How to get a license after deprivation: the procedure for obtaining 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.

Registration for the exam

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Pre-registration for the theory exam for drivers deprived of their license through the State Services portal is not carried out - candidates must personally submit an application to the traffic police. The application records the exact date and time of delivery. It is better to appear for the exam half an hour before the appointed time. The inspector calls the examinees in the order of registration; you won’t have to wait long in the live queue.

In case of early retake, an application for the return of a driver’s license can be submitted through “State Services”. You can also pay fees in your personal account on the portal.

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.

Do you need a medical certificate?

By law no. However, in rare cases, it is required when retaking it in cases of deprivation of rights under one of the articles for drunkenness or refusal of a medical examination. This is illegal, since the relevant regulatory act on the procedure for returning a license simply lists the conditions for the return of rights after their withdrawal. But there is no specific condition for admission to retaking the traffic rules only with a medical certificate in the legal acts for 2021.

The situation is similar with the obligation to pay all traffic police fines - this is necessary when returning your license after the expiration of the period of deprivation, but not for passing the traffic rules theory.

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.

How is the exam conducted?

For “disenfranchised” students, only the theoretical part of the exam can be retaken – these are 20 tickets with traffic situations or answers to questions. The practical part: the site and the city do not need to be handed over.

As of 2021, there is a maximum of 2 errors in one of the 40 tickets you receive at random. But for each of these mistakes, in addition to the traffic ticket, another block of 5 questions will be given, and you can no longer make mistakes when answering them.

You can see the full list of retake rules in the relevant Government Decree No. 1097.

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.

Theory retake place

The retake of the theoretical exam takes place in the traffic police department to which the VA was passed after the court ruling was issued. If this was done in another city, you have two options where to retake the traffic rules:

• go to a famous city, successfully pass the test and pick up the document;
• send to the traffic police department where the document was submitted an application with a request to send the driving license to the inspectorate at the place of your actual residence, and then take the exam in your city.

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.

How many times can you take the traffic police exam?

Since 2021, the number of attempts to retake the traffic police exam is unlimited. A prerequisite is compliance with their deadlines. Since this procedure is not subject to state duty, the frequency of attempts increases. Since the majority of cadets try to take advantage of numbers, taking advantage of every opportunity to arrive in a car rented from a driving school, this, in turn, creates a lot of congestion at traffic police stations. Therefore, cadets are advised to pay special attention to preparing for the retake so as not to waste their time and not take it away from others. Repeat all the rules again and practice on the race track.

Also read: List of mistakes in the city and penalty points for them

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.

Questions and answers about returning a driver's license

So, now let’s look in table form at the most important nuances and subtleties of the procedure for returning a driver’s license in 2021!

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 take a re-examination without registration?

Just as when obtaining a license at the place of registration from a traffic police department located in another city, you can retake the traffic rules exam and obtain a license not at the place of registration, if 30 days before the end of the punishment you send a corresponding application for redirecting your license to a convenient division of the Traffic Inspectorate.

Important! It is necessary to take into account the fact that traffic police officers use the services of the Russian Post when sending driver’s licenses. This procedure can take from one to three weeks, so it is more advisable to send the application immediately after the court decision on deprivation.

When taking the test, you must have an identification document with you.

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.

Legislation

On forums you can often find information according to which changes have occurred in the process of depriving a driver’s license. In particular, it is provided that the State Traffic Inspectorate does not have the authority to take away a driver’s license at the scene of an offense. It must be said that a person will only be deprived of a document at trial. This means that a person will be able to drive a car until the administrative case is considered by a judicial authority.

A person must have the opportunity to appeal the decision. For this reason, the legislator establishes a ten-day period for appealing such an act. Often in this case, the judge sides with the driver and returns his right to drive the vehicle. This is due to the fact that often the state inspection, or rather its employees, incorrectly state the main provisions. It is recommended that a person use the services of an experienced lawyer in this area. In such a situation, there is a high probability of defending your rights in court.

Speaking about whether it is necessary to retake a driver’s license after deprivation, the following nuances should be reflected:

1. Retesting a license after deprivation has become necessary for a person who is deprived of a document after sanctions have been applied to him. Such provisions came into force in September 2013.
2. According to the new law, deprivation of a driver’s license is considered a necessary measure in relation to administrative legislation. This measure is temporary.

When the decision made by the judicial authority has taken effect, it must be transferred to the traffic police within three days. If the driver has a revolution inside him and he wants to appeal the decision of the court of first instance, then the certificate is handed over to the traffic police after the decision of the appeal court comes into force. This method provides ten days for the opportunity to express disagreement. It is compulsory to submit your ID. It is envisaged that all drivers' rights are reflected in the database. The practice has been established in the regions that temporary documents must also be submitted in order to avoid problems.

To obtain the right to drive a vehicle belonging to a different category, you will need to pass an exam. As in the first cut, the process begins with the theoretical part. When it is passed successfully, the person moves on to the next part - practice. The examination rules stipulate that a person holding a category B, D or C will only be able to obtain an E after 12 months of driving with the specified license. If a person has the right to drive a car classified as D, and he wants to open a DE, he needs to drive with the first type of license for at least a year. Different categories are established for a certain type of vehicle.

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:

Does everyone need to retake the traffic rules when their license is revoked?

Yes. If you are deprived of the right to drive under any of the articles of Chapter 12 of the Code of Administrative Offenses, then you need to do 2 things:

• retake the theory on knowledge of the Rules at the State Traffic Safety Inspectorate,
• pay all fines issued against you - both for the driver and the owner of the car.

What violations require a retake? These 2 above conditions must be met for the most common violations that entail the withdrawal of rights:

• driving into the oncoming lane (prohibited overtaking),
• driving while intoxicated or refusing to be examined,
• driving against traffic on a one-way road,
• repeated speeding,
• causing harm to health in an accident,
• modified, hidden license plates or movement without license plates in places designated for them,
• any other violation of the Rules resulting in deprivation of a driver’s license.

Part 4.1 of Article 32.6 of the Code of Administrative Offenses speaks about this:

4.1. After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license confiscated from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after paying in the prescribed manner the penalties imposed on him administrative fines for administrative offenses in the field of traffic...