Lifetime deprivation of rights (driving license)
Deprivation of rights is painful for any driver,However, this is in some cases the only method that can protect traffic from malicious traffic offenders. A horrific statistics of accidents and road deaths can objectively lead to the fact that the State Duma will soon issue a tough bill on the new terms of deprivation of a driving license. In this article, we'll figure out what is being denied driver's licenses in 2017, who makes a fateful decision, whether there is a lifetime deprivation of rights, what threatens to ride without this document.
Deprivation of driving permits in 2017
We will analyze for which violations motorists lose their rights more often:
- Driving in alcoholic intoxication, transferring your vehicle into operation by a drunk person, refusal to undergo medical examination for alcohol content in the blood.
- Excess of speed on a certain part of the road.
- Causing as a result of traffic accidents harms not only vehicles, but also people.
- The abandonment of the accident site without giving permission to the state traffic inspector or without drawing up a protocol.
- The fake state number of the machine.
- Use of prohibited lighting.
- Violation of traffic rules at the railway intersections.
- Infringements of rules of transportation of large cargoes.
- Departure to the "counter".
- Crossing double continuous markup.
- Completion of the overt maneuver through a continuous one.
- Overtaking of transport in areas with the sign "Overtaking prohibited."
- Operation of the vehicle without having a driving license.
- Directions "under the brick."
- Malicious failure to pay fines.
- Violation of the rules of vehicle operation.
Deprivation of the rights for life is a rather harsh punishment against the background of the current day. Let us turn to them.
Temporary deprivation of rights
Consider in the table the most common period of deprivation of driver identity.
|Driving behind the wheel in alcoholic, psychotropic and other intoxication||1,5-2|
|Abandonment of accident site||1-1,5|
|Waiver of medical examination||1,5-2|
|The culprit of the accident, the victims of which received moderate damage||1,5-2|
|The culprit of the accident, whose victims were slightly damaged||1-1,5|
|Violation of prescriptions for the carriage of minors at night||4-6 months.|
|Transportation of dangerous goods without proper authorization||4-6 months.|
|Violation of the requirements for the carriage of large loads||2-6 months.|
|The failure to provide the advantage in motion to a means that has a legal right to do so||1-3 months.|
|Departure to the "counter"||4-6 months.|
|Repeated trip to the "counter", tram tracks||1|
|Violation of railway crossing standards||3-6 months.|
|Repeated violation of traffic regulations at railway intersections||1|
|Re-start on the prohibitory traffic sign||4-6 months.|
|Exceeding the speed by 60-80 km / h||4-6 months.|
|Excess of speed more than 80 km / h|
|Relapse of speeding||1|
|Transfer of the right to operate the car to a drunk citizen||1,5-2|
|Control of the vehicle with symbols, which are authorized to use only for auto operational services||1-1,5|
|Driving with unauthorized devices transmitting color / light signals||1-2|
|Driving vehicle with light / retro-reflective elements on the front panel||6 months - 1 year|
|Management of an unregistered car||1-3 months.|
|Driving a car with fake numbers||6 months - 1 year|
|Machine control without license plates||1-3 months.|
The time interval of punishment increases,if the driver at the same time violated several prohibiting rules at once - the final period of deprivation will be the amount of terms that they imply. However, in this case, the punishment is far from life deprivation of the right to drive.
The project on the lifetime deprivation of driver's license
Now let's go directly to the essence of the question. The laws on lifelong deprivation of driver's licenses exist at the project level. Disputes and discussions on this topic were started back in 2009, but due to the fact that both the public and the authorities could not come to a common opinion, no decisive steps were taken. Opponents of the draft laws argued that such a severe punishment could lead to an imminent increase in corruption in state traffic inspections and convince many car owners to voluntarily refuse to use the vehicle.
Among the most actively supported reasons for so much severe punishment were:
- repeated violation of speed mode;
- deprivation of the rights for life after the third deprivation of the document for driving in intoxication.
Let us repeat that none of the proposed documents was adopted and there are no any acts allowing to deprive the driver of the certificate permanently. However, this practice does exist.
Is it possible to forfeit the rights for life in 2017?
With a full list of offenses leading todeprivation of a driver's license, you can see in Ch. 12 of the Administrative Code of the Russian Federation. Article 32.7 of this chapter indicates that it is possible to extend the punishment for the car owner for an indefinite period. It is now being used as an alternative to a lifelong disenfranchisement for driving, which carries an increased risk to other road users. According to Art. 32.7 Ch. 12 CAO drivers can deny certificates for both 50 and 100 years, which, in fact, and corresponds to life.
It is also necessary to remember that a number of medical contraindications, which can be detected by the car owner, will be the reason for his lifetime deprivation of a driving license.
A loud case of life deprivation
In March 2017, many news channelstalked about the incident - the deprivation of the rights for life, Mary Baghdasaryan, scandalous Moscow street racing. Against the lover of street racing, there were a number of factors: she was repeatedly detained by the State Traffic Police, she did not maliciously pay off the fines she wrote out, and ignored her compulsory work. To get rid of the latter, Baghdasaryan used a fake hospital sheet.
By the way, the basis for the deprivation of street advertising rightsas well as medical contraindications became - the girl has an inactive driver's license because she suffers from epilepsy. The prosecutor's office used the fact that Maru Baghdasaryan was hospitalized after a seizure.
Who makes the decisive decision
As in the case of M. Baghdasaryan, the verdict on the deprivation of rights for life (in the case of the introduction of such a bill) or for a certain time from 2014 can only be rendered by a court. The procedure follows the standard scheme:
- On the spot where the violation of traffic rules was recorded, the traffic inspector makes a detailed protocol, which prescribes all aspects of the atrocity. The employee is not authorized to take the certificate.
- At the next stage, the offense is considered by the local commission under the State Traffic Inspectorate.
- If the commission has not identified any softer alternatives to the deprivation of the driver of the document, a case is prepared, which is submitted to the magistrate for examination.
- After the act of transferring the case, the car owner has 10 days to appeal the decision.
- Within 3 days after the judge's decisionthe driver must pass the certificate for storage in the examination department of the State Automobile Inspection. It is from the moment of surrender and the countdown will be taken, during which the car owner is not entitled to manage his vehicle.
Where to find out about the deprivation of the identity card
New laws on lifelong deprivation of water. rights have not yet entered into force, and therefore, fixing the invalidity of this document is carried out according to the previous scheme:
- After the court issued a verdict on the deprivation of the driver's license, all necessary data are transferred to the traffic police.
- The traffic police officers make necessary notes about the owner of the document in the database, to which any inspector has access.
- In addition, information about the owner of these rights is updated and on the official website of the State Traffic Police, which is in the public domain - any interested citizen can get acquainted with it.
Vehicle management without rights
One of the reasons why they did not enter lifedeprivation of rights for driving in a state of intoxication and so forth is the risk that desperate drivers will start to operate their vehicle without this document. Today such a step is severely punished:
- CAO, art. 12.7, h. 2: driving a citizen deprived of a driving license is punishable by a fine of 30,000 rubles / arrest for 15 days / compulsory work of 100-200 hours. The car is placed in the parking lot.
- CAO, art. 27.12, part 1: if a driver deprived of an appropriate certificate, the owner of another vehicle has put his car into operation, then the latter faces a fine of 30 thousand rubles.
- FZ №210, Code of Administrative Violations, art. 3.8, part 2: the term of punishment for today can not be less than 1 month. and more than 3 years.
Is it possible to early get the rights back?
Drivers remember what is being discussed in 2015the bill, which was possible under certain conditions, to receive a coveted document previously determined by the court day. In the "flight" were only those who lost their rights because of driving in a drunken state or refused medical examination. Alas, the project so expected by the car owners was not accepted, and in 2017 all drivers will have to wait for the end of the entire award period.
Summarizing, we note that in Russia at presenttime there are no acts that would allow to deprive the car owner of a driver's license for life. The maximum period is three years. However, the court sometimes uses Art. 32.7 Ch. 12 of the Code of Administrative Offenses, by which it is possible to deprive a citizen of an identity card for an indefinite period, which in terms of duration will in fact be equivalent to life imprisonment. Practice of absolute deprivation of rights for medical indications is also applied.