Driving license, temporarily withdrawn on the basis of a court decision, receive after confirming knowledge of traffic rules. This norm is fixed by the Administrative Code of the Russian Federation. Retake rights after deprivation has some subtleties that should be known to all car owners.
Legislation
Retransfer of rights after deprivation is required for those who received such punishment from 09/01/13. If the car owner committed an administrative misconduct, then he is deprived of his driver’s license for some time. After the beginning of the validity of the court decision, it is necessary to submit the document to the traffic police no later than 3 days.
If there is a desire to appeal the decision, then the certificate must be submitted after the start of the act of appeal. 10 days are allocated for appeal. Identities are recorded in the database. To avoid problems, a temporary document is also for rent.
To get a new category, you must complete the training and pass the exam. It all starts with the theory, and after its successful assimilation comes the practical part. To get category E, you need to travel from B, C or D for at least a year. And to open DE, you need to operate a car with D for at least a year. Categories are designed to drive specific vehicles.
When are they deprived of rights?
Deprivation of a driver’s license occurs only by court order. There must be good reason for this:
- drunk driving;
- speed increase of 60 km / h;
- oncoming traffic or railway crossing;
- Crossroads crossing a prohibited traffic light;
- driving with fake signs;
- repeated offenses;
- the presence of debt worth more than 10 thousand rubles.
In order not to be deprived of rights, you must follow the rules of the road and always take documents with you. With careful travel, many unpleasant situations are eliminated. But if you nevertheless took away the document, timely re-issuance of the driver’s license after deprivation is necessary.
Actions of the traffic police officer
Each offense is punishable by law. The road inspector must:
- draw up a protocol;
- to deprive the driver of a license;
- if necessary, remove the driver from driving the machine;
- delay the transportation of the offender;
- give out temporary rights.
A protocol is a document that details the violation. Its content is taken into account when making the decision. But if it is drawn up incorrectly, it can be challenged in court. And if it is declared invalid, then the offense is unlikely to be considered by the court.
The document should contain the following data:
- date and place of compilation;
- information about the traffic police officer;
- information about the offender;
- explanations;
- information about witnesses;
- information about the place of violation.
After drawing up the protocol, a mark is placed in the certificate. The inspector must explain to the violator the rights, duties and his actions. Drivers sign a protocol if everything is true. But he has the right to refuse it, as it is established by law. All disputed issues are decided by the court.
Is an exam required?
To obtain a certificate, a retake of the theory after deprivation of rights is necessary. At least part 1 of art. 1.7 of the Code of Administrative Offenses of the Russian Federation it is known that such standards are effective from September 1, 2013, yet many traffic police officers are forced to hand over the theory to anyone who wants to return the document.
In this case, there is also a solution: the traffic police must take a written refusal and go to court with him. It is necessary to refer to the norms of the law. According to Art. 32.6 of the Code of Administrative Offenses, not only a transfer of rights after deprivation is required, but also payment of existing fines. You can find out about debts at the traffic police, State service and traffic police resources.
When does the exam take place?
If you have been deprived of your rights, now you need to retake the SDA exams. You need to know the legal deadlines exactly. The punishment expires 10 days after the release of the judgment. This deadline is available for appeal. 10 days and the entire period of punishment are added to the date of drawing up.
The document can be collected the day after the end of the period of deprivation. But there have been changes in the law. Now retaking the exam after deprivation of rights can be performed after half the term of punishment. But you can still get the document only with the expiration of the sentence.
Go to get the certificate you need in the traffic police. This will require:
- passport;
- court decision (copy);
- certificate of surrender of rights;
- medical certificate.
Retake Rules
Retransfer of rights after deprivation costs 4,500 rubles. Each attempt involves payment in full. If the first attempt to retake failed, then there is a right to a second attempt after 7 days. The number of such events is not limited.
Retake traffic rules after deprivation of rights is carried out in the form of a test. There are 20 minutes to answer 20 questions. To successfully pass the exam, you can make no more than 2 mistakes. There are no questions related to medicine or theory in this test. After that, an examination card is provided, which will allow you to get rights.
With deprivation of rights in another city
But there is a situation where the offense happens in another city. In this case, a court decision and surrender of rights will take place there. There are two ways to return an identity:
- personal arrival in the city, visiting the traffic police, passing the exam and obtaining a certificate;
- appeal to the traffic police at the place of residence with a request to submit a request, after which there will be an exam that allows you to get rights without leaving.
Ahead of time
Although retaking after deprivation of rights is available after half the sentence, returning the certificate ahead of schedule will not work. If the driver gives the inspector a bribe, then such actions may be punished.
In Art. 327 of the Criminal Code of the Russian Federation indicated the punishment for the use of forged documents. In this case, there may be an arrest of 6 months. If the inspector is an accomplice, he will have to answer before the law.
Medical Board
Not only retake after deprivation of rights is necessary. It is required to undergo a medical examination, but only in those cases if the certificate was taken due to intoxication. The certificate is issued no earlier than 30 days before the end of the term of deprivation. It is also necessary for those who refused a medical examination.
A medical examination should also be taken in case of deprivation for health reasons. According to the results, it is concluded that the driver can control the machine. The rights will be returned, and an exam is not required.
Exam features
There are differences between redeployment after deprivation and the classic procedure. The tickets will not have questions about fines and first aid. They have everything on the road. A total of 40 tickets with 20 questions each. 20 minutes are given, and there are 2 possibilities for an error. For 1 error, 5 questions are provided.
Tickets vary by category AB and CD. They are provided in the highest category. For example, if rights of type “BC” were taken away, then a “CD” block will be given. There is no fee for exams. They are held at the traffic police. Practice is not necessary.
Tolerance
Individual retirement advice after deprivation of rights can be provided by a car lawyer. But still there are general rules regarding the passage of the procedure. Before submitting documents, you need to check for unpaid fines. With a second retake, it is not necessary to present receipts, but it is advisable to take them with you.
Inspectors do not allow for the surrender of traffic rules to those who have debts that are conducted by bailiffs. Careful debts are carefully checked. The law indicates a reduction in the sentence when:
- slight violation of the rules;
- debt no more than 10 thousand rubles;
- if transport is the only income;
- the family has a disabled person who needs a car.
For debts paid, the inspector must accept the documentation and select the exam date.
Riding without a license is a punishment
When driving without a license, a fine of 30 thousand rubles is imposed. If there has already been a deprivation, then an administrative penalty of 5-15 thousand rubles is supposed. Detention of up to 15 days and correctional labor within -200 hours are also lawful.
If the driver has forgotten the rights, then punishment is provided for under article 12.3 of the Code of Administrative Offenses. Administrative penalty will be equal to 500 rubles. But in this case, there may be a detention of the car until the circumstances are clarified.
Lost rights can be restored in 2 months. This period is established by law. First you need to contact the registration point, submitting an application. At the time of recovery, a temporary certificate is provided, which also allows you to drive.
The court's decision
After drawing up a protocol on the deprivation of a driver’s license, the court begins consideration of the case. The driver is notified of the place and time of the meeting. He can familiarize himself with the materials, put forward evidence, petitions, use the services of a lawyer, appeal the verdict.
Based on the result of the hearing, a decision is made on administrative punishment or termination of the case. The decision is made in the absence of a composition or event of violation. An oral comment is sometimes made.
What do drivers need to remember?
Driving license is valid for 10 years. Documents must be renewed in a timely manner, otherwise a penalty is imposed. According to Art. 12.7, a fine of 5-15 thousand rubles is imposed. This equates to a situation where the driver does not have rights.
Given the amount of penalties, drivers need to remember one thing - do not forget the right and do not lose them. Subject to the rules of the SDA, you can freely move about on your own transport without fear of losing your ID.