The content of the article
- Driving license in law
- Driver Responsibilities
- Driver rights
- Driver liability for lack of rights
- Forgot home rights
- Expired
- Documents Lost
- Suspended Rights
- Driving deprivation
- No rights at all
- Driving someone else’s car without a license
- Sanctions for repeated violation
- When driving without a license is permissible
- The procedure for paying fines
When a person on the road does not find a driver’s license, this can cause a panic, especially when searching for documents by the traffic police. Not every driver knows what awaits him if he has forgotten the rights, what punishment threatens him. Answers to these questions will help you not to get confused in a difficult situation..
Driving license in law
Driver’s license (VU) – a plastic card with a photo of the owner, personal data and other important information. According to Part 4 of Art. 25 of Federal Law No. 196-ФЗ dated 11.12.95 “On Road Traffic Safety”, this document gives the right to drive vehicles. Getting WU precedes buying a car.
According to Art. 26 of Law No. 196-ФЗ, ВУ shall be issued to persons who have reached the age of:
- 18 years – for categories: A, B, C, B1, C1 (cars, motorcycles);
- 21 years – for Tm, Tb (trams, trolleybuses);
- 16 years – for M and A1 (scooters, mopeds).
Citizens must get a medical certificate. They are required to successfully pass the tests specified in paragraph 9 of the Exam Rules of 10.24.2014.
Driver Responsibilities
Article 2.1.1 of the Rules of the Road (SDA) stipulates that the driver of the vehicle must have a VU with him and provide it for inspection to police officers. Documents are checked, according to paragraph 106 of the order of the Ministry of Internal Affairs No. 664 of 08/23/2017.
Basis for verification:
- facts of traffic violations;
- the availability of information about the participation of a car or driver in an accident;
- emergency response measures.
If vehicle control is detected without VU, one should not be nervous or rude, it is necessary:
- transfer to the traffic police officers for verification the remaining documents;
- comply with legal requirements without resistance;
- explain the situation;
- ask to wait until they bring VU;
- arrange this by phone with relatives, friends.
Perhaps the traffic police inspector will go to the meeting and allow him to go for the certificate on his own.
To do this, you need to use a taxi or public transport. In case of refusal, a fine will be issued..
Driver rights
Sometimes the actions of inspection staff can be challenged. The driver has the right to file a complaint with the court. It is permissible to challenge penalties within 10 days after the approval of the verdict..
It is not easy to achieve cancellation or reduction of recovery, but it is possible.
Situations in which it is allowed to change or cancel the punishment if you forget the certificate:
- The driver violated traffic rules, for example, delivering to a hospital a person who needed emergency medical care.
- Guilt not proven. The incident is not filmed, there are no witnesses.
- Expired. Consideration of a case longer than three months in court, two – in the traffic police, gives rise to appeal the penalty for violation of traffic rules.
Driver liability for lack of rights
A person may not have a VU for various reasons. Responsibility for driving without a license depends on the circumstances involved. Sometimes a person is warned orally. There are times when you can not do without a protocol.
Possible reasons for the lack of WU:
- the document has never been executed;
- transfer of vehicle control to a person without a driver’s license;
- the document is valid, but the person forgot it at home;
- deprivation of VU due to traffic violations;
- the document has expired.
Forgot home rights
If there is a driver’s license, everything is fine with them, but the document is at home, the Code of Administrative Violations (CAO) prescribes a recovery of 500 rubles. It is not forbidden to negotiate with the traffic police and quickly grant rights. This is possible when the car is not stolen, acquired legally. The driver must have an identity document, Title, insurance policy. DPS inspectors may issue a warning.
If a person left the rights at home, a tow truck will not be called for this violation, and the license plate will not be removed. If, together with VU, he forgot his passport, he faces a three-hour detention until his identity is ascertained. When a penalty for forgotten rights is issued, you can continue to move. There is a risk of being stopped again by traffic police.
To avoid a fine for an ID that you forgot at home, it is better to check the documents before traveling. This will save you from stress and waste..
Expired
Driving license valid for 10 years. After this period they need to be updated. Riding with an expired document is equated to management without a VU. She is punished by collecting up to 15 thousand rubles..
Documents Lost
When a person has sown a VU somewhere, a fine is not provided for this. It can be obtained if you drive a car without a license. Often a loss is discovered when the driver was stopped by traffic police. For the lack of a certificate, you can lose up to 15,000 rubles.
Suspended Rights
Cases when traffic police officers temporarily interrupt the validity of the certificate:
- severe visual impairment, injury, illness;
- unpaid fines that exceeded 10,000 rubles;
- non-payment of alimony, debts to housing and communal services and other debts to the state.
If the blocking of rights occurred for medical reasons, but the citizen did not stop driving, this is considered as a deliberate ride without a VU. The driver will be fined up to 15 thousand rubles.
If you have financial problems with the law, it is better to urgently pay off the debt and restore the certificate. This will not save a citizen from 50 hours of social work or depriving him of the opportunity to drive a vehicle for one year.
At the same time, forced labor is not applied to persons with disabilities..
Do not deprive the rights of citizens who receive income only from working as a driver. Preventive measure for driving with a suspended certificate is appointed by the court.
Driving deprivation
Sometimes a person who doesn’t just leave his rights at home, but has been deprived of a driver’s license, can drive. According to Part 2 of Art. 12.7 of the Code of Administrative Offenses such an offense is punished very seriously.
Sanctions for driving a vehicle by a citizen who has been deprived of their rights:
- collection of 30 thousand rubles;
- 15 days detention;
- up to 200 hours of social work.
No rights at all
With such an offense, a fine of 30,000 rubles is provided. An alternative could be arrest for 15 days or socially useful work for at least 200 hours.
Driving someone else’s car without a license
There are times when the vehicle is controlled without a driver’s license. This does not apply to driving instruction. For such a violation, a fine of 30 thousand rubles is imposed on the owner of the vehicle.
If the right of management is transferred to an adult after taking alcohol, this threatens to restrict freedom for up to 15 days.
Sanctions for repeated violation
When examining documents, it may turn out that the driver has not forgotten his license for the first time. Information on previous violations is checked on the basis of the traffic police. Repeated misconduct entails more severe punishment. It depends on the circumstances..
If the driver is sober, he may face:
- administrative fine of 30 thousand rubles;
- detention up to 15 days;
- 200 hours of social work.
The inspector chooses the punishment on the spot.
He removes the offender from driving the vehicle. The car is sent to the penalty parking. A violation in a state of intoxication, according to part 3 of clause 12.8 of the Code of Administrative Offenses, provides for detention for up to 15 days.
Such a sentence does not apply to pregnant women, minors, persons with disabilities and the military. For them, the punishment is limited to collecting 30 thousand rubles.
According to the law No. 528-ФЗ dated 12/31/14, the punishment for drunk drivers was tightened if the term of deprivation of rights for the same misconduct has not yet been completed. The offender’s car will be sent to a paid parking lot. The driver will receive a certificate after passing the exam in the traffic police.
Punishment in this situation:
- recovery of wages for 1–2 years or 200–300 thousand rubles;
- 480 hours of forced labor;
- restriction of freedom up to two years;
- three years suspension from certain activities.
When driving without a license is permissible
- Emergency situations. It is necessary to take the victims of road accidents to the hospital, save material assets from destruction, and prevent accidents and other emergency situations. At the earliest opportunity, a citizen is obliged to stop illegal actions. The danger to health, life, property must be undeniable, otherwise punishment will follow.
- Competition. It is permissible to ride without the right to motor vehicles to the participants of the competitions, but only on the special highway. A sports car license is required to participate in tournaments.
- Driving training. The student must be accompanied by a certified instructor. Training takes place on a specially equipped machine. For training do not use roads on which it is forbidden to drive a car with students.
The procedure for paying fines
The penalty must be paid in 60 days from the date of its appointment. If you ignore this period, they will start a new business. The penalty will be the unpaid amount in double amount (from 1000 rubles). A 15-day arrest or 50 hours of corrective labor is not excluded.
Since 2016, some types of fines of the traffic police, also for forgetting the right to a car, can be paid at a 50 percent rate.
To take advantage of the discount, you need to pay off the debt within 20 days from the date of approval of the decision.
Payment Methods:
- Bank electronic terminal. If it’s difficult to select the desired menu section, you should seek the help of a consultant or apply another payment method.
- Through a bank cash desk. The cashier will settle the receipt and issue a check. The only drawback is the queues.
- Internet banking. To make a payment, you need access to your personal account, there is no commission.
- Through the portal of public services. You need to register on the service. To pay off debt, select “traffic police fines” in the portal menu, enter the necessary information.
What would be the consequences if someone forgets their rights and a traffic police officer stops them?
What are the potential consequences if I happen to forget my rights when being pulled over by a traffic police officer?