They deprived them of rights-what to do? Deprivation of a driver's license. Term of deprivation of driving license

If they denied them what to do? For many townspeople, traveling on one's own car has long been not a tribute to fashion, but has become an indispensable tool for simplifying existence.

Certainly, in the presence of auto, the existence of a modern citizen is greatly simplified. In the absence of their own transport, it is difficult to keep up on business in the circumstances of an energetic rhythm of life. In particular, this is relevant for those living in large cities. For most car owners to lose their own car, even for a short period - the real catastrophe. On the roadway, no driver is immune from all sorts of problems. This list includes numerous violations of the rules, entailing not only the imposition of fines, but also the possibility of losing a driver's license. And if they deprived them of their rights, what should they do?

Deprivation of a driver's license

Deprivation of a driver's license is a measure of the impact on drivers who have committed particularly dangerous traffic violations. For the majority of drivers, this means changing the usual, comfortable rhythm of existence, and for certain individuals - and loss of work.

At the moment, there are a number of traffic rules, violating which, drivers may be stripped of their rights. The most popular of them are drunkenness when driving a car, crossing a continuous strip. In Russia, there are more than 10 traffic rules, if they do not comply with the violator, they remove the driver's license and limit his ability to drive the vehicle for a certain period of time. If they denied them what to do? First of all, it is necessary to understand the basic concepts.

Correct interpretation of the offense

It should be noted that this offense is interpreted in different ways and is not always true. Under the deprivation of rights, numerous drivers understand completely different things.

Most believe that they were deprived of their driver's license (which is not always legal) to manage the car directly when drawing up a protocol on the offense. But it is correct in the present case to follow the concepts enshrined in the law.

And, in fact, CoAPRF determines that the beginning of the period of deprivation of special. Right comes only from the moment when the corresponding decision on punishment comes into force. Special decisions on this category of violations are usually made by the judicial body.

So, can they take the rights on the road? No. To deprive a driver's license can only court. Previously, drivers were confiscated at the scene of the crime by the traffic police, and in exchange they were issued with temporary permits. However, since September 2013, the traffic police officers do not withdraw from the driver his documents for violation. Therefore, the issuance of an interim certificate is not made. Drivers are required to hand in the certificates themselves after a court decision within the prescribed period.

For how long and for what is deprived of a driving license?

In Russia, there are clear and specific SDA, which should not be violated, because for this you can lose the right to drive for a period of 1 month to 3 years.

So, let's take a look at everything you need to know.

Deprivation of the right to drive a vehicle:

1. For the period of 1-3 months:
- failure to provide road to the car with the included specials. Signals;
- re-driving unregistered vehicles;
- Riding on the car with the wrong setting of numbers and their absence.
2. For a period of 3-6 months:
- Wrong crossing of railway tracks.
3. For 6 months you can lose your certificate for:
- speeding at any place more than 80 km / h.
4. From 6 months to a year:
- driving with improper lighting devices;
- Driving a car with incorrect or non-existent numbers.
5. For a period of 1 year:
- Repeated trip to the road with a counter traffic or tram tracks;
- repeated violation of the rules for the passage of railways;
- Repeated and long traffic on the opposite lane;
- repeated excess of speed in any place on 60-80 km / h.
6. For the period of 1-1.5 years:
- control of the machine with illegally installed specials. Signals;
- Departure from the scene of an accident;
- refusal of medical examination for alcoholic intoxication;
- use after an accident of alcohol or drugs;
- driving with color schemes of cars of special services;
- causing slight damage during an accident.
7. For the period of 1.5-2 years:
- the use of special. Signals;
Driving in a state of intoxication;
- causing moderate harm to other persons during road accidents;
- transfer of the right to drive a person who was in a state of intoxication.
8. For a period of 3 years:
- repeated control of transport in a state of intoxication.

When does the term of deprivation of rights come?

The calculation of the term begins 10 days after the relevant court decision comes into force. This period is allotted to be possible to challenge this conclusion. If the court has deprived the rights what to do? First of all, deal with the terms! If you follow the current legislation, then the entry into force (10 days) occurs from the moment the corresponding copy of the decision is received by the driver in his hands. The document can be submitted to you directly after the process or you can set the time for receiving it (or you can send it by mail). Nevertheless, the calculation of the period begins for appeals precisely from the date fixed in the receipt when receiving a copy of the decision or in a mail notification. Return of rights after deprivation, respectively, is possible after the expiration of the sentence.

When the calculation of the term begins a little later

In practice, there are cases when this period has the opportunity to start a little later than the traditional 10-day:

1. In case of challenging a court decision in higher bodies, the term will begin to be calculated upon the entry into force of the conclusion of the last court. It is worth noting that, while the decision is not legally valid, the driver is not given consent, that is, up to this moment it is allowed to operate the car using the rights that have been retained on the hands.

2. If the driver does not pass the driver's license in the allotted period (3 days), the driver's certificate will not be counted. The fact is that if the driver's license is not withdrawn, he must return it to the State Traffic Safety Inspectorate within 3 days from the date of entry into force of the court decision, and in case of loss, notify the body within the same period. Because the calculation of the period of deprivation begins only from the date of delivery or withdrawal from the driver of the certificate and a temporary permit or from the day the driver submits an application for the loss of this document.

Obtaining rights at the end of the term

In 2013, relevant changes were made to the basic rules for the return of this document, and it is already a little more difficult to recover the rights after the deprivation. The latter order became much more exacting. From now on, before starting to complete the necessary documents, all the "fraudsters" are expected to check knowledge (passing the exam) on the theoretical part of the traffic rules in the traffic police, and without this, it is impossible to recover the rights after deprivation. To surrender is allowed an unlimited number of attempts, every 7 days. The most interesting thing is that until you get the result, you can not make any other actions. Only with the successful delivery (subject to other requirements) is possible to resolve the issue of how to pick up the driver's license. Also, the test is allowed 15 days before the end of the period. And among the questions excluded are the provision of emergency care and psychology.

Where to get the right after deprivation? On the date determined for obtaining the rights (and its drivers are required to calculate in person), it is necessary to come to the traffic police body at the place of residence and, having produced the necessary documents, obtain the rights unhindered.

You may be asked questions about unpaid fines, but with all formalities, fines that you did not pay are not considered a prerequisite for refusals to be issued. Upon the fact of the presented documents, the driver must provide an ID card from the archive on the day of the request. Return of rights after deprivation is a completely understandable procedure.

It should also be borne in mind that if you lost the right to drive by driving under the influence of alcohol, you must go through a medical commission and you will not see your rights until you submit a medical certificate to the traffic police. It is very easy and quick to lose your rights, but it's not so easy to return them: you will have to go through a theoretical examination again. What else do you need to take away the rights?

What documents are needed

Documents to take away the rights must not be overdue at the time of presentation. So, you will need to submit the following documents:

• Honey. A certificate that must not be overdue to obtain (change) a driver's license. The presentation of medical certificates is required only from those violators who are deprived of rights for driving under the influence or under the influence of narcotic drugs.
• The identity document of a citizen of the Russian Federation, usually a passport (in some cases, another supporting document).
• The court's decision.
• A document confirming the surrender of the driver's license to the traffic police.

Calculating the date of receipt of the seized rights

As is known, the calculation of the date of receipt of the seized rights is made by drivers independently.

How not to be mistaken? For this you need:

1. To take the date of delivery of a copy of the court decision.

2. Add a 10-day period if the decision is not appealed.

3. Add a period of deprivation. As a result, the date of receipt. For example, on hands the decision of the court was received on February 20, 2014 at a period of 2 months, which means that the rights are assigned: 20.02.2014 + 10 days = 2.03 + 2 months = 2.05.2014. Pick up the right after the early deprivation will not work, and it's important to accurately calculate the date.

If the violation occurred in another region

Have deprived a driver's license: what to do, if it happened in another region? Very often there are situations where the violation was absolutely in another region, then the procedure for obtaining rights may last longer. Its duration is related to the fact that the seized rights remain in that department of the State Traffic Safety Inspectorate where the violation is seized. The owner has only 2 options: go directly to another region and pick up your own driver's license there; Contact the nearest traffic police and wait for the mailing.

Recommendations

How to be and what actions to take in disputable situations, when, perhaps, the actions of the inspector of the traffic police are not entirely justified? How to behave if the traffic police officer is seized of the rights, and there is a clear threat of their deprivation? Almost everything depends on a certain situation, but in any case it is necessary to try with all the forces not to bring the matter to court.

So, the first actions at the scene:

1. Seeking help from professional autocrists - in the absence of legal assistance, the chance of a successful outcome is virtually zero. Only knowledge of all the subtleties of the process and the norms of legislation will allow to avoid difficulties at subsequent stages. Professional help guarantees a successful outcome of 90%. Try to attract a lawyer at the stage of fixing and processing documents. In the event of an appeal, do not take independent actions and do not sign documents before the arrival of the car therapists.
2. Observe tactfulness. The first rule is not to be rude and not try to justify your own innocence in high-pitched tones, because this will lead to nothing and can only aggravate the situation.
3. Attentiveness and vigilance. Closely read the protocol, especially in the place where the alleged offense is indicated. What can be specified? If violation 1.3 of the SDA is indicated, one can be calm - this protocol will not "pull" to deprivation of rights. Paragraph 1.3 is a general requirement to observe traffic rules. If a certain article is indicated that you did not observe, and which really provides for the deprivation of a driving license, things are worse.
4. Defending your own innocence. This item is very important and should be executed directly on the site of the relevant documents. Undaunted write in the protocol all the circumstances that triggered the offense. Your defender will be able to apply this in court proceedings to replace the deprivation of penalty. It is also possible to specify your own claims to the inspector. Make a survey of the territory (at least on a mobile phone), if you believe that the inspector was not able to judge impartially the fact of violation. Be sure to fix the location of the motor licensing and inspection department. Make a survey of everything that can help you in court. If possible, involve eyewitnesses (bringing in relatives is also considered, do not believe the police inspector if he says the opposite). The fact of shooting and the presence of witnesses must be indicated in the protocol. If you do not make these necessary actions at the stage of compiling all documents, then further steps may simply not be required. Only a competent fixation of all circumstances can serve as a convincing proof of innocence.
5. Full control of the process. It should be taken seriously to this situation. Another subtlety is the control of the so-called limitation periods for bringing to justice, after which a decision can not be made - this is 2 months. And 3 months. When a decision is made by a judge.

Conclusion

In conclusion, it should be noted that annually the traffic rules are changing, and every year the fines and the time of deprivation of a driving license can only grow and increase. Before you break, you need to think many times. It is better to drive carefully and comply with traffic rules, because the driver is responsible for not only his own life, but also for the lives of people in the car and pedestrians crossing the road.

Annually in accidents involving cars, in Russia more than 100 thousand people die. Most accidents occur because of speeding and driving in a state of intoxication. Any such violation, which caused the death of passengers, may become the basis for criminal liability. It should be noted that the norms of legislation on this category of offenses do not provide for amnesty, and the term will have to be served in the fullest amount. Be cautious and take due diligence while driving. Happy journey and safety on the road! And if you have been deprived of the right to do anything, you now know.