Lifetime deprivation of driver's license

Lifetime deprivation of the right to drive a vehicle

Lifetime deprivation of a driver’s license is a relative concept, because the laws of the Russian Federation do not stipulate such a clause as permanent loss of a driver’s license.

But there are cases when the sentences for a driver add up and then he cannot drive a car for 30, 40, 50 or more years.

Then many conditionally talk about depriving a driver’s license forever.

Why are long sentences given, who makes the decision on deprivation of rights and where are violations recorded?

Law on deprivation of a driver's license for life

To the question: “Is there an article in the law about lifelong deprivation of a driver’s license?”, the answer is: “Not yet.” Although State Duma deputies have repeatedly raised this issue at meetings since 2009.

It was no coincidence that they raised it then, because in the same year a drunk driver killed seven pedestrians in the capital. But since that moment, disputes and discussions have continued, and the deputies have not been able to come to a common decision.

There were both supporters and opponents. Those who did not want to support the draft law argued that such a severe punishment as lifelong deprivation of rights would lead to increased corruption in the traffic police, as well as to the fact that many motorists would simply begin to abandon their cars.

Deputies supporting the project on lifelong deprivation of rights note that such a penalty should be introduced to those drivers who:

repeatedly violated the speed limit;
systematically (3 times or more) are deprived of their license for driving while drunk (or under the influence of drugs).

But so far in 2019, the authorities have not adopted a corresponding law. However, the practice of lifelong deprivation of a driver’s license still exists.

What is the punishment for in the form of confiscation of rights?

The maximum period for deprivation of a driver's license is established in the following cases:

If the driver was driving a car (motorcycle, bus, etc.) while intoxicated . True, this fact still needs to be proven: undergo a medical examination, measure the concentration of ethanol in the blood.
If the driver refuses to be tested to control the amount of alcohol in the blood , the traffic police officers clearly understand that the driver is under the influence of alcohol or drugs (or the incident is recorded by cameras).
If the driver re-passed his license and again got behind the wheel while intoxicated , he was again caught by the State Traffic Inspectorate.
If the driver repeatedly violated the speed limit.
If a motorist leaves the scene of an accident in which he himself became the culprit.

There are many other penalties for which the driver may face confiscation of his license for a period from one month to several years.

Deprivation of rights for life: an alternative to strict punishment

According to Art. 32.7 of Chapter 12 of the Code of Administrative Offenses of the Russian Federation (https://www.zakonrf.info/koap/32.7/) states that the period of deprivation of rights for motorists can be no less than 1 month and more than three years.

In this case, punishments can be summed up and they are executed alternately. Therefore, there are cases when a driver is deprived of his driving license for a total period of 50 years or more, which, in fact, corresponds to a life sentence.

Who has the authority to make a decision on lifelong disqualification?

A decision on lifelong deprivation of the right to drive a vehicle (if the relevant law is adopted in the future) or for a certain period in 2019 can only be made by a court.

The procedure is carried out as follows:

At the scene of the incident, the traffic police inspector draws up a written protocol in which he describes the type of violation. The traffic cop has no right to confiscate a driver’s license at this stage.
The protocol is sent for consideration by the local commission at the State Traffic Inspectorate. If the commission insists on a more severe punishment (for example, the driver repeatedly violates traffic rules regarding drunk driving), then the case is sent to court.
The driver is sent an email notification of the court hearing. The judge considers all warnings and orders issued previously. He sums up these types of offenses and issues a verdict on the deprivation of a driver’s license for such and such a period. At the same time, the wording about lifelong deprivation of the certificate does not sound. Although everyone understands perfectly well that this implies a life sentence.

If, for example, we add up 15 decisions (although this is not the limit for many drivers), which stipulate a period of deprivation of a driver’s license for 3 years, then we can calculate that the total period will be 45 years. Therefore, it is considered that this is a lifelong deprivation of rights.

Many deputies of the State Duma believe that tougher penalties should be adopted for those drivers who have been repeatedly punished for driving while intoxicated.

Now, after the third deprivation of a driver’s license due to drunk driving, the would-be driver faces not only deprivation of his rights, but also his freedom for up to 2 years (Article 264.1 of the Criminal Code of the Russian Federation).

And although today in the laws of the Russian Federation there is no such thing as lifelong deprivation of a driver’s license, such situations still happen in practice.

Often we are talking about repeated driving while intoxicated. Even for one such violation the driver will be deprived of his license.

And if a motorist ignores a court order, he is again caught violating traffic rules or driving while intoxicated, and even without a license, then the penalties add up.

At the same time, he will bear the punishments alternately until the previous one expires.

Video: Revocation of a driver's license. What not to do on the road?

Can a driver be disqualified for life?

If you drive illegally, your driver's license may be temporarily suspended. In exceptional cases, persistent traffic violators face lifelong disqualification. It is noteworthy that the imposition of such punishment is not directly provided for by current regulations. The maximum period for deprivation of a driver's license under Russian law is 3 years. If there are several violations, the terms are added up, sometimes reaching a significant figure. It is equivalent to lifelong suspension of the license.

Lifetime deprivation of rights as a form of severe punishment

Only a court can impose a temporary restriction on the use of a driver's license. The minimum sentence is 1 month, and the maximum is 3 years.

The periods can be summed up and executed one by one. Thanks to this feature, the total duration of the restriction on driving a vehicle can be tens of years.

What violations are possible?

I can deprive my rights for life for any type of violation that provides for a temporary restriction of the validity of the license. Most often, impressive sentences are accumulated on articles that imply the most severe punishment.

The court may impose deprivation of rights for three years for:

driving a vehicle while intoxicated;
refusal of medical examination;
repeated record of driving while intoxicated;
repeated failure to comply with the speed limit;
escape from the scene of an accident by the driver who caused the accident.

Some drivers, even after the entry into force of the decision on punishment in the form of deprivation of rights, do not submit the document to the traffic police, but continue to drive.

If they pass the driving license, they travel without it at all. It is these citizens who most often, sooner or later, receive sentences comparable to a lifelong restriction of the right to drive a vehicle.

Who makes the decision on lifelong deprivation of rights

Only a court can impose restrictions on the use of a driver's license. At the moment a violation is recorded, the inspector draws up a protocol, which is then sent to the magistrate (less often, to the district or city authority). If the driver is intoxicated, the traffic police officer may temporarily remove him from driving the vehicle. It is noteworthy that even a court cannot suspend the validity of a license on the basis of materials automatically recording violations. In such situations, only fines apply to defendants.

It is important to note that even a judge cannot officially revoke a driver’s license for life. He is only able to summarize the punishments for proven offenses, announcing the final result. Recently, terms of 45-50 years or more have ceased to be a rarity. Although they are not stated as lifelong, in fact that is exactly what they are.

Is there a law on life imprisonment?

For ten years now, deputies have been discussing the possibility of creating a law according to which a persistent traffic violator could be deprived of the right to drive a vehicle for life. It is planned to be applied to those who repeatedly violated the speed limit or were caught driving under the influence of alcohol or drugs more than three times. So far, such a legal act has not been adopted due to the presence of a large number of opponents of such a strict measure, who consider it ambiguous. Instead, penalties for certain offenses were tightened - some include imprisonment for up to 9 years.

In fact, it is possible to deprive a violator of his rights for life, but the current methodology is imperfect. First of all, it does not reduce the burden on judges, who are forced to systematically hear the cases of the same citizens. Experts believe that in 2019 the draft law will nevertheless be proposed and approved as quickly as possible.

Where is the mark fixed?

After a court order is issued to deprive the driver of a driver’s license, the countdown of the sentence begins. Within three days, the citizen must take his license to the traffic police, otherwise the calculation will stop and will resume only at the moment of submitting the document to the traffic police. In this case, the statute of limitations or other circumstances do not apply here; the punishment will have to be served in full.

Is lifelong disqualification possible?

In order to obtain a driver's license, you need to obtain the approval of a medical commission, which determines the absence of contraindications for a person's health, and pass the necessary exams that confirm the knowledge and skills of the future driver.

These measures are aimed at reducing road accidents. But not all drivers are disciplined and traffic rules are constantly violated. Some violations are punishable by fines, but for others it is quite possible to lose your cherished driver's license for a certain period. Can your license be taken away for life?

For which traffic violations in 2016 you can lose your driver's license:

driving a car while intoxicated. The most common violation of the law. If a driver is caught driving while drunk for the first time, the punishment ranges from one and a half to two years.

If the driver is caught committing this offense again, the term of imprisonment is extended to three years.

If, when calculating the first offense, a drinker is caught a second time, then the term of imprisonment will be increased in accordance with the laws of the Russian Federation.

It follows from this that the period of deprivation of the coveted card can reach up to fifty or one hundred years, which is equivalent to lifelong deprivation of a driver’s license for drunkenness.

In the same way, the transfer of a car for operation to a person who is drunk and the driver’s refusal to undergo a medical examination for blood alcohol content are punishable.

In second place, the offenses for which one is legally deprived of the right to drive is exceeding the speed limit, and exclusively over 60 km/h.

Third place belongs to drivers who committed road accidents causing harm not only to technical equipment, but also to people. The punishment period depends on the degree of damage received and ranges from one to two years. For this type of offense, a fine and or administrative arrest are also provided.

Further, traffic violations are arranged in the following order: leaving the scene of a road accident without special permission from a State Traffic Inspectorate employee or without drawing up a European protocol;
deliberate falsification of state numbers issued when registering vehicles with the traffic police; use of unauthorized lighting devices; violation of traffic rules at railway intersections; violations related to the transportation of large cargo. If a driver simultaneously violates several rules, the period of deprivation of a driver’s license can be summed up or imposed on a first-come, first-served basis. For example, a person under the influence of drugs exceeded the speed limit by 72 km/h and was detained. FOR violating two rules, the driver can be punished for 1.5-2 years, as well as 4-6 months. The judge may decide to deprive the person of his driver's license for two years, and then for another 4 to 6 months.

Thus, the decision on the period and procedure for deprivation of a driver’s license is made exclusively by the court, but strictly on the basis of the laws of the Russian Federation, which provide for any of the above options.

Disputes about the introduction of lifelong deprivation of rights have been taking place in legislative bodies since 2009; different versions of the document have been proposed: lifelong deprivation for secondary violations of the speed limit, etc. Until the end of 2015, not a single version of the law was adopted; the whole point is a divergence of opinions among citizens and legislators. Some believe that this will lead to corruption of the law enforcement apparatus, others say that lifelong imprisonment can teach people not to use motor vehicles at all.

Lifetime deprivation of the right to drive a vehicle

Since 2009, deputies at meetings have wanted to introduce lifelong deprivation of driver's licenses, but the bill has not yet been adopted. In some cases, citizens may still be imprisoned for a period of 30-50 years when the penalties for violations are added together. The procedure is carried out in court, taking into account legal norms.

Why can you be imprisoned for life?

official wording “lifelong deprivation of a driver’s license” in any legislative act of the Russian Federation. In Art. 3.8 of the Code of Administrative Offenses of the Russian Federation states that the minimum term of imprisonment cannot be less than 1 month and more than three years. By cumulative addition, the court may revoke a certificate for first-time or repeated offenses:

Thus, according to the law, only long-term deprivation is allowed when penalties for several violations are added together.

Let's look at a practical example:

The driver, while driving a Mercedes, crossed a double solid line to turn left (6 months), then on 15 sections of the highway exceeded the speed by more than 60 km/h. At one of the sites he was stopped by a traffic police inspector. Based on the driver’s condition, he assumed that he was driving drunk and suggested that he undergo a medical examination.

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The driver did not refuse a medical examination due to the impossibility of controlling his actions. The examination showed the presence of 2.8 ppm in the blood.

When deprived, several violations were taken into account at once:

Violation of marking requirements when turning left – 6 months.
Speeding – six months. For the driver, the punishment will be 1 year for each, because He had previously faced similar charges. The total number of violations recorded by stationary traffic police posts is 10.
Drunk driving – 2 years.

By cumulative addition, the court sentenced the offender to deprivation of a special right for a period of 17.5 years. Additionally, the man was ordered to pay 800 rubles. for failure to comply with the requirements of traffic police inspectors to stop at stationary posts.

In some cases, these terms can reach 40 years, which actually equates to life imprisonment.

Procedure for revoking a driver's license

According to the law, only a court can deprive a citizen of a license.

What the procedure looks like step by step:

The inspector discovers the violator and draws up a report at the scene. The document must be signed by the driver. Signatures of at least two witnesses will also be required. If an accident occurs, you will need a certificate of the accident, a diagram and witness testimony, especially if there are injuries or deaths.
The documents are provided to the investigator. A petition for deprivation is being prepared in court.
The documents are submitted to the judicial authority (magistrate), the judge makes a ruling and sends a summons to the violator.
On the appointed date, the citizen comes to the meeting. The duration of the proceedings does not exceed 10 days.
Based on the results, a decision is made. It comes into force after 10 days. This time is given to the citizen for an appeal.

After the decision comes into force, the driver's license is handed over. A citizen may submit an appeal to the court that made the decision within 10 days. Subsequently, it is transferred to a higher judicial authority for re-examination of the case. As a result, the appellate instance makes a ruling to cancel the decision or to leave the document unchanged

Revocation of driver's license for life

The driver of the car bears full responsibility for the source of increased danger that belongs to him. In some cases, the Code of Administrative Offenses of the Russian Federation provides for the possibility of depriving a motorist of the right to drive a vehicle.

The terms of punishment may vary depending on the severity of the act committed. We can talk about several months or even years, but is lifelong deprivation of a driver’s license practiced in Russia and for that you can become a pedestrian forever. This article will tell you about this.

Is there a law on lifelong deprivation of a driver's license in Russia?

Current Russian legislation does not provide for such a measure as lifelong deprivation of rights.

Attention! No court can make a ruling that for one offense the offender will lose his rights for life.

The introduction of this measure has been discussed in the State Duma since 2009. There are many reasons for this. The capital and major cities of the country are shaken by accidents in which several people die due to the fault of drunk drivers. Pregnant women and children end up under the wheels. In comparison with the social danger of such crimes, the maximum, even criminal, punishment seems quite small.

Based on such odious cases as the behavior of Mara Baghdasaryan, who repeatedly got behind the wheel while already deprived of her license, deputies raise the question of the need to introduce such a punishment as lifelong deprivation of rights.

However, there are also voices against it. Opponents of such a measure point to risks:

Decrease in car sales on the Russian market,
Increase in cases of driving vehicles by persons deprived of rights
Increase in corruption crimes in this area.

In some countries of the world such measures are already being applied, but in Russia this is a very illusory prospect.

Why and how you can lose your rights forever

Currently, the list of offenses for which you can lose your driver’s license is small:

There are no license plates on a moving car or they are located in places not intended for this by the manufacturer under Part 2 of Art. 12.2 Code of Administrative Offenses of the Russian Federation.
Violation of the rules for crossing a railway crossing: driving through a prohibiting traffic light signal or outside the designated areas under Part 1 of Art. 12.10 Code of Administrative Offenses of the Russian Federation.
Repeated passage through a prohibiting traffic light, Part 3, Art. 12.12 Code of Administrative Offenses of the Russian Federation.
Neglect of the rules for transporting children, Part 5, Art. 12.23 Code of Administrative Offenses of the Russian Federation.
Using a machine with illegally installed light or sound signals, Part 4, Art. 12.5 Code of Administrative Offences.
Leaving the scene of a traffic accident, Part 2, Art. 12.27 Code of Administrative Offences.
Driving while intoxicated or drinking alcohol after an accident, Part 1, Art. 12.8, part 3 art. 12.27 Code of Administrative Offences.
Repeated violation of traffic rules, for example, driving at a meeting on a one-way road, part 3.1 of Art. 12.16 Code of Administrative Offences.
Speed limit violation.

This is not a complete list. An exhaustive list contains the Code of Administrative Offenses of the Russian Federation.

If the rule on permanent deprivation of rights is adopted, then the list of offenses proposed by deputies will be very small. You cannot count on a return of rights after:

Repeated driving under the influence of alcohol or other intoxication (3 or more times);
Committing an accident while intoxicated resulting in the death of the victim;
Repeatedly exceeding the speed limit.

Attention! Now the decision on deprivation of rights is made only by the court. Traffic police inspectors have the right only to refer the case to court with the question of the application of such a penalty. If a rule on permanent deprivation of rights is adopted, then it will also be under the jurisdiction of the court.

Lifetime disqualification from practice in 2019

However, the absence of a rule on lifelong deprivation of rights does not mean that it is impossible to part with the certificate for many years or forever. There are several ways in which courts turn drivers into pedestrians for life or for many years:

Recognize the issuance of rights as initially invalid. A striking example of this approach was the case of Mara Baghdasaryan. The reckless driver, who repeatedly violated traffic rules, became a regular hero of crime news. Even after correctional labor, she got behind the wheel, having already been deprived of the right to drive a car. The lawyers were forced to refer to her serious health condition, including epileptic seizures. The court took this argument into account and did not send the reckless driver to jail. But citing the “List of Medical Contraindications for Driving,” he deprived her of her license for life. After all, you cannot drive a car with a diagnosis of epilepsy.
Failure to pay child support leads to deprivation of rights. As a measure to encourage fathers to fulfill their obligations to support their children, it is possible to deprive them of the right to drive a car until the debt is repaid. The grounds for such actions are provided by Article 67.1 of the Law “On Enforcement Proceedings” No. 229.
One punishment after another. Article 32.7 of the Code of Administrative Offenses allows one punishment to begin immediately after another. Thanks to this, if the driver has repeatedly committed offenses that are punishable by deprivation of his license, he may lose his steering wheel, if not forever, then for many years. One term will expire and another will begin immediately. For example, Petrenko was deprived of his license for driving while intoxicated for a period of 2 years.

Ignoring the punishment, he got behind the wheel again while drunk. As a result, another 3 years will be added to the 2 years of punishment. And so, Petrenko became a pedestrian for 5 years. Other punishments can be added to this period.

So, in Russia there is not yet a measure that allows a court decision to directly determine lifelong deprivation of the right to drive a vehicle as a punishment.

However, law enforcement practice in this regard has already developed. Particularly visible offenders may well lose their rights. To do this, it is not at all necessary to be reckless; it is enough not to pay alimony.