Rada plans to decide on the withdrawal of licenses from drivers restricted in driving - in particular, based on lawsuits from the TCR
Kyiv • UNN
The Verkhovna Rada plans to consider draft law No. 8082, which provides for the withdrawal of driver's licenses from persons who are restricted in the right to drive, in particular, through lawsuits from the TCR. The license will need to be surrendered voluntarily or forcibly.
The Verkhovna Rada plans to consider draft law No. 8082, which provides for a new procedure for terminating the right to drive vehicles, as well as a mechanism for withdrawing driver's licenses from persons who are temporarily restricted in the right to drive, in particular through lawsuits filed by the TCR. This was reported by UNN with reference to the draft law card.
Details
In particular, we are talking about those liable for military service against whom the TCR has filed lawsuits in court.
Thus, according to the updated version of draft law No. 8082, recommended by the relevant committee for the first reading, in the event that a court decision is made on the temporary restriction or deprivation of the right to drive vehicles, the driver's license is subject to voluntary surrender or forced withdrawal.
"In case of deprivation of a person of the right to drive or temporary restriction of the right to drive vehicles, the driver's license of such person is withdrawn or surrendered by the person voluntarily to the unit of the National Police and transferred to the territorial body of the Ministry of Internal Affairs," the draft law says.
This means that at the legislative level, the consequences of the administrative court's decision to restrict the right to drive are expected to be regulated.
The Law of Ukraine "On Road Traffic" is proposed to be supplemented with new articles 15-1 - 15-6, and to regulate the issues of termination of the right to drive vehicles and invalidation of a driver's license.
Thus, it is proposed to establish that the right to drive vehicles is terminated in the event of:
- deprivation of a person who has a driver's license issued for the first time, in the manner prescribed by law, of the right to drive vehicles;
- establishing the fact of registration and issuance of a driver's license on the basis of fictitious or forged documents or violations during the theoretical, practical examinations;
- establishing the fact of violation of the requirements of the legislation during the confirmation of the absence of medical contraindications to driving vehicles, on the basis of which a driver's license was obtained.
"Information on the termination (suspension) of the right to drive vehicles and the need to surrender the driver's license within 15 working days is sent to the person by registered mail to the address indicated in the documents proving identity and confirming citizenship of Ukraine... If a driver's license is found that, according to the Unified State Register of the Ministry of Internal Affairs, is invalid, except for a driver's license that has expired, or if it is found that a person's right to drive vehicles has been terminated, the police officers withdraw the driver's license and send it to the territorial body of the Ministry of Internal Affairs of Ukraine," the draft law says.
Therefore, the right to drive vehicles is suspended in the event of:
- deprivation of the right to drive vehicles in the manner prescribed by law for the period of deprivation (except for cases where the person has a driver's license issued for the first time);
- temporary restriction of the right to drive vehicles in the manner prescribed by law;
- detection of medical contraindications to driving vehicles of the relevant categories.
A driver's license is considered invalid in the event of:
- expiration of the driver's license granting the right to drive vehicles of the relevant categories;
- loss, destruction or theft of a driver's license;
- issuance to a person of a driver's license of a foreign state;
- exchange of a driver's license;
- failure to withdraw from a person or failure to surrender by a person a driver's license within 15 working days from the date of entry into force of a court decision on depriving him/her of the right to drive vehicles;
- if a person does not appear to receive a driver's license issued for the first time, or does not exchange a driver's license within one year from the date of the grounds for its issuance or exchange.