Can someone help a violator who has violated the law under articles of the Code of Administrative Offenses of the Russian Federation, implying deprivation of rights? In many cases, a professional auto lawyer is able to find ways to avoid or reduce penalties. However, citizens do not often turn to lawyers in a timely manner, and formidable sanctions come into force - the driver is deprived of the right to drive a vehicle.
In these cases, there is only one thing left to do: wait until the end of the sentence and get your license after deprivation. At first glance, the procedure may seem simple. But there are cases when, after the allotted time, the driver believes that he has regained the right to drive, but the traffic police have a different opinion, and another violation is recorded.
This article will be devoted to how to avoid getting into such a situation, how to comply with all the rules and obtain rights after deprivation.
Changes in the law when obtaining rights after deprivation
New rules are a relative concept. The relevant legislation has indeed changed radically, but this happened back in 2013-14. There were amendments later, for example, in 2018, and it is possible that they will be adopted in the future.
The main regulatory act is the Rules for the return of military licenses, approved by government decree No. 1191. For those who have not had problems associated with deprivation of rights for many years, the new procedure for restoring rights after deprivation is as follows:
- A ban on the seizure of a driver's license by a traffic police officer without a court order.
- The need to pass the Traffic Rules.
- Passing a medical examination in case of hardships associated with drunk driving.
However, it is not our purpose to compare old and new laws on the return of rights after deprivation. The goal is to describe the existing technology, to which we will move on.
What is needed to return rights? Conditions
The first and most important thing that is necessary to obtain rights after deprivation is the expiration of the period for deprivation of the driver's license. This is where problems often arise. We described in detail how to accurately calculate the period of deprivation in this article. Here we briefly recall the main issues:
- Deprivation of the right to drive a vehicle is possible on the basis of a court decision (resolution).
- Such a decision comes into force 10 days after its issuance, unless an appeal is filed.
- In the next three days, the violator is obliged to hand over the driving license to the traffic police department.
If, after the entry into force of the resolution, the driver’s license is not returned, then the violator’s right to drive the vehicle is deprived, but the calculation of the period of such deprivation is suspended (grounds: part 2 of article 32.7 of the Code of Administrative Offenses).
A common example. The person is deprived of his rights for six months. He did not submit his ID. After the allotted time, according to the inexperienced driver, his right to drive was restored, but at the first check it turns out that he was driving illegally, and a new protocol was drawn up against him. A new one may be added to the old period of deprivation.
To find out whether the execution of a court decision has begun, you need to check the rights to deprivation and see the result of the check.
Upon expiration of the period, and for some stages even before that, the driver must pass the traffic rules theory, under certain conditions pass a medical examination, collect a package of documents, etc. We will consider all these steps in detail in the next section.
Is it possible to return rights with the help of a car lawyer?
Confiscation of a driver's driving license is one of the forms of punishment for non-compliance with traffic rules. The sanction is a consequence of administrative liability that inevitably arises when traffic rules are violated. In this case, one or another article of the Code of Administrative Offenses of the Russian Federation is applied to the driver.
The duration of the ban on driving a vehicle is established by the court. The rules for returning the certificate are regulated by the Rules approved by Government Decree No. 1191 (dated November 14, 2014). According to the procedure, the procedure is carried out at the traffic police upon completion of the appointed period. Typically, licenses are issued on the same day of application.
The law does not provide for early return of the certificate. True, some deputies and public figures put forward proposals regarding the adoption of appropriate concessions. For example, it was recommended to return the rights after half the period, subject to exemplary behavior and replacing them with a monetary penalty. However, all such initiatives remained at the project level or were rejected.
However, there is still a legal way to return a driver’s license. It consists of appealing a decision made by the court. The most effective option for using this opportunity is to involve lawyers in the case who offer services for the return of rights. The need for their participation is due to the fact that ordinary citizens are usually not familiar with the intricacies of legal processes, while a specialized specialist not only has the necessary knowledge, but also has experience. Accordingly, the assistance of a qualified expert can significantly increase the chances of a successful outcome of the proceedings.
But there is an important nuance here - it is permissible to appeal the verdict within 10 days from the date of its announcement. After that, it will come into legal force and it will be possible to challenge it only if there are significant grounds (for example, the driver’s illness). Therefore, if there is a need, you should contact a lawyer about returning your driver’s license immediately.
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.
zayavlenie-na-vozvrat-prav-blank
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.
8(800)350-23-68
Dmitry Konstantinovich
Expert of the site "Legal Consultant"
Ask a Question
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.
Where can I pick up my license after deprivation?
The return of the driver's license takes place at the traffic police department at the place of execution of the court order. As a rule, this is the department where the ID is stored.
Note. The place of execution of the decision is indicated by the judge in the decision on deprivation of rights.
However, if you wish, you can pick up your rights in another division. If you want to return the certificate in another place, for example, on the territory of another subject of the federation (another region), then you should submit a corresponding application to the traffic police.
Features of filing an application for transfer of rights:
- The application must be submitted no later than 30 days before the end of the deprivation period.
- The application is submitted to the traffic police department where the certificate is stored.
- The application must indicate the department of the State Traffic Inspectorate to which the certificate should be sent.
- The application is submitted either in writing (in person or by registered mail) or in the form of an electronic document.
If you submit an application for transfer of rights on time, you will be able to pick up the certificate at the selected traffic police department on the day the deprivation period expires.
How much does it cost to return a driver's license?
At the time of publication of the article, state fees for the return of rights itself, as well as for retaking the traffic rules theory, are not charged . Disputes about the need to introduce such fees have not ceased for a long time, but currently no changes have been adopted.
This does not mean that there will be no costs at all.
- First, you must pay all existing fines. Moreover, both related to this offense and not related to it.
- If the driver's license is lost, damaged, or expired during the deprivation period, you must obtain a new one.
The cost of obtaining new licenses ranges from 2,000 to 3,000 rubles, depending on the type of certificate requested. In some cases (for example, when registering through State Services), a discount is provided.
Is it possible to return your license early after deprivation?
The law does not provide for early return of the temporary residence permit (before the deadline). It is possible to challenge the court decision if procedural violations are identified. To take advantage of this opportunity, it is necessary to involve a specialized lawyer in the process of deprivation of a driver's license.
As a conclusion, let us briefly summarize the procedure for obtaining rights after deprivation. Let this become a kind of cheat sheet for the entire process, and you can always remember the details by looking at the information above.
- Calculate the period of deprivation correctly.
- After half the period, you can start retaking the traffic rules.
- Find out the traffic police department where the license is stored. Submit an appropriate application if you want them to be moved to their place of actual residence.
- Check whether you need to undergo a medical examination. Get help if needed.
- Collect the necessary documents and pay fines, if any.
- Write an application for the return of rights.
- Contact the traffic police with an application and other documents to pick up your license.
Remember, in complicated situations, to fully protect your rights, you need to contact a professional lawyer. This is not difficult to do - first, you can ask your question using the form below. Please note that the first consultation is completely free and can be done anonymously.
How to get your license back early for drinking
Previously, it was impossible to return rights ahead of schedule: the only exception could be illegal bribery of an inspector.
But since 2021, a return has become possible: after half of the punishment has expired, the driver can file an application with the court asking for the document to be returned to him.
But this is only possible if:
- The driver did not commit any violations during the sentence.
- Got it for the first time.
- He paid all the fines and paid compensation to the victims (if necessary).
- Passed a medical examination.
That is, the driver must demonstrate remorse and exemplary behavior.
It is worth considering: the term can only be reduced through the court - a procedure called parole (parole).
However, in some cases an early return is not possible:
- If the deprivation was repeated.
- The driver did not pay all the fines.
- If the driver does not want to undergo a medical examination (that is, there is suspicion of intoxication).
- If your license was taken away for drunkenness.
