a medical institution and a drug treatment clinic confirming that there are no prohibitions on driving vehicles.
Learn more about taking the exam
Without testing for knowledge of traffic rules, the driver will not be able to return his license - this is a mandatory procedure that requires preparation. The theory after deprivation gives up:
- in any unit of the State Traffic Inspectorate located nearby;
- registration for non-testing is open on the State Services website;
- the exam is carried out only on knowledge of traffic rules (as opposed to tickets, which are issued to persons who have graduated from a driving school);
- 20 questions are provided, 18 of which must be answered correctly;
- If you fail, you can be tested an unlimited number of times, every other week.
After successfully passing the theory knowledge tickets, those deprived of their rights can return them back if they have a passport, exam results, medical certificate and application. If the storage period for the documents has expired, the procedure for obtaining them is carried out a second time.
There is no point in delaying their return, so as not to complicate the whole process, and do not pay the state fee for providing the certificate (2,000 rubles for a plastic license).
If you don't pass
Most citizens do not want to give up their license, not realizing what will happen if they do not submit their license to the State Traffic Inspectorate after deprivation. Some of them resort to various tricks, others believe that if the court has already made a decision, then the period for calculating the punishment has begun, and are in no hurry to contact the traffic police.
In practice, inspectors often encounter the following situations:
- some drivers report the loss of their driving license and hand over a temporary license, but drive using their original documents;
- They don’t hand over a driver’s license, but they also don’t get behind the wheel;
- continue to drive the car, trying not to violate the rules of the driving license, and then demand the return of “the driving license that was handed in on time.”
Car enthusiasts do everything possible to not deprive themselves of their rights and drive a comfortable car. But the very fact of driving a vehicle with documents that had to be handed over after deprivation is illegal.
The best option is to hand over the ID in a timely manner to avoid all sorts of troubles. When an offender who has been deprived of his driving license by traffic police inspectors is detained, he faces one of the following penalties (Administrative Code Article 12.7.2):
- one-time fine – 30,000 rubles;
- detention for up to 15 days (administrative arrest);
- compulsory work – 100–200 hours.
Even if a citizen does not drive a vehicle while the punishment is in effect, information about the court decision obliging him to hand over documents is entered into the State Traffic Inspectorate database. You won’t be able to leave your ID unnoticed, because information about this will be provided on the official traffic police portal.
If there is a delay in the transfer of the document, neither administrative nor criminal punishment is provided for by law, but inspectors will still ask the citizen to provide an explanation regarding this circumstance.
What to do if you lose your rights
If a citizen has lost his rights after the corresponding verdict on their confiscation, then within a 3-day period this circumstance must be recorded by a division of the State Traffic Inspectorate. This procedure is carried out after writing the application.
Submission of driver's documents after deprivation must be carried out without fail. The State Traffic Inspectorate allocates only 3 days for this procedure. Missing this deadline is not considered a serious criminal act; the citizen will simply return his ID a little later.
A person has the right to challenge the decision made by the magistrate within 10 days after the meeting. During this time, he can drive a vehicle without restrictions. Using a car after a court verdict on the withdrawal of rights has entered into legal force is a serious offense, punishable by a fine of 30 thousand rubles or other punishment according to the Code of Administrative Offences.
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Source: https://AvtoZakony.com/prava/kuda-sdavat-posle-lisheniya
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