When purchasing a car, the buyer may not always know that the previous owner has removed the car from the register. The grounds for withdrawal are alienation, disposal and others. The new owner has the opportunity to restore the registration of the car at the traffic police department, for this you will need to submit certain documentation. According to the law, the purchase must be registered within 10 days after the conclusion of the relevant agreement. If the specified period is missed by the car owner, then sanctions are applied to it. Liability is provided for in the administrative legislation of Russia.
Why can a vehicle be deregistered?
In most cases, the reason for the removal of the car from the register is the fact that the new owner did not re-register the documentation in his name. According to the law, the buyer must re-register the car within ten days after purchasing the car. When no registration actions are taken within the specified period of time, the seller has the right to remove the car from the register. In this case, the actions of the former owner are completely legal. The seller removes the car from the register so that he does not receive taxes, fines and other payments related to the car and does not accrue interest on them.
Before buying, you can check whether the car is taken off the register or not at the traffic police department or on the official website of the department. When the appeal takes place in person, you need to go to the traffic police where the car was registered. If the car is taken off the register, the reason for this action (disposal, theft, export outside the country, etc.) will be immediately indicated. The person who bought a car that has been removed from the register can put it back on the register. This procedure is not complicated. You will need to take with you:
- Vehicle passport;
- A formalized auto insurance policy;
- Registration certificate;
- Purchase and sale agreement.
You need to contact the nearest department of the MREO traffic police. It is also possible to use the State Services service. In this case, the applicant does not need to wait in line, since the registration request is processed online. It will be necessary to appear at the selected time at the indicated department of the MREO and submit the originals of the documents. When the sales contract is lost, the buyer will need to find a seller and draw up a new one. Otherwise, it will not be possible to confirm the ownership of the car. Also, to re-register a car, you need to provide a car for inspection and verification of identification numbers.
Registration of a scrapped car
Until recently, it was almost impossible to restore the registration of a scrapped vehicle. The owner could defend his rights by going through several courts, including the Supreme Court. In the Order No. 1001 "On the procedure for registering vehicles", adopted by the Ministry of Internal Affairs, amendments were made, according to which the restoration of registration is allowed if the car was not actually handed over for scrap and was not destroyed.
You will need to visit the MREO in which the car was last registered. This is due to the fact that it is there that the data about him is stored. The person who took the car off the register should apply. It will not be possible to restore the documentation regarding the car that participated in the recycling program carried out by the state, since the owner was paid a remuneration. The applicant must have with him:
- A document by means of which his identity is verified;
- Vehicle passport;
- CTP policy;
- Documentation issued after disposal at the traffic police.
An employee of the MREO will have to inspect the car and make sure that it is on the move. In any case, the restoration of registration documents is required to pay a state fee. Its size is established by the Tax Code of the Russian Federation and depends on the number of services that are required to be obtained from the traffic police. So, for the issuance of a registration certificate, you will have to pay 500 rubles, for making changes to the TCP - 350 rubles (800 rubles when issuing a new document). If new registration marks are needed for the car, then another 2,000 rubles will have to be paid.
If the car for one reason or another was removed from the registration record at the traffic police, the following persons can re-register it:
- Customer- if the car was unregistered at the request of the seller.
- Owner- if the car was stolen or sent for recycling.
- The owner's representative acting on the basis of a power of attorney. This is practiced if the owner of the car himself cannot personally visit the MREO of the traffic police. In the same case, if the car was purchased by an organization, a dealership is generally the only option for registration actions. Read more about the nuances of registering a vehicle without the participation of the owner.
Important. If a citizen does not have an identity document in his hands, as well as a power of attorney confirming authority, no registration actions are possible. Even with the owner's passport in hand, but without a power of attorney - the MREO will not register the car and the application will not be accepted.
How to register a car if the previous owner took it out of control?
The procedure for registering cars, which has been in effect since 2013, no longer requires, as before, the preliminary removal of the vehicle from the register for resale. It is enough that the buyer, having in his hands the documents for the car, the sale and purchase agreement, as well as his passport, goes to the MREO of the State Traffic Safety Inspectorate and submits an application for registration there, having paid a fee. He is given 10 days for this.
However, if the buyer did not meet the deadline, the seller has the right to submit an application and remove the car from registration. This is done in order to interrupt the legal connection between themselves and the sold car. Without this, the fines imposed according to the automatic cameras will be paid to the seller, and the transport tax will continue to be charged. If the seller did this, what should the buyer do?
Where to contact?
To re-register the car after deregistration, the buyer just needs to contact the MREO of the nearest traffic police department. In this case, the legislation does not provide for any restrictions on the place of registration. More detailed information on where to go for registration actions can be found in.
Required Documentation
By itself, the procedure for re-registration is no different from that which is carried out in the general order. From the buyer, who finally got ready and decided to fulfill the obligation imposed on him by law, the purchased car, will need the next:
- Application of the established form. It can be obtained from the MREO of the State Traffic Safety Inspectorate (there are usually samples of filling out this document hanging on the stands).
- Receipt for registration actions.
- Your personal passport to confirm your identity.
- Passport for a car (according to the Order of the Ministry of Internal Affairs of Russia dated 06/26/2018 N 399, paper and electronic forms are allowed).
- STS machines (for replacement after registration).
- MTPL contract drawn up for the car.
- Purchase and sale agreement concluded earlier with the seller. It is highly desirable that the vehicle acceptance certificate, signed by both parties, is also attached to the contract.
Important. This last document is extremely important. Without it, it is extremely problematic to prove that the car was purchased. If the contract is lost, you will either have to find the seller and sign documents with him retroactively, or prove the ownership of the car through the court.
Inspection in the traffic police
- Assessment of the technical condition of the machine and its compliance with the established standards.
- Verification of VIN with the data specified in the documents. In addition, the numbers of other units can also be checked (for example, for those foreign cars whose manufacturer does not assign a VIN to them.
During the inspection, problems may arise in the following cases:
- if the numbers have traces of interruption;
- if the changes made during tuning the car do not meet the standards (for example, if the glass is too tinted);
- if the technical condition of the car is such that it is not allowed to operate (we talked about how to register a broken car).
In case of revealed violations, the owner of the machine must first eliminate them., and then re-pass the inspection. As for the numbers, if an alteration is identified, a forensic examination and investigation may be required.
Dates of staging
Here's how to proceed if the vehicle registration is terminated and it is deregistered.
Tips for those who have not bought such a vehicle yet
Is it possible to buy a car that is not registered? Yes, but if the purchase has not yet taken place, the buyer should:
- Check the status of the car. If the car registration was terminated due to theft, it is necessary to refrain from buying in any case.
- Request a discount from the seller. There is a possibility that the buyer will also need to pay tax at registration for the time while the car was not registered. Therefore, the price for such a car should be less than for a regular one.
- Consider who exactly sells the car. If the owner, for some reason, terminated the registration of the vehicle, such a transaction will be absolutely legal. If the seller is a reseller who has not registered the car for himself, such an agreement will be illegal and “problematic”.
Peculiarities
After being lost or stolen
In the event that the car was lost or was hijacked, the restoration of the vehicle registration after its termination must be carried out by the same person who was previously listed as the owner of the vehicle according to the documents. It is impossible to sell a stolen or lost car, therefore, the previous owner must act. The maximum that is allowed by law is representation by proxy.
How to restore vehicle registration after termination due to theft? The procedure will be standard:
The only but significant difference from the usual registration procedure is that You can only contact the MREO where the car was previously registered(clause 52 of the order of the Ministry of Internal Affairs of the Russian Federation No. 399 of 2018). In the event that the car was stolen and the abductors have already managed to dig into it (for example, by interrupting the numbers), an additional forensic examination and a resolution of the body of inquiry or investigation in this case will be required.
In addition, in especially difficult cases, a court decision may additionally be required, which will establish the identity of the stolen and found car. This procedure itself is very complicated, so many owners of stolen cars do not go to the police to initiate a criminal case, but put the car on the wanted list through the traffic police. In this case, the expert's conclusion on the identification of the vehicle will be sufficient to restore it to the register.
The judicial option of registration requires both more time (at least a month for the consideration of the case - depending on the workload of the court and the time it took to conduct judicial actions), and a firm justification from the point of view of the law why the car should be registered, and the actions traffic police officers are illegal. If there is no such justification, the case will be lost.
Recovery after disposal
Until 2014, the restoration of registered cars after removal for disposal was prohibited. It took, among other things, the decision of the Supreme Court of the Russian Federation to amend the regulations.
Now, although formally the ban on restoration has been preserved, it only concerns the actual utilization, when the machine has already been handed over to the procurement or utilization organization for remelting. Until that moment, while the car is still practically intact, it can be reused... To do this, the owner just needs to contact the MREO of the State Traffic Safety Inspectorate in the usual manner.
However, this does not apply to cases where the car is disposed of under a government program. In this case, the owner is paid a certain amount for disposal and the machine is considered already handed over for recycling. It is no longer possible to register it again. More information about the features of restoring the registration of scrapped vehicles can be found.
Recovery of a vehicle on the register is a rather complicated procedure, but it is quite real. Its exact features will depend on how and on what grounds the car was removed from the register. In most cases, only the person who removed it from the register can re-register the car. Now you know what to do if the owner (who is also the seller) deregistered the car that you bought, as well as how to restore the registration.
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Deregistering a car is an important process, but not as time-consuming as most other registration procedures. In the article, you will learn how to deregister a car, how to do it without a car, whether it is possible to deregister a car in another region, how to write an application, where to go and other nuances of this procedure.
Discontinuation of vehicle registration can be carried out for several reasons, although the most common of them is the sale of a car. Also, the car is removed from the register for disposal, in case of loss, theft, and also in those rare cases when it is required to take the car abroad. This is done in order to stop receiving fines on the old owner (the seller - in the case of the sale of the car), as well as to charge the transport tax.
Please note that it has become even easier to deregister a vehicle from the traffic police database in 2020 - the fact is that the legislation, and specifically, the Rules for the re-registration of vehicles, were updated in 2017, therefore, even if you previously had experience of deregistration in State traffic inspectorate, now for this, new - slightly modified rules have been introduced.
Where can a car be removed from registration
Any vehicle is removed from the register only in one state institution - the registration department of the traffic police. You can find a list of registration offices in your region or city on the official website of the traffic police in the contacts section. Here are the registration offices in Moscow, St. Petersburg and in all large and small cities, as well as regions of our country.
Removing a car from the register upon sale
Many drivers think that it is not necessary to deregister a car when selling a car. After all, the new owner puts it on record for himself, then the car is automatically deregistered from the traffic police and put on the new owner. But this is not the case. The main catch here is if the new owner does not register it. Then fines will come to you as a seller, and transport tax will also be charged. In addition, there is a risk of falling under the Code of Administrative Offenses for transferring control to a person in a state of intoxication if the buyer is caught in this state, although this is rare and, mainly, in cases where you lose the contract of sale and cannot confirm the fact of the transfer of ownership.
You can remove the car from the register in 2020 on the 11th day after the sale specified in the contract, because the seller has another 10 days according to the law to register the car.
To remove a car from the register, you will need to write a statement, pay a state fee and take two documents with you. Although, in the traffic police you will have to appear with 3 documents as a result:
- a completed application for deregistering a car,
- passport,
- sales contract.
If you decide to contact the State Traffic Inspectorate not through the State Services, but directly, then you can fill out the application directly at the traffic police department, there is also a sample to fill out. If you decide to fill it out right away at home, so as not to waste time in the traffic police, then do not worry, the application form is not of an established form and is filled in free form. It is only necessary to indicate all the necessary information about the car and yours. Such data can be viewed in a special form of the regulations of the Ministry of Internal Affairs on the provision of registration of the vehicle, in its Appendix No. 1.
How to remove a car from the register through State services
And here there are two ways to deregister a car: by contacting the registration department of the traffic police directly or through the website of the State Service. In the first case, the instructions are not required, in the second it is also simple:
- You go to the State Services website and log in,
- Fill out the application online by entering the details of your passport, vehicle passport, registration certificate, as well as the purchase and sale agreement, submit an application,
- Make an appointment with the traffic police at the selected time,
- At the chosen time, you arrive at the traffic police with the documents listed in the previous list.
How to remove a car from the register if you have lost the sales contract
If you have managed to lose the monetary policy, then you should not despair - you can still file a car deregistration at the traffic police, although this will have to be done on other grounds. Therefore, if you broke up with a new buyer on good terms, then the easiest way is to fill out a new copy of the sales contract with his signature (and, most importantly, the previous date of sale). And already with this agreement, apply to the traffic police department, having learned the lesson for yourself not to lose important documents.
If, for one reason or another, you cannot make a new copy of the lost DCT - for example, the new owner of the car does not get in touch, has claims against you regarding the purchased car and, thus, does not meet halfway in this matter, then you will have to rent the car on the basis of lose it. In this case, you will not need a sales contract. You just have to point out that the title deed, which will be required to terminate registration on this basis, has also been lost (for example, it was in the glove compartment of a car). But it is worth warning the new owner of the car that he may have problems, since at the same time a note is made in the vehicle database of the traffic police that the car is lost, and the new owner may face problems if he is stopped by traffic police on the road. So the registration by the new owner and / or facilitation of the deregistration by the seller in the interests of the new owner of the car.
What to do with fines that came before the car was deregistered
The fines that the new owner of the car caught before registering and removing the car from the register by you must be appealed. It is quite simple to do this: you need to send a complaint about fines, attaching a copy of the sales contract to the letter. Thus, the State Traffic Inspectorate will see confirmation that the car left your property on a certain date, and the fines were caught after that date. Thus, this is irrefutable proof that these fines are not yours, and they will be canceled and transferred to the new owner of the car.
How to deregister a car without a car
If you want to remove a car from registration without the vehicle itself for one reason or another - for example, if the car is not on the move, then this can be done for all reasons, except for one - the export of the car abroad (clause of the Administrative Regulations of the Ministry of Internal Affairs on the provision of registration vehicles).
In this only case, you will have to bring the car for a mandatory inspection at the traffic police site. Even if the car is not on the move, then in order to deregister it for subsequent sale abroad, you will need to pay for a tow truck in order to bring it for inspection.
Removing the vehicle from the register for disposal
The process of deregistering a vehicle for disposal is also simple. And this can also be done on the State Services website by selecting the appropriate service. Unlike a simple deregistration in connection with the disposal of a car, 3 additional documents will be required for disposal:
- registration certificate (registration certificate),
- recycling certificate (according to the changed rules for deregistration in 2020).
Separately, it is worth noting the document on recycling. Prior to the changed accounting rules in 2017, such was not required. Now it is necessary to officially confirm the very fact of disposal. The innovations were made due to attempts to deregister cars upon sale and loss of the sales contract.
That is, now, in order to deregister a car in connection with scraps, the very fact of scrapping will be required. You can purchase such a document at the place of disposal - in other words, in the iron reception department, which is licensed to issue certificates.
How much does it cost to deregister a car and is there a state duty for it
Removing a car from the register using one of the above grounds is not subject to state duty and is absolutely free. At the same time, all your expenses will be minimal: the cost of the Internet connection when submitting an application through the State Services, as well as transportation costs and payment for a tow truck, if you deregister the vehicle in connection with sending it abroad, and your car is not on the move, therefore as, as we mentioned above, for this you need to bring the car for inspection at the traffic police.
Is it possible to remove a car from the register in another region
The 2020 legislation does not provide for any restrictions on the suspension of the registration of the car at the place of registration of the owner (the former owner, when you sell the car). This means that you can stop registering a vehicle at any traffic police department throughout Russia.
If the inspector in the window of the registration department says otherwise, then he should remember that he is the executive part of the law, and demand to refer to the normative legal act prohibiting the deregistration of a car at the place of stay and obliging to do this at the place of registration (registration) of the applicant. The traffic police officer will not find such grounds, because they are not in any Russian law.
How to check if a car is removed from the register
Checking the registration history of a vehicle is also carried out on the official website of the traffic police by the VIN code of the car, its body or chassis number.
Go to the page for checking vehicles on the traffic police website and enter one of the listed numbers. Next, go through protection from robots and click "request verification". As a result, the site will show you the entire registration history of your car, including the current state of its registration.
Just remember that the traffic police database on the site is somewhat late with updates - in our experience, by a few days, so please be patient a little.
From a legal point of view, driving a vehicle must be confirmed by the relevant documents of title. But some drivers still have a question: is it possible to drive a car if it is removed from the register? We will understand this and related problems based on the relevant articles of the Code.
Within the framework of the current legislation, the registration of a vehicle with state authorities is a mandatory procedure. Only the registration of the car allows you to use it in full. In legal practice, you can find cases in which drivers do not take this circumstance into account and continue to drive an unregistered car. This situation is quite common in Russia, albeit fundamentally completely wrong.
For registration and deregistration, you should contact the traffic police
The procedure for registering a car is the registration of a vehicle with a specialized government body, that is, the traffic police. Remember that the constant use of such a car violates the rules of the road.
The legislation provides for the corresponding liability. So, in chapter 12 of the Code of Administrative Offenses of the Russian Federation, penalties are indicated for non-compliance with the current rules. In turn, the first and obligatory stage after the registration of the car sale and purchase agreement is its registration. The punishment extends to violators up to deprivation of rights and seizure of the car for a certain period.
Reasons why the previous owners remove the vehicle from the register
There are a number of reasons why the previous owners remove cars from the register, so we will focus on the TOP-4 of the most common:
- First of all, the procedure is resorted to when buying a car. In this case, the registration number also changes. They do everything right after the purchase and sale agreement is drawn up.
- The second common case in which you have to remove a car from state registration is the transfer of the car for recycling. The owner makes this decision independently.
- The third reason is car theft. If a car has been stolen, it is necessary to deregister it before it is found.
- The fourth scenario is that the new owner did not re-register the car after 10 days, and the seller receives fines for violating it. As a result, the latter decides to deregister it. The car automatically falls into the category of theft.
When removing a car from the register, a technical passport, passport and other documents will be required What tricks do drivers use to keep driving
In case of non-observance of the established rules, the drivers of vehicles who have not put the car on record, first of all, try to bypass the posts of the traffic police in order to avoid checking, as well as imposing a fine.
The second trick is a new signing of the purchase and sale agreement, or the absence of a date in the original document. So negligent motorists have the opportunity to indicate it exclusively at the right time.
It is believed that the second method is more effective, however, it requires special attention, time and later can be recognized as a fact of even more flagrant violation of the law.
What does it threaten
As noted earlier, the current legislation provides for a sanction for driving a so-called unregistered vehicle.
Article 19.22 of the Administrative Code of the Russian Federation provides for the composition of the offense.
RF Code of Administrative Offenses The first fine is imposed on the driver driving such a car in the amount of 500 to 800 Russian rubles. The second and subsequent stoppage involves the collection of ten times the original. In addition, the alternative measure provides for deprivation of rights for a period of one to three months.
Please note that the same fine is imposed automatically when you contact the traffic police after 10 days.
What to do if the previous owner unregistered the car
When buying a second-hand car, the buyer may not be aware that the previous owner has taken the car off the register. The question automatically arises - what to do in this situation?
The new owner must, without fail, contact the employees of the traffic police department in order to restore the legality of the operation of the vehicle. The registration procedure is quite simple. It does not require the expenditure of special efforts and time.
The first stop threatens with a small fine, the second - with deprivation of rights Unambiguously, the correct and correct decision in the event that the previous owner removed the car from registration, will be setting it to a new one. When you are thinking of selling a car, the procedure will be similar.
Registration procedure
For all citizens, without exception, there is a single procedure for registering a car established by law. You need to contact the nearest traffic police department and have a pre-prepared package of documents.
Vehicle registration can take a long time As for the terms, they are established by regulatory legal acts and are 10 working days after the conclusion of the transaction. It is during this period that the new owner of the car must register it. Otherwise, the question of imposing sanctions arises. At the same time, it will be necessary to pay a state fee in the amount of 2850 Russian rubles for the issuance of a new number.
Conclusion
To summarize: if the car is removed from the register, can it be driven? The options are:
- Yes. But legally, only 10 days are given for this. Later, the driver will be fined.
- Registration of a purchased car must be mandatory.
- If the law is violated, a negligent motorist will be punished. If recaptured, he is threatened with litigation and deprivation of rights.
If you think that before the sale you need to remove the car from the register and receive transit numbers, then the last time you bought or sold a car was 5 years ago, since then, as the saying goes, "a lot of water has flowed under the bridge." We have collected the most relevant information, enjoy your reading. The most popular in 2019 is the deregistration of a car in connection with the sale (trade-in) without a car, this is when the new owner (buyer) did not register the car. Let us consider in detail all cases of deregistration of cars.
Popular reasons for removing a car from the register
- Sale
- Recycling
- Loss or theft
- Export outside the Russian Federation
You can sign up for deregistration in two ways, take a coupon in the morning from the traffic police, or use the state services website. If these methods do not suit you, you can contact a commercial company and order assistance in removing the car from the register, in this case, you can remove the car from the register without leaving your home. If you are a foreign citizen and you remove the car from the register in connection with departure abroad, then it will be possible to do this only with a coupon + an inspection of the car is required if it is still in Russia.
How to deregister in connection with a sale or trade-in?
You can deregister a car after the sale on the basis of only 2 documents: a passport and a sales contract. They deregister a car on the basis of an application and presentation of documents for sale, trade-in, etc. As for the terms for deregistration, usually the traffic police interpret them as follows: you can apply for deregistration after 10 days from the date of sale (transfer) of the car.
Order of the Ministry of Internal Affairs of Russia dated 07.08.2013 N 605 (as amended on 26.06.2018)
Clause 60. Registration of a vehicle is terminated on the following grounds:
Subclause 60.4. Application of the previous owner of the vehicle and presentation by him of documents on the conclusion of transactions aimed at alienating the vehicle, after 10 days from the date of the conclusion of such a transaction, provided there is no confirmation of registration for the new owner.
When counting 10 days after which you can remove the car from the register, some traffic police count the day of sale, and then it will be removed from the register on day 11 (starting from the day of sale), other traffic police, referring to the civil code, consider the first day following the date sale day. (For example, if you sold your car on November 10, then you will be able to remove it starting from November 21). Therefore, it is more optimal, so as not to guess, to count 10 days, it is better from the day following the date of sale.
Civil Code of the Russian Federation Article 191. Commencement of a term determined by a period of time
The course of a period determined by a period of time begins on the next day after the calendar date or the occurrence of the event, which determined its beginning.
To deregister, sign up with the traffic police of any region, regardless of where the car was registered, take your passport and the original sales contract with you. A car sold by trade in is also rented on the basis of a sale and purchase agreement under which you sold the car to a car dealership. The inspector will check if the car is registered with you, prepare an application and cancel the registration. It is possible to remove a car from the traffic police register in 2019 without a car in any city of Russia, in connection with the sale, an inspection is not required, is not subject to duty, it is done free of charge.
Deregistration for disposal
Deregistration in the traffic police in connection with disposal is carried out only according to a document - a certificate of vehicle disposal. If such a document is not provided, it will not be possible to deregister the disposal. A couple of years ago, it was possible to deregister the disposal without any inquiries, which created a number of problems, people actually did not dispose of the cars, but sold them, received discounts at salons for the disposal of cars, then buyers came to register, there was confusion ... With such a deregistration, all documents are canceled: title, registration certificate, numbers. It will not be possible to restore accounting in the future. This public service is free.
Deregistration on loss
This option is suitable if you do not intend to dispose of the car, do not plan to drive on public roads, or you really lost it. In this case, the vehicle title, registration certificate, state signs will be disposed of. This public service is free. If you once sold this car, then the new owner will not be able to register it under the old sales and purchase agreement, since PTS and STS will be considered lost. We'll have to restore accounting and redo the sales contract.
Withdrawal in connection with export outside the Russian Federation
If you are a foreign citizen, then having bought a car in Russia for export to Belarus, Kazakhstan or any other country, to simplify further registration, you can remove the car from the register in Russia and get transit numbers. Also, if you are a citizen of Russia and take out the car for use in another country, the official residence in which you can confirm, you can also deregister. When this procedure is carried out, the TCP is canceled and transit signs are issued, valid for 21 calendar days, during which you must take the car out of the territory of Russia. This procedure is done with a car inspection. Deregistration with the receipt of transits will cost about 1,500-2,000 rubles. paid duty + transit OSAGO. You can also remove the car from the register in Russia without inspection, if you confirm with documents of a foreign state that it is registered in another country. But usually the traffic police officers, simplifying their life, rent the car in connection with the sale or lose it, if it is already in another country.
