From what moment is a driver considered deprived of his license?

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:

How is the period of deprivation of a driver's license calculated: when does it begin and when does it end?

Drivers need to keep a lot of traffic rules in mind. Violation of some of them may result in loss of the right to drive a vehicle.

Punishment can be imposed for a variety of traffic violations that can cause traffic accidents, the consequences of which for the participants can be very serious. You can learn more about what violations and for how long you can lose your driver’s license from the article below.

What violations can lead to deprivation of authority to drive a vehicle?

The right to drive vehicles can be revoked for the following reasons:

For a period of 1 to 3 months:

The driver of a car without license plates or with plates installed in the wrong place, hidden or damaged (Article 12.2 of the Administrative Code, Part 2).
The motorist did not give priority to special vehicles with sound and light signals (Article 12.7 of the Administrative Code, Part 2).
Driving a vehicle without registration, again (Article 12.1 of the Administrative Code, Part 1.1).
Deprivation of driving license for a period of 3 to 6 months is possible in case of violations committed by the driver while driving through a railway crossing (Article 12.10, Part 1).

Imprisonment for 4 months, six months:

Driving at a speed exceeding the permitted speed by 60-80 km/h (Article 12.9 of the Administrative Code, part 4, part 5).
Entering the part of the road reserved for vehicles passing from the opposite direction (Article 12.5 of the Administrative Code, Part 4).
Driving in the opposite direction on a road on which one-way traffic is established (Article 12.16 of the Administrative Code, Part 3).
Ignoring traffic lights or traffic controller signals prohibiting passage, committed repeatedly (Article 12.12 of the Administrative Code, Part 3).

A ban on driving a vehicle for six months for driving at a speed exceeding the permitted speed by 80 km/h (Article 12.9 of the Administrative Code, Part 5).

Why will the certificate be taken away for six months to a year:

Attempting to drive a car with false license plates (Article 12.2 of the Administrative Code, Part 4).
Driving with improperly functioning lighting devices (Article 12.5 of the Administrative Code, Part 3).
You may lose your right to drive a vehicle for a year if you repeatedly commit violations - driving in the oncoming lane, crossing a railroad crossing, speeding, or driving under a brick.

Ban on driving a vehicle for 12-18 months:

Driving a vehicle with illegally installed light and sound signals, color schemes (Article 12.5 of the Code of Administrative Offences, part 4, part 6).
Refusal to test for intoxication (Article 12.26 of the Administrative Code, Part 2).
The driver left the scene of an accident (Article 12.27 of the Code of Administrative Offences, part 2), causing minor harm to health (Article 12.24 of the Code, part 1).

For which they can be deprived of the ability to drive for 18-24 months:

The use of certain devices to provide light and sound signals, for which there is no permission (Article 12.5 of the Administrative Code, Part 2).
Driving on roads while drunk, the owner of the car allowed a drunk driver to get behind the wheel (Article 12.8 of the Code of Administrative Offences, part 1, part 2).
Road accident causing moderate harm to health (Article 12.24 of the Administrative Code, Part 2).

Revocation of driver's license for 3 years - when driving drunk again or when transferring control of the car to a person in such a state, the owner is subject to liability under Art. 264.1 of the Criminal Code.

What does “made a decision” mean?

After drawing up a protocol on the offense, it is transferred to the traffic police, and then to the court, where it is considered with the aim of assigning punishment to the offender or acquitting him.

If the court makes a decision to deprive the offender of the right to drive a vehicle (vehicle), this means that after this act has entered into legal force, the person will not be allowed to drive for the period established by the court. Until the decision comes into effect, the violator has the right to appeal the court decision.

What does “the counting has begun” mean and what moment is considered the beginning?

Court decisions can be appealed within 10 days by appealing to a higher authority. If no action was taken by the perpetrator of the offense, it will enter into legal force, which means that from that time on the period of deprivation of the driver's license begins. After the decision comes into force, the motorist must submit his license to the traffic police at his place of registration within three days.

The driver turns into a pedestrian for the entire duration of the punishment. When submitting the certificate, he fills out an application, which must be signed by the employee receiving the documents. The application will remain with the owner of the document transferred for storage.

In case of loss of the certificate, the owner must notify the traffic police of the loss no later than three days from the date of entry into force of the decision (Administrative Code of the Russian Federation, Article 32.7).

Article 32.7 of the Code of Administrative Offenses of the Russian Federation. Calculation of the period of deprivation of special rights

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.
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 , and in case of loss of these documents, report this to the specified authority within the same period.
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 course of the interrupted period of deprivation of a special right continues 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. More information about what to do in a situation where the calculation of the period of deprivation of the right to drive a vehicle is interrupted, and what this means, can be found here.
The period of deprivation of a special right in the event of an administrative penalty in the form of deprivation of the same special right being imposed on a person deprived of a special right begins on the day following the day of expiration of the term of the administrative penalty applied earlier.

If the offender has not surrendered his driver's license, is the countdown still ongoing?

If the driver misleads the inspectors and uses a document that has become invalid when communicating with traffic police officers, this is considered an evasion of the driver’s duties. The period of punishment in this case will begin after the traffic police officers have seized or received a statement about the loss of the document.

Cases when a temporary document was issued instead of a seized document

Not all motorists understand whether it is worth submitting a temporary license. But it should be understood that this document is equivalent to the present one . Its validity period ends from the moment the court decision enters into legal force. It does not give any right to drive a car, and its presentation will be regarded as driving without a license - as is the case with an invalid license.

In the Administrative Code, Art. 32.7, there was a clear indication that the violator is obliged to take the driving test.

If the motorist has a temporary license and at the time of deprivation, that is, on the date when the court decision came into force, they are valid, the period of deprivation will be determined to begin only from the moment they cease to be valid. But driving with such documents is still prohibited.

Nobody obliges you to hand over a temporary certificate; this is not provided for by law. But for your own convenience, it is better to do the same as with the original document - take it to the traffic police department.

What are the minimum and maximum punishment limits?

The deadlines are determined by Art. 3.8 of the Administrative Code as follows. The minimum sentence of this kind will be a month. As for the maximum, more than three years is not imposed, but it should be borne in mind that such a period is valid only in relation to one offense.

But some motorists manage to commit several acts for which the liability is deprivation of their rights. In this case, the terms are summed up.

How to calculate the document return date?

To correctly determine the date of return of the right to drive a vehicle, you can familiarize yourself with the following example.

Find out the date from which the driving ban began. Example: when drawing up a protocol on a violation on October 1 and issuing a decision on October 20, if the driver did not challenge the court decision within the prescribed period, we add 10 days provided for this procedure, and we get October 30.

That date will be the beginning of the term. If the driver tried to challenge the decision, but was unable to, the date when this happened should be considered the beginning of the period.

The period for which the court prohibited driving is added to the calculated date. You can drive the next day after your punishment ends.

More information about how to find out whether the sentence has passed and when you can get a driver's license after deprivation can be found in this material.

Is it possible to reduce it?

The terms of deprivation of a driver's license can be replaced if the offender has achieved a review of the case of the offense. In this case, the measure of liability may be changed, the previous court decision becomes invalid, and the rights are returned to the owner.

To do this, it makes sense to contact a legal organization . If the lawyer determines that there is an opportunity to reconsider the case, they submit documents with data on the offense committed to higher authorities and pay the imposed fines, if any. After considering all the circumstances of the case, a new court hearing is held.

If, as a result of judicial proceedings, the right to drive the vehicle is returned to the owner, there will be no need to retake the exam, as in other cases.

Conclusion

The Government of the Russian Federation is constantly fighting against drivers who are not conscientious when driving on roads.

By violating the rules, motorists create a threat to their own life and health, and to the life and health of other road users. Deprivation of a driver's license is applied to citizens who commit particularly serious violations.

If you find an error, please select a piece of text and press Ctrl+Enter .

Everything about the period of deprivation of a driver's license: from what moment is it calculated, when does it end and how to calculate online?

All drivers know: to avoid trouble when driving a car, you must follow the rules of the road. But the situation on the road is influenced by many nuances and often, due to circumstances or voluntarily, traffic rules are violated by the driver. The most severe punishment for this is deprivation of your driver's license.

Let’s look at the maximum amount of driving license deprivation, at what point the period for deprivation of a license begins to be calculated, and when you can get the document back.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

What is the maximum time for which a license can be revoked?

For what is the longest period of time that a driver can be prohibited from driving?

It seems that everything is clear and the longest period is three years of life without a license.

However, not everything is so simple, since there is a clause that if the withdrawal of the certificate was issued for several violations, then in this case the deadlines that were established for each violation are summed up. And the period of deprivation of a driver's license can reach more than three years .

The period of punishment for a new offense begins to count only after the punishment for the previous offense has been completed. There are no restrictions on the number of possible overlapping deadlines.

The decision to confiscate a citizen’s driver’s license is made only by a judge in administrative proceedings. The traffic police inspector only draws up a protocol.

The judge sets the date and time when the case will be heard (how to behave and what to do if you are facing a trial for deprivation of a driver's license, read here). The case must be considered with the participation of the violator against whom it was opened. However, if the offender received notice of the time of consideration of the case of an administrative offense and did not appear in court without a sufficiently valid excuse, then in this case the court will hear the case and render a verdict without the participation of the driver.

At what point after the trial does the punishment begin?

A court decision on deprivation of rights comes into force ten days from the date of its issuance. This time period is given for the possibility of appealing the verdict. If an appeal was not filed or was filed but was rejected, then the decision of the resolution comes into force. Within three days, the driver must, on his own initiative, hand over his license to the traffic police department (we tell you in this article where exactly the license is handed over after revocation and how the procedure takes place).

The period of deprivation of rights begins to apply from the moment the driver surrenders his license . If for any reason the violator did not do this, the imposed period of withdrawal of rights will not begin to take effect, although the effect of the resolution will not be cancelled.

If the driver of the vehicle is detained after the entry into force of this resolution, he will be subject to an additional fine of 30,000 rubles or administrative arrest for a period of 15 days, or from 100 to 200 hours of compulsory work (what punishment is provided for driving after deprivation VU, you will find out in our article).

How is the period calculated and when does it end?

If the decree on deprivation of rights has entered into legal force, then the question immediately arises: “When can you get your rights back?” In order to find out when the time for deprivation of a driver’s license ends, you need to start from the date when the court decision came into force (how you can find out information about the court decision on deprivation of a driver’s license on the Internet, read here).

You will have to do the calculation yourself. It’s easy to calculate the period of deprivation of a driver’s license yourself :

For example, the resolution was issued on 03/01/2018 + 10 days (for the possibility of appeal), that is, on March 10, the document came into force + 1 month of deprivation of rights = April 10, the period ended, you can get your driver’s license back.

True, this can be done only if the violator submitted the certificate to the traffic police in a timely manner, that is, within three working days from the date the ban came into force. Otherwise, the punishment will begin from the date when the rights are handed over to the authorized bodies . Therefore, it is in the driver’s interests to follow the law and submit the document on time.

How to calculate online?

If, nevertheless, the deprivation of rights occurred, the resolution came into force and the rights were confiscated, then how can you find out exactly when you can get your driving license back if manual calculations are not obtained? You can check the period of deprivation of the license, its expiration time and the article of the offense on the official website of the traffic police online.

On the page that appears, you must fill out a form indicating the number and series of the certificate, as well as the date of issue.

A window will appear with the results of the check, where the period of deprivation of rights, calculated in months, will be indicated. The date of entry into force of the punishment and an article from the Code of Administrative Offenses will also be indicated, by which it will be possible to find out the reason for the punishment.

Does it add up for multiple violations?

If there are several violations: it is possible that the driver managed to violate the traffic rules again before the first decree came into effect or several violations were committed in a short period of time. How is the period calculated then and is it possible to add up the terms for the withdrawal of a driver’s license? According to paragraph 3 of Art. 32.7 of the Code of Administrative Offenses , the court-appointed periods for confiscation of a driver's license for several offenses are summed up .

The resolution has no statute of limitations. As soon as the punishment for the first violation ends, the punishment time for the new violation immediately begins to count down. That is, for example, if there were three violations: one with confiscation for two years, the second for three years, and the third for one month, then the rights, accordingly, will be confiscated for five years and one month.

Is it possible to reduce it?

What to do if the driver does not agree with the verdict given to him? Is it possible to reduce the time of punishment? The legislation only provides the opportunity to appeal a decision within ten days from the date of its adoption. There is no other way to reduce the punishment, just like picking up the certificate before the due time. The expiration date for deprivation of rights cannot be postponed, changed or reduced.

In this regard, the law is very strict and the punishment will have to be fully implemented.

Below is a video about whether it is possible to reduce the period of deprivation of a driver’s license:

Request for reduction of duration

Of course, it is difficult to accept a court decision such as deprivation of rights . Especially if the car is an integral part of everyday life, since in this case you will have to rebuild your entire daily rhythm.

Look for other options to get to work, take children to school, go fishing, for example. Accordingly, the question arises about the possibility of requesting a reduction in the time of punishment. The only thing that can be done legally is to appeal the decision to prosecute in court.

In this case, there is a possibility that the resolution can be canceled or changed. Here you will need to be patient, cooperate with a good lawyer and have courage, since judicial red tape often drags on and gets postponed .

Nowadays, it is difficult to imagine a comfortable life without a car, as well as without mobile communications. In order not to have to calculate the end of the period of deprivation of a driver’s license, it is better not to lose it at all.

Calculation period for deprivation of a driver's license

The law provides for various types of influence on traffic violators. For this purpose, the Criminal Code and the Code of Administrative Offenses contain many provisions that threaten deprivation of rights for a certain period. Let’s look at when the period of deprivation of a driver’s license begins to expire, and whether it is possible to influence the reduction of the period of validity of such a sanction.

Terms of revocation of a driver's license

The calculation of the period of deprivation of rights is associated with the issuance of an act of the authorized body and its entry into legal force. According to the norms of the Code of Administrative Offenses of the Russian Federation, deprivation of the right to drive is carried out on the basis of decisions of magistrates' courts. In some cases, the court is given the right to choose between alternative types of punishment (for example, arrest, fine or deprivation of rights).

The specific amounts of sanctions specified in the articles of the Code of Administrative Offenses of the Russian Federation are calculated in months and years. Most administrative offenses provide for a limit of possible penalties, i.e. minimum and maximum limit . For example, under Part 4 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation, for violating the speed limit, a driver faces from four to six months without a license. The assignment of a specific sentence is within the competence of the court and depends on the circumstances of the case and the nature of the violation identified.

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

To establish the exact date when you can apply for reinstatement of the license form, you need to correctly determine the beginning of the period of deprivation of your driver’s license. This is not always easy to do, since the start of the period can vary significantly depending on the situation:

the court ruling is sent to the violator, who can file a complaint with the appellate authority within ten days;
during the period of appeal, the imposed sanction does not come into force, since this will happen only after the ruling is made in the appellate court;
If a complaint is not filed within ten days after receiving a copy of the judicial act, the sentence will begin to run on the eleventh day after the announcement of the verdict.

Thus, the violator can decide for himself whether it makes sense to file a complaint in order to influence the period for restoring rights. If an appeal has no prospects, it will only prolong the overall sanction period. In any case, it is better to make such a decision after consulting with a lawyer or attorney.

When does the period of deprivation of rights expire?

When does the period of revocation of a driver's license end? The calculation period provides for the start and end date of the specified sanction. To determine the date when the right to apply to the traffic police to return the certificate form arises, you need to take into account the following rules:

from the first day of entry into force of the judicial act, the violator has the obligation to submit a driver’s license form to the traffic police ( five days are given for this );
if the driver met the five-day deadline and voluntarily surrendered his license, the calculation of the penalty period will begin according to the general rules from the date the court decision comes into force;
If the form is not voluntarily submitted within the prescribed period, the course of the sentence is interrupted for the entire period of violation of this obligation.

When does the period of deprivation of rights expire? It can be determined that the period of deprivation of rights has expired based on the size of the sanction imposed by the court (for example, six months). As soon as the specified period of time has expired, the next day the car owner will be able to contact the traffic police department to return the license form.

It should be taken into account that for certain types of violations, in order to obtain a license, you must retake the theoretical part of the exam on knowledge of traffic rules. Only if there is an examination card with a mark on successful completion of the test, the certificate will be returned to the citizen.

Calculation of the period for deprivation of the right to drive a vehicle was interrupted

How is the period of deprivation of a driver's license calculated if its course is interrupted? The calculation of the period of deprivation of the right to drive a vehicle can be interrupted on two grounds:

the violator submits a complaint to the appellate authority;
failure to timely fulfill the obligation to submit the certificate form to the traffic police.

In the first case, the period of deprivation will begin immediately after the completion of the appeal procedure. The effective date will correspond to the moment of proclamation of the court's appeal ruling.

In the second case, the period is counted from the moment the form is directly submitted to the traffic police, or when it is forcibly confiscated during the process of checking documents. Since the fact of voluntary surrender of the certificate or its forced withdrawal is certified by the relevant act, it is in this document that the date of continuation of the period after suspension will be indicated.

If you have any questions related to calculating the terms of deprivation of rights under administrative charges, take advantage of a free consultation with our lawyers. You will receive explanations with links to the law, provisions of judicial practice. Call the numbers listed on the website, or fill out the feedback form.