«You need to drive as if your license is left on the bedside table» is a well-known joke, but it's only partly humorous. In reality, it's quite possible to leave your driver's license at home and remember it exactly at the moment you're asked to show it. Today, let's examine this exact situation.
Following the tradition of our «What if...» column, let's imagine the following scenario:
Early in the morning, you're heading out on business. Say, to work, and you're already late.
You're stopped for a sobriety check. Following standard procedure, the inspector asks for your documents. You open the glove compartment or take out your bag — and there's nothing there...
And here's where it gets interesting. This concerns Part 1 of Article 126 of the Code of Ukraine on Administrative Offenses:
«Driving a vehicle by a person who does not have with them or does not present for inspection a driver's license of the appropriate category, the vehicle registration document, and in cases established by law — a license card for the vehicle, as well as a policy (contract) of compulsory civil liability insurance of owners of land vehicles (a «Green Card» insurance certificate), entails a fine of twenty-five to fifty tax-free minimum incomes of citizens.
Driving a vehicle by a person who does not have the right to drive such a vehicle, or transferring control of a vehicle to a person who does not have the right to drive such a vehicle, entails a fine of thirty to thirty-five tax-free minimum incomes of citizens.
Driving a vehicle by a person deprived of the right to drive vehicles entails a fine of thirty to fifty tax-free minimum incomes of citizens.»
In other words, you'll have to pay a fine of from 425 to 850 hryvnias or more.
The amount is, of course, not the most pleasant (in practice, it's most often around 550–600 UAH).
So, there are no other violations, but you don't have documents with you. According to the law, this threatens detention until identity is established, a fine, and sending the car to an impound lot.
However, in practice, it rarely comes to that, and a lot depends on how reasonable the traffic police inspectors are. Most often, events develop according to one of the following scenarios.
We'll wait for your documents
If the incident happened near home, there's a good chance to negotiate with the inspectors to let you go get your license, leaving the car in place.
Before that, the traffic police officers will ask you to state the car's number from memory, contact the information center, and verify the owner's data (it wouldn't hurt to have your passport with you). After that, they may well allow you to bring the license. And such cases are not so rare.
When you return with the documents, they will, of course, carefully check every character in all the papers, but that's already details.
Writing a report
If the stop happened in another part of the city, it's unlikely you'll get off easily: hardly anyone will agree to let you go home alone for your license.
But if there's an opportunity and desire, inspectors may wait while someone close or friends bring the license (a passport would also be a plus here).
There was a case where a driver stalled for a long time, searching half the car for his license, while simultaneously calling his wife, and she brought the documents. If everything is done quickly and clearly, it may not come to the final drafting of the report. Such options also happen.
Going to the impound lot
One of the most difficult cases is a stop far from home for an obvious violation. For example, speeding on the highway: an inspector catches you «on the headlight», you stop.
The violation is obvious, there's video recording. And then it turns out you don't have your license with you. Well, you're caught — you'll have to file a report.
But that's not all. In such situations, inspectors most often act strictly by the letter of the law: «follow us to the impound lot». And they have every right to do so.
This scenario is described in Article 265-2 «On Temporary Detention of Vehicles» of the Code of Ukraine on Administrative Offenses:
«In case there are grounds to believe that the driver has committed a violation provided for in parts one, two, three, four, six, and seven of Article 121, Articles 121-1, 126, parts one, two, three, and four of Article 130, Articles 132-1, 206-1 of this Code, an employee of the State Automobile Inspection temporarily detains the vehicle by blocking it or delivers it for storage to a special lot or parking (if placement of the detained vehicle significantly impedes road traffic), including with the help of a special vehicle — a tow truck. A corresponding note is made about the temporary detention in the report on the administrative offense.
After the temporary detention of the vehicle, the employee of the State Automobile Inspection is obliged to provide the person with the opportunity to inform another person of their choice about the temporary detention of the vehicle and their whereabouts, and take measures to return the car to its place of permanent deployment, and also prohibits the operation of the vehicle until the malfunctions identified during its inspection are eliminated.
The vehicle may be temporarily detained until the case of the administrative offense is decided, but for no more than three days from the moment of such detention.
Upon the expiration of the three-day period of temporary detention of the vehicle, the person has the right to apply to receive the temporarily detained vehicle. Such an application by the person is mandatory for execution regardless of the stage of the administrative offense case.
No fee may be charged for submitting such an application and returning the temporarily detained vehicle to the person.
The procedure for temporary detention and storage of vehicles at special lots and parking is determined by the Cabinet of Ministers of Ukraine.»
And if you don't have your passport either, resolving the issue will be even more difficult. In such cases, it's sometimes advised to keep a notarized copy of your passport and license in the car and always carry it with you, but that's at your own risk — there's a chance the documents could fall into the hands of criminals.
As usual, there are several ways out. First — settle the matter on the spot for money. Here, it's a matter of luck, but you should understand that we're not talking about 100 or 200 hryvnias.
And if you still have to drive several hundred kilometers? At the next posts, they'll be waiting for you with «impatience».
But, as I mentioned, this will be quite difficult, because we're far from home. Only connections and acquaintances will help here — that's the second option for solving it.
And the third path is to agree to everything (naturally, within the framework of the violation) and lose time and nerves, but act according to the law.
And to the district department?
Stranger situations have also occurred. For example, for lack of a passport, you might be taken to the district department to establish identity, and sometimes even held for 5 days. Especially if it happened in another region — not much fun...
It's worth adding that if you're stopped during a special operation, a search for a similar car, or under the «interception» plan (regardless of whether it's close to home) — the lack of documents will become a serious aggravating factor and trigger a whole chain of «proceedings»: establishing identity (possibly even with the use of force if suspected of a crime), impound lot, fine.
By the way, we can also recall the proposal of the already former head of the Ministry of Internal Affairs, Anatoliy Mohyliov, that «for driving without a driver's license, we will put the car up for auction, and in case of the car's owner buying it back, 20% of the car's value will be directed to the budget».
Fortunately, this idea was never implemented.
Summary
Overall, each such situation is unique, with its own twists and outcomes. A lot depends on the inspectors who stopped you, your quick thinking, resourcefulness, connections, after all.
Therefore, it's better to double-check before leaving home that you have your documents with you, and that they are indeed your documents (anything can happen).
And we, as always, wish you to be attentive and not violate traffic rules.
