In order to legally drive a car, a citizen needs to obtain a special right to drive motor vehicles. To do this, you will need to reach a certain age (18 years old for driving cars, 21 years old for buses, etc.), pass exams and pass a medical examination (Part 2 of Article 25 of Federal Law No. 196 of December 10, 1995). The acquired license can be confirmed with a driver’s license (Part 4 of Article 25 of Federal Law No. 196), which is valid for 10 years from the date of issue.
Amount of fine for expired licenses in 2021
According to ab. 2 hours 1 tbsp. 28 Federal Law No. 196, if the driver’s license has expired, then the citizen loses his right to drive vehicles.
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Since this right is lost, the citizen is equated to those citizens who have never had a driving license in their lives - that is, did not study at a driving school, did not pass the relevant exams at the traffic police, etc.
Therefore, in 2021, a driver with an expired license is attracted on the same basis as individuals who have never had a driver’s license at all, that is, under Part 1 of Art. 12.7. Code of Administrative Offences.
The fine for expired licenses in 2021 ranges from 5,000 to 15,000 rubles.
Cases regarding the imposition of a fine for expired rights are not referred to the court (parts 1 and 2 of Article 23.1 of the Code of Administrative Offenses). That is, the imposition of punishment for driving with an expired driver’s license is carried out by the internal affairs bodies (stat. 23.3.) represented by:
- traffic police chiefs (their deputies);
- commanders of a separate company or battalion of traffic police (their deputies).
The specific amount of the fine for expired licenses in 2021 (5000, 6000, 7000, and maybe all 15 thousand) is determined by the above-mentioned traffic police officers in accordance with the principles of fairness and reasonableness, the financial situation of the perpetrator, the circumstances under which the violation was committed, mitigating circumstances, aggravating factors, etc. (Article 4.1 of the Administrative Code).
Driving tests and rehabilitation
Do I need to take any driving tests when reinstating my driver's license due to its expiration?
In general, an appropriate certificate is sometimes required. For example, if a person receives a new driving category and puts it on his license. If the document is returned after deprivation, you will have to pass the theory.
Delay, as well as replacing a license after the expiration of the term, does not require the driver to take either theoretical or practical exams. That is, you can get rid of this procedure.
If a traffic police officer requires a training certificate, you are allowed to file a complaint against him. After all, this kind of demand has no legal basis.
Normative base
The legal basis for imposing penalties for driving with an expired license in 2021 consists of the following legislative acts:
- Code of Administrative Offences;
- Federal Law No. 196;
- Government Decree No. 1097 of October 24, 2014 (stating that the VA must be replaced after the expiration of its 10-year validity period, as well as on the documents provided for the purpose of replacement);
- Order of the Ministry of Internal Affairs No. 995 of October 20, 2015 (on how the state service for replacing a driver’s license is provided);
- clause 43.1. Part 1 Art. 333.33. The Tax Code of the Russian Federation - on the amount of the state duty for replacing the VU for all reasons (including upon expiration), which in 2021 is 2000 rubles.
Medical examination to receive the service
Is it always necessary to undergo a medical examination to restore a driver's license? The answer is not as simple as it seems.
The thing is that when exchanging driver's licenses in Russia, a medical report of the established form is sometimes required. And in Kazakhstan as well. But recently, a medical certificate has been required to be presented to the registration authority in exceptional cases.
It is mandatory to go through a commission in Russia if a person is overdue for a driver’s license replacement. According to current legislation, if the paper being studied is restored after expiration, delay, or due to a change in health status, you will have to undergo a medical examination. It costs about 5,000 rubles.
What can you say about the residents of Kazakhstan? In the situation under study, they will also have to prepare in advance a certificate of health of the established form. Otherwise, the provision of services will be denied on legal grounds. Unfortunately, this practice does occur.
When are rights already considered expired?
In paragraph 4b of the front side of the national Russian driver's license, issued according to a single form presented in Order of the Ministry of Internal Affairs No. 365 of May 13, 2009, the expiration date of the validity period of the driver's license is indicated.
On the next day after the specified date, the rights will already have an expired status. For example, if paragraph 4b states May 12, 2021, it means that starting from May 13 it is illegal to drive with this license. If stopped by a traffic police inspector, there will be every reason to impose a fine for an expired license from 5 to 15 thousand rubles.
Lawyers' recommendations
Trubinov Denis: “Many drivers believe that when replacing a driver’s license due to its expiration, it is necessary to retake the exam. However, this is just a misconception, so there is simply no reason to delay replacing the document.
Today, according to Government Decree No. 1097, the term of study is extended without passing a theoretical exam. However, there are indeed cases when an inspector demands a driving test, but every citizen of the Russian Federation should be aware that such a requirement is illegal. To replace your license, it is enough to have an identity document, a medical certificate, an old driver’s license and a receipt for payment of the state fee.”
Platonov Oleg: “Quite often in my practice, I am faced with a question regarding what threatens a person who untimely extended his license. In answering this question, it is important to understand that the law punishes only individuals with expired licenses who continue to drive a car.
If the license has not been replaced and the citizen does not drive, then no punishment will follow. The law does not oblige you to change your driver's license to a new one urgently. If you wish, you can not change it for many years, or not change it at all, the main thing is not to drive a vehicle during this time.”
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A person driving a car with an expired license is considered the same as citizens who drive without having a license at all. Such an action is a serious administrative offense, the punishment for which is a fine ranging from 5 to 15 thousand. rubles, depending on the severity of the violation.
How many days is it allowed to travel with an expired driving license?
Not at all. In 2021, the current legislation does not provide for any grace period for replacing rights (as, for example, in relation to the MTPL policy, which can be issued within 10 days after purchasing the car).
You should take care of replacing your driver's license in advance. Resolution No. 1097 does not say anything about how many days before the actual expiration of the driving license you can contact the traffic police for a replacement. It seems that it is not necessary to do this on the last day (you can, for example, come a week in advance).
In any case, it is possible to change the driver’s license in general long before the expiration of the term, not on the basis specified in paragraphs. “a” paragraph 29 of Resolution No. 1097, and according to paragraphs. “e” clause 29, that is, simply at your own request. But then it is important to submit a medical certificate in form 003-В/у (if you do not issue it, then the medical certificate will be issued with the same validity period as it was before, and if issued, then for 10 years).
Additional papers for the Russian Federation
What kind of documentation are we talking about? The answer directly depends on the circumstances. Is a person overdue for a driver's license replacement? We have already figured out how to restore this paper. It remains to consider only a few simple nuances of the operation.
This is also important to know:
Obtaining a driver’s license: procedure and documents in 2019
For example, what additional certificates will be required from the applicant when restoring the V/U. In addition to the previously listed components, the following may be useful:
- divorce/marriage certificates;
- court decisions;
- certificates of absence of debts on fines;
- medical report;
- certificate of successful passing of a driving test.
It is advisable to provide documents along with their copies. There is no need to certify the relevant certificates.
Fine for transferring control to a driver with an expired license
Control can be transferred:
- in most cases – vehicle owners;
- in some situations - and drivers who can legally drive a specific car (that is, have a valid license, are included in the MTPL, for example, a daughter with a valid license and registered in the policy took the car from the mother-owner for a while, and then handed it over “steering wheel” to his friend).
The above-mentioned persons are obliged to check whether they have a driver's license before providing the car to another citizen to drive . This can be done (in relation to checking the fact of issuance of a license and the fact of delay):
- on the official Internet portal of the State Traffic Safety Inspectorate (“Services”, “Driver Check”);
- by means of a written request to the territorial traffic police authority.
If the owner or driver (the one who transfers control) knew in advance that the person had no driver’s license or it was expired, then in 2021 the following will be held liable:
- the one to whom, in fact, the “steering wheel” was handed over – under Part 1 of Art. 12.7. (fine from 5 to 15 thousand);
- the one who handed over - under Part 3 of Art. 12.7. (30 thousand).
According to Part 3 of Art. 12.7. Detention of a vehicle (Article 27.13) does not apply, but it is used when identifying an offense under Part 1 of Art. 12.7. This means that the vehicle is still placed in the impound lot. However, avoiding evacuation is very simple - the one who handed over control needs to get behind the wheel and drive on (if, of course, everything is in order with his license and OSAGO policy, that is, he can drive the vehicle legally).
The fact that the owner of the car or another person who transferred control was present in order to impose a fine of 30 thousand rubles under Part 3 of Art. 12.7. does not matter, since the protocols, in accordance with Part 4.1. Art. 28.2. Code of Administrative Offenses can be drawn up in the absence of the offender (subject to his prior notification by registered mail or telegram). And it is not necessary that the drawing up of a protocol on the imposition of penalties should take place at the site of the violation - judging by Part 2 of Art. 28.5. Code of Administrative Offenses, traffic police officials are given 2 days to do this.
It is important to know that if a citizen who gets behind the wheel does not have an expired license, but is simply forgotten at home, the following sanctions are imposed:
- the one who handed over the “steering wheel” will face a fine of 3,000 rubles (Part 3 of Article 12.3 of the Administrative Code);
- and the one who sat behind him - a warning or a fine of 500 rubles (Part 2 of Article 12.3 of the Administrative Code).
Additional questions
Is there any other punishment other than a fine?
Driving with an expired license is contrary to existing Russian legislation. Despite this, you can hope for a verbal warning if you come across a compliant employee. You shouldn’t hope for such luck a second time - a fine will definitely be issued and, perhaps, not even the minimum.
Russian legislation does not provide for any other penalties other than issuing a fine. At the same time, a traffic police officer can send the vehicle to a special parking lot, guided by part 1 of article 27.13 of the Administrative Code. This decision is usually made when there is no driver nearby with valid documents. The costs of maintaining the vehicle fall on the shoulders of the owner, therefore such actions on the part of the law enforcement officer can be taken as an additional punishment.
Fine for invalid documents if you have not driven the vehicle
An invalid driver's license can only be penalized while driving a vehicle. If the owner of such a license does not use the vehicle, therefore, there is nothing to punish him for. But as soon as he gets behind the wheel without receiving a new license, at the first check by a representative of the traffic police, a penalty may be issued.
Fine for transferring control of a vehicle to a driver with an expired license
Not everything is so simple here. You cannot transfer the right to drive a car to a person with invalid documents. For such actions, a large fine is provided, which exceeds the penalty for driving a vehicle with an expired license - 30 thousand rubles. It will be issued to the owner of the car and it will be his problem, not the driver with expired documents.
One small point is key here. A fine is issued if the owner knew about the invalidity of the driver’s documents. In other words, if at the time of creating the power of attorney for the car the license was already invalid, then a fine will be issued without fail. If the validity of the license expired after the creation of the power of attorney, then the owner of the car has not violated the law and a fine will not be issued in his name.
If you forgot your license at home
According to clause 2.1.1 of the Road Traffic Rules of the Russian Federation (RF Traffic Regulations), the driver is obliged, at the request of police officers, to hand over his driving license to them for verification. It is prohibited to drive a car without having documents permitting it.
Violation is punishable by: a warning or a fine of 500 rubles (Article 12.3, paragraph 1 of the Code of Administrative Offenses of the Russian Federation).
Often, drivers whose license has expired prefer to tell the inspector who stopped them that they forgot their driver’s license at home. As proof that the car is not stolen or stolen, a civil passport, vehicle registration certificate and compulsory motor liability insurance policy are presented.
It will be possible to “reclassify” a violation into a less “expensive” one if the inspector does not search the data in the database.
GOOD TO KNOW! According to Article 12.3, paragraphs 1,3 of the Code of Administrative Offenses of the Russian Federation:
- Driving a car by a driver deprived of his license is punishable by a fine of 30,000 rubles, or administrative arrest for up to 15 days, or compulsory work from 100 to 200 hours.
- Transferring control of a car to a person who obviously does not have a driver’s license or is deprived of such a right entails a fine of 30,000 rubles . Those who do not have a driving license are subject to a fine of 3,000 rubles .
Will a fine be imposed if the driver comes to the traffic police to replace the document?
If the driver expires his license, but is not caught driving a car, then when he appears at the traffic police, he will not have to pay a fine. If it is possible not to use the car, then it is not necessary to clearly monitor the validity period of the license. You can start replacing them after the 10-year period has expired.
How to behave with a traffic police officer at the time of a stop if you have an expired license?
Judging by paragraph 84.13. Order of the Ministry of Internal Affairs No. 664 of August 23, 2017, one of the grounds for stopping a vehicle by an inspector is the need to check the documents required to be provided by drivers in accordance with clause 2.1.1. Traffic regulations, that is:
- driver's license;
- OSAGO policy;
- STS;
- in established cases - a waybill or license card.
Moreover, stops can also be made outside stationary posts.
Based on clause 89 of Order of the Ministry of Internal Affairs No. 664, after a stop the inspector is obliged to:
- approach the driver and introduce yourself;
- briefly report the reason for the stop;
- state the demand for the transfer of documents to him.
The requirement to hand over a driver's license to a traffic police officer is absolutely legal, so it is almost impossible to hide the fact of driving with an expired license. As follows from clause 1, part 1, art. 28.1. of the Code of Administrative Offenses, the discovery by a traffic police officer of sufficient data indicating the presence of an offense is grounds for initiating an administrative case.
After the initiation of the case, a protocol is drawn up on the imposition of a fine for expired rights (under Part 1 and Part 3 of Article 12.7. This is done in most cases, since the persons specified in paragraph 5 of Part 2 of Article 23.3 are often not present at the scene of the violation Administrative Code - that is, the heads of the traffic police, their deputies, traffic police company commanders, their deputies, which means there is no basis for drawing up a resolution without a protocol - Article 28.6 of the Administrative Code). In 2021, all comments can be indicated in the text of the protocol (Part 4 of Article 28.2 of the Administrative Code). Refusal to sign will not give anything - the traffic police officer will simply make the appropriate mark.
Almost nothing depends on communication with the employee (since the actions or words of the driver do not affect the procedure - they still draw up a protocol, then send it within 3 calendar days for consideration to the authorized person (Part 1 of Article 28.8.), then the case is considered in general order (Chapter 29 of the Administrative Code).
In any case, when stopped, the driver is recommended to communicate with traffic police inspectors politely and comply with all their legal orders. If the motorist is absolutely sure that he is not guilty, but the traffic police officer still draws up a report, it’s okay – after all, there is always the possibility of an appeal (Chapter 30 of the Code of Administrative Offenses).
Fine at the time of replacing an expired driver's license at the traffic police
If a citizen’s driver’s license has expired, then in 2021 there will be no fine simply for not replacing it on time. In other words, traffic police officers impose penalties only if you drive a car with an expired license. If you do not plan to drive personal transport, then you don’t have to change your license at all.
You can apply for a replacement to the traffic police without any time limit. For example, the VU expired on September 15, 2021. You can come to the traffic police on any day in 2021, 2021, 2022, 2023, and so on.
Dates of issue
How quickly can a driver's license be replaced? Whether it is overdue by 3 years or a few days is not so important. After all, as we have already found out, the length of the delay does not play a special role. There is no penalty for late replacement of a document, and the fees are the same for all citizens.
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The issuance of restored rights in both Russia and Kazakhstan takes 30 days. Usually you will have to wait that long if you contact the registration authority at your place of registration. If a request is submitted to any REP or traffic police department, a longer period for processing the document cannot be ruled out. But as a rule, a new driver’s license will be ready and issued to the applicant within a month.
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Payment of fines for expired licenses in 2021
Payment of the fine for expired licenses in 2021 can be made immediately after receiving a decision on the case. It can be drawn up:
- or immediately where the driver committed the offense, in the manner specified in Art. 28.6. Code of Administrative Offenses (this happens if a warning or fine is issued, and at the scene of the offense there is a person authorized to consider the case - and in this case, this is the head of the traffic police, his deputy, or the commander of a traffic police regiment);
- or after consideration of the case in the general manner (Chapter 29 of the Code of Administrative Offenses) (this will happen if there are no grounds for immediately issuing a decision without a protocol, for example, there is no authorized person indicated above at the scene of the violation).
Regardless of the type of decision (immediately or later), it must contain details for transferring the amount of the fine for an expired driver’s license. These are the ones you should pay for:
- through any ATM;
- with the help of employees at bank branches.
From the moment the resolution comes into force, the 60-day period allotted for payment will begin to count (Part 1 of Article 32.2 of the Administrative Code). If the payment does not reach the budget within the specified time frame, a double fine will be imposed (Part 1 of Article 20.25 of the Code of Administrative Offenses), and the case will also be transferred to the bailiffs for enforcement (Part 5 of Article 32.2 of the Code of Administrative Offenses).
Other payment methods are also possible, including without leaving home:
- Yandex. Fines;
- Tinkoff. Fines;
- Unified portal of State Services;
- official website of the traffic police;
- Fines Mail. RU;
- various unofficial sites.
Is there a discount on the fine for an expired driver's license?
In 2021, there is a discount on the fine for an expired driver's license. In part 1.3. Art. 32.2. it is said that fines for all violations provided for by any part of Art. 12.7. Code of Administrative Offences, can be paid with a 50% discount.
To have this opportunity, you need to make the payment within the first 20 days, which are calculated from the date of the decision. Please note that it is the adoption, and not the entry into legal force. Simply put, on the day the official issued it, the specified period begins.
For example, the commander of a traffic police regiment or the head of the traffic police (they have the right to impose punishments under parts 1 and 3 of article 12.7.) after considering the case in the manner prescribed by Chapter 29 of the Code of Administrative Offenses (or without consideration, if they were present at the scene of the violation - art. 28.6 of the Code of Administrative Offenses), may impose a fine for expired licenses in the minimum amount of 5,000 rubles. This means that you can transfer funds to the budget within the first 20 days in the amount of 2,500 rubles, and if you miss the specified deadline, there will be no discount.
Nuances for foreigners
The previous restriction for foreigners, which allowed the use of a foreign driver's license for only two months, has now ceased to apply. Foreign rights are considered valid until the date written on them. The state that issued this certificate must sign as well as ratify the Vienna Convention. If a driver with such a license intends to work for hire, he should check whether his country is on the permit list.
How to avoid a fine imposed for an expired driver's license
Obvious ways to avoid fines for an expired driver's license:
- just promptly change your license before its expiration;
- Before transferring control of your car to others, always ask them to provide a driver’s license and look at the validity period (and also check the validity of the license through the traffic police website).
There is another way to avoid sanctions under Part 1 of Art. 12.7. in case a citizen’s rights expired in 2021, and for some reason he does not want to change them. You can simply ride in the passenger seat of your car and give control to relatives, friends or acquaintances, first checking that they have a valid driver’s license (and adding them to the MTPL policy if it is “limited”, or simply making “unlimited” insurance).
Legislation
The procedure for granting the right to drive a car, as well as methods for confirming this right, are regulated by the federal legislation “On Road Traffic Safety”, Article 25.
It should be understood that the right to manage is given for a certain time; it can only be lost by a court decision, for a certain period or permanently. A driver's license - a laminated piece of paper - serves only as confirmation of this right. When you don’t have your license with you, the right continues to apply, only responsibility for driving a car without a license comes.
