For what traffic violations will your driver's license be revoked in 2020?

From one to three months

The minimum period of deprivation of rights provided by law is a calendar month. After it expires, the driver can pass the exam and resume driving - now more carefully observing traffic rules.

If the driver’s offense is less significant, a fine may be imposed as a penalty; if it’s the other way around, the sentence will be extended to two to three months, in accordance with the recommendations of the inspector who drew up the protocol and the court’s own opinion.

You can lose your ID for a specified period:

1. As a result of improper handling of state license plates. In accordance with Article 12.2, paragraph 2 of the Code of Administrative Offenses (the links below will be given in abbreviated form: “12.2, 2” and so on), an offense will be not only driving a car without signs, but also their incorrect placement or attempt to hide them or artificially make them unreadable.
2. Refusing to clear the road for a government service vehicle, provided that special signals, light and sound are turned on. As follows from 12.17, 2, only the simultaneous fulfillment of all three conditions serves as grounds for deprivation of rights.

A driver who does not allow a car with special markings to pass, but without warning devices turned on, does not risk anything - department officials must notify road users in advance about an emergency situation.

Returning the ID

In 2020, after confiscation of a driver's license, the driver has the right to return it only if he follows a procedure that guarantees that he is ready to return to the wheel.

The cycle of actions when it is necessary to restore a computer is a step-by-step process consisting of four steps:

1. Test of knowledge of traffic rules. If a person has been brought to administrative or criminal liability or is charged under a double crime, then he is required to pass a theory knowledge test at the traffic police department. Proof of ability to drive a car is not required; it is enough to show awareness of the traffic rules. You are allowed to retake the test many times.
2. Return application. An application must be submitted at least thirty days before the deadline. This is done either in person or by electronic means. The main thing is to indicate the number of the traffic police department where you plan to receive the certificate.
3. Medical report. Confirmation of the right to drive a car by doctors is not required for everyone who has been deprived of a document. However, it is necessary for those who have had their license revoked due to intoxication, as well as for everyone who has been prosecuted. Medical examinations take place in specialized institutions.
4. Receipt at the state traffic police department. A person with an identity document comes from the traffic police and takes the ID, presenting the test results and a medical certificate. If the license has expired, he will be given a new one with a ten-year period of use.

If the exam is not passed, the citizen is given the opportunity to re-apply at least a week later. It is not possible to return documentation without a successful test solution.

The law does not provide for the possibility of obtaining rights by a proxy; the person must appear in person.

From two to four months

Drivers of large or heavy vehicles whose actions fall under the description of Articles 12.21.1, 3 and 5 can part with their license for exactly two, three or four months. The table below contains the grounds for bringing a motorist to administrative liability.

In each of these cases, responsibility lies not only with the driver, but also with:

• the person responsible for organizing transportation;
• owner of the car.

The driver’s ignorance of the excess is not grounds for canceling the punishment: at best, the driver can count on replacing the deprivation of the license with an administrative fine.

The procedure for depriving a driver's license - the procedure for drawing up a protocol and withdrawing a license

After detecting an offense, a traffic police officer draws up a protocol, confiscates the driver’s license, and issues a temporary license. It is within the competence of the traffic police officer to remove the violating driver from driving the vehicle, detain the vehicle, and accompany the violator to a medical examination at the airport (in accordance with Article 28.3 of the Code of Administrative Offenses).

It must be remembered that a driver’s license can only be revoked by a court decision. A traffic police officer files a lawsuit against a driver who has caused a dangerous situation or an accident on the road regarding the administrative offense. These materials include a drawn up protocol on the offense, a diagram of the accident, an examination of the driver at the vehicle, and other documents confirming the fact of the offense.

The procedure for drawing up a protocol by a traffic police officer is determined by Article 28.2 (Part 2) of the Code of Administrative Offenses. The driver needs to know this procedure so that mistakes do not occur, which in court can become a serious argument against him or distort the facts of the incident. It should be remembered that a protocol drawn up incorrectly or in violation of the rules, containing errors, can be appealed by the driver. The court's recognition of the protocol as invalid leads to the termination of the case (this does not even depend on the fact of the offense).

Confiscation of a driver's license occurs at the place where the offense occurred. But this fact does not mean that the driver is guilty - it is determined later by the court. If the driver is subsequently found not guilty of the incident, the driver's license is returned to him immediately after the court hearing at which the judgment was made.

Instead of a seized driver's license, the driver is issued a temporary permit, the validity of which does not exceed two months. The temporary permit is valid until a court decision. If the court case lasts longer than two months, the validity of the temporary driving permit may be extended, the maximum extension period being one month. Read how you can return your rights early.

Four to six months

Most often in domestic practice, drivers are deprived of their rights for precisely this period. The offenses listed below, which are grounds for imposing penalties, are common, but at the same time do not pose a serious danger to other road users.

You can lose the ability to drive a car for up to six months:

1. Exceeding the speed limit for a section of road by 60 or more, up to 80, kilometers per hour - 12.9.4.
2. Having entered oncoming traffic, including on tram tracks - 12.15, 4.
3. Driving on a one-way road in the opposite direction - 12.16, 3.
4. When driving a large or heavy vehicle, the dimensions or weight of which exceed the permissible limits by more than 500 millimeters or 50%, respectively - 12.21.1, 1.
5. When transporting dangerous goods without the appropriate permit, qualifications or using a vehicle unsuitable for this purpose - 12.21.2, 1.

For exceeding the speed limit by more than 80 kilometers per hour, the driver will lose his license for exactly six months - Article 12.9, 5 does not provide for shorter periods.

How to mitigate a judge's decision with deprivation of rights?

1. An impeccable reputation as a driver. That is, no serious violations, rare minor fines that were paid on time.
2. Repentance for what he did.
3. Extensive driving experience.
4. Photos and videos from the place of arrest.
5. Indications of errors in the protocol with evidence.

If you were unable to get to the court, you can get a decision at the department or court located nearby.

You can find a solution by registering on the State Services website or on the FSSP website. You must remember to obtain a court order, and if the driver visited the courtroom, this document is issued immediately after the hearing.

From six months to a year

You can lose the right to drive for such a period in the following cases:

1. Installation and use on a car, personally by the owner or with his knowledge, of counterfeit license plates - 12.2, 4. It does not matter whether they duplicate the original ones or differ from them: the very fact of illegal use is important.
2. Use of equipment that produces unacceptable shades of light, including red - 12.5, 3.
3. Exceeding the permissible speed limit by more than 60 kilometers per hour within a year after the first similar violation - 12.9, 7.
4. Repeated movement in the wrong place on railway tracks or a long delay at a crossing - 12.10, 3.
5. Traffic on a one-way road in the opposite direction, recorded within a year after the first such violation - 12.16, 3.1.

The last three violations are considered repeat violations and are punished with the greatest possible severity: the guilty driver will lose his license for exactly one year.

How to return the VU

Depending on why your rights were deprived, the document restoration process may be as follows:

• For debtors of alimony or a loan, the entire amount of the debt is initially paid, and only after that, within 24 hours, the car owner gets his or her back. At the same time, he does not have to undergo a second medical examination by a narcologist and a psychiatrist, as well as a theoretical course at a driving school;
• For violators who have been subjected to serious administrative or criminal liability, restoration of the temporary residence permit occurs only after the period appointed by the court. It is not possible to return documents early under the above conditions.

From the article above, we learned why a driver’s license can be revoked and for how long. And to protect yourself, it’s better not to violate traffic rules at all. After all, sometimes even a slight excess of speed can cause a serious accident, as a result of which the culprit will end up behind bars.

From a year to a year and a half

A more severe penalty is provided for a driver who has committed one of the following offenses:

1. Installation of special lighting and (or) sound equipment on the machine - 12.5, 4.
2. Painting a car in the colors of any of the government services - 12.5, 6. Not only should the markings not be one hundred percent identical to the original, but similarity to the point of confusion is also unacceptable.
3. Creation of an emergency situation in which the health of at least one of the participants was slightly harmed - 12.24, 1.
4. Leaving the scene of an accident - 12.27, 2. Exceptions - urgent circumstances, in particular, the need to take the victim to the hospital.
5. Use immediately after the accident, but before undergoing an examination of alcohol, drugs or psychotropic drugs - 12.27, 3.

In the latter case, the driver will not only lose his license, but will also be forced to pay a fine of 30 thousand rubles.

Are there alternative situations when they can lose their license or issue a fine?

Now you can find out in what alternative cases your driver’s license will be revoked. If one of the above violations was recorded by a video camera, there are two possible options.

If the camera that recorded the offense was automatic, then the minimum punishment will be imposed - a fine.

In addition, there is another type of video recording cameras that use manual shooting mode. In this case, the resolution is issued by the inspector, and the pictures recorded by the video camera are attached to the case as evidence. After this, the case is sent to court, and in this case, avoiding punishment is unlikely.

From the Resolutions it can be noted that deprivation of a driver's license for a violation recorded by a video camera is impossible. This possibility only exists if the inspector was directly involved.

From one and a half to two years

Today, with the repeal of paragraph 4 of Article 12.27, two years is the longest period of deprivation of a certificate. You can become a pedestrian for this period:

1. Not only by installing, but also by turning on the equipment on the car for giving special light or sound signals - 12.5, 5.
2. Driving while drunk - 12.8, 1. It doesn’t matter what caused it: alcohol, drugs or other psychoactive substances: a medical examination will reveal any prohibited compound.
3. Entrusting driving to a drunk - 12.8, 2. Rules and restrictions - the same as above.
4. Having created an emergency situation in which the health of any of the participants suffered moderate damage - 12.24, 2.
5. Refusing a medical examination at the request of an inspector or after an accident - 12.26, 1.

In the second, third and fifth cases, the offender will have to pay a fine of 30 thousand rubles in addition to the main penalty.

There are currently no other grounds for revocation of a driver's license. The decision, as before, is made by the court, and the driver is given the right not only to defend his case there, but also to appeal the actions of the traffic police inspector.

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What are the criminal sanctions for?

In the table above, we looked at why and for how long a person can be deprived of a driver’s license. But in addition to administrative liability, the legislation of the Russian Federation also provides for criminal sanctions that come into force under the following circumstances:

• Violation of traffic rules (crossing solid markings, driving into the oncoming lane, exceeding the permissible speed, especially at a pedestrian crossing, or driving while intoxicated), resulting in death: up to 5 years in prison;
• Hitting a pedestrian or causing an accident, after which there are victims in serious condition: arrest for up to 4 years;
• Committing an offense that resulted in the death of two or more citizens: 7 years of imprisonment, followed by confiscation of the driving license for life.

An aggravating circumstance in all of these cases is the refusal of medical certification.

After all, even if the driver was not drunk and did not smell of fumes, ignoring the dragger procedure automatically makes him guilty. And the violator will no longer be able to appeal such a decision, like any other administrative protocol.

The moment the period of deprivation begins to count

In accordance with the Administrative Code, the period for deprivation of a driver’s license begins at the moment when the court decision comes into force. A court decision is issued in the form of a decree, which indicates the date on which this document becomes effective.

But everyone is given another 10 days to file an appeal to challenge the judge's decision.

If the decision is not appealed within this period, it automatically comes into force, and the violator of administrative law is obliged to surrender his license to the traffic police within 3 days.

If the document is not received by the traffic police department within the allotted time, the period for calculating the deprivation of rights will be suspended until the driver brings the driving license to the nearest road inspection department.

There is also an option when the period of deprivation occurs later :

• To assert their rights, the violator challenges the court's decision in the district court. Therefore, as soon as the verdict of the highest authority appears, the punishment will immediately begin to be calculated.
• The resolution comes into force when the driver receives it in person. If the court order was sent to the addressee by mail, then it will still take from a week to a month and, as soon as he receives it in his hands, he must submit his rights to the State Traffic Safety Inspectorate within 3 days, so as not to delay the calculation of the deprivation.

The driver who believes that the calculation of the penalty is already underway is wrong, although he has not surrendered his license and drives his car as if he had not been deprived of his license. As soon as the employees of the relevant authorities record the fact of driving on a driving license, which is subject to submission to the traffic police due to a violation of administrative rules, a fine will be immediately imposed on the driver, and the license will be confiscated immediately at the inspection site.