Согласно нормам закона забирать водительское удостоверение сотрудник ДПС не имеет права. Однако, такой тип наказания, как лишения прав за определенные нарушения на дороге остался. Таким образом, не каждый водитель понимает, do I need to take the right after the deprivation of the right.
- 1 What is the principle of deprivation of identity
- 2 Withdrawal or Voluntary Transfer Procedure
- 3 What period do you need to pack
- 4 What will happen if you do not pass the right after deprivation
- 5 Confirmation
- 6 Conducting court sessions
What is the principle of deprivation of identity
The ban on the direct removal of the document from the driver has been in effect since 2013. At the same time, in the autumn amendments of the same year, amendments were recorded to the same law No. 196-FZ, according to which the responsibility for transferring the certificate to the traffic police department is shifted directly to the violators.
Deprivation of the right to drive a car can be imposed not only because of neglect of the road rules. The court has the opportunity to take this right even for non-payment of alimony. At the same time, the procedure for filing documents will be the same as during the proceedings with the offenders.
The judge can make a verdict against the traffic offender in the following cases:
- the car that the driver drove was without license plates or with fake license plates;
- there are outstanding debts on fines, alimony, etc. in the amount of more than 10 thousand rubles;
- LED lights are wrong;
- the offender was intoxicated;
- there are illegal beacons or sirens on the car, and they are used without permission;
- repeated significant speeding;
- refusal of medical examination;
- crossing railways in the wrong place;
- departure to the oncoming traffic lane without signs allowing it;
- the intersection is double continuous;
- blocking ambulance traffic, fire or other emergency services;
- violation of the rules of transportation of goods.
Items can be supplemented according to the traffic rules.
Withdrawal or Voluntary Transfer Procedure
Earlier, the inspector took the rights directly during the inspection of the scene of the offense, and in return issued a document for temporary use, valid until the court issued its decision. After the entry into force of the new conditions, the certificate remains in the hands of the driver until the court decision.
It is worth paying attention to the following recommendations:
- When on-site inspector makes it clear that the driver should go for medical examination to control the degree of intoxication, it is not recommended to resist. You do not need to sign on the protocol of agreement with the data of the mobile breathalyzer. A written disagreement, indicated in the protocol, is allowed.
- It is not worth refusing to examine, since in this case the situation will be identical to the legal recognition of the violation.
Usually, where to take the rights after the deprivation, motorists are obliged to explain in the courts when the appropriate decision is given.
It should be borne in mind that not all drivers have the opportunity for various reasons to participate in meetings. This is due, as a rule, to the issuance of most of the verdicts in other regions of the country. In this regard, it is necessary to take care of the non-violation of the law.
There is a certain procedure for the delivery of a driver's license to the traffic police after the deprivation. Wrong is the act in which the car owner goes to the traffic police department and gives his document to the first window.
It is important to know that the violator of traffic rules is obliged to fill out the appropriate form in two copies, one of which remains with him, and the second is transferred to the authorized inspector.
In the submitted document the required data are:
- Expanded name of the judge who was considering the case of seizure;
- indicate the number of the decision;
- passport details of the car owner.
To confirm the fact of admission, the traffic police officer is obliged to fix the mark on the form of the offender. This copy will need to be maintained until the period until the deprivation is fully completed. To go to pass VU is allowed to the nearest branch of the traffic police.
What period do you need to pack
For the submission of documents, the law sets aside a three-day period, which begins on the day the sentence is pronounced. By giving their rights properly, the offending driver independently assigns a countdown period for their return. The date of the ruling is a basic temporary beacon.
It is worth paying attention to the fact that the driver does not always know whether it is possible to use his vehicle immediately after being detained by an inspector. The review procedure begins with the period of registration of the protocol inspector. A properly drafted document must be sent to the court no later than on the third day from the date of registration, where the magistrate will be considered.
Even after the decision has been taken, the motorist has 10 days to appeal this decision. Accordingly, from the day of the offense there are almost two weeks of legal use of documents.
What will happen if you do not pass the right after deprivation
It is not recommended to abuse the presence of a certificate and travel with it after a prohibiting court decision Such behavior is fraught with punishments of different types:
- a fine of up to 30 thousand rubles;
- 15-day arrest;
- correctional work up to 200 hours
Identify the offender, who did not return the right within the prescribed period of time is easy enough, because it uses the open traffic police database. The fact that not all guilty drivers are in a hurry to part with the "crusts", stated in the department department. Some motorists believe that the sentence begins to count automatically after the decision of the judge.
It is important to know that the sentence begins to run off only from the time all the necessary documents are handed over to the traffic police department.
If there is a delay in the transfer, then it does not start the period of counting the established punishment. In the offset is only the day of delivery.
Fact of confirmation
It is legitimate to ask motorists how to prove that everything on their part was done in a timely manner. In this situation, the main confirmation is a certified statement received by the hands of the traffic police officer.
The document must contain the current date of acceptance and details of the recipient. All this is certified by a stamp or seal. No additional receipts are required by law enforcement officers. If the “crusts” are lost, then this does not exempt the driver from going to the office also within three days from the date of the decision. There is written a statement indicating the loss.
Conducting court sessions
Drivers do not always know the due date of the proceedings in their case. Get the latest information can be on the link. Engaged in the consideration of the magistrate in the institution, which is closest geographically located to the place of the accident.
The driver may file a petition to transfer all proceedings to the place of his registration. Such a phrase must be entered in the protocol to the traffic police officer at the scene of the accident. The car owner has the right to examine the submitted materials and evidence to send their explanations. It is advisable to consult with lawyers in advance.
The absence of the culprit at the trial is admitted, however, in such a situation it will be difficult to prove one’s innocence. In favor of the motorist can be all sorts of violations that have arisen in the paperwork. It also has the right driver or participants / witnesses to provide video or photo evidence.
You can learn about the court decision from different sources:
- in any department of road inspection;
- on traffic police posts;
- in the court office.
The decision must be sent by e-mail, as well as placed on the portal of state services and the traffic police resource.