With regard to foreign citizens, amendments regarding the need to replace their national driver's licenses with Russian-style documents have come into force. When driving with a foreign permit, a traffic police officer confiscates papers confirming the ability to drive a vehicle abroad. In some cases, if Russian traffic rules are violated, foreigners are deprived of their driver's license on the basis of administrative regulations. In what order the withdrawal of rights occurs, in what cases, what is needed for return, is detailed in this material.
When foreigners are deprived of their driver's license
Russian legislation establishes rules in which cases authorized services have the right to withdraw rights and on what grounds and for what time period. The most common cases are:
| Technical inspection | When a vehicle without state license plates is stopped again or in the absence of a technical inspection of the vehicle, if there is no diagnostic card with a valid date. Responsibility is provided for in clause 12.1 of the Code of Administrative Offenses. |
| Equipment | If the number on the vehicle is unreadable, numbers are deliberately hidden when installing special equipment, or they are changed on the license plate. The rules for seizure are established by Article 12.2 of the Administrative Code. |
| Devices | When using sound and light devices when driving a vehicle, which are not allowed when operating machinery in urban areas. When installing signs that are characteristic of specialized services, such as ambulance, police, etc., which makes it difficult and misleading for road users (Article 12.5 of the Administrative Code) |
| State | When a foreign citizen drives a vehicle under the influence of alcohol or drugs, when the condition is confirmed by a medical report (Article 12.8 of the Administrative Code). |
| Speed | If the speed limit is significantly exceeded - Article 12.9 of the Administrative Code. |
| Departure | When entering the oncoming lane of tram tracks, when driving on a one-way road in the opposite direction - Art. 12.15, 12.16 Code of Administrative Offences. |
| Violation | In case of harm to health due to violation of traffic rules - Article 12.24 of the Code of Administrative Offenses. |
For what violations in the Russian Federation will drivers be deprived of their license in 2021?
Sanctions for violating traffic rules on Russian roads are established by the Code of Administrative Offenses of the Russian Federation. It also determines situations in which drivers’ licenses are revoked for a specific period of time for violations. Let's look at some of the most common ones.
| Traffic violation | For how long will his license be taken away? | Legal basis (link to article of the Code of Administrative Offenses of the Russian Federation) |
| The absence of license plates on the car or their concealment, incorrect installation, which modified them (and therefore they cannot be identified) | From 1 to 3 months. | Clause 2 art. 12.2 Code of Administrative Offenses of the Russian Federation |
| Driving a car while drunk (in the absence of a criminal act) or transferring control to a drunk person | From 1.5 to 2 years | Clause 1 and clause 2 of Art. 12.8 Code of Administrative Offenses of the Russian Federation |
| Exceeding the speed limit by 60 km per hour or more, but not more than 80 km per hour | From 4 to 6 months. | Clause 4 art. 12.9 Code of Administrative Offenses of the Russian Federation |
| Violating the speed limit by more than 80 km per hour | Up to 6 months | Clause 5 Art. 12.9 Code of Administrative Offenses of the Russian Federation |
| Driving into oncoming traffic or on oncoming tram tracks in violation of traffic rules | From 4 to 6 months. | Clause 4 art. 12.15 Code of Administrative Offenses of the Russian Federation |
| Driving in the opposite direction on a one-way road | From 4 to 6 months. | Clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation |
| Failure to comply with the request of an authorized official to undergo a medical examination (refusal) | From 1.5 to 2 years | Clause 1 Art. 12.26 Code of Administrative Offenses of the Russian Federation |
| Lighting devices do not meet generally established requirements; devices and devices used on emergency service vehicles are illegally installed. | From 6 months up to a year | Clause 3 art. 12.5 Code of Administrative Offenses of the Russian Federation |
| Leaving the scene of an accident by the driver involved in the incident (in the absence of a criminal act) | From one year to 1.5 years | Clause 2 art. 12.27 Code of Administrative Offenses of the Russian Federation |
Thus, a foreigner can be deprived of his rights (national, international) on the grounds listed in the table and others provided for by the Code of Administrative Offenses of the Russian Federation. According to them, Russians are also deprived of their rights.
An authorized traffic police officer has the right, if there is appropriate reason, to draw up a protocol, confiscate a foreigner’s license, report the confiscation to the authority that issued it, and make the necessary note on his license that it is not valid on the territory of the Russian Federation.
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As judicial practice shows, traffic violations can be different, both for Russians and for foreigners. Therefore, the punishments for them provided for under the Code of Administrative Offenses of the Russian Federation differ significantly. Sometimes even seemingly minor violations of rights can be taken away. There is a known case when a driver, a Russian, drove a car that was not registered with the traffic police for a whole year. As a result, when he was caught red-handed, his license was taken away for 1 month. and were obliged to issue and receive state license plates in the established manner during this month. The offender tried to appeal this punishment and wrote a complaint, where he asked to soften the sanctions taken against him and replace the deprivation of rights with a fine. But his complaint was not satisfied and his request was denied.
Let's look at a couple more examples from judicial practice, which are often encountered in life and are typical for all drivers - Russians and foreigners.
How foreigners are deprived of their rights
Traffic police officers impose liability for violation of traffic rules on the basis of Article 2.6 of the Code of Administrative Offenses.
Important: when a vehicle is stopped by traffic police officers if a foreigner has only a national driver’s license, prosecution will be carried out as if the driving was carried out for Russians with a license issued in the Russian Federation.
Rights of international standard are also subject to withdrawal, but on the basis of the following reservations. Road safety standards are established by the Vienna Convention. According to Article 42, when a document is seized under the law of a state whose norms have been violated, foreign rights cease to apply only on the territory of that country. In all other countries, they remain in force and the vehicle can be driven using them.
Powers of traffic police officers
A road service employee has the right to perform the following functions:
- withdraw rights on the basis of current Russian law;
- draw up a protocol on the violation based on the provisions of the Code of Administrative Offenses in the prescribed manner;
- enter into the driver's license and the traffic police database information about the suspension or termination of the license, indicating the period in relation to foreign citizens;
- send to the authorized bodies of the state that issued the license a notification of violations in relation to traffic rules.
Expert opinion
If the deadline for the return of rights, if such a rule is established by law, has not yet come, but the foreigner intends to leave the territory of Russia, then, upon his application, the citizen must be issued an international license.
Solodovnikov R.N., traffic police officer
Deprivation of rights of foreign diplomats
Russian and international legislation does not contain exceptions for holding foreigners liable on the basis of the Code of Administrative Offenses of the Russian Federation when driving a vehicle in Russia. However, the rules provide for special procedures for diplomats. It provides the following conditions:
- The car of diplomats with immunity can be stopped by a traffic police officer when a traffic violation is recorded;
- a protocol is drawn up in the presence of a driver with foreign citizenship belonging to the diplomatic corps;
- if a citizen refuses to participate in the procedure, then a protocol on the administrative violation is drawn up in his absence with delivery against signature or postal notification;
- withdrawal of rights is not carried out on the spot, unless the citizen independently expresses a desire to give up rights in connection with the violation;
- in relation to a citizen of a foreign state with a special status, all the norms of the Code of Administrative Offenses on the grounds for deprivation of rights apply, including for driving under the influence of alcohol and drugs; in order to identify the condition, the traffic police officer has the right to offer the foreign diplomat to undergo a medical examination; if the procedure is refused, a protocol is drawn up this;
- When drawing up a protocol, a road service employee is obliged to explain to the driver what the violation is and the charges against him, and what traffic rules requirements have not been fulfilled.
Grounds for deprivation of parental rights of a foreign father
As for such an issue as the grounds for depriving a father of parental rights in the event that the specified person is a foreigner, there is nothing fundamentally new and different from the grounds for initiating a process in relation to a Russian father in the legislation.
Deprivation of a foreigner's parental rights occurs if there are grounds included in the list of Art. 69 of the RF IC, that is, a foreign citizen must violate the fulfillment of his obligations in relation to the child.
That is, the plaintiff will have evidence that the foreign father:
- Constantly evades fulfilling his duties as a parent, in particular, does not provide financial support for the child;
- Has been convicted of cruelty – physical or emotional – to a child;
- Abuses his rights as a father to the detriment of the child;
- Suffering from drug or alcohol addiction;
- Involves a child in committing illegal actions, for example, forcing a child to vagrancy, begging, exploitation;
- Refuses to take the child from the maternity hospital, other medical or simply childcare facility;
- Convicted of committing criminal acts against the said child, another spouse.
The judicial procedure for deprivation of rights itself is also no different; in addition, as arguments in court, one can use the lack of interest and care on the part of the father towards the child, participation in his emotional and physical development, and, in general, participation in the life of a minor child.
The only thing you should remember is that the procedure for depriving parental rights itself is complex and ambiguous, and is applied only in extreme, exceptional cases. Therefore, if you need a positive result, then the grounds must comply with legal requirements, and the evidence must be reinforced concrete and indisputable.
Time limit for consideration of a case of deprivation of rights
The legislation establishes the following deadlines:
| Normal order | 3 days are given to resolve the issue of confiscating a Russian or foreign driver’s license from a foreigner and depriving him of the right to drive a vehicle. In practice, the case is resolved on the same day when the violation was recorded. |
| International shipping | When carrying out international transportation or following a citizen as a motor tourist, inspectors are given only 1 day to warn about the fact of violation of the Ministry of Foreign Affairs of the Russian Federation. |
| Expiration | After the expiration of the driver’s license storage period, they are sent to the Russian Ministry of Foreign Affairs for forwarding to foreign citizens abroad. |
Expert opinion
When an administrative fine is imposed in connection with a traffic violation, a foreign citizen has the right to obtain a driver’s license after paying for it and providing supporting documentation of the payment to the state. They can do this at the departments of the state traffic inspectorate, which confiscated the license on the basis of a protocol on an administrative violation.
Ivanchenko R.N., traffic police officer
Common Mistakes
Error 1. If a citizen of another state drives in Russia with a foreign license, he may also be deprived of the right to drive. The fact that the vehicle’s license was issued by another country does not affect the possibility of applying Russian legislation regarding liability for non-compliance with traffic rules.
Error 2. A citizen of a foreign state who drives a vehicle in the Russian Federation on the basis of international rights believes that he cannot be held accountable for violating traffic rules, since he confirmed knowledge of the rules abroad, and not in Russia. This is incorrect, since his actions fall under the rules of the Vienna Convention, which provides for the possibility of depriving the rights of foreigners when driving a vehicle on the territory of a foreign state.
Case from practice
The man came from Armenia and violated clause 12.6 of the Russian Traffic Rules while driving a personal vehicle. The vehicle was controlled on the basis of international rights issued in the country of origin. The traffic police officers, who recorded the violation, wrote out a report and sent the case of the administrative violation to court. A decision was made to violate clause 12.6 of the traffic rules, which was proven in court. A citizen of a foreign country was forced to confiscate his driver's license. A note about the violation was added to the document, and the information was sent to the Armenian Road Service, which issued the license in the form of a notification.
Who can deprive the right to drive
A traffic police officer can decide whether to confiscate a driver’s license in 2021. His competence includes only the preparation of documents for transferring the case to court, but not the confiscation of the driver’s license.
For violations recorded by surveillance cameras, no punishment is applied at all. A decision on deprivation of the right to drive a car is made by the court as a primary or additional punishment.
Question answer
Question 1. Can I be deprived of my license in Russia if I drive my car with a driver’s license issued in Kyrgyzstan?
The application of the Road Traffic Regulations is not affected by the origin of the country where the license was issued. If you drive in the Russian Federation on an international license, then they may also be confiscated, and you may be brought to administrative liability in the form of deprivation of a Russian or foreign document.
Question 2. I didn't miss a car with a flashing light. I was deprived of the rights that were issued to me in Azerbaijan. Are the actions of traffic police officers legal in Russia?
The actions of representatives of the Russian road service are fully consistent with local legislation. In addition, when making a movement based on international law, your actions are subject to the provisions of the Vienna Convention. The regulatory act establishes requirements for compliance with the rules adopted in the country of residence.
Read in more detail: Deprivation of a foreign citizen’s driver’s license on the territory of the Russian Federation in 2021
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Why can foreigners' driving licenses be revoked?
It is possible to deprive a foreign citizen of a driver's license for the same offense as a citizen of the Russian Federation. There are no advantages or grounds for mitigating the liability of a foreign citizen for deprivation of the right to drive in Russian legislation.
Your driver's license will be revoked if you violate the following rules (this list is exhaustive):
- a foreign citizen was caught drunk driving. The inspector does not have the right to confiscate a 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 (valid for up to 60 days, as a rule). The temporary driver's license will need to be surrendered after the court decision comes into effect;
- crossing the markings and entering the oncoming lane. The driver may be limited to a large fine - the driver's license will be revoked if an emergency situation occurs on the road. This rule applies if a foreign citizen crossed a double line while overtaking. If, when overtaking is completed, a violation occurs through a solid line, the driver’s license will be revoked;
- the citizen committed an accident and fled the scene without good reason. The driver's license will be taken away if the victim needed medical assistance at the time of leaving the scene of the accident;
- the citizen drove into the opposite lane where a one-way traffic sign was installed;
- deprivation of a driver's license will be carried out through the court if the passage was made under a prohibitory sign - passage is prohibited;
- unlike Western countries, where driving without a license is punishable by a large fine, the current rules can deprive foreigners caught on the territory of the Russian Federation of a driver’s license;
- a driver who has violated the rules for operating a vehicle. Alteration of a vehicle in violation of the operation of the factory assembly of components and assemblies. Violation of the conditions for passing technical diagnostics - faulty brake system, changes have been made to the car body, etc. All changes that negatively affect the safety of transport management. Deprivation of the right to drive a car in this category is quite rare - with such breakdowns, a foreign citizen will not be able to obtain insurance when entering another state;
- in case a citizen violates driving rules for a long time and does not pay driving fines. The law does not provide for deprivation of the right to drive if there is only 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 whose driver’s license is in the territorial department of the state inspection.
