Drivers know that the road is full of surprises. Different situations are not always pleasant, for which subsequently will have to be punished. In addition to the penalties imposed for violation of traffic rules, there is currently a temporary deprivation by the court of a driver's license.
The article will consider what can be deprived of a driver's license, and for how long the ban will be valid. The main conditions of this question are described in the Code of Administrative Violations.
- 1 The purpose of non-financial punishment
- 2 Terms of temporary deprivation of the certificate
- 2.1 Interval 1-6 months
- 2.2 Interval 6 months 1.5 years
- 2.3 Interval 1.5-3 years
- 3 Mitigating circumstances
- 4 Divestment of debts
- 5 Riding without a license
The purpose of non-financial punishment
Measures to combat violators of traffic rules are being tightened. This is due to the desire of the state to instill a responsible attitude towards road behavior. This is due to the fact that traffic accidents not only cause material damage, but also cause damage to the health and lives of citizens.
Not for all financial punishment is an effective measure, therefore, recently, such forms as mandatory work and temporary deprivation of rights have been introduced. For many drivers, such factors have become decisive. At the same time, the final decision on in which cases a driver’s license is deprived or a milder punishment is imposed, if possible, is left to the court. There the driver has the opportunity to defend his case in each of the situations.
Terms of temporary withdrawal
Legislatively fixed certain time intervals for deprivation of rights. However, there are general limitations for all cases. In regulatory documents there is no period less than 1 month for an illegal act behind the wheel, and the maximum period is limited to 3 years. Options are also being considered for depriving a vehicle of permission for life.
Interval 1-6 months
- From 1 to 3 months will be deprived of driving without a state number on a registered car, as well as for not losing to a special car with color inscriptions and other symbols on it and flashing beacons turned on.
- From 2 to 4 months for the transport of bulky goods, which protrude 10 cm or more from the allowed rate.
- From 3 to 6 months during the closing or detour of the closed barrier, as well as during other signals prohibiting the intersection of the web (semaphore, employee of the railway enterprise).
- From 4 to 6 months will be deprived for speeding by 60-80 km / h. Violation of transportation of oversized cargo of special purpose (change of route, tonnage, metric area). Departure to the oncoming lane. Transportation of goods classified as “dangerous” without permits.
Interval 6 months 1.5 years
- From 6 to 12 months for driving a vehicle with built-in light devices of red color or other, the color of which does not correspond to that established for operation by traffic regulations.
- For 12 months for repeated violation of the railway crossing.
- From 1 to 1.5 years for driving, after which the victim suffered minor damage to his health. Also punished drivers who voluntarily left the scene of the accident, of which they were a participant. For motorists who drive a car with illegally inscribed car designations of operational services. Drivers who have illegally installed light and sound signals, except for the alarm system (illegal equipment is withdrawn).
Interval 1.5-3 years
- From 1.5 to 2 years for violation of traffic rules, which resulted in injuries to the health of moderate severity. Refusal to undergo a medical examination to control the state of alcohol intoxication. The use of alcoholic drugs or narcotic substances after stopping the car inspector and before conducting a medical examination. Deprivation is carried out for driving while intoxicated or handing over the vehicle to a person in this state. For the filing of sound or light signals illegally installed relevant devices (removal of light or audio devices).
- The reasons for the deprivation of a driver's license for a maximum period of three years is that the driver violated articles of the Administrative Code, which prescribe a medical examination for the presence of alcohol and drugs in the blood, or violated or made a repeated accident with moderate injuries.
Only the court can call it “guilty” and pronounce the sentence in our country. However, the judicial authorities do not always pass this kind of sentence. The circumstances of the case may be affected by various circumstances, including those that will be in favor of the accused.
Their limited list is given in Article 4.2.2 of the Code of Administrative Offenses. At the same time, the judge has the right to independently determine some of the circumstances as mitigating the fault.
Deprivation of rights for debts
Since January 2016, small but significant changes to the Law on Enforcement Procedure came into effect. According to these amendments, you can lose your driver's license even for debts on child support. When the amount of non-payment reaches 10 thousand rubles, the bailiffs come into action.
Deprivation of rights for debts
They notify in any convenient way for the addressee about the presence of debt. This is done even by email. You can check the debt on this line on the website.See also: How to ride a box machine in the winter
Unpaid fines may be included in the list if their total value also exceeds 10 thousand rubles. Information about their non-payment of traffic police officers are transferred to the FSSP bodies 80 days after the commission of the offense. Next, the bailiffs have the right to suspend the rights, which the driver may sometimes find out even by accident after checking his documents at the traffic police post.
Temporary deprivation of rights by bailiffs
Disabled persons of groups 1 and 2, in which this vehicle is associated with a disability or dependent, are disabled groups 1 and 2, do not fall under this regulation Also, the bailiffs will not take away the certificate from those drivers for whom the vehicle is the only and legal means of subsistence.
Term deprivation ends after repayment of debt. As soon as the bailiff receives the data, the next day he is obliged to transfer information to the traffic police about the removal of restrictions. In fact, this process may be delayed for a longer period.
Debts on bank loans are not subject to this law. For the rest of these debts, it is desirable to achieve a deferment or installment plan, in order to avoid driving restrictions.
If the car owner violates the ban on driving unpaid debts during this period, then under the Administrative Code of the driver will be punished with a deprivation of rights for a period of 12 months or 50 hours of compulsory work.
Riding without a license
A driver cannot lawfully travel in a vehicle without a valid certificate with open necessary categories. It is clearly spelled out even in the SDA. Punishment for driving without a license for “drivers-deprived” is much more severe than for those who did not even have this document. After all, newcomers get off just a fine.
Driving without a license is a violation of traffic rules
Under the law, the judge will not be able to repeatedly deprive the driver of the rights for which the deadline for withdrawing the certificate has not passed. Also the minister of Themis has no opportunity to confiscate the rights for more than 3 years. Some drivers consider this a relief and try to drive without a license.
However, under art. 32.7 h.3 of the Administrative Code of the decision issued by the judge enters into force from the next day when the previous one ends. Accordingly, the term is still summed up and the unfair driver pushes his right to obtain his rights.