Why can bailiffs confiscate a driver's license?

Confiscation of driver's license by bailiffs

The content of the article

Since the beginning of 2016, the list of restrictions as measures of influence on debtors in respect of whom there is enforcement proceedings has been expanded. Previously, if there was a debt of more than 10,000 rubles, traveling abroad was prohibited. But, given the difficult economic situation in the country, in which only a small percentage of citizens can afford a vacation outside the Russian Federation, the travel ban did not provide high efficiency in debt collection. In this connection, changes were made to the Federal Law “On Enforcement Proceedings”.

Now for the debts:

for alimony obligations and non-material requirements related to raising children;
requirements for the collection of fines for traffic violations;
for compensation for damage caused to health or in connection with the death of the breadwinner;
in cases of compensation for property and moral damage caused as a result of a crime

Bailiffs can restrict the debtor's special right to drive a vehicle. This measure applies to those drivers who refuse to voluntarily repay the debt.

According to statistics, in Russia about 37% of debtors have a driver’s license, of which the largest number are people who do not fulfill their alimony obligations.

Mechanism for restricting the right to drive a car

After enforcement proceedings have been initiated, the bailiff sends a notice indicating the period during which payments can be made voluntarily. Since the new year, an innovation in some regions of Russia has been a line on the form - a warning that if the court decision is not executed, the driver’s license may be temporarily withdrawn.

Important! However, the Law does not provide for special warnings about seizure. The above changes to the form are optional and remain at the discretion of regional and municipal departments.

In accordance with the law, a person is considered officially notified in the following cases:

The debtor received the notice in person, but refused to sign. This happens in cases where bailiffs conduct raids on the place of residence of persons in debt;
receiving a mail notification of the presence of a summons, but refusing to appear for it;
the summons was sent to the debtor's last known residential address, which became known from the debtor's written explanations

Personal delivery to the debtor of a resolution on temporary restriction of a special right.

Exceptions

It is worth paying attention to the fact that not all bailiffs can take away the rights of all debtors. The legislation provides exceptions to this effect. These include:

disabled people of groups 1 and 2, as well as parents of disabled children;
citizens for whom driving a vehicle is an official source of income;
debtors living in areas difficult to reach for transport;
persons who have an installment plan to repay their debt with a schedule. To avoid misunderstandings, we advise you to always have a certificate of installment payment with you when driving.

In practice, there are often cases when bailiffs conduct joint raids together with traffic police officers. If the driver is already limited in driving a vehicle, but continues to drive, then he faces liability under Article 17.17 of the Code of Administrative Offenses of the Russian Federation for violating a temporary restriction within the framework of enforcement proceedings. The punishment includes deprivation of the right to drive a vehicle for up to 1 year, or compulsory work for up to 50 hours.

The temporary deprivation is valid until the debt is repaid. Unfortunately, the bailiff service does not always work promptly, and changes to the database are not made immediately after funds are deposited, so it is better not to bring the matter to a debt of more than 10,000 rubles.

Important! Each driver can quickly and absolutely free of charge personally find out whether there is enforcement proceedings against him on the FSSP website by clicking on the link: http://fssprus.ru/iss/ip/. This system is unique and has no analogues in any country.

Thus, if enforcement proceedings have been initiated against you by the Bailiff Service, we strongly recommend that you do not hide from the bailiffs, as this may lead to one day temporarily taking away your driver’s license or not allowing you to leave the country. In addition, if the case concerns alimony, then a large debt ultimately threatens criminal prosecution under Article 157 of the Criminal Code of the Russian Federation. If you have additional questions about debt repayment, as well as methods of interaction with the FSSP, you can seek help from a qualified lawyer who will help you figure it out.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.

Can a driver's license be revoked for debt?

Deprivation of a driver's license is one of the most terrible punishments for any driver . But you can lose your driver’s license not only because of traffic violations or driving a vehicle while intoxicated.

The legislation provides for the deprivation of a driver's license for debts . The law on deprivation of rights for debts came into force on January 15, 2016. Full title of the document: “On Amendments to the Federal Law “On Enforcement Proceedings”.

The right to restrict debtors' ability to drive a car is vested in the bailiff service . But, despite the legislation, it is not easy to deprive a driver of the right to drive a car.

Let's consider in what cases it is possible to deprive the right to drive vehicles for debts in 2019. We will also answer the question of whether rights can be deprived for debts on a loan.

Law that came into force on January 15, 2016

Deprivation of the right to drive a vehicle occurs in accordance with Articles 340-FZ, adopted on November 28, 2015, which came into force at the beginning of 2016.

Then new legislation allowed bailiffs to restrict the rights to drive a car, air, sea, river vessels and other vehicles.

The driver's licenses of those who evade payment of alimony, traffic police fines and other debts are temporarily suspended: for example, compensation for harm to health or moral harm, property damage.

For what debts can a driver's license be revoked? The right to drive a vehicle may be suspended if the driver has various debts that exceed 10,000 rubles, and if the driver refuses to pay:

alimony;
fines;
loan (loans are subject to penalties and fines);
public utilities.

A temporary restriction of the special right to drive a vehicle is the suspension of the special right to drive a motor vehicle (car, aircraft, ship, inland water transport, motorcycle, moped, self-propelled vehicles) until the requirements of the executive document are fulfilled in full or until grounds for lifting the restriction arise.

The procedure for limiting vehicle control

Can bailiffs deprive a driver’s license for debt? The court makes a decision to collect a certain amount of money from the debtor through the executive service.

The resolution on restricting the rights to drive a vehicle must explain to the debtor his obligations to comply with the established restriction, as well as administrative liability for violating the order.

The resolution is approved by the senior bailiff, and his deputy also has the right to do so.

Afterwards, the bailiffs contact the debtor within 5 days and offer to repay the debt within the established time frame. Then a penalty begins to accrue, 7% of the debt amount.

Those. During the process of deprivation of rights for debts under writs of execution, the motorist is sent a notice indicating the period for voluntary repayment of the debt, as well as the measures that the bailiffs will take if the debt is not paid.

This is the only notification. There will be no other special warnings. If there is no reaction, the bailiffs will suspend the rights after notifying the citizen about the entry into force of the corresponding restriction.

The driver's license is not confiscated, but information about the execution of enforcement actions is sent to the traffic police database. Information about the driver may remain in this database until the driver pays off all his debts in full.

Temporary deprivation of the certificate also applies until the violator repays the debt. As soon as the debt is repaid, the driver’s license will be renewed within 24 hours. The next day, the bailiff will lift the restriction and transfer the data to the traffic police.

But FSSP employees do not always fulfill their duties promptly and clearly. Lifting the suspension may take a while . It’s easier not to delay paying various debts than to deal with the FSSP and wait for your rights to drive a vehicle to be restored.

Rights are taken away for land and water modes of transport . The legislation affected not only vehicles, but also boats, motor boats and other water transport.

Deprivation is also possible if the total amount of debts exceeds 10,000 rubles.

But depriving someone of the right to drive a vehicle is not so easy.

Is it possible to avoid temporary revocation of a driver's license?

Let's consider the conditions that allow a motorist to prevent the suspension of his driver's license for non-payment of debts.

The restriction does not apply:

if the suspension of the right to drive a vehicle simultaneously deprives the citizen of the main legal source of income;
if the use of a vehicle for the debtor and the family member living with him is the only means of ensuring livelihoods, taking into account the limited transport accessibility of places of permanent residence;
if the debtor is a person using a motor vehicle due to a disability, the debtor is also dependent on a person with disabilities of groups I and II or a disabled child;
the debtor was granted a deferment or installment plan for fulfilling the requirements;
the amount of debt under enforcement documents does not exceed 10,000 rubles.

Checking debts and fines

Debts can be checked using the service on the official website of the Federal Bailiff Service: https://fssprus.ru/iss/ip/.

The service creates and maintains a database of enforcement proceedings in electronic form, which is regulated by Law No. 229-FZ “On Enforcement Proceedings” dated October 2, 2007.

A citizen checks debts by full name, passport number, INN, SNILS . If the debt cannot be found using these documents, then there is nothing to worry about.

As for traffic police fines, State Traffic Inspectorate employees transfer them to bailiffs 80 days after the violation.

Then the bailiffs have the right to restrict the validity of the driver's license due to the driver's refusal to pay for his violations. It is very easy to check for traffic fines. The procedure does not take much time.

There are many services on the network that allow you to find out information about the presence of penalties imposed on the driver, the most popular of which are:

Traffic police website : http://www.gibdd.ru/check/fines/. The driver enters the data of the state registration plate and vehicle registration certificate.
State Services Portal : https://www.gosuslugi.ru/10001/1. You must log in to the system and enter the same data as on the traffic police website.
Autocode portal : https://avtokod.mos.ru/Fines/Info. On the website you can check fines by resolution number.

Temporary deprivation of the ability to drive a car for debts

Bailiffs apply temporary restrictions only when the debtor does not want to voluntarily repay the debt.

The right to drive a vehicle is revoked after notification . First, the bailiffs offer to repay the debt voluntarily.

Bailiffs must warn the debtor that he faces a temporary restriction on driving a vehicle. If there are no valid reasons for failure to fulfill the requirement within the established period, the debtor is limited in the right to drive the vehicle.

The debtor is notified of the restriction . In this case, the citizen is considered notified, even if:

refused to receive a summons or other notice, did not appear for the summons;
the notice was sent to the last known place of residence of the debtor, but the person did not receive the notice;
the notice was sent in electronic form, signed by the bailiff with an electronic signature.

If a motorist has received notification of the delivery of a registered letter, but decides not to pick it up from the post office, he is considered notified.

You need to be very careful. The practice is that a driver’s license may be revoked unexpectedly for the debtor. If you have suspicions, it is better to check the debts on the bailiffs website.

Otherwise, the motorist will only learn about the temporary deprivation of the right to drive a vehicle when he is stopped by a traffic police inspector.

Punishment for violation

Article 17.17 of the Code of Administrative Offenses of the Russian Federation regulates that in case of violation of the established time limit on the use of a special right to drive a motor vehicle, the driver will be punished with compulsory work for up to 50 hours or deprivation of rights for up to a year (http://www.consultant.ru/document/cons_doc_LAW_34661/a18ad74588b261ec202b93dbdab7215fa77fbb73/) .

In other words, if a motorist ignores a temporary restriction on driving a car (or does not receive a notice with information from bailiffs), upon the first stop by a traffic police inspector, the driver will receive a punishment in the form of compulsory labor or deprivation of a driver’s license for a year.

Also, driving a vehicle after an imposed restriction in some cases can be equated to driving a car without a driver’s license.

Then the motorist will face the following punishment (Article Code of Administrative Offenses of the Russian Federation 12.7):

a fine of 5,000-15,000 rubles if the driver does not have the right to drive a car (exception: training driving);
a fine of 30,000 rubles, administrative arrest for up to 15 days or compulsory work for 100-200 hours, if the driver has been deprived of his driver’s license;
30,000 rubles fine if control of the car was transferred to a citizen who does not have the right to drive the vehicle (or has been deprived of such right).

If the debtor evades the time limit or payment of debts, he will achieve nothing, but will only aggravate the situation.

Replacement of driver's license

Car owners often ask whether it is possible to get a new driver’s license to replace a suspended one.

The restriction is imposed on driving a vehicle, not on the document itself. You cannot drive, and your driver's license can be changed due to expiration or change of surname.

Please note: the temporary restriction of a driver’s license will be transferred to a new document. Even if the license is replaced, you cannot drive the car.

Many car owners were very unhappy with this innovation, but single mothers, whose ex-spouses evaded paying child support, perceived the new law positively. Such debts can amount to hundreds of thousands of rubles or millions.

If previously debtors could feel unpunished, after the introduction of the new law the situation has changed. Banks also reacted positively to the innovation. Some citizens take out loans, and then cannot pay off and begin to hide from the performers.

The law applies to those persons who do not consider it necessary to pay fines issued for traffic violations, alimony, compensation for damage caused, or loan debts.

The right to drive is blocked for any type of transport. The driver's license itself will not be confiscated in case of temporary restriction of rights.

The driver's license is renewed after the entire debt is paid. Full payment of all debts means the end of the application of measures to restrict the driver’s license to the driver.

But often bailiffs delay the restoration of rights for several days or weeks. Provide the bailiffs with payment receipts and checks.

The car owner can achieve deferred payments or installments . It is better for the driver to use the services of a qualified lawyer who will help defend his rights.

If litigation begins, the specialist will help simplify the process itself and achieve the result that his client needs.

We remind you that debtors face not only the blocking of their driver’s license, debtors are also prohibited from traveling abroad.

During the holiday season, for some, this is the most effective measure that will force you to sort out all your debts in the shortest possible time.

Video: In what cases will bailiffs not be able to take away a driver’s license?

Deprivation of a driver's license for debts in 2019

A special norm has been adopted in the Russian executive code of laws, which has become an additional lever of pressure on those car owners who, in all sorts of ways and for various reasons, shirk the payment of accumulated debts. The fundamental essence of this amendment boils down to the fact that if previously only traffic cops could take away a driver’s license (and only for known deviations from the road rules), then from now on, in 2019, judicial bailiffs are also authorized to do this. The regulation establishing this legislative norm has been in effect since January 15, 2016.

Such an innovation, naturally, concerns a large community of debtor drivers, including those obliged to pay child support. In our publication, we will talk about what debts a driver can be deprived of a driver’s license for, as well as the threat of fines for failure to comply with the restrictions on driving that are temporarily imposed by court officials.

Checking debts from bailiffs

Until the moment when it finally comes to temporary deprivation of rights by bailiffs, it would be reasonable to inquire whether there are any debt “tails” in the national information database.

It becomes possible to clarify the existence of debts if you use your passport number, INN or SNILS. In the event that the database does not issue any debt confirmations based on these parameters, you can be absolutely confident in the very minimal risk of suspension of your driver’s license.

Temporary deprivation of driver's license for debts

I would like to note that bailiffs do not immediately punish the debtor, that is, they do not suspend his driver’s license on the first day. First of all, they offer the debtor driver to voluntarily pay off the debt under the writ of execution. In case of failure to comply with the requirements of the bailiff under the writ of execution, they are authorized to temporarily restrict the validity of the debtor’s driver’s license.

Moreover, the debtor driver is obliged to inform in advance that in case of failure to pay the debt, he will be deprived of his driver’s license. By the way, in executive law there are very interesting and important clarifications of the notification process.

So, if a notification of a registered message was delivered to a citizen, but the person did not pick up the letter for his own reasons, he is already in the status of an officially warned person and may be deprived of his rights for debts.

In general, it is important to be very careful and careful in such positions. It would not be superfluous to go to the bailiffs and figure out the problem of the existence of debts, eliminate them, so as not to be suddenly punished by the deprivation of rights. Otherwise, don’t be surprised if a traffic cop somehow detains you and informs you that you are already “without rights” and “rewards” you with a very bad punishment (we will examine this point in more detail later in the publication).

For what debts can one lose the right to drive a car?

Below is a detailed list of debt obligations that may be grounds for revocation of a driver’s license.

Deprivation of rights for non-payment of alimony in 2019

True, for non-payment of alimony you can lose your rights. The reason for this radical and extremely unpleasant measure will be unpaid alimony (late paid - inclusive), established by the court and set out in its order or in the alimony agreement.

The legal grounds according to which the right to sit behind the wheel of a car will be limited:

unpaid alimony has grown to 10 thousand rubles (that is, “up to this border” you can ride calmly, without fear of becoming “deprived”!);
deliberate failure to pay alimony payments (that is, the payer was informed about the debt, but he still did not pay for it). It is worth clarifying here: when the debtor is ill, experiencing financial difficulties, or has other serious factors, then this sanction will not be imposed.

When is deprivation of rights for alimony impossible?

Let's list the moments prescribed by law when deprivation of a driver's license for alimony debt is not extended to motorists. This won't happen if...

there is no calculation of alimony within 10 thousand rubles;
debt payment is officially deferred or in installments;
the alimony payer works as a driver or provides motor transport services, which is impossible without a driver’s document and will make him unemployed;
if the driver and his household live in such remote and inaccessible areas that without transport it is simply impossible to exist there and provide oneself with everything necessary for life;
the alimony payer has a disability group;
the driver supports dependents: disabled children, as well as adults with disabilities of groups 1 and 2.

Can your license be revoked for criminal offences?

It is important for drivers who are concerned about this issue to know that a precise and complete definition of the term crime is contained in Russian criminal law:

The conclusion is this: a motorist can be temporarily deprived of a driver’s license when there are material debts that are in one way or another related to criminal law.

Can rights be suspended for debt on a loan?

The answer is clear: rights are not confiscated for debts on loans. This can only be done for specific types of debt situations and in a number of circumstances listed above.

In 2019, such a punitive measure will not be introduced when the car owner must pay money for car repairs after an accident or incident on the road.

How to avoid deprivation of rights for debts?

Let's name, point by point, those factors when a citizen can legally avoid temporary deprivation of rights for debts:

the defaulter is officially employed as a driver, and without a driver’s license he will not be able to perform his functions and earn a living, which will not allow the judicial authority to block the validity of his driver’s license;
if a citizen and his family live on a farm, in a remote area, where buses and trains do not go, where it is simply impossible to survive without transport;
when the debtor driver is disabled or supports minors or adults with disabilities (groups 1 and 2);
the amount of debt does not reach 10 thousand rubles, which is important for every debtor driver to remember (if you go beyond this amount, you risk being without a license!);
a person pays off the debt amount in installments or the payment is deferred altogether (remember this point if you ever find yourself on the verge of losing your rights due to existing debts!).

How to end the temporary deprivation of rights?

The restriction on driving a car remains until the debt is completely and completely paid off. After this, literally the next day, the deprivation is stopped by the bailiff, and the information is transferred to the traffic cops.

This will be the case, of course, in the ideal case. And in life there are delays in the cancellation of punishment, because bailiffs are not always in a hurry. So it’s better to try not to lose your rights at all and then not experience the grueling process of their renewal!

Fine for violation of temporary deprivation of rights

We suggest that you carefully study Article 17.17 of the Code of Administrative Offenses of the Russian Federation:

Please note that failure to comply with the temporary suspension of your driving privileges will entail a rather severe penalty. So, if you decide to ignore this fact (and also if you did not pick up the notification letter at the post office), you seriously risk doing community service (up to 50 hours) or will be left without a driver’s license for up to one year.

In short, keep track of your debts! You should not run into negative consequences and administrative penalties in the form of blocking your car license, fines or community service.

Conclusion

So, let's summarize the main results and emphasize the main points of our publication.

First of all, we list the debt cases for which, from January 15, 2016, a motorist may be left without a driving license (detailed in the national norm “On Amendments to the Federal Law “On Enforcement Proceedings” and certain legislative acts of the Russian Federation”):

debt amounts for alimony obligations exceeding 10,000 rubles;
payment of monetary compensation for harm caused to health, as well as in connection with the loss of a breadwinner;
compensation for psychological and material damage with a debt amount of more than 10,000 rubles under the Criminal Code of the Russian Federation;
non-property debt;
other payments, the amount of which exceeds 30,000 rubles.

Secondly, failure to repay loans taken from banks will not lead to the restriction of the validity of the driver’s license.

Thirdly, the debtor will not be prohibited from driving a car in the following cases:

if he works as a driver of a vehicle, which is his only official income;
if he lives in a remote and inaccessible area where a car is vital;
if the driver has a disability or supports disabled people (children, as well as groups 1 and 2);
if the amount of debt is within 10 thousand rubles;
if there is an officially permitted deferment or installment payment plan.

And finally, the loss of driving documents is relevant until the final and full payment of debts.

Deprivation of a driver's license for debts - what does the law say in 2019?

Asking a lawyer is faster than reading!

Ask a question right now and get a free consultation. We will respond within 5 minutes and solve even the most difficult situation.

In January 2016, a rule came into effect allowing temporary restrictions on the driving rights of debtors. After its adoption in 2019, cases of restricting the validity of a driver’s license for debts have become more frequent. This article will help you find out in what situations there is a high probability of documents being confiscated and what needs to be done to return your driving license.

Seizure of a driver's license by bailiffs

Limitation of rights for debts is carried out on the basis of Federal Law No. 340 , which was adopted on November 28, 2015. The regulatory legal act amended the Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” . According to the provisions of Art. 67.1 of this law, if the debtor does not fulfill his obligations, he may be temporarily removed from driving the car.

It should be remembered that restricting the right to drive vehicles is not the first impact on the debtor that bailiffs use. A driving restriction is imposed if the driver refuses to repay the existing debt. To understand for what debts bailiffs can deprive a driver’s license, you need to refer to the current legislation. Clause 14.2 of Article 30 of Federal Law No. 229 “On Enforcement Proceedings” states:

The bailiff, in the resolution to initiate enforcement proceedings, warns the debtor about the establishment of time restrictions in relation to him, provided for by this Federal Law, in case of failure to fulfill the requirements contained in the executive document within the time limit established for voluntary execution without good reason.

Restriction of the right to drive a vehicle for debts from January 15, 2016 is carried out strictly after sending a notice demanding fulfillment of obligations. If there is no action on the part of the car owner, a restriction will be imposed on the driver's license. The nuances of providing notices are fixed in Law No. 299 “On Enforcement Proceedings” . The regulatory legal act fixes the following features of the procedure:

Persons participating in enforcement proceedings are considered notified if:

The addressee refused to receive a summons or other notice.

Despite receiving the postal notice, the addressee did not appear for the summons or other notice sent to his address.
A summons or other notice is sent to the last known place of residence of a person participating in enforcement proceedings, or to the address communicated by him in writing to the bailiff for notifying this person (including by email address), or a summons or other notice is sent in another way specified by such person, but the person sent the summons did not receive any other notice.
The notice in the form of an electronic document signed by the bailiff with an enhanced qualified electronic signature is sent to the addressee using information and telecommunication networks in the manner established by the Government of the Russian Federation.

Experts advise to be careful. If the owner of the car received a message that a registered letter , but the citizen decided not to receive it in the hope of delaying the application of punishment, it is considered that the requirements of the current legislation have been met, and the restriction of the right to drive a vehicle on the basis of Art. 67.1 229-FZ may be introduced.

The executor responsible for implementing the court decision may limit the rights of the debtor unexpectedly. for the latter, the driver can find out about the imposition of a temporary restriction only during a stop by the traffic police . In order to avoid unpleasant consequences, it is recommended to monitor the status of debts and repay them in a timely manner.

Deprivation of rights for loan debts

To find out whether rights can be taken away for loan debts, the car owner must also refer to the current legislation. Federal Law No. 340, adopted on November 28, 2015, amended Law No. 229 “On Enforcement Proceedings” , according to which a person can be suspended from driving a vehicle for overdue loans. For the enforcement measure to be applied, the following conditions must be met:

the amount of debt exceeds 10,000 rubles;
the court decided to seize the driver’s license;
The bailiff notified the borrower of the impending punishment , but he did not take action to resolve the situation.

Conditions may be partially met. Thus, the bailiff can temporarily deprive the debtor of the right to drive a vehicle even before the final verdict in the case is made, by raising the relevant issue in court.

According to Federal Law 229 “On Enforcement Proceedings ,” bailiffs are required to warn a person that the driver’s license will be seized if the debt is not repaid. 5 days to close it . If payment is not received within the prescribed period, the right to drive the car will be suspended. The bailiff does not confiscate the debtor's driver's license, but sends notifications to all traffic police services.

It will be possible to regain the ability to drive the vehicle only after the debt has been fully repaid. Until this moment, a person can travel by car only as a passenger. The restriction will be lifted 1 day after the debt is repaid.

For what debts will a driver's license be revoked in 2019?

To find out for what debts a driver’s license may be restricted, you need to read Federal Law No. 229 “On Enforcement Proceedings”. Article 67.1 of the regulatory legal act states :

If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the executive document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or ) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use debtor special right.

Based on the above passage, we can conclude that deprivation of a driver’s license for debts is carried out in the following situations:

the driver does not pay child support;
a person has a debt to compensate for moral or material damage caused by a crime;
the debtor does not fulfill non-property requirements related to raising children ;
the violator does not pay the administrative fine imposed for violating the procedure for driving a vehicle .

Suspension of a driver's license for loan debts is carried out only if there is a large amount that is not paid on time.

Violation of driving ban

If a citizen's driver's license is seized, he is deprived of the opportunity to drive a vehicle. Violation of the restriction is strictly punishable. The punishment that will be imposed on an unscrupulous driver is recorded in Article 17.17 of the Code of Administrative Offenses of the Russian Federation . According to the provisions of the regulatory legal act, a citizen who violates the restriction will be sent to compulsory work for up to 50 hours or deprived of the right to drive a vehicle for up to 1 year.

In what cases can it be avoided?

Compliance with the provisions of the Law is mandatory for everyone. However, Federal Law No. 229 “On Enforcement Proceedings” establishes categories of citizens who will not be deprived of the opportunity to drive a car, regardless of the existing debt. According to Part 4 of Art. 67.1 of the law, rights are not limited in the following situations:

if the establishment of such a restriction deprives the debtor of the main legal source of livelihood;
if the use of a vehicle is the only means for the debtor and his family members living with him to ensure their livelihoods, taking into account the limited transport accessibility of their place of permanent residence;
if the debtor is a person who uses a vehicle due to a disability , or the debtor’s dependent is a person recognized in the manner established by the legislation of the Russian Federation as a disabled person of group I or II or a disabled child;
if the amount of debt under the executive document (executive documents) does not exceed 10,000 rubles .
if the debtor is granted a deferment or installment plan for fulfilling the requirements of the writ of execution.

In all other cases, the driver will be deprived of the ability to drive the vehicle.

How to regain the ability to drive a car

If the driver wants to regain the right to drive a vehicle, he must pay off the existing debt. There are no alternative ways to remove restrictions on the use of a driver’s license.

After the debt obligations have been fulfilled, you need to contact the bailiff and inform about the repayment of the debt. The FSSP employee will check the accuracy of the debtor’s information. If the citizen has truly fulfilled his obligations, the restriction will be lifted. The next day, the information will be sent to all traffic police departments, and the person will again receive the right to drive a car.

Practice shows that the system does not always work well. The procedure for lifting the restriction may take a long time. For this reason, a citizen must be prepared for the fact that it will take several days . To avoid problems, it is recommended to repay debts on time.

Deprivation of a driver's license for debts in 2019

Good afternoon, dear reader.

This article will discuss the federal law providing for the temporary deprivation of a driver's license for debts by bailiffs. The Federal Law “On Amendments to the Federal Law “On Enforcement Proceedings” and Certain Legislative Acts of the Russian Federation” came into force on January 15, 2016.

Suspension of license may affect many drivers who have debts to bailiffs (for example, for alimony). Let's consider for what debts a driver can be deprived of a driver's license, and in what cases deprivation of a license is not imposed. In addition, we will talk about a new fine that may be imposed for ignoring time limits set by bailiffs.

Checking debts from bailiffs

Before proceeding to a detailed consideration of temporary deprivation of rights by bailiffs, I suggest you check for the presence of debts in the state information system:

You can check debts using your passport number, INN or SNILS. If the debt is not found on any of these documents, then the likelihood of suspension of the driver’s license is reduced to almost zero.

Temporary deprivation of driver's license for debts

First of all, it should be noted that a temporary restriction on driving vehicles is imposed only if the debtor does not want to voluntarily repay the debt . Those. deprivation of rights cannot be the first punishment from bailiffs. First, they offer to pay the debt voluntarily, and only in case of refusal is deprivation of rights applied:

14 2 . The bailiff, in the resolution to initiate enforcement proceedings, warns the debtor about the establishment of time restrictions in relation to him, provided for by this Federal Law, in case of failure to fulfill the requirements contained in the executive document within the time limit established for voluntary execution without good reason.

In addition, the driver must be notified that if he fails to pay the debt, he will lose his driver's license. Please note that the federal law “On Enforcement Proceedings” establishes a rather interesting procedure for notifying debtors:

2. Persons participating in enforcement proceedings are considered notified if:

1) the addressee refused to receive a summons or other notice;

2) despite receiving a postal notice, the addressee did not appear for a summons or other notice sent to his address;

3) a summons, other notice sent to the last known place of residence of a person participating in enforcement proceedings, or to the address communicated by him in writing to the bailiff for notifying this person (including by email address), or a summons, other the notice was sent in a different way specified by such person, but the person sent the summons did not receive any other notice;

4) a notice in the form of an electronic document signed by a bailiff with an enhanced qualified electronic signature is sent to the addressee using information and telecommunication networks in the manner established by the Government of the Russian Federation.

For example, if a driver received notification of the delivery of a registered letter, but did not pick up this letter at the post office, then he is still considered notified and may be deprived of his license for debts.

So be extremely careful. In practice, rights can also be deprived completely unexpectedly. If you have any suspicions, I recommend checking the debts with the bailiffs and paying them as soon as possible.

Otherwise, the driver can only find out about the temporary deprivation of his license when he is stopped by a traffic police officer. However, such a stop in turn will entail a fairly severe punishment, which will be discussed below.

Deprivation of rights for non-payment of alimony in 2019 and 2020

Let's look at what debts can lead to deprivation of rights (Article 67 1 of the Federal Law “On Enforcement Proceedings”):

Non-payment of alimony.
Compensation for damage caused to health.
Compensation for damage in connection with the death of the breadwinner.
Property damage or moral harm caused by a crime.
Non-property requirements related to raising children.
Requirements for the collection of traffic police fines.

Let's look at some of the list items in more detail:

1. Not every driver understands what is meant by a crime . The concept of crime is deciphered in the Criminal Code of the Russian Federation:

1. A crime is recognized as a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.

Thus, if a driver has property debts related to the criminal code, then he may be temporarily deprived of his driver’s license.

2. Requirements for the collection of traffic police fines . Currently, traffic police fines are transferred to bailiffs 80 days after the violation. After this, the bailiffs can suspend the driver's license for non-payment.

I recommend that you check traffic police fines from time to time and pay them, because... otherwise, you can “wait” for temporary deprivation of rights.

3. Listed above are all debts for which a driver’s license may be suspended.

Can rights be suspended for debt on a loan?

A driver's license can be suspended only for certain types of debts, the list of which is given above.

are not suspended for loan debts .

Also, in 2019, deprivation of rights does not apply if there is a debt to repair a car after an accident.

How to avoid deprivation of rights for debts?

There are several conditions, the observance of which will help the driver avoid temporary deprivation of rights for debts :

1. If the car is the main legal source of livelihood. Those. If you work as a driver, then bailiffs will not be able to temporarily prohibit you from driving.

2. If a car is the only means of supporting life, taking into account the limited transport accessibility of the place of residence. Those. if the driver and his family live in a “remote” village where public transport does not go, then he will also not face deprivation of his license for debts.

3. If the driver uses a car due to a disability or is dependent on a disabled person of group I or II or a disabled child.

4. If the amount of debt does not exceed 10,000 rubles . This item is the most convenient for the average driver. Don’t let the situation get worse with debts, don’t let the 10,000 dollar limit be exceeded. This will help protect you from having your driver's license suspended.

5. If the driver is given an installment plan or deferred payment of the debt. As a last resort, you can use this option. If you are facing temporary deprivation of rights, then try to get a deferment or installment plan for the debt. This will allow you to retain your driver's license.

How to end the temporary deprivation of rights?

The temporary deprivation of rights is valid until the driver pays off his debt. The next day after this, the bailiff lifts the restriction and transfers this information to the traffic police.

I would like to note that in practice, bailiffs do not always work quickly and accurately. Therefore, lifting the restriction may take longer. Keep in mind that it is much easier not to bring the matter to a temporary suspension of rights than to try to restore them later.

Fine for violating temporary deprivation of rights in 2020

Let's consider the new article 17.17 of the code of administrative offenses:

Article 17.17. Violation of the temporary restriction on the use of a special right established in accordance with the legislation on enforcement proceedings

Violation by the debtor of a temporary restriction on the use of a special right established in accordance with the legislation on enforcement proceedings in the form of the right to drive a vehicle -

entails compulsory labor for up to fifty hours or deprivation of special rights for up to one year.

Please note that if the debtor driver ignores the temporary ban on driving (or simply does not receive a letter with information about it), then at the first stop by the traffic police officers he will receive one of the following penalties:

compulsory work for up to fifty hours,
deprivation of a driver's license for up to a year.

These punishments are quite severe, so once again I would like to recommend that you constantly monitor possible debts from bailiffs. Indeed, in practice, the path from a debt of 10,000 rubles in traffic police fines to deprivation of rights for 1 year can be very short.

Is it possible to change my license if it is suspended?

Quite often, drivers have questions about replacing a suspended license. In this case, you need to take into account that the restriction is imposed on driving vehicles, and not on the driver’s license itself. The legislation only prohibits “getting behind the wheel”; performing other actions with a driver’s license is not prohibited.

For example, a certificate can be replaced due to expiration or due to a change of surname.

Please note the following facts:

The suspension of rights will be transferred to the new license. Those. If you change your license, you will still not be able to drive a car.
Replacing suspended rights in most cases does not make any sense. This is due to the fact that the rights will be issued for exactly 10 years, but part of this period will be taken up by paying off the debt and ending the temporary deprivation. Therefore, in fact, the rights can be used for less than 10 years.

However, if during the suspension of the license its validity period has expired, then you can safely contact the traffic police to replace it.