Reassignment of rights after deprivation of a driver’s license is a long process and requires some preparation. After all, a citizen will need to again pass the theoretical exam to the traffic police inspector and undergo a medical commission at the clinic. In the event that the driver, deprived of his rights, has arrears of unpaid fines, it must be repaid.
Citizen actions
The decision to deprive a person of a driver’s license is made only by the court. After the meeting was held and the decision was not made in favor of the citizen, he can appeal this document to the authorities of the second instance. For this, the driver has ten days. It should be noted right away that it is only necessary to appeal to a court of second instance if a person has evidence that he has not violated traffic rules. Otherwise, it will be meaningless.
So, if the court still deprived the car driver of a driver’s license, then he must submit his license to the traffic police within three days after the decision comes into force.
Important point
The term for the deprivation of a driver’s license begins to be calculated only from the time when a citizen handed in his license to the traffic police. Therefore, you should not think that the punishment will be counted from the moment the court decision comes into force. In addition, if you do not submit your driver’s license to the traffic police department, then the term of deprivation of rights can last indefinitely.
What you need to return
Perhaps this is one of the most important issues that worries drivers who are deprived of their license. The retake of rights this year requires serious preparation from citizens. After all, drivers will again have to pass a theoretical exam on the knowledge of the rules of the road.
In order to return their rights after deprivation, a citizen must perform the following actions:
- go through a medical commission at a local clinic and get a driver’s certificate on hand;
- pay off the existing fines (if more than two years have passed since the decision on the violation of the SDA, which was not enforced, was issued, then you won’t have to pay anything because the statute of limitations has expired);
- pass the exam on tickets in the traffic police department and get a map with a mark;
- apply for a driver’s license.
In addition, to obtain rights you need to have a passport or other document with you that temporarily replaces it.
Passing exam
In this case, a mandatory retake of the theoretical SDA course will be required. This procedure applies to all drivers who have lost their license after the beginning of September 2013. At the same time, citizens will not need to demonstrate their practical driving skills to the traffic police inspector. Because passing a practical exam is not provided here.
Interesting information
The transfer to the right for drivers who previously had a driver’s license, but due to a court decision lost it for a certain period of time, is a little different than for those citizens who first pass the exam after studying at a specialized school. Therefore, here you need to know the following:
- it is possible to surrender the rights to the deprived driver in any department of the traffic police, regardless of where his license is located (relevant only to those who have lost their rights for drunkenness or refusal to undergo a medical examination) ;
- You can sign up through the website of public services (now it is available to all citizens with access to the Internet);
- for drivers deprived of their rights, only questions regarding traffic rules will be included in the change of theory; time is limited - 20 minutes for twenty questions (18 of them must be true);
- An exam can be taken an unlimited number of times, but only with an interval of one week after an unsuccessful attempt.
If a person answers all questions correctly during the test, the inspector must give him a card with a mark for the subsequent return of the driver’s document. And even despite the fact that the citizen was deprived of his rights, a retake of the theory will help him to remember the rules of the movement and update his knowledge in this area.
Nuances
The law on the transfer of rights has been amended. In this regard, the Supreme Court in its decision pointed out that drivers who were deprived of a license do not need to go through the medical commission again and present a certificate to the traffic police department. Nevertheless, many inspectors adhere to the old rules and ask for a document confirming the good health of a person who again wants to drive vehicles. However, such requirements of the traffic police will be legal only if the driver is preparing to retake after deprivation of rights for a booze. Here, a medical certificate will be absolutely necessary.
How much time
If you collect all the necessary documents in advance and submit them to the traffic police, then you can meet one day. In the event that the driver was deprived of his rights outside his place of residence, then he needs to send an application to the traffic police department thirty days before the end of the sentence, where his ID is located, asking the staff to forward the document to the latter’s registration area. This process takes up to two weeks. Also, a citizen needs to remember that in case of deprivation of rights, a retake of the theory can be carried out in any department of the traffic police. There you just need to submit an application on time, but it is better to register through the website of public services.
A little about the main thing
Many citizens are wondering what documents to transfer to rights after deprivation should be provided to the traffic police department in order not to delay the process of returning a driver’s license for a long time? If this type of punishment was applied to a person who committed an administrative offense, then, in addition to a medical certificate, payment of fines and writing an application, it will be necessary to transfer a document confirming the delivery of a driver’s license to the traffic police department. As a rule, this should be done by a citizen within three days after the entry into force of the decision.
If a person had an accident and was convicted under article 264 of the Code of Atrocities, then a ban on driving would be an additional form of punishment for him. This means that he will again be able to drive after the end of the last sanction. The citizen will also need to apply to the traffic police, pass the theory and show a medical certificate (if the accident was committed while intoxicated).
Ahead of time
Probably every driver who was deprived of his license for a certain period of time wants to get behind the wheel faster. Therefore, many of the curious citizens are wondering if there is any retake after the deprivation of rights that allows you to return your document for transport management ahead of schedule. This issue in the current legislation is still open. Nevertheless, returning your driver’s license ahead of time fails. This is prohibited by law. This rule applies to all drivers who have been deprived of their rights by court order. Retake the knowledge of the theory of traffic rules also can not be avoided.
What is planned
It is no secret that politicians have developed a bill that allows early return of rights to drivers. However, it is still under discussion and is being amended. It’s worth mentioning right away that the driver’s license, who was subjected to punishment in the form of deprivation of rights by the court for drunk driving, will not be returned ahead of schedule. Retake the exam in this case also can not be avoided.
Nevertheless, according to the bill, only those drivers who have demonstrated their exemplary behavior will be able to return their rights back before the expiration of the prescribed term of punishment: they paid all the fines, made amends, and violated traffic rules more.
What you can count on
In the event that a person has lost his driver's license, he will not be able to avoid passing the exam to verify the theoretical knowledge of traffic rules. Currently, the current standards apply to all citizens who have lost their certificate in connection with a court decision. Only those drivers who have been subjected to administrative penalties for drunken driving will have to go through a medical commission again to regain their rights. Otherwise, without an official document on the state of health from the clinic, the latter will not even be able to count on receiving applications and documents from the traffic police.
Therefore, for a person who, due to his drunkenness at the wheel, has lost his driver’s license, the retake of the theory cannot be avoided. In addition, to return the certificate, he will need to visit the nearest clinic.
Training
Despite all the changes in the law, a citizen who has lost his driver's license for a certain period of time must undergo a re-transfer of rights after deprivation. In 2017, it will only be necessary to answer questions regarding theoretical knowledge of traffic rules. Passing the practical part of the exam, which includes driving on a race track and in the city, is not provided for by law in this case.
Therefore, a driver who was previously deprived of the right to drive a transport needs to be very well prepared for testing of 20 questions on a computer. It is also worth noting that taking cribs and notebooks with notes for the exam is prohibited. If the inspector sees the intruder, he will remove him from the audience.
Despite the fact that it is unpleasant for the driver to realize that he was punished by deprivation of rights, he still can’t avoid the transfer of traffic rules, because this rule is enshrined in law and applies to all citizens without exception.
If a person is still right
In practice, various situations occur. Sometimes it happens that the traffic police make a protocol on an administrative offense illegally and unreasonably. In this case, without the help of a good lawyer just can not do. Otherwise, you can lose your driver’s license even for three years. In the court session, it is necessary to provide irrefutable evidence that there was no offense, as well as support your words with testimony. If the driver nevertheless succeeds in proving the innocence of an administrative offense in court, he will retain his license to drive vehicles.
What you should not do
Many citizens try to return their driver’s documents in not entirely legal ways. In this case, this happens through acquaintances or other contacts in the police. So, if a citizen who is prohibited by the court’s decision to drive vehicles for a certain period of time decides to return his rights by transferring a certain amount of money to the traffic police officer, then this will be considered a criminal act, for which an inspector and a driver deprived of his rights will be held liable.
Important point
You need to take your certificate from the traffic police within three years after the sentence expires. Otherwise, the document will be considered invalid. If a citizen takes away his rights within a year or two years after the expiration of the punishment period, then no fines will be imposed on him.
Differences
According to the law, citizens who first pass the exam for a driver's license of a certain category must fulfill several conditions:
- study at a driving school and receive a supporting document;
- pass the theory in the traffic police department, as well as pass the practical part of the exam, which includes the performance of certain tasks at the circuit, as well as driving around the city with an inspector and instructor.
In fact, everything is not so difficult if you are well prepared and learn how to manage transport. But these rules apply only to those persons who do not yet have a driver's license and will pass such an exam for the first time. For citizens deprived of a court license for transport management, the legislation provides for slightly different conditions for re-transfer in the traffic police department. These people do not need to pass the practical part of the exam, which includes driving around the city and performing elements on the race track, but only need to answer questions on knowledge of traffic rules. Such testing is carried out on a computer in the presence of an inspector for twenty minutes. If a driver who is deprived of his rights does not pass the exam the first time, then he will be able to come again only after one week.
Thus, the legislation establishes such rules so that citizens who have lost documents on transport management for a certain period of time can once again test their knowledge of the theory of traffic rules and in the future try to ride without any violations. Indeed, the health and life of passengers and pedestrian participants in the movement will depend on this.
What is it for
Almost every driver who was deprived of the right to drive transport, after contacting the traffic police with documents, was indignant that in order to return his lost license, he had to pass the theory again, knowing the rules of the road. Under the current law, it is simply necessary to do this, otherwise a person will not be able to return his document back.
After all, first of all, the driver himself needs to pass a second exam on knowledge of the theory of traffic rules in order to test his knowledge and no longer allow such violations on the road.
Not primary, but additional
Unfortunately, it happens that the deprivation of rights to drive a transport can become not only an administrative violation, but even a part of a criminal case. The Code of Atrocities punishes those drivers who have killed or seriously injured people. The deprivation of rights to drive transport in this case will be only an additional sanction.
After the driver finishes serving the main sentence (for example, in the form of isolation from society), the term of deprivation of rights will begin to expire, and only after it will the citizen be able to come to the traffic police, write a statement, attach documents and submit the theory, and then return his rights.
Questions
The second surrender of the theory now applies to all drivers who have been stripped of their rights to drive vehicles. Nevertheless, it is worth preparing for this exam quite seriously. It should be noted right away that in testing for drivers who want to regain their license, there will only be questions regarding traffic rules on the road. This does not include testing the knowledge of the Code of Administrative Offenses, as well as providing medical assistance to the victim. A certain time is allotted for the test - 20 minutes. You must correctly answer at least eighteen questions, but it’s better for everything. If the test fails the first time, then it will be possible to come to the traffic police in a week or later. The law does not limit the driver who is deprived of the number of attempts to pass the exam to return the lost certificate.
Total
In order not to make unnecessary efforts to return your driver’s license, you do not need to break the rules of the road. Moreover, a citizen who drinks alcohol should not drive a car or other vehicle at all. Indeed, the life of passengers and pedestrian participants in the movement depends on his vigilance and compliance with the law.
But if it so happened and the driver, through his own fault, lost the right to drive transport, then you should not get upset and fall into despair. After all, the latter will have time in order to better study traffic rules and think about their past mistakes, as well as feel like a pedestrian.
The process of returning rights in itself is simple, but it takes time and patience from a person, because not everything can work out the first time. Nevertheless, it is better not to break the rules, which will help to avoid unpleasant consequences.