In 2019, an unpleasant situation happened. They wanted to revoke my license while driving a car sharing car.
Six months later, this moment has finally come. I was left without a license.
How it happened, what happened next and what to do now – I tell you.
Briefly. What came first
On June 29, 2019, I already talked about the fact that they want to revoke my driver’s license.
This happened due to the fact that I rented a Delimobil car and did not bother to look normally at the car numbers. They ended up with a catch.
As usual, I examined the general condition of the body for possible damage. Before renting a car, it is better check and fix on the photo all defects, including minor scratches… This is necessary in case the service suddenly has questions for you.
For example, before renting, someone scratched or crumpled, say, a wing or a door. So that the car sharing does not have any questions for you, it is best to take photos from all sides before the start of the rental, while the reservation is valid. Then the service will know that it is not you who are to blame, but someone else. The same applies to the completion of the lease. Photo and video – protection against unwanted actions by car sharing.
So, to determine the car itself, I looked at the numbers, but did not bother to look at them entirely. I usually just have to look at the numbers in the number to understand that this car is booked for me.
That’s why they wanted to deprive me of my rights
The problem turned out to be that the numbers were spoiled someone before me. The paint was partially erased from the letter “O” in the plates at the front and rear so that traffic cameras would record it as “C”. Accordingly, the fine would come to another person, and the fraudster would be able to drive without penalties.
At this point, I did not pay attention, and on the way, a traffic police car drove up to me, the officer stopped and presented that I was driving a vehicle with fake numbers. This is based on part 4 of article 12.2 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle with knowingly forged state registration plates».
This is due from 6 to 12 months of deprivation of the right to drive a vehicle… I passed on the minimum term, because I never officially violated traffic rules.
By the way, after me and my complaint, one more person managed to use the car. Moreover, when drawing up the protocol, I forgot to return the documents for the car back to the car, so that driver drove without any documents at all.
How was the trial
After 2 or 3 weeks, I received a subpoena. I had to appear to testify and deliver a verdict.
Delimobil employees took part in the case, I talked in advance with their representatives at the central office in Moscow. They offered their lawyer (not a lawyer) for assistance in court.
This was not achieved immediately, at first no one wanted to bother too much with my case. After several meetings and official requests, I was provided with documents and extracts on my trips that day, and also issued a description as a driver.
What they gave: the characteristic was positive, along with it they passed tracking on this car to mine and during my trip. It was possible to determine from the cameras that another person was using my Volkswagen Polo with spoiled numbers, this was also attached to the case.
This only confirmed the fact that it was not me who made changes to them… Minus part 1 of the same article, but they could have added a fine of 5 thousand rubles for it.
During the proceedings, Delimobil’s lawyer tried to reclassify my violation into clause 2, so that I would simply be left with a fine, since the fact of having such numbers exists, and it is difficult to prove intent in driving a vehicle with such plates.
Content of paragraph 2 of Article 12.2:
2… Driving a vehicle without state registration plates, as well as driving a vehicle without state registration plates installed in the places provided for this, or driving a vehicle with state registration plates, modified or equipped with the use of devices or materials that prevent the identification of state registration plates or allow them to be modified or hide, –
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of one to three months.
Alas, but the judge was not satisfied with the arguments of the defense, so the consideration of the moment with the management with fake numbers was continued, for which the traffic police officer himself “drowned”.
As a result, deprivation
The first case was unsuccessful, the judge ruled that I was guilty of knowingly (it was this fact that could not be refuted) control of vehicles with forged numbers. As a result, deprivation of rights for a period of 6 months.
I filed an appeal, a second court was appointed. At this time, the rights still continued to remain with me, until the final decision on the case was made, I had every right to use them further.
But the second trial was not so successful either. It was assigned for the time when I was on vacation, and it could not be rescheduled. My representative appeared in court and tried to defend, but in vain. The judge considered that I simply did not need the rights, so there is no point in canceling the decision of the previous instance.
Returning from vacation, I handed over my driving license to the traffic police department that was in charge of my case.
Six months of deprivation were successful. Moreover, a year and a half has passed. And during this time I have not yet seen a situation when I needed a car, so I was in no hurry to return the license.
To return your driver’s license you only need re-pass the theoretical exam, and then, as I was told in the traffic police, he will stripped down compared to normal (no technical or medical issues).
However, there is important point: there are 3 years for the restoration of rights under the simplified scheme. Then I will have to completely pass all the examination parts (theory and practice) anew, and my license will be utilized.
As a result, now I am actively repeating traffic rules in order to get my rights back.
P.S. Always check the numbers and the external condition of the car before renting, otherwise you can repeat my situation. Only you are responsible before the law for its condition, car sharing has nothing to do with this.
Source: iPhones.ru — Новости высоких технологий, обзоры смартфонов, презентации Apple by www.iphones.ru.
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