Changes to the driver's license return process went into effect on September 1, 2013.
If the offense entailed the withdrawal of water. rights made after this date, their owner will have to retake the theory.
In cases when the certificate was taken away early on 09/01/13, the driver does not need to take the exam. He should contact accident lawyer(since if you do not apply, the traffic police will insist on passing the theory), apply to the court with a refusal from the traffic police in a letter. form, with payment of all fines, refer to the Code of Administrative Offenses of the Russian Federation. Thus, they will not be able to deny your rights, whatever your case.
Reference! If you violated traffic rules before the specified deadline, and the court order came into force after, you will also have to pass a second exam. This issue is being discussed by lawyers; to date, no amendments have come into force.
There are violations of traffic rules, in which, in addition to passing the theory, you will need to re-pass honey. commissions:
- the driver was under the influence of alcohol or drugs;
- refused to undergo medical examination. examinations.
Also note that after the court verdict you have 10 days to appeal it. If you are sure that you did not violate traffic rules, that the court did not take into account all the circumstances, appeal the verdict, contact a lawyer for help.
When to apply after disqualification?
You can apply for a retake when half the term of deprivation has passed.. You can submit an application to the department where the withdrawn certificate is located.
You will pass the theory in the examination department, and not where your driver's license is located.
Upon successful delivery, the rights will be obtained only at the end of the sentenced period..
For example, you were deprived of your rights for a year, you can go for a retake only after six months. The rights will be returned, anyway, only after a year. Legislative base The Russian Federation does not provide for early return of rights. Of course, drivers want to drive again as soon as possible, some resort to drastic measures and try to buy rights back, or at least answers to tickets. This act is criminally punishable and the chance to resolve the issue with the rights is small.
What documents are needed for the exam after the withdrawal of the certificate?
- Driver's passport.
- Court statement for the deprivation of his rights. If this document has not been preserved, it is in the traffic police database, you can apply without it.
- Honey. reference(If you want to).
Important! You must pay all your fines to the traffic police.
Rules for the procedure
Step-by-step algorithm of the theoretical part for drivers
What is needed for this, where, to apply, what documents are needed. Consider step by step instructions theoretical examination.
The legislation does not clearly state how many times the exam is taken, so the retake will take place until the exam is passed.
Reference! If the traffic police department in which your waters are stored. right, is far away, you can apply there with a request to redirect your certificate to the branch at the place of residence. For example, a traffic violation occurred in Moscow, and you live in St. Petersburg.
Your rights remain in the capital of the Russian Federation, from home you can send a request for the transfer of a certificate to the city of residence. This can be done by mail or online. For all questions, contact the traffic police department where your waters are located. the rights.
What is the price?
When drivers ask themselves how much it costs to return the rights back, then in such a situation I would like to remind only that they should not be violated so as not to think about such issues.
Just following the rules traffic, loss and deprivation of water can be excluded. rights. If this happened to you, first try to appeal the verdict. If this did not bring a positive result, do not try to return the rights ahead of time, spend your energy preparing for the theory exam, then the timely return of the certificate is guaranteed.
We hope that our article will answer all your questions and help you plan the procedure for passing the theory.
Those drivers who had a deprivation of their rights, closer to the expiration of the term, ask themselves whether it is necessary to retake the exam or not. We can say right away that this was not required before, and since 2013, everyone must retake it.
In this article, we will figure out whether a retake is required for the driver after deprivation, and also how and where can this be done?
If the driver’s license (starting from September 2013) was taken away, regardless of whether it was done for drinking, or for driving on the opposite side, or due to another violation of traffic rules, then retaking the exam is required to obtain them. Retake only requires a theoretical exam. You don't need to retake your driving and driving skills.
It is worth paying attention to the Government Decree of 01.09.2013. Based this document it follows that if the deprivation of rights occurred after the specified date, then you will definitely have to retake the theory. If the driver’s license was revoked before September 01, then nothing needs to be retaken, and the rights are issued at the end of the period upon provision necessary documents and written statement.
The delivery of theory after deprivation of rights is absolutely the same as when receiving them after studying at a driving school. The verification requirements also remain the same. In order to receive a certificate, you will need to answer one of the twenty tickets, which includes twenty questions. For a successful retake in the traffic police, it is allowed to make no more than two errors in the dropped ticket.
If, during the check by the traffic police inspector, the result of the answers is positive, then the certificate is immediately returned.
How and where to transfer?
So, if the period after the deprivation of the rights has expired, then they are allowed to receive them, having previously passed the test on theoretical issues. In order to do this, you must contact the examination department of the traffic police inspection specially designated for this.
It is worth noting that the selected rights can be stored in a completely different department. In most cases, this can be, for example, the administration of a city traffic inspectorate or a regional one.
To obtain a certificate, you must have all the documents with you. As a rule, all the necessary information is presented at the stands in the traffic police.
The following documents will be required:
- Judicial deprivation document. It is issued immediately after the conclusion of the violation of traffic rules.
- Citizen's passport.
- Medical certificate. The certificate must be unequivocally valid at the time of receipt of the VU. It is issued for up to two years.
Before you go to the traffic police, you need to check everything unpaid fines. You can do this on the official website of the traffic police. Particular attention will be paid to the verification of payment for the traffic violation for which the judicial authority deprivation of rights. If the driver has debts, the inspector will have the right to refuse to obtain a certificate and retake.
When can you transfer?
The rights are issued by the traffic police inspector only after the expiration of the deprivation period on the next business day. This date of receipt is easy to calculate.
Many citizens are accustomed to counting from the date of the court session and the delivery of the court decision - this is wrong. After the decision is made, the perpetrator is given time to appeal and protest the court's conclusion in another judicial instance. A period of 10 days is allotted for this.
The countdown of the period of deprivation of rights begins from the eleventh day after the meeting.
It turns out that you need to go to the inspection the next day after the time of deprivation has passed and ten days from the date of the court session.
If during the retake of the theory many mistakes are made and the exam is not passed, then the next time it is allowed to come again no earlier than after 7 days. The number of retries is unlimited.
What if the deprivation was in another city?
It often happens that a traffic violation with deprivation of a driver’s license occurs in another city. In this case, there are two options for returning and receiving them.
Possible options for obtaining rights:
1. Directly come to the city where the traffic violation occurred. Accordingly, successfully pass a theoretical exam at the examination department of the traffic police of this city and get your rights.
2. There is an opportunity to get rights in your city. To do this, you need to contact the traffic police at your place of residence and make a request to the traffic police of the city where the violation was recorded. After that, retake the certificate and get it at the place of your stay.
It is worth noting that it will not work to return your rights earlier than the deadline issued by the court. For this, a legal opportunity is given, such as an appeal within 10 days. If it is not filed, rejected, etc., then there will be no other option to challenge the court's conclusion and, accordingly, it will not be possible to reduce the time of deprivation.
So, summing up, we can make the following conclusion that in the case of deprivation driving license, the car owner needs to retake only the theoretical exam. Retry attempts are possible only after 7 days, and their number is not limited.
In this case, the judgment and the surrender of rights will take place there. There are two ways to get your license back:
- personal arrival in the city, visiting the traffic police, passing the exam and obtaining a certificate;
- contacting 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 a license without leaving.
Early Although retake after deprivation of rights is available after half of the term of punishment, it will not be possible to return the certificate ahead of schedule. If the driver gives the inspector a bribe, then such actions can be punished. In Art. 327 of the Criminal Code of the Russian Federation specifies the punishment for the use of forged documents. In this case, you can be arrested for 6 months. If the inspector is an accomplice, then he will have to answer before the law. Passing a medical examination It is necessary not only to retake after deprivation of rights.
Early return of rights after deprivation
The 2017 rules require the driver to do the following to obtain a driver's license:
- Submission of an application for a return of rights, dated 2018. Important! An application for the return of rights can only be submitted to the subdivision of the State traffic inspectorate, which was the executor for the deprivation of a driver's license.
A document requiring the return of rights can be sent not only in writing on paper, but also in electronic form to the e-mail of the unit. 2017 gave the opportunity to drivers deprived of their rights to send an application in advance. According to the new legislation, the document must reach the unit no later than 30 days after the expiration of the VU.
- Collection of documents.
The procedure for obtaining rights after deprivation
The claim must contain information about the full or partial compensation for the damage caused by the accident. On the video how to restore rights after deprivation. Initially, the authors of the bill proposed to introduce the possibility of early return of VU, regardless of the type of violation that caused their withdrawal.
However, after a number of “filtrations” of the content of the draft law, the possibility of early restoration of rights for drivers deprived of the right to drive a vehicle due to being behind the wheel was removed from it. drunk or due to refusal to undergo the appropriate examination. These categories of "disenfranchised" will have to conscientiously wait for the end of the court decision term.
Until the legislative initiative on the early return of the VU is finally approved by the State Duma, there are no other ways to return the rights earlier. The only possible option is to appeal the court's decision to seize the document.
Transfer of rights after deprivation. Do I need to take exams after being disqualified?
Article 12.15 part 5 of the Code of Administrative Offenses of the Russian Federation “Repeated commission of an administrative offense provided for in part 4 of this article” - Deprivation of the right to drive a vehicle for 12 months. Article 12.16 part 3 of the Code of Administrative Offenses of the Russian Federation “Traffic in the opposite direction on a one-way road” - a fine of 5,000 rubles or deprivation of the right to drive a vehicle for a period of 4 to 6 months.
Attention
Article 12.16 part 31 of the Code of Administrative Offenses of the Russian Federation “Repeated commission of an administrative offense provided for by part 3 of this article” - Deprivation of the right to drive a vehicle for 12 months or 5,000 rubles. Article 12.17 part 2 of the Code of Administrative Offenses of the Russian Federation “Failure to provide an advantage in the movement of a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing beacon and a special sound signal turned on at the same time” - a fine of 500 rubles.
or deprivation of the right to drive a vehicle for a period of 1 to 3 months.
Return of rights after deprivation 2018
Important
During the recovery period, a temporary certificate is provided, which also allows you to drive. Court Decision After the registration of the 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 outcome of the hearing, a decision is made to impose an administrative penalty or dismiss the case.
The decision is issued in the absence of the composition or event of the violation. Sometimes verbal remarks are given. What do drivers need to remember? Driving licenses are valid for 10 years.
Documents must be renewed in a timely manner, otherwise punishment is provided. 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 a license.
How to return the rights after deprivation for drinking
Article 12.2 part 4 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle with knowingly false state registration marks” - deprivation of rights for a period of 6 months. up to 1 year. Article 12.5 part 3 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle, on the front of which there are light devices with red lights or red retroreflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the admission of the vehicle to operation and responsibilities officials to ensure road safety "- deprivation of rights for a period of 6 months. up to 1 year. Article 12.5 part 4 of the Code of Administrative Offenses of the Russian Federation “Article Management of the vehicle on which devices for supplying special light or sound signals (with the exception of burglar alarms) are installed without an appropriate permit” - deprivation of rights for a period of 1 to 1.5 years.
Return of a driver's license after deprivation
Another major innovation that will come into effect in the legislation if the draft law on early return of rights is adopted is the abolition of the mandatory retake of theoretical exams to return rights after deprivation of a period of less than 1 year. Recall that, according to the Decree of the Government of the Russian Federation, as well as the new federal law"On Road Safety", those who committed a traffic violation after September 1, 2013, the responsibility for which is provided for in the form of deprivation of rights, after the expiration of the restriction of the right to drive vehicles, is obliged to return the rights to retake the theory.
Unfortunately, after the introduction of this rule in the legislation, all drivers who were deprived of their rights for any offenses fell under its action.
Return of a certificate after deprivation - is a retake of traffic rules mandatory?
The transfer of rights after deprivation is mandatory for those citizens who were subjected to this punishment after 09/01/2013. To get the "crusts" back, you must pass a theoretical exam at the traffic police.
How to return the rights, we will tell in our article. Retake on the rights after deprivation Do I need to take an exam after the deprivation of rights? When can I take the exam and take away my driving license How to retake my driving license after deprivation What to do if I have been deprived of my driving license in another city Is it possible to return the driving license ahead of schedule? Transfer of rights after deprivation As a result of an administrative offense, a citizen is punished in the form of deprivation of a driver's license for a certain period. After the court decision comes into force, it is necessary no later than 3 days to hand over the rights to the traffic police department, which is indicated in the judicial act.
Is it necessary to retake the rights after deprivation?
A number of violations of the rules committed on the road leads to the fact that deprivation of rights may occur. It may not be possible to return the ability to drive a car immediately. The certificate is withdrawn for a certain period. Features of the procedure for the return of rights depend on what kind of traffic violation was committed. For many people, being deprived of the ability to drive a car for a long time becomes significant problem. For this reason, the question often becomes relevant: how to return the rights after deprivation for drinking after the trial in 2018? The procedure for deprivation of a driver's license and the nuances of its return are constantly undergoing changes. So, now the traffic police cannot immediately pick up the document from the violator of traffic rules.
Withdrawal of rights is carried out only after the court. Until this moment, the driver has the right to use the car.
How to return rights after deprivation
In the archive of the traffic police department, unclaimed documents can be stored for no more than three years, after which they are subject to destruction. At about half the term of deprivation, you can contact the traffic police and report your desire to pass the exam as soon as possible.
Early return of rights In 2015/2016, some draft laws were adopted for consideration by the State Duma:
- the possibility of early return of rights after the decision;
- cancellation of the theory test after deprivation of rights for up to one year.
There is no information about the cancellation of the exam yet. Drivers who have committed minor violations can return the rights ahead of schedule, upon expiration of at least half of the term.
If the traffic rules were violated due to the use of alcohol or narcotic substances, then you need to not only pass exams, but also undergo a full medical examination. Determine the date for passing the exam on traffic rules So, it is very easy to calculate the time when you need to pick up your VU - see the decision on deprivation of rights.
If, for example, your rights were taken away from you under article 12.15 part 4 - exit to the oncoming lane - for 4 months on September 20, 2017, then you need to go to the traffic police department on January 21, 2018 for them. According to the amendments that have come into force, you can take the exam after half the sentence has passed, that is, on November 20. Due to the accuracy of the timing, you don’t need to worry too much. The main thing is not to come early.
IN last years the consequences for disregarding the rules of the road have become much more serious. In accordance with latest edition chapters 12 Administrative Code of the Russian Federation put into effect 17.04.2017 years, on eleven grounds. At the same time, the procedure for returning a driver's license is determined by no less strict rules established by government decree No. No. 1191 dated November 14, 2014.
Is it required to pass an exam on traffic rules in the traffic police after deprivation of a driver's license in 2020
According to item 2 of the rules mentioned above, the return to the owner of his driver's license is possible only after an evaluative test of knowledge of traffic rules. This provision unambiguously explains to all those who have lost their rights why a retake of the traffic rules exam is required in 2020. According with paragraph 3 this check made through the delivery theory exam. A free consultation on this matter must be provided at any of the functioning departments of the traffic police.
At the request of the applicant, information is provided by employees in writing or orally. Moreover, MREO employees are required to refer to the governing documents. An unscheduled knowledge test is provided for by the current return rules.
Transfer of rights after deprivationmandatory for those citizens who were subjected to this punishment after 09/01/2013. To get the "crusts" back, you must pass a theoretical exam at the traffic police. How to return the rights, we will tell in our article.
Transfer to rights after deprivation
As a result of an administrative offense, a citizen is punished in the form of deprivation of a driver's license for a certain period. After the court decision comes into force, it is necessary no later than 3 days to hand over the rights to the traffic police department, which is indicated in the judicial act. However, if a citizen has the intention to appeal against the court decision, then the certificate is surrendered after the entry into force of the act of the appellate/cassation instance. You have 10 days to appeal.
All driver's licenses handed over to the traffic police are entered into the database. In order to avoid problems, if the disenfranchised person has a temporary certificate in his hands, it must also be given away.
Do I need to take an exam after being disqualified?
In order to take back your rights, you must pass a theory exam. However, we will make a reservation: those who were deprived of a driver's license before 09/01/2013 (regardless of the period of deprivation) do not need to take the exam.
Despite the legislator's assertion that retaking rights after deprivation is necessary only for citizens in respect of whom the court decision entered into force on 09/01/2013 (part 1 of article 1.7 of the Code of Administrative Offenses of the Russian Federation), traffic police officers think otherwise and force them to take the theoretical part absolutely anyone who wants to return the "crust".
The way out of this situation can be as follows: in the traffic police, a citizen takes a written refusal and goes to court with it, referring to the article of the Code of Administrative Offenses that the rule of law that was in force at the time of the offense is applied to the offender (part 1 of article 1.7) .
In accordance with Art. 32.6 of the Code of Administrative Offenses, the rights will be returned to the citizen not only after the successful completion of the theory, but also after payment of all existing fines for violating traffic rules. You can find out about fines on the official website of the traffic police, Portal public services or directly to the State Traffic Inspectorate.
When can I take the exam and pick up the rights
Let's decide on the timing. To begin with, we calculate the date when the punishment expires. To do this, we look at a copy of the court decision, take the date of the document from there, add 10 days to it for appeal and add up the entire term of punishment.
You can go for a driver's license the next day after the expiration of the period of deprivation of rights.
However, the innovations of the legislator also affected the retake dates: now you can pass the theory after half the sentence has passed. However, this only applies to the exam itself. Rights can be obtained only after the expiration of the entire period of punishment.
Don't know your rights?
We decided on the end of the punishment, now the question arises: where to go? In the department of the traffic police, in which the citizen left his "crust".
You need to take with you:
- the passport;
- a copy of the court decision;
- certificate of surrender of the certificate to the traffic police;
- medical certificate.
There is a lot of controversy about the last point. Supreme Court in its decision dated 04/11/2013 No. AKPI13-228 indicated that the provision of Art. 42 of Decree of the Government of the Russian Federation of December 15, 1999 No. 1396, which approves the procedure for passing the qualification exam, should be declared invalid. And the article read as follows: for those who want to take away their rights after deprivation, a retake of rights is not needed, but a valid medical certificate should be provided to the traffic police.
However, despite the fact that the legislator has repealed this rule, traffic police officers still require a certificate to be shown.
We, in turn, can assure that a medical certificate is needed only in the following cases: when the driver violated the provisions of Parts 1 and 4 of Art. 12.8, part 1 of Art. 12.26 and part 3 of Art. 12.27 of the Code of Administrative Offenses, parts 2, 4 and 6 of Art. 264 of the Criminal Code of the Russian Federation.
How to retake the rights after deprivation
The state duty for passing the theory is 4,500 rubles. And for each new attempt, the tariff is paid in full.
If it was not possible to retake the rights after the deprivation the first time, then the citizen can use a second attempt after 7 days. The number of attempts is not limited.
The theoretical examination is conducted in the form of a test. The subject is given 20 minutes to answer 20 questions. To successfully pass the exam, you are allowed to make no more than 2 mistakes.
There will be no questions related to medicine and theory in this test. The main thing is to establish the level of knowledge of the candidate traffic rules.
After the test is passed, the driver is given an examination card, with which he goes to get his license.
What to do if you have lost your license in another city
In practice, it is common for a protocol to administrative offense was made in another city. Accordingly, and trial, and the delivery of the document will also take place there. How then to get your rights back?
The citizen has 2 options:
- he personally arrives in another city, visits the traffic police department, where he left his rights, passes a theoretical exam and takes his driver's license;
- applies to the traffic police department at the place of residence with a request to make a request to another city and passes a theoretical exam, and then takes the rights already in the unit at the place of its registration.
Is it possible to return the rights ahead of schedule?
There is no opportunity to get a driver's license before the expiration date of the sentence. You can take away the rights ahead of schedule only by giving a bribe to the inspector to whom you handed over the “crusts”. And these actions are punishable.
Art. 327 of the Criminal Code provides for a crime related to the use of forged documents. The punishment in this case was appointed up to arrest for 6 months. Moreover, the traffic police inspector will go as an accomplice in this crime and will also answer for his actions before the law.
But what if the citizen did not have time to take away the rights after the end of the sentence? We remind you that the "crusts" will be stored in the traffic police department for another 3 years. After this time, they will be destroyed, which means that the citizen will have to receive new rights.