Early acquisition of rights. Advice for drivers on how to legally and without problems get a license early after being revoked. Early return of driver's license: bill, grounds and recommendations

By law, the confiscation of a driver's license results in the driver being deprived of the right to drive a car for a certain period of time. The document is confiscated not only for driving while drunk, but also for other offenses on the road. In some cases, a person is left for quite a long period of time. For the vast majority of drivers who have spent their entire adult lives behind the wheel of a car, losing their license overnight is a big stress. So they start looking for loopholes to get their driver's license back.

How, according to the law, you can return your driver’s license early after deprivation in 2019, will be discussed in this article.

Early return of driver's licenses in 2019: what the legislation offers

Once upon a time, in 2015, there was already an attempt to submit for approval to the State Duma a draft law under No. 561521, which introduced changes to the Code of the Russian Federation regarding administrative offenses. It considered the possibility of returning driver's license ahead of schedule for a traffic violator.

This bill addressed the issue of conditionally early return of rights for any offense on the road. But this bill was not destined to reach the first reading in its original form. It was slightly adjusted, but not in favor of the guilty drivers. Persons who drove while drunk or those who refused a medical examination will not be able to return their license until the expiration of the deprivation period.

The calendar says 2018, but this bill has not yet been adopted, as it is being considered by the State Duma.

Attention! After the bill is approved, drivers will be able to return their license early as soon as half of the deprivation period has passed.

Who has the right to return their driver's license early?

After the adoption of the bill, only those drivers who were convicted for reasons such as:

• departure for oncoming lane(second time);
• moving in the opposite direction on a street where only one-way traffic is provided (second time);
• crossing a railway crossing at the time of a prohibitory traffic light signal;
• using an unregistered vehicle as vehicle(second time);
• forgery of registration plates or their concealment, driving with illegally installed special signals;
• exceeding the speed limit by 60 km/h or more, driving through a red traffic light (second time);
• non-compliance with accepted rules for the transportation of dangerous and bulky goods;
• ignoring vehicles with special signals.

According to the law, it will be possible to return the license ahead of schedule through the court and only if the driver shows exemplary behavior during the past, but not yet completed, period. If the driver, due to his employment, cannot submit an application for parole himself, then he can delegate this matter to his lawyer or authorized representative. The submitted document must contain information about full or partial compensation for the damage caused, the repentance of the offender and information that over the past period from the date of seizure of the document he has not been found guilty of other offenses.

Exemplary behavior of a deprived driver

But how can one evaluate the driver’s behavior during this period if he did not violate traffic rules, since he regularly followed the law and did not drive a car? Otherwise, if he had broken the law, he would not have been able to count on any early release.

The phrase “exemplary behavior” probably means the following:

• A driver who has been deprived of his license admits his guilt;
• They repaid all debts on fines issued by the traffic police;
• The property or health-related damage that he caused to citizens has long been compensated;
• Has not been found guilty of any new offences.

The procedure for early receipt of a driver's license after deprivation

At the beginning of the early return process driver's license can be calculated only when the period of deprivation of the document approaches its equator. Let's look at this using this example: a certificate confiscated for 1 year can be returned after 6 months. The procedure for returning rights requires filing an application with the traffic police.

Where to go

In order to receive a certificate ahead of schedule, you need to send an application to the traffic police department, which accepted it for storage after deprivation. If the driver lives in another place (city, region), then he must send the application to the road service inspection where the certificate was left by mail.

You also need to know that an application for obtaining a driver’s license ahead of schedule must be submitted no later than 1 month before the complete cessation of the ban on driving a vehicle.

In case of repeated violation of traffic rules, the shortened period of punishment will be added to the new period of deprivation of rights.

Documents for returning rights ahead of schedule

To ahead of schedule to regain the right to drive a car, the driver, when contacting the traffic police department, must have on hand the following documents:

1. original civil passport of the Russian Federation;
2. an act issued by the traffic police confirming the delivery of the certificate;
3. court decision;
4. certificate from the medical center;
5. written statement.

Theoretical exam

At the next stage, early return of rights will need to be done using computer testing using tickets. Each ticket contains 20 very different questions that the examinee must answer.

Time allotted for completion test tasks, is calculated in 20 minutes, i.e. You are given only 1 minute to think about one question. A couple of mistakes out of twenty made by the driver are considered an acceptable error, so in this situation the exam will be considered passed. If the number of errors exceeds the permissible norm, then the exam is considered failed and the exam must be retaken after a week. As soon as the driver successfully passes all the tests, he will be given a special card. It must be attached to all required documents and sent to the archive where all confiscated licenses of offending drivers are stored.

Deadlines

Familiarization with the application and subsequent issuance of the required document to the traffic police takes place from 1 to 10 days (weekends are not included).

In what cases can early return of rights be denied?

1. The return of rights at an earlier date may be prevented by even one unpaid administrative fine. there is all the information on debts, which can be identified if you enter the driver’s license number or vehicle number in the query line. If there is a debt, then you can pay it off using the State Services portal, Sberbank online or on the traffic police website.
2. Drivers who have been convicted of driving while drunk or those who have refused a medical examination to determine the presence (or absence) of alcohol in the body cannot apply for a return of their license before the end of the deprivation period.
3. And one more reason influences the refusal to return rights early and is related to violation of the rules of conduct and failure to fulfill one’s duties during traffic accident on the road.

Rules of conduct for which early return of the driver's document is not provided:

• drinking alcohol, using narcotic and psychotropic drugs immediately after an incident on the road, or taking these drugs while the car was stopped by a patrol on duty before a medical examination and during the period when the responsible person decides to cancel it;
• despite being a participant in the incident.

How can I return my license early if the law has not yet been adopted?

We did everything to explain to you how to return your rights early after deprivation, while being guided by draft law No. 561521-6, which addressed the issue of amending the Code of the Russian Federation on Administrative Offenses. But it is unknown when this law will be adopted.

Today the only way is to file a claim with judiciary. A court decision can be appealed within 10 days under Art. 323 Code of Criminal Procedure of the Russian Federation.

This is not an idle question. For driving while drunk, your license in accordance with Article 12.8.1 of the Code of Administrative Offenses of the Russian Federation can be taken away for up to two years. A repeated violation will be subject to the Criminal Code of the Russian Federation; according to Art. 264, the violator can be deprived of his rights for up to three years, and the ban will apply to all types of transport, as well as a fine of up to 300,000.

But fortunately for drivers, legislators met them halfway. On September 1, 2016, amendments were made to the Code of Administrative Offenses, changing the algorithm for deprivation of rights after such a violation. For such an opportunity we must thank Senator Vladimir Fedorov, who prepared the bill back in 2014.

You can return your license early!

How to get your license after half the term if you were deprived of it for drunkenness?

You often hear the opinion that it is impossible to return your license on parole for drunkenness. This is true; under these articles, parole is impossible. However, there is still a way out. Even two exits.

Current legislation provides this opportunity. And not only by petitioning to reduce the sentence. Few drivers know - but now You can only take away your license for driving while intoxicated by a court decision.. Traffic police officers no longer have the right to take away this document. They only draw up a protocol on the basis of which the court makes a verdict in your case.

And in this fact lies salvation. If the protocol is drawn up with errors, based on Article 311 of the Arbitration Procedure Code of the Russian Federation, you can declare it falsified and achieve a complete acquittal on this basis. Therefore, read the protocol more carefully; every incorrect number or letter in it gives you a chance to remain with your license and without a criminal record.

Most often, traffic police officers make mistakes in the following points:

• Violator details.
• Vehicle series and number.
• Date, time and place of arrest.
• Passport details of witnesses.

Also, when drawing up a protocol, sometimes it contains the wrong article that your offense falls under. The road situation is either ignored or described incorrectly.

Important! In order to be able to use this opportunity, you cannot simply sign the protocol at the place of arrest. Even if it is drawn up without errors, you must write on it “I do not agree with the protocol,” and only then sign it.

At this stage, an intelligent lawyer will come in handy, who will assess the legality of all the actions of the guards, including whether they had the right to use a breathalyzer and whether this device met all the conditions prescribed by law. In Russia, traffic police officers have low legal literacy and make many mistakes during detention and examination, so the chance of success is quite high.

Even if the court renders a guilty verdict, file an appeal. Even if the trial did not end in your favor, the law gives you 10 days from the date of the verdict to appeal it.

Each such mistake gives you the opportunity in court to insist that the case was fabricated and you are innocent.

Chances of shortening your sentence

If you have been deprived of your rights by court, do not despair. After half the sentence has expired, file a petition with the court to review the case and reduce the duration of deprivation of rights to the minimum of one and a half years.

If you have a lawyer or other legal representative, they can also file the petition for you. A positive reference from your place of work will also be useful.

But there is one caveat. This can only be done if you have been given a sentence greater than the minimum - usually two to three years.

How to do this?

It is difficult to reduce the sentence to the minimum; it is not permissible in all cases, but the chances of doing this are quite high.

The law specifies documents that will make it clear to judges that the offender has reformed, repents and has made conclusions. This can be any paper that characterizes you positively, namely:

1. from the district police officer that you are characterized positively.
2. from the place of work signed by the boss. If driving a car is necessary for you successful work– this must be indicated.
3. The doctor’s conclusion that you are not a binge alcoholic, which means the violation was a one-time occurrence.
4. Your personal request. It must contain a logically consistent reason to return your rights. For example, so that you can travel to work in another city and feed your family.

For many motorists who, for various reasons, the issue of their early return is relevant. The corresponding amendments have been under consideration by legislators for almost two years. At the same time, adjustments are constantly being made to the bill regarding changes to the Code of Administrative Offenses of the Russian Federation.

How to return your license early after deprivation in 2020

If you believe latest edition bill, then those drivers who have behaved well and are firmly on the path to correction will be able to do so ahead of schedule. It is clear that the criteria for conscientious behavior still need to be clearly defined. This largely causes the delay in the adoption of such important amendments.

However, we can confidently assume that the early return of rights will be accelerated by:

• compensation for damage to the injured party in full or in part;
• actions indicating a person’s voluntary repentance;
• no violations of the law within the allotted period of deprivation of rights;
• repayment of all obligations regarding existing fines.

Deprivation of rights, as well as their return, is the prerogative of the court. To do this, the violator will have to file a petition with the court, in which it is necessary to justify that the person has finally changed his behavior in better side. However, legislative initiatives suggest that not everyone can return their rights early. Those people will not fall whose rights were taken away due to:

• refusal to undergo a medical examination;
• or under the influence of drugs;
• repeated violation of rights.

There is one more important detail in the proposed bill. You can seek early return of your license only after half the period that the court has imposed on the driver as punishment.

Passing the parole exam

The current procedure for returning a deprived driver’s license requires passing an exam on knowledge of the points of the rules traffic.

This must be done regardless of how long the car owner’s license was taken away. And if a person fails the test the first time, then after a week he can try again. And this can continue an unlimited number of times.

However, if you believe the proposed initiatives, then passing the exam will be required when the violation committed involves deprivation of rights for a year or more. If the rights were taken away for a shorter period, then for their early return an appropriate court decision.

At the same time, the bill adds another measure of responsibility. For example, if a person’s license was returned ahead of schedule, but he soon committed a serious violation again. Then the part of the time that was forgiven for the previous offense will be added to the new period of deprivation of rights.

Be that as it may, the issue of amnesty for violators has been postponed until 2020. Therefore, now you can defend your driver’s license only within the framework of legal proceedings. For example, if a case of deprivation of rights is being considered in court, the driver or his lawyer may refer to violations that were committed by the inspector when drawing up the protocol and other materials.

In addition, you can refer to the expiration of the statute of limitations for making a decision. Today it is 3 months from the moment the driver receives a copy of the protocol on the offense committed (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

Early return of driver's licenses

The corresponding bill, after much vicissitudes, has reached the finish line. The profile committee of the State Duma recommended it for consideration in the first reading. As Vyacheslav Lysakov, one of the co-authors of the document, First Deputy Chairman of the State Duma Committee on Constitutional Legislation and State Construction, told RG, in the first reading, perhaps the project will be considered in the spring session.

Let us recall that the author of this initiative, Senator from Karelia Vladimir Fedorov, has been promoting such an idea for a long time. Almost from the time when he himself headed the State Traffic Inspectorate. According to him, back in Soviet years There was such a practice as early return of a driver’s license for good behavior. If we even provide for parole for criminal offenses, then why not have one for administrative liability as well.

Those who have been deprived of them for driving while intoxicated will not be able to return their license before the expiration of the deprivation period.

Initially, the bill provided for the possibility of conditionally early return of rights for any violation. However, the bill reached the first reading in a truncated form. Those who were deprived of them for driving while intoxicated or refusing a medical examination will not be able to return their license before the expiration of the deprivation period. According to Vyacheslav Lysakov, now, literally the other day, amendments to the Criminal Code will come into force, which provide for criminal punishment for repeated driving while intoxicated, as well as for repeated refusal to undergo a medical examination. That is, there is an increase in responsibility for these violations, so it would be wrong to introduce relaxations, especially at a time when the new norm has been adopted but has not yet come into effect.

Thus, parole will affect those drivers who were deprived of their license for driving into the oncoming lane (secondary). For driving in the opposite direction on the street with one way traffic(secondary), for crossing a railway crossing with a prohibitory traffic light, for driving an unregistered car (secondary), for concealing registration plates or driving with false license plates, installing and using special signals, speeding by more than 60 km/h, repeated passage running a red light, violating the rules for transporting large and dangerous goods, failure to give priority to vehicles with special signals.

The bill suggests that the court must return rights early for good behavior. A petition for such parole can be submitted to the court directly by the person punished, as well as by his lawyer or legal representative. The document must contain information that the offender has fully or partially compensated for the damage, repented of the act committed, and has not committed other offenses.

True, it is not entirely clear by what parameters exemplary behavior should be determined. Did the person violate any traffic rules? So he simply cannot violate them, because he is not allowed to drive. And if he sat down, he won’t face any relief.

What should confirm his exemplary behavior? Characteristics from the place of work, from the housing office, from the district police officer? In general, this is a rather unclear point. Among other things, it became one of the reasons for the government’s negative conclusion on the bill. This conclusion also states that the legislator, establishing the type and limits of punishment in the Code of Administrative Offenses, proceeds from the need to prevent the commission of new offenses both by the offender himself and by other persons, linking the achievement of this goal with the appointment and execution of the decision on an administrative offense. Early return of a driver's license "will eliminate the possibility of achieving the goals of administrative punishment."

According to Vyacheslav Lysakov, against the backdrop of regular tightening of liability, there should also be measures to encourage drivers. If a person finds himself in such a situation for the first time, it is possible that he broke the rules by accident - and this happens - he realized everything and repented, then why not meet him?

Let us remind you that this is not the only option for easing punishment for drivers. From January 1 next year, amendments to the Code of administrative offenses, which provide the opportunity to pay only half of the fine. True, this will apply to those drivers who pay the fine within 20 days from the date of its issuance.

Drivers with a revoked license can get their license back early thanks to possible changes to the legislation on administrative violations.

The decision is assigned to the judge who considers the motorist’s petition. Since there are no exact criteria, the decision will be based on the following:

• absence of any violations of the law during the period of punishment;
• payment of imposed fines with confirmation by relevant documents;
• payment of compensation for damage caused to victims by the offender.

It is possible to return rights early after deprivation no earlier than half of the punishment period has expired. Reduction of punishment is not allowed if:

• systematic violations of traffic rules;
• seizure due to intoxication;
• driver's refusal to undergo a medical examination.

If the court makes a decision in favor of early return of the driver's license, the driver will need to retake the exam on traffic rules theory.

Attention! The legislation does not provide for restrictions on the number of retake attempts.

Until this law is adopted, it is impossible to return rights ahead of schedule. The only chance to stay with a driving license is to prove your innocence during a court hearing to confiscate your ID.

Is it possible to take away driving licenses if the court has decided to confiscate them for a violation?

At the 36th meeting of April 7, 2017, the relevant committee of the State Duma of the Russian Federation approved bill No. 561521-6, which considers whether it is possible to return rights ahead of schedule. Thus, upon adoption of this project, the driver will be able to return his driver’s license in cases where more than half of the assigned punishment has expired.

Important! The principle of how to return a driver's license after deprivation early is based on the experience of parole for criminal liability.

For example, it is possible to be released from punishment for violating traffic rules in case of exemplary behavior. To return the document, you will need to file a petition with the court at the violator’s place of residence. Based on the characteristics of the driver and his behavior during the seizure, the court may rule in favor of ending the driving restrictions.

This bill is currently undergoing many changes with approval from various State Duma committees Russian Federation. Initially, the bill on how to return rights early after deprivation implied the return of the certificate for any of traffic violations.

However, after consideration of the bill in the State Duma of the Russian Federation, this point changed. Now, people who are caught in a state of intoxication or refuse to undergo a medical examination will not be able to return their driver’s license before the established period.

What documents must be presented in case of return of the temporary residence permit?

Is it possible to return your license early after deprivation? It is possible to return a previously established document only after half the period of deprivation has expired. For example, if the withdrawal was scheduled for 10 months, then you can begin the return procedure only after 5 months have passed.

First of all, the traffic police department where the driver's license was handed over is visited and a request for return is submitted. This is done using a very simple form, and those who are interested in whether it is possible to obtain rights early after deprivation will be able to fill out everything on the spot. You need to have with you:

• passport of a citizen of the Russian Federation;
• a receipt confirming the delivery of the certificate;
• standard medical certificate for the university;
• court decision.

How to return your license early if the traffic police department is in another city?

In this case, the application is sent by mail. The text indicates a request to forward the documents to the traffic police department at the offender’s place of residence. This process may take up to two weeks.

Important! A confiscated driver's license must be returned no later than three years after surrender. Otherwise, the document will need to be restored.

Which government body is involved in resolving this issue?

Many Russian motorists think that after drawing up a report on some of the traffic violations, they have already been deprived of their driver’s license. In reality, only a court can make such a decision.

When wondering whether it is possible to return your rights before the deprivation period, it is important to understand that you can completely avoid the seizure of the document. For example, if the decision to confiscate the certificate was made within a period exceeding 2 months. The fact is that the court has only two months to make a decision.

In cases where you delay court hearing impossible, there is an opportunity to prove your innocence or the inconsistency of the accusation. Witnesses are brought in as confirmation. Or the tactic of proving the inconsistency of the testimony of prosecution witnesses is possible. There are many ways to challenge the protocol - from indicating the wrong article to writing the wrong date or making an error in the driver’s data.

It is also possible to appeal a court decision to a higher authority. Since an ordinary driver is not able to figure out in this situation whether it is possible to return the license ahead of schedule, it is permissible to seek the help of a car lawyer.

The lawyer will be able to appeal the verdict, which will allow, on the basis of the decision, to withdraw the driver's license ahead of schedule without passing the theoretical exam. Detailed information on the return of documents after deprivation is described in Resolution No. 1191.

Persons who wish to return their driving license after the expiration of their punishment must submit a corresponding application to the traffic police department and pass a theoretical exam. If unsuccessful, you can try again only after a week. The number of attempts is unlimited.

It must be remembered that, according to clause 9 of Resolution No. 1191, in cases where the holder of a license has become invalid during the period of withdrawal, its return is carried out in accordance with the procedures for initial receipt: passing an exam, filing necessary documents and payment of duties.

Here are other ways to return your car license early, which drivers use because of temptation.

ATTENTION! Due to latest changes due to legislation, the information in the article may be out of date! Our lawyer will advise you free of charge - write in the form below.