Lost your license - what to do and how to restore it in 2021?

What to do if the driver has lost his license. How to restore your ID in 2021

Losing a driver's license is a serious nuisance, since obtaining a new document involves considerable hassle. Experienced drivers remember well how much anxiety this used to cost. Currently, the procedure has been streamlined, so any fears turn out to be greatly exaggerated. It should be remembered that the loss of a driver's license is not equivalent to deprivation of the right to drive a car. A lost document only deprives the driver of the opportunity to demonstrate this right to a traffic police officer. The Code of Administrative Offenses interprets these phenomena differently.

Lost your license - can you drive?

No. According to Article 25 of the Federal Law “On Road Safety”, the right to drive vehicles is confirmed by a driver’s license. And clause 2.1.1 of the traffic rules obliges the driver to hand it over to the traffic police inspector.

Please note that all the information in this article is relevant not only for lost rights, but also for damaged, stolen, destroyed, and the like. In general, you can come to the traffic police and change your registration number for new ones without any reason - at your request.

And here two different concepts in legislation should be clearly distinguished:

the right to control - you have it since the first time you passed the exam,
driver's license - even if you lost it, the right to drive does not cease; Yes, you cannot confirm it with a document, but you cannot lose this right.

What is the penalty for driving after revocation of a license in 2021?

From fines to arrest and forced labor. At the same time, the judge cannot impose two penalties on the driver under Part 2 of Art. 12.7 Code of Administrative Offences. For example, put under arrest and fined. However, there may be a situation when the court issues a fine, and the insurance company “rolls out” recourse to the violator - this is completely legal, since the responsibility is different.

Fine

Driving while deprived of a driver's license is punishable by a fine of 30,000 rubles. Here is an example from judicial practice, where the magistrate court imposed a financial sanction on a car enthusiast from Transbaikalia, and the district court rejected the violator’s complaint.

If the judge chooses this measure of liability, then the driver must pay the entire amount in full. The period for paying the fine is 60 days from the date of entry into force of the court decision, not counting the 10-day period for appeal (Part 1 of Article 32.2 of the Administrative Code).

Failure to comply with the deadline for paying the fine will result in the case being referred to bailiffs. For the driver, this risks doubling the original fine, arrest for up to 15 days, or community service for up to 50 hours.

Arrest

Administrative punishment in the form of arrest for 15 days is an alternative to a fine. A driver caught driving while deprived of his license may be locked up in a special detention center on the territory of the police department.

Usually judges limit themselves to 1-3 days of arrest. But at the same time, pregnant women, disabled people of groups I-II, minors, as well as persons with special ranks cannot be sent to the isolation ward (Part 2 of Article 3.9 of the Code of Administrative Offenses of the Russian Federation). Such violators most often face a fine in 2021.

An example from judicial practice in the Novgorod region. The driver was caught driving a car, although he had previously been deprived of his driver's license. The Magistrate Court sentenced the reckless driver to 1 day of arrest, and the district court rejected the driver’s complaint (Decision No. 12-106/2020 of November 25, 2020 in case No. 12-106/2020).

Mandatory work

Administrative punishment in the form of compulsory work is a punishment for drivers who have committed a fine, which consists of performing simple, socially useful work for a period of 100 to 200 hours.

Compulsory work can also only be ordered by a judge. Drivers are sent to sweep the streets, pick up trash, paint curbs or plant flowers. The maximum occupancy time per day is no more than 4 hours. Compulsory work is assigned during periods free from work or study.

An example from judicial practice - a district court sentenced a driver to 100 hours of compulsory work, entrusting the execution of the punishment to bailiffs.

Is the car towed to the impound lot?

Yes, the car must be towed.

The traffic inspector stops the car and enters the driver's license into the electronic database. It turns out that the driver is deprived of the right to drive the vehicle, and he has the previously lost license with him. The inspector removes the offender from driving the vehicle and calls a tow truck to move the car to the impound lot. The corresponding actions are provided for in both parts of Art. 12.7 Code of Administrative Offenses of the Russian Federation.

However, you have the opportunity to eliminate the reason for the detention of the car. To do this, you need to transfer control of the vehicle to someone who has a driver’s license and who is registered with OSAGO. For example - a wife, brother, father, friend or son. It's good if they sit next to each other, in the passenger seat. If such a person is somewhere nearby, it is better to call him and ask him to come as soon as possible. If your representative manages to arrive before the loader starts moving, your vehicle will not be taken to the special parking lot. The inspector will check this person’s driver’s license and insurance status. If everything is in order, then you will not have to “rescue” your car from the impound lot - after all, this is paid.

Criminal liability

If a serious accident with consequences occurs due to the fault of a driver deprived of his license, then criminal liability begins. The punishment depends on the nature of the offense.

If, due to the fault of the driver, serious harm to health was caused or death occurred, the offender faces punishment under Art. 264 of the Criminal Code of the Russian Federation. And rest assured, deprivation of the right to drive a car will be considered an aggravating circumstance in court. In practice, such drivers are usually jailed.
If they catch a drunk driver, and also one who has previously been deprived of a driver’s license, they will be held accountable under Art. 264.1 of the Criminal Code of the Russian Federation - and there are penalties from a fine of 300 thousand rubles to imprisonment within 2 years.

Convicted motorists also face deprivation of their licenses. However, given that these same drivers had previously been prohibited by the court from driving a vehicle, the new term will simply be added to the existing one. And after serving the first sentence, such a driver will not be able to immediately get behind the wheel, because the second term of deprivation of rights will just begin.

Regression from the insurance company

Even the most minor accident due to the fault of a driver who has been deprived of his license threatens to result in financial costs for him.

Yes, on the one hand, you may have a valid MTPL policy and compensation for damage from the insurance company. But at the same time, causing harm while being deprived of the right to drive a car is fraught with recourse for you.

First, the insurer will compensate the victims of the accident for the repair of their cars, and then file a recourse claim against the culprit of the accident - on the basis of paragraphs. "c" clause 1 art. 14 Federal Law On Compulsory Motor Liability Insurance. That is, the person who caused the accident without having the right to drive will have to pay for the repairs. Including if the deprived person was intoxicated.

What's the fine?

For driving without a driver's license, if you have lost it, a fine of 500 rubles is imposed or a warning is issued under Part 2 of Article 12.3 of the Administrative Code. Evacuation to the impound lot, arrest, and other penalties or enforcement measures are not required by law.

It was not for nothing that we mentioned above the difference between ownership and control rights. The fact is that some cunning traffic police officers manipulate the illiteracy of other drivers, trying to attract them not for the lack of a document, but for the lack of the right to drive - under Part 1 of Article 12.7, the fine for which increases to 5-15 thousand rubles.

What to do in this case? In fact, such a decision can be easily appealed, because your right to drive is checked in a few minutes using the traffic police database. And judges certainly do not confuse these two concepts.

There is no fine for the fact of losing your driver's license. And according to the law, when you come to the traffic police to replace your vehicle, the inspector does not have the right to issue a penalty for loss. The fine is imposed only for driving without a driver's license.

Electronic driver's license

The electronic version of the document will be stored in the traffic police database and in the owner’s smartphone in the form of a QR code. It is read by special certified electronic devices available to inspectors. In a special application, information about PTS, OSAGO policy, and other useful information is available. It is possible to print and carry a paper copy with you. Those who wish can obtain rights both in the form of a plastic and electronic document at the same time. Such a driver's license promises a lot of convenience. It cannot be lost, you do not need to carry it with you, it cannot deteriorate. There is no need to travel anywhere to get a new license to replace an expired license; the replacement takes a few minutes, everything is done from a smartphone. The cost of the service has not yet been determined. Electronic driver's licenses are expected to cost less.

How much does it cost to restore?

The state service of the traffic police registration unit itself is free. But you need to pay a state fee to restore your rights. For 2021, it is regulated by Article 333.33 of the Tax Code of the Russian Federation. And you will have to pay the following amounts depending on the type of lost document:

restore lost licenses from plastic – 2,000 rubles,
the same restoration of a new generation used with a chip – 3,000 rubles.

The last point is crossed out because as of October 13, 2021, such certificates have not yet been officially introduced and are not issued by the traffic police.

Please note that when restoring rights through the State Services portal, a 30% discount is provided. And you can get a new one for 1,400 rubles.

But you may also need a medical certificate (in which case, we’ll find out a little below) - obtaining it, depending on the categories you have, will cost from 1,500 (for category A and B) to 4,000 rubles. Its validity period is 1 year - it should not be issued earlier than 12 months on the date of filing the application for restoration.

Restoring a driver's license after losing it

If a car owner has lost his license, what should he do? How to restore them in 2021? To do this, you need to contact the traffic police department.

The package of documents contains only three items:

1. Application for restoration of a driver’s license. 2. Passport. 3. Receipt for payment of state duty.

There is no need to take any exams, and no medical certificate is required. And there is a peculiarity here.

If an application for restoration of rights is submitted, a newly produced document with the old details, marked “duplicate”, is issued. At the same time, the validity of the old certificate remains valid.
If it is already expiring, it makes sense to attach a medical certificate and write an application not for the restoration of old rights, but for obtaining new rights! In this case, it is not advisable to wait until the validity period expires - then this certificate will still be needed.

When submitting an application, an explanatory note may be requested, which indicates the circumstances of the loss. If additional checks are required, which require time, the period for issuing a new certificate will be extended. A temporary permit is issued for this period.

Then you should take a photo and get a new license. The procedure usually takes no more than an hour, including photography time. This is if there are no queues. When there are many people willing, you can spend the whole day waiting. To avoid wasting time, it is better to make an appointment in advance.

Do I need a medical certificate for recovery?

Yes and no. It all depends on one thing - your desire to have a “duplicate” of your lost driver’s license with a new validity period and pay the above amount for it:

if you provide a medical certificate to the traffic police, you will be given a new license for a new 10-year term,
If you decide not to undergo a medical examination, the received certificate will be valid for the same period as the lost license was valid.

If someone (especially the inspector himself) talks about the mandatory nature of the certificate, then this is not true and a myth. The current PPRF No. 1097 on the procedure for issuing a license directly states that there is no need for it in its paragraph 32. And the corresponding changes to the legislation were made back in 2021.

Possible problems

It’s not a fact that everything will go “smoothly”. Some problems may arise. For example:

In the absence of permanent or temporary registration in the region, the person who has lost his rights may be denied their restoration. To eliminate this problem, you will have to apply for a temporary registration or retake the driving test.
If the applicant had unpaid fines, then a negative decision may also be made regarding the provision of services. Everything needs to be paid off.
If the inspector makes several inquiries about the applicant, for example, whether there have been deprivations of rights or fines, then the waiting period may be longer. To do this, it is advisable to obtain a temporary driving license (fee 800 rubles).

So we looked at how to restore rights due to loss. In a standard situation, everything is quite simple and not at all troublesome. Modern technologies come to the rescue, namely the online service of Public Services. Master the Internet and save valuable time.

Do I need to take a traffic test if I lose my license?

No. Despite the attempts of the initiators to amend the law and oblige all drivers to take an exam when replacing their license, this idea has not yet been implemented. In addition, this concerned the replacement of batteries after their 10-year validity period had expired.

This is stated in paragraph 29 of PPRF No. 1097:

29. The issuance of a Russian national driver’s license to replace a previously issued Russian national driver’s license is carried out without passing exams and in the following cases: .... d) upon receipt of an application for the loss (theft) of a driver’s license;

Validity period of a temporary certificate

The card is issued based on an application on the day of application, if the citizen provides all the required papers. The only statement that will take a long time to obtain is a police certificate of theft. It may take a whole day to receive it. The officer on duty must collect evidence, interview possible witnesses, and obtain explanations from the victim. The state fee can now be quickly paid through the State Services portal.

Note. Users registered and authorized in the MFC can use the services of the site.

The validity period of a temporary driving license depends on:

The duration of the trial;
The volume and complexity of the inspections carried out.

When your license is lost due to theft, you will have to wait until search operations are carried out. The victim may be repeatedly invited to the inquiry department to identify detainees, conduct interviews, and clarify the nuances of the case.

If the license has expired and the process of issuing a new permanent license is delayed due to bureaucratic delays, the car owner has the right to apply to the courts with a statement of claim.

After each complaint, the validity period of the permit is extended by 1 month. If the situation is not resolved, you can again address the same problem to higher authorities.

The standard shelf life of “temporary food” is limited to two months. Temporary licenses must indicate the expiration date.

We talked in detail about whether it is possible to return your rights early after deprivation in this article.

Lost my license - they demand to pay fines

The requirement to pay all fines is also not based on the law - you don’t have to pay them.

But in practice, MREO inspectors very often, when you contact the appropriate window, instead of providing a government service, they first print out a list of fines you have and give you to pay. What should I do to restore my credit card if it is lost without paying fines?

Let's start with the fact that this is not a requirement yet, and you can put the paper in your pocket and simply tell the inspector that you will definitely pay for them.

If the traffic police officer directly conditions the restoration of lost rights on the mandatory payment of fines, then request a written refusal to issue a license. If you submit a written (electronic through State Services) application, then the inspector must answer it in writing and motivate his answer.

In the laws in force for 2021, there is no obligation to pay all existing traffic police fines in order to obtain a driver’s license.

Recovery via the portal: instructions

Let's consider an online method for making a duplicate of rights. You will need:

have at hand all the documents indicated later in the article;
confirmed ESIA account;
10 minutes of free time.

If you do not yet have a verified account, then pay attention to the step-by-step instructions below.

Step 1. Registration:

Open the official website of the single portal of State Services.
Click on “Personal Account” in the upper right corner.
Click the “Register” button, which is located under the entry form.
Please provide your first and last name, mobile phone number and valid email.
Enter your password twice.
Complete the procedure. To do this, go to your email and follow the link in the letter.

Step 2. Filling out your profile:

Return to your personal account and click on the “My details and contacts” section.
Enter your middle name, date of birth, passport details and information about your SNILS card in the “Basic Information” column.
Save.

Will they provide temporary licenses until replacement?

We should start with the fact that a temporary permit to drive vehicles used to be a document that gave the opportunity to drive a car when the driver was deprived of his license - the traffic police confiscated the license right on the road and issued a temporary license. But this provision of the law was abolished back in 2013, and along with it the format of the document itself.

But for us there is still nothing bad - replacing a driver’s license if lost is done in one day, and there is simply no need for anything temporary here.

A document confirming the passing of a university degree

When is it needed?

Before the entry into force of Federal Law No. 196 of July 23, 2013, the driver’s license was confiscated from the offender at the scene of the incident. After which the driver had to pay a fine and wait for the expiration date of the deprivation (you can find out from when the period of deprivation of a driver’s license is calculated, when it ends and how to calculate it online).

Since July 2013, traffic police officers have been prohibited from confiscating licenses on the spot in case of violation of traffic rules . The court has the right to confiscate the certificate through a ruling. Subsequently, in order to surrender the license after deprivation, the motorist is obliged to submit an application for surrender of the license to the traffic police department or MREO within 3 working days (read about whether it is necessary to transfer a driver’s license to the traffic police after a court decision and how this happens here) .

Content

The structure of the document on passing the tertiary education after deprivation includes:

name of the traffic police department;
identification information of the motorist, category of rights;
VU identification number;
information about the offense;
period of punishment;
the amount of the fine;
details of the court that issued the decision on the seizure of rights;
serial number of the resolution;
date of delivery of the certificate, address of the inspection department;
signature with transcript.

An application for surrender of a driving license after deprivation of a license is drawn up in two copies (one for the traffic police, the other for the driver). Upon acceptance of the document, the inspection staff puts a corresponding mark on the acceptance of rights. This signed form will serve as the basis for the restoration of the certificate in the future.

How to restore lost rights? Procedure

There are several ways to do it:

You can restore your license through State Services (the application itself is submitted electronically, you will have to go to the traffic police to get a new license),
apply directly to the traffic police,
through MFC.

In essence and the set of documents as of 2021, they are all identical. The only difference is that when submitting an application through the State Services portal, you are not formally required to bring a completed application to the traffic police. It’s just that employees often demand a printed copy of it. We will clarify this point below.

Public services

First of all, you need to be registered on the portal. We described this step in detail in one of our articles. Next, log in to your account and go sequentially to the sections Transport → Driver’s license → Replacement of license when the owner’s data changes, is lost or unsuitable.

1. Carefully read the basic information about the government service, and then click on the “Get service” button.

2. A form for filling out data will open. There are quite clear fields here, not all of which are required.

Your personal data: full name, date of birth and others (this and some fields below will be filled in automatically from your profile),
passport data,
registration address,
reason for replacement - you need to select “loss or theft”,
information about the medical certificate - you don’t have to indicate it, even if you received it to restore a lost driver’s license, so that the validity of the new one is 10 years,
permitted categories in the lost ID and certificate (if received),
details of the old registration number – you need to check the box that the details cannot be entered,
Next, all that remains is to select the desired traffic police department to obtain a duplicate of your rights and check the box indicating consent to the processing of personal data.

3. After submitting the form, you will be asked to pay a state fee for obtaining a certificate in the amount of 1,400 rubles if you do it online.

4. Print out the receipt for payment of the state fee, as well as the application itself filled out at State Services. Despite the fact that this is not required by law, in practice the traffic police may ask you for them.

5. On the chosen day and time, go to the MREO department and do not forget that you will be photographed.

Something else useful for you:

Is it possible to drive a scooter with category B or without a license?
Can they register with a drug dispensary if their license is revoked and vice versa?
New law on automatic deprivation of rights due to illness: when will it come into force?

Personal application to the traffic police

Please note that in practice, many departments may not accept you if you have not signed up through State Services - the terminals will not have paper for printing coupons, and without them in the window they will not accept you. What to do in this case? Just sign up through the State University portal.

In general, a personal application to the traffic police differs only in that you fill out the application, print it out and submit it yourself by hand. The content is similar to that filled out through State Services.

(also in PDF format for completing by hand).
.

The sample and form correspond to the Appendix of Order No. 995 of the Ministry of Internal Affairs of the Russian Federation and are relevant for 2021.

How to pay the state fee

The state duty can be paid in the following ways:

through a cash desk or bank terminal directly to the traffic police;
by bank transfer, which does not exclude commission;
using terminals in shopping centers and other public places;
by postal transfer;
through online payment services, in which case a commission is charged;
through the State Services portal, in this case a discount is provided.

After payment, you must print a confirmation document or receive a paper check at the place of payment in cash.

What do we have to do? Step-by-step instruction

To restore your rights as quickly as possible, you must follow a strict sequence of actions:

Notify the police if your driver's license has been stolen or lost. There is no direct provision in the law for this action, however, it is worth doing in order to protect yourself from scammers who might get their hands on your rights.
Prepare a package of necessary documents for restoration. It is important to take into account that documents may not be accepted if:
Required signatures or seals are missing.
An incomplete package has been assembled.
The documents have expired.
Contact the traffic police and write a corresponding statement. A citizen of the Russian Federation can contact any department of the traffic police. As for the replacement of rights for those persons who do not permanently reside on the territory of Russia, it is carried out only in the department associated with the place of temporary residence or stay.
Pay the state fee for issuing the certificate.
Get a driver's license.

After contacting the traffic police, 2 scenarios may arise:

If the employees are not overloaded with work, they will check all your documents on the same day and issue a duplicate license. The only difference between the original and the restored document is the inscription “Duplicate”.
If the employees have a lot of work to do, you will be given a special certificate while your application is being checked. As a rule, its validity period does not exceed 1-2 months, however, if your case is not considered within this period, they may be extended. Quite often they are issued to persons with temporary registration. For such permission you will have to pay an additional small amount. Usually it is about 800 rubles.

A photocopy won't help

Unfortunately, the photograph on your mobile phone of the driver holding a driver’s license in his hands, or a photocopy of the STS lying around in the car, most likely will not be needed. Their presence is checked by passport. However, most often, inspectors, after looking at the passport and checking the driver against electronic databases, making sure that he has a license, release such a driver in peace. That is, they are limited to a verbal warning, but only for the first time. If the violation is repeated, then in addition to the fine for committing this offense in accordance with Art. 27.13 of the Code of Administrative Offenses of the Russian Federation, the vehicle is detained, placed in a specialized parking lot, and the person driving the vehicle is subject to removal from control.

Meanwhile, the introduction of electronic documents is just around the corner. In addition to the electronic license, drivers will receive a new license. Identification cards and certificates will be equipped with a microcircuit with a contactless interface. On their back side there will be a QR code designed for automated accounting and increasing the safety of records, as well as to protect the form and records in it from counterfeiting. The developers of such documents assume that in the absence of cellular communications and if it is impossible to access the Internet, a traffic police inspector during a personal search will easily be able to establish the authenticity of the document. Nowadays, driver's licenses and vehicle registration certificates in such remote areas without communications are checked for forgery, most often visually, and the result depends on the professional skills of the police officer.