I was deprived of my driver's license in Moscow, can I take the traffic test in another region where I am currently located?, Moscow

Is it even necessary to give up the loan in the event of deprivation?

Not at all. But the only option is to write a statement about the loss of rights. In this case, of course, you cannot drive with an old driver’s license. If you haven’t lost it, then you definitely need to return it, and do it correctly.

By the way, if you suddenly decide to cheat and, having written a statement to the traffic police about the loss, continue to drive with this license, then keep in mind that in this case your period of deprivation of rights will be postponed to the date when the traffic police inspector who will stop and you show him the “lost” license, it will detect it.

This is what the Supreme Court stated in its recent Plenum Resolution:

At the same time, if a person has declared the loss of the relevant certificate, and then actually continued to use it when driving a vehicle, which is confirmed by the fact that this certificate was confiscated, the period of deprivation of the right to drive vehicles is considered interrupted and the continuation of the calculation of the interrupted period is carried out from the date of confiscation a person with the appropriate identification.

For example, you were deprived of the right to drive on January 1, 2021 for six months. But instead of surrendering your license after deprivation, you wrote a statement about the loss and continued driving. On March 1, 2021, you were stopped by a traffic police officer, you showed him this. However, he hit the base that you are deprived of. In this case, the duration of the punishment is interrupted and begins again on March 1. Thus, it will end not on July 1, but on October 27, 2021 (we do not take into account 3 days, since the interruption of the period of deprivation in any case does not include these 3 days - part 1.1. Article 32.7 of the Administrative Code).

I was deprived of my license in another city - can I return it in my own?

Deprivation of rights in another city is always an unpleasant procedure that has a small number of problems. One of these is the surrender of storage rights to the traffic police department. In the last article, we learned how to pick up your license if it is located in another city, but you have neither the opportunity nor the desire to go there. Now let’s find out whether it’s even possible to surrender our license immediately in our city if we were deprived of it in another, because such an action has much more logic behind it - we won’t have to wait for the transfer of our rights and write neither statements nor petitions for such transfer.

The very obligation to surrender your license after deprivation is regulated by Article 32.7 of the Code of Administrative Offences. To be more precise, its part 1.1, which reads as follows:

1.1. Within three working days from the date of entry into force of the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right, the person deprived of the special right must submit the documents provided for in parts 1 - 3.1 of Article 32.6 of this Code to the body executing this type of administrative penalty , and in case of loss of these documents, report this to the specified authority within the same period.

As you can see, we are obliged to hand over our rights to the body executing the deprivation order. Such a body is none other than the State Traffic Safety Inspectorate - we must hand over our license there (although, in practice, the driver’s license is often handed over in court immediately when the decision to revoke it is made). At the same time, it is not indicated which department of the traffic police you must hand over your license to and that you must turn it in in another city - the one where you were deprived. And nothing prohibits turning them over to the traffic police of any city.

Thus, if you have been deprived of your license in another city, you can hand it over in your own to any branch of the MREO traffic police department. This will significantly save time compared to if you passed your license in another city and received it in your own - sending the application and then sending it to the registration center takes a long time.

The only drawback to being able to pass your license in your city is if you don’t go there soon (and pass the license, accordingly). Remember that, according to Part 2 of Article 32.7, the period after three days is interrupted if you have not passed your license. And this period is renewed only when you pass your license in your city. If these terms are not entirely clear, let’s use an example:

On January 1, 2021, a decision was made to deprive of rights for a period of 1 year.
The period of deprivation began on January 2 (the next day after the day the decision was made)
Before January 5, you must surrender your license to the traffic police. But you decided to take them in your city, which you will arrive only on January 20th.
On January 5, the period of deprivation is interrupted until January 20. Thus, even on January 20, only 3 days of the entire period of deprivation will have passed.
On January 20, you will pass your license in your city. Then the next day the period of deprivation will resume.
On January 21 of next year, you will receive your license back after you pass the traffic rules exam, pay all fines, if any, and receive a new medical certificate if you were deprived of your license for intoxication or refusal of a medical examination.

Where should I submit my license?

After deprivation of a driver's license, you must submit it to the traffic police. The court indicates which division. You cannot simply hand them over at your place of residence (registration), if it does not coincide with the place of the violation.

This is stated in Article 32.5 of the Administrative Code:

1. A judge’s decision on deprivation of the right to drive a vehicle, with the exception of a tractor, self-propelled machine and other types of equipment, is executed by officials of the internal affairs bodies.

Look in the operative part (at the very bottom) of the decision on sentencing - the traffic police department authorized to carry out the punishment should be indicated there.

If it is not written in the resolution?

In this case, you still don’t need to simply take your driver’s license to your registration address. You have 2 options:

surrender your license after deprivation to the traffic police at the place where the decision was made (to the traffic police in the area where the court imposed the punishment),
contact the court for clarification.

A more optimal option is the second one. But in no case do not hand over your driver’s license at your registration address or where it is simply convenient for you, if these addresses are different from the place of deprivation. In this case, there is a high probability that the traffic police department in question (at the place where the violation was committed) will not have information about the surrender, and there will be problems with the period of deprivation.

If you lost your phone?

Then you need to write a statement about the loss - to the same traffic police department, which is authorized to carry out this type of punishment. If such a statement is not written, the period of deprivation will be interrupted.

How to get a license after deprivation?

A recommended order of steps will be presented, but, under certain circumstances, some of them may be performed in a different order.

Step 1. Accounting for the deadline

We have already discussed this in detail above, but two points need to be emphasized:

It is necessary to ensure that the period of deprivation is calculated (not suspended).
Calculate when 50% of this period has passed.

The latter is necessary so that you can move on to the next step.

Step 2. Traffic exam

Let us remind you that passing the traffic rules theory is now a mandatory condition for returning your license. You can pass the exam after half the period of deprivation has expired . Unfortunately, this does not mean that the rights will be returned earlier, but this fact makes it possible to use several attempts and arrive at the required date with a finished result.

The exam (test) itself is in many ways similar to what is taken when you first receive a driving license, but it also has its own characteristics. All details of retaking the license are described in this material. In a truncated version, we recall that:

To participate in the exam, you must write an application.
You will be given 20 minutes for 20 questions.
No more than 2 errors are allowed, for each of which an additional five questions will be given.
The result is recorded on the examination card, which is one of the mandatory documents for returning the licence.

It is important that the number of attempts is not limited, but the next retake is possible no earlier than 7 days after the previous one.

Step 3. Medical commission

Passing the commission is not necessary in all cases after deprivation of rights. This range of situations is clearly outlined by the above-mentioned Rules for the return of military license after deprivation. Passing a driver's medical examination is necessary only in cases where the following articles apply:

Part 1 of Article 12.8 of the Code of Administrative Offenses (driving while intoxicated);
Part 1 of Article 12.26 of the Code of Administrative Offenses (refusal of medical examination);
Part 3 of Article 12.27 of the Code of Administrative Offenses (use immediately after an accident).

In other words, a medical certificate, as a mandatory document for the return of rights, is required only in cases of deprivation of a driver's license associated with "drunkenness."

Step 4. Determine what documents are needed to obtain rights

After the full expiration of the deprivation period (no earlier than the next day), the violator has the right to apply to the traffic police for his rights. To do this, you must provide a list of documents:

passport;
a copy of the decision on deprivation of rights;
medical right for VA (if necessary);
exam card with positive results of passing the traffic rules;
confirmation of payment of fines (if they were issued);
applications for the return of the driver's license.

About the latter in a little more detail. The application form can be obtained from the traffic police department or downloaded from our website.

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However, this is an indicative sample; it is acceptable to draw up the application by hand. The main thing is that the document on the return of rights reflects:

Name of the traffic police department.
Driver details (passport, driver's license, contacts).
Reasons and grounds for deprivation of rights (resolution number).
Date, signature.

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Dmitry Konstantinovich

Expert of the site "Legal Consultant"

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Information about the driver and the court order must be entered with detailed accuracy - any mistake may become grounds for rejection of the application for issuing a license.

Step 5. Contacting the traffic police and obtaining rights after deprivation

With the collected package of documents, they go to the traffic police department where the license is stored (where they were handed over). However, if your license is located in another city or region, you can contact the traffic police one month before the end of the deprivation period with a written application to transfer the license to the local office.

hodatajstvo-o-perevode-vu-v-mestnoe-otdelenie

If the request is considered and a positive decision is made, the certificate will be sent to the specified location. The issue of returning rights must be considered on the day of application.

This completes the process of returning the license, but you need to pay attention to two more important aspects: the maximum time limit for applying for a license and the costs that the driver will incur.

How to give it away correctly?

When handing over your license, you must have proof of this. Most often, when accepted into the traffic police, you:

or put a mark of acceptance in the second copy of your application if you submit it in writing,
or they give an act of transfer of a driver’s license (the name of the document is not regulated by the legislation of 2021, and therefore it may be different, but the essence does not change).

Be sure to make sure that you have a document confirming the delivery of your driver's license with a stamp and signature of a traffic police officer. Otherwise, when you receive a license at the end of the period of deprivation, you may be in for a surprise with an interrupted period of deprivation.

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

The classic rights return scheme looks like this:

We submit an application to the traffic police department at the place of deprivation.
We sign up for the theoretical exam and take it on the appointed date. Practical driving skills are not tested.
If you have a complete package of documents, we will collect your driver’s license.

The scheme for returning licenses for those revoked for refusing a medical examination and using drugs or alcohol (including while waiting for a traffic police crew) looks like this:

We submit an application to the traffic police department at the place of deprivation.
We sign up for the theoretical exam and take it on the appointed date. Practical driving skills are also not tested.
We are undergoing a medical examination. A visit to an ophthalmologist, general practitioner, neurologist and ENT specialist is mandatory. A certificate from a narcologist and psychiatrist is required. The examination document is valid for one year from the date of receipt. You can choose any clinic, not just the one at your place of permanent registration.
If you have a complete package of documents, we will collect your driver’s license.

To save time, it is permissible to take the exam and undergo a medical examination before the expiration of the deprivation period. According to the law, the license must be returned on the day of application if all necessary documents and certificates are provided.

Important note!

This article provides basic information, but each case is different.
In 92% of all situations there are important nuances that can affect the outcome of the entire case.
An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

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or consult toll-free (Moscow), (St. Petersburg), 8 (all of Russia).

The procedure for submitting documents

In order to independently submit a driver’s license to the appropriate institution, you must use the following algorithm provided by law :

A protocol is drawn up against the violator, according to which he is deprived of his rights.
A package of documents is drawn up by the offender himself.
The offender must appear at a government agency within the prescribed period.
An application for surrender of rights to a government agency is drawn up.
The offender hands over the documents to the employee.
He is waiting for the period established by law until he can again receive his documents and drive a vehicle without restrictions.

Depending on the situation around the driver and his violation, some points may be added to this step-by-step algorithm, so studying it should be approached individually.

Where should the driver contact?

Not many drivers know where to go to fulfill their civic duty, in accordance with the Code of Administrative Offenses. Until September 2013, drivers did not bear the responsibility of handing over a document to drive a vehicle themselves. The traffic police did it for them.

But the situation has changed. More information about the answer to this question can be found on the traffic police website in the “questions and answers” section. As a rule, the bodies responsible for the execution of punishments are considered to be the traffic police department or the Magistrate's Court .

Only after the court hearing, the person recognized as an official must explain to the driver who has been deprived of his license where the driver’s license should be taken.

But most often, drivers of violators ignore legal processes . Most often, this happens if the driver was detained by employees in another region or city of residence.

In order to understand where a document should be included, you should adhere to one simple rule. The driver can submit his driver’s license to the traffic police department where it will be as easy and convenient for him to get the document back, even if you live in another city. As a rule, this is a traffic police department near your immediate place of residence.

When can this be done?

The utmost attention should be paid to timing in this regard. Not many drivers are aware that there are rules for timely submission of documents to the traffic police department. And unfortunately, delay and failure to meet deadlines can play a cruel joke.

Before a citizen must submit his license to the traffic police, it is necessary to provide for all the steps that precede the filing procedure itself :

First of all, the traffic police officer who detained the violator must draw up documents and then submit them to the court within three calendar days.
The judge must then carry out an analysis by considering all the circumstances of the case.
The driver can take advantage of his opportunity to appeal the decision made against him. 10 calendar days are given for this. In this case, the question of the period of deprivation will begin from the moment the decision made by the last court comes into force. Read about how the trial for deprivation of a driver's license takes place in our article.

The Code of Administrative Offenses in Article 32.1 invites citizens to meet a deadline equal to three calendar days from the moment when a decision to deprive a citizen was made.

It is up to the driver to decide whether to wait three days and deliver the documents at the last moment or to fulfill his duty immediately.