Change of rights for foreign citizens. Exchange of rights for Russian citizens and foreigners who have a residence permit. When the exchange of rights is not possible

Required for foreign citizens, migrants working in Russia as drivers. Who do not just drive their cars, but earn their living by doing so. Today you will learn what citizens need to do to replace foreign driving licenses with Russian ones in connection with changes in the law Russian Federation.

Hello dear blog readers.

Let's start with the changes. In Russia, on November 5, Federal Law No. 92-FZ of May 7, 2013 “On Amendments to the Federal Law “On Security traffic"and the Code of the Russian Federation on Administrative Offenses", which entered into force on November 5, 2013 and began to operate in 2014.

Paragraph 7 of this law states that “Migrant drivers who wish to work in Russia are required to receive driver license Russian image ca. Replacement of foreign rights to a documentyou must pass the Russian sample within a year from the date of adoption of the amendments to N 92-FZ, that is, until 05/09/2014. Therefore, foreigners will have to undergo training and pass Russian law» .

From May 9, 2014, all foreign drivers engaged in professional activities in Russia must go to work with Russian rights. The ban applies to drivers, regardless of whether they perform work under an employment or civil law contract or as individual entrepreneurs. Control over the implementation of this prohibition under the threat of a fine under Art. 12.32.1 of the Code of Administrative Offenses of the Russian Federation, in the form of an administrative fine in the amount of 50,000 rubles, is imposed on employers.

small digression: April 26, 2014 it became known that The State Duma decided to postpone the ban on working in Russia as drivers for citizens who have only a foreign driver's license (recently it turned out that Russian officials simply did not have time to develop a mechanism for exchanging foreign rights for Russian ones). Foreign drivers will be able to work with old rights to June 2015.

Fine

So let's continue. If the inspector stops, for example, a route gazelle and sees that the driver does not have a Russian license and he is traveling not for personal purposes, but as part of his work or commercial activity, then this driver faces a fine in the amount of 5 to 15 thousand rubles for driving a vehicle without the right to drive in accordance with part 1 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation. In this case, the driver will be removed from driving in accordance with part 1 of Art. 27.12 Administrative Code of the Russian Federation. This ban will not apply to those drivers who drive vehicle participating in international traffic, and who have a special permit for this.

Therefore, if you are a foreigner and want to work in Russia as a driver, and not just drive, then you will have to study at a driving school and pass theoretical and practical exams in general order , which is set for citizens of the Russian Federation. You need to go to a driving school and study! It is prohibited to take exams externally in accordance with the Federal Law of 07.05.2013 N 92. After training and passing the exams, you will receive a Russian driver's license for the duration of your registration documents (then it can be renewed).

Now about the exchange of rights

It is easier to obtain a Russian driving license (by exchanging them) if you have obtained Russian citizenship or moved to Russia for permanent residence and you already have a foreign license. How to be in a situation where there is Russian passport and a person wants to change a foreign driver's license to a Russian one? All documents must be submitted pass the theory and pass another driving test(according to the Decree of the Government of the Russian Federation of October 24, 2014 N 1097 Moscow "On admission to driving vehicles").

Foreign rights also include rights issued in the republics former USSR. They can be exchanged by passing a theory exam. When foreign rights are replaced with Russian ones, foreign rights are not taken away from you. You give only a copy of a foreign driver's license, the rights remain with you.

There are also exceptions to the exchange of rights. Employees of diplomatic missions and consular offices of foreign states on the territory of the Russian Federation, as well as members of their families, if they have diplomatic, consular, service cards or certificates issued by the Ministry of Foreign Affairs of the Russian Federation, if they have national rights, Russian rights are issued at their request without taking exams.

It's good to be a diplomat and a member of their family. But according to the law, you can, within 60 days (2 months) from the moment you receive a residence permit, drive a vehicle on the basis of a foreign or international driver's license without any prohibitions and fines.

You can change your rights at the MREO STSI (Interdistrict Registration and Examination Department) or MOTOTRER (Interdistrict Department of Technical Inspection of Transport and Registration and Examination Work). It's the same thing, just the names are different.

To replace a national driver's license with a new one, a foreign citizen will need the following documents

1. application of the established form;

I also remind you that foreign citizens, in addition to providing documents to replace rights required to pass a theoretical exam on traffic rules.

Let the replacement of foreign driving licenses with Russian ones be easy!

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According to accepted standards, only those foreign domestic and that comply with the requirements of the Vienna Convention of 11/8/68 can be exchanged. It is signed by Russia and establishes uniform provisions for all countries on road traffic. Therefore, before applying for a replacement license, it is not superfluous to brush up on the contents of 6 and 7 of the Annex to the Vienna Convention.

Professional drivers must have a Russian license

If foreign rights have marks of admission to the management of several categories of vehicles (“pros”), then the test of knowledge and skills is carried out for the highest category of transport. In order of increasing complexity, the categories of transport are arranged as follows: M, A, B, C, D. The initial category is “M”, and the highest is category “D”.

What driving licenses are valid in the Russian Federation?

  1. The presence of a valid Russian certificate with a corresponding mark on admission to driving a certain category of transport gives an unconditional right to drive a car throughout the territory of the Russian Federation, regardless of the status of the driver. This may be a Russian citizen, a citizen of another state or a stateless person, a person temporarily staying or residing in Russia.
  2. In the absence of a Russian-style certificate, the driver has the right to drive a car if he has an international driving license or foreign state, provided that he does not use it for commercial purposes or to perform work duties. This provision comes into force on 06/15/15 on the basis of Article 25, paragraph 13 of the Law on Road Safety.

According to the new requirements of the law, only those whose professional skills are confirmed by the presence of Russian internal driving licenses will be allowed to engage in commercial activities in motor vehicles. The ban on driving on the basis of other types of driver's licenses in the performance of work duties applies to all persons without exception, regardless of the form of conclusion of an employment contract, whether it be an individual entrepreneur or a hired driver.

Ensure control and execution this provision the employer is obliged. Failure to comply with the law provides for punishment in the form of penalties in the amount of 50 thousand rubles on the basis of Art. 12.32.1 of the Code of Administrative Offenses. A driver who is stopped by a traffic police officer and convicted of carrying out commercial transportation of a passenger or cargo without a Russian-style license may be fined on the basis of Art. 12.7 part 1 of the Code of Administrative Offenses in the amount of 5-15 thousand rubles. and in addition, he will be suspended from driving under Art. 27.12 part 1 of the same Code.

How will the traffic police inspector determine the commercial nature of the driver's flight?

According to paragraph 2.1.1 of the SDA, each driver stopped by the traffic police inspector is obliged, at his request, to present all documents relating to the driver, car and the flight being made. The company car must be provided with a waybill. If you are transporting a large consignment of goods in a private car, this will also raise questions from the policeman. The presence of taxi signs on the car or an electronic taximeter in the cabin is also evidence that betrays the commercial nature of the flight.

The absence of a waybill when transporting passengers or cargo may result in a fine of up to 500 rubles for the violator of the Rules. The law provides for only one case when you can earn money while driving a car without having a Russian certificate - if the motorist is a participant in some international action or movement. This fact must be confirmed by a special permit issued by the authorities in Russia in accordance with the established procedure.

According to the provisions of the Vienna Convention, a foreign citizen can drive a car on the territory of Russia if he has international certificate of the established form, which must be confirmed by the internal rights of its state party to the convention. If the country that issued the driving license is not one of the signatories of the Vienna Convention or other bilateral agreements with Russia on road traffic, then such a driver must have a copy of the certificate in Russian, the translation of which is notarized.

Video: The procedure for issuing driver's licenses to foreign citizens

Translation may not be required if national certificate driver all entries on mother tongue duplicated in Cyrillic or Latin, which is available in some countries of the former Soviet Union. In all cases, the age of the motorist must comply with the requirements established by Art. 25 of the Traffic Safety Law for each category of transport.

The procedure for replacing foreign driving licenses with Russian driving licenses

  • Citizens of Russia and persons with a residence permit in the Russian Federation can apply for a replacement certificate at any department of the traffic police. Foreigners residing or staying on the territory of Russia with the permission of the Migration Service of the Russian Federation can apply for a replacement certificate only to the traffic police department of the area where they live and are registered.
  • Foreigners and non-citizens of Russia can also become owners on a general basis by completing a course at a driving school and passing the required exams in the theory and practice of driving. In this case, the replacement of a certificate differs from obtaining it in that the replacement does not require a training course. It is also not necessary to submit a certificate of previous training in another country, but it is required to retake exams on knowledge of Russian traffic rules and practical driving skills on Russian city routes.
  • To apply for a replacement driver's license, you must submit to the traffic police a passport or other identity card, a national driver's license of a foreign state, a certificate of passing a medical examination for the right to drive a car. With the issuance of Russian rights, the foreign driver's license is also returned to the owner.

30.03.2017 10:53

From June 1, 2017, a ban on driving on the basis of foreign national driver's licenses when carrying out entrepreneurial and labor activities directly related to driving comes into force (paragraph 13 of Article 25 of the Federal Law No. 196 of December 10, 1995 "On Road Safety"). What does this mean?

This means that foreigners will be prohibited from working as drivers on the basis of foreign "licenses" (that is, you can not work in a taxi, transport goods and people for money). To avoid this, it is necessary to replace foreign "rights" with Russian ones. driving licenses.

However, this ban does not mean that it is completely impossible to drive a car on the basis of a driver's license issued in other countries. Driving on the basis of foreign "licenses" when traveling for personal purposes will still be allowed

Let's take an example: Nasrullo, a labor migrant from Tajikistan, works as a minibus driver in Lyubertsy near Moscow, and after work he earns extra money in a taxi in a private car. His brother Faizullo received a TRP by marriage, opened an individual entrepreneur, bought an old Gazelle and is engaged in cargo transportation. Both brothers drive cars on the basis of a driver's license issued in Tajikistan. If by July 1, 2017 they do not change their “rights” to Russian ones, then Nasrullo will lose his job as a minibus driver and will not be able to work in a taxi, and Faizullo will not be able to take money for transporting goods. However, Nasrullo can take his brother and his wife to the market for food, and Faizullo can help move his brother's things when he is about to move to another rented apartment. However, both brothers do not want to lose their earnings, and wondered:

What driver's license can be exchanged for a Russian one?

Any foreign national or international driving license issued in another country can be exchanged for a Russian driving license if it complies with the requirements of the Vienna Convention on Road Traffic.

Driving licenses issued in the countries of the former USSR, in most cases, comply with this convention, and can be replaced by Russian ones.

How to change foreign "rights" to Russian ones?

The procedure for the exchange of certificates was approved by Decree of the Government of Russia dated October 24, 2014 No. 1097. It should also be noted that the Ministry of Internal Affairs of Russia has developed and approved a special administrative regulations, on the basis of which Russian driver's licenses are issued and foreign rights are exchanged for Russian driver's licenses. This regulation was approved by order of the Ministry of Internal Affairs of Russia dated October 20, 2015 No. 995.

What documents will be needed to exchange a foreign driver's license for Russian "rights"? Here's a list:

  • statement;
  • passport or other identity document (see the list below);
  • medical report (certificate in the form 003-V / y, approved by order of the Ministry of Health of Russia dated June 15, 2015 N 344n);
  • foreign driver's license.

How documents must be submitted together with or instead of a passport:

  • Foreign citizens permanently residing in the Russian Federation (those who have a residence permit) must provide foreign passport and a residence permit with a registration mark.
  • Temporarily resident foreigners (having a TRP) must provide a passport with a TRP stamp and a temporary registration mark.
  • For stateless persons permanently residing in the Russian Federation (LBG residence permit) - a residence permit with a registration mark.
  • Temporarily resident stateless persons (TRP LBG) - a document of another state that certifies the identity (if any) and temporary residence permit of a stateless person with a TRP stamp and a registration mark (separate booklet).
  • For persons who have received temporary asylum, an appropriate document confirming this status.
  • Persons who arrived in the Russian Federation on a visa must present a passport with a visa.
  • Persons who arrived without a visa must submit a passport, migration card and migration registration card with all the necessary marks to the traffic police.

The exchange of a foreign driver's license for a Russian one is not carried out automatically. A foreign citizen will need to pass the same exam that is provided for obtaining a driver's license in a general manner: theory and practice.

If several categories are open in a foreign driver's license, then you will only take the exam for the highest category. A foreign driving license is returned to its owner simultaneously with the issuance of Russian rights.

How much does it cost to replace foreign "rights" with Russian ones? Where do you need to go?

To replace foreign driver's licenses, you need to pay a state duty - 2000 rubles, and also go through a paid medical commission. On the official website of the traffic police, you can generate a receipt for paying the fee, as well as find out the address of the nearest traffic police department.

Foreigners with a residence permit can apply for a replacement of "rights" to any division of the traffic police in Russia. Foreigners with a temporary residence permit, temporary asylum, with a patent, as well as those who are in the Russian Federation simply “on a migration card”, can apply for a replacement driver's license only in their region of residence.

Is it possible to exchange foreign driver's licenses for Russian ones at the MFC?

Theoretically, it is possible to apply for the replacement of foreign rights through the MFC. But there is not much point in this, since you still cannot do without going to the traffic police, because to replace the “rights” you will still need to pass exams (theory and driving). In addition, the certificates themselves are made in the traffic police departments, and then transferred to the MFC. So it's easier and faster to go directly to the traffic police for Russian "rights".

At present, foreign citizens Russian roads this is not uncommon. Many of the foreign drivers have received driver's licenses in their countries, however, this document may not be enough to drive vehicles in the Russian Federation.

This article is devoted to resolving questions about the situations in which it is required to replace a foreign document with a Russian counterpart, what difficulties may arise during the procedure and who can help in solving complex problems.

In what cases it is necessary to change the rights

Replacement of foreign rights is necessary if:

  • a person who is a citizen of another state intends to engage in entrepreneurial activities in the territory of Russia related to driving motor vehicles or simply intends to work as a driver for hire;
  • foreign citizen receives Russian citizenship;
  • a citizen of another state receives temporary registration on the territory of the Russian Federation and intends to stay within the country for more than 60 days.

In other cases, a citizen of another state can operate vehicles in Russia according to their rights, but only if they comply.

If the rights are issued in a different way, then a certified translation of the document into Russian is additionally required to drive cars.

What difficulties may arise

To replace a driver's license issued in another state with Russian document necessary:

  • pass theoretical and practical exams confirming knowledge of the rules and ability to drive a car;
  • collect a package of documents, which includes:
    • passport. For persons who have received Russian citizenship - a Russian passport. For persons temporarily staying in the territory of the state - a foreign passport;
    • a medical report confirming the suitability of a person to drive vehicles;
    • registration document for citizens temporarily registered in the Russian Federation;
    • a driver's license issued outside the country. If the document does not meet the requirements, then its translation, certified by a notary;
    • exam papers;
    • in the prescribed amount ( 2 000 rubles).
  • submit to the appropriate division of the State traffic inspectorate.

In connection with the replacement procedure, foreigners may experience the following problems:

Ignorance of traffic rules and loss of driving skills

You can solve the problem by passing training at a driving school or with the help of private lessons. Replacing a foreign driver's license does not imply compulsory training in a driving school.

A citizen of another state, if he feels prepared, can simply write an application for an exam and pass all the tests prescribed by law (currently it is required to pass the theory and practice of driving around the city).

If a foreign citizen has several categories open, then it is required to take the exam only for the highest of them.

Passage of the medical commission

To obtain a specialist opinion, an examination by a narcologist and a psychiatrist serving the address of the driver's residence is required.

To obtain the conclusion of these doctors, it is necessary to pass an analysis confirming the absence of drugs prohibited in the territory of the Russian Federation in the human body.

The greatest difficulty is the search for specialized specialists and the lack of information about a foreign citizen in the database.

The choice of the traffic police department

If the appeal is sent to the wrong department, then any foreign citizen may be refused.

When choosing the right unit, it must be taken into account that persons who are citizens of Russia (who have acquired citizenship) can apply to any unit of the traffic police.

And citizens of other states who have received a temporary residence permit, in order to change their driver's license, must apply only to the unit that provides services to drivers at the place of registration.

Who provides assistance to foreign citizens in replacing a driver's license

Assistance in replacing a driver's license for foreign citizens in 2017 may be provided by:

  • private persons;
  • intermediary companies.

Experts recommend in critical situations not to cooperate with private individuals, since the likelihood of fraud is quite high, but to resort exclusively to the services of intermediary organizations operating on the basis of a state license.

You can also get help from friends and acquaintances who know the requirements of Russian law and are familiar with the procedure for replacing rights.

You can get legal support for incomprehensible issues from any qualified specialist in the field of jurisprudence.

How to find an intermediary

The search for intermediaries can be carried out:

  • through private ads in a newspaper or a specialized Internet resource;
  • through common Internet search engines (Yandex, Google, and so on);
  • on the recommendations of friends who previously used the described services.

When choosing a mediator, you should pay attention to factors such as:

  • package of services provided and its cost. Some organizations may provide exclusively legal support in resolving emerging issues and receive a lot of money for such assistance. Other companies can help with training, collecting documents, making an appointment with the State Traffic Inspectorate, and so on;

The list of services provided for a fee is one of the main criteria for choosing an intermediary.

  • availability of a license for the implementation of intermediary services. Individuals do not have such a document, therefore, if any problems arise, they will be resolved on the basis of a concluded agreement;

Legal entities in most cases work on the basis of company rules and well-written documents.

  • concluded contract. The provision of any intermediary services must be carried out solely on the basis of a contract. The document must fully reflect information on the number of services and their cost, as well as contain specific deadlines;
  • the presence of positive (negative) feedback on the activities of the intermediary. As a rule, reviews are available on the company's website, but if you turn to third-party resources, you can get more complete information.

The combination of all factors should determine the choice of an intermediary in such a matter as replacing a driver's license.

Cost of services

Currently, you can find many companies that help foreign citizens in the procedure for replacing a driver's license with a national license.

The cost of the services provided depends on the list of actions of the company and the region of residence (temporary location) of the driver.

Most intermediary firms operate in major cities, but if you try hard, then similar organizations can be found in other settlements.

Here are some organizations you can contact:

In order to change foreign rights to a similar Russian document, it is necessary to undergo a medical examination and pass exams.

The passage of the commission takes no more than 1 day. Passing exams, if a citizen is familiar with the rules of the road and be able to drive a car, also takes 1 day. The process of replacing a document in the State traffic inspectorate takes no more than 1.5 hours.

All problems that may arise during the change of foreign rights can be solved independently.

Every foreign citizen, before receiving the help of intermediaries and paying a lot of money for it, must decide whether the intervention of outsiders is really necessary.

It should always be remembered that not a single intermediary will be able to obtain a driver's license for another person personally, since this document is issued against the signature of the owner.

Video: Federal Law, which will determine the procedure for issuing driver's licenses to foreign citizens

On May 7, 2013, the State Duma adopted a bill according to which a foreign driver who wants to earn money while driving in the Russian Federation must go through the procedure for obtaining a Russian-style driver's license.

WITH June 1, 2017 foreign drivers who carry out professional activities in the Russian Federation will be required to travel with a Russian-style driver's license. And it doesn't matter if they are individual entrepreneurs or their work is carried out in accordance with civil law or employment contract- the innovation concerns them all. For failure to comply with this law, employers will face a fine of 50 thousand rubles, which is prescribed in Art. 12.32.1 of the Code of Administrative Offenses of the Russian Federation.

The driver himself, a foreigner who does not have a Russian-style driver's license, will have to pay a fine of 5 to 15 thousand rubles if his trip is for commercial or labor purposes. The punishment is applied to him as to a person who does not have the right to drive a vehicle (1 article 12.7 of the Code of Administrative Offenses of the Russian Federation). Following the provisions of part 1 of Art. 27.12 of the Code of Administrative Offenses of the Russian Federation, such an offender will also be suspended from driving. If the drivers of the vehicle are participants in international traffic and have the appropriate permit, they will not be considered violators.

So, a foreigner who plans to work in the Russian Federation as a driver is obliged to replace a foreign driver's license with a Russian one. To do this, it is necessary to take a course in a driving school, and then pass an exam on the rules of the road in the general order, as well as driving, after which he will be issued a Russian license. There is no talk of taking the exam externally, since this is prohibited by the law of 05/07/2013 N 92.

Replacing a foreign driver's license with a Russian one is a simpler procedure. It is waiting for those persons who arrived in the Russian Federation for permanent residence or became citizens of Russia and at the same time have a national driver's license. In order to exchange foreign rights for a Russian-style certificate, drivers will need to pass a theoretical exam and pay a state duty. Since the beginning of 2015, its size has been 2000 rubles. In this situation, it is not required to take a course of study and pass the practical stage of the exam, i.e. driving. During the exchange process, a foreign driver's license is not withdrawn. For the procedure, you only need a photocopy of them.

Here, too, there are exceptions that apply to employees of diplomatic consulates and representative offices in the Russian Federation. They, as well as members of their families, at their request, can be issued (without an exam) the rights of the Russian sample if these persons have a national driver's license.

The replacement of rights for foreigners is carried out in the MREO STSI, or in MOTOTRER - the same departments, differing only in name.

List of documents for replacement of foreign driver's license:

Statement of the established form;

Residence permit or passport together with a photocopy of the page with a photo and registration;

Document on temporary registration, issued in the passport department of the FMS of the city;

Help from medical institution(form 083/U-89), as well as its photocopy;

Driving license, translation and photocopy;

A document confirming the payment of a state duty in the amount of 2000 rubles (in Sberbank).

Do not forget that the replacement of a driver's license also involves passing an exam on traffic rules.

If you need to exchange national rights for a Russian document, please contact us. We will take care of all the hassle and help you replace your driver's license without any problems and in the shortest possible time.