Fines for drivers deprived of their license

Home/Deprivation of a driver's license/Driving without a license after deprivation in 2021

The current administrative legislation establishes fairly strict penalties for those citizens who decide to get behind the wheel without having a driver's license at all. The amount of punishment in the presented case is from 5 thousand to 15 thousand Russian rubles (Part 1 of Article 12.7 of the Administrative Code, hereinafter referred to as the Code).

Attention

More significant sanctions are provided for those who decide to drive a car after having previously been deprived of their driver's license by decision of a judicial authority. In the presented case, in 2021 the driver may no longer get away with a simple fine, but may even be arrested or sent to perform compulsory work.

Punishment for driving without a license after deprivation in 2021

What happens if you hand the steering wheel to a person without a license or deprived of a license?

The penalty for transferring the right to drive a vehicle to a person without a license or to a citizen deprived of a driver’s license is severe - a fine of 30,000 rubles. True, there is a nuance. Article 12.7 of the Code of Administrative Offenses of the Russian Federation, Part 3 contains the word “knowingly”.

In other words, a fine of 30,000 rubles for handing over the steering wheel to a “bad guy” only applies when you are sure that the person does not have a license. In addition, the traffic police officer must somehow prove this confidence. In practice, this usually does not happen, and a fine for handing over the steering wheel to a person without a license is issued extremely rarely. Here we need to add that we are talking about the owner of the car who handed over the steering wheel to a person without a license. A person without a license who is driving a car will be separately responsible for violating the law under the article above.

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Let's add. In extreme cases, when it suddenly turns out that a friend does not have a driver’s license, the owner of the car writes a statement about the theft, thereby excluding himself from the attack of the article for voluntarily transferring the “right to drive” to a dubious person.

Normative base

Basically, the regulatory framework consists of certain articles of the Code, for example:

Link to the article (Chapter, paragraph, etc.) of the Code of Administrative Offenses	A comment
Stat. 4.1.	General rules for sentencing, taking into account mitigating and aggravating circumstances, the identity of the perpetrator, his financial situation, etc.
Stat. 27.12.	The procedure for removing a citizen from further driving a car.
Stat. 27.13.	Rules for the detention (evacuation) of a car and its placement in a special facility. parking lot
Chapter 28	The procedure for initiating a case of administrative violation.
Chapter 29	The procedure for considering a case in a judicial body.
Chapter 30	Rules for appealing a court verdict, deadlines.
Stat. 32.2.	Procedure for paying an administrative fine, deadlines.
Stat. 32.7.	Rules for calculating the terms of revocation of rights, interruption, beginning of calculation of the period of the next deprivation, if the previous one has not yet ended.

Communication with a traffic police officer in the event of a stop without a license in the presence of the fact of deprivation of a driver's license

Immediately after stopping the vehicle in 2021, the traffic police officer is obliged to:

introduce yourself, that is, give your full name, position and special title;
show your official ID in expanded form;
give a reason for stopping the car.

The driver, in turn, is obliged, at the first request of a police officer, to hand over for verification his driver’s license, STS, OSAGO policy and other documents provided for in clause 2.1.1. Traffic rules

Let us note that to avoid punishment under Part 2 of Art. 12.7. Code, if the elements of the offense are really present, it is almost impossible, because inspectors can simply check the driver’s license against the database of the Ministry of Internal Affairs for deprivation. Therefore, the basic principle of communication with inspectors is:

comply with their legal requirements;
if inspectors use physical force, this should be recorded on a photo or video camera;
if you disagree with the charges brought, you must make appropriate notes in the protocols;
remember that the person against whom the case has been initiated is granted certain rights that must be used - in particular, the driver can familiarize himself with all the available materials of the case, present evidence of his innocence, and also use the services of a personal defense lawyer (Part 1 of Article 25.1. Code).

Consequences of stopping a driver

After the inspector of the State Traffic Inspectorate stopped the car, checked the documents in the databases of the Ministry of Internal Affairs and came to the conclusion that there was a violation in the form of driving without a license after deprivation (Part 2 of Article 12.7.), the following consequences will occur for the driver:

first, by virtue of Part 1 of Art. 27.12. Code, a citizen is suspended from driving, about which a protocol is drawn up, a copy of which is given to the alleged violator;
further, according to Art. 27.13. Code, the car is detained, that is, it is evacuated to a impound lot (if the person deprived of his license calls a friend or relative who has a valid driver’s license and is included in the MTPL policy, and he comes to pick up the car, then it will not be evacuated);
then, in 2021, by virtue of Art. 28.1. Code, a case is initiated regarding driving without a license after deprivation - that is, a protocol is drawn up under Part 2 of Art. 12.7. of the Code, which is signed by the potential violator and the inspector (a copy of the protocol is issued immediately at the site of the violation against signature - part 6 of article 28.2 of the Code);
since in 2021 cases under Part 2 of Art. 12.7. Only judges are authorized to examine, then the inspector, in accordance with Part 1 of Art. 28.8., is obliged to transfer all materials of the case to the court within 3 days after drawing up the protocol;
within 2 months. the case will be considered (Part 1.1, Article 29.6 of the Code);
finally, the court will make a reasoned decision taking into account the requirements of reasonableness and fairness;
The violator will be able to obtain a copy of the court decision from the court office, or order deportation by mail (Part 2 of Article 29.11 of the Code).

Penalty for lost rights

If the document is lost or stolen, driving a car in 2020 is prohibited. This is equivalent to its absence and is subject to a fine. In this case, it is worth doing the restoration before you get behind the wheel. To do this, you need to submit an application to the traffic police to replace your driver's license. You will need to take your passport, a certificate from your last medical examination and a card from a driving school with you - it is needed so that you do not have to retake the traffic rules exams.

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In case of theft, traffic police officers may demand an explanation of all the circumstances of the incident and give a referral to the police.

After filing a statement of loss, the old certificate becomes invalid. If it is found, then it can no longer be used - for this, the driver will be issued a new document.

After contacting the traffic police, the car owner is given details for paying the state duty, it is 800 rubles. After depositing the required amount and providing a receipt, the driver will be issued a temporary license - they are valid for 2 months. This period is given for proceedings regarding theft or loss, sending a request to the address for issuing lost rights and other additional actions. After this period ends, the temporary certificate must be returned.

In most cases, no lengthy checks are required, and a new certificate is issued on the same day. The driver only needs to pay a state fee of 2,000 rubles for issuing a new license on a plastic basis; no other payments are required.

If a driver who has been deprived of his driver’s license is injured in an accident

If an individual was deprived of his license, got behind the wheel and, through his own fault, got into an emergency situation, then in 2021 the following consequences will occur for the culprit:

upon arrival of authorized police officers, several reports will be drawn up against the culprit (details below);
if there is a valid auto insurance policy, then the perpetrator’s insurer will compensate the victim for the damage, but then in court will recover the entire paid amount from the tortfeasor as a recourse claim (clause “c” of Part 1 of Article 14 of the Federal Law No. 40 of April 25, 2002 “On mandatory…”, hereinafter referred to as Federal Law No. 40);
if there is no MTPL policy, or it is expired (invalid), then the driver driving without a license after deprivation is obliged to compensate for the damage in accordance with civil law (Part 6, Article 4 of Federal Law No. 40).

Protocols that will be drawn up in case of driving without a license after deprivation in 2021:

according to part 2 stat. 12.7. Code;
about removal from control, about detention of a vehicle;
for the traffic violation that resulted in the accident;
in the absence of a compulsory motor liability insurance policy, a resolution is also drawn up (without drawing up a protocol) under Part 2 of Art. 12.37. Code for failure to fulfill the obligation to provide compulsory liability insurance (fine – 800 rubles);
and if the culprit has not yet fulfilled the requirements that need to be fulfilled in connection with the accident (for example, he did not display an emergency stop sign), then he will additionally be held accountable under Part 1 of Art. 12.27. with the imposition of an administrative fine of 1000 rubles.

Medical examination procedure

The key point of the circumstance under consideration is proof that the person is intoxicated by alcohol. Only a medical examination can confirm intoxication.

What situations may arise after a traffic police officer asks you to “blow into the phone”:

The offender resolutely refuses to undergo the mandatory examination procedure at the scene of the incident, and also does not want to be sent to a medical institution for this purpose. The driver is found completely guilty of driving while intoxicated.
The motorist does not agree with the test result. There are cases when the device shows an exceeded limit, but the driver has not consumed alcoholic beverages or psychotropic drugs. In this case, the accused must go to a medical facility to confirm his sobriety.

An intoxication test is not carried out whenever the owner of a vehicle is stopped by traffic police officers. Inspectors insist on conducting an examination only if there is a suspicion that the person is drunk.

If the test shows a false result and the driver is fully confident that he did not drink alcohol, a referral is made for an examination at a medical center. The motorist must express his disagreement in an adequate form and request the drawing up of an appropriate protocol.

During the preparation of the document, the officer is obliged to establish the identity of the motorist accused of drunk driving. If there are no suitable documents, a corresponding note is made in the protocol. Only after this, a copy of the document, drawn up in the presence of two witnesses, is given to the driver.

Who can conduct the inspection:

professional psychiatrists-narcologists;
specialists who have undergone special training in the relevant field;
paramedics (only in the absence of the necessary specialists, for example, in villages and villages).

The resulting document will be valid only if the temporary point complies with the standards of the Ministry of Health and Social Development. The certificate of provision of services must be drawn up in three copies, each of which must be signed and have an official seal. The documents are handed over to the alleged violator, the traffic police inspector and the doctor.

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It is important to know: the owner of the car is sent for a medical examination only after filling out a protocol on removal from driving. The road service employee is obliged to deliver the driver to a medical facility and wait for the results to be ready.

If the indicators are within the normal range, the inspector delivers the vehicle owner to the car.

Driving without a license after being disqualified while drunk

If a judicial authority’s decision to deprive a driver has already entered into legal force, and he decides to drive while drunk, then in 2021 the sanctions may be:

or administrative;
or criminal.

Administrative liability occurs if a citizen was deprived of his license not for drunkenness, but for some other violations (for example, overtaking across a continuous road or driving against the general flow of a one-way road). In this case, there will be only one sanction for most citizens - arrest from 10 to 15 days (Part 3 of Article 12.8 of the Code).

By virtue of Art. 3.9. Code, an arrest is ordered only by a judge, therefore it is during the court hearing that it will be decided whether to “imprison” a drunken motorist for 10, 11, 12 or all 15 days.

Attention

If the violator is a person to whom arrest cannot be applied (a pregnant woman, a woman with children under 14 years of age, a disabled person of the 1st or 2nd group, etc.), then a fine of 30,000 rubles will be imposed.

But if the deprivation was for drunk driving, then criminal punishment will occur under Art. 264.1. Criminal Code of the Russian Federation. The minimum sanction is a fine from 200 to 300 thousand rubles, the maximum is imprisonment for up to 24 months. As an additional punishment, deprivation of a driver's license for up to 3 years is applied (this period will begin to be calculated after the previous period of deprivation ends - Part 3 of Article 32.7 of the Code).

Additional Information

You can avoid criminal punishment only if you commit an offense under Part 3 of Art. 12.8. Code upon expiration of the period of “subjection” to administrative punishment (Article 4.6 of the Code). This period expires 1 year after the driver receives back his license, which was previously confiscated for drunkenness. In our case, the driver is still deprived of his driving license, that is, his license is in the traffic police department, which means he is considered subject to administrative liability.

Driving without a license while intoxicated after being imprisoned for intoxication

Above, you probably noticed in the quote from Article 12.8 the condition that the sanction is applied only if the actions of the violator do not contain elements of a criminal offense. We are talking about the recently introduced article 264.1 of the Criminal Code, which provides for liability for driving without a license after deprivation under conditions where the driver was for the first time deprived of a license for drunkenness or for refusing an examination, and, having already been deprived, was caught drunk.

In this case, he will face the most severe punishment: a fine of 200 to 300 thousand rubles, compulsory or forced labor, or imprisonment. Here is the full text of the article:

Article 264.1. Violation of traffic rules by a person subjected to administrative punishment Driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication or having a criminal record for committing a crime provided for in parts 2, 4 or 6 of Article 264 of this Code or this article, is punished:
a fine in the amount of two hundred thousand to three hundred thousand rubles;
or a fine in the amount of wages or other income of the convicted person for a period of one to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years;
or by compulsory work for a period of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years;
or forced labor for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years, or imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

Well, a criminal record is an additional “bonus” to this type of punishment.

Here the term “subject to administrative punishment” should be clearly noted. And this is not just the fact that a person is deprived of the right to control. In fact, this is the period from the moment the resolution comes into force until the expiration of one year after the execution of the punishment. And the date of execution of the punishment in the case of deprivation of rights is the date the deprivation ends. It turns out that if the same Ivanov was deprived of his license for drunkenness or refusal to undergo an examination, then he will face a criminal charge if he is caught drunk driving within the period from the beginning of the deprivation period and even roughly within a year after the return of his license.

What if you were caught drunk before you were sentenced to imprisonment?

According to the procedural procedure for depriving a driver of a license for intoxication, in 2021, a traffic police inspector on the road cannot deprive a driver of their license. First, the case materials are compiled, then the case is sent to the court for consideration (only courts, but not traffic police officers can deprive rights), a court date is set, and based on the results of the meeting, a decision on deprivation is made. Then there is a period of 10 days to appeal the decision. And all this time until the end of the appeal period, the potential deprived person can still legally drive a car.

But if during this period - before the deprivation order comes into force - he is caught drunk again, then he will also face sad consequences. Deprivation of rights will be imposed twice, and the terms of deprivation in this case do not overlap, but are summed up. Let's use an example again!

The driver Ivanov was caught while intoxicated on January 1, 2021. The deprivation trial took place on January 12 of the same year, where a decision was made to deprive the driver of the right to drive for a period of 1.5 years. However, Ivanov was again caught driving drunk on January 15, 2021, after which he was deprived of his license again for 2 years.

Thus, Ivanov faces a total of 3.5 years of imprisonment (the second term will begin immediately after the expiration of the first - Part 3 of Article 32.7 of the Administrative Code) and plus a 60 thousand ruble fine. At the same time, Ivanov does not face any criminal punishment, nor in general the fact of repetition and the fact of deprivation of rights at the time of the second punishment, because until the decision on the first deprivation has entered into legal force, Ivanov is not yet formally listed as deprived of his rights.

Driving without a license after being disqualified in someone else's car

If a driver in 2021 is not driving his own car and is deprived of a driver’s license, then the punishment will be exactly the same as if he was driving his own car - that is, under Part 2 of Art. 12.7. Code with a fine of 30 thousand, or arrest for up to 15 calendar days, or compulsory labor for up to 200 hours.

Driving without a license sober after deprivation

If a person without a license is caught while driving a car (or any other vehicle) in a sober state, then he will face the most relatively lenient of the punishments listed in this issue - a fine of 30 thousand rubles (most often) or administrative arrest or mandatory work. This punishment is prescribed by Article 12.7, Part 2 of the Code of Administrative Offenses of the Russian Federation:

2. Driving a vehicle by a driver deprived of the right to drive vehicles entails an administrative fine in the amount of thirty thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for a period of one hundred to two hundred hours.

In addition, if the transfer of control to such a person is proven, then the person who transferred control will face a fine in the same amount - 30 thousand rubles - under Part 3 of the same article.

Apart from a fine or administrative arrest or mandatory work, a sober driver does not face anything - deprivation of rights for driving without a license is not provided for in this case. But it should be borne in mind that in order to be charged under this article, the driver must already have been deprived of his license - that is, the decision to impose a penalty on deprivation of his license (for the first time) must be made by a judge. But more on that below.

Let's move on!

Driving a scooter without a driver's license after being deprived of it

A scooter is one of the types of mopeds. In accordance with clause 1.2. SDA, a moped is a 2- or 3-wheeled vehicle with an internal combustion engine of up to 50 cubic meters (or with an electric motor from 0.25 to 4 kW).

Based on Part 1 of Art. 25 Federal Law No. 196, to drive mopeds, as well as scooters that meet the above characteristics, you need a driver’s license of category M. You can also drive scooters that require an M license with any other open category (for example, B).

But if the scooter is more than 50 cubic meters or 4 kilowatts, then category A1 (or A) license will be required.

IMPORTANT

Regardless of all this, if the driver was previously deprived of his driving license, then he cannot drive any vehicles (including scooters), since the driving license is deprived of all categories (and not just a specific one).

Therefore, the responsibility will be exactly the same as when driving without a license after its deprivation on any other vehicle - that is, under Part 2 of Art. 12.7. Code. If the scooterist is drunk, they will be charged under Part 3 of Art. 12.8. Code or under Art. 264.1. Criminal Code of the Russian Federation.