Retake on rights after deprivation: features, requirements and recommendations
Does Russia need a retake of rights after deprivation? How can you return your driver's license, which was previously withdrawn? Next, we have to find out what path the modern citizen has to go in translating the idea into reality. In fact, not everyone knows how to properly regain a driver's license. Accordingly, there may be some difficulties with the process. What to look for in the first place?
To date, the retake of traffic rules after deprivation of rights is one of the most relevant methods. The thing is that even with the initial registration of the document (driver's license), not everyone is able to cope with the tests. According to statistics, only 30% of citizens with a single attempt to pass on the right. The rest have to face a retake.
Today, drivers are faced with the following features of the process:
- You can take the exam in any region;
- the test is carried out on a personal application filed with the traffic police or through "State Services";
- having passed the practice on the “machine”, for the “mechanic” after getting the rights to sit down it will not work.
Usually these features are extremely relevant for those who first receive a driver's license. But when returning / exchanging a document, it is also necessary to take such points into account.
Do I need to take
Some citizens are interested in whether retake is necessary after deprivation of rights. After all, there are often problems with the return of this document.
According to the current rules, in order for the driver to regain the appropriate certificate, he needs to present a certificate of his knowledge of traffic rules. This requires, as you might guess, to pass exams.
It follows that a retake after deprivation of rights is the norm. Moreover, without this feature, the certificate will not be returned. This is only possible if the document was seized illegally, by mistake.
Reasons for withdrawal
A few words about what you can say goodbye to a driver's license for a given period. The current legislation of the Russian Federation provides for a similar punishment for certain acts.
For example, they include:
- the presence of debts of more than 10 000 rubles;
- repeated violation of the rules of driving;
- control cars with fake numbers;
- passage of intersections in the red light;
- departure on the "oncoming" or on the railway;
- speeding over the established norm by 60 km / h and more;
- control of the vehicle in a drunk.
As a rule, in order not to lose a precious document, you just need to follow traffic rules. But sometimes drivers still break the law. And in this case nothing else remains but to withdraw the mentioned document from them.
About the withdrawal process
It is also worth paying attention to the fact that recently the procedure for the confiscation of a driver's license in Russia has changed a little. Earlier, the inspector DPS could pick up the document itself. But now you can not do that.
What does the law say about this? On the retake on the right after the deprivation of the appropriate certificate will be discussed later. First you should familiarize yourself with the process of removing the document.
It looks like this:
- Committing a violation.
- Fixing the act in one way or another. Usually at this stage a citizen is stopped by a traffic police officer.
- Drawing up a protocol. It is associated with fixing everything that happens.
- Machine retention (optional).
- Sending a request for deprivation of rights to the court.
- Getting the ruling.
- The application of sanctions.
That's all. Accordingly, immediately after the violation of the driver can not take away the rights. We'll have to wait for the court decision.
What to do if the driver really committed a wrongful act on the road? Prepare for the fact that he threatens to retake traffic rules.
But the laws in force allow the offender to use a driver's license until a court decision enters into force. So, recognize the rights invalid will not work. This change made life easier.
The man did not break the law, but they still want to take his rights away from him? Have a court order? We'll have to pass the driver's license anyway. And only then appeal it.
Legislation of the Russian Federation
What kind of retake after the deprivation of rights threatens in one way or another? We will try to answer this question later. First, a few words about what the current legislation on this topic says.
So, all drivers who lost their documents after September 1, 2013 will have to pass exams. The punished motorist will have to hand over the certificate within three days after the court order. Otherwise, additional sanctions await him.
However, the driver has 10 days to appeal the decision. The corresponding request is submitted either to the traffic police, or to the district court. If a person was able to prove his innocence (which now rarely happens), the certificate will be given to him without a retake.
Type of knowledge test
Now let's deal with the upcoming test. What retake after deprivation of rights must be passed by the driver?
The law requires all violators who have been withdrawn the appropriate certificate, to surrender the theory. The practical exam is inappropriate in this case.
However, if a person wants to get a new category of driving, he will have to face training, “practice” and “theory”. As a rule, retraining takes place after the return of a valid certificate. Get it back after confiscation, and even with a new category of driving, it is impossible.
Legality of claims
As we have said, to date, retake after deprivation of rights is a mandatory process. And only in some cases such a requirement is considered illegal.
According to Article 1.7 of the Administrative Code, retake is only necessary for those who lost documents only after September 1, 2013. If this happened earlier, then the requirement of a traffic police officer is illegal. You must request a written request and go to court with it.
About features of the return of rights
However, this torture "penalty box" will not end. It is not enough just to re-take exams.
In accordance with the law (Art. 32.6 of the Administrative Code of the Russian Federation), the driver must pay all debts and fines. Only under such circumstances will he be returned rights. In some regions, traffic police officers do not allow for debtor exams. This is quite normal, although not entirely legal.
When to retake
Many are interested in when the retake. Every driver should be aware of this.
It is allowed to take the relevant certificate from the traffic police department the next day after the sentence expires. At the same time, the driver will have to somehow pass the exams.
In 2017, citizens can submit a relevant request already after half of the withdrawal period. So, exams are taken at any time convenient for the citizen. Return rights even in the presence of a document on the successful passing of the test ahead of time will not work.
More about exams
What does retake on rights after deprivation involve? For drinking or for any other violation is not so important. The main thing is that this operation includes many features.
As we have said, a citizen will have to face the theoretical part of the exam. It consists of 20 questions. To complete the task is given 20 minutes, allowed 2 errors. Now testing is conducted on a PC.
After successful completion of the test, the driver will be given a special examination card. With its help it will be possible to return the document withdrawn earlier.
Cost and Attempts
How many times can a retake take place after deprivation of rights? There are no restrictions on this account. Each driver has the right to surrender the theory as many times as necessary to obtain the appropriate card. The only thing that needs to be remembered is that after a failure, a second attempt is possible only in a week.
How much will retake after deprivation of rights? In 4 500 rubles.This is the cost of one attempt. So, after each failure the driver will have to pay again. And only then he will be allowed to re-take the test of the established form. This is the opinion of many people.
In fact, the retake is still free. But for the initial passage of the test for registration of a driver's license will have to pay the amount indicated earlier.
The nuances of the process
A distinctive feature of the retake exam after deprivation of rights is the content. As it was emphasized earlier, a citizen will have to face 20 questions. They are all written in 40 tickets. But that is not all!
Tickets vary in categories AB and CD. As a rule, a test is given for a higher value. If the driver had a BC document, he would have to face the CD exam tickets.
They will have no questions about first aid or fines. Only the rules of the road. To some extent, such a decision greatly facilitates the life of careless drivers. To pass the theory of traffic rules is easier than answering first aid questions.
Plan to retake after the deprivation of rights? What documents are needed to write for the appropriate test?
Usually their minimum. Namely:
- court statement;
You will also need to submit a health certificate of the established form. In fact, all this is required to return the driver's license in the future. Because of the duration of a medical report, many people sign up for the exam near the end of the sentence.
About documents to return
So, at the appointed time, the citizen came to retake after deprivation of rights. He successfully coped with the test and received the appropriate confirmation. What's next?
Now you can do the return of the driver's license. This will require to come to the traffic police with the following documents:
- examination card;
- court ruling on deprivation of rights;
- medical report on the state of health of the established form;
- request to return the document.
It is advisable to bring evidence of the absence of fines arrears, if they ever were. After processing the request, the withdrawn document will be returned to the citizen.
What if a driver's license was taken in another city? Allowed several scenarios.
- retake after the deprivation of rights personally (you must come to this or that city on your own);
- appeal to the local traffic police with a request.
In both cases, the exam procedures are no different. Now it is clear what documents to retake after the deprivation of rights will be useful to a person. And about all the features of this operation is also known.
What advice can I give to drivers? There are several:
- observe traffic rules;
- prepare in advance for the exams, if the rights were withdrawn;
- timely submit any documents to the traffic police.