The procedure for registering a vehicle with the traffic police is of an accounting and technical nature. It is necessary to grant a vehicle permission to participate in road traffic. The fact of non-registration does not affect the buyer's ownership right as it arises on the basis of the sales contract. Even if the registration was not carried out in a timely manner, the buyer does not lose the status of a car owner, however, driving such a car on Russian roads is problematic. Why don't they register a car? Is such a decision legal, and what consequences can it have?
Do I need to register a TS?
The vehicle must be registered within 10 days from the date of purchase. If the documents are not submitted at the traffic police department, the car owner will be charged with penalties in the range of 2,000 rubles. Irresponsible behavior of the buyer can cause trouble for the seller, because when he uses a car and violates traffic rules, all fines will be charged to the previous owner.
He has the right to apply to the traffic police with a claim about the wrongful accrual of sanctions, since the car was sold. After his demand to cancel the registration, the new owner will be forced to register the car and pay all fines. In the absence of registration during the period specified by law, it is in the seller's competence to file a statement with the police about the theft of a car, or to demand the cancellation of the sales contract.
Actual schemes for avoiding registration
Car owners use a variety of registration evasion schemes. All of them are legal, but their application requires time and fuss, due to the need to perform specific actions within the time strictly regulated by law. Methods for the quick resale of vehicles, for the constant re-registration of transit numbers and for rewriting the timing of the completed purchase and sale transaction are popular. Before applying any method, it is worth considering whether it is easier to register a car?
Fast sales without registration
The car owner is given 10 days to register the vehicle after receiving the property. If during this time he manages to sell the car, then on legal grounds it is possible not to register it before the sale. The procedure is automatically entrusted to the new owner, who is the buyer of the vehicle. This scheme is also applied in a different perspective, when the sales contract is rewritten every 10 days with friends who have agreed to participate in the event.
Obtaining transit numbers
In the Order of the Ministry of Internal Affairs of Russia No. 1001 dated November 24, 2008 (as amended on March 20, 2017) "On the procedure for registration Vehicle»There is a clause about the timing of registration of a car, determined by the period of validity of the transit registration plate. The attribute is issued for a car if the seller wished to keep the license plates of the object of sale for himself, and transit numbers are issued to the buyer for its delivery to the storage place. Their use is possible for 20 days, after which it is allowed to repeat the procedure for their receipt and extend their validity. The method is realistic, but it requires a lot of time, and if the deadlines are not tracked, the driver will have to pay fines not only for late registration, but also for exceeding the deadlines for not registering.
Rewriting the sales contract
One of the unsuccessful and troublesome ways to avoid registration is to regularly rewrite the terms of drawing up the sales contract. Since the law regulates the need to register a car 10 days after its purchase, the contract will also have to be reissued with such frequency. From a theoretical point of view, such a procedure is not difficult, provided that there is agreement former owner... The practical application of the method is inconvenient and is associated with time costs and the risk of financial losses due to possible fines and problems with the seller.
Why do owners resort to such solutions?
Legislative innovations have simplified the mechanism for registering a vehicle, however, the amount of the state duty has been significantly increased, which must be paid to carry out any registration actions with respect to the car. For this reason, in order to avoid unnecessary financial expenses, car owners successfully use methods of reselling a car without registering it. The car may not be registered for other reasons:
- Gift of the purchased car to relatives;
- Purchase on credit and change in the financial situation of the buyer, making it impossible to repay the debt according to the terms of the financial institution;
- Participation in an accident immediately after purchase.
The reason for wanting to resell quickly may be an increase in the cost of maintaining the machine or the need to invest in it to restore its normal operation. The purchased vehicle may not be what the original owner saw at the time of purchase. The revealed fact of finding a car in an accident and recovering it after an accident can also become the reason for not registering it and the desire for a quick resale.
Possible consequences
It will be difficult to sell a car that is not registered within the specified time frame. The deal will have to be executed on behalf of the previous owner, since the seller did not fix his ownership. The buyer will have problems at the stage of registration with the traffic police, since the last owner is not the seller with whom the contract is concluded. The legislation provides for the option "deregistration", which implies the initiation of the deregistration of the sold car by the previous owner, new owner which is in no hurry to issue it. In such a situation, the restoration of the chain of car owners will be much more difficult. An unpleasant component of the event will be the accrual of penalties, which will have to be paid before any operation with the vehicle is performed.
The seller has the right to track the change in the status of the subject of sale. To do this, he can use the services of online or offline services. In the event of a legal violation, it is in his competence to withdraw the sales contract or report the car theft to the police. Since there are elements of offenses in the actions of the buyer, the law is unlikely to be on his side.
Conclusion
The car is not registered if its real owner does not want to operate it. Usually such cars are resold, and a new buyer is engaged in registration. To restore all the papers, he will have to spend a lot of time, since the seller is not listed in the documents, but the low cost of the object compensates for him. Late registration is the basis for calculating penalties, so the car owner should analyze what is more profitable for him, pay fines or register a car and be a law-abiding citizen.
The fact that the vehicle must have “even” documents is obvious. You can check the availability of any restrictions for the commission in advance - even before buying a car. We are interested in technical aspects... Replacing the power unit is not prohibited, but everything must be done correctly: the model of the new engine must match the old one. The motor number is of no fundamental importance - the main thing is that it does not light up in the base, being removed from a stolen car (for example). However, the power unit may not have any number at all; and if it was not deliberately destroyed, this should not be an obstacle to registration.
Malfunctions
The most important thing is the very presence of the engine: without it, the car will definitely not be registered. However, any vehicle (be it a crack on the frontal or a non-working lamp in the headlight) will in no way affect the ability to register with the traffic police in the prescribed manner. But there are nuances here.
The fact is that among the documents required for the implementation of registration actions, there is an OSAGO policy. It can be issued only if available, which is issued at the technical inspection point. And there it will become clear whether the car is undergoing technical inspection or not, since the experts check it on 65 points, which largely overlap with the "List of faults and conventions under which the operation of vehicles is prohibited" - there is such an appendix to the Rules road traffic, the meaning of which is clear from its name. The logic is this: if there are faults from this list, there is no diagnostic card. No card - OSAGO is not required.
Another thing is that, in fact, you can "pass the technical inspection" right in the office of the insurance company. This not too official service will cost about 1000-1500 rubles. And you don't have to go anywhere. You can move directly to the MREO even on a tow truck if the car is not capable of moving under its own power due to malfunctions.
Tuning
But in the presence of all kinds of collective farming and other improvements, the inspector has the right to deploy you, because this is already making changes to the vehicle design, which is determined by paragraph 7.18 of the above-mentioned "List". A design change should be understood to mean the installation of any equipment that is not standard for a specific car model or does not have the appropriate certificates that allow specific equipment to be used.
As a matter of fact, everything falls under this definition: from the banal tinting to the wheels of the "wrong size". Kangurin and additional light - will have to be dismantled. Curtains on the windows - too. Hitch and similarly - unless, of course, the previous owner has not formalized their installation in the appropriate way with the obligatory entry in the documents. Therefore, you should get rid of any improvements in advance, if you do not want to receive an invitation to visit MREO later, after eliminating illegal alterations, instead of a registration certificate.
- If the car you bought shows signs of corrosion, do not despair: there is an affordable solution that has been proven over the years -!
Under the new rules, the car seller is released from the obligation to deregister the vehicle. The change of the owner in the traffic police takes place upon registration by the buyer. But what if he sold the car and the new owner did not register the car? Let's figure out why the untimely change of owner in the traffic police is dangerous for the previous owner and how to avoid the sad consequences.
What problems the seller faces if the new owner does not register the car
It's too early to rejoice after signing the DCT and receiving money. The new owner has the right of ownership of the car from the moment of payment, but before registration, the previous owner bears legal responsibility for the use of transport, since the car is registered on him in the traffic police database.
Why is the situation dangerous if the new owner does not register the car:
- Fines come to the previous owner;
- Transport tax is charged to a person registered as an owner with the traffic police.
- In the case of crimes involving a vehicle, questions will be asked to the person to whom the vehicle is registered.
According to the law, fines for traffic violations are imposed on the person for whom the vehicle is registered with the traffic police. If the new owner did not register the sold car, then "letters of happiness" will fly to you.
This injustice is easy to deal with. It is enough to apply to the traffic police with a statement to remove the car from registration, attaching a purchase and sale agreement, the charges will be canceled and re-assigned to the real offender.
The situation with the transport tax is more complicated. The law says that the payer is the person entered by the owner in the TCP. It turns out that as long as the buyer does not register the car - pay the previous owner. The vehicle tax will be charged until the entry about the new owner appears in the traffic police database, or until the seller deregisters it. Tax costs can be reimbursed only from a negligent buyer: on a voluntary or judicial basis. To do this, draw up an application to the court and attach a copy of the vehicle purchase and sale agreement.
When concluding a sale and purchase agreement, you can specify penalties for violation by the buyer of the registration rules, which entail material losses for the seller
Let's take a look at how to avoid most of the problems after the sale of a car.
- Visit the MREO with the buyer and carry out the re-registration procedure;
- Indicate in the agreement the possibility of terminating the agreement in case of not registering with statutory terms without a refund or with a partial refund.
These are the main options that will help protect against dishonest buyers.
What to do if the new owner does not register the car
Despite the fact that the previous owner is not obliged to deregister the car, after 10-15 days check whether the new owner has been re-registered according to the traffic police information. This can be done by going to the official website of the traffic police. We select the tab "Services" and "Car check".
In the first column, enter the VIN of the car and check the registration information. The buyer is obliged to register the vehicle within 10 days after purchase. If everything goes smoothly, the latest data on the date of re-registration to the new owner will be displayed.
If, after the sale of the car, the new owner did not register it, then there are several options for action.
Call the new owner, inquire about the cause of the problem and ask them to settle the issue. Perhaps it’s commonplace that a person got sick, or went on vacation, or there is no free registration for a car in his city and it doesn’t fit on time. Yes, that happens too. If the person is adequate, everything will be settled.
It happens that after the purchase there are problems with pop-up encumbrances on the car, in which case the seller will be to blame. The buyer has the right to terminate the monetary policy and get the money back. In this situation, a joint visit to MREO is the best option.
If the new owner of the car feeds the car with breakfast, transfers it and puts it off without registering the car, threaten to break the monetary policy or write off the vehicle for scrap. A decisive attitude will accelerate the forgetful late. We do not recommend scaring the client by filing an application for theft, because after the presentation of the commercial proposal agreement, libel will be revealed and you will have to answer to the authorities.
Consider the most simple and effective method what to do if the new owner does not register the car.
Contact the nearest traffic police department with an agreement on the sale of a car and a statement to deregister the vehicle. The employee will accept and process the application. After that, the registration record by this vehicle canceled, numbers are put on the wanted list. The procedure is free of charge, no fees are charged.
The first check of documents for a car and a new owner will mean a fine and seizure of numbers. Another disadvantage for the buyer - during registration, you will have to pay for the issuance of a new license plate, since the old one is canceled when the previous owner is deregistered.
Particularly touchy sellers may even write off the car for scrap. Then the new owner will face difficulties with the registration of the car, the restoration of registration will be possible only through the courts, and there is no 100% guarantee that the court will meet halfway.
If the contract of purchase and sale is lost
Having sold a car, most do not think about checking its re-registration, especially if neither fines nor other troubles bother and have not encountered troubles before. But it happens that you receive a vehicle tax or a fine, and you have lost the car purchase agreement.
In this case, we write an application to remove the car from the register due to loss. It is this wording that will allow you to get rid of the record for you in the traffic police that does not belong to the vehicle and in the future the buyer can register the car without any problems.
Good luck on the road!
All articles
Registration with the traffic police of a car is a procedure that every new owner of the vehicle must go through without fail. In order to register a car after purchase in a short time and without problems, the owner of the vehicle must know the required procedure and the list of papers that will need to be presented to the traffic police officers. "Autocode" will tell you how to properly register a used car.
Where to register the car
There are 2 ways to register a used car:
- at the State Traffic Safety Inspectorate;
- using the Internet portal of the State Service.
Today we will take a closer look at the first option. Read about how to register a car using the State Service portal in our special material.
The rules for registering a used car require the car owner to complete a package before visiting the traffic police required documents, consisting of:
- Russian passport;
- a document with which you can certify the ownership of the car (sale and purchase agreement (DCT), power of attorney or certificate of inheritance);
- a receipt confirming the payment of the state duty in the amount of 1,500 rubles. (for more information about the state duty, see the special material);
- OSAGO policy (it is necessary to enter information about the owner of the car beforehand);
- applications for registering the vehicle with the personal signature of the vehicle owner (how to fill out an application for registering a vehicle with the traffic police, read a separate article).
Be very careful when filling out the application form - a document with corrections and additions will not be accepted. A statement completed in pencil is also considered invalid.
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If a used car is purchased abroad, then you will additionally need to provide transit numbers.
Registration of a used car: procedure
When all the necessary papers are collected, we go to the nearest traffic police department. The exact address can be obtained on the Internet - on the official portal of the State Traffic Inspectorate.
We are not lazy to wash the car beforehand - otherwise there is a risk that the traffic police will not allow the car to be inspected technical condition.
It is important to know that the buyer has the right to register the car directly at the place of purchase, regardless of his place of residence. For example, if the buyer lives in St. Petersburg, and a suitable used car was found in Samara, it can also be registered there, but the vehicle will be assigned to your address in the Northern capital.
The procedure for registering a car itself consists of several stages.
1. Submission of documents
If all the papers are in order, no difficulties should arise here. The traffic police officer will review the documents and send you for an inspection of the technical condition.
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2. Machine inspection
The procedure is carried out on a specially designated area. In this case, the correspondence of the number of the power unit and the number of the chassis with the data specified in the vehicle passport is carried out. If the numbers do not correspond to the data from the TCP or for some reason the reconciliation cannot be carried out (the numbers are illegible, overwritten, etc.), a forensic examination is appointed.
Also, the reason that a used car will not pass inspection at the traffic police may be the presence of significant changes in the design of the car (excessive tuning), tinted glass or lighting fixtures.
The rules for registering a car provide that the owner cannot make changes to the design of the car that can significantly affect it. specifications... Including:
- change the number and location of seats, as well as fuel tanks;
- convert the chassis;
- set power units whose power and weight differ from the parameters provided by the manufacturer;
- make adjustments to the dimensions and weight of the vehicle;
- set fuel tanks larger capacity;
- make changes to lighting equipment;
- set wheel disks larger or smaller diameter, etc.
If the previous owner made such changes to the design of the car without the appropriate agreement with the traffic police, the car will not be registered. That is why it is important to check the technical condition of the car in a trusted service before buying.
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If the traffic police did not reveal any violations, we proceed to the final stage of registration.
3. Obtaining a certificate of state. registration
To do this, we apply to the inspection certificate of the technical condition in the corresponding window of the territorial department of the traffic police and after 10-15 minutes we become the happy owners:
- certificates of state. registration of the vehicle;
- state numbers.
Do not be lazy and check the papers issued to you for errors or typos (it also happens).
What is the threat of driving a car that is not registered with the traffic police
From the moment of the conclusion of the DCT for the registration of the vehicle, the newly baked owner is given 10 days by the law. Failure to comply with this rule threatens to create a number of troubles. Article 12.2 of the Code of Administrative Offenses of the Russian Federation for the operation of a car that does not have state registration plates provides for a fine of 500 to 800 rubles. Repeated violation of the law will result in a more severe punishment - a negligent car owner will have to pay 5 thousand rubles. or to lose the rights to drive the vehicle for a period of 1-3 months.
Please note that you will not be able to register a vehicle that has been scrapped, arrested or wanted. To avoid problems even at the stage of registration of the transaction for the purchase of a used car, we advise
1. Sold the car, but the new owner does not register the car. The tax comes to me.
1.1. You need to submit a contract of purchase and sale to the traffic police in order to remove the car from the register yourself.
1.2. Dear Love Mr. Elista!
Most likely you have incorrectly executed the sale of the car because:
For the state registration of the TRANSITION of the ownership of the car, it is MANDATORY to submit the original to the REP STSI of the Russian Federation! the following documents: -A sales and purchase agreement, it is possible without notarization (Article 454 of the Civil Code of the Russian Federation); -PTS for a car with the signature of its Owner; -Invoice-reference when making a deal with a legal entity; -notarized General Power of Attorney to complete a transaction if it is made by a Representative, etc.
In addition, during the state registration of the transfer of ownership of a car in the REP of the State Traffic Safety Inspectorate of the Russian Federation, the presence of the Seller and the Buyer is required! Or their representatives with passports and powers of attorney.
Also, the REP of the traffic police of the constituent entity of the Russian Federation must reconcile ALL the numbers of the units of the car sold.
Besides:
1) It is NOT POSSIBLE to sell a car under a notarized power of attorney!
2) It is POSSIBLE to sell a car only under the Sales and Purchase Agreement (Article 454 of the Civil Code of the Russian Federation)!
You can remove the car from the state registration at the REP of the traffic police, replace the state numbers, you can:
- as before its sale;
- and after the sale of the car.
The procedure for payment for the car is drawn up by the parties to the Transaction with the Acceptance and Transfer Certificate of the car and money for the car.
I wish you good luck Vladimir Nikolaevich
Ufa October 29, 2019
2. Bought a car and on TCP one owner and another on TCP and we are not registered.
2.1. Good day! I can tell you one thing then, that you need to terminate the contract and take your money! When the contract data do not coincide with the title of the vehicle, then you will never be registered with the car!
2.2. The data in the TCP and STS during registration must be the same when registering with the traffic police.
specify the owner in the traffic police and check with whom you have entered into an agreement on the KP TS.
3. Do not put new car registered as the towbar is installed.
3.1. It is necessary that the hitch has been taken into account in the design.
4. Bought a car rank number is not readable on the register do not put how to return the car to the owner.
4.1. To begin with, contact the seller with a written claim to terminate the sales contract, indicate the reasons. If the funds are not returned, go to court.
5. I bought a car under DCT, did not register it, will they accept an application for recycling?
5.1. Yes, they will accept an application for disposal on the basis of a sales contract.
5.2. Hello Dmitry!
The application will be accepted, but may be brought to administrative responsibility for violating the rules of state registration of vehicles (Article 19.22 of the Administrative Code of the Russian Federation).
6. The car is not registered because the engine was changed, what should I do in this case?
7. I bought a new car in autolad I can sell it without registering it.
7.1. Hello! Please explain on what grounds they refuse to register the car.
8. They do not want to register the car; no wine numbers under the hood. We want to carry out an independent examination, they impose on us a state one. Citing the fact that an independent examination will not be taken into account.
8.1. Elvira, File a complaint with the immediate head of the police department and the prosecutor's office in accordance with Art. 10 Federal Law "On the Prosecutor's Office of the Russian Federation". Further according to the situation. It is possible to appeal against their actions through the court, but it is better to file complaints first.
9. Hello, I was buying a car and ran into outbid when they punched the car through the gibbd base for hijacking and everything else, the car was clean, drove to register with the gibbd, the car was banned registration actions, there is a copy of the car owner's passport, she received a duplicate of the title on 07/01/2016 and the ban was made on 04/23/2018, we live in different cities, the ban is not hired and who sold her the car.
9.1. You need to terminate the contract of purchase and sale in a judicial proceeding of Article 450 of the Civil Code, only in this way will you return the money, or apply to the court to release the car from arrest in connection with the change of owner.
10. The car was pledged by the bank, the car was sold, the pledge was repaid in full, but the car was subject to a restriction for the debts of the housing and communal services, they were not registered, what should I do?
10.1. The new owner must file a claim with the court to recognize him as a bona fide purchaser and the vehicle and to remove the restrictions.
Option 2: if the debts on housing and communal services are collected on the basis of a court order, then an objection must be filed to cancel it.
11. We put the car on record. Passed the inspection, paid the state duty, but did not manage to go through the last stage within 10 days of the purchase and sale agreement. Will we be obliged to pay a fine if we arrive at the last stage after 10 days?
11.1. Yes, part 1. Art. 19.22 of the Administrative Code of the Russian Federation
But! If you come to register a spouse with a simple written power of attorney from the owner, then the fine can be avoided, there is such a practice))) Success!
12. I bought the car not long ago, the license plate was on the wanted list, the inspector took the license plate and STS what to do, whether it is possible to register.
12.1. Hello! If the car is on the wanted list and the documents are seized, then do not put it on record.
13. The TCP mistakenly wrote that the engine is gasoline, but it is diesel, the engine number and letters are correct. Is it possible to make changes to the vehicle registration during the sale, or does this need to be done in advance, and is it possible to make changes not at the place of registration of the car?
