How long is a driver’s license revoked and how is it calculated? What are the terms of deprivation of rights: maximum and minimum? According to Russian administrative law, deprivation of a driver's license is the most severe punishment imposed for the most serious offenses. Depending on the severity of the act, rights can be lost for a period of 1 month to 3 years (for driving while intoxicated, or for transferring control of the vehicle to a person who is intoxicated).
The most common questions asked by drivers whose licenses have been taken away are: “From when should the period of deprivation be counted?” and “When will the license be returned?”
At what point does the period of deprivation of rights begin?
In a situation where a driver is stopped by a traffic police officer, or when an accident occurs, according to the law, he draws up a protocol in which he indicates the act committed by the offender for violating traffic rules, and indicates the article of the Code of Administrative Offenses of the Russian Federation, which provides for liability.
The protocol drawn up by the police officer, with all the collected materials, is sent to the court at the place where the offense was committed within 3 days. Next, the judge sets a date for the hearing. As a general rule, with proper notification of the culprit, the judge can consider the case alone, without the presence of the driver.
Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation states: “The period of deprivation of a driver’s license begins from the moment the relevant court decision enters into legal force.”
At the same time, if the driver does not agree with the decision, he has 10 days to appeal it in a higher court. (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline for appeal was missed for a valid reason, you should file a petition to renew the deadline.
Many drivers use this right, thus delaying the surrender of their license.
The complaint is submitted to the magistrate who made the decision, and is considered in the district/city court. Car owners often make the same mistake - they write a complaint in order to “just write”. But to effectively resolve the case in their favor, you should very carefully analyze the case materials, including procedural acts, and only then draw up a reasoned complaint.
The case is considered within 2 months, as a result of which the decision remains in force, is changed, or is canceled. In a situation where the decision of the magistrate does not change, the decision immediately comes into force.
If, in this case, you remain dissatisfied with the decision, then supervision remains - the regional court.
The deadline for contacting the supervisory authority is established by law. Therefore, if you missed the appeal period, you can safely contact the supervisor. The only thing is that during this period the decision of the magistrate will be considered to have entered into force and therefore you cannot drive a car.
Important!
In accordance with recent changes in laws, the driver must now independently surrender the license after the court decision enters into legal force. Previously, traffic police officers took away licenses at the scene of the offense.
In this case, the period is calculated only after the said decision comes into force and a copy is received by the person in respect of whom it was issued. Thus, the period of time given by law for appealing a decision postpones the sanction by another 10 days, if the driver was present at the court hearing and a copy of the decision was issued to him immediately. If a copy was sent to the driver by mail, then the period of deprivation may begin two weeks later, when a registered letter arrives.
It is also worth considering the fact that the driver, after receiving a copy of the court decision and its entry into legal force, is obliged to surrender his driver’s license within three days in accordance with Article 32.7 of the Code of Administrative Offenses of the Russian Federation. The driver's license is handed over to the territorial division of the traffic police, since it is this body that is obliged to execute the judicial act by which the citizen was brought to administrative responsibility. Only then does the period of deprivation of the special right begin to be calculated again.
Lifetime disqualification
Such punishment is used very rarely, however, such a sanction is provided for by law. To be deprived of documents for life, the driver must commit an accident that resulted in the death of one or more people. Then, as a result of the court hearing, a decision may be made to permanently deprive the person of the right to drive.
Another reason for such severe punishment is mental illness. They can be identified during a medical examination of the driver.
Having found out from what moment the period for depriving a person of a driver’s license is calculated, it turns out that the driver has time to appeal the court decision. Therefore, lawyers advise to cooperate with the investigation and be sure to attend the court hearing.
When does the period of revocation of a driver's license end?
The day when the period of deprivation expires and you can finally get behind the wheel again is eagerly awaited by all motorists who, for one reason or another, were deprived of a special right.
The period ends exactly after the time period for which the driver was deprived.
After the court ruling comes into force, the countdown of the period for deprivation of the special right begins. In this case, the starting point may vary depending on whether the decision was challenged or not. If the decision has not been challenged, then to the date of the decision it is necessary to add the period established by law for challenging it, which is 10 days. In the case where the decision was challenged to a higher authority, the beginning of the period will be considered the date when the court issued a decision on the decision of the court of first instance.
Important!
If the driver does not surrender his license to the territorial traffic police office, the period of deprivation is interrupted. Consequently, the end of the period of deprivation also increases.
Thus, in order to determine the expiration date of deprivation of a driver’s license, the period for which the driver is deprived of a special right should be added to the start date of the deprivation period.
Calculation of driver's license return date
It is equally important to correctly set and calculate the time when it will be possible to return the ID. This comes out quite easily:
- First of all, determine the start date of the punishment.
For example, the offense occurred on January 1, the court hearing took place on January 20, and the final court decision was appealed to higher authorities until February 18. Moreover, the period of deprivation of rights is three months. In this situation, the start of the punishment is February 18th.However, when the decision is not contested, the start of deprivation of the certificate is January 30 (January 20 + 10 days for appeal). In the first option, the end of the sentence ended on May 21, and in the second - on May 1.
- You should also count weekends; therefore, the period for obtaining rights may drag on for a certain period.
- Also, do not forget that the time for deprivation of a certificate is postponed until the offender receives a copy of the order for the administrative crime proceedings. In this situation, the calculation begins not on the day the court hearing took place, but from the moment the decision is received.
It follows from this that the process of depriving a driver of a license has a large number of nuances, even in the timing
. For this reason, it is necessary to take into account all existing difficult points and perform calculations based on them.
How long will a driver's license be revoked?
According to the current legislation, Article 3.8 of the Code of Administrative Offenses of the Russian Federation establishes that the period of deprivation of a driver’s license cannot exceed three years, but the minimum limit is one month.
Minimum period of deprivation of rights
The law clearly defines the cases when a driver is subject to administrative punishment in the form of a fine for violating traffic rules, and when he is deprived of a special right. First of all, it determines the fact how serious the offense committed is. Therefore, the minimum period for deprivation of a driver's license is 1 month.
Maximum period of deprivation of rights
The maximum period of deprivation of a special right should not be more than three years, but this rule applies to one offense committed. The driver may commit several administrative offenses, for which liability is provided in the form of deprivation of a driver’s license, and therefore the period of deprivation may not be several months or three years, but more than five, in other cases, ten years. It all depends on the seriousness of the violation committed.
Period of deprivation in case of loss of driving license
A separate topic is calculating the period of deprivation if a driver’s license is lost. Specifically, if a driver loses his driver’s license, he, accordingly, has nothing to hand over and then the period of deprivation will not begin.
To solve this problem, you need to fill out an application for loss of your driver's license. The application can be submitted in any form. After filing a statement about the loss, the traffic police will begin to calculate the period of deprivation. When the existing period of deprivation ends, the person receives.
Procedure for calculating the period of deprivation of a driver's license
The procedure for calculating the period of deprivation of a special right is regulated by law and includes:
- determining the beginning of the period of deprivation of the driver's license;
- determining the period for which a person is deprived of a special right;
- determining the end of the period of deprivation of the driver's license.
How is the period of deprivation of a driver's license calculated - example
In order to correctly calculate the date of return of a driver’s license, we will give a more detailed example indicating the calculation rules:
- Let's find out the start date of the period of deprivation of a driver's license. If the protocol on the violation was drawn up on September 1, and the court issued a decision on the administrative offense on September 19, then two scenarios are possible:
- the decision was not disputed, the driver received a copy of the decision in his hands after the court hearing, then by September 19 we add 10 days (the right to appeal) - we get the start date of September 29;
- The decision was challenged in a higher court on October 17, so the period of deprivation begins on this day.
- The period of deprivation of a driver's license is 1 month;
- The end of the period of deprivation is calculated as follows: we add 1 month to the start date of the period and with the two options given we get:
- September 29 + 1 month = October 30 expiration date for deprivation of a driver’s license;
- October 17 +1 month = November 18 is the expiration date for revocation of a driver’s license.
It must be remembered that the start of the deprivation period may be delayed if the driver has not received a copy of the court order. Thus, the period will begin to count from the moment the driver receives a copy of the specified resolution.
When does the period of deprivation of a driver’s license begin if the license is in hand?
When a court makes a decision to deprive a driver of a special right for a certain period, it begins to be calculated from the moment a copy of this decision is received by the person in respect of whom it was made. But what to do if the driver has not submitted his license to the territorial traffic police office?
According to the law, the driver has three days to surrender his driver’s license after the court has issued a deprivation order and it has entered into force. If he does not fulfill this obligation, the period of deprivation is interrupted.
Important!
Evasion from submitting a driver's license or failure to comply with the three-day deadline is a violation of Art. 32.7 Code of Administrative Offenses of the Russian Federation. For such an unlawful action, a sanction is provided, which is expressed in the interruption of the period of deprivation of a driver’s license for the entire period of evasion of this obligation.
Didn’t surrender your license after being deprived for good reasons
Whatever the reasons, valid or not, the period of deprivation will be interrupted if the driver has not surrendered his license to the territorial traffic police office. The period will resume as soon as the VA is passed in accordance with the law.
Important!
If the driver does not surrender his license within 3 days after the decree comes into effect, the period of deprivation is interrupted. To renew it, you must surrender your license as soon as possible. There is currently no statute of limitations for revocation of a driver's license.
If your ID is lost, you should definitely write a statement about it to law enforcement agencies. Only upon receipt of an application will the period of deprivation of special rights be resumed.
How is the period of deprivation of rights calculated correctly for the second deprivation?
According to clause 3 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, if the driver was deprived of his driving license and was given an administrative penalty in the form of deprivation of his license, then the period of deprivation begins from the next day when the first period of deprivation of his driver’s license ends.
Deprivation procedure
It is not enough to know when the period of deprivation begins. Drivers, especially young and inexperienced ones, need to know how the procedure for revoking a license occurs:
- The traffic police officer records violations in the protocol. Further, he has the right to withdraw his license by issuing a temporary certificate in return. Until the court makes a ruling, the driver can drive using this document. Rights may not be taken away immediately.
- Next, a commission is appointed, which decides what will happen to the violator. The rights may not be taken away, but a fine may be imposed. They may also submit documents to the court. Here, much depends on the severity of the offense committed.
- The case in court takes about 2 months.
Much depends on whether the driver was at fault for violating traffic rules and how the inspector will react to this. Therefore, drivers need to know the following:
- It is imperative to properly explain to the inspector your position on this issue. You should not go into conflict, as this will only aggravate the situation. If the accident was caused by another driver, then it is in the person’s interest to prove this on the spot.
- Be sure to read the protocol. Otherwise, it will be difficult to appeal later.
- If the protocol states that the driver will be deprived of his license for violating traffic rules, he must write an explanation about his behavior on the road. You can also file a complaint against the actions of the inspector.
- If the situation worsens, be sure to film the area on your phone in all details. It is advisable to attract witnesses who can then speak in court. Relatives will also come up, as long as they are at the scene at the time of the accident.
Are the terms of deprivation cumulative?
If the driver has violated several traffic rules, administrative liability for which provides for punishment in the form of deprivation of a driver's license, both before the court ruling on the deprivation of a special right and after, the terms for them are summed up and the period of deprivation for each offense runs one after the other. to others. For example, if a driver was deprived of the right to drive a vehicle for a month, and for another offense - for a year, the next period (annual) will begin to be calculated only after the end of the first.
Reducing the term
Knowing when the period of deprivation of a driver's license begins, it is much easier for a traffic violator to achieve its reduction. There are situations when a driver can be met and have his sentence reduced. Much depends on how a citizen behaves. If he does not hide and helps law enforcement agencies, then this can be taken into account as a mitigating circumstance.
Although admitting his guilt, the driver can nevertheless seek help from a qualified lawyer. He will help collect evidence that can reduce the period of revocation of a driver's license. But if a citizen has already been deprived of his rights for such an offense before, then it is unlikely that it will be possible to mitigate the punishment .
