“If Milokhin started driving without a license, he needs to be jailed for 15 days”

• July 22, 2018
• Automobile law
• Marina Lobacheva

Deprivation of rights is a certain punishment applied to drivers who violate important points of traffic rules. The period of deprivation may vary significantly depending on the violations identified. During this period of time, it is not allowed to drive a car, as this can lead to truly negative consequences. But many drivers still think about the possibilities of using a car if they have been deprived of their license. How to drive legally or illegally? Many drivers have certain tricks that allow them to still use the car for its intended purpose, and at the same time they are not held accountable by traffic inspectors.

Is it possible to drive a car without a license?

Many drivers think about how to drive if their driver's license has been revoked. Driving a car without a driver's license is a serious offence. Deprivation of rights is ordered exclusively by the court, after which the document is confiscated from the citizen for a specified period of time.

The license is located in a specific traffic police department, so you are not allowed to drive the car. But even under such conditions, many drivers use certain tricks through which they drive cars without being held accountable.

In what cases is the use of foreign rights prohibited?

Federal Law “On Road Safety”, Article 25, paragraph 13:

13. It is not allowed to drive vehicles on the basis of foreign national or international driver’s licenses when carrying out business and labor activities directly related to driving vehicles.

The provisions of this paragraph do not apply to citizens of the Kyrgyz Republic, as well as citizens of states whose legislation establishes the use of Russian as the official language, carrying out business and labor activities on the territory of the Russian Federation, directly related to driving vehicles.

Thus, a person cannot work as a hired driver or be an individual entrepreneur driving a vehicle (engaged in transportation) if he does not have a Russian national driver’s license.

Note. Starting from July 26, 2021, citizens of some countries have the opportunity to work in Russia with foreign rights:

Countries whose citizens can use foreign rights

Driving personal transport, as before, with a foreign driver’s license is possible:

12. Persons permanently or temporarily residing or temporarily staying on the territory of the Russian Federation are allowed to drive vehicles on the basis of Russian national driver's licenses, and in the absence of such - on the basis of foreign national or international driver's licenses, subject to the restrictions specified in paragraph 13 of this articles.

Note. Foreign licenses cannot be used in the Russian Federation if the driver has a Russian national driver's license or has previously received such a license. This issue is discussed in detail in the article “Foreign driver’s license for a citizen of the Russian Federation.”

Legal ways

If you have been deprived of your license, how can you drive without violating the law? There are some legal ways to use a car to get around. These methods include:

• Using a taxi. This method is expensive and rarely used, but if a citizen urgently needs to get to some place, then calling a taxi is considered the ideal solution.
• Delaying the deadline for handing over the certificate. The period of deprivation of rights begins from the moment the certificate is provided to employees of a specific traffic police department. If the rights are not transferred to storage for a long period of time, then they are valid, so they can be used, but the period of deprivation of the certificate will not begin. But literally in a month the motorist may be put on the wanted list.
• Going on a business trip. If a citizen uses a car for work, he can prove through the court that he cannot remain without a license for a certain period of time. It is advisable to take a document at the place of work confirming that the citizen must go on a business trip in his own car. If the need for the document is proven in court, the judge may postpone the trial for 15 days. If the traffic police officer who compiled the protocol is not present at the meeting at all, then this period may increase. But after a set period of time, you will still have to give up storage rights.

If you know how to drive a car if you have been deprived of your license, then you can use legal methods to delay the moment when a citizen loses his license. But all these methods are temporary, so most car owners use special tricks that allow them to drive a car without a license.

Using a car without a license

How to drive while deprived of your license? Some car owners cannot give up driving, so they use the car even without a driver's license. In this case, they simply hope that the traffic inspector will not stop them. How to drive if your license has been revoked? To reduce the likelihood of a car being stopped by a traffic inspector, it is recommended to take into account certain rules and features. How to avoid getting caught without a license? The nuances are taken into account:

• Violating the speed limit is not allowed.
• It is recommended to stay in the left lane.
• No rules are violated while driving, so signs, markings and other elements on the road are taken into account.
• If the traffic inspector stopped the car without any violations, you should first inquire about the reason for the stop. Since if it is missing, the driver may refuse to provide the document. Moreover, such actions often lead to the fact that the traffic police inspector releases the car owner without checking the license.

If the traffic inspector insists on obtaining a license, you will have to admit that you do not have one. This will lead to the imposition of additional punishment, and often the term of imprisonment will be increased altogether.

If you don't have your license

Driving a car without documents that the driver is required to carry with him, including without legal rights, is punishable under Article 12.3 of the Code of Administrative Offenses of the Russian Federation (Part 2).

The sanction for this violation is very lenient - 500 rubles or a warning from the traffic police officer. Even if you receive a fine, you can pay it with a 50% discount, that is, giving the state only 250 rubles.

But it is worth remembering that if you are driving without a driver’s license, traffic police officers may require confirmation of your identity - to check the data on your right to drive a car using the database.

Ideally, you will need a passport for this. And although one can often find indications of the illegality of such a requirement - the traffic police inspector has the right to establish the identity of the driver when it comes to suspicion of committing an offense - this is directly stated in the Federal Law “On the Police”.

In this case, the absence of a driver’s license will be considered an offense, since this action falls under the above-mentioned Part 2 of Art. 12.3 Code of Administrative Offenses of the Russian Federation. Refusal to identify yourself may result in your detention on legal grounds (more details).

When checking the database, the traffic police inspector will also make sure that:

• The driver's license is not expired, its validity has not expired;
• The driver is not deprived of the right to drive;
• The driver has a current driver's license of the required category.

Therefore, any attempt to hide the lack of a license to drive a car will turn out disastrously for you and you will receive punishment to the fullest extent of the law.

Obtaining a certificate in another region

If your license is revoked, how do you drive? Legal methods usually do not give the desired result. Therefore, many car owners decide to obtain a license in another region, keeping silent about the fact that they were deprived of this document. This procedure has some difficulties. Features of the process include:

• even if you manage to deceive the traffic police officers, it is impossible to save yourself from search engines with the help of new rights, since the traffic police database in any case contains information that a particular citizen has been deprived of his ID;
• if it turns out that a citizen has registered another right, this may become the basis for bringing him to criminal liability;
• in another region you will have to write an application for a certificate indicating that your license was lost or stolen, which is false information.

Drivers who resort to this method run a high risk of being caught. For them, the punishment is significantly tougher. Therefore, you can get rights in another region, but using them is really dangerous.

What vehicles require a license?

Now let's look at common vehicles that you will need a special license to drive. Obviously, we won’t consider cars - they always needed a license and there can be no controversial issues here.

Motorbike

To drive motorcycles you need a license of category A or subcategory A1:

• "A" is required if you are riding a motorcycle with a displacement of more than 125cc,
• "A1" for motorcycles with engine capacity less than 125 but greater than or equal to 50.

Please note that according to the text of the traffic rules, three- or more-wheeled motorcycles, various types of tricycles with a motorcycle seat and steering, and if their weight does not exceed 400 kg, are covered with the same technical characteristics.

Scooter and moped

Contrary to increasingly thinning opinions among scooter enthusiasts, these vehicles require a license. Moreover, absolutely any category:

• “M” is a special category of license for the ability to ride scooters and mopeds, it can be obtained from the age of 16,
• “A1” – this category can be driven from the age of 17,
• all other categories of rights provide the opportunity to drive this transport from the age of 18.

Scooters and mopeds include two-wheeled vehicles with an engine capacity of up to 50 cubic meters (up to 49.9 cubic meters, at 50 you can no longer drive) and with a maximum speed of up to 50 km/h.

ATV

But for ATVs and similar vehicles, designed, like pit bikes, for off-road driving, a tractor category driver’s license is required. This is a very controversial point, but law enforcement practice in 2021 suggests that if you are caught both on the road and on the ground, you will be fined for lack of driving rights.

Therefore, if you are asking the question “Can I ride an ATV without a license,” then the answer is no, you cannot.

Using someone else's document

Many car owners think about how to drive on someone else's license. This method is most often used by people who have siblings with a similar appearance. In this case, you can use someone else’s ID, since the appearance of each person can change significantly over time.

In practice, there have been situations when, after a car was stopped by a traffic inspector, no problems arose, since the traffic police inspector did not pay attention to the fact that the appearance of the direct driver was slightly different from the photograph on the license.

What can you drive without a license?

Let's take a closer look at the types of transport that can be driven without a license.

Scooters and rollers

The most paradoxical thing is that these means can hardly be called transport, since the laws in 2021 do not define this. Baby strollers, skateboards, scooters, roller skates and similar devices - they do not require a license, since the people riding on them are pedestrians.

The Rules also state: “Pedestrians include persons using scooters, skates and other means for movement.” If the device is without a motor, it moves due to human muscle effort, and cannot cause much harm to other people.

Bike

Previously, there were attempts to establish an obligation to have a bicycle license. They even wanted to issue license plates and register them with the State Traffic Inspectorate. But it is still allowed to ride a bicycle without a driver’s license, no matter how much others might want it.

Hoverboards, Segways, motorcycle wheels

Despite the fact that these mechanisms include a motor in the device, they are not allowed to be registered. You can ride them not only on the road, but also in other places. They do not require a driver's license.

If we consider them legally, then the owners of hoverboards and motorized wheels are drivers of an electric vehicle. But the State Traffic Inspectorate defines them as pedestrians.

Purchasing fake documentation

There are many services and companies on the Internet that offer the opportunity to obtain fake documents, which include a driver’s license. Most of these sites are fraudulent, so after payment, citizens do not receive any documents.

If a service is found that actually offers a fake ID, the cost of such a document will be very high. Additionally, it is not advisable to use it, since traffic inspectors check any rights in the traffic police database. A fake ID is not in this database, so in any case the driver will be held accountable. He will not only have to face a fine, but also criminal liability for using fake documents.

You won't be able to carry your driver's license with you in 2021

Drivers’ documents are gradually being transferred to electronic format: the “pioneers” were MTPL policies, now the country is gradually moving to electronic vehicle passports (EPTS). The next “virtual” ones are expected to be registration certificates (CTC) and driver’s licenses. Moreover, it will be possible to stop carrying the latter with you next year.

This was reported by RIA Novosti with reference to the head of the traffic police, Mikhail Chernikov. According to him, a driver’s license was confirmation that a person has the right to drive a vehicle, before the advent of electronic databases. Now, with their help, you can check whether the person sitting behind the wheel is a driver, even without a plastic card.

Mikhail Chernikov added that the traffic police, in fact, already have a digitized database. The department has been conducting it since 2011. In order to transfer rights into electronic format and allow inspectors to check the availability of rights using information databases, only appropriate amendments to the documents are needed, since the traffic police already have the technical capability.

The use of electronic documents, according to the head of the department, will make it possible to combat fake driver’s licenses, and will also help eliminate cases of the use of one license by several motorists who are similar in appearance.

At the same time, little will change for drivers: they will continue to be issued licenses, they will remain valid. However, you won’t have to take them with you on a trip: they will serve as a “legally significant” document, and traffic police officers will check whether the person sitting behind the wheel has the right to drive a vehicle using an electronic information base.

At the end of last year, we reported that the Ministry of Internal Affairs plans to decide on the format of electronic driver’s licenses in 2019. So it is logical that the launch of the system is scheduled for 2020. By the way, by this time many drivers will already have EPTS. The transition period is currently ongoing: to date, 113 such documents have been issued. Let us remind you that from November 1, 2021, manufacturers will produce and import cars into the Russian Federation only with electronic passports. However, current car owners will not have to forcibly change paper documents to electronic ones: the former will continue to be valid after the specified date.

Earlier it became known that the Ministry of Internal Affairs plans to issue licenses with microchips that contain information about the driver. However, the department will most likely abandon this idea – in favor of electronic driver’s licenses. At the same time, the resolution on issuing new generation licenses has already been signed: it was assumed that they would be more expensive than current plastic cards: now drivers pay 2 thousand rubles, and the price for a document with a microchip was supposed to be 3 thousand rubles.

How to behave so as not to get caught?

Most often, car owners, at their own peril and risk, simply prefer to drive a car without a driver’s license. To avoid getting caught, follow traffic rules, allow pedestrians to pass, and do not behave provocatively on the road.

A calm and confident ride is the key to the fact that the traffic inspector will simply have no reason to stop you. If the driver tries to escape responsibility, this will lead to additional problems. If a traffic inspector stops a car, then it is initially important to identify the reason for the stop, and if it is absent, then the driver may not present a license.

If a traffic police inspector discovers that a citizen has been deprived of a license, then his car is evacuated, since he cannot continue driving. If the driver does not behave defiantly and impudently, then the traffic inspector may agree that an acquaintance of the driver drive up and continue driving the car.

For what violations do drivers lose their license?

According to the law, there are many traffic violations that entail the deprivation of a driver's license. Most often, such a harsh measure is applied by the court when identifying the following situations:

• driving at a speed exceeding the established maximum speed by 80 km/h;
• driving a car while intoxicated, which may be alcohol or drugs;
• significant violations of traffic rules, which include driving through an intersection on a red light or entering oncoming traffic through a solid marking line;
• installation of lighting devices on a car that do not meet the requirements of GOST;
• driving a car with false registration plates.

If a primary violation is detected, the driver can only get off with a large fine, but if there is a repeated violation, then the traffic inspector will certainly send a report to the court. It is the judge who makes the decision regarding the possibility of depriving a citizen of his driver’s license.

Responsibility for driving without a license

Many citizens are accustomed to using a car every day, so they have a question about how to drive without a license after deprivation. Drivers' tricks actually make it possible to use a car even without a license, although this entails additional troubles for the citizen.

If the driver is sober, but drives the car without a license, then one of the following penalties is imposed on him:

• fine up to 30 thousand rubles;
• compulsory work for a period of 100 to 200 hours;
• arrest for 15 days.

Under such conditions, the period of deprivation of a driver’s license does not increase. Due to a fairly large fine, every driver must be aware of the consequences of driving without a license.

In what cases, when driving without a license, the law is not broken?

For any car owner, not having a license while driving is a real nightmare.

But not everyone knows that the law provides a list of situations in which it is completely legal to drive without a driver’s license. Below are the situations of driving without a license and which of them are not punished.

If the driver did not take his license with him or it has already been confiscated. The most common reason for driving without documents: the owner forgot them at home or does not have them at all. Such cases are always illegal and entail serious punishment. If caught with such a violation, the driver risks running into a fine of up to 10 thousand rubles. If a driver with a license already confiscated for such a violation is caught driving without a license, he may face an even more severe punishment. Typically, a repeated violation can result in a fine of up to 30 thousand rubles, community service for 200 hours, or even arrest for 15 days. The mildest consequences in case of a forgotten license may be if the driver presents a passport instead. Then it is quite possible to get by with a small fine of 500 rubles.

Emergency situations . The law provides for cases in which driving without a license will not be considered a violation. First of all, these are emergency situations. Usually, when they occur, the driver has no alternatives. This may be in cases where it is necessary to save the lives of people or animals by transporting them to a hospital to provide medical care. Or, for example, leaving a dangerous territory.

If a driver in such circumstances is stopped by a traffic police officer, the driver must indicate the reasons why he currently does not have a license and explain that the situation is urgent. The driver will have to prove that there is a real threat, that life or property may be in danger, and that the problem requires immediate resolution. Additionally, the driver must undertake to stop illegal actions immediately after the threat is eliminated. All these things must be recorded in the protocol or in a written explanation.

Students. Driving without a license is also permitted during training sessions. But it is important that at this moment there is an instructor in the car with the student who has the appropriate certificate. It must be remembered that learning to drive is allowed only in a car specially equipped for this purpose. Such a car must have additional pedals, mirrors, and a special sign.

Racing cars. Drivers who are learning how to drive a racing car do not need a driving license either. This training is carried out at special racing tracks. But to participate in competitions, you must have a special license. Also, if the races take place on closed tracks, then the availability of licenses is not provided. But if the competition route involves driving through city streets, then the drivers’ licenses may be stipulated in the rules of a particular competition.

Bottom line. Sometimes established rules can be broken. However, it is important to know that violation is permissible only in rare and exceptional cases. It is important to take this into account in order to avoid problems with the law.

Drunk driving without a license

If a citizen is deprived of his license, and at the same time gets behind the wheel while intoxicated, then the penalties for him are significantly tightened. Therefore, one of the following options is selected:

• a fine of up to 30 thousand rubles;
• arrest for a period of 15 days;
• increasing the period of deprivation of rights.

A fine is imposed solely on the condition that administrative arrest cannot be applied to a particular driver in accordance with his status and position. If a citizen who is intoxicated refuses to undergo a medical examination, then he will have to pay an additional fine of 30 thousand rubles.

If he was previously deprived of his license for drunkenness, then the fine for him increases, so it varies from 200 to 300 thousand rubles. An additional term of imprisonment of up to two years is imposed.

Translation of driver's license into English

Translating a driver's license into English is a very responsible procedure. For this reason, it is necessary to carefully check the work done, especially the absence of errors in the spelling of proper names . It is worth drawing the attention of the employees of the organization performing the translation to their writing in English in other documents, for example, in a foreign passport.

If the driver does not have the translation in his hands, traffic service employees may issue a fine and assume that he does not have the right to drive a car at all.

This is supported by Article 12.7 of the Administrative Code :

1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for instructional driving) shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.

Particular attention should be paid to the translation of information written in stamps and individual columns of the certificate. It must transmit all data as much as possible, otherwise the document will be considered invalid. It is definitely worth clarifying the question of the need for a notary’s seal on such documents in order to be able to use them for their intended purpose. Otherwise, you will have to completely collect and redo the necessary papers.

Who is not subject to arrest?

If a drunk driver has previously been deprived of his license for drunkenness, then a punishment is applied to him, represented by arrest for a period of 10 to 15 days. But some citizens are not allowed to apply such a measure. They are only punishable by a large fine. Such persons include citizens:

• pregnant women;
• military;
• women raising children under 14 years of age;
• persons who have correctly registered the first or second disability group;
• minors who used a car belonging to their relatives;
• persons conscripted into the army;
• customs officers, law enforcement agencies or government agencies specializing in drug trafficking or psychotropic drugs.

The above-mentioned persons are not allowed to apply the punishment represented by administrative arrest, so they pay a fine for the identified violation.

Can they deprive their rights in advance - before obtaining the right to drive?

While studying at a driving school, a moment comes when we already master all driving skills, both in theory and in practice. It is then that there is a strong desire to get behind the wheel without yet having a license. This desire intensifies even more after drinking alcoholic beverages.

At the same time, there is an opinion that if you get caught without a license (precisely in the case when we never received a license), and even in a state of intoxication, then your rights can be deprived in advance. This means that when we pass the exam to obtain a license, they will be given to us only after a certain time. Logically, this time should be from 1.5 to 2 years (deprivation of rights for intoxication under Article 12.8 of the Code of Administrative Offenses).

In fact, as of May 26, 2021, there is no such thing in law as “deprivation of rights in advance.” There is no legal opportunity for traffic police inspectors to deprive a driver who does not have such a right and is caught in a state of intoxication. And it is illogical to deprive a person of what a person does not have, especially if this happens in advance.

What will happen if you get caught without a license (we are talking about the case when we never had the right to drive, and not about those who were dispossessed)? There are two possible options:

• We don't have the right to drive, and we were caught driving while sober.
• We don't have the right to drive, and we were caught driving while intoxicated.

In the first case, we will face a fine of 5 to 15 thousand rubles under Part 1 of Article 12.7 of the Administrative Code:

1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for instructional driving) shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.

If we are caught without a license and in a state of intoxication, then a more severe punishment awaits us - arrest from 10 to 15 days under Part 3 of Article 12.8 of the Administrative Code:

3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or has been deprived of the right to drive vehicles, if such actions do not contain a criminal offense, entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons in respect of which administrative arrest cannot be applied in accordance with this Code, in the amount of thirty thousand rubles.

As you can see, the same punishment is applied to those who are caught in a state of intoxication and are deprived of the right to drive. We are talking, by the way, not only about alcoholic intoxication, but also drug intoxication (and any other).

Also, punishment awaits a person who transfers control of a car to a person without a license. If the driver without a license was sober, then the transferor faces a fine of 30 thousand rubles (Article 12.7, Part 3 of the Code of Administrative Offenses of the Russian Federation), but if the driver without a license was drunk, then the transferor will face deprivation of rights for a period of 1. 5 to 2 years and plus the same fine - 30 thousand (Article 12.8, Part 2 of the Code of Administrative Offenses of the Russian Federation).

Responsibility for the use of false documents

The use of a fake driver's license is regarded not only as an administrative offense, but also as a criminal offense. Therefore, the punishment is a fine of 30 thousand rubles, which can be replaced by compulsory work for a period of 100 to 200 hours or arrest for 15 days.

Criminal liability is assigned on the basis of Art. 327 CC. The following types of punishments may be applied under this article:

• a fine of 80 thousand rubles;
• a fine in the amount of a citizen’s earnings for a period of six months;
• compulsory work for up to 480 hours;
• correctional labor for up to 2 years;
• arrest for up to 6 months.

Therefore, the use of fake documentation is considered an unprofitable and dangerous decision for a citizen.

Punishment for driving without a license after deprivation

Obviously, driving a vehicle after revocation of your license is considered an illegal act. If a traffic police officer records such an action, the punishment will be as follows: arrest for up to 15 days, a fine of 30,000 rubles, community service for 200 hours.

It is worth considering that if a driver’s license is revoked, there is currently no legal way to return it early.

The only way out is to wait until the end of the term. But some motorists decide not to give up driving for the period specified by the court, but to use fake documents.

If a traffic police inspector stopped a car whose driver was at that time with a fake license, he faces penalties in the following form:

• Part 2 Art. 327 of the Criminal Code of the Russian Federation states that for driving a car using a fake driver’s license, a person faces imprisonment for up to 6 months, community service for a period of up to 500 hours, or a fine of 80,000 rubles;
• punishment may also be based on the provisions of Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation.

There are also drivers who simply drive the vehicle on streets without busy traffic. However, it is worth recognizing that this is a rather dangerous action.