Lifetime deprivation of rights (driver's license)

Deprivation of rights is painful for any driver, but in some cases this is the only method that can protect traffic from malicious traffic violators. And the terrifying statistics of accidents and deaths on the roads can objectively lead to the fact that the State Duma will soon issue a tough bill on new terms for the deprivation of a driverā€™s license. In this article, we will figure out why they deprive the driverā€™s license in 2017, who makes a fateful decision, whether there is a life deprivation of rights, what threatens to ride without this document.

Deprivation of driver's licenses in 2017

We will analyze for which violation motorists lose their rights most often:

  • Driving while intoxicated, putting his vehicle into operation by a drunk person, refusal to undergo medical examination for blood alcohol content.
  • Speeding on a certain section of the path.
  • Causing damage as a result of an accident not only to motor vehicles, but also to people.
  • Leaving the scene of the accident without giving permission to the state traffic inspector or without drawing up a protocol.
  • Fake state license plate number.
  • Use of prohibited lighting equipment.
  • Violation of traffic rules at railway intersections.
  • Violations of the rules for the transport of large goods.
  • Departure to the "oncoming".
  • The intersection of double continuous marking.
  • The completion of the overtaking maneuver through a continuous one.
  • Overtaking vehicles in areas with the sign "Overtaking is prohibited."
  • Vehicle operation without having a driverā€™s license.
  • Directions "under the brick."
  • Malicious failure to pay fines.
  • Violation of the rules of operation of the car.

life deprivation

Deprivation of rights for life is a rather harsh punishment against the backdrop of the deadlines in force today. Let us turn to them.

Periods of deprivation of rights

Let us consider in the table the most common periods of deprivation of a driverā€™s license.

ViolationTerm, years
Driving while intoxicated, psychotropic and otherwise intoxicated1,5-2
Leaving the scene of an accident1-1.5
Refusal of medical examination1,5-2
The culprit of the accident, the victims of which received moderate damage1,5-2
The culprit of an accident whose victims sustained minor injuries1-1.5
Violation of regulations for transporting minors at night4-6 months
Transport of dangerous goods without permission4-6 months
Violation of regulations for the transport of large goods2-6 months
Failure to provide an advantage in movement to a vehicle that has a legal right1-3 months
Departure to the "oncoming"4-6 months
Re-departure to the ā€œoncoming", tram tracks1
Violation of norms of crossing railway tracks3-6 months
Repeated violation of traffic regulations at railway intersections1
Re-start at a prohibition traffic light4-6 months
Speeding at 60-80 km / h4-6 months
Speeding more than 80 km / h

6 months

Overspeeding Relapse1
Transfer of the right to operate a car to a drunk citizen1,5-2
Control of vehicles with printed characters that are authorized to be used only for auto-operational services1-1.5
Driving a car with unauthorized devices transmitting color / light signals1-2
Driving a vehicle with light / reflective red elements on the front panel6 months - 1 year
Driving an unregistered car1-3 months
Driving a car with fake numbers6 months - 1 year
Driving a car without license plates1-3 months

The time period of punishment is increased if the driver simultaneously violated several prohibiting rules at once - the final period of deprivation will be the sum of the terms that they imply. However, in this case, the penalty is far from life deprivation of the right to drive a vehicle.

Project for lifelong revocation of driver's license

Now we turn directly to the essence of the matter. Laws on life deprivation of a driverā€™s license so far exist at the project level. Disputes and discussions on this topic were started back in 2009, but due to the fact that both the public and government officials could not come to a consensus, no decisive steps were taken. Opponents of the bills argued that such a severe punishment could lead to an inevitable increase in corruption in state traffic inspections and convince many car owners to voluntarily abandon the use of vehicles.

life license

Among the most actively supported reasons for so much severe punishment were:

  • repeated violation of the speed limit;
  • deprivation of rights for life after the third deprivation of a document for driving while intoxicated.

We repeat that none of the proposed documents has been adopted and there are no acts to completely deprive the driver of a license. However, such a practice does exist.

Is deprivation of rights for life in 2017 real?

You can find the full list of offenses leading to the deprivation of a driverā€™s license in Sec. 12 Administrative Code of the Russian Federation. Article 32.7 of this chapter states that it is possible to extend the punishment for the car owner for an indefinite period. It is it that today is used as an alternative to life deprivation of driving licenses, which carries an increased danger for other road users. According to Art. 32.7 ch. 12 CAOs of a driver may be deprived of their license for 50 or 100 years, which, in essence, corresponds to a life sentence.

lifelong driving license

It is also necessary to remember that a number of medical contraindications that may be identified by the car owner will be the reason for his lifelong deprivation of a driverā€™s license.

Loud case of life imprisonment

In March 2017, many news channels talked about the incident - the deprivation of rights for life to Mary Baghdasaryan, the scandalous Moscow street racer. A number of factors spoke out against the lover of street racing: she was repeatedly detained by employees of the State traffic inspectorate, she maliciously did not pay off the fines written to her and ignored the fulfillment of her mandatory work. To get rid of the latter, Baghdasaryan used a fake sick leave.

life deprivation of the right to drive a vehicle

By the way, the reason for the deprivation of the rights of a street racer was precisely the same medical contraindications - the girl has an invalid driver's license because she suffers from epilepsy. The prosecutor's office used the fact that Maru Baghdasaryan was hospitalized after a seizure.

Who makes the determining decision

As in the case of M. Baghdasaryan, only a court can issue a verdict on deprivation of rights for life (in the case of the introduction of such a bill) or for a certain time from 2014. The procedure follows the standard scheme:

  1. At the place where the violation of traffic rules was recorded, the traffic inspector draws up a detailed protocol, which prescribes all aspects of the crime. This employee is not authorized to retrieve the certificate.
  2. At the next stage, the offense is considered by the local commission at the traffic police.
  3. If the commission has not identified milder alternatives to depriving the driver of a document, then a case is drawn up that is referred to the justice of the peace.
  4. After the act of transferring the case, the car owner has 10 days to appeal the decision.
  5. Within 3 days after the judgeā€™s decision, the driver must submit the certificate for storage to the traffic police examination department. It is from the moment of delivery that the period will be counted down, during which the car owner is not authorized to manage his vehicle.

life imprisonment for drunk driving

Where to find out about the loss of identity

New laws on life deprivation of water. the rights have not yet entered into force, which means that fixing the invalidity of this document is carried out according to the previous scheme:

  1. After the court issued a verdict on the deprivation of a driverā€™s license, all the necessary data is transmitted to the traffic police.
  2. Traffic police make the necessary notes about the owner of the document in the database, which any inspector has access to.
  3. In addition, information about the owner of these rights is updated on the official website of the State traffic inspectorate, where it is in the public domain - any interested citizen can get acquainted with it.

Management of the vehicle without rights

One of the reasons why they did not introduce a life deprivation of licenses for drunk driving, etc., is the risk that desperate drivers will start operating their vehicle without this document. Today such a step is very severely punished:

  • CAO, Art. 12.7, part 2: driving a car by a citizen deprived of a driverā€™s license is punishable for the latter with a fine of 30 thousand rubles / arrest for 15 days / compulsory work lasting 100-200 hours. The car is placed at the same time in the parking lot.
  • CAO, Art. December 27, part 1: if the owner of another vehicle has handed over his car to a driver who is deprived of the relevant license, the latter will face a fine of 30 thousand rubles.
  • Federal Law No. 210, Code of Administrative Offenses, Art. 3.8, part 2: the sentence to date cannot be less than 1 month. and more than 3 years.

deprivation of rights for life after the third deprivation

Is it possible to get rights back early

Drivers remember the bill being discussed in 2015, according to which it was possible, subject to a number of conditions, to receive the coveted document earlier than the day set by the court. In the "flight" were only those who lost their rights because of driving while intoxicated or refused a medical examination. Alas, the project so expected by car owners was not accepted, and in 2017 all drivers will have to wait for the end of the entire awarded term.

new laws on life deprivation of water rights

Summing up, we note that in Russia there are currently no acts that would allow depriving a car owner of a driverā€™s license for life. The maximum term is three years. However, the court sometimes uses Art. 32.7 ch. 12 of the Code of Administrative Offenses, according to which it is possible to deprive a citizen of a certificate for an indefinite period, which in duration will be practically equivalent to life. The practice of absolute deprivation of rights on medical grounds is also applied.

Source: https://habr.com/ru/post/E26949/


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