Car owners often have to deal with the problem of the impossibility of registering with a vehicle when it is sold or purchased “on hand”. According to the law, such a measure is applied to car owners in the presence of any violations. They may be associated with existing debts, delays in tax payments or accruals on loans, with property disputes, the subject of this car. Since such a measure is not so uncommon, any car owner should know what a ban on registration actions of a car is and what to do if such a sanction was applied to the owner of the vehicle.
Who can impose restrictions?
The authorized bodies that recorded the violation have the right to suspend the possibility of registration actions with the car. The list of such departments includes: judicial authorities, customs services, investigative authorities, etc. (A full list of responsible authorities can be found in Order No. 1001 of October 24, 2008 of the Ministry of Internal Affairs of the Russian Federation).
How do competent authorities operate?
Each authorized agency, having recorded a violation, notifies the owner of the vehicle of the need to eliminate the reasons that could lead to it. If during a given period a person does not take measures to eliminate the fact, then a ban is imposed. Information about him is also transmitted to the traffic police, which, in turn, refuses the "violator" when applying for the purpose of re-registering a car.
What violations may entail restrictions?
The reason for the ban on registration of the car may be as follows:
- A trial in which the vehicle is involved in one way or another (for example, during a divorce proceedings, when the spouse is unable to peacefully decide who will get it). The prohibition in this case does not give the right to sell the car until a court decision is made in this case. The ability to carry out registration actions will be available immediately after receiving a decision from the court.
- Illegal actions when transporting a vehicle through customs. For example, an understatement of the cost of a car. If the customs services record this, then they may also impose a ban on the registration actions of the vehicle.
- The presence of debt. We are talking about any debt that was not repaid in a timely manner (credit payments, utility bills, tax payments, unpaid fines, etc.). In this case, a ban will be implemented on the registration of a vehicle by bailiffs who have received a court decision to recover.
- The application for theft from the owner of the vehicle, recorded in accordance with the law, damage to the mountings for state signs and parts of the car, on which there is a VIN number, give the right to ban the registration of the traffic police.
How to cancel the imposed restriction?
Regardless of which authorized body made the decision to ban the re-registration of a car, there is only one way to cancel it - to eliminate the violation that has become a catalyst.
It is also important that the vehicle owner understands what a ban on registration of a car and the arrest of a vehicle are. In the first case, we are talking about the impossibility of only re-registering a car, and secondly, the impossibility of taking any action with the vehicle.
How to check for restrictions?
You can find out the ban on the registration actions of a car either through Internet resources, or with a personal visit to any MREO. As sources for "remote" information, the FSSP portal and the official traffic police website can act. In the first case, in order to establish a ban on the registration of a car by bailiffs, it is necessary to check for existing debts by entering the data of the car owner (date of birth, full name), and secondly, indicate the VIN number of the car.
On the official website of the traffic police, in addition to information about restrictions, you can also find a lot of useful information (this is especially true for people who want to buy this car): data on recorded accidents, the number of car owners (with periods of ownership), etc.
You can also find out what a ban on the registration actions of a car is, and get information about whether there are any restrictions on performing operations with a vehicle by contacting the MREO department personally. You must have all the necessary documents with you (identification, STS on the car, etc.).
How to remove the ban on registration actions of the car?
The first thing to do is find out the basis. If the reason for the ban on the registration of the car is obvious and lawful, then it must simply be eliminated. If the car owner believes that there has been a mistake and his fault in the offense that served as the restriction, no, you should consult with a lawyer. As a rule, an unlawful ban on the registration of a vehicle by a court is considered. If the owner succeeds in proving his innocence, then the decision received after the completion of the case will be the “release” of the machine. In this case, you just need to provide it to the traffic police.
Grounds for lifting the ban
If the fact of violation was recognized by the owner and eliminated, then you should get on hand the evidence of "elimination", which can serve as a receipt for payment (if there is a debt), a judge’s decision (when resolving property disputes in court), a certificate of serviceability of the vehicle (in case damage to the car), etc. With this document you need to contact the agency that carried out the prohibition. This is the main feature: only the authorized body that decided its occurrence can lift the ban. After providing a certificate / receipt, etc., it is necessary to obtain a certificate stating that the cause of the violation has been eliminated, which means the elimination of the existing ban. Such a certificate, received from the authorized body, gives the right to the car owner to come to MREO and record the fact that the restrictions are canceled.
What to do to a person who has purchased a car with existing restrictions?
In order to understand what the ban on registration actions of a car means, you can contact the previous owner of the vehicle and try to clarify with him all the information about possible reasons. You can also independently obtain information through the official website of the STSI and the bailiff service. You can personally contact the employees of the MREO department, having received a copy of the decision on imposing a restriction, which contains information about what the ban on registration actions of a car in this particular case means, and about the reason for its occurrence.
After establishing the basis, it should be assessed whether it is possible to eliminate the violation on their own. If we are talking about a small debt, then you need to pay it off and provide the appropriate payment document to the authorized body that has implemented the restriction. If the amount of debt is large and there is no way to cover it yourself, you can try to contact the former owner and try to agree. In the best case, he may agree to cover the debt in whole or in part, in the worst he completely refuses to pay the debt. Then the current owner will have to go to court and seek recognition of the illegality of the contract of sale. In this case, the car can be returned, having received back its value.
What to look for when buying a vehicle "with hands"?
In order not to encounter such a problem as the purchase of a car with restrictions, you should always remember that:
- it is better to buy a vehicle in an official salon, avoiding buying "from hands" from the so-called outbid and "street" salons;
- you need to independently inquire about the car (using online resources);
- avoid transactions concluded with a representative of the owner acting by proxy;
- thoroughly check the car if there is a duplicate of the TCP in the package of documents (there is a risk that the original is in the credit institution through which the vehicle was purchased, which means there is an unpaid loan);
- make sure that there is an extract from the bank that the loan, through which the car was purchased, was repaid successfully;
- when completing a transaction, in the sales contract indicate only the current value of the vehicle, which will allow in case of a trial to regain its real value.
Should I buy a car with a restriction?
Often you can meet people selling vehicles with existing restrictions and not hiding it. At the same time, the buyer should clearly understand what a ban on registration actions of a car is. For such vehicles, most often the cost is significantly lower. At the same time, it is categorically not recommended to purchase such a car, even if the seller is sure that lifting the ban is a trifle. Indeed, in practice, the process can be significantly delayed, as a result of which it will not be possible to officially become the owner of the vehicle.