The sale and re-registration of a vehicle can not be carried out if there is a ban on registration actions. Therefore, before buying a car, you should check the good faith of its current owner and get information about the possibility of making transactions with this vehicle. How this measure can appear, how to check a car for restriction of registration actions, what actions to take to remove it, will be discussed in this article.
What does it mean?
The restriction on the registration of a car means a measure of influence on car owners who, one way or another, have crossed the line of the law. The prohibition is a temporary measure and is valid until the culprit has eliminated the violation. At the same time, the right to use a vehicle in a person is retained. The restriction on the registration actions of a car concerns operations that are related to data changes, for example, a change of ownership, execution of a gift agreement, etc.
Is it possible to register such a car?
If, nevertheless, such a vehicle was sold, the new owner cannot operate it, since, according to the law, it must be registered no later than 10 days after the transaction (i.e., conclusion of a sale contract) . And due to the presence of restrictions, this will not be possible to implement.
Who has the right to decide on a ban?
Depending on the cause of the restriction for the car, the following authorities can impose a ban:
- Courts - if the owner has debts (for utilities, loans, taxes), fines unpaid on time, property disputes, the subject of which is a vehicle.
- Customs services - upon detection of inaccuracies in the documentation, identification of information forgery.
- Traffic police - if the vehicle is wanted or if a mismatch in the appearance of the car is detected, for example, due to a traffic accident.
- Investigative authorities - when a vehicle is wanted.
- Social protection authorities in favor of minors.
- Other authorized bodies.
The list of reasons why a restriction on the registration actions of a car may be imposed is quite wide. The banal lack of timely payment of tax accruals may be a reason for imposing restrictions. The full list of grounds can be found in the order of the Ministry of Internal Affairs dated November 24, 2008, No. 1001 “On the procedure for registration of vehicles”.
It is important that even the elimination of a violation that caused such a restriction on the registration actions of a vehicle does not automatically remove it. In such cases, it is necessary to have documentary evidence of eliminating the reason that led to the imposition of the restriction from the authority that issued the decision. Moreover, if there are several reasons, then the same number of certificates should be obtained.
Removal Procedure
Not always the vehicle owner may be aware of the prohibitions and know that there is a restriction on the registration of the car. Most often, state authorities do not notify the imposition of such sanctions. Therefore, even if the restriction on the registration actions of a car is imposed, a bona fide seller may not be aware of this fact.
Information about, for example, the presence of a fine, is sent as a notification before the occurrence of this event. Thus, the cause can be eliminated without waiting for the application of punishment. If the vehicle owner still did not know about the sanctions imposed, how to remove restrictions on the registration actions of the car? The procedure for the owner should be as follows:
- You must obtain a copy of the document confirming the existence of the ban. You can do this by contacting the MREO. If the reason for the restriction on the registration actions of the car is not known to the car owner, it makes sense to contact a lawyer for clarification of what to do in this case. As a rule, such situations are resolved in the courtroom. If during the process the owner manages to prove his case, the court decision will be the basis for the abolition of the restrictions.
- After finding out the reason, actions should be taken to eliminate it: to pay a fine, debt, etc. In this case, it is important to obtain written evidence that the reason has been eliminated. As a rule, such a document may be an appropriate certificate or statement.
- Visit the authorized authority on the initiative of which the vehicle was seized and provide evidence that the reason leading to this has been eliminated. After successfully resolving the issue, documentary evidence follows.
- Obtain a certificate from this authority, indicating the lifting of the ban on registration actions with the car.
- Provide the received documents to the MREO office to record the fact that the ban was lifted.
Where else can I find out about the reason for the restriction?
You can also get information about what caused the ban through the bailiff service (in person or on the official website of the service) and the official traffic police website.
What to do next?
If the issue was resolved through the court, having in its hands a court order to terminate the ban, you can immediately contact the MREO without receiving additional certificates. If the violation has actually occurred and has been eliminated, you should get the appropriate certificate. With such evidence, you can contact the MREO and record the fact of the lifting of the ban on limiting registration actions. In fact, this is not a mandatory item, since after a certain time the data that the arrest has been canceled will still go there. However, a personal appeal from the car owner will speed up the lifting of the restriction.
After the restriction on registration actions is removed from the vehicle, the owner of the vehicle can carry out any operations with him.
Acquisition of a vehicle with restrictions
Before buying a car, it is recommended to get all the available information on it, including checking the car for registration restrictions. This is pretty easy now. The traffic police offers to check the car for restriction of registration actions on its official resource.
How to do it?
Services for receiving data on the vehicle are freely available. All that is required from someone who wants to get acquainted with the history of the car is to enter the VIN number / chassis / body. The data submission process takes less than a minute. Thus, in online mode, you can also get information about whether the vehicle participated in any incidents, how many owners are indicated in the vehicle passport and so on.
What should I pay special attention to when buying?
Care should be taken to cars whose set of documents contains a duplicate of the vehicle passport. Of course, it is possible that the original was lost or replaced in connection with the expired space for recording information about the owner. However, there is a risk that the duplicate was received due to the fact that the original document was held as a pledge in a banking organization, i.e., the car itself, as a result, was bought on credit, which has not yet been paid.
It is not recommended to buy a car that has any restrictions imposed, because in the future you will have to work hard to officially become its owner, since the term for removing the restriction on the registration actions of a car may be delayed. As a rule, a person who acquires such a vehicle most likely does not know that such a ban exists, or intentionally acquires such a vehicle. Conscientious sellers can underestimate the cost, while explaining that, for example, there are some difficulties in passing customs. However, you can meet face to face with a person who not only does not report such an important factor, but does not even make a discount on the purchase. In view of this, you should take care of yourself to obtain information about the legal cleanliness of the vehicle, so that you do not later wonder how to remove restrictions on the registration actions of the vehicle.
What should I do if a similar fact is revealed after the purchase?
If, nevertheless, it was not possible to avoid the situation of buying a car, which has restrictions on registration actions, then the first thing that will need to be found out is the reason for the imposition of this ban. It may well be that the former owner has an unpaid fine. And this means that after payment and receipt of the necessary documents confirming the lifting of the restriction, you can go to MREO and register the car. The situation is much more complicated if the impossibility of carrying out operations with a car is connected, for example, with the protection of persons under the age of majority. Here you can’t avoid filing an application with the court.
Avoiding restrictions
In order not to encounter such a problem as a ban on registration actions, it is enough to pay all the penal, utility and tax charges, it is legal to act when transporting a vehicle through customs. After payment of any debt, a document confirming payment should be retained. And if possible make sure that the payment arrived at.
In order to avoid buying a vehicle, for which there is reason to assume the existence of such facts, it is necessary to know in advance the restrictions on the registration actions of the car. It is worthwhile to carefully approach the selection process: check the availability and condition of documents on the vehicle from the current owner, check the data through the services provided by the Federal Service of Bailiffs and the State Traffic Safety Inspectorate.
Being informed about what the restriction on the registration actions of a car means, you can protect yourself from problems such as difficulties with the design, sale, donation of vehicles, visits to courts, etc.