Some drivers are wondering if they have the right to take away their rights in violation of the applicable traffic rules. And if so, how exactly does this operation take place? Every potential driver needs to understand this, because his rights may be violated. Below we consider the legality of the withdrawal of a driverās license and all the nuances of this operation.
Right to deprivation
When can they take away the rights? And is there really such a sanction in Russia?
Under current laws, a driverās license is denied. Moreover, this is a fairly common sanction, only it needs to operate correctly.
The legislation of the Russian Federation indicates cases in which the confiscation of a driverās license is possible. These include the following violations:
- driving while intoxicated;
- steering transmission to a person drunk or under the influence of psychotropic substances;
- exceeding the speed limit by more than 60 km / h;
- departure to the oncoming traffic;
- failure of the road to special vehicles;
- violations of transportation and transportation of goods;
- any traffic violations that result in slight damage to the injured party;
- refusals from a medical examination;
- concealment from the scene of an accident.
To date, child support debtors are considering whether they have the right to take back rights for late payments. The answer is yes. Recently, alimony arrears entail the deprivation of a driverās license.
Powers of traffic police officers
Does the traffic police officer have the right to take away the rights? It all depends on the circumstances at the time of communication with the authorized bodies.
The thing is that traffic police must monitor order on the roads of the Russian Federation. They can:
- stop potential violators;
- inspect the vehicle and interrogate drivers;
- check the documents for the car and require the presentation of a driverās license;
- seize rights in the cases indicated above.
Just because no one can deprive a driverās license. Moreover, the traffic police are involved in the seizure of rights, and not their direct deprivation.
New rules
Do they have the right to take away the rights for certain violations? Yes, the deprivation of a driverās license is a pretty serious and common sanction. The main thing is to operate on her correctly.
Recently in Russia there are new rules for the deprivation of driverās licenses. Now the traffic police do not seize the relevant documentation. This is the case of the judiciary.
Accordingly, the violator will be stopped, a protocol will be drawn up, and then sent to court. Prior to issuing a court order, a citizen can use his driverās license. This is a legal right.
Moreover, during the judicial debate, everyone will have a chance to prove their innocence. It is possible that the mentioned documentation will not be selected at all.
How to deprive a document
When can they take away / withdraw rights? We have clarified the answer to this question. In fact, everything is simpler than it seems.
It is worth paying attention to the new rules for the deprivation of driver's licenses. The procedure can be described as follows:
- DPS officers slow down the offender and draw up a protocol.
- The citizen is served in the local judicial authority.
- A trial is being held. During it, the nuances of violation will be considered.
- Based on the evidence presented to the judge of a particular position, a decision is made. It is confirmed by the regulation of the established sample.
- If a potential violator was āsentencedā to deprivation of a military license, he should contact the local traffic police and hand over the relevant documentation.
- After the expiration of the sentence, you can take a copy of the judicial decision on the deprivation of rights and a passport. With these certificates, you will have to return to the traffic police and pick up the old driverās license.
That's all. In fact, the procedure for depriving the mentioned paper raises many questions. The troubles arise due to the fact that people do not know how to behave in a particular case. In fact, everything is simpler than it seems. Especially if the potential offender is innocent of the act.
How to behave
What to do if rights are taken away? Under current law, it is prohibited to take a driverās license. Only authorized bodies can deprive him. Traffic police do not belong to those. So, their case is limited to going to court and drawing up a protocol of the established form.
And how to behave if the traffic police stopped a citizen? Here are tips and algorithms that will help protect yourself if necessary:
- Stop at the request of traffic police.
- Present an identity card. It is advisable to ask the data of the traffic police officer with whom the driver will communicate. This information is recommended to be recorded.
- At the request of authorized bodies, produce documents for the machine. The driver must have rights, STS, OSAGO policy with him.
- If a citizen was offered to undergo an examination for alcohol or drug intoxication, do not refuse. Such a solution can cause a lot of problems.
- Is there a risk of withdrawal of I / O? Then it is better not to give the appropriate document to the traffic police. It can be shown from afar, from your own hands.
- When communicating with representatives of the authorized body, behave culturally, calmly and restrained. It is recommended not to react to rudeness and rudeness. Aggression and nervous excitability often lead to additional sanctions.
- If a traffic policeman threatens to seize rights, inform him that now the interlocutor does not have such powers. He must draw up a protocol and send the offender to court.
Important: to prove your position, if necessary, it is recommended to record what is happening. For example, a voice recorder or video. Perfectly helps the DVR to defend its position.
Conclusion
Do they have the right to take away driverās rights? The answer to this question will no longer make the driver think for a long time. Presented to your attention relevant information on the deprivation of military education in Russia today.
The suggested tips for dealing with traffic police officers really help. If a person knows about his rights, he can protect himself. It is possible that the court will side with the potential violator during the proceedings! Does the traffic police officer have the right to take away the rights? No. And this is important to remember.