If deprived of rights, what to do? For many city dwellers, driving their own cars has long been no longer a tribute to fashion, but has become an indispensable tool to simplify their existence.
Of course, with a car, the existence of a modern citizen is greatly simplified. In the absence of own transport it is difficult to keep up with business in the circumstances of an energetic rhythm of life. This is especially true for those living in big cities. For most car owners, losing their own car, even for a short period, is a real disaster. On the roadway, not a single driver is safe from all sorts of problems. This list includes numerous violations of the rules, entailing not only the imposition of fines, but also the opportunity to lose a driver’s license. And if deprived of rights, what to do?
Driving license
Deprivation of a driver’s license is a measure of the impact on drivers who have committed particularly dangerous traffic violations. For the bulk of drivers, this means a change in the usual, convenient rhythm of existence, and for certain individuals, a loss of work.
At the moment, there are a number of traffic rules, in violation of which, drivers may be deprived of their rights. The most popular of them are drunkenness when driving a car, crossing a continuous strip. In Russia there are more than 10 traffic rules, in case of non-compliance with which the driver’s license is taken from the offender and his ability to drive the vehicle is limited for a certain time. If deprived of rights, what to do? First of all, you should understand the basic concepts.
Correct interpretation of the offense
It is worth noting that this offense is interpreted differently and not always true. Numerous drivers understand completely different things by forfeiting.
Most believe that they were deprived of a driver’s license (which is not always legal) to drive a car directly when drawing up an offense report. But it is correct in the present case to follow the concepts enshrined in the law.
And, in fact, the KoAPRF determines that the beginning of the term of deprivation of special. The right comes only from the moment the relevant sentence decree comes into legal force. Special decisions on this category of violations are usually made by a judicial authority.
So, can they take away the rights on the road? Not. Only a court can deprive a driver’s license. Earlier, the rights of drivers were seized at the scene of the offense by the traffic police, and in return they were given temporary permits. However, since September 2013, traffic police officers have not seized the driver’s documents in case of violation. Therefore, the issuance of a temporary certificate is not made. Drivers are personally required to hand over certificates after a court decision in a timely manner.
For what time and for what is they deprived of a driver's license?
In Russia, there are clear and specific traffic rules that should not be violated, because for this you can lose the right to drive a car for a period of 1 month to 3 years.
So, we will analyze everything you need to know.
Deprivation of the right to drive a motor vehicle:
1. For a period of 1-3 months: - failure to provide the road to a car with specials included. signals; - re-driving unregistered vehicles; - driving by car with incorrect setting of numbers and their absence. 2. For a period of 3-6 months: - incorrect moving railway tracks. 3. For 6 months, you can lose your license for: - speeding at any place by more than 80 km / h. 4. From a 6-month period to a year: - driving with improper light devices; - driving a car with incorrect or non-existent license numbers. 5. For a period of 1 year: - re-exit on the road with oncoming traffic or tram tracks; - repeated violation of the rules of passage of railways; - repeated and long traffic in the oncoming lane; - Repeated speeding at any place by 60-80 km / h. 6. For a period of 1-1.5 years: - driving a machine with illegally installed specials. signals; - departure from the scene of an accident; - refusal of a medical examination for intoxication; - use after an accident of alcoholic or narcotic substances; - driving a car with colorographic schemes of special services vehicles; - causing light damage in road accidents. 7. For a period of 1.5-2 years: - use of special. signals; - driving while intoxicated; - causing moderate severity of harm to other persons in an accident; - transfer of the right to drive a car to a person who was intoxicated. 8. For a period of 3 years: - re-driving while intoxicated.
When is the term for deprivation of rights?
The calculation of the term begins 10 days after the relevant court decision comes into force. This period is allotted for the possibility of challenging this conclusion. If the court stripped of rights, what should I do? First of all, deal with the deadlines! If you are guided by the current legislation, then the entry into force (10 days) occurs from the moment you receive the appropriate copy of the decision by the driver in his arms. The document can be presented to you immediately after the process or they can be assigned the time of its receipt (or elementary sending by mail is possible). Nevertheless, the calculation of the term begins for appeals precisely from the date fixed in the receipt upon receipt of a copy of the decision or in the mail notice. The return of rights after deprivation, respectively, is possible after the expiration of the sentence.
When the deadline calculation starts a little later
In practice, there are cases when this period has the opportunity to start a little later than the traditional 10-day period:
1. In the event that a court decision is challenged by a higher authority, the term will begin to be calculated upon entry into force of the conclusion of the last court. It is worth noting that, as long as the decision has no legal force, the driver does not give consent, that is, up to this point, it is allowed to drive a car using the rights that remain on hand.
2. If a driver’s license is not submitted by the driver within the allotted period (3 days), the period will not be counted. The fact is that if the driver’s license has not been withdrawn, he is obliged to submit it to the traffic police within 3 days from the day the court decision comes into force, and in case of loss, notify the authority within the same period. Because the calculation of the term of deprivation begins only from the day of delivery or withdrawal of the driver’s certificate and temporary permit or from the day the driver submits an application for the loss of this document.
Obtaining rights at the end of the term
In 2013, the relevant changes were made to the basic rules when returning this document, and it is already a little more difficult to take back rights after deprivation. The latter order has become much more demanding. From now on, before starting to compile the necessary documents, all “deprived” will have a knowledge test (passing an exam) on the theoretical part of the SDA in the traffic police, and without this, it becomes impossible to take back rights after deprivation. Passing is allowed an unlimited number of attempts, every 7 days. The most interesting thing is that until the result is obtained, almost no other actions can be performed. Only upon successful surrender (subject to other requirements) is it possible to resolve the issue of how to pick up a driver’s license. Also, the test is allowed 15 days before the deadline. And from the number of questions excluded regarding the provision of emergency care and psychology.
Where to pick up rights after deprivation? On the date determined for obtaining the rights (and its drivers must calculate it personally), it is necessary to come to the car inspection authority at the place of residence and, having presented the necessary documents, to freely obtain the rights.
You may be asked questions about unpaid fines, but subject to all formalities, unpaid fines you have not previously considered are not a prerequisite for refusing extradition. Upon the fact of the presented documents, the driver must provide from the archive a certificate on the day of the request. The return of rights after deprivation is a completely understandable procedure.
It should also be borne in mind that if you have lost the right to drive because of a drunk drive, you must go through a medical commission and you will not see your rights until you submit a medical certificate to the traffic police. It is very easy and fast to lose rights, but returning them is not so simple: you will have to pass a theoretical exam again. What else do you need to pick up the rights?
What documents are needed
Documents in order to take back rights must not be expired at the time of presentation.
So, you will need to submit the following documents:
- Honey. a certificate that should not be expired in order to receive (change) a driver’s license. Presentation of medical certificates is required only from those violators who are deprived of their rights for drunk driving or under the influence of drugs.
- An identity document of a citizen of the Russian Federation, as a rule, a passport (in some cases, another supporting document).
- The court's decision.
- A document confirming the delivery of a driver’s license to the traffic police.
Calculation of the date of withdrawal of rights
As you know, the calculation of the date of receipt of the withdrawn rights is made by the drivers themselves.
How not to make a mistake? To do this, you must:
1. Take the date of delivery of a copy of the court decision.
2. Add a 10-day period if the decision has not been appealed.
3. Add the term of deprivation. As a result, the date of receipt. For example, a court decision was received on February 20, 2014 with a term of 2 months, which means that the rights were assigned: 02/20/2014 + 10 days = 2.03 + 2 months = 2.05.2014. It will not work ahead of schedule to withdraw rights after deprivation, and it is important to accurately calculate the date.
If the violation occurred in another region
Deprived of a driver's license: what if it happened in another region? Very often such situations arise when the violation was in a completely different region, then the procedure for obtaining rights can last longer. Its duration is due to the fact that the withdrawn rights remain in the traffic police department where the violation is recorded. The owner has only 2 solutions: go directly to another region and pick up his own driver’s license there; contact the nearest traffic police and wait for the mail.
Recommendations
What to do and what actions to take in controversial situations when, perhaps, the actions of the traffic police inspector are not entirely legitimate? How to behave if the traffic police employee confiscates the rights, and there is a clear threat of their deprivation? Almost everything depends on a specific situation, but in any case, it is necessary by all means to try not to bring the case to court.
So, the first actions at the scene:
- Seeking help from professional car lawyers - in the absence of a lawyer's help, the chance of a successful outcome is virtually nil. Only knowledge of all the intricacies of the process and the norms of the law will allow avoiding difficulties in subsequent stages. Professional assistance guarantees a successful outcome of 90%. Try to attract a lawyer at the stage of fixing and paperwork. In case of contact, do not take independent actions and do not sign documents before the arrival of car lawyers.
- Observe discretion. The first rule is not to be rude and not to try to justify your own innocence in elevated tones, because this will not lead to anything and can only aggravate the situation.
- Attentiveness and vigilance. Carefully read the protocol, especially in the place where the alleged offense is indicated to you. What could be indicated? If a violation of Clause 1.3 of the SDA is indicated, you can be calm - this protocol will not "pull" on the deprivation of rights. Clause 1.3 is a general requirement to observe traffic rules. If a certain article is indicated that you did not comply with, and which does provide for the deprivation of a driver’s license, then things are worse.
- Defending one's own innocence. This item is very important and should be implemented directly at the place of preparation of the relevant documents. Fearlessly write in the protocol all the circumstances that provoked the offense. Your lawyer will be able to apply this in court to replace deprivation with fines. It is also possible to indicate your own complaints to the inspector. Take a picture of the territory (at least on a mobile phone) if you believe that the inspector was not able to impartially judge the fact of a violation. Be sure to secure the location of the car traffic police. Take a picture of everything that can help you in court. If possible, involve eyewitnesses (involving relatives is also considered, do not trust the police inspector if he says the opposite). The fact of the shooting and the presence of witnesses must be indicated in the protocol. If you do not perform these necessary actions at the stage of preparing all the documents, then further steps may simply not be required. Only competent recording of all circumstances can serve as convincing evidence of innocence.
- Full control over the process. This situation should be taken seriously. Another subtlety is the control of the so-called statute of limitations for prosecution, after which the decision cannot be made - this is 2 months. and 3 months when a judge decides.
Conclusion
In conclusion, it should be noted the fact that traffic rules change every year, and fines and the time of deprivation of a driver’s license can only grow and increase every year. Before breaking, you need to think many times. It is better to drive carefully and observe traffic rules, because the driver bears full responsibility not only for his own life, but also for the lives of people and pedestrians in the car crossing the road.
More than 100 thousand people die every year in passenger car accidents in Russia. Most accidents occur due to speeding and drunk driving. Any such violation, which resulted in the death of passengers, may become the basis for criminal liability. It should be noted that the legislation on this category of offenses does not provide for an amnesty, and the term will have to be served in full. Be careful and keep proper vigilance while driving. Bon voyage and safety on the road! And if you are still deprived of the right to do what, you now know.
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