Deprived of license, how to drive

July 22, 2018
Automobile law
Marina Lobacheva

Deprivation of rights is a certain punishment applied to drivers who violate important points of traffic rules. The period of deprivation may vary significantly depending on the violations identified. During this period of time, it is not allowed to drive a car, as this can lead to truly negative consequences. But many drivers still think about the possibilities of using a car if they have been deprived of their license. How to drive legally or illegally? Many drivers have certain tricks that allow them to still use the car for its intended purpose, and at the same time they are not held accountable by traffic inspectors.

Is it possible to drive a car without a license?

Many drivers think about how to drive if their driver's license has been revoked. Driving a car without a driver's license is a serious offence. Deprivation of rights is ordered exclusively by the court, after which the document is confiscated from the citizen for a specified period of time.

The license is located in a specific traffic police department, so you are not allowed to drive the car. But even under such conditions, many drivers use certain tricks through which they drive cars without being held accountable.

Deprivation of rights: how to return your license in 2021? Rules

So, the procedure for returning a driver’s license is regulated by the Code of Administrative Offenses and its section 32. The necessary conditions are as follows:

To return your license after deprivation, you must pass an exam on knowledge of traffic rules theory,
pay all available traffic police fines, including fines for deprivation,
undergo a medical examination and receive a valid medical certificate, but only for those who have been deprived of their rights for alcohol intoxication or refusal of a medical examination - for those deprived of their rights under Articles 12.8, Part 1, 12.26, Part 1, 12.27, Part 3 of the Administrative Code.

All these conditions for the return of a military license are specified in Part 4.1 of Article 32.6 of the Administrative Code. Below we will discuss in detail how to perform each of these procedures, what is required for this, as well as how and where you can do it all.

Legal ways

If you have been deprived of your license, how can you drive without violating the law? There are some legal ways to use a car to get around. These methods include:

Using a taxi. This method is expensive and rarely used, but if a citizen urgently needs to get to some place, then calling a taxi is considered the ideal solution.
Delaying the deadline for handing over the certificate. The period of deprivation of rights begins from the moment the certificate is provided to employees of a specific traffic police department. If the rights are not transferred to storage for a long period of time, then they are valid, so they can be used, but the period of deprivation of the certificate will not begin. But literally in a month the motorist may be put on the wanted list.
Going on a business trip. If a citizen uses a car for work, he can prove through the court that he cannot remain without a license for a certain period of time. It is advisable to take a document at the place of work confirming that the citizen must go on a business trip in his own car. If the need for the document is proven in court, the judge may postpone the trial for 15 days. If the traffic police officer who compiled the protocol is not present at the meeting at all, then this period may increase. But after a set period of time, you will still have to give up storage rights.

If you know how to drive a car if you have been deprived of your license, then you can use legal methods to delay the moment when a citizen loses his license. But all these methods are temporary, so most car owners use special tricks that allow them to drive a car without a license.

How much does it cost to return a driver's license?

At the time of publication of the article, state fees for the return of rights itself, as well as for retaking the traffic rules theory, are not charged . Disputes about the need to introduce such fees have not ceased for a long time, but currently no changes have been adopted.

This does not mean that there will be no costs at all.

First, you must pay all existing fines. Moreover, both related to this offense and not related to it.
If the driver's license is lost, damaged, or expired during the deprivation period, you must obtain a new one.

The cost of obtaining new licenses ranges from 2,000 to 3,000 rubles, depending on the type of certificate requested. In some cases (for example, when registering through State Services), a discount is provided.

Using a car without a license

How to drive while deprived of your license? Some car owners cannot give up driving, so they use the car even without a driver's license. In this case, they simply hope that the traffic inspector will not stop them. How to drive if your license has been revoked? To reduce the likelihood of a car being stopped by a traffic inspector, it is recommended to take into account certain rules and features. How to avoid getting caught without a license? The nuances are taken into account:

Violating the speed limit is not allowed.
It is recommended to stay in the left lane.
No rules are violated while driving, so signs, markings and other elements on the road are taken into account.
If the traffic inspector stopped the car without any violations, you should first inquire about the reason for the stop. Since if it is missing, the driver may refuse to provide the document. Moreover, such actions often lead to the fact that the traffic police inspector releases the car owner without checking the license.

If the traffic inspector insists on obtaining a license, you will have to admit that you do not have one. This will lead to the imposition of additional punishment, and often the term of imprisonment will be increased altogether.

Rules of driver behavior

You should not try to hide from traffic police officers. It's useless 99.9% of the time. But the consequences may not be limited to simple deprivation of rights and a fine.

You should not refuse a medical examination. This means the driver is automatically found guilty. It is not recommended to require examination at a medical institution. If you drank alcohol the day before, the tests will show a higher blood alcohol level than the device.

In the protocol, you must provide your personal explanation, which in no case should indicate the fact of drinking alcohol the day before. It’s best to insist that you didn’t drink anything.

If an error is discovered in the preparation of the protocol or witnesses are not invited, you should not mention these facts to the police. Their mistakes can be used in court later.

Obtaining a certificate in another region

If your license is revoked, how do you drive? Legal methods usually do not give the desired result. Therefore, many car owners decide to obtain a license in another region, keeping silent about the fact that they were deprived of this document. This procedure has some difficulties. Features of the process include:

even if you manage to deceive the traffic police officers, it is impossible to save yourself from search engines with the help of new rights, since the traffic police database in any case contains information that a particular citizen has been deprived of his ID;
if it turns out that a citizen has registered another right, this may become the basis for bringing him to criminal liability;
in another region you will have to write an application for a certificate indicating that your license was lost or stolen, which is false information.

Drivers who resort to this method run a high risk of being caught. For them, the punishment is significantly tougher. Therefore, you can get rights in another region, but using them is really dangerous.

How to get a driving license: stages

The procedure for obtaining a driver's license after its deprivation has its own characteristics.

Accounting for the term

There are three key points to note here:

it is necessary to ensure that the punishment is not suspended and the period of deprivation is calculated. This is done via the Internet or at the traffic police department;
No more than three years should pass from the date of passing the “crust”, during which you can apply at any convenient time without fines or other penalties. After three years, the certificate will be disposed of and you will need to write an application for replacement;
As soon as half of the restriction period has passed, move on to the next stage.

To start collecting papers and take the theory test, you don’t have to wait the entire punishment period. You can begin these stages after 50% of the period has passed.

Traffic rules exam, what you need to take to get a document after deprivation of your driver's license

In essence, this is the same theoretical exam block, which takes place on tickets. If mistakes were made, you are allowed to retake. The number of attempts is not limited.

Some exam features:

20 questions are given;
allotted time – 20 minutes;
testing usually takes place on a computer;
you can make one or two mistakes, for each of them you will be given five additional tasks;
To start taking the test, you need to write an application;
the result will be entered on a special card - it is needed to obtain a license.

Medical commission

Help will only be needed if:

driving a vehicle while under the influence of alcohol or drugs, as well as handing over a vehicle to a person in such a state;
refusal of medical examination. This applies to both the request to “blow into a tube” and a trip to a medical facility to have your blood drawn to check for alcohol content;
drinking alcohol/drugs immediately after a traffic accident, at the scene of the accident;

An important point: the validity of a certificate from a narcologist is one month.

What documents are needed after revocation of a driver's license?

When the sanction period has expired, you need to collect in advance and bring to the department a complete package of papers. In this case, it is necessary to pay attention to the “expiration date” of some certificates. You should prepare:

passport or other identification document, for example, a foreign passport or military ID;
a photocopy of the court order on the restriction;
if necessary, then a medical certificate;
a card in which the results of passing the theoretical traffic rules exam are entered;
if additional fines were issued to the driver, then receipts for their payment are needed;
completed application. Its sample (as well as a blank form) can be taken directly at the department a few minutes before applying.

To save time, take a sample at home and fill it out in advance. Here's what it looks like in 2021:

There is no single established standard; you can use a handwritten version and draw up an application yourself, the main thing is that it reflects the following data:

details of the department you are applying to;
driver information;
for what reason was the “crust” removed?

Contacting the traffic police

It is best to contact the exact department where your card is stored so that there is no confusion. Otherwise, you will need to wait for the time during which it will be sent to another city. If you need a translation of the document, then you must add a petition to the package of documents.

Using someone else's document

Many car owners think about how to drive on someone else's license. This method is most often used by people who have siblings with a similar appearance. In this case, you can use someone else’s ID, since the appearance of each person can change significantly over time.

In practice, there have been situations when, after a car was stopped by a traffic inspector, no problems arose, since the traffic police inspector did not pay attention to the fact that the appearance of the direct driver was slightly different from the photograph on the license.

Is it possible to drive before the deprivation trial?

Of course yes. The fact is that such a punishment as deprivation of a driver’s license is imposed only by the court. A traffic police officer on the road can only draw up a report, thereby opening a case. And in court the case is considered, and only within the framework of the consideration the punishment is assigned.

Now, until the punishment is imposed, you obviously cannot be found guilty. Accordingly, you are allowed to drive a car before the trial.

But keep in mind that if you commit the same violation a second time during this time, the terms in this case will be added up. That is, there will already be 2 trials waiting for you, and at each they will issue a ruling. For example, if the first one assigns 2 months of deprivation of rights, and the second - 1.5 years, then the total period will be 1.7 years: first the two-month period of deprivation will expire, and immediately after it the one and a half year period will begin.

Purchasing fake documentation

There are many services and companies on the Internet that offer the opportunity to obtain fake documents, which include a driver’s license. Most of these sites are fraudulent, so after payment, citizens do not receive any documents.

If a service is found that actually offers a fake ID, the cost of such a document will be very high. Additionally, it is not advisable to use it, since traffic inspectors check any rights in the traffic police database. A fake ID is not in this database, so in any case the driver will be held accountable. He will not only have to face a fine, but also criminal liability for using fake documents.

Help with deprivation

There are companies and organizations that provide assistance to drivers who find themselves in such a situation.

Auto lawyers can start fighting for a citizen’s rights before a court decision is made.

Being present when a traffic police officer draws up a protocol, the specialist ensures that no violations are committed or the rights of the client (driver) are infringed.

You can also contact a lawyer after drawing up the protocol.

Lawyers also help to challenge the decision to withdraw rights after the expiration of the 10 days established by law.

The standard package of services of such companies includes:

consultation on choosing a course of action and defense strategy (recommendations are provided free of charge);
analysis and analysis of the situation;
making a forecast of the outcome of the case;
professional assistance in court;
providing assistance in obtaining and processing the necessary documents;
supporting the client in the process of returning the driver's license after the trial.

Before contacting a particular company, you should make sure of its reliability. This is confirmed not only by licenses, but also by a positive reputation and the number of cases won.

A reputable company will not require advance payment for services. As a rule, a lawyer’s work is paid after a positive outcome of the case. Therefore, if you are offered the opposite, you should doubt the reliability of the company or lawyer.

How to behave so as not to get caught?

Most often, car owners, at their own peril and risk, simply prefer to drive a car without a driver’s license. To avoid getting caught, follow traffic rules, allow pedestrians to pass, and do not behave provocatively on the road.

A calm and confident ride is the key to the fact that the traffic inspector will simply have no reason to stop you. If the driver tries to escape responsibility, this will lead to additional problems. If a traffic inspector stops a car, then it is initially important to identify the reason for the stop, and if it is absent, then the driver may not present a license.

If a traffic police inspector discovers that a citizen has been deprived of a license, then his car is evacuated, since he cannot continue driving. If the driver does not behave defiantly and impudently, then the traffic inspector may agree that an acquaintance of the driver drive up and continue driving the car.

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.

For what violations do drivers lose their license?

According to the law, there are many traffic violations that entail the deprivation of a driver's license. Most often, such a harsh measure is applied by the court when identifying the following situations:

driving at a speed exceeding the established maximum speed by 80 km/h;
driving a car while intoxicated, which may be alcohol or drugs;
significant violations of traffic rules, which include driving through an intersection on a red light or entering oncoming traffic through a solid marking line;
installation of lighting devices on a car that do not meet the requirements of GOST;
driving a car with false registration plates.

If a primary violation is detected, the driver can only get off with a large fine, but if there is a repeated violation, then the traffic inspector will certainly send a report to the court. It is the judge who makes the decision regarding the possibility of depriving a citizen of his driver’s license.

How to revoke a license to drive a vehicle

Confiscation is one of the most severe punishments; accordingly, the return procedure is related to the fulfillment of mandatory conditions and requirements.
The sanctions are spelled out in the Code of Administrative Offenses of the Russian Federation, adopted in a new format in 2014 and still relevant today. Before the approval of the punishment algorithm for a serious accident, the practice was to confiscate the “crust” right at the scene of the incident - in return, the inspector would issue a protocol for recording the accident or in another situation. According to the updated rules, the document cannot be taken away without the consent of the car owner: he will be obliged to do this legally immediately after a court decision is made. Thus, it turns out that the driver who violated the traffic rules remains behind the wheel with permission to drive the vehicle until the hearing.

After the court’s decision, the motorist is obliged to bring his driver’s license along with the decision to the traffic police department with his own hand. If he is seen driving and stopped by an inspector, this will lead to a significant fine and evacuation of the vehicle to the impound lot.

As for the timing. When stopping a vehicle, the instructor draws up a detention report, which is submitted to the court within a few days. From there, the violator is sent a notice of the date of the meeting on the administrative offense. The consideration of the case in court lasts up to two months; after the decision is made, 10 days are allotted for appeal. When the verdict comes into force, the defendant is obliged to take his documents three days in advance to the traffic police department where the protocol was drawn up. After this, the countdown begins until the restriction period expires.

If, during the deprivation of rights, the validity of the driver's license has expired naturally (the certificate is changed every 10 years), then the replacement process occurs in the usual way.

Traffic police officers will accept your document and in return will issue a notice of this fact. It will also indicate the date when you can apply for a refund. When contacting the department, you must have a copy of the court order with you.

Violations that are fraught with deprivation of rights:

driving without license plates (from 1 to 3 months or fine);
driving while under the influence of alcohol or drugs (from 1.5 to 2 years);
speeding (from 4 to 12 months);
travel to “red” (4-6 months);
overtaking in the oncoming lane;
driving under a “brick”;
leaving the scene of an accident.

Responsibility for driving without a license

Many citizens are accustomed to using a car every day, so they have a question about how to drive without a license after deprivation. Drivers' tricks actually make it possible to use a car even without a license, although this entails additional troubles for the citizen.

If the driver is sober, but drives the car without a license, then one of the following penalties is imposed on him:

fine up to 30 thousand rubles;
compulsory work for a period of 100 to 200 hours;
arrest for 15 days.

Under such conditions, the period of deprivation of a driver’s license does not increase. Due to a fairly large fine, every driver must be aware of the consequences of driving without a license.

Is it possible to speed up the return of rights?

Buying out rights or obtaining them early are methods not provided for by law. The problem in developing such procedures is related precisely to the cause of deprivation - alcohol intoxication.

This is a serious offense, so the bill to reduce the period of punishment for good behavior or replace it with a fine has many opponents.

To replace deprivation of rights with a monetary penalty (fine), the defendant must select compelling arguments.

It’s even better to contact a specialized lawyer who can convince the court to replace the punishment or reduce the term of imprisonment. Giving a bribe to an inspector in such cases is also fraught with disastrous consequences.

Drunk driving without a license

If a citizen is deprived of his license, and at the same time gets behind the wheel while intoxicated, then the penalties for him are significantly tightened. Therefore, one of the following options is selected:

a fine of up to 30 thousand rubles;
arrest for a period of 15 days;
increasing the period of deprivation of rights.

A fine is imposed solely on the condition that administrative arrest cannot be applied to a particular driver in accordance with his status and position. If a citizen who is intoxicated refuses to undergo a medical examination, then he will have to pay an additional fine of 30 thousand rubles.

If he was previously deprived of his license for drunkenness, then the fine for him increases, so it varies from 200 to 300 thousand rubles. An additional term of imprisonment of up to two years is imposed.

Suspension of rights by bailiffs

In addition to the usual deprivation of rights for the violations listed above, in 2021 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.

Deprivation of rights for debts

Who is not subject to arrest?

If a drunk driver has previously been deprived of his license for drunkenness, then a punishment is applied to him, represented by arrest for a period of 10 to 15 days. But some citizens are not allowed to apply such a measure. They are only punishable by a large fine. Such persons include citizens:

pregnant women;
military;
women raising children under 14 years of age;
persons who have correctly registered the first or second disability group;
minors who used a car belonging to their relatives;
persons conscripted into the army;
customs officers, law enforcement agencies or government agencies specializing in drug trafficking or psychotropic drugs.

The above-mentioned persons are not allowed to apply the punishment represented by administrative arrest, so they pay a fine for the identified violation.

Is it possible to drive a vehicle without a driver's license?

The Administrative Code of the Russian Federation provides for responsibility for driving transport after deprivation of rights (you can find out why and how the procedure for depriving a driving license, who has such powers, is here). For driving a car without a driver's license, the driver can be punished with arrest for up to 15 days . If it is impossible to apply such a measure of punishment to a citizen (in the case of minors, pregnant women, etc.), penalties are imposed in the amount of 5,000 rubles (read about the consequences of driving without a license after deprivation of them here).

But it turns out that driving without a license is still possible. There is a certain period of time between the unpleasant conversation with the inspector and the confiscation of the driver’s license by the court. Sometimes, this time can even be very long if the court hearing, for example, is held in another region.

The State Traffic Inspectorate employee himself does not have the right to liquidate a driver’s license . The inspector draws up a protocol stating that an administrative offense has been committed, a driver's license is attached to it, and a temporary permit to drive a vehicle is issued. Before the court hearing. Next, the court determines: to deprive the driver of his license for a certain period or not to deprive him.

Until a legal dispute takes place, and this period takes up to 2 months, the driver can legally remain behind the wheel.

In the best case scenario, if the offender hires a lawyer who convinces the judge that his client does not deserve such a harsh punishment, the driver will be able to continue to drive his car until he repeats the traffic violation. Unless the driver, of course, draws the appropriate conclusions.

In no other cases is it possible to drive a vehicle without a license; this can lead to more serious consequences.

If the period for confiscation of the driving license has expired

If a citizen has not yet received his driver’s license back, then he cannot drive . To do this, you need not only to return the legal right to drive transport, but also to have a document confirming this right. A driver's license is such a document. So, if the sentence of a negligent driver has expired, this is not enough. You must pick up your license and only then sit in the driver’s seat.

It is important to understand whether the driver has legal restrictions or does not have them; when there are no documents on hand, it is prohibited to drive the car. This rule is enshrined in law (Administrative Code Art. 12.3).

The punishment for such an offense is small. If the period for confiscation of the driving license has expired, the driver will be warned or fined 500 rubles .

The same punishment follows for the lack of car registration documents.

Responsibility for the use of false documents

The use of a fake driver's license is regarded not only as an administrative offense, but also as a criminal offense. Therefore, the punishment is a fine of 30 thousand rubles, which can be replaced by compulsory work for a period of 100 to 200 hours or arrest for 15 days.

Criminal liability is assigned on the basis of Art. 327 CC. The following types of punishments may be applied under this article:

a fine of 80 thousand rubles;
a fine in the amount of a citizen’s earnings for a period of six months;
compulsory work for up to 480 hours;
correctional labor for up to 2 years;
arrest for up to 6 months.

Therefore, the use of fake documentation is considered an unprofitable and dangerous decision for a citizen.

Warnings and Risks

Never drive without a driver's license . This is the same offense, and it’s also good if it is not aggravated by circumstances in the form of victims in an accident. Many people advise doing exactly this: driving without a license at night, driving in the left lane, not looking the inspector in the eyes, wearing dark glasses, etc. But these are very dubious guarantees and should not be relied upon. In practice, most such cases do not end in success.

Even more, you should beware of the services of various organizations that promise to quickly and guaranteed return of confiscated rights. They can offer a lawyer who is really able to convince the higher authorities to overturn the decision of the magistrate. But they can simply take a rather large amount of money and not provide any help. There are many such cases.

The worst case scenario is that such an office actually issues a new driver’s license, and it is fake. Here you will have to bear responsibility not only for driving without a license. An alert inspector can view the information in the database .

Forgery of a document is punishable by Art. 327 of the Criminal Code of the Russian Federation. For such an offense, a citizen risks going to prison for 2 years and will have to pay a lot of money for the help of lawyers.

We talked in detail about whether it is possible to legally buy back rights from the traffic police after deprivation in this article.

How many days?

In general cases - unless you appeal the deprivation order of the Magistrates' Court - you have the right to drive a car for 10 days.

Where does this conclusion come from? Everything is very simple! We indicated above that deprivation as an administrative penalty begins on the date the court decision comes into force. And it comes into force after the expiration of the period allotted for appealing it (Article 31.1 of the Administrative Code):

A decision in a case of an administrative offense comes into force: 1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested...

At the same time, Article 30.3 of the Code establishes that the period for challenging a punishment is 10 days:

1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

Please note that the starting point is the day following the day you received a copy of the resolution. And here there are 2 options:

if you were present at the trial, then the order could be issued to you immediately, and 10 days for the possibility of driving a car began from the next day,
if you were sent a copy by mail, then the period begins from the next day after you receive it - this day will be indicated in the mail and handed over to the court.

In the same case, if you have not received a copy of the decision, then after 7 calendar days of storage at the post office (clause 34 of the Rules for the provision of postal services) it is returned to the court, and on the next day after the return the 10-day countdown period begins - clause 29.1 Resolution of the Plenum of the Supreme Court No. 5 of March 24, 2005.

Moreover, according to Article 4.8 of the Code of Administrative Offenses, if any period of time is established, then its beginning is considered the next day after the beginning. That is, if, for example, you received a copy of the resolution on October 11, 2021, then the countdown of the period when you can drive a car begins from tomorrow.

Expert opinion

Dmitry Tikovenko

Automotive law expert. 7 years of experience. Areas of specialization: civil law, disputes over compulsory motor liability insurance and road accidents

By driving a car after you have been deprived of your license, you risk not only receiving a new period of deprivation, but also paying for it in rubles in the event of an accident through your fault, even if you have an MTPL policy.

Subparagraph “c” of paragraph 1 of Article 14 of the Law on Compulsory Motor Liability Insurance provides for the right of the insurer to recover everything paid to the victim from the culprit if at the time of the accident he did not have the right to drive the vehicle. This, by the way, applies not only to cases of deprivation of a driver’s license, but also to cases where a driver’s license was not obtained at all.

Ask a Question

Examples

Let's look at a couple of examples.

The driver was deprived of his license on March 10, 2021 - this is the date when the trial took place. The motorist was present at the trial, and he was given a copy of the decision immediately that day. Then the countdown of the appeal period begins on March 11. The driver can drive a car until March 20, but from the 21st it is no longer possible.
The trial was on April 18, 2021. The driver was not in court, and he received a copy of the decision by mail on May 5. That is, the period before entry into force began on May 6 and lasts until the 15th. From the age of 16 he is prohibited from driving.
The Magistrate's Court made its decision on May 16, 2021. The driver was sent documents by mail, but he avoided receiving them. For example, on May 21, the documents arrived at the post office and a notice was sent to the driver. But, since he did not appear for them, they were sent back to court - this happened on May 29. On June 7, the documents arrived in court. Accordingly, the driver can drive a car after being sentenced to deprivation of rights from June 8 to June 17 inclusive.

Thus, if you have not filed an appeal against the ruling of the court of first instance (magistrate, as a rule), then you have 10 days to drive a car. And this period may still be extended for two reasons. Let's look at them below.

If the deadline falls on a weekend

According to the general rule for imposing administrative penalties, if the last day falls on a weekend, the period is automatically extended until the first working day.

But in our case there is a big catch. It is hidden in Article 4.8 of the Code of Administrative Offenses on the calculation of deadlines. Here you can see that they are calculated in either days or days. And in part 3 of this norm it is stated that this period is “moved” if the last day is a non-working day.

However, this applies for a period calculated in days. Let's return to Article 30.3 and see that here we are talking about the fact that you can drive a car for 10 days, not days. Does this mean that this extension of the period does not apply to our case? Not at all.

Several official sources give a clear answer.

Review of judicial practice for 2008: in question No. 16, the Supreme Court explains that since the Code of Administrative Offenses does not regulate this issue, then in this case an analogy of law enforcement is acceptable, and one must be guided by the general rule - if the last day is a non-working day, then the period is extended.
The Supreme Court made the same claim in much more recent case law, ruling in favor of the driver.
And the same opinion is shared by the official department of the Ministry of Internal Affairs of the Russian Federation.

Let's look at 2 more examples.

The court issued a ruling against the driver to deprive him of his license on March 10 and on the same day handed him a copy of the ruling. The countdown for the appeal period began on March 11 and lasts until the 20th, which falls on Saturday. Then this period is extended until the first working Monday - March 22, until this day the driver can drive a car after deprivation.
The decision was issued on April 2, and a copy of it was sent to the motorist on the 10th. He received it on April 21. The period for challenging the punishment began on the 22nd and lasts until May 1. But this year, the period from May 1 to May 12 is recognized as non-working holidays. In this case, the end of the period is postponed until May 13 - until this day the driver has the right to drive.

Expert opinion

Yuri Panchenko

Driving instructor, human rights activist, author of books. 10 years of experience.

I would like to draw your attention to two points.

Some drivers, after being deprived of the right to drive, do not surrender their driver’s license, but also do not get behind the wheel. In this case, the period of deprivation is interrupted until the driver’s license is handed over or until a statement about the loss is written. Several years pass, and suddenly the need arises to use the car again. In this case, on the one hand, the period of deprivation of the right to drive has not yet begun, on the other hand, the statute of limitations for execution of the punishment (three years) has expired. In this case, in order to stop the execution of the punishment, the driver must apply to the court that issued the decision to terminate its execution.
If a driver is twice deprived of the right to drive, the terms of deprivation do not always add up. If the first decision is made, but has not yet entered into force (10 days have not passed), and at that moment the second decision is made, then the terms of deprivation run in parallel. In order for the traffic police to take this point into account, it is again necessary to contact the court that issued the decision so that it clarifies that the deadlines are running in parallel.

Ask a Question

When can I extend it even further?

In the same case, if you filed a complaint against the decision, this period is extended until the decision of a higher authority in your case is announced.

The subtlety here is that the ruling does not come into force when you appeal it. Consequently, the period when you are allowed to continue driving a car after deprivation of your license is extended even further - until a decision by a higher court.

But there is bad news here: the decision of a higher authority comes into force immediately after announcement. This is established by Article 30.19 of the Code of Administrative Offenses of the Russian Federation. Although the good news for drivers is still more significant - it turns out that several months may pass from the date of the ruling by the magistrate court to the decision of the district or city on the complaint. During this entire time you can drive a car.

And again, using an example - now it’s the hardest part.

The magistrate's court issued a ruling on the deprivation of a driver's license on April 15. The documents were sent to the driver by mail the next day.
The deprived person received them on April 23 and on the 27th appealed to the district court at the place where the violation was committed.
A hearing on the complaint is scheduled for June 1. And the judge upheld the decision - that is, did not cancel the deprivation of rights.
As a result, the judge's decision came into force on June 2. And the driver could drive from April 15 to June 1.

Please note that since the court ruling in this example did not come into force during this time, the period of deprivation did not begin. Thus, if you are delaying this date in order to continue driving the car, then keep in mind that the end of the period of deprivation of rights is also delayed by exactly the same period.

In the above situation, if the driver, for example, was deprived of the right to drive for 3 months, then in the absence of his complaint, the period of deprivation would have expired on July 24. And taking into account the appeal, this deadline has moved to September 2.

What happens if you don't pay the fine?

After the court makes a decision, the driver deprived of his license for drunkenness has 60 days to comply with the decision (to pay the fine), as well as 10 days to file an appeal. If payment is not made within the established period, the traffic police will open a case under Art. 20.25 Code of Administrative Offenses, part 1. And then the bailiffs who carry out the decision to recover funds will begin to deal with this issue.

What are the consequences:

double fine, but more than 1 thousand rubles.
arrest.
social work.

In case of delay with subsequent payments, only a double fine will be charged, but if there is a malicious further unwillingness to pay, the driver may be arrested or sent to community service.

Retake stages

A driver can be admitted to the test only after passing a check using electronic databases. The citizen submits his data and documents, which are checked by the traffic inspector. The result of the application is the issuance of a permit with the place, date and time of the examination. Registration can be made through State Services.

The next step is preparation for the inspection. This step should take no more than 20 minutes. During the allotted time, the identity of the citizen is established. The testing itself is carried out on an automated workstation, which is a computer with programs.

Expert opinion

Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

Ask a Question

Before the exam begins, the test taker will see his data, after which he will receive a version of the questions given to him. If the automated workstation turns out to be faulty, the person will be redirected to another computer. Test results on faulty equipment will not be counted.

The duration of the exam is 20 minutes. During this time, the citizen must answer twenty tasks in four blocks. Depending on the complexity of the section, the number of options will vary from two to five.

Once the test is completed, the result will be shown on the screen. All errors will be shown as comments with the correct answer. The data obtained is entered into the protocol and examination sheet, which must be signed by the driver.

Registration of the exam result takes about 10 minutes. The resulting assessment is sent to automated electronic databases. The driver does not receive a document confirming passing the exam. When issuing a driver's license, information will be taken from electronic databases.