Deprivation of rights for three traffic violations in 2021: list of violations, law

Perhaps we will not deceive you if we write that today almost all drivers have fines - and paid fines are also fines. And many have at least three fines. Starting from 2016, such drivers will face possible deprivation of their license for 3 violations (fine) or more. The law has not yet been adopted as of today, May 26, 2021, but with a high degree of probability it will come into force. At the moment, the law has passed its first reading in the State Duma of the Russian Federation.

What kind of law is this that introduces deprivation of rights for 3 violations in a row? The law is called “Draft Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses regarding the introduction of differentiated punishment for systematic violation of traffic rules and operation of a vehicle.”

Thus, the law proposes to introduce a new article into the Administrative Code - 12.38 (there are currently 37 articles), which will describe the procedure for deprivation of rights for a period of 1 to 1.5 years for 3 fines. There are two important points to note here:

deprivation of rights is provided only for three similar violations (fine) of traffic rules;
Not all traffic violations fall into the “trinity” for deprivation.

There is another very important nuance, and we will write about it at the end of the article..

What's happened?

Not long ago, the media was flooded with information about the introduction of a new law - deprivation of rights for a period of 1 year for 3 repeated fines. The source of information everywhere is the leadership of the State Traffic Safety Inspectorate, which allegedly proposes to supplement Chapter 12 of the Code of Administrative Offenses, which is responsible for penalties in traffic, with a new article - 12.38, which will provide for deprivation for 3 systematic violations of traffic rules.

But this is not a points scheme for deprivation of rights, namely for 3 repeated fines.

The Ministry of Justice explained for what violations drivers will be deprived of their rights

Thus, there is an impressive list of reasons for which a driver can be deprived of his license. The period of document seizure ranges from several months to several years, depending on the severity of the offense. Additionally, a person can be brought to other types of liability - not only administrative, but also criminal. If there are special circumstances, the punishment will be mitigated, and in case of repeated deprivation of rights, it will be toughened.

For drunk drivers, the presence of a minor child under 16 years old in the car will become an aggravating circumstance. Refusal to undergo an examination will now be punished more severely than for driving while intoxicated.

Violation Will Now Driving a vehicle by a driver while intoxicated 30,000 ₽ and deprivation of rights for 1.5–2 years 30,000 ₽ and deprivation of rights for 1.5–2 years Driving a vehicle by a driver while intoxicated (with a minor in the car) 50,000 ₽ and deprivation license for 2–3 years - Transfer of control to a person in a state of intoxication 30,000 ₽ and deprivation of rights for 1.5–2 years 30,000 ₽ and deprivation of rights for 1.5–2 years Refusal of the driver to undergo a medical examination for intoxication 40,000 ₽ and deprivation of rights for 2–3 years 30,000 ₽ and deprivation of rights for 1.5–2 years Refusal of the driver to undergo a medical examination for intoxication (with a minor in the car) 50,000 ₽ and deprivation of rights for 2–3 years -

For transporting a child without a child seat, if its use is mandatory, the punishment will be more severe.

Violation Will Now Violation of the rules for the transportation of goods or rules of towing 500 ₽ 500 ₽ Violation of the rules for transporting people 500 ₽ 500 ₽ Violation of the requirements for the transportation of children 3000 ₽ 3000 ₽ Violation of the requirements for the transportation of children with the mandatory use of restraints 5000 ₽ - Violation Will Now Violation of traffic rules, resulting in minor harm to health 2500-5000 ₽ or deprivation of rights for 1–1.5 years 2500-5000 ₽ or deprivation of rights for 1–1.5 years Violation of traffic rules resulting in causing moderate harm to health 10000-25000 ₽ or deprivation of rights to 1.5–2 years 10,000-25,000 ₽ or deprivation of rights for 1.5–2 years Leaving the scene of an accident Imprisonment for 1–1.5 years Imprisonment for 1–1.5 years Failure to comply with the requirement to prohibit the use of alcohol or drugs after an accident or after stopping the vehicle at the request of the police before conducting an examination 30,000 ₽ and deprivation of rights for 1.5–2 years 30,000 ₽ and deprivation of rights for 1.5–2 years

Now the draft of the new Code of Administrative Offenses is at the stage of public discussion, then it must be submitted to the State Duma for approval. Meanwhile, the increase in fines, primarily for speeding, has already been criticized by both deputies and the new prime minister.

Is it true?

Yes. But only partly. This bill, indeed, was developed and submitted for discussion to the State Duma... But back in the relatively distant year 2021.

On May 30, 2021, the corresponding text of the bill on amendments to the Code of Administrative Offenses with fines was developed. This is the plan of law No. 3639p-P9. And he survived the stage of the first reading. But that's where it stopped. As of today, May 22, 2021, the new law on deprivation of rights for 3 violations has not yet entered into force. That is, the draft Federal Law is not yet in effect today and is awaiting a second reading, but rights will not be deprived for three repeated violations.

When will it take effect?

This is not yet known. Federal laws, according to general rules, undergo 3 readings, between which quite a long time can pass. As in the case above, it took 2 years between the first and second reading.

The second reading of the amendment to the Code of Administrative Offenses regarding deprivation for 3 fines based on unconfirmed information from the same media is planned for the spring of 2018, and then it will either be accepted, rejected, or sent for revision.

And only after the third reading, the new law will first have to be published in the official government media and only then will it come into force after the designated time has passed (usually from 10 days to several months). That is, even if the law on deprivation for 3 violations is adopted, it will come into force no earlier than the summer of 2018.

How much time should pass between violations?

Any period cannot pass between traffic violations. The bill under consideration clearly sets deadlines. 3 violations of traffic rules, entailing the confiscation of driving license, must be recorded within a year. The starting point will be the date following the day of payment of the fine for the first traffic violation.

You have 10 days to appeal the decision. If this does not happen, then the resolution comes into force.

In the event of an appeal, the starting point for paying the fine will be the date of the court decision.

For example, on April 5, a driver violated the rule by driving through a red traffic light. The traffic police inspector noticed this, stopped the car and issued the car owner a fine, which he did not contest. The amount was paid 9 days later, on the 14th. The one-year period begins on April 15.

If during this year the driver is found to have subsequent traffic violations, they will be added to the first. So, let’s say, a month later a motorist is caught by inspectors for speeding, and a week later - when driving into an oncoming lane, this will amount to a total of 3 traffic violations during the year. They will serve as the basis for transferring the case to the judicial authorities. According to the court decision, for regular violation of the law, rights will be withdrawn for a period of 1-1.5 years.

In the case where, instead of penalties, the driver's license was confiscated, and after the expiration of the term the rights were returned, a new yearly cycle begins on the day following this event. All subsequent violations will be considered repeated and cumulative.

How can you prove it?

The very fact of the non-entry into force of the draft Federal Law can be proven quite easily. Try searching on one of the official government portals for the official publication of the Federal Law:

Russian Government Portal website,
Russian newspaper.

And you will not find it among the published ones, because it is at the consideration stage.

In addition, the well-known website “Consultant Plus” provides up-to-date information. Thus, among the editions of the Administrative Code there is one that is awaiting entry into force, but neither in it nor in the current edition you will find information about the deprivation of rights for 3 systematic violations of traffic rules.

What is the new law of 2018?

As we noted above, the draft introduces a new article 12.38 (currently there are 37 articles in Chapter 12 of the Administrative Code). The new law in its current variation provides for deprivation of rights for 1-1.5 years for 3 or more fines for the same violation - that is, if the driver violates traffic rules and is punished for any of the violations 3 or more times.

At the same time, fines issued by automatic recording cameras will not be considered. And if the driver is already deprived of his license at the time he is subject to deprivation, then instead of the latter, a fine of 10 to 30 thousand rubles will be imposed.

Please note that the deprivation will not be for the 4th traffic violation, but precisely as a result of 3 violations.

The official wording of the draft Federal Law:

Violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in parts 3 - 7 of Article 12.9, parts 1 and 3 of Article 12.10, parts 1 and 3 of Article 12.12, part 2 of Article 12.13, parts 2 and 3 of Article 12.14, parts 4 and 5 of Article 12.15, Part 2 of Article 12.16, Article 12.18 of this Code, by a person who has been subjected to administrative punishment three or more times for committing the specified administrative offenses, with the exception of cases of recording administrative offenses by special technical means operating automatically and having photo and film functions. , video recording, or by means of photography, filming, video recording, entails deprivation of the right to drive vehicles for a period of one to one and a half years or the imposition of an administrative fine on persons who do not have the right to drive vehicles in the amount of ten thousand to thirty thousand rubles.

What violations are included in the list?

So, you will have to be deprived of your right to drive for the following violations of the Rules:

speeding by 40 km/h or more (including repeated – parts 3 to 7 of Article 12.9 of the Administrative Code),
violation of passage through railway tracks (parts 1 and 3 of Article 12.10),
driving through a red (yellow) traffic light (parts 1 and 3 of Article 12.12),
if you do not give way (part 2 of article 12.13 and part 3 of article 12.14),
prohibited turning and reversing (part 2 of article 12.14),
prohibited entry into oncoming traffic (parts 4 and 5 of Article 12.15),
prohibited left turn or U-turn (Part 2 of Article 12.16)
failure to give way to a pedestrian (Article 12.18).

Same violation or different?

From the wording of the new law in its current form it follows that the driver may be subject to imprisonment for any 3 violations of the above. But, probably, this is a flaw in the law, and by the time it comes into force this point will be finalized, since the idea was initially about 3 identical punishments.

For example, if the first time you were caught for not allowing a pedestrian to pass, the second time for speeding, and the third time for running a red light, then if the law remains unchanged, after the red light you may be deprived of your license. But if the second violation - speeding - was recorded on an auto-recording camera, then there will be no more deprivation, since fines from cameras do not fall under deprivation of traffic violations.

Something else useful for you:

What are the fines for driving without paying on a toll road? New law on non-payment of toll sections
New traffic police fines and traffic rules changes from December - is this true or not?
New law on deprivation of rights for lack of compulsory motor liability insurance - when will it come into force?

How much time should pass between violations?

Between each of the three attractions, 1 year must pass after the full payment of the fine or the end of the period of deprivation of rights. This follows from the term “subject to punishment” in the wording of the law above.

According to Article 4.6 of the Code of Administrative Offenses, a person is considered punished during the specified above-mentioned calculation period. In common parlance this is called “repetition” of the violation. You can find more details in a special article on repetition periods with examples.

What 3 traffic violations are subject to deprivation of rights?

In the first reading, deputies got acquainted with the proposed draft, which included many articles on traffic violations from the Code of Administrative Offences, which were the basis for losing the driver's license. During the discussion, some points were reduced. The rest are included in the list of illegal actions for which, according to Chapter 12 of the Code of Administrative Offences, this punishment will be provided:

exceeding the speed limit by 40 km/h (12.9);
entering the oncoming lane (12.15);
making a U-turn and a left turn in places prohibited by traffic rules (12.16);
turning and reversing where maneuvers are not allowed (12.14);
not allowing a vehicle with working specials to pass through. signals (12.17);
ignoring the fact that another vehicle has priority at an intersection (12.13 and 12.14);
passing through a zebra crossing while pedestrians are following it, obstructing cyclists and other road traffic participants (12.18);
violation of traffic rules on railway tracks (12.10);
driving on a red or yellow light (12.12).

The list includes the most common traffic violations from the Administrative Code. They can be combined. Either three identical offenses are taken into account, or different ones.

For three violations of traffic rules, deprivation of rights is valid only in the case when the traffic police inspector personally stopped the car, charged him with the offense and drew up a report at the scene of the incident. This is followed by a decision and the collection of a fine. Traffic violations recorded by a video camera will not be subject to this law. Even if penalties are imposed.

How will it work in practice?

In fact, no one will automatically deprive you of your rights. And most likely, not every such driver will be subject to deprivation, as it works in 2021 with Article 20.25 for late payment of a fine.

As an example, a traffic police inspector stops a driver on the road and, when checking against the fines database, establishes that this driver was repeatedly subjected to the above punishments 3 times (and traffic police officers also see paid fines). Afterwards, he draws up a protocol, thereby initiating a case under the discussed article 12.38 and transfers the case to the court (only judges consider cases of deprivation of rights).

That is, deprivation for 3 violations will occur precisely after the fact of the third fine, and only if you are stopped on the road by inspectors. It is unlikely that the case will be initiated within the traffic police simply based on the list of such drivers.

How to avoid imprisonment for 3 violations

Advice to drivers in order to avoid confiscation of a driving license for 3 violations, at first glance, is simple and understandable to every motorist, but for some reason is not implemented:

do not drive drunk;
drive carefully and do not exceed speed;
maintain the necessary distance so as not to become guilty of a traffic accident;
cross intersections only when the light is green;
give priority to pedestrians and vehicles driving on the right, on the main road, with special signals, etc.

If, nevertheless, for one reason or another, a third offense occurs, and the deprivation of the driver’s license is threatened, it is worth appealing the administrative punishment prescribed in the resolution.

The procedure itself involves going through many authorities. Although if the law comes into force, it is unlikely that the rights will be preserved. It's just a delay in time. But sometimes this is exactly what the car owner needs.

There should be no fear that by the time Article 12.38 is approved, illegal actions will have already been committed. Their registration is unlawful, according to Article 1.7 of the Code of Administrative Offenses, which states that it is impossible to worsen or aggravate the situation and responsibility of a person for an administrative offense. The countdown will begin only from the moment the additional, 38th article of the 12th chapter comes into force.