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In the situation with the deprivation of the right to drive a car in the Federation in 2022, there have been no significant changes so far. Punishment continues to threaten drivers who commit gross or systematic violations of traffic rules, and debtors. It is worth noting that in April 2018, a new law was adopted in the country, which provides for a ban on driving a car, suspected or accused of a crime.
Who can take away the right to control
Only a judge can revoke a driver’s license. The traffic police officer has the right to draw up a protocol on an administrative penalty. It can be challenged in court. If you do not agree with the arguments of the employee, you must indicate in the note of the protocol – “I do not agree”, – explained “KP” lawyer Anastasia Nikishina.
In other words, the traffic police officer initiates the decision on the need to withdraw a driver’s license in 2022. His competence includes only the execution of documents for the transfer of the case to the court, but not the withdrawal of a driver’s license. The decision on deprivation of the right to drive a car is issued by the court as a main or additional punishment. Note that for violations recorded by surveillance cameras, punishment is not applied at all.
How long can a driver be banned from driving?
In accordance with the commentary to Art. 32.7 of the Code of Administrative Offenses of the Federation, the period of deprivation of a special right cannot be less than one month and more than two years. However, according to the requirements of paragraph 3 of Article 32.7, the period of deprivation of a special right begins on the day following the day of the expiration of the term of the administrative penalty applied earlier. Therefore, if the court deprives the rights of a driver who has already been deprived of his rights, the countdown of the new term will begin only after the expiration of the first punishment. Thus, in exceptional cases, the driver may be deprived of the rights for a long period, equivalent to life.
Why you can lose your driver’s license
Deprivation of rights provides for several articles of the Code of Administrative Offenses of the Federation. The following is a non-exhaustive list of the most common violations, categorized according to the length of the sentence.
Deprivation for up to 3 months provides for part 1.1 of Article 12.1 for repeated driving of a vehicle that is not duly registered. The same punishment entails a violation of part 2 of article 12.2 for driving a car without state registration plates or with modified numbers.
For up to 6 months provide for the deprivation of the rights of parts 4 and 5 of article 12.9 for exceeding the speed limit by 60 to 80 km/h, or more than 80 km/h. A similar punishment threatens violators of Article 12.10 for leaving a railway crossing with a closed or closing barrier, or with a prohibitory traffic signal. You can lose your rights for six months as a result of a violation of part 3 of article 12.12 for re-passing a prohibitory traffic light; paragraph 4 of Article 12.15 for overtaking in the oncoming lane; as well as under article 12.16 for driving on a one-way road in the opposite direction of the flow.
For up to 1 year violators of part 4 of article 12.2 who drive a car with obviously fake numbers risk losing their rights.
For up to 1,5 years under article 12.5, drivers who install flashing beacons and their simulators (for example, strobe lights) may be suspended from driving. The same punishment is provided for in Article 12.27 for participants in an accident who left the scene.
Deprivation for a period of 1,5 to 2 years defined for violators of article 12.8, driving while intoxicated.
It’s important
Since July 2022, important amendments have been made to the criminal and administrative code. They concern violators who were repeatedly caught driving a car while drunk, although they had already been deprived of a driver’s license.
According to the administrative article 12.7 of the Code of Administrative Offenses (“Driving a vehicle by a driver who does not have the right to drive a vehicle”), if a driver deprived of his rights is caught driving again during the year, he will be punished with a fine of 50-100 thousand rubles. or compulsory work for a period of 150–200 hours.
If such a driver is caught driving for the third time, the violation will be regarded as a criminal offense. Here you can get a fine of up to 200 thousand rubles, 360 hours of compulsory work, and even sit in a colony for up to one year.
Another innovation is Article 264.3 of the Criminal Code of the Federation (“Driving a vehicle by a person deprived of the right to drive vehicles and subjected to administrative punishment or having a criminal record”). Its essence is that if a “disenfranchised person”, whose rights were previously taken away for a criminal offense, is once again caught driving, they can now be punished with a fine of up to 300 thousand rubles, compulsory work up to 480 hours, and give two years in prison. The law also provides for the confiscation of the car of such a violator.
How to find out the period of deprivation of a driver’s license
The countdown, according to the explanations of the traffic police, begins on the day the court decision comes into force. After its issuance, the driver’s license must be handed over to the traffic police within 3 days. If the driver has not done this, the term of punishment is extended in accordance with paragraph 2 of Article 32.7. Thus, the countdown of the period of deprivation will begin only after the driver’s license has been handed over or an application for its loss has been received.
How to pass the certificate to the traffic police
It is assumed that the driver’s license will be handed over to the unit to which a copy of the court order is sent. However, this condition is not directly stipulated in the law. Therefore, if the decision on the deprivation of rights was issued by the court at the place of residence, and the driver is thousands of kilometers away, the law does not prohibit handing over the certificate to another unit. If the employees of the traffic police unit at the actual place of residence refuse to accept the certificate and issue a written confirmation, the rights can be sent to the same unit by registered mail with a description of the attachment and a return receipt.
How to get your driver’s license back
According to Article 32.6, in order to return the license, the driver must pass a test of knowledge of traffic rules and pay all fines. The test includes only a theory test. At the same time, you can pass the exam in advance, after half the period of deprivation of rights established by the court.
What else can you lose the right to drive a car
Back in January 2016, the amendments “On Amendments to the Federal Law “On Enforcement Proceedings” and Certain Legislative Acts of the Federation” came into force. The amendments expand the list of enforcement actions performed by a bailiff in relation to debtors. In particular, for non-payment of fines or alimony, the possibility of temporary restriction of the debtor in the use of a special right to drive vehicles has been established. The restriction is valid until the requirements are met in full or until other grounds arise for its cancellation.
In April 2018, a law came into force introducing a new measure of restraint for persons suspected or accused of a crime – “a ban on certain actions.” According to the new article of the Criminal Code 105.1, the court, in particular, may establish a ban on driving a car or other vehicle if the crime is associated with a violation of traffic rules and the rules for operating vehicles.
The duration of the ban depends on the severity of the crime. For minor and moderate severity, a ban can be imposed for up to 12 months, for serious crimes up to 24 months, and for especially serious crimes up to 36 months. The countdown of the term, as well as in the case of violation of traffic rules, begins from the day the court makes a decision.
The decision to select a measure of restraint is made by the court after consideration of the petition of the investigation. The driver’s license is confiscated from the accused or the suspect by the investigator, the investigator or the court. The document is attached to the criminal case and kept as part of it until the ban is lifted. Since the “prohibition on certain actions”, in fact, is a kind of preventive measure, the Federal Penitentiary Service is obliged to control the execution of court decisions.
By the way
In 2022, it is planned to start using rapid alcohol tests for motorists.
If the traffic police inspectors have doubts about the sobriety of the motorist, but they are not enough to start the “purging” procedure with the help of a breathalyzer, the inspector may offer the driver to use the preliminary express method. The driver may refuse to check, and this will not entail any legal consequences. But in this case, the inspector will have to draw up an act of suspension from driving. After that, the motorist will have to “blow into the tube” or go to a medical facility. According to the head of the traffic police, Mikhail Chernikov, this innovation will just allow you not to waste time on completing the medical examination procedure. If the analysis shows that the motorist is sober, it will be possible to move on without formalizing any administrative procedures.
The arrival of express devices for the rapid detection of drunk drivers is expected in 2022.