Revoked driver's license when it comes into effect

The effective date of the court decision to deprive a driver’s license - all the nuances you need to know

In case of proven violation of traffic rules, administrative proceedings are initiated against citizens. The most serious offenses of the Code of Administrative Offenses of the Russian Federation contain a sanction in the form of deprivation of the right to drive a car.

Legal significance of the period for the entry into force of a court decision on deprivation of rights

Administrative cases in which the deprivation of a driver’s license may be established are considered by the courts on the basis of procedural materials of the traffic police. Based on the results of checking the collected evidence and studying written documents, the court makes a decision to hold the citizen accountable in the form of deprivation of the right to drive a car.

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The legal consequences of any judicial act occur only after it enters into force. The time limits for the entry into force of court documents vary in different legal systems. For administrative acts, such a procedural period is specified in Art. 30.3 Code of Administrative Offenses of the Russian Federation.

So, when does a court decision to revoke a driver’s license take effect? Establishing the period during which the court ruling comes into force allows us to determine the following legally significant circumstances:

the maximum permissible period for filing a complaint against a judicial act of the first instance;
the beginning of the period for deprivation of the right to drive a vehicle;
the start of the countdown of the period during which the driver must voluntarily surrender the driver’s license form.

Thus, extremely important subsequent actions and decisions to be made by a citizen deprived of the right to drive a car depend on the establishment of this period.

When does a judicial act on deprivation of rights come into force?

Article 31.1 of the Code of Administrative Offenses of the Russian Federation regulates that an administrative decision comes into force after the expiration of the procedural period allotted for an appeal, if such a complaint has not been received by the court of first instance. This period is established in Article 30.3 of the Code of Administrative Offenses of the Russian Federation and is 10 days from the moment the citizen received a copy of the judicial act.

Thus, a citizen in respect of whom a decision has been made to deprive him of his rights has the following options for behavior:

within 10 days from the receipt of the judicial act, file a reasoned complaint to a higher court;
do not take action to challenge the court ruling.

If within 10 days a complaint is not received from a citizen deprived of his rights, the decision comes into force and is subject to execution. In this case, the date of entry into force of the decision will be the next day after the expiration of 10 days from the date of delivery to the citizen of a copy of the act of the judicial authority.

As soon as the decision of the judicial authority comes into force, two procedural periods begin to flow at once:

to voluntarily submit a driver’s license form;
at the beginning of the period of deprivation of the right to drive, fixed in the court ruling.

As soon as the judicial act has entered into force, the citizen is obliged to voluntarily submit the driver’s license form to the territorial division of the traffic police. He is given a three-day period for this, violation of which also entails adverse consequences - the period of deprivation of rights will begin only from the moment the certificate form is submitted.

How to determine the moment a citizen receives a copy of the resolution, because from this date the ten-day period for appeal will begin? If the decision was served in person after the court hearing, there are no problems with determining the time limit. If the driver did not participate in the trial, the decision will be sent to his address recorded in the protocol on the administrative offense.

A situation may arise when a citizen receives a court decision already at the moment of forced confiscation of his identification form. He has the right to file a complaint only if there is reliable evidence about the date of receipt of a copy of the decision.

If, after the entry into force of a judicial act, a citizen evades the surrender of a driver’s license and continues to use the vehicle, he will still be held accountable for driving without a license. However, in this case, the period of deprivation of rights will begin to run only from the moment of actual delivery of the rights form.

Calculation period for deprivation of a driver's license

The content of the article

How long is a driver’s license revoked and how is it calculated? What are the terms of deprivation of rights: maximum and minimum? According to Russian administrative law, deprivation of a driver's license is the most severe punishment imposed for the most serious offenses. Depending on the severity of the act, rights can be lost for a period of 1 month to 3 years (for driving while intoxicated, or for transferring control of the vehicle to a person who is intoxicated).

The most common questions asked by drivers whose licenses have been taken away are: “From when should the period of deprivation be counted?” and “When will the license be returned?”

At what point does the period of deprivation of rights begin?

In a situation where a driver is stopped by a traffic police officer, or when an accident occurs, according to the law, he draws up a protocol in which he indicates the act committed by the offender for violating traffic rules, and indicates the article of the Code of Administrative Offenses of the Russian Federation, which provides for liability.

The protocol drawn up by the police officer, with all the collected materials, is sent to the court at the place where the offense was committed within 3 days. Next, the judge sets a date for the hearing. As a general rule, with proper notification of the culprit, the judge can consider the case alone, without the presence of the driver.

Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation states: “The period of deprivation of a driver’s license begins from the moment the relevant court decision enters into legal force.”

At the same time, if the driver does not agree with the decision, he has 10 days to appeal it in a higher court. (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline for appeal was missed for a valid reason, you should file a petition to renew the deadline.

Many drivers use this right, thus delaying the surrender of their license.

The complaint is submitted to the magistrate who made the decision, and is considered in the district/city court. Car owners often make the same mistake - they write a complaint in order to “just write”. But to effectively resolve the case in their favor, you should very carefully analyze the case materials, including procedural acts, and only then draw up a reasoned complaint.

The case is considered within 2 months, as a result of which the decision remains in force, is changed, or is canceled. In a situation where the decision of the magistrate does not change, the decision immediately comes into force.

If, in this case, you remain dissatisfied with the decision, then supervision remains - the regional court.

The deadline for contacting the supervisory authority is established by law. Therefore, if you missed the appeal period, you can safely contact the supervisor. The only thing is that during this period the decision of the magistrate will be considered to have entered into force and therefore you cannot drive a car.

Important! In accordance with recent changes in laws, the driver must now independently surrender the license after the court decision enters into legal force. Previously, traffic police officers took away licenses at the scene of the offense.

In this case, the period is calculated only after the said decision comes into force and a copy is received by the person in respect of whom it was issued. Thus, the period of time given by law for appealing a decision postpones the sanction by another 10 days, if the driver was present at the court hearing and a copy of the decision was issued to him immediately. If a copy was sent to the driver by mail, then the period of deprivation may begin two weeks later, when a registered letter arrives.

It is also worth considering the fact that the driver, after receiving a copy of the court decision and its entry into legal force, is obliged to surrender his driver’s license within three days in accordance with Article 32.7 of the Code of Administrative Offenses of the Russian Federation. The driver's license is handed over to the territorial division of the traffic police, since it is this body that is obliged to execute the judicial act by which the citizen was brought to administrative responsibility. Only then does the period of deprivation of the special right begin to be calculated again.

When does the period of revocation of a driver's license end?

The day when the period of deprivation expires and you can finally get behind the wheel again is eagerly awaited by all motorists who, for one reason or another, were deprived of a special right.

The period ends exactly after the time period for which the driver was deprived.

After the court ruling comes into force, the countdown of the period for deprivation of the special right begins. In this case, the starting point may vary depending on whether the decision was challenged or not. If the decision has not been challenged, then to the date of the decision it is necessary to add the period established by law for challenging it, which is 10 days. In the case where the decision was challenged to a higher authority, the beginning of the period will be considered the date when the court issued a decision on the decision of the court of first instance.

Important! If the driver does not surrender his license to the territorial traffic police office, the period of deprivation is interrupted. Consequently, the end of the period of deprivation also increases.

Thus, in order to determine the expiration date of deprivation of a driver’s license, the period for which the driver is deprived of a special right should be added to the start date of the deprivation period.

How long will a driver's license be revoked?

According to the current legislation, Article 3.8 of the Code of Administrative Offenses of the Russian Federation establishes that the period of deprivation of a driver’s license cannot exceed three years, but the minimum limit is one month.

Minimum period of deprivation of rights

The law clearly defines the cases when a driver is subject to administrative punishment in the form of a fine for violating traffic rules, and when he is deprived of a special right. First of all, it determines the fact how serious the offense committed is. Therefore, the minimum period for deprivation of a driver's license is 1 month.

Maximum period of deprivation of rights

The maximum period of deprivation of a special right should not be more than three years, but this rule applies to one offense committed. The driver may commit several administrative offenses, for which liability is provided in the form of deprivation of a driver’s license, and therefore the period of deprivation may not be several months or three years, but more than five, in other cases, ten years. It all depends on the seriousness of the violation committed.

If the calculation of the period for deprivation of the right to drive a vehicle is interrupted

Surrendering a driver's license upon deprivation of a license is a prerequisite for the prosecution procedure. But also, according to clause 2 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, if a person deprived of a driver’s license evades the surrender of his license to the relevant authority, this is grounds for interrupting the period of deprivation. This means that the interrupted period will be resumed only after the tertiary license has been handed over or it has been withdrawn.

Statute of limitations for deprivation of rights

The current legislation does not establish a statute of limitations for deprivation of a driver’s license. Only if the driver evades the surrender of the driving license after the entry into force of the court decision, the period of deprivation is interrupted.

Procedure for calculating the period of deprivation of a driver's license

The procedure for calculating the period of deprivation of a special right is regulated by law and includes:

determining the beginning of the period of deprivation of the driver's license;
determining the period for which a person is deprived of a special right;
determining the end of the period of deprivation of the driver's license.

How is the period of deprivation of a driver's license calculated - example

In order to correctly calculate the date of return of a driver’s license, we will give a more detailed example indicating the calculation rules:

Let's find out the start date of the period of deprivation of a driver's license. If the protocol on the violation was drawn up on September 1, and the court issued a decision on the administrative offense on September 19, then two scenarios are possible:

the decision was not disputed, the driver received a copy of the decision in his hands after the court hearing, then by September 19 we add 10 days (the right to appeal) - we get the start date of September 29;
The decision was challenged in a higher court on October 17, so the period of deprivation begins on this day.

The period of deprivation of a driver's license is 1 month;
The end of the period of deprivation is calculated as follows: we add 1 month to the start date of the period and with the two options given we get:

September 29 + 1 month = October 30 expiration date for deprivation of a driver’s license;
October 17 +1 month = November 18 is the expiration date for revocation of a driver’s license.

It must be remembered that the start of the deprivation period may be delayed if the driver has not received a copy of the court order. Thus, the period will begin to count from the moment the driver receives a copy of the specified resolution.

When does the period of deprivation of a driver’s license begin if the license is in hand?

When a court makes a decision to deprive a driver of a special right for a certain period, it begins to be calculated from the moment a copy of this decision is received by the person in respect of whom it was made. But what to do if the driver has not submitted his license to the territorial traffic police office?

According to the law, the driver has three days to surrender his driver’s license after the court has issued a deprivation order and it has entered into force. If he does not fulfill this obligation, the period of deprivation is interrupted.

Important! Evasion from submitting a driver's license or failure to comply with the three-day deadline is a violation of Art. 32.7 Code of Administrative Offenses of the Russian Federation. For such an unlawful action, a sanction is provided, which is expressed in the interruption of the period of deprivation of a driver’s license for the entire period of evasion of this obligation.

Didn’t surrender your license after being deprived for good reasons

Whatever the reasons, valid or not, the period of deprivation will be interrupted if the driver has not surrendered his license to the territorial traffic police office. The period will resume as soon as the VA is passed in accordance with the law.

Important! If the driver does not surrender his license within 3 days after the decree comes into effect, the period of deprivation is interrupted. To renew it, you must surrender your license as soon as possible. There is currently no statute of limitations for revocation of a driver's license.

If your ID is lost, you should definitely write a statement about it to law enforcement agencies. Only upon receipt of an application will the period of deprivation of special rights be resumed.

How is the period of deprivation of rights calculated correctly for the second deprivation?

According to clause 3 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, if the driver was deprived of his driving license and was given an administrative penalty in the form of deprivation of his license, then the period of deprivation begins from the next day when the first period of deprivation of his driver’s license ends.

Are the terms of deprivation cumulative?

If the driver has violated several traffic rules, administrative liability for which provides for punishment in the form of deprivation of a driver's license, both before the court ruling on the deprivation of a special right and after, the terms for them are summed up and the period of deprivation for each offense runs one after the other. to others. For example, if a driver was deprived of the right to drive a vehicle for a month, and for another offense - for a year, the next period (annual) will begin to be calculated only after the end of the first.

The period for calculating the deprivation of a driver's license under several regulations

In a situation where a person has been deprived of the special right to drive a vehicle several times, the next period begins the next day after the completion of the previous one. For example, a driver was stopped for driving while intoxicated. But, before the court order to deprive him of his driver’s license, a protocol was drawn up against him for exceeding the speed limit by 80 km/h, for which he was also deprived of his license, only later. The period for calculating the deprivation of a driver's license under the second resolution will begin after the end of the first.

To get your license back, you will have to retake the theoretical exam and obtain a medical certificate.

Thus, if you are facing deprivation of your driver’s license, and you do not agree with this, we recommend that you seek help from a qualified lawyer who will represent your interests in courts of all instances as soon as possible, even before the first court hearing.

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.

Deprivation of a driver's license and calculation of terms of deprivation

Good afternoon, dear reader.

In 2020, there are several dozen points of traffic rules, for violation of which a driver may be deprived of his license. The most common of them are driver intoxication and driving into the oncoming lane.

This article will discuss the deprivation of a driver's license, as well as some related issues:

So, the most severe administrative punishment can be imposed on a driver for several types of traffic violations, each of which can lead to a traffic accident with serious consequences. Let us consider such violations in more detail.

Why is a driver's license revoked?

This table is compiled on the basis of Chapter 12 of the Code of Administrative Offenses and contains violations of traffic rules, sorted in ascending order of terms of imprisonment:

Driving a car without license plates; or driving a car whose license plates are installed anywhere other than in the designated places; or driving a car whose license plates are hidden using special means.
Failure to provide priority to special service vehicles with light and sound signals on.
Repeated driving of an unregistered vehicle.

Exceeding the speed limit by 60-80 kilometers per hour.
Driving into oncoming traffic or tram tracks in the opposite direction.
Driving in the opposite direction on a one-way road.
Repeatedly ignoring a prohibiting traffic light signal or a prohibiting gesture from a traffic controller.
Organized transportation of children at night (from 23:00 to 6:00).

Driving a car with obviously false license plates.
Driving a vehicle with lighting devices installed on the front, the color of the lights and the operating mode of which do not comply with the requirements of the basic provisions for the approval of vehicles for operation.

Repeated violation of the rules for crossing railway tracks.
Repeatedly entering the lane of oncoming traffic or tram tracks in the opposite direction.
Repeated driving in the opposite direction on a one-way road.
Repeatedly exceeding the speed limit by 60-80 km/h or more than 80 km/h.

Driving a vehicle on which sound and light signaling devices are illegally installed.
Driving a car with color schemes of emergency services vehicles.
Leaving the scene of an accident.
The driver’s use of alcohol, drugs and other drugs after an accident.
Causing minor harm to health in an accident.

Using devices to provide special light or sound signals.
Driving a vehicle by a driver while intoxicated.
Refusal to undergo a medical examination for alcohol intoxication.
Transferring control to a driver in a state of intoxication.
Causing moderate harm to health in an accident.

Note. The table does not include violations related to the movement of large and heavy vehicles, or the transportation of dangerous goods. They are also subject to deprivation of their driver's license.

Suspension of rights by bailiffs

In addition to the usual deprivation of rights for the violations listed above, in 2019 the driver can also receive a temporary one - for debts to bailiffs.

Punishment is imposed if there are debts on traffic police fines in the amount of more than 10,000 rubles. The validity of the license is renewed only after the driver pays off the debt.

Procedure for revocation of a driver's license

1. Punishment in the form of deprivation of rights can be imposed on the driver only by a judge . That is, the traffic police officer who recorded the violation only draws up procedural documents. Then he transfers the case materials to the court, where a decision on punishment is made.

2. In 2020, a driver’s license will not be confiscated at the scene of the violation. Accordingly, a temporary permit is not issued.

Let me remind you that before September 1, 2013, a different procedure was applied, providing for the withdrawal of rights by traffic police officers.

3. The driver must independently submit his license to the traffic police within 3 working days from the date of entry into force of the deprivation decision.

Where to submit the certificate?

As a rule, the driver's license is handed over to the department to which a copy of the court order is sent.

For example, if the trial took place at the driver’s place of residence, then the document must be submitted to the traffic police department at the place of residence.

However, the legislation does not make restrictions on this issue. Those. You can also transfer your license to any other department.

For example, if the driver lives in Kaliningrad, and the trial took place in Vladivostok, then it makes no sense to first travel across the country to submit the license, and then again to receive it.

Unfortunately, some traffic police officers refuse to accept licenses if they do not have a copy of the resolution. If you are faced with such a situation, then send the certificate to the traffic police by registered mail (with a list of the contents and a receipt). Employees cannot ignore such a request.

At what point does the period of deprivation of rights begin?

The period of deprivation of rights begins 10 days after the decision of the magistrate court comes into force. 10 days are allotted to appeal this decision.

Note. There are situations in which the calculation of the period may begin not after 10 days, but later:

1. If the court decision is challenged in higher courts, the period will begin after the decision of the district court enters into force.

I note that until this decision comes into force, the driver can drive a car using the driver’s license remaining in his hands

2. If the driver does not surrender his driver’s license within 3 working days, the period of deprivation will not begin to count.

Period of deprivation when losing a driver's license

In this paragraph we will talk about a situation where the driver has lost his license and, due to this, he cannot submit the document to the traffic police department.

In this case, the period of deprivation does not begin .

To solve this problem, you need to file an application for the loss of your driver’s license. The application is drawn up in free form.

Immediately after receiving the application, the traffic police will begin calculating the period. Well, when the period of deprivation of rights comes to an end, the driver will be able to obtain a duplicate license by paying the state fee for its production.

Is it possible to reduce the term of imprisonment?

Let's go back to the table with violations again. Please note that in some paragraphs the terms are indicated with a dash. For example, for driving into the oncoming lane, the period is from 4 to 6 months.

The final amount of the punishment must be chosen by the judge during the hearing. However, the driver has the opportunity to influence the final decision. To do this, you should take advantage of mitigating circumstances:

For example, during a court hearing, the driver may state that he repents of the offense committed.

In addition, aggravating circumstances must be avoided.

How to calculate the return date for your driver's license?

First of all, you need to understand from what moment the period of deprivation of rights begins, i.e. calculate a specific date. After this, you need to add the duration of the term. Let's look at a few examples.

The violation occurred on January 15, 2018, the magistrate’s court took place on January 30, the court’s decision was not challenged, the period of imprisonment was 3 months.

In this case, the start date of the deprivation period is February 9 (January 30 + 10 days). Rights can be returned starting May 10, 2018.

The violation occurred on January 15, 2018, the magistrate's court took place on January 30, the court's decision was challenged in the district court on February 21, the term of imprisonment was 5 months.

In this case, the start date of the period of deprivation is February 21 (the decision of the district court comes into force immediately). Since July 22, 2018 is a day off, you can apply for your license starting July 23, i.e. on Monday.

In addition, you need to pay attention to the fact that the start of the period of deprivation is postponed if the driver did not take a copy of the decision from the court. In this case, the calculation must begin not from the date of the court hearing, but from the date of receipt of the decision.

Those. if in the example discussed above, the driver did not immediately take a copy of the resolution, and it arrived to him by registered mail 14 days later, then the driver’s license could only be picked up 2 weeks later.

Obtaining a certificate after deprivation

1. To return your rights, you must contact the same department where they were handed over. If you want to pick up your ID in another department, you need to write a corresponding application for forwarding the document.

2. If the driver is deprived of his license under articles related to driving while intoxicated, he will have to undergo a medical examination and provide a medical certificate to the traffic police.

3. In 2019, to return your license, you must pass a theoretical exam on knowledge of traffic rules.

4. From November 15, 2014, in order to return your license, you must pay all traffic police fines imposed earlier.

Many law firms specialize in assisting drivers with hardship. Therefore, if you think that the punishment was imposed unlawfully, I recommend that you seek help from a competent lawyer.

I am sure that after reading this article you have learned well how to avoid deprivation of your driver’s license and will never commit serious violations of the rules. Nevertheless, if during the study something remains unclear, then ask your question on the pddclub.ru forum.

And finally, I suggest you watch a funny video about deprivation of a license for speeding:

Calculation of the period of deprivation of a driver's license - how to find out the beginning of the period of deprivation of a driver's license

Drivers who have been deprived of a driver's license are probably wondering how the period of license deprivation (DP) is calculated. And everything seems simple, but if there are several court decisions, how to calculate then? Today we would like to touch on a topic that will answer all your questions regarding the calculation of the term.

Calculation of the period of deprivation of a driver's license

To begin with, I would like to remind you that the rights are no longer taken away on the spot, and you yourself hand them over only after the decision of the last court comes into legal force. Until this point, you can drive your vehicle.

The period begins to be calculated from the date of entry into force of the resolution, which is confirmed by part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation:

The period for deprivation of a special right begins from the day the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right comes into force.

part 1 article 32.7 of the Code of Administrative Offenses of the Russian Federation

But there is a gap between the last court hearing and the start of the sanctions, which is called the period for appeal.

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.

Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation

Based on this, we can conclude that as soon as the verdict is passed, you need to receive a copy of the decision, and then you will have 10 days to appeal. If you do not use them, the sanction will begin to take effect.

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 making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

Article 31.1 of the Code of Administrative Offenses of the Russian Federation

The main criterion here is that you have received a court order. If you were present at the meeting and immediately received a copy of this document, then after 10 days the punishment will take effect. If you did not go to court, then the letter will come to you by registered mail, which can take up to two weeks, which means that this period may be delayed. So we answered the question - from what moment does the period for deprivation of a driver’s license begin?

How to find out the expiration date of the revocation of a driver's license

You just turned in your driver's license and are already counting the days until you get it back. How to calculate when the period of deprivation of rights expires?

The calculation process is completely simple, you only need to know the start date of the period and the period itself for which sanctions were imposed on the driver's license. For example, the day the resolution came into force was December 1, 2014, and the period itself is 3 months. Let's add it up and we get that on February 1, 2015 you can already begin to take away your rights, but keep in mind that if the expiration of the period of deprivation of rights falls on a weekend, then you should wait a little until the first working day and then you can send it to the traffic police department, where handed in your driver's license.

When does the decision to revoke a driver's license come into force?

when does the decree on deprivation of rights come into force from the moment of receipt of the decree or from the moment of deprivation and what if I do not receive the decree

You have the right to appeal the court decision within 10 days from the date of delivery or receipt of a copy of this decision. After the specified time has passed, the court decision comes into force and within 3 days you must submit your driver’s license to the traffic police.

Code of Administrative Offenses of the Russian Federation Article 30.3. Time limit for appealing a decision in a case of an administrative offense

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.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.
3. Complaints against decisions in cases of administrative offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58, 5.69 of this Code may be filed within five days from the date of delivery or receipt of copies of decisions.
(part three was introduced by Federal Law dated July 4, 2003 N 94-FZ, as amended by Federal Laws dated July 21, 2005 N 93-FZ, dated October 4, 2010 N 263-FZ, dated June 2, 2016 N 161-FZ)

4. A ruling is issued on the rejection of the petition to restore the period for appealing the decision in the case of an administrative offense.