At what age can you drive a car?

For some reasons, the driver may be left without a driver’s license, which is the main permit document, but the law provides for a temporary permit. Temporary rights: how to get in 2021?

Driving without a driver's license is strictly prohibited. For violation of this rule, depending on the objective circumstances, the driver faces serious administrative punishment. Due to various circumstances, situations are possible when using a driver’s license for its intended purpose is impossible (for example, unfitness, loss and any other reasons). Despite this, the driver needs to use the car, and in order to continue, he will have to obtain a temporary license, which will be valid until a new driver's license is issued.

When is a temporary permit issued?

Beginners should be explained that driver's licenses can be permanent or temporary. According to current legislation, a driver's license is the only document that provides the right to drive a car. At the same time, the driver is obliged to always have it with him along with other documents.

The law does not provide for any valid reasons for not carrying your ID with you. This means that in any case, absence is recognized as an offense for which administrative liability is provided.

IMPORTANT !!! A temporary driver's license is an analogue that is issued only if it is impossible to use the main document. In this case, the main driver's license always remains a priority. The main distinguishing feature is the validity period.

If a regular driver's license is issued for 10 years, during which it is allowed to be used without any restrictions, then a temporary one is valid for a much shorter period. Usually it is less than 1 month until the old rights are restored.

The law does not contain a specific list of situations when it is necessary to replace rights, in connection with which a temporary certificate is issued.

However, in practice this most often occurs in the following cases:

• impossibility of using a driver's license to identify the driver. In such cases, it is impossible or extremely difficult to parse the information from the document, and therefore the traffic police inspector may recognize these actions as an offense;
• loss or theft of a driver's license.

This list is not closed, so situations may vary.

ATTENTION !!! It is worth noting that if the validity period of the temporary document expires, a temporary document will not be issued. Any driving license is valid for only 10 years, after which it is mandatory to replace and obtain a new license. Replacement, in contrast to the issuance of a temporary driver’s license, can take place not only at the State Traffic Safety Inspectorate, but also at the MFC, through the government services website. However, you need to remember that when replacing rights at the MFC you will have to wait an additional 1 to 2 weeks.

Losing a temporary license is a driver’s right, not an obligation. There is no direct liability for failure to perform these actions. However, driving a car in this case is prohibited under threat of prosecution in the form of a fine of up to 15 thousand rubles.

Despite this, it is highly recommended to contact the traffic police as soon as possible if your driver’s license has been lost or stolen. In this case, it will be canceled, and the driver will receive a new document in exchange for the lost one. Judicial practice knows cases where a lost driver's license was used for illegal purposes. Naturally, if there is evidence, all this is refuted, but legal proceedings will cause inconvenience in any case.

Who can suspend a special right or deprive an employee of it?

We will not consider the expiration of a special right, since it is already clear that it occurs when the validity period of a permit, certificate, ID, ticket, etc., established by law, ends. Who should control the expiration date of a special right?
The legislation does not answer this question. We believe that the employee must independently monitor the validity period of the permit document (after all, it is a document that allows him to carry out his labor function), however, the personnel service can also (but is not obligated to) remind the employee about the upcoming expiration of the period. But they may be deprived of special rights. According to Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, deprivation of a special right is established for a gross or systematic violation of the procedure for using this right or evasion from the execution of another administrative penalty imposed for violating the procedure for using this right. Deprivation of a special right is ordered by a judge. In this case, the period of such deprivation cannot be less than one month and more than three years.

When a right is revoked, a document certifying the existence of such a right (for example, a driver’s license) is confiscated in accordance with the established procedure. After the specified period, documents confiscated from a person must be returned to him ( Article 32.6 of the Code of Administrative Offenses of the Russian Federation ).

The body that issues permits, licenses, etc. can also deprive a special right. In the event of a citizen’s violation of the requirements associated with such a right, the authorized body may:

• suspend the special right;
• revoke a license, certificate or other document that confirms this or that special right.

What is contained in the temporary permit

A temporary driver's license is an official document that carries the same functions as a regular license. The only significant difference is the validity period. To do this, all the necessary information is entered into the document, which will allow the traffic police inspector to identify the person driving. It is extremely convenient that the production time for a temporary driver’s license is very short - the license is issued right on the day of application.

The order of the Ministry of Internal Affairs establishes the requirements for a temporary driver's license.

In 2021, Russia establishes a standard and all rights are fulfilled according to the following model:

• for the most part, the temporary document copies the information from the main driver’s license, but it also has its own characteristics;
• the categories to which the person is allowed to manage must be indicated;
• personal data of the driver who receives the permit is indicated (including full name, date of birth);
• the document must necessarily contain a title indicating the granting of the right to temporarily drive a vehicle;
• It is mandatory to indicate the details of the authority that produced and issued such a driver’s license;
• a temporary driver's license is issued for a short period of time, which is contained in the document;
• since the issuance takes place in place of the main certificate, the details of the document in place of which the issuance takes place must be written;
• at the very end, it is necessary to have a signature and a special seal of the traffic police authority.

If the conditions are not met, the document may be invalidated, although in this case the driver cannot be held legally responsible.

ATTENTION !!! An important feature is the absence of a photograph of the driver on the temporary driver’s license. In order for the inspector to identify the driver, the latter is required to carry with him any other identification document. Most often this is a passport.

In addition, the use of a temporary driver's license is possible only on the territory of the Russian Federation. Outside of it, even if you have an international driver's license, you will not be able to use a temporary document. These rules do not apply to foreign citizens. They must obtain a temporary driver's license from their country's government authority.

What is meant by special law?

The Labor Code does not contain a precise definition of special rights. However, in Art. 83 of the Labor Code of the Russian Federation there is an explanation: this is the right to drive a vehicle, the right to bear arms, and another special right.
That is, special right is one of the types of labor rights and acts as a labor function or its element. In addition, a special right is a specific document (identity, certificate, certificate). Which employees must have such a special right to perform their labor functions? First of all, these are drivers who operate vehicles. So, according to Art.  20 of the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” (hereinafter referred to as Law No.  196-FZ ), legal entities and individual entrepreneurs are prohibited from allowing drivers who do not have Russian national driver’s licenses confirming the right to drive to drive vehicles vehicles of relevant categories and subcategories.

The right to drive vehicles is granted to persons who have passed the appropriate exams, have a medical certificate stating that there are no contraindications to driving vehicles, and have completed appropriate professional training in the prescribed manner.

A special right to drive motorcycles, scooters, cars and trucks, buses, cars with trailers is confirmed by a driver’s license. A driver's license is issued for 10 years, after which it is considered invalid ( Clause 6, Article 25 of Law No.  196-FZ ).

In addition, medical workers must have special rights. This is the requirement of the Federal Law of November 21, 2011 No.  323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” . In particular, according to Art. 100 of this law, the right to carry out medical (pharmaceutical) activities in the Russian Federation is granted to persons who have received a higher or secondary medical (pharmaceutical) education in the Russian Federation and have a specialist certificate. This document indicates that its holder has achieved a level of theoretical knowledge, practical skills and abilities sufficient for independent professional (medical or pharmaceutical) activities. The certificate is valid for five years on the territory of the Russian Federation ( clause 1 of the Conditions and procedure for issuing a specialist certificate to medical and pharmaceutical workers , approved by Order of the Ministry of Health of the Russian Federation dated November 29, 2012 No.  982n ).

For your information

To work as an auditor, you need a qualification certificate, which is issued without limiting its validity. At the same time, the auditor is obliged, during each calendar year, starting from the year following the year of receiving the auditor’s qualification certificate, to undergo training in advanced training programs ( Article 11 of the Federal Law of December 30, 2008 No.  307-FZ “On Auditing Activities” ).

The right to conduct private detective activities is confirmed by a license, and the right to carry out security activities is confirmed by a certificate of a private security guard ( Law of the Russian Federation of March 11, 1992 No.  2487-1 “On private detective and security activities in the Russian Federation” ). Therefore, security guards and detectives are required to have special permission. A license to carry out detective activities is issued by police departments for five years. A security guard certificate is also issued for five years. In this case, the validity of the certificate is extended for five years after advanced training ( clause 2 of the Rules for issuing and extending the validity of a private security guard’s certificate by internal affairs bodies ).

The right to carry, store and use weapons also refers to special rights. This right is vested in officials of state bodies and employees of legal entities who are permitted by law to carry, store and use weapons for the purposes of self-defense or to fulfill the duties assigned to them by federal law to protect the life and health of citizens, property, protection of nature and natural resources, valuable and dangerous goods, special correspondence - police officers, customs officials, paramilitary security guards, special communications and collection services, banking structures, etc.

A license to purchase weapons and ammunition is issued by the Department of Internal Affairs. Its validity period is six months from the date of issue ( Article 9 of the Federal Law of December 13, 1996 No.  150-FZ “On Weapons” ).

For your information

The right to hunt is confirmed by a hunting license with marks on passing tests on the rules of hunting, safety precautions during hunting and handling of hunting firearms, as well as on payment of the state fee (Article 15 of the Regulations on Hunting and Game Management of the RSFSR , approved by the Resolution of the Council of Ministers of the RSFSR dated 10.10 .1960 No.  1548 ). A hunting license is issued to capable individuals who do not have an outstanding or unexpunged conviction for committing an intentional crime; it is a document of a single federal standard without limitation of the period and territory of its validity (Article 21 of the Federal Law of July 24, 2009 No.  209-FZ “On Hunting and Conservation hunting resources and on amendments to certain legislative acts of the Russian Federation .

Extradition after deprivation

Is it possible to get a temporary driver's license after being disqualified for drunkenness? Until 2013, other legal norms were in force. According to the previous rules, an inspector who identified an offense for which a driver’s license could be deprived and, in the presence of all evidence, had the right to take away the driver’s license right on the spot, issuing others in return. Most often this happened for drunkenness, when the fact of a serious offense was easy to prove, and the sanction of the article provided for the possibility of such punishment.

Today, such actions are unacceptable and if they are committed by an inspector, you can safely appeal in court. Current laws establish a rule according to which any offense for which a sanction is provided in the form of restriction of the right to drive a vehicle must be considered exclusively in court. In this case, the inspector acts as a subject of control who identifies an offense, draws up a protocol and sends it to the court.

IMPORTANT !!! During court proceedings, the protocol will serve as the main evidence, so it is extremely important to ensure that it is compiled correctly. The driver has the right to make his own amendments and comments. Attesting witnesses have similar rights in cases where their presence is mandatory. An incorrectly drawn up protocol can cause an erroneous decision.

After drawing up a protocol, the inspector must take one of the following actions: detain the driver and/or his vehicle, or release him. The first option is possible only if there are serious grounds strictly established by law. For example, when the driver is intoxicated, or driving is impossible due to a serious technical malfunction.

In other cases, the inspector is obliged to release the driver for any offenses. In this case, the confiscation of the driver's license is not allowed. This right belongs exclusively to the court, which makes a decision based on a detailed study of all objective factors of what happened. After the court decision enters into legal force, the driver is obliged to fulfill the assigned punishment and surrender his license to the traffic police department.

How to get a temporary certificate

If circumstances arise when it is possible to obtain a temporary driver's license, the driver must take the following actions:

• prepare the necessary documents on the basis of which the production and issuance of a temporary driver’s license will take place;
• pay the state fee. The issuance of any document is accompanied by a mandatory fee, including for a temporary driver’s license;
• fill out a special form at the traffic police and submit the appropriate application.

Since the details of the old driver's license are required, you will have to use other documents. For example, an issued insurance policy.

After all the formalities, the inspector prepares a driver’s license and issues it to the driver. Most often, the procedure does not take much time, and issuance occurs on the same day.

IMPORTANT !!! A distinctive feature of a temporary driver's license is the period for which it is issued and valid. The maximum validity period of such a document cannot exceed 2 months. It is assumed that during this period the driver will complete all necessary actions aimed at producing and obtaining a new main driver's license. The temporary document is made for convenience and cannot be used on a permanent basis. After the expiration of the period, you must submit the temporary document to the traffic police.

Drivers should not hesitate to obtain and apply for a new driver's license. In any case, the procedure requires not only material, but also time. If you do not have time to do everything in the prescribed time, you may be left completely without the ability to control the car, which is extremely inconvenient for any driver.

Employer's actions

1. Suspension . First of all, Art. 76 of the Labor Code of the Russian Federation establishes the employer’s obligation to remove an employee in the event of suspension of the employee’s special right (license, right to drive a vehicle, right to carry a weapon, other special right) for a period of up to two months.
In this case, the mandatory conditions for such removal are: – the impossibility of the employee fulfilling his duties under the employment contract;

– the absence of vacancies or the impossibility of transferring the employee with his written consent to another job available to the employer (both to a vacant position or work corresponding to the employee’s qualifications, and to a vacant lower position or lower paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer must offer vacancies in other localities if this is provided for in collective labor contracts or agreements.

To formalize the suspension, the employer must send an offer of vacancies to the employee. If the employee agrees, a temporary transfer is issued. To do this, you need to conclude an additional agreement to the employment contract, which specifies the new working conditions and the transfer period, if known (if the date of restoration of the special right is unknown, the agreement can indicate: “Until the day of restoration of the special right to drive a vehicle”). Based on the agreement signed by the parties, the employer issues an order for a temporary transfer, which the employee must be familiarized with upon signature.

After the special right is restored, the employee begins his work duties. If the suspension order did not indicate its period, the employee’s reinstatement is also formalized by order.

2. Dismissal . But if the period of suspension of the special right exceeds two months or the employee is deprived of it altogether, there is no need to remove the employee. In this case, dismissal is carried out under clause 9, part 1, art. 83 Labor Code of the Russian Federation . On the same basis, employment relations are terminated if the special right expires.

For your information

Dismissal under clause 9, part 1, art. 83 of the Labor Code of the Russian Federation can be carried out only if it is impossible to transfer the employee with his written consent to another job available to the employer (both to a vacant position or work corresponding to the employee’s qualifications, and to a vacant lower position or lower paid job), which the employee can perform with taking into account his state of health. In this case, the employer is obliged to offer him all the vacancies available in the given area that meet the above requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract ( Part 2 of Article 83 of the Labor Code of the Russian Federation ).

So, we will describe the procedure for terminating an employment relationship. If it is discovered that the validity of a special right has been suspended for a period of more than two months or its validity period has expired:

1) the employer sends a vacancy offer to the employee in writing;

2) if the employee agrees, a permanent transfer is drawn up (an agreement is concluded and an order is issued). At the same time, a corresponding entry is made in the work book;

note

If an employee has been deprived of a special right, for example, for three months, and the employer does not want to fire him, you can offer him a temporary transfer to another position, and after the employee regains his right, return him to his previously occupied position.

3) if the employee does not agree to the transfer or there are no vacant positions in the organization, the employment contract with him is terminated due to circumstances beyond the will of the parties - according to clause 9, part 1, art. 83 Labor Code of the Russian Federation :

• a dismissal order is issued (form T-8);
• a record of termination of the employment contract is made in the work book (see example below);
• on the last working day, the final settlement is made with the employee (the salary due to him is paid, as well as compensation for unused vacation and other amounts due to him);
• a personal card is issued and a work book is issued.

Legislative projects

Today, projects are under discussion according to which temporary driver's licenses in Russia will have to be issued to new drivers immediately after graduating from a driving school and passing all necessary exams. It is planned that in the first few years, the rights will be limited and the driver will not be able to perform the most dangerous actions.

Among the most popular proposals are: establishing a lower maximum speed limit, banning traffic on certain highways with heavy traffic flow, and banning other potentially dangerous actions.

So far, this project has not been adopted and is in its very early stages. It is impossible to talk about the likelihood and type of acceptance. Even if approved, it is unlikely to reach completion without significant changes, since the feasibility of such restrictions will need to be studied in detail.

Refusal to issue a temporary document

The law does not contain any special grounds for prohibiting the issuance of a temporary driver’s license. The inspector has the right to refuse if there are violations of the general requirements.

For example, an incomplete package of documents was collected and provided, the application was filled out with errors, or the state fee was not paid. In this case, it is necessary to correct the errors and resubmit the application.

IMPORTANT !!! Illegal actions of an inspector can be appealed administratively or judicially, with the official being held accountable.