How to surrender a driver's license to the traffic police after deprivation of rights by a court

One of the types of sanctions under the Code of Administrative Offenses of the Russian Federation includes restricting the ability to drive a car for a certain time. It is used when the person behind the wheel has seriously violated the traffic rules. Restriction on driving may last from 1 month. up to 3 years. The period depends on the type of violation. How and when to hand over your license to the traffic police after your license to drive a car has been revoked by a court is described below.

The term "driver's license" or "licence" is often used colloquially. This article uses the abbreviation “VU” – driver’s license.

Only a judge can deprive a driver of a driver’s license in the manner regulated by the Code of Administrative Offenses of the Russian Federation. The process of deprivation of a temporary residence permit contains several stages.

1st stage. A protocol is drawn up

It can be schematically described as follows:

1. The driver violates traffic rules.
2. The inspector identifies a violation.
3. Stops the car.
4. If such actions are subject to liability under the Code of Administrative Offenses, expressed in the deprivation of a license, a protocol is drawn up (Article 28.3 of the Code of Administrative Offenses of the Russian Federation, Order of the Ministry of Internal Affairs dated March 2, 2009 No. 185 - Regulations, paragraph 109).

The protocol contains:

1. Date of the offense.
2. Time.
3. Place.
4. Information about the inspection employee.
5. Driver information.
6. The essence of the offense.
7. What is violated – from the inspector’s point of view.
8. Article of the Administrative Code.

Based on Art. 28.2:

• Inspector – explains his legal rights to the driver.
• The driver enters into the protocol:
• explanations;
• objections.

Additionally:

The alleged violator also has the opportunity to request that the case be considered at his place of residence - this can also be reflected in the protocol (Article 24.4, Article 29.5 of the Code of Administrative Offenses of the Russian Federation; Regulations, paragraph 113).

Attention! When the petition is granted, the case is submitted for examination to the court at the place of residence of the alleged offender. In most cases, requests from people living far from the scene of the incident are satisfied.

In accordance with the norm of Art. 28.2, signatures on the document are placed:

• inspector;
• driver;
• witnesses.

From 09/01/2013, the holder of the document is not confiscated by the inspectorate employee (Article 1 of the Law dated 07/23/2013 No. 196-FZ).

How to give it away correctly?

When handing over your license, you must have proof of this. Most often, when accepted into the traffic police, you:

• or put a mark of acceptance in the second copy of your application if you submit it in writing,
• or they give an act of transfer of a driver’s license (the name of the document is not regulated by the legislation of 2021, and therefore it may be different, but the essence does not change).

Be sure to make sure that you have a document confirming the delivery of your driver's license with a stamp and signature of a traffic police officer. Otherwise, when you receive a license at the end of the period of deprivation, you may be in for a surprise with an interrupted period of deprivation.

2nd stage. Papers are sent to the judge

The protocol must reach the judge within 3 days from the date of preparation (Article 28.8). In such situations, this is the magistrate located at the place where the offense was committed. But if the above-mentioned request is satisfied, the documentation is transferred to the judge located at the place of registration of the person who was driving (Article 29.5).

The evidence base is attached to the protocol:

• report;
• incident diagram;
• acts;
• photos;
• video.

The procedure for returning rights after deprivation in 2021

The motorist needs to prepare in advance for the return of his license. This procedure must be preceded by:

• full repayment of administrative fines imposed by the traffic police;
• preparation and testing of theoretical knowledge of traffic rules in a specialized traffic police service;
• completing and submitting the required documentation to the State Traffic Inspectorate.

The list of documents provided to the traffic police to obtain a driver’s license includes the preparation of the following papers:

• certificates from a medical institution in form 003-В/у;
• photocopies of passport;
• court order to confiscate the certificate;
• receipts for payment of fines;
• exam card with a pass mark;
• applications for the return of the certificate.

Admission to the exam is made upon submission of an application from the motorist to the same authority where the driver's license was handed over. But the certification procedure must begin no earlier than fifteen days before the end of the assigned sentence. In 2021, the exam is characterized by the following features:

• the possibility of delivery at any of the departments of the State Traffic Inspectorate at the request of the driver;
• registration for certification is provided through the State Services portal;
• the list of questions does not include provisions not related to traffic rules;
• the examinee must provide at least eighteen correct answers out of a total of twenty questions;
• There is no limit on the number of retakes in case of failure, but repeated access to the re-examination is allowed only after a week.

The documentation is submitted to the department where the license was surrendered. If the owner wishes to receive them in another department, he must, one month before the end of the sentence, send a corresponding petition to the traffic police department at the location of the surrendered license.

3rd stage. Trial

Actions of the judge:

1. Receiving materials.
2. Accepting them into production.
3. Appointment of the place and day for the consideration of the case.
4. Driver notification.

Typically, a court hearing takes place in the presence of the person being held accountable. But if he does not come, the judge makes a decision in his absence - with proper notification of the place and time.

Attention! Participants in the case, witnesses, and involved experts are notified by letter (necessarily registered, providing notification of receipt), summons, telegram, telephone message (Article 113 of the Code of Civil Procedure of the Russian Federation).

During the investigation, the driver has the opportunity to:

• study materials on the case;
• make explanations;
• present evidence;
• ask for it to be reclaimed by the court;
• make a statement to challenge the judge;
• attract a defender;
• challenge a court decision.

Important! It is not his responsibility to prove innocence. He is not considered an offender until this is proven in the proceedings by the opposing party. Doubts arising during the meeting are interpreted in favor of the driver (Article 1.5, Article 25.1).

Based on the results of studying the materials, the judge accepts (Article 29.9):

• decision on the need for punishment;
• termination of consideration of the circumstances of the incident.

Paperwork

Passing your driver's license alone is not enough. The driver is required to submit an application in two copies. One goes to the traffic police, the other remains in his arms. Thanks to it, you will be able to confirm when you receive a new certificate that you handed over the old one.

Some drivers whose driver's license is expiring are trying to cheat in this situation. According to the law, due to a gross violation, they must surrender their ID. They don't do this and pretend to lose the document. After some time, when they need to get a new ID, they ask to be issued a new document. By doing this, the driver risks facing more serious sanctions. Since the database will still not have a mark that the previous documents were submitted on time, the traffic police officer will easily see this.

In this case, the violator faces the consequences provided for in paragraph 2 of Art. 12.7 of the Administrative Code, in the form:

• fine – 30,000 rubles;
• compulsory work – 100–200 hours;
• administrative arrest – up to 15 days.

Can it be sent by mail?

The option of submitting a driver's license by mail is possible . But it is recommended to meet several conditions.

1. The document must be sent by registered or certified mail.
2. Make an inventory of the investment.
3. Issue a notification.
   When the letter arrives at the traffic police, you will be notified that the letter has arrived.
4. Usually, when submitting in person, an application addressed to the head of the department is required. When submitting documents by mail, this is excluded. But in any case, the inspection must note in its database that the document has been submitted. After this, the countdown begins for the period for which the offender is deprived of the right to drive.

What are the deadlines for submitting to the traffic police?

The driver must hand over his driver’s license to the traffic police within three working days after the court’s decision. After submitting the document, the countdown begins for the period for which the driver is deprived of his license.

Does a violator have the right to drive a vehicle after being detained by a traffic police officer?

After a court decision, the motorist has 10 days before appealing this decision . Plus there are three more full working days to submit the document. The driver has another 13 days when he can use his vehicle.

Read about when it is appropriate to file a complaint against a magistrate’s decision to deprive a driver’s license here, and from this material you will learn about how long you can legally drive a car without documents.

What do you need to have with you to take the exam?

There is no need for a large package of documents when applying for a driver’s license.

The citizen is required to:

• a copy of the court order;
• driver's license;
• application to the traffic police (which is written upon delivery).

Statement

The application written to the traffic police is not anything complicated. It is no different from any other application to any authority. It consists of a header, the text of the statement, a date and a signature.

You will need a copy of the court order to complete the contents on the application. From there you should write down the details of the judge (the full name of the precinct where the judge works), the number and date of the decision (we talked about where to find the court decision on deprivation of a driver’s license on the Internet here). From the driver's license, you transfer only its number to the application.

Don't forget to put a dash in the form of the letter "Z".

Features of filling out the application:

1. You need to find out the name of the employee to whom the application will be addressed. Usually the application is written to the head of the traffic police department; you can check his name and official titles in the inspection department.
2. In the upper right corner of the header, it is also indicated from whom the application is addressed. The applicant's full name and place of registration are written. You can also enter your passport details.
3. After the word “statement” in the text you need to reflect the essence of your appeal.
4. Place the current date and signature below the application.
5. Be sure to fill out a second copy of the application.
6. Before submitting your application to the traffic police along with your ID, ask the employee to put a mark on the copy of the application for receipt of your document. If you lose the document, you will have confirmation that you have handed in your ID.

4th stage. Actions of the violator

When a judge makes a decision to temporarily confiscate a driver’s license, it can be appealed to a higher authority within 10 days from the date a copy was delivered to the driver (Article 30.3).

When a decision is not appealed, it takes effect after the period for appeal has ended. The missed time is restored by sending a petition to the court (Article 31.1).

Until the judge's decision becomes legal, the right to drive is retained.

In continuation of 3 work. days from the moment the resolution became legal, the driving license must be submitted to the traffic police. In a situation where the driver's license is lost, you need to write a statement about it - also to the traffic police. The period of deprivation of the driver's license begins to run from the date of receipt by the inspectorate (Article 32.7).

The driving license is handed over to the nearest traffic police department in person. To record this fact, you need to write an application in 2 copies so that the traffic police officer puts an acceptance mark on one of them.

The application must indicate:

1. To whom it is addressed (full name, position of the head of the traffic police department).
2. From whom (full name, other passport details of the applicant).
3. His address.
4. Full name of the judge.
5. Details of the resolution.
6. Request to accept the VU.
7. Its details: series, number, category, by whom and when issued.
8. Date of.
9. Signature.

Attention! The inspection officer's note must include:

1. Date of acceptance of the document.
2. Job title.
3. Signature.
4. Its decoding.

When a vehicle is driven by a driver deprived of a driving license, he faces one of the following types of sanctions (Article 12.7):

• fine - 30 thousand rubles;
• arrest – from 1 to 15 days;
• community service (100-200 hours).

The legislative framework

For most motorists, changes in legislation go unnoticed , so a frequently asked question when depriving a driver’s license is where to submit the documents and how to do it correctly.

Here you need to pay attention to Art. 32.7 of the Code of Administrative Offenses of the Russian Federation “Calculation of the period of deprivation of a special right.” There you can find the most reliable information regarding how and where to obtain a driver’s license, and what is needed for this.

1. Within three working days from the date of entry into force of the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right, the person deprived of the special right must submit documents.
2. If a person deprived of a special right evades submitting a document, the period of deprivation of the special right is interrupted (read our material about what will happen if you do not submit them after deprivation of rights).
3. The period of deprivation of a special right begins from the day the person surrenders or withdraws the relevant certificate or other documents from him, as well as the receipt by the body executing this type of administrative punishment of the person’s statement about the loss of these documents.

Where should you transfer if you have been deprived of your driving license?

ATTENTION! The driver is expected to be voluntarily present at the traffic police station to hand over his driver’s license.

The offender must understand that he has lost the right to drive a vehicle . And that his rights are withdrawn solely to ensure his preventive measure. He must complete the actions of submitting documents independently and he is responsible for this. No one will put the car owner on the wanted list and take away his documents.

If a driver has never encountered such a punishment since 2013, then he may not know the procedure itself. This can be clarified on the federal website of the traffic police. There is a section with answers to questions. And it is indicated where the documents are submitted.

• magistrate's Court;
• traffic police department.

Most often, after a court hearing, an authorized official explains to the accused where to surrender his license. However, the practice of Russian courts shows that many violators are not present at the trials. The main reason may be that the car owner violated the rules in another region.

When clarifying the question: is it possible to take a tertiary education at the place of residence, the following was revealed. In order for the trial to be held at the place of residence, the offender must submit a petition when drawing up the protocol (you can find out how to write a petition not to deprive a driver’s license, and also see a sample request to the court and the traffic police here). If the driver did not take this fact into account, then you should contact the traffic police department at your place of residence.

The question of which department the certificate is submitted to is decided by the court . This can be either a unit at the place of residence of the person who violated the rules, or at the place where the protocol was drawn up. The latter option can be done in any region.

How to return rights

In order to return the driver's license after the period of deprivation has expired, you need to do the following.

Step No. 1. Decide on the end date of the restriction period

The calculation of the period begins from the date on which the court decision acquired legal force. As stated above, it takes effect 10 days after receipt by the violator.

Example.

The court hearing was held on April 20. The decision was received on April 25. The term of imprisonment is 5 months. The decision comes into force on May 5. The first day of the deprivation period is May 6. You can pick up your ID on October 6.

In Art. 32.7 states that: when the driver has not surrendered his license after being deprived for 3 days; when the driving license is lost and this is not reported to the traffic police also within 3 days, the restriction period does not begin to run (Article 32.7).

Step #2: Pass the exam

Starting from 09/01/2013, the driver's license is returned only after passing an exam on knowledge of the Traffic Rules (Article 32.6). To do this, you will need to write an application no later than 1 month before the end of the deprivation period. It is sent to the same traffic police department where the driving license was sent. You can complete the test no earlier than 15 days in advance. before the period of deprivation comes to an end.

Is it necessary to take a VA if deprived?

Yes . The procedure for depositing a driver's license during the period of disqualification is a legal requirement. Let us recall that a few years ago the driver’s license was confiscated by a traffic police inspector, but the regulations have changed. Current rules dictate that deprivation of rights as a punishment for violating traffic rules can only be applied by a court .

Articles 32.6 and 32.7 of the Code of Administrative Offenses of the Russian Federation directly indicate that the certificate, after the relevant court ruling has been issued, must be transferred for storage for the entire term of the sentence.

The license is returned after this period after passing the traffic rules theory, passing a medical examination (for drunk driving) and paying all the necessary fines.

Useful information for the driver

• If a foreigner is deprived of the right to drive a vehicle on the territory of Russia , then he usually does not hand over his driving license and leaves with it for his homeland. But at the same time, the countdown of the sentence does not begin and the next time the foreigner visits the Russian Federation, he will not be able to drive.
• In cases that imply imprisonment for the violating driver (according to Article 264 of the Criminal Code of the Russian Federation), the LVP has the status of an additional punishment. In this case, the period of deprivation of rights will begin to expire from the day the main punishment ends (if the driving license is passed).

For what violations are rights deprived?

So, you can receive punishment for the following offenses in the field of traffic rules and other legislative sets of norms.

There are many reasons for which a driver’s license may be revoked.

Table 2. Reasons why a driver may be deprived of his license

Federal Law No. 196 Article 28. Grounds for termination or suspension of the right to drive vehicles

Deadlines

The court determines the punishment and period of suspension from driving. The deadline for submitting a driver's license after a court decision is determined. After the trial, you have ten days to appeal the decision if there are compelling reasons. Then you must submit the VA within three days, otherwise the calculation of the period of deprivation will be interrupted.

Due dates

Even after the trial and decision, you can still enjoy driving for a short time. Ten plus three is how many days you can drive after a court decision to deprive you of your license in 2021. Ten are given for appeal and three days after the final verdict.

If you don't submit it on time

Nothing fatal will happen. It’s just that you won’t be able to drive anyway, and the end date of your punishment will shift. You will have to wait longer for the restoration of your rights, exactly as long as the VA is passed later.

If the period of deprivation of rights has ended, but the rights are in hand, you still cannot use them, since the court decision has not been executed. In this case, they will assign the same term, plus they may imprison you for 15 days. In this regard, there is a direct interest of the violator himself to keep track of time.

Where can I submit my driver's license?

In most cases, the deprivation order does not indicate the department of the State Traffic Inspectorate to which the driver must transfer the license for storage, and this causes many problems. It is especially difficult for those whose place of registration, actual residence and commission of an offense is located in different regions. The law also does not stipulate which of these parameters should be used to select a traffic police department.

You need to find out the address where you need to take your driver’s license directly at the court hearing. The traffic police department responsible for storing the document is appointed by the court, and the driver has the right to file a petition to choose the most convenient department for him. If it is not possible to attend court, you can turn to the services of a legal defender. The driver also has the right to file a petition for a court hearing at his place of residence. This must be done directly during the registration of the offense.

If all of the above opportunities were missed and the driver already has a deprivation order in hand, which does not indicate the address for handing over the license, then you will have to independently contact the nearest traffic police department. If the document is not accepted, then you can ask what address to contact.

Punishment for failure to submit

Where can I submit my driver's license? If a license is revoked, the violating driver may keep the relevant document in his possession. How long? Until the order issued in court takes effect. After this, you will have to submit your driver’s license to the traffic police within three days.

What are the consequences of not reporting to the traffic police in a timely manner? This is a gross violation. If a citizen does not surrender his driver's license after it was revoked, he will have to face some sanctions.

Among them are:

• arrest for 15 days;
• fines up to thirty thousand rubles;
• compulsory work, up to two hundred hours.

Today, catching a violating driver is not so difficult. Traffic police officers can catch a driver behind the wheel and force him to visit the traffic police.