For how many violations can a driver's license be revoked?
Why is a driver's license revoked?
There are several serious violations of traffic rules, for which a court decision can deprive the violator of his driver's license.
Those motorists who do not commit serious offenses on the road need not be afraid of deprivation. Exceeding a couple of tens of kilometers per hour, parking on the lawn, or failing to let a pedestrian pass at a crossing are not grounds for taking away your driver’s license.
Let’s figure out why a driver’s license can be taken away in 2019, and for how long the court can decide to deprive a driver’s license.
Content
Deprivation of rights for up to three months
For different violations in 2019, different periods of deprivation of driving license are provided. The mildest punishment is deprivation of rights for a period of one to three months. This kind of deprivation is the most difficult to “earn”, since it is provided for very rare violations:
- driving without license plates or hiding license plates;
- refusal to give way to a car with special lights on;
- repeated driving of a vehicle that is not registered with the traffic police.
Previously, many car enthusiasts installed frames on their cars that covered or reversed the license plate. This was done in order to protect against all-seeing speed cameras or lane control cameras. When the road inspection revealed a sharp increase in the number of motorists hiding license plates, an initiative arose to introduce deprivation of rights for such a violation.
You can also “arrive” for a deprivation of one to three months without giving way to a car with blue or red-blue flashing lights. These are ambulances, intensive care vehicles or police vehicles. Less common in the capitals are official Mercedes with a “blue bucket”; they are also considered cars with a special signal.
Deprivation of rights from three to six months
Drivers may be deprived of their license for six months in 2019 for more serious violations, many of which create emergency situations and threaten the lives of road users.
There are more such violations than those listed for imprisonment from one to three months:
- violation of the rules for crossing a railway crossing;
- speeding by 60 kilometers per hour;
- driving in the oncoming lane;
- driving on a one-way road against traffic;
- two red light runs;
- speeding by more than 80 kilometers per hour (six months imprisonment).
Ignoring traffic lights or sound signals at a railway crossing, as well as stopping for no reason on the rails, lead to consequences in the form of deprivation of rights for up to six months.
To the delight of high-speed riders, traffic police inspectors have recently stopped using speed measuring radars. Deprivation of rights for excess will be legal if the resolution was issued by an inspector; a stationary control camera can only fine you 5 thousand rubles.
Any “oncoming traffic” will also result in either a warning and a fine of 5 thousand rubles, which is decided in court, or deprivation of rights for a repeated violation. The situation is the same with repeat running a red light: for the first case, a fine of 1000 rubles will be issued, for the second - a fine of 5 thousand or deprivation of rights for six months.
Deprivation of rights from one to two years
For the most serious violations, which border on violation of the criminal code and create a real risk for road users, deprivation of rights from one to two years is provided.
These violations are on everyone’s lips, and when the conversation turns to deprivation of rights, the first thing everyone remembers is them:
- driving with a license suspended by bailiffs;
- installation of special signals;
- leaving the scene of an accident;
- causing minor or severe harm to human health;
- driving while intoxicated;
- transfer of control to a drunk driver;
- refusal of medical examination.
For each of the above violations, the driver may be deprived of his driver's license for a long period. At the same time, for an inactive license they will be punished for a period of one year, for special signals or wrapping a car “as an official one” for a year and a half. A driver's license will also be suspended for 18 months for leaving the scene of an accident without a valid reason.
For minor damage to human health in an accident, deprivation of rights is up to 1.5 years, for serious damage - up to two years. For drunk driving and for transferring control to a drunk person - from one and a half to two years of imprisonment.
In addition, rights can be deprived for non-payment of alimony or long-term non-payment and accumulation of a large amount of traffic police fines. We remind you that information about the presence of fines is stored in the vehicle history. And if you are planning to sell your car, the future owner, who checked the history through an online service, may refuse to purchase.
We wish that you do not have any situations with deprivation of rights. Good luck on the roads!
A complete list of traffic violations for which a driver’s license will be revoked in 2019
Deprivation of the right to drive a vehicle is one of the most effective penalties for gross violations of traffic rules (traffic rules).
Constant changes in legislation and the imposition of liability for traffic violations require timely monitoring of changes made to the Code of the Russian Federation on Administrative Offenses.
Current legislation establishes deprivation of rights in the following cases:
Table of traffic violations with punishment and deprivation of rights
The table below presents a complete list of violations for which drivers' licenses are deprived in 2019. The same standards are subject to application in 2020 before changes are made to the law.
Information verified and updated as of February 1, 2019
Article
Description of the offense
Type of punishment
Driving without state signs
Driving a vehicle without state registration plates, as well as driving a vehicle without state registration plates installed in designated places, or driving a vehicle with state registration plates modified or equipped with the use of devices or materials that impede the identification of state registration plates or allow their modification or hide. Read about liability and judicial practice regarding deprivation of rights for driving without license plates in the corresponding article at the link.
an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of one to three months
Violations when using light and sound insignia
Driving a vehicle on the front of which are installed lighting devices with red lights or red reflective devices, as well as lighting devices, the color of the lights and the mode of operation of which do not comply with the requirements of the Basic Regulations for the admission of vehicles to operation and the duties of safety officials traffic
deprivation of the right to drive vehicles for a period of six months to one year with confiscation of the specified devices and accessories.
Driving a vehicle on which, without appropriate permission, devices are installed to provide special light or sound signals (except for security alarms)
deprivation of the right to drive vehicles for a period of one to one and a half years with confiscation of the specified devices.
Using devices for producing special light or sound signals (with the exception of security alarms) installed without appropriate permission while driving a vehicle
deprivation of the right to drive vehicles for a period of one and a half to two years with confiscation of the specified devices.
Driving a vehicle on the outer surfaces of which special color schemes of emergency service vehicles are illegally applied
deprivation of the right to drive vehicles for a period of one to one and a half years.
Drunk driving
Driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense
a fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
Transferring control of a vehicle to a person who is intoxicated
a fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
Speeding
Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour
a fine in the amount of 2,000 to 2,500 rubles or deprivation of the right to drive vehicles for a period of four to six months.
Exceeding the established speed of a vehicle by more than 80 kilometers per hour
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of six months.
Repeatedly exceeding the speed limit by 60 kilometers or more
deprivation of the right to drive vehicles for a period of one year, and in the case of recording by video radars and photo radars in automatic mode - the imposition of an administrative fine in the amount of 5,000 rubles.
Violation of rules for crossing a railway crossing
Article 12.10 Part 1
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 a traffic light or the person on duty at the crossing, as well as stopping or parking at a railway crossing
a fine of 1,000 rubles or deprivation of the right to drive vehicles for a period of three to six months.
Article 12.10 Part 3
Repeated crossing of a railway track outside a railway crossing, entering a railway crossing with a closed or closing barrier or when there is a prohibiting signal from a traffic light or a crossing officer, as well as stopping or parking at a railway crossing
deprivation of the right to drive vehicles for a period of one year.
Driving through a red traffic light or a traffic controller's prohibiting gesture
Article 12.12 Part 3
Repeated driving through a prohibiting traffic light signal or a prohibiting gesture from a traffic controller.
a fine of 5,000 rubles or deprivation of the right to drive vehicles for a period of four to six months
Driving (overtaking) into the oncoming lane
Article 12.15 Part 4
Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, with the exception of leaving when going around an obstacle
shall entail the imposition of an administrative fine in the amount of 5,000 rubles or deprivation of the right to drive vehicles for a period of four to six months.
Article 12.15 Part 5
Repeated entry into the oncoming lane or onto tram tracks in the opposite direction, with the exception of exit when going around an obstacle
deprivation of the right to drive vehicles for a period of one year
(if the offense is recorded on camera - a fine of 5,000 rubles)
Driving under a brick
Article 12.16 Part 3
Driving in the opposite direction on a one-way road
a fine of 5,000 rubles or deprivation of the right to drive vehicles for a period of four to six months
Article 12.16 Part 3.1
Repeated driving in the opposite direction on a one-way road
entails deprivation of the right to drive vehicles for a period of one year (if the offense is recorded by a camera - a fine of 5,000 rubles)
Denial of access to ambulances and vehicles with special signals
article 12.17 part 2
Failure to provide priority in traffic to a vehicle that has special color schemes, inscriptions and designations applied to its external 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 vehicles for a period of one to three months
Violation of traffic rules for heavy and (or) large vehicles
Article 12.21.1 Part 3
Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions of the vehicle by more than 20, but not more than 50 centimeters, or exceeding the permissible weight of the vehicle or the permissible load on the axle of the vehicle by more than 20, but not more than 50 percent without special permission
a fine for the driver in the amount of 5,000 to 10,000 rubles or deprivation of the right to drive vehicles for a period of two to four months; (if the offense is recorded by camera - a fine on the owner (owner) of the vehicle in the amount of 400,000 rubles)
Article 12.21.1 Part 3
Movement of a heavy and (or) large vehicle exceeding the dimensions specified in the special permit by more than 20, but not more than 50 centimeters, or exceeding the weight of the vehicle or the load on the axle of the vehicle specified in the special permit by more than 20 , but not more than 50 percent
entails the imposition of an administrative fine on the driver in the amount of four thousand to five thousand rubles or deprivation of the right to drive vehicles for a period of two to three months (if the offense is recorded by a camera - a fine on the owner of the car in the amount of 400,000 rubles)
Movement of a heavy and (or) large vehicle exceeding the permissible dimensions by more than 50 centimeters without a special permit, or exceeding the dimensions specified in a special permit by more than 50 centimeters, or exceeding the permissible weight of the vehicle or the permissible axle load of a vehicle by more than 50 percent without a special permit, or with an excess of the weight of the vehicle or the load on the axle of the vehicle specified in the special permit by more than 50 percent
a fine on the driver in the amount of 7,000 to 10,000 rubles or deprivation of the right to drive vehicles for a period of four to six months (if the offense is recorded by a camera - a fine on the owner of the car in the amount of 500,000 rubles)
Violation of the rules for transporting dangerous goods
Article 12.21 Part 1
Transportation of dangerous goods by a driver who does not have a certificate of training for drivers of vehicles transporting dangerous goods, a certificate of approval of the vehicle for the transportation of dangerous goods, a special permit or emergency card of the hazard information system provided for by the rules for the transportation of dangerous goods, as well as transportation of dangerous goods on a vehicle whose design does not comply with the requirements of the rules for the transportation of dangerous goods or which lacks elements of a hazard information system or equipment or means used to eliminate the consequences of an incident during the transportation of dangerous goods, or non-compliance with the conditions for the transportation of dangerous goods provided for by these rules
a fine for the driver in the amount of 2,000 to 2,500 rubles or deprivation of the right to drive vehicles for a period of four to six months
Violation of traffic rules or vehicle operating rules, resulting in harm to the health of the victim
Article 12.24 Part 1
Violation of traffic rules or vehicle operating rules, resulting in minor harm to the health of the victim
a fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years
Article 12.24 Part 2
Violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim
a fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years
Refusal of medical examination
Article 12.26 part 1
Failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (inaction) do not constitute a criminal offense
a fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years
Leaving the scene of an accident
Article 12.27 Part 2
Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant
deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days
Article 12.27 Part 3
Failure to comply with the requirement of the traffic rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after an accident in which he is involved, or after the vehicle was stopped at the request of a police officer, before an examination by an authorized official to establish the state of intoxication or before acceptance authorized official of the decision on exemption from such examination
a fine of 30,000 rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
You should not think that a driver who has been deprived of his driver’s license will no longer be punished if he commits serious offenses again. In such cases, administrative legislation provides for large fines and administrative arrest.
For example, in accordance with Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation, driving a vehicle by a driver deprived of the right to drive vehicles entails an administrative fine in the amount of 30,000 rubles, or administrative arrest for up to fifteen days, or compulsory work for a period of one hundred to two hundred hours.
If the deprived driver is under the influence of alcohol or drugs, liability will arise in accordance with Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation. In this case, the punishment is provided in the form of administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in the amount of thirty thousand rubles.
Prepared by Personal Rights.ru
Additional information on the topic:
Terms of revocation of a driver's license
In case of gross violations of traffic rules that lead to the creation of an emergency situation, the driver may be deprived of the right to drive a vehicle for a certain period. This punishment is not used often and is aimed at increasing the discipline of motorists.
Why are they deprived of rights?
If traffic rules are violated, a person driving a vehicle may lose his driver's license in the following cases:
- When driving a car that has not been registered with the traffic police. In accordance with Article 12.1, Part 1.1 of the Code of Administrative Offences, if the offense is detected again, the driver will be prohibited from driving for up to 3 months. As an alternative penalty, a fine in the amount of 5,000 rubles may be applied.
- Driving a vehicle without a state license plate or if it has been changed is prohibited. If the driver violated this requirement, then in accordance with Art. 12.2 part 2 of the Administrative Code, he will be deprived of his rights for a period of up to 3 months. An alternative penalty is a fine of 5,000 rubles.
- Exceeding the established speed limit on a section of the road by more than 60 km/h. Part 4 of Article 12.9 determines that for this offense the driver may be suspended from driving a car for up to six months. Another type of penalty may be a fine in the amount of 2,000 – 2,500 rubles. If this offense is repeated within a year, the certificate will be confiscated for 12 months.
- When a driver exceeds the speed limit by 80 km/h or more, then, in accordance with Article 12.9, Part 5, his documents will be confiscated for six months, and if the violation is repeated, for a year.
- Driving through a railway crossing when the barrier is activated may result in a driving ban for 3-6 months. Such punishment is defined in Article 12.10, Part 1 of the Code of Administrative Offences. Instead of a ban on driving a car, a monetary sanction in the amount of 1,000 rubles may be applied to the violator. Repeated offenses require mandatory revocation of rights for 12 months.
- If the driver entered the oncoming lane or tram tracks for the purpose of overtaking in the wrong place, then in accordance with Part 4 of Article 12.15 he will be deprived of his driving license for 4-6 months. Alternatively, a fine of 5,000 rubles may be imposed.
- In the event of a repetition of the offense associated with driving a car through a red traffic light, in accordance with the requirements of Part 3 of Article 12.12 of the Code of Administrative Offenses, the driver will face a penalty in the form of confiscation of driving license for a period of 4 to six months. You can get by with less stringent sanctions in the form of a fine in the amount of 5,000 rubles.
- If the driver directs his vehicle along a one-way lane in the opposite direction, then in accordance with Art. 12.16 part 3, he faces a ban on driving for 4-6 months or a fine of 5,000 rubles. If this offense is repeated, the period of suspension from driving a car increases to one year.
- If you drive a vehicle with a false license plate, the driver will be deprived of his license for six months to a year.
- Another reason for revocation of a license is driving a vehicle equipped with special signals that are not provided for by the factory design. For such a violation, the motorist will be banned from driving for 6-12 months.
- You cannot drive a car with illegally applied signs of belonging to special services. Violation of this requirement is subject to punishment in the form of a driving ban for a period of 12-18 months.
- Ignoring vehicles with special signals on may result in a ban on driving for 1-3 months.
- If the driver has violated the requirements for transporting large and heavy cargo, and also does not have a special permit for this action, he will be punished by the withdrawal of his license for up to six months.
- The gravest violation would be a situation where the driver leaves the scene of an accident before the traffic police arrive there. For this, a ban on driving a car is provided for 1-1.5 years. Another punishment option is the arrest of the offender for 15 days.
- Drunk driving is another serious offense that carries severe penalties. So, in addition to a fine of 30,000 rubles, the person driving the car will be deprived of his license for 1.5-2 years. This is determined by part 1 of Art. 12.8 Code of Administrative Offences. The same punishment awaits a person who transferred the right to drive his own car to a driver who was drunk.
- Refusal by the driver to undergo examination at a medical institution in order to determine his possible intoxication. In accordance with Article 12.26, paragraph 1, the driver will be deprived of his license for 1.5-2 years, and a report will be drawn up with a fine of 30,000 rubles.
In addition to the above reasons related to violations of traffic rules and articles of the Code of Administrative Offenses, a driver’s license may be confiscated due to other circumstances.
These include:
If, according to these articles, the driver has a debt in the amount of more than 10 thousand rubles, then he will be prohibited from driving a vehicle. This decision is made by court order.
However, driving restrictions will not apply in all cases. Persons are not subject to a driving ban in the following cases:
- A car is the only means of transportation for a person living in a remote area.
- Driving a vehicle is the only officially registered source of income for a citizen.
- The debtor himself or one of the family members has a 1st or 2nd group of disability, and a car, accordingly, is a means of transportation for a person with disabilities.
- According to the court decision, the debtor received the right to pay in installments.
Is it possible to combine terms of deprivation?
Sometimes a situation may arise when a motorist commits repeated or several administrative violations within a short period of time, which require mandatory confiscation of his driver’s license. In this case, a reasonable question arises: are the terms for each protocol summed up or will the driver be punished only in accordance with one protocol?
Dear visitor!
If you have any questions, you can ask a lawyer for free by phone.
Our lawyer will advise you FREE OF CHARGE.
In accordance with Article 32.7 Part 3 of the Code of Administrative Offences, the terms specified in the court ruling for various offenses are summed up. Since the resolution does not have a statute of limitations, the situation develops as follows: as soon as the period of deprivation specified in the first resolution ends, the second, third, etc. begin to apply.
For example, a driver committed 3 different offenses that require the withdrawal of his license. In accordance with the first resolution, his rights are withdrawn for six months, according to the second - for 1 year, the third resolution - 6 months. Thus, the violator will be able to get the rights back no earlier than after 2 years.
To obtain them, the car enthusiast will have to do the following:
- Passing a theoretical exam on knowledge of traffic rules in the traffic police department. It is allowed to take the theory after half the period of deprivation has expired. If the theory is not passed, a second attempt is possible after a week.
- Mandatory provision of a medical certificate confirming the absence of health problems.
- An application to the traffic police department, which is submitted 30 days before the end of the deprivation period. The application is submitted to the department where the certificate was transferred, but you can obtain the document at any of the traffic police departments. The main thing is to indicate the address where the document should be forwarded.
In conclusion, it should be noted that there are a fairly large number of traffic rules, for violation of which the driver will be deprived of the opportunity to drive a car. If the offense is repeated, the period for confiscation of the driver’s license will be longer than for the initial violation. All road users must respect each other and avoid violations that could result in a prohibition from driving for an extended period of time.
Terms of revocation of a driver's license
In case of gross violations of traffic rules that lead to the creation of an emergency situation, the driver may be deprived of the right to drive a vehicle for a certain period. This punishment is not used often and is aimed at increasing the discipline of motorists.
Why are they deprived of rights?
If traffic rules are violated, a person driving a vehicle may lose his driver's license in the following cases:
- When driving a car that has not been registered with the traffic police. In accordance with Article 12.1, Part 1.1 of the Code of Administrative Offences, if the offense is detected again, the driver will be prohibited from driving for up to 3 months. As an alternative penalty, a fine in the amount of 5,000 rubles may be applied.
- Driving a vehicle without a state license plate or if it has been changed is prohibited. If the driver violated this requirement, then in accordance with Art. 12.2 part 2 of the Administrative Code, he will be deprived of his rights for a period of up to 3 months. An alternative penalty is a fine of 5,000 rubles.
- Exceeding the established speed limit on a section of the road by more than 60 km/h. Part 4 of Article 12.9 determines that for this offense the driver may be suspended from driving a car for up to six months. Another type of penalty may be a fine in the amount of 2,000 – 2,500 rubles. If this offense is repeated within a year, the certificate will be confiscated for 12 months.
- When a driver exceeds the speed limit by 80 km/h or more, then, in accordance with Article 12.9, Part 5, his documents will be confiscated for six months, and if the violation is repeated, for a year.
- Driving through a railway crossing when the barrier is activated may result in a driving ban for 3-6 months. Such punishment is defined in Article 12.10, Part 1 of the Code of Administrative Offences. Instead of a ban on driving a car, a monetary sanction in the amount of 1,000 rubles may be applied to the violator. Repeated offenses require mandatory revocation of rights for 12 months.
- If the driver entered the oncoming lane or tram tracks for the purpose of overtaking in the wrong place, then in accordance with Part 4 of Article 12.15 he will be deprived of his driving license for 4-6 months. Alternatively, a fine of 5,000 rubles may be imposed.
- In the event of a repetition of the offense associated with driving a car through a red traffic light, in accordance with the requirements of Part 3 of Article 12.12 of the Code of Administrative Offenses, the driver will face a penalty in the form of confiscation of driving license for a period of 4 to six months. You can get by with less stringent sanctions in the form of a fine in the amount of 5,000 rubles.
- If the driver directs his vehicle along a one-way lane in the opposite direction, then in accordance with Art. 12.16 part 3, he faces a ban on driving for 4-6 months or a fine of 5,000 rubles. If this offense is repeated, the period of suspension from driving a car increases to one year.
- If you drive a vehicle with a false license plate, the driver will be deprived of his license for six months to a year.
- Another reason for revocation of a license is driving a vehicle equipped with special signals that are not provided for by the factory design. For such a violation, the motorist will be banned from driving for 6-12 months.
- You cannot drive a car with illegally applied signs of belonging to special services. Violation of this requirement is subject to punishment in the form of a driving ban for a period of 12-18 months.
- Ignoring vehicles with special signals on may result in a ban on driving for 1-3 months.
- If the driver has violated the requirements for transporting large and heavy cargo, and also does not have a special permit for this action, he will be punished by the withdrawal of his license for up to six months.
- The gravest violation would be a situation where the driver leaves the scene of an accident before the traffic police arrive there. For this, a ban on driving a car is provided for 1-1.5 years. Another punishment option is the arrest of the offender for 15 days.
- Drunk driving is another serious offense that carries severe penalties. So, in addition to a fine of 30,000 rubles, the person driving the car will be deprived of his license for 1.5-2 years. This is determined by part 1 of Art. 12.8 Code of Administrative Offences. The same punishment awaits a person who transferred the right to drive his own car to a driver who was drunk.
- Refusal by the driver to undergo examination at a medical institution in order to determine his possible intoxication. In accordance with Article 12.26, paragraph 1, the driver will be deprived of his license for 1.5-2 years, and a report will be drawn up with a fine of 30,000 rubles.
In addition to the above reasons related to violations of traffic rules and articles of the Code of Administrative Offenses, a driver’s license may be confiscated due to other circumstances.
These include:
If, according to these articles, the driver has a debt in the amount of more than 10 thousand rubles, then he will be prohibited from driving a vehicle. This decision is made by court order.
However, driving restrictions will not apply in all cases. Persons are not subject to a driving ban in the following cases:
- A car is the only means of transportation for a person living in a remote area.
- Driving a vehicle is the only officially registered source of income for a citizen.
- The debtor himself or one of the family members has a 1st or 2nd group of disability, and a car, accordingly, is a means of transportation for a person with disabilities.
- According to the court decision, the debtor received the right to pay in installments.
Is it possible to combine terms of deprivation?
Sometimes a situation may arise when a motorist commits repeated or several administrative violations within a short period of time, which require mandatory confiscation of his driver’s license. In this case, a reasonable question arises: are the terms for each protocol summed up or will the driver be punished only in accordance with one protocol?
Dear visitor!
If you have any questions, you can ask a lawyer for free by phone.
Our lawyer will advise you FREE OF CHARGE.
In accordance with Article 32.7 Part 3 of the Code of Administrative Offences, the terms specified in the court ruling for various offenses are summed up. Since the resolution does not have a statute of limitations, the situation develops as follows: as soon as the period of deprivation specified in the first resolution ends, the second, third, etc. begin to apply.
For example, a driver committed 3 different offenses that require the withdrawal of his license. In accordance with the first resolution, his rights are withdrawn for six months, according to the second - for 1 year, the third resolution - 6 months. Thus, the violator will be able to get the rights back no earlier than after 2 years.
To obtain them, the car enthusiast will have to do the following:
- Passing a theoretical exam on knowledge of traffic rules in the traffic police department. It is allowed to take the theory after half the period of deprivation has expired. If the theory is not passed, a second attempt is possible after a week.
- Mandatory provision of a medical certificate confirming the absence of health problems.
- An application to the traffic police department, which is submitted 30 days before the end of the deprivation period. The application is submitted to the department where the certificate was transferred, but you can obtain the document at any of the traffic police departments. The main thing is to indicate the address where the document should be forwarded.
In conclusion, it should be noted that there are a fairly large number of traffic rules, for violation of which the driver will be deprived of the opportunity to drive a car. If the offense is repeated, the period for confiscation of the driver’s license will be longer than for the initial violation. All road users must respect each other and avoid violations that could result in a prohibition from driving for an extended period of time.
What is the size of the fine for deprivation of rights: repeated, for drunkenness and oncoming traffic?
Amount of fine for deprivation
The imposition of a fine upon deprivation of the right to drive occurs under only a few articles of the Code of Administrative Offenses, including repeated violations. But there is no such thing as a “fine for deprivation.” To do this, we need to understand the terminology and find out what types of punishments are imposed for what offenses. This is what we will do in the article.
What might be implied?
So, the financial sanction for the withdrawal of the right to drive can mean completely different violations. We will consider all of them, relevant in 2019, below in order. For now, let’s find out their main types:
- a fine imposed along with deprivation of rights, when an article of the Administrative Code implies the imposition of both types of punishments at once (for example, driving while intoxicated),
- liability for driving with deprivation - when you no longer have such a special right due to the relevant court order, but got behind the wheel again and got caught by a traffic police inspector,
- responsibility for driving after the expiration of the period of deprivation, but if you have not withdrawn your driver's license.
Now let's find out in order the penalties for each of these violations.
What fine comes with the imprisonment?
He is appointed under only 3 articles of the Code of Administrative Offenses and for the most malicious violations of traffic rules.
Please note that the penalties for all these violations are exactly the same. Particularly striking is the identity of responsibility for driving while intoxicated and for transferring control to such a driver.
Thus, the fine for deprivation of rights under the Code of Administrative Offenses in all cases is 30,000 rubles.
What is the punishment for driving while being deprived?
The second type of this concept is that it awaits a driver who has already been deprived of the right to drive, but got behind the wheel and was caught by a traffic police officer on the road. And responsibility for this depends on 2 circumstances: the driver was caught sober or drunk.
Sober driver
If you are deprived of your license and drive a vehicle sober, then you will face punishment under Part 2 of Article 12.7 of the Code of Administrative Offenses, which provides, at the choice of the court, one of the following sanctions:
- fine 30,000 rubles,
- administrative arrest for up to 15 days,
- compulsory work for 100-200 hours.
The latter measure is imposed very rarely, and both sanctions, except for a fine, are more severe and are prescribed for gross violations (if you caused an accident in such a state).
Drunk driver caught again
If the driver drives drunk, then the liability will be more severe - up to and including criminal punishment. What sanctions await the car enthusiast in this case?
If you were deprived of your license for the first time not for intoxication or refusal of a medical examination (but, for example, for driving into oncoming traffic, for speeding, driving against traffic on a one-way road, and the like), then in this case you will be responsible under Part 3 of Article 12.8 Code: arrest from 10 to 15 days or a fine for persons against whom arrest cannot be applied;
If you are caught drunk after being deprived of your rights for intoxication or refusing a medical examination, then you may already face a fine for repeated deprivation of rights in the amount of 200 to 300 thousand rubles under Article 264.1 of the Criminal Code of the Russian Federation.
If caught on camera
If you are deprived of the right to drive, then you should not be afraid that you will be caught on camera and, when checked, it will turn out that you are under a driving ban. Even if, in theory, they can initiate a case on this basis, then punishment will not follow if you act correctly.
The fact is that the driver himself is not registered on the auto-fixation cameras, and the car could be driven by anyone except you (and even if only you are included in the insurance). If the traffic police officers called you to the office at the department to give an explanation, then, firstly, you don’t have to show up, and there is no responsibility for this. Secondly, simply refer to Article 51 of the Constitution of the Russian Federation and do not testify against yourself and your close relatives, indicating that it was one of them who was driving, and not you, including your twin brother, if in the photo from the camera ( in case of another violation) you are visible.
If the period of deprivation has passed
In a situation where the period for revocation of the right to drive has expired, but you have not taken back your driver’s license (regardless of whether you passed the exam for return and fulfilled other conditions), 2 sanctions can be applied:
- according to the law - part 2 of article 12.3: a fine of 500 rubles or a warning,
- in practice, it is possible for a traffic police inspector to use Part 1 of Article 12.7 of the Code of Administrative Offenses as for management in the absence of the right to such management - here the fine ranges from 5,000 to 15,000 rubles.
The second punishment is illegal, because according to the law in force in 2019, the right to drive is returned at the end of the relevant period. You just didn’t take the license - a document that only confirms the right to control, but is not such in essence.
However, due to “lawlessness,” the traffic police officer can impose this punishment, which must be appealed.
Is it possible not to pay a fine for deprivation?
We are talking about a financial sanction imposed along with the withdrawal of the right to drive. In this case, one of the conditions for returning a driver’s license is to pay all existing traffic police fines (and, in addition, pass an exam and obtain a medical certificate in some cases).
But it happens that the 2-year sentence has expired, and it’s not that you don’t want to pay the fine for deprivation of rights, but you won’t be able to do it, especially if it was not handed over to the bailiffs, because it will not be displayed anywhere for the possibility payment (neither online nor in terminals and banks).
In this case, formally you are obliged not to be issued a license, and also formally this fine is not payable, creating a certain flaw in the law. In practice, such cases of refusal to issue a driver’s license after the expiration of the deprivation period can be appealed in court (only the refusal must be in writing).