What to do if your license is revoked and the driver loses it? By court order, for some violations (for example, driving while drunk), a citizen is deprived of his driving license. The culprit must submit the document to the traffic police within 3 days, but due to loss he cannot do this. The driver's license is confiscated after a court decision. Consequently, the car owner has enough time to lose his license.
I was deprived of my rights, and after that they were lost, what should I do? To prevent this from happening, it is advisable to submit the tertiary license for preservation with the obligatory writing of an application (drawn up in two copies). The party that accepts the papers makes a note of acceptance, writes the name of the receiving employee, as well as the position, time and signature. The document certifies the transfer of the holder of the document.
Loss of rights after a court decision
After deprivation, the driver lost his license, what should I do? After a decision on deprivation of a license is made, the driver has the right to appeal it. Until the decision comes into force, the car owner may lose his license. In this case, it is also necessary to write a statement to the traffic police. The countdown period for returning the driver's license begins ten days after the court document comes into force, since during these 10 days the driver has the right to write an appeal to a higher court.
Note!
If the driver evades surrendering the driving license, then he faces punishment under Art. 12.7, 32.7 Code of Administrative Offenses of the Russian Federation. In addition to the accrual of penalties, the period for calculating the punishment will be suspended. In this case, the countdown begins after passing the certificate or filing an application for loss.
Do I need to surrender my license after being revoked?
Deprivation of the right to drive is established only by the court, and only in court can we be deprived. A court decision on deprivation of rights has its own appeal period, which is 10 days. After 10 days, such a resolution comes into force, and only then the driver acquires the status of a deprived driver. What is all this for? Part 1.1 of Article 32.7 prescribes the surrender of rights after deprivation, but within 3 working days after the court decision enters into legal force.
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, a person deprived of a 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.
This means that we must surrender our license after deprivation 10 days + 3 days from the date of the court decision on such deprivation. For example, if the court made a decision to deprive the right to drive on July 1, and it was Monday, then on Thursday, July 11, the court decision will enter into legal force, and in the period from July 11 to July 16 (July 13 and 14 fall on the weekends of Saturday and Sunday) we are required to pass our license.
If you don’t surrender your license after deprivation and don’t write a statement about the loss, what will happen?
Things are more complicated with driving on a “lost” license after deprivation. There are motorists who try to cheat, citing the loss of the driver's license after seizure. But at the nearest traffic police post, the deception will be revealed when checked against the traffic police database. At the same time, a citizen deprived of his rights violates the law, therefore a more severe punishment will be taken against him:
- penalties up to 30 thousand rubles;
- arrest for 15 days;
- compulsory work.
The driver's license will be forcibly confiscated, and the car will be sent to an impound lot, where you must pay for the stay.
Note!
The period of validity of the deprivation of rights will begin to count from the day the “lost” driver’s license is withdrawn.
Consequences for the driver after the court decision
Many car owners, after losing their license, continue to drive in the hope that they will not be stopped. But it is worth considering that such a crime carries additional responsibility. In addition, in the event of an accident or drunk driving, the situation gets worse and the fine increases.
If the driver has been deprived of his driving privileges by decision of a judicial authority, driving the car is prohibited. Otherwise, the person bears administrative responsibility. The following options are possible here:
- Penalties - 30,000 rubles.
- Mandatory work - from 100 to 200 hours.
- Administrative arrest - up to 15 days.
In addition, the car is transported to an impound lot, and the car owner himself is suspended from driving. If a person violated traffic rules after deprivation of his rights and received a second similar sentence, the countdown begins after the end of the first period.
Loss of rights after deprivation
Many drivers are cunning and do not want to transfer their license to the traffic police following a court decision. They claim that the documents are lost in the hope of keeping them to themselves. But such deception does not give anything, because if it is detected, the violator is responsible for his actions under the Code of Administrative Offenses of the Russian Federation (Article 12, Part 2). In this case, contacting the traffic police and filling out the appropriate application is mandatory. If this is not done, the countdown of the period of deprivation of rights does not begin.
A similar situation occurs when a driver’s license was taken away for drunkenness, and he reported the loss of documents. It is important to remember that evasion from submitting a certificate is punishable under two articles of the Code of Administrative Offenses of the Russian Federation, namely 12.7 and 32.7. In addition to the accrual of a fine, the period of deduction of the punishment is also suspended. The countdown continues after handing over the license or filing a statement about the loss of the document. In any situation, the car owner is required to retake the theoretical exam and undergo a health check in the hospital.
The situation is more difficult if the driver drives with “lost” documents. If a person is deprived of the right to drive by decision of a judicial authority, and he is caught driving, a fine will be assessed. In this case, invalid documents are confiscated. The duration of the punishment begins to be calculated from the day of confiscation of the allegedly “lost” documents.
Restoring a driver's license after losing a license
To restore your driving license, you need to obtain a duplicate from the State Traffic Inspectorate. You will need to present:
- statement;
- passport;
- receipt of payment of the fee;
- photo.
From 2021, new requirements for the issuance of duplicates have been introduced. They note that the motorist does not need to go through a medical examination again and take an exam on knowledge of traffic rules. Exceptions include cases when the validity period of the temporary residence permit is coming to an end. Therefore, it is better to replace the license after the expiration period with passing a medical examination and passing the certification again.
What to do with lost rights after deprivation of rights
Even if, after notifying the traffic police about the loss of the form, the driver continues to use it, the license will be confiscated during the next document check. If the fact of driving a vehicle in the presence of an administrative penalty is revealed, a protocol is drawn up in which the traffic police officer will indicate the details of the seized form. By comparing information about the seized document and the database of lost rights, the message of knowingly false information about the loss of the ID will be confirmed.
Thus, if you lose your rights after a court ruling, it is advisable to immediately contact the local traffic police department and obtain an official certificate. After half the sentence has expired, the right to take a theoretical exam on knowledge of traffic rules arises, which is a prerequisite for the restoration of rights after deprivation.
When the period of deprivation of rights by court ends, you need to contact the traffic police department with the exam card and receipt of payment of the state fee to return the certificate. Due to the loss of the original form, the driver will be issued a duplicate according to the general rules established by the Administrative Regulations of the Ministry of Internal Affairs. If, after filing a statement of loss, the form is found or returned to the owner by third parties, it must be returned to the traffic police.
You can learn even more nuances and consequences of losing a driver’s license after revocation of your license during a consultation with our lawyers. Call or indicate your questions in the feedback form right now. We consult for free!
Application for loss of driver's license after deprivation: sample
How to write a statement about the loss of a driver's license after deprivation?
It is necessary to note the following information, based on the sample:
- indicate the name of the authority to which the application is submitted;
- Full name of the person deprived of the driver's license, place and date of birth, as well as residential or registration address, passport details;
- details of a lost driver's license;
- list all attached documentation;
- enter the date of writing and signature.
The main part indicates the reason why the ID was lost; please replace the lost certificate with a new one. You also need to attach the required copies of documents and a receipt for payment of the fee.
Note!
Honey. a certificate is not needed to obtain a new driver's license.
What to do if you lost your license
If the driver has really lost his license, then it is necessary, as stated above, to write a statement about its loss addressed to the head of the traffic police department. Do not forget to submit such an application also in two copies, according to the procedure indicated above when handing over your license. Pay attention specifically to the date stamp on which such an application was accepted, since the period after which you will be able to drive again will be calculated from it.
After the court's decision to deprive
In case of loss of a driver's license after a court decision that has not entered into force and the driver intends to challenge it, it is required to write a statement about the loss of the driver's license. According to the law, the period for calculating the deprivation of a special right begins to be calculated 10 days after the entry into force of the court decision, since it is during this period that the driver has the right to challenge it in a higher court.
If a trial has taken place and a citizen has been deprived of a special right, namely the right to drive a vehicle, then he must, within 3 days after the decision enters into legal force, surrender his driver’s license to the traffic police department. But if the document was lost, then the calculation period will begin only after filing an application for the loss of a driver’s license.
Until the court's decision
Until a court decision on deprivation of a driver's license, the driver is given a temporary permit to drive a vehicle in place of the confiscated license upon filing an appropriate application with the state traffic inspectorate. You just have to pay the state fee, which according to the Tax Code of the Russian Federation is 800 rubles. The driver has the right to drive a vehicle, since only a decision on the deprivation of a driver’s license that has entered into legal force is the basis for termination of the special right. In this case, it will be necessary to submit a temporary certificate to the traffic police department within three days after the court ruling comes into force. It is from this moment that the period of deprivation of the driver's license begins to count.
If you lost your license (voo) after deprivation, after deprivation for drunkenness in 2021
If, after a court ruling on an administrative penalty, expressed in depriving the driver of the right to drive a vehicle, the specified driving license was not handed over to the traffic police department, the period of deprivation does not begin to count. Driving a vehicle is also prohibited, otherwise you will face administrative punishment.
Important!
After deprivation of a driver's license and loss of a driver's license, after the expiration of the period, the driver must pass an exam on the theoretical part of the traffic rules. If your license has been revoked for driving while intoxicated, you must also undergo a medical examination for permission to drive a vehicle.
Therefore, it is very important to contact the state traffic police with a statement about the loss of a driver’s license, so that the period of time for which the driver was deprived of his license begins to count.
If your driver's license is lost and at the time of loss it was deprived of your license
Even if the driver’s license was lost before the deprivation of the driver’s license by the court, it is necessary to apply immediately after the decision entered into force and receive a copy of it to the traffic police department with an application for the loss of the driver’s license. Only from the moment of filing the said application the period of deprivation of the special right begins to be calculated.
If a driver's license is found after loss
If the driver wrote a statement about the loss of his driver’s license, but soon found it, he does not have the right to use it, since in any case they are considered invalid.
Important!
If your license was first lost and then suddenly discovered, then driving a vehicle with it is fraught with danger.
Punishment for driving a vehicle by a driver deprived of his license is provided for in Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation.
If you have been deprived of your rights, but they need to be changed
If a driver was stopped by a traffic police officer with an expired driver’s license, which by law must be changed every 10 years, he faces administrative liability under Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of 15 thousand rubles. In the case where the driver is deprived of a driver’s license and the license is expired, these actions will be classified as driving a car under Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation and the fine will be 30 thousand rubles. Therefore, even if the license is expired, you must hand over the expired license to the traffic police, otherwise the period of deprivation will not be calculated.
How to correctly fill out an application for loss of rights after deprivation?
- The header of the submitted document must indicate the number of the traffic police department to which it is sent. Most often, it is submitted to the department that monitors the execution of the court order. It will not be a violation of the law to contact another department of the inspection, which in fact must be notified of the loss of the document;
- In addition to everything, the header should contain information about the applicant himself, i.e. his full name, place of registration, contact telephone number;
- In the text of the petition, it is necessary to indicate that the driver's license has been lost, and the applicant urges you to begin counting the period without surrendering your license. In addition to this request, enter additional information that will relate to the court ruling (if you are filling out the document according to the sample, then use the column with brackets). It will be easier for inspectorate employees to figure out which statement is related to which case.
- At the end, do not forget to sign (it is better to write your full name) and the date the document was compiled.
Where to apply if you lose your ID after loss
In accordance with the Code of Administrative Offenses of the Russian Federation, a person in respect of whom a court has issued a deprivation of the right to drive a car must independently appear at the State Traffic Safety Inspectorate, which is handling the case of deprivation of a driver’s license. However, this can also be done at the department at your place of residence or stay. An application for loss of a driver’s license is submitted in the same manner. These two actions are equivalent from the point of view of fulfilling the obligation to hand over the document. This can be done in two ways:
- Appear in person at the traffic police department and write a statement. It is advisable to draw up the document in 2 copies. One is given to the receiving employee, and the second remains in the hands of the applicant. The driver’s copy must be marked with the date of acceptance, stamp and signature of the accepting employee. This will confirm the date of execution by the defendant of the court decision.
- Submit your application by post. In this case, one copy is quite enough. It must be sent by registered mail with a description of the attachment. The shipping documents must be retained until the end of the sentence. This will allow us to establish exactly when the defendant’s obligations occurred.
But the first option will guarantee to avoid problems later when proving the fact of delivery of the document.
