How to get a license after deprivation: the procedure for obtaining a driver's license

There are several serious violations of traffic rules, for which a court decision can deprive the violator of his driver's license.

Those motorists who do not commit serious offenses on the road need not be afraid of deprivation. Exceeding a couple of tens of kilometers per hour, parking on the lawn, or failing to let a pedestrian pass at a crossing are not grounds for taking away your driver’s license.

Let's figure out why a driver's license can be taken away in 2021, and for how long the court can decide to deprive a 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.

Is it possible to shorten the term or avoid deprivation of rights?

It is difficult to shorten the period. Theoretically, the time of deprivation can be reduced if there is a “fork” - for example, the rights are taken away for a period of one to three months. But it is not advisable to go through the courts for two months in order to reduce the term to one. There are precedents when citizens reach the Supreme Court and there the decision is completely overturned. But this only applies to long periods - 1.5–2 years.

Avoid deprivation. Some violators try to avoid punishment by ignoring subpoenas. If you simply don’t come to the hearing, the judge will make a decision and still deprive you of your rights.

Sometimes the court sides with the driver and changes the punishment, if possible by law. This happens if the driver proves in court that work related to driving is the only source of income. For example, the financial situation of the family or the expensive treatment of the child depends on this.

Alexander Torvard, auto lawyer In my practice, there was a precedent when the judge changed the punishment: instead of deprivation of rights for a year, he gave 15 days of arrest. The article on leaving the scene of an accident allowed this. The fact was that the driver worked as a taxi driver and had three dependent children. The court also took into account that the citizen had not been deprived of his rights before.

The procedure for obtaining rights after deprivation of a driver's license

Since it is believed that the driver violates traffic rules, including due to dishonest study of them, the one who has taken the path of correction will need to re-prove his competence and pass a theoretical exam. You can be certified an unlimited number of times, it’s absolutely free, the main thing is that at least a week has passed after each attempt.

If the license is confiscated due to driving while intoxicated, you will also need to confirm the absence of alcohol or drug addiction - obtain a certificate from a narcologist. You must visit a medical institution for examination no later than one month before returning your license.

You can contact not only the traffic police department where the protocol was generated, but also any other in Russia (this is relevant, for example, when moving), but you need to understand that sending the documentation by post will take some time.

Then you will need to collect a small package of papers, pay off debts on fines in advance, and also close all existing enforcement proceedings. If everything is done correctly, and the driver applied to the exact department where the certificate is currently located, then receiving the “crust” itself will take no more than one day.

The traffic police stores all information for no more than three years, regardless of the period for which the driver’s license was deprived. If after three years the owner has not returned to collect his card, it is simply disposed of.

If a situation arises that the car owner is not in the country or in the city, and sending by government agencies by mail seems too long, then you can issue a power of attorney (notarized) to a third party. The representative will be able to pick up the driving license, provided that the violator passed the examination tests in person.

Reasons for revocation of a driver's license

Before you figure out how to get your driver’s license back after deprivation, you need to talk about the reasons for losing it. And the reason must be serious. The procedure itself is quite new. They first started talking about her in 2014. Before the law was adopted, it was revised many times, rejected, modified, and more. Thus, by 2015, only a few provisions had been adopted. Moreover, they remain relevant by 2021.

According to current conditions, if a person has been relieved of his driver’s license, it is possible to return it by issuing an early return. But much depends on the reason for which the deprivation of rights occurred. That’s why let’s first figure out why deprivation of rights can occur. Among the main reasons for deprivation of a driver's license may be the fact that the driver was driving a vehicle that does not have a license plate. For example, if this license plate was removed or was not issued at all, then the car cannot be identified. Also, the problem with identification is associated with fake license plates, and if the fact of forgery is detected, the driver also faces deprivation of his license.

A driver who drives a vehicle painted to resemble the vehicles of special services or government agencies may be deprived of his license. For example, if an ordinary car is painted to look like a police vehicle and more. The driver faces exactly the same punishment if his car has prohibited special equipment installed. signals. For example, you will have to issue an early return of your driver’s license after revocation if prohibited lighting devices, such as red flashing lights, etc., were installed on the car.

The wrong direction of movement is grounds for deprivation of rights. For example, if a person’s entire driving experience did not contribute to what he remembered, the car does not drive in the oncoming lane. The license will also be revoked if the driver violates the rules for crossing railway tracks. For example, he crossed the road at a time when the brake light was already on and crossing the track was dangerous. If the vehicle is carrying cargo for which there is no permit (in cases where such a permit is required).

Drinking is a kind of stop signal for driving. If you are caught driving after drinking, losing your driver's license is the least that can happen. The same restrictions exist for drivers not only under the influence of alcohol, but also under the influence of drugs. This is important because a person in a state of intoxication cannot fully control his actions, and therefore threatens not only his personal safety, but also the safety of other road users.

In addition, a license can be revoked even if the driver voluntarily handed over control to another person who was in a drunken state. Rights are also revoked if a person refuses to take a blood alcohol test. If a driver fled the scene of an accident or caused harm to the health of a passenger, pedestrian or other road user, he faces a long-term deprivation of his license.

The standard period for which a person loses his driving document for minor offenses is from a month. But there are many situations where drivers will not be able to drive for several years. The maximum term of imprisonment is 3 years. When early return of a driver’s license after revocation is necessary, it’s not difficult to figure out. For example, if the deprivation period is short, there is no point in trying to return the document ahead of schedule, since by the time the proceedings are over, you will already need to pick up the document. It is a completely different matter if the deprivation includes a driving ban for several years. You can apply for early return of rights even if the period is only three months.

True, there are some offenses that the law treats harshly. In such situations, early return of rights is out of the question. In particular, this applies to cases where drivers have been deprived of their licenses for malicious violations, drunk driving, or if they refused to undergo examination by specialists. In these situations, the driver will be forced to feel the full extent of the punishment.

Changes in the law on the process of obtaining rights after deprivation

The most serious amendments to the relevant legislation were made back in 2013-2014, since then some points have been periodically supplemented or rewritten. The legal framework was last edited in 2021.

The main regulatory document that regulates the process of deprivation and restoration is Resolution No. 1191. Here is what is fundamentally new in it during this period:

• A traffic police inspector does not have the right to take away a driver’s license without a special court order. Even if there is one, the driver must voluntarily bring it to the department and sign the appropriate papers;
• you must retake the theoretical exam, even if you have been deprived of your driving permit for 2-3 months;
• it became necessary to bring a certificate from a narcologist if restrictions were imposed for drunk driving.

Passing the traffic police exam

If you are wondering how to get your driver's license back, the first thing you need to do is prove that you know the traffic rules by passing the appropriate exam . Re-passing the test takes place in the form of a test, which is almost identical to the test that the driver took in a driving school.

You will take the exam test on a computer. The test consists of twenty questions to which you will be required to give correct answers. Please note that the tickets are not the same as those given during testing, which everyone who took the exam for the first time took. The questions were originally developed for people who have lost their rights due to a violation.

For example, in the issues under consideration, topics are often raised about how to overtake correctly or not provoke other violations. Almost all questions related to first aid are excluded, and in these tickets you will not find information about the design of the car, etc. You have 20 minutes to complete the test of 20 questions. With the expectation that one minute is allotted for one question. To consider the test passed successfully, you must answer all questions correctly. The maximum allowed number of errors is two.

Even if you fail to pass the driving test, you can retake it an unlimited number of times until you get the required number of points . You can start taking the test again within a week after an unsuccessful attempt.

If everything was done correctly, the test results will be included in the database within 15 minutes. The driver himself cannot receive the results of the test, but he can receive a special card with which he can go to the archives. Your license is stored in the archive, so it will be issued on the spot. Just do not forget that in addition to the card with the results of the examination tests, you must also bring the documents indicated above.

How to obtain rights after their deprivation - conditions

There are several requirements for a car enthusiast who wants to return the driver's license:

• their timely delivery to the traffic police department. If you do not do this and simply leave the “crust” with you (even if the driver does not drive), the execution of the court decision will be suspended, that is, the “countdown” will not go on.
• the motorist was not noticed by state traffic inspectors driving a vehicle during the restriction period. Otherwise, the rights will not only not be returned, but the period of their withdrawal may be extended, and these sanctions may also be supplemented with large fines;
• passing the exam - only the theoretical block is taken into account. No practice required;
• collection of the necessary package of documents.

What else needs to be done to get your driver's license back?

Early return of a driver's license after revocation is a complex procedure that involves not only passing an exam, but also other steps. In particular, the violating driver must pay all fines imposed on him. If there is at least one violation that has not been compensated, the document will not be returned, even if the exam is passed successfully.

The problem is that for some reason a person may not know that he has a driving fine, and therefore will not pay it. In this case, it is recommended to check the availability of the imposed sanctions on the official Internet resource of the traffic police. You can pay remotely using Sberbank or the State Services website. When all fines and other sanctions have been paid, you can contact the traffic police archive, where the selected document will be returned. Moreover, if all debts are covered, you can get your documents back on the same day that you pass the exam. Without unnecessary bureaucratic legwork.

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.

Is there a statute of limitations for bringing a case of deprivation of rights?

For serious violations - one year. The statute of limitations for prosecution is one year. It is valid for the driver in case of one of the violations:

• drunk driving;
• refusal of a medical test for intoxication;
• use of alcohol or drugs after an accident before the police arrive;
• violation of traffic rules resulting in mild to moderate harm.

If a citizen has not been brought to justice within a year, he will no longer be able to deprive him of his rights for these violations.

For others - three months. For all other articles of the administrative code, the period for bringing to justice is three months.

Maximum terms

Important time limits:

• three days - during this time after the verdict (if there was no appeal), the driver is obliged to hand over his driving license to the department;
• one day - as a rule, it is no longer required to find and give the card. That is, the car enthusiast has the opportunity to get behind the wheel on the same day of application;
• three years is the maximum storage period for certificates from the date of their delivery;
• half of the established period of deprivation - after this you can start collecting documents and taking a theoretical exam.

What violations can lead to deprivation of rights?

As a rule, a driver's license is revoked if the car owner gets behind the wheel drunk or does not want to take a sobriety test. Here are a few more violations for which rights are deprived; see the full list in a separate article.

The inspector cannot deprive the rights - the judge does this. If the court deprives the driver of his license, the violator takes the plastic card itself to the traffic police. It must be submitted to the department whose employee drew up the protocol on the violation. At the request of the defendant, the court may allow the surrender of the license at the place of residence.

The only case when the license can be terminated right on the road is a debt to the bailiffs in the amount of more than 10,000 rubles. The document will not be taken away, but the car will be sent to the impound lot.

How much does a return cost?

There is no state fee for the procedure; it is only needed when re-issuing, for example, if the license has expired at that time. The state duty for issue is 2 thousand rubles. When paying through the State Services website, a 30% discount is provided.

The examination committee also works free of charge. Thus, you will only have to pay for the medical examination - it can cost on average from one to two thousand rubles. A certificate from a narcologist costs about 400-500 rubles, depending on the medical institution.

Another expense item is payment of all existing fines. If they are not repaid, inspectors may refuse to return the DS.

Is it possible to return the “crust” back ahead of schedule?

The law does not provide such a possibility, but drivers are allowed to file a petition to challenge the court decision. This is true when you are sure of your innocence or have mitigating circumstances, such as a very good reason for speeding. Challenging is also relevant when procedural violations are found. But only a lawyer can help you win in such a case.

How to speed up the process:

• take the exam ahead of schedule - you can take the test for the first time after half the period of deprivation of rights;
• collect the entire package of documents in advance;
• contact the exact branch where your card is stored, otherwise you will have to wait for shipment.

But even these methods will not help you legally get behind the wheel earlier than the specified punishment.

Receiving a revoked driver's license before the due date

Deprivation of a driver's license occurs only if there is a court decision. Therefore, it is very important that the offender takes part in the meeting and does not refer to his driving experience. During the hearing, you can try to challenge the decision, since the absence of the defendant will not prevent the judge from imposing the most severe punishment on the driver. An exception may be for good reasons, but they do not guarantee that the person will be acquitted.

Also, the judicial procedure cannot deprive the driver of his license if the driver has not undergone a medical examination, since the accusation will be based only on the words of the inspector, which is not enough. If there are violations, you can return your rights early. But only if the court gives permission for this. Having a court decision allows you to obtain the right to return your driver's license.

To do this, contact the traffic police department where the document is stored, write an application for receipt, pass the exam and, based on its results, you will return your license. It is also necessary to prepare the necessary papers and pay the fines that the citizen has accumulated. If the court makes a decision that the driver does not like, he can appeal it within 11 days.

Responsibility for driving without permission

If you still decide not to limit yourself on trips when you no longer have a driver’s card in your hands, then after being stopped by a traffic police inspector, the following awaits you:

• fine 30 thousand rubles;
• arrest for 15 days or community service;
• evacuation of the car to the impound lot.

Worse, if the driver decides to falsify a document, then he faces imprisonment for up to two years.

In the material we described how and where to pick up your rights after the expiration of the deprivation period. To reinforce the topic, we suggest watching the video:

How to appeal a court decision

The citizen receives a duplicate of the court decision within 5 days from the date of the decision by registered mail. If you do not receive the letter and do not sign for its receipt, the period of deprivation will begin from the moment the letter is returned back to the court.

Within 10 days after receiving the court order, file a complaint with a higher court. The complaint must be filed through the judge who made the order. Within 3 days, the judge will transfer the complaint with all materials to a higher court. If the case was considered in the district, it will be transferred to the city.

The complaint will be considered within a month from the date of filing.