With each driver, a situation may occur on the road, as a result of which his driver's license may be withdrawn from him. After a certain time, you can return your rights. However, how exactly does this procedure take place? Is a retake necessary after deprivation of rights? What documents will be required? In which department of the traffic police is the retake? We will talk more about this in this article.
Procedure for returning a driver’s license to the owner
There may be many reasons why a driver may be deprived of his license. However, if the rights were still withdrawn, then it is necessary to pay attention to those articles of legislation that allow the former owner to regain his rights back.
It is important to know that the document cannot be seized directly at the scene by a specific traffic police officer. For this, a court decision must be issued that will oblige the driver to surrender his rights. Such a decision may be appealed within the next ten days. This is possible only on the basis of higher courts. The chances of success in this case are quite large. What is the reason for this? As a rule, the inspector interprets the wording of the driver’s guilt incorrectly, which means that the court may take the side of the latter. You have a good chance of winning such a thing. It is especially easy to return the rights in this way if they were seized from you for the first time. If the court rejected the claim, then you must give the certificate no later than three days after the decision was announced. What awaits a driver who ignores this requirement? Of course, the law provides for appropriate punishment.
Experts recommend not provoking the occurrence of conflict situations and comply with existing requirements. This will not allow to aggravate an already difficult case. If the driver ignores the requirement to return the certificate, then the mandatory punishment prescribed in the legislation will not take long. So, for example, a period of deprivation of rights will be stopped. Thus, the deadlines will be artificially extended.
When you submit your documents, you will receive a special document that will legally record the fact in question. It must be saved. It is also advisable to have a copy of the court order with you.
How to calculate when exactly you can get your rights back? It is necessary to add ten days (the time period in which the driver can appeal the decision) to the date when the court order was issued, as well as the sentence that the court ordered. You will receive a specific date. After its onset, you can return the coveted driver’s license.
Required documents
How is retake after deprivation carried out? The documents that will need to be prepared are listed below:
- Original of your national passport.
- Copy of the relevant court order.
- Current medical certificate reflecting the state of health.
- A document that officially confirms that the seized rights were transferred by the owner to the relevant authorities.
Today, in some cases, a package of documents can be accepted even if there is no medical certificate in it. And this will not be a violation of the law. This reservation is taken from a decision of the Supreme Court of the Russian Federation. It allows the driver to return his license without re-presenting a medical certificate of his health. This means that there will be no need to repeat the examination. This greatly facilitates the implementation of this procedure, and collecting the required documentation takes several times less time and effort than before. However, some drivers still need to issue this kind of certificate. This applies to those who have been deprived of their rights under certain articles.
If it seems to you that the traffic police are not behaving towards you in the way they should (violate the requirements of the law), then it would be right not to engage in open opposition with them. It’s better to bring this conflict to the courthouse.
I hope that now you understand more clearly how the transfer is carried out after deprivation of rights: what documents are needed, how the procedure goes. What else should I figure out?
Do I need to pass the theoretical part of the exam?
What does a retake include? The first thing that needs to be done is to ensure that you pass the appropriate theory exam. Without going through this stage, it will be impossible to return your documents. This is a prerequisite. Without theoretical knowledge, it is impossible to be admitted to further driving. However, disagreements and various disputes invariably arise on this basis, and the transfer of rights after deprivation becomes an apple of discord between drivers and relevant services. Previously, an exam was not a requirement. This rule is valid only for the last four years. As statistical indicators show, the vast majority of traffic police units currently existing in the Russian Federation officially rank the theoretical part as mandatory for re-obtaining rights, which means that they require re-transfer by the driver in the process of returning the certificate.
What if you are still not comfortable with this prospect? In this case, the law provides for the need to require a written refusal to return the rights to the department of the service without having to retake the exam in the traffic police after deprivation. Having this document in hand, the driver has the right to contact the local court. However, this will significantly complicate the course of affairs. Most people find it more correct and simple to solve the problem of high-quality preparation for passing the theory exam.
This is also necessary because current standards that apply to traffic are regularly updated. So, in order to stay up to date with the current requirements, you must constantly refresh your knowledge in order to avoid fines and the subsequent deprivation of rights in the future. Never neglect this.
Nuance
Retake after deprivation of rights has some features that should be considered from the very beginning. For example, it is important for the driver to make sure in advance that he has no debts to the traffic police. This must be dealt with even before you begin to collect documents that will allow you to regain your driver’s license. This requirement became relevant back in 2015, when it was enshrined in law. From the described legal act it becomes absolutely clear that the driver can only get back his rights if he repays all his debts that could arise as a result of unpaid fines.
Issuing a driver’s license
So, what is needed in order to return your driver’s license, which was lost as a result of the offense and the subsequent trial?
- The sentence that was imposed by the court must expire.
- You will need to pay all the fines you have ever written but not repaid before the traffic police.
- Form a package of necessary documents.
After that, the driver will need to personally appear in the local traffic police department, in which later the rights will be returned to him. However, before this happens, a retake awaits you. After deprivation of rights, this procedure is mandatory for their return. Moreover, the exam will deal exclusively with theory; you will not be asked to demonstrate practical driving skills.
You should seriously prepare for the test. The permissible number of errors is extremely small, so experts do not recommend trying to pass the exam without preliminary preparation. In addition, the rules of the road are regularly updated, and you can be elementary not up to date with any innovations. If the exam fails, the second attempt will take place at least a week later. If everything goes well, then on the same day, as practice shows, you can get back the lost driver’s license.
Returning a driver’s license if deprivation occurred in another city
It often happens that traffic police inspectors in other cities seize rights from drivers. What is important to know about such situations? Firstly, the trial itself is held in the city in which the offense took place. What about the return of the certificate? Where exactly is it territorially and how will it be produced? The transfer of rights after deprivation should take place in the department that belongs to the city in which they were seized. In this case, the driver will need to come there on his own.
However, there may be another situation, which, as a rule, is much more comfortable for drivers. Such a person has the right to apply to the traffic police department to which he is attached in accordance with the place of registration and formally request that his authorized employees send a special request to the specified nonresident department of the service in question, based on the results of which consideration the relevant documents will be sent by driver’s place of residence. A retake of the theory after deprivation will also occur here. How long will you have to wait until your documents arrive at your local traffic police office? As a rule, this procedure takes from three days to a month or more. What exactly does the waiting period for your driver license depend on? From how quickly the mail staff will work, and also from how much it will be loaded.
An important nuance. If your driver’s license is in the local traffic police department for more than the statutory period, then they will be destroyed, according to the procedure defined by law. Therefore, take up the process of returning your ID as soon as possible after the expiration of the time limit set for you. Although, as a rule, drivers do not make such an annoying mistake. In addition, the period defined by law for the storage of a driver’s license in the traffic police department is three years, and only after its expiration the rights are subject to immediate destruction. However, no additional penalties will be charged to the driver. However, the recovery procedure will have to start from the very beginning. And this procedure, as we have already found out, is far from so simple. It is much like the mechanism that is provided in order to restore a driver’s license after it is lost.
Return of rights ahead of schedule
If it is a question of passing the exam in the traffic police and returning the driver’s license, which was previously withdrawn by an authorized traffic police officer, earlier than the deadline set by the court allows, this is not possible. Such a procedure can lead to criminal prosecution, as it is prohibited at the legislative level. Is it worth it to commit a crime just to shorten the waiting time? Definitely not! It would be right to wait for the period established by law and to receive your rights in the order that was provided by the specialized services. Indeed, in the event that you nevertheless decide to carry out such a fraud, remember that its consequences sooner or later will overtake you anyway. You should not even plan an alternative option for the early return of your own driver’s license. This may cause the offender to be severely punished.
Positive reviews
Drivers react differently to tightening procedures. So, some are happy to say that the process is now somewhat complicated, which means that drivers will have to take a much greater responsibility in how they participate in road traffic and how responsibly they abide by the established rules.
Negative reviews
There are many more negative responses. Many are afraid of the need to take an exam in the traffic police. Others are upset because of the inability to return the rights or because the procedure in question will take a long time. The transfer of rights after deprivation, as a rule, does not create any additional problems for those who have previously followed all the instructions regarding the transfer of rights or cooperation with authorized bodies. In other cases, drivers still have to overcome difficulties that, in general, the violators themselves created, and not an updated system.
Conclusion
This article examined in detail the procedure for the return of rights after they were seized by an authorized employee. Of course, you will have to pay additional attention to some other points, which, as a rule, are determined by the territorial location of a particular traffic police department. For example, how much does the transfer of rights after deprivation cost? Who exactly should I contact at the local office to resolve this issue? Where can I get tickets for re-registration after deprivation of rights? Understanding this is not difficult, but you will have to spend some time on such a study. For example, tickets, as a rule, are freely available on the Web or are provided directly at the traffic police office.
Observe the requirements of the law, and then you will not feel any significant difficulties in the process of returning your driver’s license.