Is the new law on retaking traffic rules when replacing a license true?

Is the new law on retaking traffic rules when replacing a driver’s license true?

No. There is no such law as of May 23, 2021. But rumors about the possible introduction of a mandatory test of traffic rules knowledge when changing licenses are not without their roots - back in early 2021, the first rumors about such a change in the procedure for changing licenses appeared on the Internet.

The basis for the appearance of such rumors was the initiative of the Union of Driving Schools of Russia, which proposed such an idea to the government. Later, the head of the traffic police supported the idea. But this remains at the level of proposals for now.

For 2021, there is no law on mandatory re-examination when replacing licenses after expiration.

In particular, passing an exam is not required when replacing a device for the following reasons:

• if the validity period of the rights, which is 10 years, has expired,
• when changing rights due to a change of surname (marriage) or other personal data,
• if the old driver's license has become damaged, lost, stolen, and so on.

Is an additional exam required for knowledge of traffic rules?

So, at the moment, the bill on the mandatory retake of the traffic knowledge exam when exchanging a driver’s license has not been adopted. Certificates are issued according to the old rules, without significant changes to the procedure.

Nevertheless, there is no smoke without fire, the ATS proposal has been postponed, but, as practice shows, not forever. Sooner or later, the bill will come to light, albeit in a slightly modified form. How urgent is the need to change the existing procedure for exchanging driving documents?

It should be noted that the State Duma’s consideration of procedural changes for the exchange of licenses aroused positive emotions among a certain part of car owners, which is understandable - traffic rules are changed too often, and many drivers do not follow the innovations, which leads to conflict situations on the roads and accidents.

In addition, people, having not encountered this or that situation for a long time, simply forget the Rules over the years of driving. Theoretically, this law should solve both problems, but we have to take into account such phenomena as Russian bureaucracy and corruption, which change the rules at their discretion.

But where are the proofs?!

It's easy to prove! The rules for issuing a driver's license today are regulated by Government Decree No. 1097 of the Russian Federation, a quote from paragraph 29 of which says the following:

29. The issuance of a Russian national driver's license to replace a previously issued Russian national driver's license is carried out without passing exams and in the following cases:

• a) upon expiration of the driver’s license;
• b) when the personal data of its owner contained in the driver’s license changes;
• c) if the driver’s license has become unusable for further use due to wear, damage or other reasons and the information specified in it (or in part of it) cannot be determined visually;
• d) upon receipt of an application for the loss (theft) of a driver’s license;
• e) when confirming that the driver of the vehicle has changes in health, including previously undetected medical indications or medical restrictions on driving a vehicle;
• f) upon the will of the applicant before the expiration of the driver’s license.

You can read the current edition of PPRF No. 1097 at the link and, most importantly, check for new editions with changes on the procedure for passing the traffic rules exam when replacing your license according to the diagram below.

Another confirmation is the order in which such changes come into force. All of them must be published on the government portal. If you do not find such a publication in a search (you need to look for government regulations on making changes), then the change in the mandatory test of traffic rules knowledge has not been introduced and will not be introduced in the near future, and a retake is not necessary.

Cost of the traffic police exam

A repeat exam on knowledge of traffic rules is a free event, regardless of the reasons for testing, which also applies to retakes scheduled after an unsuccessful pass.
Result:

• a retake of the traffic rules knowledge exam is assigned to all drivers who have been deprived of their license;
• testing is allowed after ½ of the withdrawal period has expired;
• exams are taken at regional examination offices of the State Traffic Safety Inspectorate.

There is no need to pay for the exam, and the number of retakes is unlimited.

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.

Ask a Question

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

When is it time to change your driver's license?

The grounds for applying to the traffic police for a new license are listed in the law; every driver should know them:

• expiration date (validity period from and to is indicated at the bottom of the plastic form);
• change in personal data (first name, last name, patronymic);
• loss or unreadability of the device (depressurization, creases, abrasion);
• change in health status (for example, deterioration or correction of vision, disability);
• opening a new category.

A new clause has been added to these reasons for replacing a driver’s license, which is also valid in 2021

• expression of the owner’s will without specifying reasons (for example, he doesn’t like the photo or the quality of printing on plastic, ID number, etc.).

Many people neglect the points about health or changing personal data, which is in vain. Explanations like “didn’t have time” or “didn’t know” are not mitigating.

When is the exam required?

In 2021, there are only 3 official situations when obtaining a driver’s license goes through traffic exams:

1. you will have to take an exam if you receive your license after deprivation (it does not matter whether you previously lost your old license or it is stored in the traffic police),
2. this will also be required when obtaining a driver’s license for the first time in your life,
3. your knowledge of the traffic rules will be checked by the traffic police if you exchange a foreign license for a Russian one

This is an exhaustive list of reasons when you have exams and you will definitely have to answer the questions on the tickets correctly.

Exam after license withdrawal

For serious violations (for example, for driving while intoxicated, for overtaking through continuous markings, or for violating the rules for passing railway tracks), the driver may be deprived of his license. Only the justice body is authorized to do this (Part 1, Article 3.8 of the Code of Administrative Offenses).

As soon as the verdict comes into legal force, the period of confiscation will begin (Part 1, Article 32.7 of the Administrative Code). The driver must give his driving license to the traffic police before the expiration of 3 days from the moment the decision enters into legal force (Part 1.1, Article 32.7.). If this is not done, the period will be interrupted.

As soon as the period for cancellation of the driving license has passed, it can be taken back from the traffic police, but only if the requirements specified in part 4.1 are met. stat. 32.6. Code of Administrative Offenses, namely:

• pass a theory exam;
• pay all fines for violations;
• and if you were deprived of your license for “drunkenness” or for refusing a medical examination, then also obtain a medical certificate 003-B/u.

Attention! It will be possible to return your rights after deprivation after passing the theory in the same order in which it is taken in other situations (that is, the date and time of the exam are also set, you need to answer 20 questions in 20 minutes, etc.).

How to change your driver's license after the expiration date without retaking the traffic rules?

To replace your license if its 10-year service life has reached, you will need 5 documents:

• Your passport,
• old driver's license, if available,
• certificate of passing a medical examination,
• statement,
• receipt of payment of the state duty for replacement.

As we have already indicated above, the change of rights due to the expiration of their validity period occurs without a mandatory test of knowledge of traffic rules in the form of a theoretical exam. This can be done in any division of the MREO traffic police, not necessarily at your registration address, as well as in the MFC.

You can submit an application through State Services. To do this, go to the appropriate page, fill out the form that opens, select a convenient time and address to visit the State Traffic Inspectorate and pay the state fee at a discount (1,400 rubles, 2,000 without a discount).

By the way, on the same page at the end you can see another “proof” - here it is indicated whether exams will be a mandatory component for replacing the right upon expiration.

You can also undergo a medical examination anywhere, but there are some subtleties here. Despite the fact that in 2021 you can legally obtain a medical certificate to replace your license in any institution (licensed, of course), it is better to obtain a certificate from a narcologist and a psychiatrist-narcologist at your registration address in a municipal institution, since it is (illegal) otherwise a change of driver may be refused.

Can I change it ahead of time?

Yes. In any case, a driver's license can be replaced before its expiration date. At the same time, there are no restrictions on the period, how much is left until the end. But here it is important to take into account 2 more subtleties:

• if you do not bring a medical certificate, then you will be given a new license for the same period as the old ones (for example, if the old ones have six months left until the end, then the new ones will have the same six months),
• If you pass a medical examination for your license and provide a certificate, you will be given a new license for another 10 years.

What if I’m late with a replacement?

Nothing bad will happen if you don’t drive. There is no penalty for the mere fact of being late with a replacement, because a driver’s license is not a mandatory document for all citizens. You just won’t have anything to prove your right to control. And you can apply to the traffic police to replace your license (you also don’t need to pass exams on knowledge of traffic rules) at least 20 years after the end of the previous ones - there is no delay in this matter and there cannot be, according to the law in force for 2021.

What will happen if there is a delay in replacing the license?

The same resolution in paragraph 35 tells us that a driver's license is considered invalid and is subject to cancellation if its validity has expired. But there is no penalty for late replacement of rights. There is only a fine for driving a vehicle with an expired license, in which case the right to drive is lost. This fine is regulated by Part 1 of Article 12.7 of the Administrative Code and ranges from 5 to 15 thousand rubles.

In general, you can do whatever you want with an expired license and live as long as you want - the main thing is not to drive.

When will they introduce and will they even introduce exams for replacing licenses?

There is a possibility of this, and it is quite significant. This could happen in 2021 as well. We monitor changes and update the article to update it.

There are two reasons for the initiative to retake the traffic rules every 10 years (excluding the financial benefit of the driving school union itself as the initiator):

• Traffic regulations change several times a year; so, many drivers are not even aware that, for example, the circle throughout Russia is the main road even without signs, and with regard to the attitude of car drivers to cyclists, the Rules have been completely changed;
• in 10 years, any person will forget the rules of the road - especially against the backdrop of the fact that more people drive on the roads “by convention”.

But it is still too early to say that checking traffic rules when changing drivers will be introduced in the near future.

When to change permissions

In the Russian Federation, domestic (national) and international driving licenses are issued. The former operate within the country, the latter are needed abroad.

Domestic driving licenses are issued for 10 years, international ones – for 3 years. After this period, the document must be changed. Important: if your domestic driver's license is expired, your international driver's license is also invalid.

You can submit an application for a replacement license in advance (previously this was only allowed if you lost your license or had it stolen, as well as when you changed your last name). When you are issued a new certificate, the old one will be canceled.

The validity period of the new document due to the expiration of the old one is calculated from the moment of issue. The date of the planned replacement of rights is indicated on the document itself.

Replacing an expired driver's license in 2021

It will be most convenient for each driver to familiarize himself in advance with the rules for issuing a driver’s license in the event of its renewal due to its expiration.

The fact is that during registration, traffic police officers often ask you to submit certificates or other papers that do not need to be submitted by law, according to the regulations established by law.

For example, there is no need to pass exams, but some territorial traffic police departments request a certificate of completion or a driver’s card from a driving school when exchanging a driver’s license. The driver has every right to refuse to provide such a document, citing laws.

What do you need from the documents?

In case of a simple replacement of a driver’s license due to its expiration, a certificate of passing the driver’s exams is not required.

Such a document may be needed only in some cases, when by law the driver is required to take exams when updating his driving license. But it will be necessary to submit a certificate of passing a medical examination.

And for this you will first need to first visit all the doctors, get a certificate in hand, and then just prepare a general package of papers.

All papers are prepared with pre-made copies. Help in case of an accident? The peculiarities of copying a passport today are that it is necessary to make copies of all pages, even those that are not filled out.

In general, the package of documents for updating a national driving license consists of the following key items:

• an application stating a request for the issuance of a new driver’s license due to the expiration of the previous similar document;
• passport of a citizen of the Russian Federation (or other identity document);
• passport of a non-citizen of the Russian Federation (if the driver is not a resident of the country);
• old driver's license of a citizen of the Russian Federation, which should be changed;
• a driver's license of a foreign person who has received a national Russian license, which is now expiring;
• national foreign driver's license for non-residents of the country;
• certificate of passing a medical examination (including non-residents of the country);
• certificate of registration of a citizen, his temporary or permanent registration of place of residence;
• photographs (today they can be easily taken right at the traffic police department);
• a receipt indicating payment of the state duty.

The need to renew a Russian driver's license issued to a foreign person arises only when its validity expires.

When personal data changes or other reasons arise, then they talk about replacing the username. Foreigners are issued Russian-style automobile licenses for the period for which they have the right to legally stay on the territory of the Russian Federation.

When the period of stay of a foreign citizen expires, the period of the car license issued to him automatically expires. This is when foreigners need to change their ID.

Note! From 06/01/2017, all foreigners who legally enter the territory of the Russian Federation, as well as legally stay on it, are required to reissue their national driver’s licenses to Russian ones.

This needs to be done only by those foreign drivers who intend to work in Russia as drivers and earn income from this activity.

This is stated in legislative act No. 92-FZ dated 05/07/2013, some provisions of which came into force on June 1, 2021.

Find out where to translate your driver's license from this information.[/link]