Is it possible to get a license before the period of deprivation?
Early return of driver's license
Deprivation of a driver's license is a rather unpleasant procedure, which is carried out due to serious offenses.
This event negatively affects the driver’s “driving history” and also prevents him from driving for a long time.
It is for this reason that many are interested in the question of how to obtain rights early after deprivation . This will be discussed further.
Reasons for revocation of a driver's license
In 2014, the first conversations began about the procedure for returning rights ahead of schedule. The law regarding the early return of driver's licenses has been rewritten, revised and rejected many times.
As a result, in 2015, only the main provisions were adopted. For 2019, these rules have hardly changed, although the question still remains open.
After deprivation, a driver's license can be returned by fulfilling several mandatory conditions. However, before considering this issue, it is necessary to study the reasons for which certificates are revoked.
These include:
- driving a vehicle that does not have license plates (meaning that the driver did not even register them);
- driving a vehicle with false license plates;
- painting vehicles to match government or special services vehicles;
- installation of illegal special signals, lighting devices and red illuminators on transport;
- violation of road rules while crossing a railway crossing;
- driving while under the influence of drugs or alcohol, voluntary transfer of control to a person who is intoxicated;
- refusal to be tested for intoxication;
- driving in the oncoming lane;
- leaving the place where the accident occurred;
- illegal transportation of those goods that require special permission for transportation;
- causing harm to the health and life of other road users.
Driving licenses are revoked for a variety of periods – from 1 month to 3 years. If the rights were taken away for a couple of months, then there is no point in trying to return them earlier. If the period is more than three months, then you can begin processing an early return.
Early restoration of a driver's license is not possible in all cases. Some violations entail such severe consequences that they do not give any concessions to the driver.
Selected licenses cannot be obtained ahead of schedule for driving while drunk, refusing to undergo a medical examination, or in case of malicious traffic violations.
Video: Revocation of a driver's license. What not to do on the road
How to return your license early
According to the law, early return of a driver's license is possible with exemplary behavior . This formulation raises many questions, because the concept of “exemplary behavior” can be interpreted in different ways.
A clear explanation is found in the rules of parole. Based on this, you can determine the conditions for returning credentials.
Exemplary behavior means:
- Repayment of all existing traffic police fines, including administrative fines that are associated with the transport department (for example, parking in a prohibited place).
- Compensation for damage caused to a citizen’s health or property.
- Admission of guilt and repentance of a citizen who has been deprived of his rights.
- Exemplary behavior in general (has not committed any other offenses).
Early return can begin after half the deprivation period has passed. For example, your rights were deprived for 10 months; after 5 months have passed, you can begin the procedure for restoring your rights.
First, you need to submit a petition for return to the traffic police department where your license was handed over. This is done very simply - you can take the form to fill out on the spot.
You must have the following documents with you:
- passport;
- a receipt for the delivery of documents upon deprivation of the certificate;
- a medical certificate confirming that the driver can drive the car (this is not required, but sometimes it may be required);
- court decision.
If the traffic police department is located in another city, then the application can be sent by mail. In the text itself, you must make a request to send the documents to the traffic police of the city where the offender lives. This process takes about two weeks.
The following point should be noted - rights can be taken away within 3 years after they were taken away. Otherwise, they are destroyed and will have to be restored again.
Video: Is it possible to return your rights early?
Exam in the traffic police
The next step on the path to early return of your driver’s license is retesting your knowledge of traffic rules. This exam is practically no different from the “primary” one.
The test is taken on a computer and includes 20 questions on tickets that are designed specifically for disqualified drivers. Tickets only apply to traffic rules. Questions regarding the provision of medical care and vehicle equipment are excluded.
Testing is quite fast: only 20 minutes are allotted for 20 questions.
The test is considered passed if no more than 2 errors were made. If you fail the exam, you can take the exam again after 7 days. The test can be taken an unlimited number of times.
If the exam is successful, a special card is issued. With this card, as well as the package of the above documents, you need to go to the archive where the rights are stored.
What to do next?
A license will not be issued if full payment of fines has not been made. Even if there is only one debt, the document will not be issued.
You can check the presence of fines on the official website of the State Traffic Safety Inspectorate; you can pay through Sberbank or the State Services website.
As soon as the fines have been paid, the exam has been passed and all documents are ready, you can contact the archive to obtain your license.
In fact, the certificate can be returned on the day of the exam.
Is it possible to return your license early for drunkenness?
Many careless drivers are wondering how to get their license back early for drunkenness. In this case, a driver’s license can be obtained only in two cases:
- wait until the deprivation period ends and obtain the document legally;
- appeal the decision to deprive of rights in court.
Early restoration of a driver's license for driving while intoxicated is impossible.
Many motorists have heard about the new law, according to which it is possible to return selected licenses ahead of schedule. This legal act leaves no chance for early restoration of a document for drunkenness.
There is a small chance to keep your driver’s license with you - to resolve the issue through the court . Let us remind you that only a court can deprive a person of rights.
You should not miss a trial without a good reason. The judge has the right to consider the case without the driver and make a decision not in his favor.
The best solution would be to come to the meeting having previously prepared for it. You can hire a lawyer or defend yourself. The main thing is to know how to do it.
You can revoke your license for driving while drunk only based on the results of the examination. If this procedure was not carried out, then the court will leave the rights with the car owner.
If the examination was carried out with some violations, then there is a fairly high chance of remaining with your license. Among such violations are:
- absence of 2 witnesses or their signatures in the document;
- use of an uncertified breathalyzer;
- the breathalyzer data does not correspond to the protocol data, etc.
If such mistakes were made, then the evidence base can be scattered. In this case, rights will not be deprived, or they will not be deprived for the maximum period. If the judge’s decision is not satisfactory, then after the trial it can be appealed within 11 days.
Thus, in order to get your driver’s license back, you need to submit an application to the traffic police, pass a test, pay fines and collect the entire package of documents. This is the only way to restore your rights ahead of schedule.
Early return of rights after deprivation
Those deprived of the right to drive a car will be able to regain their license before the end of the deprivation period.
The relevant committee of the State Duma of the Russian Federation approved draft law No. 561521-6 “On Amendments to the Code of the Russian Federation on Administrative Offenses” and recommended its adoption in the first reading by the State Duma of the Russian Federation. The bill provides for the possibility of early return of rights to persons who have been deprived of a driver's license for violating traffic rules. So, if a legislative initiative is adopted, drivers deprived of the right to drive vehicles will be able to return their driver’s license after at least half of the deprivation period has expired.
Early return of rights carries the same principles as parole for a criminal offense.
For example, according to the new Federal Law (Bill No. 561521-6), which amends the Administrative Code of the Russian Federation, it provides for the possibility of exemption from punishment for violating traffic rules for exemplary behavior. However, in order to return their license before the expiration of the deprivation period, drivers will need to submit a corresponding petition to the court at their place of residence. Based on the characteristics of the driver and his behavior during deprivation, the judge may decide to end the period of restriction on driving.
"" Attention! Also, the new federal law provides for the abolition of retaking the theoretical exam at the traffic police to return licenses for those who have been deprived of a driver’s license for up to 1 year. Read about this at the end of the article ""
For what traffic violations is it possible to return your license early?
Unfortunately, the bill providing for the possibility of returning a driver’s license before the expiration of the period of deprivation at the first reading has undergone significant changes in the process of elaboration and approval in various committees of the State Duma.
Let us recall that initially the legislative initiative of the deputies provided for the possibility of returning the rights to parole (early) for deprivation of any traffic violations. But for the upcoming consideration of the law in the State Duma, the text of the document has changed dramatically .
Thus, according to the new legislation, the return of rights is possible only for violations of traffic rules not related to driving while intoxicated or refusal to undergo a medical examination.
That is, in other words, persons who, according to court decisions, were deprived of the right to drive motor vehicles, for driving a vehicle while intoxicated, or for refusing to undergo a medical examination, will not be able to return their license early.
Here is a list of articles of the Code of Administrative Offenses of the Russian Federation, according to which drivers will not be able to return their licenses ahead of schedule:
. Articles 12.8, 12.26, 12.27 Part 3 of the Code of Administrative Offenses of the Russian Federation.
Also, here is a list of articles of the Administrative Code of the Russian Federation for which deprivation of rights is provided, as well as the opportunity to return a driver’s license early (before the expiration date of the restriction of the right to drive vehicles):
Article 12.2 part 2 of the Administrative Code of the Russian Federation “Driving a vehicle without license plates”, “Driving a vehicle with hidden license plates” - deprivation of rights from 1 to 3 months or a fine of 5,000 rubles.
Article 12.2 part 4 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle with obviously false state registration plates” - deprivation of rights for a period of 6 months. up to 1 year.
Article 12.5 Part 3 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle on the front of which lighting devices with red lights or red reflective devices are installed, as well as lighting devices, the color of the lights and the operating mode of which do not comply with the requirements of the Basic Provisions for the admission of a vehicle to operation and duties of officials to ensure road safety" - deprivation of rights for a period of 6 months. up to 1 year .
Article 12.5 part 4 of the Code of Administrative Offenses of the Russian Federation “Article Control of a vehicle on which, without appropriate permission, devices are installed to provide special light or sound signals (except for security alarms)” - deprivation of rights for a period of 1 to 1.5 years.
Article 12.5 Part 5 of the Code of Administrative Offenses of the Russian Federation “The use of devices for giving special light or sound signals (with the exception of security alarms) installed without appropriate permission while driving a vehicle” - deprivation of rights for a period of 1.5 to 2 years.
Article 12.5 Part 6 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle on the outer surfaces of which special color schemes of emergency service vehicles are illegally applied” - deprivation of rights for a period of 1 to 1.5 years.
Article 12.9 Part 5 of the Code of Administrative Offenses of the Russian Federation “Exceeding the established speed of a vehicle by more than 80 kilometers per hour” - 5,000 rubles or deprivation of the right to drive a vehicle for 6 months.
Article 12.9 Part 7 of the Code of Administrative Offenses of the Russian Federation “ Repeated commission of an administrative offense provided for in parts 4 and 5 of this article” - deprivation of the right to drive a vehicle for 1 year or a fine of 5,000 rubles, if recorded by technical means operating in automatic mode.
Article 12.10 Part 1 of the Code of Administrative Offenses of the Russian Federation “Crossing a railway track outside a railway crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from the traffic light or the crossing officer, as well as stopping or parking at a railway crossing” - a fine of 1000 rubles. or deprivation of the right to drive a vehicle for a period of 3 to 6 months.
Article 12.12 Part 3 of the Code of Administrative Offenses of the Russian Federation “Repeated commission of an administrative offense provided for in Part 1 of this article” - a fine of 5,000 rubles or deprivation of the right to drive a vehicle for 4-6 months (driving at a prohibiting traffic light signal or at a traffic controller’s prohibiting gesture).
Article 12.15 part 4 of the Code of Administrative Offenses of the Russian Federation “Driving in violation of traffic rules to the side of the road intended for oncoming traffic, driving onto tram tracks in the opposite direction” - a fine of 5,000 rubles or deprivation of the right to drive a vehicle for a period of 4 to 6 months.
Article 12.15 Part 5 of the Code of Administrative Offenses of the Russian Federation “Repeated commission of an administrative offense provided for in Part 4 of this article” - Deprivation of the right to drive a vehicle for 12 months.
Article 12.16 Part 3 of the Code of Administrative Offenses of the Russian Federation “Driving in the opposite direction on a one-way road” - a fine of 5,000 rubles or deprivation of the right to drive a vehicle for a period of 4 to 6 months.
Article 12.16 part 3 1 of the Code of Administrative Offenses of the Russian Federation “Repeated commission of an administrative offense provided for in Part 3 of this article” - Deprivation of the right to drive a vehicle for 12 months or 5,000 rubles.
Article 12.17 Part 2 of the Code of Administrative Offenses of the Russian Federation “Failure to provide priority in the movement of a vehicle that has special color graphics, inscriptions and designations applied to the outer surfaces, with a blue flashing light and a special sound signal turned on at the same time” - a fine of 500 rubles. or deprivation of the right to drive a vehicle for a period of 1 to 3 months.
Article 12.21 1 part 1 “Transportation of large and heavy cargo without a special permit and a special pass in the event that obtaining such a pass is mandatory, as well as with a deviation from the route specified in the special permit” -
- per driver from 2000 to 2500 rubles. or deprivation of the right to drive a vehicle for a period of 4 to 6 months.
- for officials from 15,000 to 20,000 rubles.
- for legal entities from 400,000 to 500,000 rubles.
Article 12.21 1 part 2 of the Code of Administrative Offenses of the Russian Federation “Transportation of large-sized cargo exceeding the dimensions specified in the special permit by more than 10 centimeters” - fine:
- per driver from 1500 to 2000 rubles. or deprivation of the right to drive a vehicle for a period of 2 to 4 months.
- for officials from 10,000 to 15,000 rubles.
- for legal entities from 250,000 to 400,000 rubles.
Article 12.24 Part 1 of the Code of Administrative Offenses of the Russian Federation “ Violation of traffic rules or vehicle operating rules, resulting in minor harm to the health of the victim” - a fine of 2,500 to 5,000 rubles. or deprivation of the right to drive a vehicle for a period of 1 to 1.5 years.
Article 12.24 Part 2 of the Code of Administrative Offenses of the Russian Federation “Violation of traffic rules or vehicle operating rules, resulting in the infliction of moderate harm to the health of the victim” - a fine of 10,000 to 20,000 rubles. or deprivation of the right to drive a vehicle for a period of 1.5 to 2 years.
Article 12.27 Part 2 of the Code of Administrative Offenses of the Russian Federation “Leaving the scene of a traffic accident in which he was a participant in violation of traffic regulations” - deprivation of the right to drive a vehicle for a period of 1 to 1.5 years or arrest for a period of up to 15 days.
What happens if you return your driver’s license on parole and again violate traffic rules that provide for liability in the form of restriction of the right to drive a vehicle?
According to the new legislation, if the driver, by a court order, is conditionally released early from administrative liability, but during the remaining period of deprivation of rights previously established by the court, is held accountable for violating traffic rules, which also provides for deprivation of rights, then to a new the period of deprivation will be added to the period that has not expired since the early return of rights.
Cancellation of theory retake after deprivation of rights. All the details.
Another main innovation that will come into effect in the legislation if the bill on early return of rights is adopted is the abolition of the mandatory retake of theoretical exams for the return of rights after deprivation of a period of less than 1 year.
Let us remind you that according to the Decree of the Government of the Russian Federation, as well as the new Federal Law “On Road Safety”, those who committed a traffic violation after September 1, 2013, for which liability is provided in the form of deprivation of rights, after the expiration of the period of restriction of the right to drive vehicles, is required to retake the theory to get your license back.
Unfortunately, after the entry into law of this provision, all drivers who were deprived of their rights for any offense fell under its effect. Including even minor offenses, which are punishable by deprivation of a driver’s license for 1-3 months.
Fortunately, our elected officials decided to soften the rules for returning licenses after deprivation for those who were deprived of a driver’s license for up to 1 year and to cancel the obligation of drivers to retake the theoretical exam at the traffic police. However, to return your rights, you will first have to pay the unpaid fines.
Early return of rights after deprivation
By law, the confiscation of a driver's license results in the driver being deprived of the right to drive a car for a certain period of time. The document is confiscated not only for driving while drunk, but also for other offenses on the road. In some cases, a person is deprived of his driving license for a fairly long period. For the vast majority of drivers who have spent their entire adult lives behind the wheel of a car, losing their license overnight is a big stress. So they start looking for loopholes to get their driver's license back.
How, according to the law, you can return your driver’s license early after deprivation in 2019, will be discussed in this article.
Early return of driver's licenses in 2019: what the legislation offers
Once upon a time, in 2015, there was already an attempt to submit for approval to the State Duma a draft law under No. 561521, which introduced changes to the Code of the Russian Federation regarding administrative offenses. It considered the possibility of returning a driver's license ahead of schedule to a traffic violator.
This bill addressed the issue of conditionally early return of rights for any offense on the road. But this bill was not destined to reach the first reading in its original form. It was slightly adjusted, but not in favor of the guilty drivers. Persons who drove while drunk or those who refused a medical examination will not be able to return their license until the expiration of the deprivation period.
The calendar says 2018, but this bill has not yet been adopted, as it is being considered by the State Duma.
Attention! After the bill is approved, drivers will be able to return their license early as soon as half of the deprivation period has passed.
Who has the right to return their driver's license early?
After the adoption of the bill, only those drivers who were convicted for reasons such as:
- driving into the oncoming lane (second time);
- moving in the opposite direction on a street where only one-way traffic is provided (second time);
- crossing a railway crossing at the time of a prohibitory traffic light signal;
- using an unregistered car as a means of transport (second time);
- forgery of registration plates or their concealment, driving with illegally installed special signals;
- exceeding the speed limit by 60 km/h or more, driving through a red traffic light (second time);
- non-compliance with accepted rules for the transportation of dangerous and bulky goods;
- ignoring vehicles with special signals.
According to the law, it will be possible to return the license ahead of schedule through the court and only if the driver demonstrates exemplary behavior during the past but not yet completed period of deprivation. If the driver, due to his employment, cannot submit an application for parole himself, then he can delegate this matter to his lawyer or authorized representative. The submitted document must contain information about full or partial compensation for the damage caused, the repentance of the offender and information that over the past period from the date of seizure of the document he has not been found guilty of other offenses.
Exemplary behavior of a deprived driver
But how can one evaluate the driver’s behavior during this period if he did not violate traffic rules, since he regularly followed the law and did not drive a car? Otherwise, if he had broken the law, he would not have been able to count on any early release.
The phrase “exemplary behavior” probably means the following:
- A driver who has been deprived of his license admits his guilt;
- They repaid all debts on fines issued by the traffic police;
- The property or health-related damage that he caused to citizens has long been compensated;
- Has not been found guilty of any new offences.
The procedure for early receipt of a driver's license after deprivation
You can count on starting the process of early return of your driver's license only when the period for deprivation of the document reaches its equator. Let's look at this using this example: a certificate confiscated for 1 year can be returned after 6 months. The procedure for returning rights requires filing an application with the traffic police.
Where to go
In order to receive a certificate ahead of schedule, you need to send an application to the traffic police department, which accepted it for storage after deprivation. If the driver lives in another place (city, region), then he must send the application to the road service inspection where the certificate was left by mail.
You also need to know that an application for obtaining a driver’s license ahead of schedule must be submitted no later than 1 month before the complete cessation of the ban on driving a vehicle.
In case of repeated violation of traffic rules, the shortened period of punishment will be added to the new period of deprivation of rights.
Documents for returning rights ahead of schedule
In order to early regain the right to drive a car, the driver, when contacting the traffic police department, must have in hand the following documents:
- original civil passport of the Russian Federation;
- an act issued by the traffic police confirming the delivery of the certificate;
- court decision;
- certificate from the medical center;
- written statement.
Theoretical exam
At the next stage of early return of rights, you will need to retake the traffic rules exam using computer testing using tickets. Each ticket contains 20 very different questions that the examinee must answer.
The time allotted for completing test tasks is calculated in 20 minutes, i.e. You are given only 1 minute to think about one question. A couple of mistakes out of twenty made by the driver are considered an acceptable error, so in this situation the exam will be considered passed. If the number of errors exceeds the permissible norm, then the exam is considered failed and the exam must be retaken after a week. As soon as the driver successfully passes all the tests, he will be given a special card. It must be attached to all required documents and sent to the archive where all confiscated licenses of offending drivers are stored.
Familiarization with the application and subsequent issuance of the required document to the traffic police takes place from 1 to 10 days (weekends are not included).
In what cases can early return of rights be denied?
- Even one unpaid administrative fine may prevent the return of rights at an earlier date. The traffic police website has all the information on debts, which can be identified if you enter the driver’s license number or vehicle number in the query line. If there is a debt, then you can pay it off using the State Services portal, Sberbank online or on the traffic police website.
- Drivers who have been convicted of driving while drunk or those who have refused a medical examination to determine the presence (or absence) of alcohol in the body cannot apply for a return of their license before the end of the deprivation period.
- And one more reason affects the refusal to return the rights early and is related to violation of the rules of conduct and failure to fulfill one’s duties during a traffic accident on the road.
Rules of conduct for which early return of the driver's document is not provided:
- drinking alcohol, using narcotic and psychotropic drugs immediately after an accident on the road, or taking these drugs while the car was stopped by a patrol on duty before a medical examination and during the period when the responsible person decides to cancel it;
- the driver's escape from the scene of an accident despite the fact that he was a participant in the incident.
How can I return my license early if the law has not yet been adopted?
We did everything to explain to you how to return your rights ahead of schedule after deprivation, while being guided by draft law No. 561521-6, which addressed the issue of amending the Code of the Russian Federation on Administrative Offenses. But it is unknown when this law will be adopted.
Today, the only way to get your rights back is to file a lawsuit with the courts. A court decision can be appealed within 10 days under Art. 323 Code of Criminal Procedure of the Russian Federation.
Call +7 (499) 455-12-39 (MSK and MO), +7 (812) 426-14-93 (SPb and LO) and 8 (800) 500-27-29 ext.697 (general) and our auto lawyer will answer all your questions for FREE.
How to get your driver's license back early after being revoked?
Drivers with a revoked license can get their license back early thanks to possible changes to the legislation on administrative violations.
The decision is assigned to the judge who considers the motorist’s petition. Since there are no exact criteria, the decision will be based on the following:
- absence of any violations of the law during the period of punishment;
- payment of imposed fines with confirmation by relevant documents;
- payment of compensation for damage caused to victims by the offender.
It is possible to return rights early after deprivation no earlier than half of the punishment period has expired. Reduction of punishment is not allowed if:
- systematic violations of traffic rules;
- seizure due to intoxication;
- driver's refusal to undergo a medical examination.
If the court makes a decision in favor of the early return of the driver's license, the driver will need to retake the exam on traffic rules theory.
Attention! The legislation does not provide for restrictions on the number of retake attempts.
Until this law is adopted, it is impossible to return rights ahead of schedule. The only chance to stay with a driving license is to prove your innocence during a court hearing to confiscate your ID.
Is it possible to take away driving licenses if the court has decided to confiscate them for a violation?
At the 36th meeting of April 7, 2017, the relevant committee of the State Duma of the Russian Federation approved bill No. 561521-6, which considers whether it is possible to return rights ahead of schedule. Thus, upon adoption of this project, the driver will be able to return his driver’s license in cases where more than half of the assigned punishment has expired.
Important! The principle of how to return a driver's license after deprivation early is based on the experience of parole for criminal liability.
For example, it is possible to be released from punishment for violating traffic rules in case of exemplary behavior. To return the document, you will need to file a petition with the court at the violator’s place of residence. Based on the characteristics of the driver and his behavior during the seizure, the court may rule in favor of ending the driving restrictions.
This bill is currently undergoing many changes with the approval of various committees of the State Duma of the Russian Federation. Initially, the bill on how to return your license early after deprivation implied the return of the license for any traffic violation.
However, after consideration of the bill in the State Duma of the Russian Federation, this point changed. Now, people who are caught in a state of intoxication or refuse to undergo a medical examination will not be able to return their driver’s license before the established period.
What documents must be presented in case of return of the temporary residence permit?
Is it possible to return your license early after deprivation? It is possible to return a previously established document only after half the period of deprivation has expired. For example, if the withdrawal was scheduled for 10 months, then you can begin the return procedure only after 5 months have passed.
First of all, the traffic police department where the driver's license was handed over is visited and a request for return is submitted. This is done using a very simple form, and those who are interested in whether it is possible to obtain rights early after deprivation will be able to fill out everything on the spot. You need to have with you:
- passport of a citizen of the Russian Federation;
- a receipt confirming the delivery of the certificate;
- standard medical certificate for the university;
- the court's decision.
How to return your license early if the traffic police department is in another city?
In this case, the application is sent by mail. The text indicates a request to send the documents to the traffic police department at the offender’s place of residence. This process may take up to two weeks.
Important! A confiscated driver's license must be returned no later than three years after surrender. Otherwise, the document will need to be restored.
Which government body is involved in resolving this issue?
Many Russian motorists think that after drawing up a report on some of the traffic violations, they have already been deprived of their driver’s license. In reality, only a court can make such a decision.
When wondering whether it is possible to return your rights before the deprivation period, it is important to understand that you can completely avoid the seizure of the document. For example, if the decision to confiscate the certificate was made within a period exceeding 2 months. The fact is that the court has only two months to make a decision.
In cases where it is impossible to delay the court hearing, it is possible to prove your innocence or the inconsistency of the accusation. Witnesses are brought in as confirmation. Or the tactic of proving the inconsistency of the testimony of prosecution witnesses is possible. There are many ways to challenge the protocol - from indicating the wrong article to writing the wrong date or making an error in the driver’s data.
It is also possible to appeal a court decision to a higher authority. Since an ordinary driver is not able to figure out in this situation whether it is possible to return the license ahead of schedule, it is permissible to seek the help of a car lawyer.
The lawyer will be able to appeal the verdict, which will allow, on the basis of the decision, to withdraw the driver's license ahead of schedule without passing the theoretical exam. Detailed information on the return of documents after deprivation is described in Resolution No. 1191.
Persons who wish to return their driving license after the expiration of their punishment must submit a corresponding application to the traffic police department and pass a theoretical exam. If unsuccessful, you can try again only after a week. The number of attempts is unlimited.
It must be remembered that, according to clause 9 of Resolution No. 1191, in cases where the holder of a license has become invalid during the period of withdrawal, its return is carried out in accordance with the initial receipt procedures: passing an exam, submitting the necessary documents and paying a fee.
Here are other ways to return your car license early, which drivers use because of temptation.
Tips for drivers on how to legally and without problems get a license early after deprivation
According to the Administrative Code of the Russian Federation, a driver deprived of his license may be early released from this penalty.
To do this, the court must recognize that the offender behaved exemplary and does not need to serve a subsequent sentence. That is, he can drive vehicles.
The amendments indicate that this is possible only after serving half the term of imprisonment. In case of repeated violation of traffic rules, the early return of the driving license is cancelled.
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Is it possible to get the document back before the sentence expires?
This is possible if the driver behaved lawfully. It is permissible to return your rights early after half of the assigned period of deprivation has passed. For example, if a citizen was deprived of his driver’s license for 8 months, then after 4 months, he has the right to begin the restoration procedure.
To do this, submit a request for the return of the license to the appropriate traffic police department where the driver’s license is stored. You can pick up the form to fill out there. If the State Traffic Inspectorate unit is located in another city or region, the application is sent by mail and in the text indicate a request to send the license to the State Traffic Inspectorate office at the place of actual residence of the driver. This may take several weeks.
Is this allowed if the driver's license was revoked for drunkenness and other violations?
The legislation that provides for the possibility of returning rights ahead of schedule has undergone significant changes. Initially, a driver's license could be returned on parole if any traffic violation was committed. Now, the legislative document has been radically changed and they can get their rights back only for those traffic violations that are not related to refusal of medical care. examination or driving while intoxicated.
Violators held accountable under Articles 12.8; 12.26; Part 3 12.27 of the Code of Administrative Offences, do not have the right to restore their driving documents ahead of schedule.
How to get a driver's license back after a trial?
Rights can be returned early subject to exemplary behavior. This formulation raises many related questions, but the parole rules clearly explain how the exemplary behavior of violators is assessed. Based on these rules, the following conditions can be noted for early receipt of a driver’s license:
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Payment of all fines to the State Traffic Inspectorate (including administrative penalties related to driving a car. For example, parking in the wrong place).
Compensation for damage caused to the property or health of another citizen.
Admitting one's guilt.
Proper conduct, which means there are no other offenses.
Not every driver can count on premature reinstatement of their driver's license. Pernicious violators of traffic rules; Drivers whose licenses have been revoked for drunkenness or for refusing to undergo a medical examination cannot return their licenses early. If the driver has the right to engage in the return procedure and is a conscientious citizen, after half the sentence the restoration process can begin.
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Contacting the traffic police with a corresponding application. The following documents must be attached to it:
Medical certificate allowing you to drive (if necessary).
A document confirming the delivery of a driver's license.
Re-passing the exam at the State Traffic Inspectorate. When initially obtaining a license, you are required to pass three exams: 1 theoretical and 2 practical (at the training ground and around the city). When re-examining, you only need to confirm your theoretical knowledge.
The exam is carried out in the same order, the same questions are asked (20 pcs.) on knowledge of the Administrative Code and Traffic Rules. If you fail the exam, a retake day is scheduled to try again.
Payment of all fines in full. If the driver has at least one debt, he will not be given a license. Payment is made at Sberbank or over the Internet (using payment systems, the State Services website). After preparing documents, paying fines and successfully passing the exam, you can demand your rights back. If the driver is well prepared, the document can be picked up in a couple of days.
Purchasing a document - pros and cons
Not all drivers want to get their license back through the court, because there is an easier way - buying a driver's license. The advantages of purchasing are as follows:
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High production speed.
Minimum list of documents.
Minimum financial investment.
However, you need to understand that such companies are scammers and produce fake documents. And driving a car with a fake license will only add to the term of imprisonment. According to Article 327 of the Criminal Code, the use of false documents provides for a fine of up to 80,000 rubles, either in the amount of the salary or other income of the offender for a period of up to six months.
In addition to fines, they may be sentenced to forced labor (up to 480 hours), correctional labor (up to 2 years) or imprisonment (up to 6 months).
There is a single database of the State Traffic Inspectorate, which records all issued driver’s licenses , all deprivations, decisions and fines. The first time you run through the database, an illegal document will be detected and the driver will be punished.
Is it possible to return early if the theory is not passed?
In accordance with the Decree of the Government of the Russian Federation and the Law on Road Safety, persons who violated traffic rules after September 1, 2013, upon expiration of the sentence, must retake the theoretical exam to restore their rights.
After the adoption of these legislative norms, absolutely all drivers deprived of their rights for any period (even for one month) had to take the exam again.
But, another innovation has appeared in the legislation about the early return of a driver’s license. Namely, the abolition of the mandatory re-passing of the theoretical exam to restore a driver’s license after deprivation, if the sentence is less than 12 months.
What happens if, after returning on parole, you violate traffic rules again?
According to the updated legislation, a driver who was early released from administrative punishment, but during the remaining period of deprivation previously designated by the court, violates traffic rules, will again be deprived of his license. At the same time, to the new period of deprivation established by the court, the period that has not expired since the date of parole for the return of rights will be added.
Illegal return of rights will only aggravate the situation and bring new liability. Therefore, the best way out is to be patient and carefully prepare for retaking the Road Traffic Rules exam.
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