Where do you need to surrender your license after deprivation?

How to get a license after deprivation: is a retake necessary?

One of the most common reasons for contacting the traffic police is the procedure for restoring rights after their deprivation. How and where to renew your driver’s license, what documents are needed, and whether re-testing is necessary, read the article.

You can lose your driver's license not only for dangerous traffic violations or for driving under the influence of alcohol. Also, such “little things” (in the driver’s opinion) as:

• over speed;
• going into oncoming traffic;
• driving through a red traffic light;
• driving a vehicle with unregistered license plates;
• a vehicle with prohibited signals;
• Malicious “evaders” from paying alimony may lose their driving license even without violating traffic rules.

Ignorance of the nuances of the law does not exempt from responsibility, which is why tens of thousands of cases of deprivation of driver’s licenses are registered in the Russian Federation every year.

Obtaining a license after seizure is one of the most common reasons for contacting the traffic police

The process of returning a driver's license after deprivation is quite complex and lengthy. Based on the court decision, it may happen that you will not only have to pay fines, but also work from 100 to 200 hours in community service.

If the court makes a decision to confiscate the license, the driver can appeal the verdict within ten days.

Was the decision not appealed? This means that within 3 days, submit the document to the traffic police department. Driving with a “suspended” license risks imprisonment for at least fifteen days.

Do I need to take an exam after deprivation?

The stereotype “if your license is revoked, a re-examination is required” is erroneous. The theoretical exam on knowledge of traffic rules is not taken in case of deprivation of driving license:

• according to medical indications;
• upon expiration of the validity period.

In the first case, it is enough to undergo a medical examination and receive a certificate stating that there are no contraindications to driving. In the second case, you will have to replace your driver’s license in accordance with current legislation.

In what cases do you retake the exam for a higher education institution?

Repeated testing - answers to 20 questions on knowledge of traffic rules - is mandatory if the driver’s license was confiscated for:

• driving under the influence of alcohol/drugs;
• repeatedly exceeding the speed limit by 60 km/h or more;
• repeated driving across railroad tracks in the wrong place;
• repeated driving through a prohibitory traffic light or through a lowering barrier;
• driving into the oncoming lane, which led to an emergency;
• refusal of a medical examination in case of a positive test for alcohol/drugs.

In the VU test you need to answer 18 out of 20 questions

Reasonably, a person who has violated the rules 2-3 times is likely to violate them more than once in the future. Re-examination is carried out in order to find out what is causing the violations - ignorance of the theory or the human factor (unwillingness to follow the rules).

Where do you retake the theory after deprivation?

Exams for obtaining a license after deprivation, as well as when obtaining a driving license, are first taken at the traffic police department at the place of execution (in the department where the seized certificate is stored). All tests are free, but there is a condition - the offender is allowed to take them after paying all fines imposed by the court.

When can you take the exam after deprivation?

The test can be taken after half the period for which the driver is deprived of his license. The duration of the punishment is determined by the court. To the period of deprivation it is necessary to add 10 days, which are given for appeal.

The countdown begins from the moment you hand over your license to the traffic police and receive a receipt for the seizure. If the driving license has not been submitted within three days, legal authorities may extend the period of deprivation of rights.

Scheme for obtaining rights after deprivation

To avoid getting confused in the nuances of returning rights, follow simple rules:

1. Wait for the period of deprivation of rights. The countdown begins from the moment the driving license is handed over to the traffic police department and a receipt for seizure is received.
2. Contact the department where the seized rights are stored with the necessary package of documents.
3. If the deprivation was imposed as a punishment, and not for medical reasons, take a retest for your knowledge of traffic rules on the appointed retake day.
4. If you pass the exam, collect your certificate from the administrator within the specified time frame.

Repeated violations and deprivation of rights may result in less loyal “working out.”

The punishment for systematic unsafe situations on the road is not only a fine of up to 30,000 rubles, but also arrest for up to two years.

VU recovery algorithm

Do I need a medical certificate to retake my license?

According to current legislation, a medical examination when obtaining a license after deprivation is mandatory only for persons who have lost their license:

• for violations related to drunk driving;
• for driving with contraindications due to health reasons (for example, without glasses with poor vision), which led to a violation of traffic rules;
• for suspected or proven driving under the influence of drugs.

For other “disenfranchised” persons, having a medical certificate is not necessary if the previous one has not expired.

Let us remind you that the license certificate is valid for 1 year.

Do I need to retake the traffic rules after my license has been revoked for drunkenness?

Driving under the influence of alcohol is the most common cause of accidents. Retaking the theory when deprived of a driving license and drinking is mandatory. In case of repeated violation, tougher measures may be imposed, including arrest for a period of 24 months.

How many times can you retake your license?

You can retake the theory endlessly. The law does not limit the capabilities of drivers, but it does introduce some limits on re-examination. So, if the test was “failed” on the first attempt, you can repeat it in a week. The same interval between the second and third attempts. If you fail to pass the traffic rules the third time, a new attempt will be scheduled in a month.

There is no fine for “late” re-exams.

There is no time limit for passing the exam. There is no penalty for “delay” in taking the retest. But the confiscated license is stored in the traffic police for only 3 years. If the re-examination is not passed within this time interval, the VA will be destroyed and will have to be restored.

Obtaining a driver's license after deprivation - step-by-step instructions

The rules for obtaining a driver's license after deprivation are regulated by Government Decree No. 1097, paragraph 3. If half of the sentence has passed, the offender has the right to confirm his driving qualifications. This requires two steps.

Contacting the traffic police

It is not possible to register online at the traffic police department; Internet portals do not provide such a service. Therefore, it is necessary to personally appear at the department’s department and get to a specialist in an electronic queue (using coupons).

The department will ask you to fill out an application form for issuing a driver's license after deprivation. Based on the application, a date for retaking the theory will be set.

An example of a completed application form for the return of rights

Passing the exam to obtain a license

On the appointed day, you must come to the MREO unit of the State Road Safety Inspectorate. To confirm your identity, you need to present your original passport to the registrar, and then go to the office and take a test on your knowledge of traffic rules.

What is needed to retake the traffic rules in case of deprivation?

Before retaking the theory, it is important to remember that there will be nothing super difficult in the test. The usual 20 questions from traffic rules. To pass, correct answers to 18 points are enough.

Exam preparation

Before the retake, the administrator on duty will check the information about the examinee against the database. The registrar is required to instruct the person taking the test about the features and timing of the exam. Even if the driver passes them for the 10th time.

Preparation takes 15-2 minutes. Then, information about the examinee and the ticket number are displayed on the automated workstation. You can complete tasks that take 20 minutes. The result is entered into the database automatically.

What documents will be required when taking the exam?

When contacting the traffic police to renew your driver's license, you must have with you:

• court statement;
• identification document;
• medical certificate confirming access to driving.

If at the time of application there were unpaid fines, it is better to take receipts of their payment with you.

Where to return your driver's license after revocation?

Back in 2013, a traffic police inspector could confiscate a driver’s license for serious offenses on the road.

But on September 1 of the same year, changes were made to Law No. 196-FZ, according to which the inspector no longer had such rights, and the driver had to take the license himself to the authorized bodies.

Let's consider where to submit your license after deprivation, within what time period, and whether it is necessary to submit this document. What is the penalty for failure to comply with a court decision?

Procedure for withdrawal and surrender of rights

If previously a traffic police officer confiscated the license at the scene of the violation and issued a temporary one until a court decision, since 2013 the license remains with the violator until the relevant court ruling. The driver has the right to use the license until the court decision comes into force.

Recommendations for the revocation procedure:

1. If a traffic police officer insists on a medical examination for alcohol intoxication, do not refuse it. But don’t sign the protocol if you don’t intend to agree with the breathalyzer readings. You can also indicate that you do not agree with his testimony.
2. Don't refuse a medical examination. Refusal is tantamount to admitting guilt.

Where to hand over a driver’s license after deprivation and in what time frame must be explained to the driver in court.

But the offender may not always be present at the trial, especially when the case is heard outside the region of his residence. Therefore, motorists do not know where to hand over their licenses after a court decision.

Only the court makes a decision on a ban on driving a vehicle.

The driver's license is handed over after the trial to the traffic police department. But it is not enough to pass the document through the receiving window .

The violator must fill out an application form, issued in two copies. One remains in the traffic police department, the other you keep for yourself.

The statement states:

• Full name of the magistrate who examined the case of deprivation of a driver’s license;
• number of the deprivation order;
• series, passport number.

The department employee must put a mark on your copy of the application, which confirms that you have submitted your driver’s license. This copy will be needed when you return your rights.

Which traffic police department should I take my license to? You can submit your ID to the office closest to you at your place of registration.

Deadline

The driver is required to surrender his driver's license within three working days after the court decision is made..

Having handed over the document, the motorist starts the process of counting down the duration of the punishment. The date of the ruling is the starting point.

Does the driver still have the right to drive his car after being detained by a traffic police inspector? First, the offender is detained, documents are drawn up, and within three days the case is sent to the magistrate's court. The circumstances of the case are being studied there.

The motorist is given 10 days to appeal the court decision. It follows that the driver has the right to drive his car for about two more weeks.

What happens if you don’t surrender your license after being revoked? If a driver who has violated traffic rules and lost his license continues to drive a car, he faces the following penalties:

• 30,000 rubles fine;
• 100-200 hours of compulsory work;
• arrest for 15 days.

We'll find out what to do if you haven't passed your license after being revoked and the deadline has passed . In 2019, a violator can be caught easily and quickly by checking him in the traffic police database.

The press service of the State Traffic Inspectorate has often announced a trend that is widespread among motorists - not everyone is in a hurry to get a driver’s license. Car owners mistakenly believe that the period of deprivation has already begun to count down.

But they only aggravate the situation, since the period of license deprivation begins to count as soon as the driver surrenders his driver's license.

If the violator does not surrender the documents, the execution of administrative penalties will be counted only for 3 days, which are allotted for the surrender of rights.

The calculation of the period of deprivation will be interrupted until the driver’s license is submitted to the traffic police.

If a motorist, in addition to his license, has a temporary permit to drive a vehicle, there is no need to try to be cunning. The countdown period will also not begin. Therefore, both documents are submitted to the traffic police.

If you try to evade the law, you will extend the period for which your driver's license was taken away.

Confirmation of the fact of passing the university degree

Some drivers have a natural question about how to document the fact that the license was handed over to the traffic police and handed over on time.

The period for which a motorist’s license is deprived begins to count from the moment they are handed over to the MREO . How to prevent controversial issues from arising?

A copy of the application, which was drawn up by the driver when handing over his license to the traffic police, will help, on which there will be a mark from the employee stating that the license was indeed handed over.

The inspector is not required to give any other receipts . But no controversial issues usually arise, so motorists have no reason to worry again.

If, after deprivation of rights by the court, the driver has lost his driver’s license, he must write a statement about the loss to the traffic police. And this must also be done within three working days.

Deprivation of rights

For the following violations on the road you can lose your license:

• for fines, debts, unpaid alimony, the amount of which exceeds 10,000 rubles;
• there are no license plates on the car, or driving a vehicle with someone else’s license plates;
• incorrectly installed LED lamps;
• installation of sirens or beacons without permission, as well as their use while driving;
• driving a vehicle while intoxicated;
• repeated driving while intoxicated, refusal of medical examination;
• the driver exceeded the speed limit;
• crossed the railroad tracks in the wrong place;
• drove into the oncoming lane, if there are no markings or signs that allow this, drove into the oncoming lane again;
• blocked the movement of ambulances and firefighters if their sirens were on;
• crossed a double line;
• violated the rules of cargo transportation;
• for three violations and other traffic offenses.

Court hearing

If you do not know the date for which the trial was scheduled, you can find it out from the traffic police in person or on the traffic police website after entering your driver’s license data: http://www.gibdd.ru/struct/reg/iaz.php?region=46 .

Magistrate judges make a decision on deprivation of rights . The case is sent to the judicial department located closest to the scene of the offense.

If the location of the trial does not suit you, you can submit a petition to transfer the consideration of the case to the place of registration. The request is included in the protocol drawn up by the traffic police officer.

The driver has the right to study all investigation materials to provide his explanations and evidence. It is better to use the help of a lawyer .

You may not appear at trial, but then it will be impossible to prove your innocence . The course of the trial can be changed by data on errors in drawing up a report or arrest, a sincere admission of guilt, driving experience, an impeccable driving history or the presence of other offenses in the past, video and photographic materials from the scene of the incident.

Where can I find out about the court decision? If you were unable to attend the meeting, you can find out about the court decision at the traffic police department, at the nearest traffic police post, or at the office of the nearest court department.

Alerts are also sent by email. The official website of the FSSP, the State Services portal, and the State Traffic Safety Inspectorate will also help.

The decision comes into force within ten days if the violator does not intend to appeal the decision.

A decree on deprivation of a license can be obtained from the office of the court district that considered the violation . There you will be given a copy, but first you need to write an application. If the motorist was present at the meeting, he will be given a copy immediately.

Appealing a court decision

Quite often, drivers do not agree with the court decision and do not want to admit guilt.

The challenge process begins with an appeal, which is filed within ten days from the date of the decision. The decision must be appealed to the court of first instance.

Prepare arguments: video and photographic materials that have not been considered before and prove your innocence, testimony of witnesses. Competent testimony of witnesses often plays an important role in overturning the penalty of deprivation of a driver’s license.

As arguments, one can use the presence of elderly parents, disabled people or children in the family who need to be transported in the car, or the use of a car as the only source of income.

Then you can get off with a fine or community service. Arguments must be supported by documents .

Restoration of rights

If the driver wishes to return his license after the period of deprivation has expired, he must provide the following documents:

1. Medical certificate of health (form 003-В/у), which is obtained at the clinic.
2. Copy of the passport.
3. Court decision on deprivation of rights.
4. Pay all outstanding fines, if any. But you need to know: if the decision to impose a fine was made more than two years ago, but was not carried out, the motorist may not pay the fine.
5. Do I need to take an exam? Yes, you will have to pass a theoretical exam at the traffic police and receive an exam card with a mark.
6. Write an application to return your driver's license.

Expired rights are also subject to restoration . You can apply for reinstatement at any branch; you do not have to come to the place where your license was surrendered.

A month before the end of the sentence, you can send an application to the traffic police with a request to redirect the driver's license to the nearest department.

The legislation of the Russian Federation does not provide for early return of a driver’s license after deprivation.

For a bribe or an attempt to give a bribe to traffic police inspectors for the early return of the driving license, you may face punishment under Article 291 of the Criminal Code of the Russian Federation “Giving a bribe to an official.”

More about the exam

Information about the theoretical test after deprivation of the driver's license:

• the exam is taken at any traffic police department;
• registration for the exam is open through the public services portal;
• such an exam contains only questions on traffic rules (unlike exams that are conducted for graduates of driving schools);
• Usually you need to answer 20 questions, 18 of them must be answered correctly;
• The number of attempts is not limited; you can repeat the test in a week.

In conclusion, we will briefly define how and when to surrender your license to the traffic police after deprivation of your license by court:

1. The traffic police inspector does not have the right to confiscate a driver’s license on his own. The motorist can drive the car until the court decision on deprivation of rights comes into force.
2. As soon as the decision comes into force, the driver must submit the documents within three days. You can hand them over to the traffic police department at your place of registration or to the department nearest to you.
3. Before and after delivery, the court decision can be challenged within ten days.
4. They didn’t give you a certificate after passing your license - that’s normal. You must keep one of the two copies of the application that you submitted to the traffic police, with the inspector’s note on the date of submission.
5. If you do not surrender your license after deprivation, the driver faces a fine, mandatory labor or administrative arrest.

Even if the decision to deprive your rights has already been made, you can try to challenge it. Often, lawyers restored the client's rights through the appellate court.

Also, sometimes lawyers proved unlawful actions of a traffic police officer during an arrest: for example, the results of a breathalyzer were inflated.

But if all possibilities to appeal the punishment have been exhausted, hand over your driver's license on time so that the countdown of the period of deprivation of rights begins.

Video: Didn't pass your license? Blame the judge!

Where to return your driver's license if revoked? Is it possible to submit a test at a location other than your place of registration?

Deprivation of rights is associated with a number of responsibilities after the punishment is imposed. As of 2019, you will need to pay all fines, pass a theoretical exam on knowledge of traffic rules and, in some cases, obtain a new medical certificate. But the first thing you need to do is send a driver’s license to the traffic police department, otherwise the sentence will not begin. We will find out in this article where to correctly hand over your license after deprivation, where it will be stored, and how to pick it up later. We will also tell you how to submit them correctly.

Is it even necessary to give up the loan in the event of deprivation?

Not at all. But the only option is to write a statement about the loss of rights. In this case, of course, you cannot drive with an old driver’s license. If you haven’t lost it, then you definitely need to return it, and do it correctly.

By the way, if you suddenly decide to cheat and, having written a statement to the traffic police about the loss, continue to drive with this license, then keep in mind that in this case your period of deprivation of rights will be postponed to the date when the traffic police inspector who will stop and you show him the “lost” license, it will detect it.

This is what the Supreme Court stated in its recent Plenum Resolution:

At the same time, if a person has declared the loss of the relevant certificate, and then actually continued to use it when driving a vehicle, which is confirmed by the fact that this certificate was confiscated, the period of deprivation of the right to drive vehicles is considered interrupted and the continuation of the calculation of the interrupted period is carried out from the date of confiscation a person with the appropriate ID .

For example, you were deprived of the right to drive on January 1, 2019 for six months. But instead of surrendering your license after deprivation, you wrote a statement about the loss and continued driving. On March 1, 2019, you were stopped by a traffic police officer, and you showed him this. However, he hit the base that you are deprived of. In this case, the duration of the punishment is interrupted and begins again on March 1. Thus, it will end not on July 1, but on October 27, 2019 (we do not take into account 3 days, since the interruption of the period of deprivation in any case does not include these 3 days - part 1.1. Article 32.7 of the Administrative Code).

Where should I submit my license?

After deprivation of a driver's license, you must submit it to the traffic police. The court indicates which division. You cannot simply hand them over at your place of residence (registration), if it does not coincide with the place of the violation.

This is stated in Article 32.5 of the Administrative Code:

1. A judge’s decision on deprivation of the right to drive a vehicle, with the exception of a tractor, self-propelled machine and other types of equipment, is executed by officials of the internal affairs bodies.

Look in the operative part (at the very bottom) of the decision on sentencing - the traffic police department authorized to carry out the punishment should be indicated there.

If it is not written in the resolution?

In this case, you still don’t need to simply take your driver’s license to your registration address. You have 2 options:

1. surrender your license after deprivation to the traffic police at the place where the decision was made (to the traffic police in the area where the court imposed the punishment),
2. contact the court for clarification.

A more optimal option is the second one. But in no case do not hand over your driver’s license at your registration address or where it is simply convenient for you, if these addresses are different from the place of deprivation. In this case, there is a high probability that the traffic police department in question (at the place where the violation was committed) will not have information about the surrender, and there will be problems with the period of deprivation.

If you lost your phone?

Then you need to write a statement about the loss - to the same traffic police department, which is authorized to carry out this type of punishment. If such a statement is not written, the period of deprivation will be interrupted.

How to give it away correctly?

When handing over your license, you must have proof of this. Most often, when accepted into the traffic police, you:

• or put a mark of acceptance in the second copy of your application if you submit it in writing,
• or they give an act of transfer of a driver’s license (the name of the document is not regulated by the legislation of 2019, and therefore it may be different, but the essence does not change).

Be sure to make sure that you have a document confirming the delivery of your driver's license with a stamp and signature of a traffic police officer. Otherwise, when you receive a license at the end of the period of deprivation, you may be in for a surprise with an interrupted period of deprivation.

Important note!

• This article provides basic information, but each case is different.
• In 92% of all situations there are important nuances that can affect the outcome of the entire case.
• An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).

What's next?

Next comes the calculation of the period of deprivation of rights. Remember that in order to successfully return your driver’s license, you will need to fulfill 2, and in case of deprivation under some articles, 3 obligations:

• pay all existing fines,
• pass an exam on knowledge of traffic rules,
• if you are imprisoned for intoxication or refusal to undergo an examination under Articles 12.8, 12.26 or 12.27 of the Administrative Code, you will also need to undergo a medical examination and receive a certificate.

Pick up only where you dropped it off?

No. You can send an application for forwarding your driver’s license to the convenient traffic police department you specified.

Please note that such an application must be submitted no earlier than 30 days before the end of the deprivation period. Otherwise, your driver's license will simply not be sent.

This is indicated by paragraph 6 of the Rules for the return of used goods (PPRF No. 1191).

Where to return your license after revocation?

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The changes that have occurred to the federal law “On Traffic Safety” No. 196-FZ regulate the new procedure for collecting and returning driver’s licenses, starting from September 1, 2013. Now the traffic police inspector should not and does not have the right to take away the driver’s license - the owner himself brings it to the local traffic police office within the time limits established by law. This article provides detailed information about where and when to surrender your license after revocation.

Where to submit a driver's license by court decision in Moscow

Previously, the withdrawal procedure was as follows:

• Identification of the offense. There are serious reasons for depriving a driver’s license - driving while intoxicated, malicious evasion of numerous fines, having debts, crossing a double solid line, ignoring the requirements of the traffic police team, etc. The actions of the inspector are regulated by Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185 .
• Drawing up a protocol . It indicates the essence of the offense, the names and surnames of all participants in the incident.
• Withdrawal of a driver's license.
• Sending the protocol and accompanying documentation (photos and videos) to the courts.

Now the clause on the withdrawal of rights is excluded from the lawful actions of the inspector - the owner of the vehicle deals with the problem on his own. In this regard, some particularly enterprising citizens believe that in 2019 there is no need to immediately surrender a driver’s license after deprivation of a license, because you can use it for some time. Such a solution can create new problems for the violator - read more about this below.

Procedure for transferring a driver's license that has lost its valid status

After the decision to deprive a driver’s license, it is important to correctly complete all procedural steps. To do this, you need to know where to submit your driver’s license to the traffic police if you have already been completely deprived of your license. He is taken to the traffic police department at the place of registration or temporary registration. However, the procedure requires consideration of a detailed algorithm, otherwise the return of rights will be problematic.

So, a protocol on the recommended seizure was drawn up and one copy was received by the offender. Further:

1. Until the court ruling comes into force, the driver has the right to drive the vehicle. It is important to remember that in case of repeated violation, the measures will become stricter. For example, this punishment is supplemented by a fine of 30 thousand rubles, community service or administrative arrest.
2. After the decision is made, the car owner has three days for delivery of rights. This is what he says Article 32.7 of the Code of Administrative Offenses of the Russian Federation, part 1.1:

Within three working days from the date of entry into force of the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right, a person deprived of a special right must submit the documents provided for in parts 1 - 3.1 of Article 32.6 of this Code to the body executing this type of administrative penalty .

When the decision is made, the owner of the certificate submits it to the local traffic police department , not forgetting to receive a copy of the surrender protocol. Otherwise, without this certified confirmation, it will be difficult to prove compliance with the court order and transfer of the document.

If the owner of the license has doubts about the legality of the seizure, then he can be sure that he will still have to surrender his driver’s license after deprivation of his license in the event of a conflict between the parties. Only after this the owner of the document has the right to file an appeal or take other steps together with a lawyer .

If the document was lost within the period after the court decision, then within three working days such a fact must be registered by the traffic police department . This is done after submitting the application. Otherwise, failure to submit the certificate will be interpreted as evasion of the execution of a court decision. Which, naturally, entails an extension of the sentence.

Before and after completion of the license surrender procedure, the motorist has the right to appeal the punishment in accordance with Article 30.3 of the Code of Administrative Offenses, Part 1 :

A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

This is stated in paragraphs of Article 31.1 :

A decision in a case of an administrative offense comes into force:

1. after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested;
2. after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision;
3. immediately after a decision on a complaint or protest is made, which is not subject to appeal, except in cases where the decision cancels the decision.

What happens if I was deprived of my license, but I didn’t give it up?

It is not recommended to ignore the requirements of the law. If your driver's license has been revoked, you must surrender it within the time limits specified by the rules. You should not be cunning and continue to drive the vehicle without permission, even if the inspector has a note about the seizure of the document.

Games with the law are fraught with punishment, according to Code of Administrative Offenses 12.7 :

• An increased fine of up to 30 thousand rubles .
• Administrative arrest for 15 days .
• Correctional labor for a period of 100 to 200 hours , depending on the severity of the violation.

In addition, the period for calculating the penalty is extended precisely by the time for which the offender extended the procedure for surrendering his license. That is, the period of deprivation of rights is not counted if you have not submitted the certificate. This is stated in article 32.7, part 2 :

If a person deprived of a special right evades submitting the relevant certificate (special permit) or other documents, the period of deprivation of the special right is interrupted. The period of deprivation of a special right begins from the day the person surrenders or withdraws from him the corresponding certificate (special permit) or other documents, as well as the receipt by the body executing this type of administrative punishment of the person’s statement about the loss of these documents.

Return of driver's license

After studying the previous information on how to hand over a driver’s license to the traffic police after deprivation of your license by a court, no questions should arise - everything is extremely simple.
Now it's time to move on to studying the procedure for returning documents. The owner must prepare for this throughout the allotted sentence, since he:

• You will have to retake the theoretical part of the traffic rules.
• It is necessary to provide a medical examination with notes indicating the absence of contraindications to driving and without registration at a drug treatment clinic.
  

In the legal field, Article 32.6 Part 4.1 on the return of rights states the following:

After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules, and for committing administrative offenses provided for in parts 1 and 4 of Article 12.8, part 1 of Article 12.26 and part 3 of Article 12.27 of this Code, also a medical examination of the person for the presence of medical contraindications to driving a vehicle.

By the way, the storage period for licenses in the traffic police is not unlimited and is 3 years from the date of delivery . Therefore, when the exam on the theoretical part of the traffic rules has been passed, and the deadline for obtaining a certificate has passed, the issuance procedure is repeated, since unclaimed documents are destroyed in accordance with Part 5 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation .

Let's sum it up

So, let’s determine the procedure after the inspector has recorded a violation, which was followed by drawing up a protocol on the seizure of documents for driving the vehicle:

1. Since the inspector does not confiscate the license on his own , the driver is allowed to drive the car with them until the court decision comes into force.
2. After receiving the decision, you must submit the documents within three days , and for this you need to know which traffic police department to hand over your license after deprivation. They should be submitted to the department at the place of registration or temporary registration. It is important to immediately act in accordance with the law, even if the driver does not agree with the court’s decision.
3. Before and after passing the driver's license, it is possible to file an appeal within the statutory time limit of 10 days .
4. Sometimes they may not give you a certificate right away, even if you have already passed your license to the traffic police. This happens due to the fact that the inspector is not required to write receipts for receiving documents. To do this, the owner must write an application in two copies (one for each party), which the employee accepting the package of papers endorses with his signature.
5. The punishment period will begin exactly at the moment when the forgetful driver comes to his senses. In addition, failure to comply with a court decision may result in penalties if the car owner drives a car without a license.
6. After surrendering the rights, within 10 days the owner of the documents will be able to challenge the deprivation in higher authorities. If there are grounds for this, the certificate may be returned early.

The situation when a car owner is deprived of his rights, but the rights in his hands is not uncommon. In order to prevent unnecessary expenses, both moral and material, it is recommended to study the set of rules described above. Good luck on the roads!

How to surrender a driver's license to the traffic police after deprivation of rights by a court

One of the types of sanctions under the Code of Administrative Offenses of the Russian Federation includes restricting the ability to drive a car for a certain time. It is used when the person behind the wheel has seriously violated the traffic rules. Restriction on driving may last from 1 month. up to 3 years. The period depends on the type of violation. How and when to hand over your license to the traffic police after your license to drive a car has been revoked by a court is described below.

The term "driver's license" or "licence" is often used colloquially. This article uses the abbreviation “VU” – driver’s license.

Only a judge can deprive a driver of a driver’s license in the manner regulated by the Code of Administrative Offenses of the Russian Federation. The process of deprivation of a temporary residence permit contains several stages.

1st stage. A protocol is drawn up

It can be schematically described as follows:

1. The driver violates traffic rules.
2. The inspector identifies a violation.
3. Stops the car.
4. If such actions are subject to liability under the Code of Administrative Offenses, expressed in the deprivation of a license, a protocol is drawn up (Article 28.3 of the Code of Administrative Offenses of the Russian Federation, Order of the Ministry of Internal Affairs dated March 2, 2009 No. 185 - Regulations, paragraph 109).

1. Date of the offense.
2. Time.
3. Place.
4. Information about the inspection employee.
5. Driver information.
6. The essence of the offense.
7. What is violated – from the inspector’s point of view.
8. Article of the Administrative Code.

Based on Art. 28.2:

• Inspector – explains his legal rights to the driver.
• The driver enters into the protocol:
• explanations;
• objections.

The alleged violator also has the opportunity to request that the case be considered at his place of residence - this can also be reflected in the protocol (Article 24.4, Article 29.5 of the Code of Administrative Offenses of the Russian Federation; Regulations, paragraph 113).

In accordance with the norm of Art. 28.2, signatures on the document are placed:

From 09/01/2013, the holder of the document is not confiscated by the inspectorate employee (Article 1 of the Law dated 07/23/2013 No. 196-FZ).

2nd stage. Papers are sent to the judge

The protocol must reach the judge within 3 days from the date of preparation (Article 28.8). In such situations, this is the magistrate located at the place where the offense was committed. But if the above-mentioned request is satisfied, the documentation is transferred to the judge located at the place of registration of the person who was driving (Article 29.5).

The evidence base is attached to the protocol:

3rd stage. Trial

1. Receiving materials.
2. Accepting them into production.
3. Appointment of the place and day for the consideration of the case.
4. Driver notification.

Typically, a court hearing takes place in the presence of the person being held accountable. But if he does not come, the judge makes a decision in his absence - with proper notification of the place and time.

During the investigation, the driver has the opportunity to:

• study materials on the case;
• make explanations;
• present evidence;
• ask for it to be reclaimed by the court;
• make a statement to challenge the judge;
• attract a defender;
• challenge a court decision.

Based on the results of studying the materials, the judge accepts (Article 29.9):

• decision on the need for punishment;
• termination of consideration of the circumstances of the incident.

4th stage. Actions of the violator

When a judge makes a decision to temporarily confiscate a driver’s license, it can be appealed to a higher authority within 10 days from the date a copy was delivered to the driver (Article 30.3).

When a decision is not appealed, it takes effect after the period for appeal has ended. The missed time is restored by sending a petition to the court (Article 31.1).

In continuation of 3 work. days from the moment the resolution became legal, the driving license must be submitted to the traffic police. In a situation where the driver's license is lost, you need to write a statement about it - also to the traffic police. The period of deprivation of the driver's license begins to run from the date of receipt by the inspectorate (Article 32.7).

The driving license is handed over to the nearest traffic police department in person. To record this fact, you need to write an application in 2 copies so that the traffic police officer puts an acceptance mark on one of them.

The application must indicate:

1. To whom it is addressed (full name, position of the head of the traffic police department).
2. From whom (full name, other passport details of the applicant).
3. His address.
4. Full name of the judge.
5. Details of the resolution.
6. Request to accept the VU.
7. Its details: series, number, category, by whom and when issued.
8. Date of.
9. Signature.

Attention! The inspection officer's note must include:

1. Date of acceptance of the document.
2. Job title.
3. Signature.
4. Its decoding.

When a vehicle is driven by a driver deprived of a driving license, he faces one of the following types of sanctions (Article 12.7):

• fine - 30 thousand rubles;
• arrest – from 1 to 15 days;
• community service (100-200 hours).

How to return rights

In order to return the driver's license after the period of deprivation has expired, you need to do the following.

Step No. 1. Decide on the end date of the restriction period

The calculation of the period begins from the date on which the court decision acquired legal force. As stated above, it takes effect 10 days after receipt by the violator.

The court hearing was held on April 20. The decision was received on April 25. The term of imprisonment is 5 months. The decision comes into force on May 5. The first day of the deprivation period is May 6. You can pick up your ID on October 6.

In Art. 32.7 states that: when the driver has not surrendered his license after being deprived for 3 days; when the driving license is lost and this is not reported to the traffic police also within 3 days, the restriction period does not begin to run (Article 32.7).

Step #2: Pass the exam

Starting from 09/01/2013, the driver's license is returned only after passing an exam on knowledge of the Traffic Rules (Article 32.6). To do this, you will need to write an application no later than 1 month before the end of the deprivation period. It is sent to the same traffic police department where the driving license was sent. You can complete the test no earlier than 15 days in advance. before the period of deprivation comes to an end.

Step #3: Submit documentation

In order to return the driver's license, you will need a passport.

Additionally, you will need a medical certificate (Article 32.6):

• for deprivation of rights while driving while intoxicated;
• for refusal to undergo a medical examination for alcohol;
• for taking alcohol or drugs after an accident on the road.

The list is closed. Requiring other documentation is illegal.

From what is described above, it is clear that the procedure for submitting your license to the traffic police and the events associated with it are subject to strict regulations. To avoid even bigger troubles, it is advisable to stick to it.