Tractor driver's rights
Legislative regulation of this area of legal relations is carried out by various legal acts, among which are:
- Government Decree of July 12, 1999 “On approval of the rules for admission to driving self-propelled machines and issuing tractor driver’s licenses.”
- Orders of the Ministry of Internal Affairs dated October 20, 2015 “On approval of the Administrative Regulations of the Ministry of Internal Affairs for the provision of public services for conducting an exam for the right to drive vehicles and issuing driver’s licenses.”
- Tax Code (Article 333.33, paragraph 43).
- Government Decree of December 13, 1993 “On state supervision of the technical condition of self-propelled vehicles and other types of equipment in the Russian Federation” and others.
These acts establish the procedure for replacing documents, their initial receipt, the amount of fees, etc.
It is possible to highlight other legislative frameworks adopted at the level of federal subjects and locally. However, they are only a supplement to the documents described above.
For example, today the acts of the former USSR are still in force. The legislation of federal cities – Moscow and St. Petersburg – is also of particular importance.
How to replace a tractor driver's license
A frequently asked question: “How to change a tractor driver’s driver’s license to a new one at Gostekhnadzor?” - permitted by law.
The procedure for obtaining a tractor license is regulated by Order of the Ministry of Agriculture No. 807, according to which, in order to obtain a tractor license, it is necessary to contact the Gostekhnadzor service with an application and certificates. If the reason for the replacement implies the need to attach a medical certificate, then it is better to undergo an examination in advance, since the received document will be valid for one year.
Replacement of tractor licenses is available through State Services, but only if you use this site as a guide, which contains the necessary information about where exactly you need to go.
Step-by-step instructions for obtaining a tractor license:
- Collection of documents.
- Visit to the Gostekhnadzor organization.
- Filling out the application form.
- Payment of state duty.
- Handing over the application form and the required package of documents to the authority employee.
- Waiting for a new document to be issued.
- Driving school training.
The last point is only needed in the following cases:
- registration is made for the first time;
- if the rights are returned in accordance with the end of their validity period;
- previous rights were acquired outside the Russian Federation.
Old rights must be transferred to Gostekhnadzor, where they will be destroyed.
Most often, new documents are issued on the day the application was submitted or the next day. Delay can only be caused by a large number of statements or doubts regarding the information or documentation provided. In this case, an inspection will be carried out, which will take up to two months.
Documents for a tractor driver
To change your tractor driver's license to the right to operate self-propelled vehicles, the following documents must be sent to the territorial inspections of the state technical supervision at the location of registration of the technical equipment:
- application (standard form);
- passport or other identification documents of a citizen - they confirm his registration at the place of location;
- a medical certificate of a certain type on the suitability for operation of the relevant categories of motor vehicles;
- tractor driver's document or other type of self-propelled vehicle license;
- driver's license (if available);
- two photographs measuring 3 x 4 cm, on matte paper;
- an individual ID (if issued) or another document confirming the correct issue of a driver’s license to operate a self-propelled vehicle.
The applicant has the full right to submit the necessary certificates of payment of the state duty for the issuance (replacement) of a driver's license for a tractor driver and the fees collected by the state technical supervision bodies to the state technical supervision body himself.
When it is prohibited to change
It is impossible to replace a tractor driver’s license through State Services and other methods if the citizen does not have a document to drive another type of vehicle. The restriction applies not only to one category of certificate, but to all at once. Therefore, it will be possible to change an old tractor driver’s license only after the expiration of the period of deprivation.
Why you cannot change a document:
- The reason for refusal to register a tractor license may be health problems of the tractor driver. In most cases, it is necessary to identify such citizens, since paperwork will require a medical examination certificate.
- In case of loss of a driver's license for a tractor, the rules for operating the equipment apply to every citizen who has a driver's license. Thus, Article 12.1 of the Code of the Russian Federation states that the loss of documents entails the deprivation of a driver’s license.
Reinstatement is possible only after the expiration of the sentence. A new ID will need to be obtained in a number of situations. Depending on the reason for the replacement, the package of required documents will change, and the need to pass an exam with the commission will also be determined.
New sample certificate
Until now, driving certificates of the old form have been used. Several years ago, it was decided to carry out some kind of reform, thanks to which the document acquired a new look, and new categories were added.
A certificate confirming a specific right of a citizen is divided into six categories and four subtypes, each of which has its own specific decoding. So, for example, the following values can be distinguished:
- B – caterpillar tractor.
- F – Self-propelled units.
- A 4 – dump-type tractors, etc.
It is possible to subdivide into tractors with an internal combustion engine or with an electric motor.
The deadline for issuing such a document is also distinctive. It is provided to the driver for ten years, after which the manager of the tractor equipment is obliged to replace them.
Replacement is mandatory, otherwise penalties will apply.
How to get a tractor driver's license
In order to obtain this document, it is necessary to perform such actions as: passing a mandatory medical commission, passing a qualification exam, and providing them with the necessary certificates.
Unlike standard licenses, this certificate is issued by state technical supervision. This is a special structure involved in the control and accounting of equipment intended for construction, harvesting, field and other economic purposes.
Special in this case are also schools that provide training to citizens so that they can operate such specific equipment (their main focus is instilling skills in managing large-sized machine installations).
Documentation
In order for a citizen to have a valid opportunity to obtain such a certificate, he must collect and provide the following acts:
- Certificate confirming training at a special type of driving school.
- Conclusion on the state of health of the established sample.
- General driver's license.
- Photo.
In addition to these acts, officials do not have the right to demand other documents and refuse to issue a certificate on the basis of their absence. This is directly enshrined in the legislation of the Russian Federation indicated above.
Replacement of ID
After the ten-year period for which the certificate was issued has expired, it must be changed. An expired or expired document does not give the tractor driver the right to operate the equipment entrusted to him. This may also entail bringing the citizen to administrative liability.
Replacement is carried out in two ways:
- Through MFC;
- Through Gostekhnadzor.
In the first case, the sequence of actions looks like this:
- Registration on the Internet resource.
- Selecting a service and submitting an application.
- Preparation of documents and their submission to the authorized body.
- Completion of the legal process and obtaining a driver's license.
After registration has been successfully completed, a specific category is selected. A list of them is fixed on the State Services website. You must select the “replacement of tractor driver’s license” category.
The applicant is invited to familiarize himself with the description of this service, the rules for submitting an application, the list of required documents, and the amount of the state fee. A citizen, having carefully studied these points, can begin to fill out an application for changing a driver’s license. You must exchange your license as quickly as possible.
For some actions carried out at the MFC, a state fee may be charged. It is understood as a certain sum of money, the amount of which is established by the internal legislation of the Russian Federation. The above action is subject to payment. The application can be submitted in person to the MFC or through an online resource.
After the desired category has been selected, you must submit an application to the state body for the provision of services - the MFC.
The following elements must be reflected in the legal document:
- Information about the applicant.
- Facts about previously issued certificates and about a general document.
- Information about place of residence.
- Reason for change of act, etc.
In the second case, all the above actions can be performed directly at the state technical supervision body or on its official website. The application form is freely available on the Internet.
Rights can also be restored, for example, if they are lost. For such restoration, it is necessary to provide a medical certificate.
Price
Any legally significant actions performed in relation to a tractor driver’s driver’s license are subject to state duty.
Its size varies depending on what kind of action is being performed (for issuing a paper version of a document - 500 rubles, for a plastic version - 2000).
Issues
The size of this monetary amount is regulated by regional authorities. In total, the amount of the duty cannot exceed two thousand rubles. The minimum established amount is five hundred rubles.
Substitutions
Replacing an ID is a cheaper process. So, for 2021, the amount of this payment is four hundred rubles. Many drivers resort to certain tricks and prefer to write a statement about the theft of a driver’s license, thereby significantly saving their financial resources.
Do you need a license for a mini tractor?
It is a mistake to believe that special documents are not needed to operate a mini tractor.
To understand what licenses are required for a mini-tractor, you need to consider in what areas it is used and, accordingly, where it is going.
First of all, this type of transport is used for agricultural work and is not intended to be driven on highways. But this does not mean that the driver needs to pass an exam on the rules of the road. Mini tractors are often used by construction companies and utilities. In any case, the driver’s misunderstanding of the rules of the road is unacceptable.
A mini-tractor license is nothing more than a tractor driver’s certificate. A document to drive such a vehicle is provided only to drivers who have undergone special training and passed an exam at Gostekhnadzor. For failure to comply with these rules, the driver faces administrative punishment.
Fines for lack of rights
For driving a vehicle by a person who does not have special rights in this regard, liability arises from Article 12.7 of the Code of Administrative Offenses. If there is no such document, and the driver has not undergone the appropriate training or the required category is not open, the offender will be fined from 5,000 to 15,000 rubles for driving without a license.
If the tractor was operated by a person who is currently disqualified for previous offences, the penalty may be more severe in the form of:
- fine up to 30 thousand rubles;
- compulsory labor (up to two hundred hours);
- 15 days of administrative arrest.
Responsibility for driving a tractor if the driver does not have a driver's license: in most cases, the driver does not have documents with him, but at the same time they have them at home, the validity period has not expired, and the necessary categories are also open. Anyone can forget about them, but there is no compelling reason for a severe punishment, therefore, the second part of section 12.3 of the law comes into force, which predicts a fine of five hundred rubles. But if the driver can prove that the documents were just forgotten, the traffic police inspector will issue a warning.
Part one of Article 12.3 provides for a fine for driving a tractor in the absence of registration certificates for the vehicle. In this case, a fine of 500 rubles is also provided, but in addition Article 27.13 comes into play, which describes the detention of a vehicle and its movement into the penalty zone. It is important to take this nuance into account.
What threatens the owner of a tractor who entrusts the control of the vehicle to a person who does not have a driving license?
The driver is responsible when driving a vehicle without a driver's license. Even in the case of agricultural machinery, the owner of the tractor will also be subject to an administrative fine.
According to the third part of Art. 12.7 of the Russian Code of Administrative Offenses, for transferring control of any type of vehicle to a person who does not have special rights to do so, the owner (in this case, a tractor) may pay a fine of 30 thousand rubles. The only exceptions are driving lessons.
How and where to change your tractor driver’s license
The need to replace a driver's license for a tractor may arise in the following cases:
- the document is damaged, lost or stolen;
- expired rights;
- the need to adjust driving skills;
- the presence of a disease incompatible with driving a tractor (confirmation with a medical certificate is required).
In each of these cases, you need to contact the regional office of Gostekhnadzor and write an application to replace the document.
Replacing a certificate is a simple process if the following conditions are met:
- When the last document expires, no more than 6 months have passed.
- The driver has a document confirming passing the test in the required category.
If these conditions are met, the exchange of rights does not take much time and does not create additional problems. If one of the conditions is not met, Gostekhnadzor may request the collection of a complete package of documents (as when it was first received) and re-passing theoretical and practical tests.
Is the driving license deprived when a tractor driver's license is revoked?
Depriving a citizen of the right to drive a vehicle is allowed only in strictly defined cases and, as a rule, for fairly serious offenses. The most common example of deprivation of rights is driving while intoxicated.
It would be logical to assume that by violating traffic rules on special equipment, a driver can do the same on a passenger car. That is why administrative regulations establish that if a driver’s license for one of the vehicles is revoked, the driver cannot drive any other vehicle, including special equipment.
Replacement of a driver's license upon expiration in 2021 through State Services
Many drivers are interested in the question of how long it takes to replace a license after its expiration. Here it must be said that the driver can apply for a replacement license 6 months before the expiration date. But, you can also submit an application after the expiration of the certificate; these procedures are identical, and the law does not provide for a penalty for overdue rights.
How can I pay state fees for obtaining a license through State Services? After the corresponding application is sent on the Government Services website, the citizen can pay the state fee there on the portal from any bank card (Mir, Mastercard, Visa) or electronic wallet. It should also be taken into account that when paying through this portal, the user receives a 30% discount, that is, the state duty will be 1,400 rubles, and not the stipulated 2,000 rubles. After payment is made, the user receives a receipt, the printed part of which must be presented to the traffic police when obtaining a driver's license.
First of all, it should be noted that replacing a driver’s license after expiration through State Services 2020 is available only to users registered on the portal. In addition, in order to be able to change rights after expiration through State Services, the user must confirm the account on the portal!
Obtaining a driver's license through State Services
is done as follows:
- The user must fill out an application for obtaining rights through State Services, if rights are issued for the first time, or submit an application for replacement of rights through State Services;
- Pay the state fee using one of the available methods: you can pay for your license either through the State Services portal with a 30% discount, or through a terminal at the traffic police department, or at a bank;
- Wait for the invitation and appear at the traffic police department selected by the user to obtain a driver’s license.
Now let’s take a closer look at how to correctly fill out an application for a driver’s license through State Services!
In addition, drivers are interested in the timing of replacing a driver’s license through State Services. It should be noted that the driver has the right to apply for a replacement driver’s license 6 months before the expiration date. However, it is necessary to remember that you can apply for a change of license even after the expiration of the validity period, while the replacement procedure is no different, and there is no penalty for replacing an expired license!
How to check the authenticity of an ID
As for ordinary passenger cars, finding out the legality of a driver’s license for the right to drive it is quite simple. All truthful information is contained on the traffic police website. With a tractor driver's document, everything is much more complicated. This is due to the fact that its authenticity can only be verified by filling out an application and sending it to the state technical supervision. As a rule, the response is immediate, but sometimes it can take several days.
Thus, a tractor driver’s driver’s license is a special legal document that allows a citizen to drive special equipment. The procedure and rules for obtaining this act are in many ways similar to the issuance of rights in the general manner. The difference lies only in the body that controls it, as well as in the categories allocated for special equipment.
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Tractor license validity period
You need to replace your tractor license after its expiration date at the Federal Supervision Offices. It is better to do this without waiting for the expiration of its validity period. A certificate for operating special equipment is issued for ten years. After this period, it must be returned to Gosgortekhnadzor to be able to obtain a new certificate.
An expired certificate does not give the right to drive the steering wheel or clutch levers, which is tantamount to their absence. Stopping a tractor driver without this certificate will result in fines. State supervision officials advise not to delay replacing the document, but recommend contacting an agency located nearby no later than 10-15 days before its expiration date.
Of course, the certificate must be replaced within the specified period by new persons who are engaged in this profession. If a person does not use agricultural machinery for a long period and has an expired permit, he can replace it at any time without administrative sanctions or fines, of course, if the tractor driver does not want to get into the cabin of the self-propelled vehicle before this procedure. Replacing a driver's license is preceded by collecting a set of documents for submission to the Office of Federal Supervision. It may be worth recalling that you need to start preparing in advance, without waiting for the expiration of the old certificate.
The list of documents requires the following documents:
- the applicant's civil passport;
- single application for replacement;
- special medical certificate;
- certificate of completion of a driving school or other educational institution for completing self-propelled vehicle control courses;
- a tractor driver's license or another type of permit allowing the operation of self-propelled vehicles, if available;
- two photographs with a color image measuring 30 × 40 mm without a corner, always on matte media;
- official certificate from the traffic police department confirming that the driver’s license has not been withdrawn for any reason;
- payment of state duty;
- an individual card or other written confirmation of the issue of a previous license for the right to drive wheeled and tracked vehicles.
Probably, now the driver will not have any questions about replacing the license for a tractor when they are expired if he prepares the documents according to the list indicated above.