Deprivation driving license foreign citizens

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Today we will touch upon a controversial topic, which causes doubts, discontent and misunderstanding among many foreign citizens. Let's clarify the situation regarding the deprivation of an international driver's license on the territory of Russia, and also talk about the legality of these actions.

According to the laws of Russia, in accordance with the rules of the road, there are offenses for which drivers are punished by deprivation of the right to drive a vehicle for a certain period. Let's consider what violations are punishable by deprivation of rights. This happens if:

• Recorded repeated control of a car that has not been registered with the traffic police and has not been inspected ();
• Driving a car without state signs, or installed with violations and with equipment that allows them to be hidden or altered (Article 12.2, Clause 2 of the Administrative Code of the Russian Federation), with deliberately forged state signs (Clause 4);
• The light and sound devices of the car do not meet the requirements for the vehicle to ensure road safety, the illegal application of special color-graphic schemes, as on the vehicle of the operational services ();
• Drunken traffic management (Article 12.8 of the Administrative Code);
• Exceeding the permitted speed limit ();
• Crossing the railway crossing in violation of the rules (Art. 12.10);
• Repeated passage on a red light or a traffic controller's gesture (Art. 12.12);
• Exit to the lane or tram tracks of oncoming traffic (Art. 12.15);
• Traffic “in the opposite direction” on a one-way road (Art. 12.16);
• Failure to provide advantages in traffic with special sound signals, flashing beacons and inscriptions ();
• Transportation of goods in violation of the rules and dimensions (Art. 12.21);
• Improper transportation of children ();
• Violation of the rules causing harm to health ();
• The driver's refusal to pass honey. examination for alcohol intoxication (12.26);
• Leaving the place of a traffic accident by the driver (Article 12.27, clause 2);
• The use of alcohol, narcotic or psychotropic substances by the driver after an accident (Article 12.27 paragraph 3).

Are punishments for foreigners different from punishments for Russian citizens?

You can learn from the Code of Administrative Offenses of the Russian Federation whether foreign citizens and Russian citizens are equally punished. According to article 2.6, paragraph 1, stateless persons, foreigners and citizens of the Russian Federation are equally subject to administrative responsibility if they have committed an offense on the territory of Russia.

Thus, for an offense that is intended to deprive a person of his rights in Russia, a foreigner will also be deprived of his rights. But which ones? This will be discussed below.

What do the laws say?

First of all, Russian traffic police officers are guided by the laws Russian Federation, and are perfectly familiar with Art. 2.6 of the Administrative Code of the Russian Federation. Therefore, if a person violated the traffic rules while traveling on a train under an international driver's license, which allows him to drive a car on Russian roads, he will be punished in accordance with the laws of the Russian Federation. If, according to Russian law, he is obliged to be punished by deprivation of the right to drive, then even international rights will be withdrawn from him, but with certain conditions.

The procedure for the deprivation of the rights of foreign citizens in other countries is enshrined in article 42 of the Vienna Convention on Road Traffic. According to her, the suspension of a driver's license applies only to the country where the offense was recorded.

Thus, Russian traffic police officers have the right to:

• Take away the rights for the period established by law or until the moment the citizen leaves the territory of Russia;
• Inform the foreign agency about the deprivation of a citizen's driver's license in the territory of the Russian Federation;
• If you have been deprived of your international driving license, you must add a note of invalidity in Russian territory for a certain period.

At the same time, when a person leaves the territory of the Russian Federation, he is obliged to issue his international rights. To do this, before leaving, he needs to be informed about the imminent crossing of the borders of Russia, then they will set the time and date, the address of the department where it will be possible to collect the rights.

How can I get my rights back?

There are several options, both legal and not very legal, while without starting the law, you can return the rights.

So, suppose you have been stripped of your international rights. You are going to leave Russia, then you need to notify the department to which the documents were taken about your imminent departure from the country. Upon notification, it is necessary to provide evidence of intentions to leave the territory of the state. For example, provide tickets. Find out when you can come for documents, cross the border.

In other countries, you can still ride with these rights. But if it is necessary to again be able to control the machine in Russia, then you need to take the steps described below.

In your country, you can declare the loss of your license, then you will be given a new international driver's license. After that, you can legally drive in the Russian Federation with new rights.

If you want more legal method return of rights and without crossing the border, then you will have to wait for the end of the period of deprivation of rights, and then retake the exam on knowledge of traffic rules in the traffic police. This procedure may take longer.

Today we will touch upon a controversial topic, which causes doubts, discontent and misunderstanding among many foreign citizens. Let's clarify the situation regarding the deprivation of an international driver's license on the territory of Russia, and also talk about the legality of these actions.

According to the laws of Russia, in accordance with the rules of the road, there are offenses for which drivers are punished by deprivation of the right to drive a vehicle for a certain period. Let's consider what violations are punishable by deprivation of rights. This happens if:

• Repeated control of the machine was recorded, and technical inspection was not carried out ();
• Driving a car without state signs, or installed with violations and with equipment that allows them to be hidden or altered (Article 12.2, Clause 2 of the Administrative Code of the Russian Federation), with deliberately forged state signs (Clause 4);
• The light and sound devices of the car do not meet the requirements for the vehicle to ensure road safety, the illegal application of special color-graphic schemes, as on the vehicle of the operational services ();
• Drunk driving ();
• mode ();
• Crossing the railway crossing in violation of the rules;
• Repeated passage on a red light or traffic signal gesture ();
• Exit to the lane or tram tracks of oncoming traffic ();
• Traffic "in the opposite lane" on a one-way road ();
• Failure to provide advantages in traffic with special sound signals, flashing beacons and inscriptions ();
• Transportation of goods in violation of the rules and dimensions ();
• Improper transportation of children ();
• Violation of the rules causing harm to health ();
• The driver's refusal to pass honey. examination for alcoholic intoxication ();
• Leaving the place of a traffic accident by the driver (Article 12.27, clause 2);
• The use of alcohol, narcotic or psychotropic substances by the driver after an accident ().

Are punishments for foreigners different from punishments for Russian citizens?

You can learn from the Code of Administrative Offenses of the Russian Federation whether foreign citizens and Russian citizens are equally punished. According to article 2.6, paragraph 1, stateless persons, foreigners and citizens of the Russian Federation are equally subject to administrative responsibility if they have committed an offense on the territory of Russia.

Thus, for an offense that is intended to deprive a person of his rights in Russia, a foreigner will also be deprived of his rights. But which ones? This will be discussed below.

What do the laws say?

First of all, Russian traffic police officers are guided by the laws of the Russian Federation, and are perfectly familiar with Art. 2.6 of the Administrative Code of the Russian Federation. Therefore, if a person violated the traffic rules while traveling on a train under an international driver's license, which allows him to drive a car on Russian roads, he will be punished in accordance with the laws of the Russian Federation. If, according to Russian law, he is obliged to be punished by deprivation of the right to drive, then even international rights will be withdrawn from him, but with certain conditions.

The procedure for the deprivation of the rights of foreign citizens in other countries is enshrined in article 42 of the Vienna Convention on Road Traffic. According to her, the suspension of a driver's license applies only to the country where the offense was recorded.

Thus, Russian traffic police officers have the right to:

• Take away the rights for the period established by law or until the moment the citizen leaves the territory of Russia;
• Inform the foreign agency about the deprivation of a citizen's driver's license in the territory of the Russian Federation;
• If you have been deprived of your international driving license, you must add a note of invalidity in Russian territory for a certain period.

At the same time, when a person leaves the territory of the Russian Federation, he is obliged to issue his international rights. To do this, before leaving, he needs to be informed about the imminent crossing of the borders of Russia, then they will set the time and date, the address of the department where it will be possible to collect the rights.

How can I get my rights back?

There are several options, both legal and not very legal, while without starting the law, you can return the rights.

So, suppose you have been stripped of your international rights. You are going to leave Russia, then you need to notify the department to which the documents were taken about your imminent departure from the country. Upon notification, it is necessary to provide evidence of intentions to leave the territory of the state. For example, provide tickets. Find out when you can come for documents, cross the border.

In other countries, you can still ride with these rights. But if it is necessary to again be able to control the machine in Russia, then you need to take the steps described below.

In your country, you can declare the loss of your license, then you will be given a new international driver's license. After that, you can legally drive in the Russian Federation with new rights.

If you want a more legal method of returning your rights without crossing the border, then you will have to wait for the expiration of the period of deprivation of rights, and then retake the exam on the knowledge of traffic rules at the traffic police. This procedure may take longer.

The current code provides for up to 20% punishment in the form of deprivation of the right to drive a car. Some articles are duplicated - deprivation of the right to drive or the payment of a fine. One of the most unpleasant moments for motorists is the fact that after the deprivation of the right to drive, the driver will be forced to take a second examination on knowledge of traffic rules. This category also includes a foreign citizen - without exceptions and additional privileges.

Why can foreigners be deprived of their driving license?

To deprive a foreign citizen of a driver's license is possible for the same offense as a citizen of the Russian Federation. There are no advantages, grounds for mitigating the liability of a foreign citizen for deprivation of the right to drive in Russian legislation.

They will be deprived of a driver's license if the following rules are violated (this list is exhaustive):

• a foreign citizen was caught driving drunk. The inspector is not entitled to pick up the driver's license on the spot. A foreigner can only lose control of a car by a court decision. In exchange for this, he will be issued a temporary driver's license (validity - usually up to 60 days). The temporary driver's license will need to be handed over after the entry into force of the court decision;
• crossing the markings and entering the oncoming lane. The driver may limit himself to a large fine - the driver's document will be revoked when an emergency situation occurs on the road. This rule applies if a foreign citizen crossed a double line when overtaking. If, at the end of overtaking, the violation occurs across a solid line, the driver's document will be revoked;
• the citizen made an accident and fled the scene without good reason... The driver's license will be taken away if at the moment of leaving the scene of the accident the victim needed medical assistance;
• the citizen drove into the opposite lane where the one-way traffic sign is installed;
• deprivation of a driver's license will be carried out through the court if travel is made under a prohibiting sign - travel is prohibited;
• unlike in Western countries, where driving without the right to drive a car is punishable by a large fine, current rules may deprive foreigners caught in the Russian Federation of a driver's license;
• the driver who violated the rules for operating the car. Alteration of a car in violation of the operation of the factory assembly of components and assemblies. Violation of the conditions for passing technical diagnostics - a faulty brake system, changes have been made to the car body, etc. All changes that negatively affect the safety of transport management. The deprivation of the right to drive a car in this category is quite a rarity - with such breakdowns, a foreign citizen will not be able to get insurance when entering another state;
• if a citizen violates driving rules for a long time and does not pay driver fines. The law does not provide for the deprivation of the right to drive only with one unpaid fine - there must be at least two ignored fines.

For the entire period of deprivation of the right, a foreign citizen is prohibited from driving a car, the driver's license of which is in the territorial department of the state inspection.

Punishment for foreign drivers in Russia

The Code does not have different interpretations regarding the recognition of the degree of guilt and punishment by a foreign citizen. The sanctions (fines) are the same for absolutely everyone equally: a foreign citizen, a local driver or a stateless offender. The punishment for foreign drivers can only be mitigated within the imposition of a minimum fine. In case of deprivation of the right to drive a car, it can be recognized as a justifying factor - the difference between local traffic rules from foreign ones, assistance to a traffic inspector in investigating a violation, etc.

There are some peculiarities when imposing a punishment in the form of deprivation of the right to drive a car. For example, if a foreign driver allowed passage on a prohibition sign and this was recorded by an automatic camera, only a fine is provided. If a violation is recorded by automatic cameras, a minimum penalty is provided. If a foreign citizen was stopped and a protocol was drawn up on the spot, challenging the decision on deprivation of the right can only be implemented in court. Only a court can make a decision on deprivation of the ability to drive a car. The maximum punishment - the driver's license will be taken away, the term - up to 5 years.

Can I return my driver's license?

If a foreign citizen is deprived of the opportunity to drive a car through a court decision, the restoration of a driver's license is almost impossible. You can challenge the decision of the court in a higher instance. The appeal period is within 10 days from the date of the official decision in the first instance. Success in returning the driver's document - only if new evidence is presented to the higher authority to justify the foreign citizen.

The return of a driver's license after deprivation is possible only on condition of re-passing the exam. Such cases are very rare - the certificate is restored at the place of residence only due to loss. The driver will not be able to make a trip to Russia again - in the database the driver is prohibited from driving for a certain period.

Recovering an identity card only on the basis of changing the first and last name is an impossible task. All driving documents have a single identification number. It is not the driver's numbers that are entered into the database, but the data of the uniform identification codes. The best way leave the driver's plastic with you - do not take risks and follow the rules of the road.