Not every person can afford to buy a car from a dealership. The lack of sufficient funds forces Russian citizens to purchase cars on the secondary market. Such purchase and sale transactions are always associated with certain risks, in particular with receiving unexpected information about the deregistration of a vehicle. In such a situation, the new owner must register the car himself if the registration has been terminated, complying with the requirements of the Federal Law.
What is the essence of deregistration?
In 2011, changes were made to Federal legislation that allowed not only buyers of vehicles to deregister them, but also sellers. For example, now the former owner of a car can contact the traffic police and terminate its state registration in his name if it has not been re-registered by the new owner within 10 days from the date of execution of the purchase and sale agreement. If he does not do this, then the car will still be registered with the previous owner according to the database, and he will have to be responsible for all traffic accidents committed.
Attention! The former owner of a vehicle may, on his own initiative, terminate its state registration if the buyer has not contacted him for a long period of time.
To prevent this from happening, citizens who purchase cars on the secondary market need to contact the former owners before re-registration. Otherwise, they will have difficulties when registering their car.
Termination of registration
Since 2011, it has become possible to deregister a car that is not in the hands of the owner if the procedure cannot be carried out properly. The owner can close the registration after signing the purchase and sale agreement if the car has not been re-registered to another owner within 10 days. Since this means that the vehicle is still “hanging” on the seller, and he will have to answer for everything that happens to it.
What to do if the former owner of the car stopped registering? This can happen if the buyer has not made himself known for a long time. There should not be any difficulties in renewing registration if there is an agreement confirming the fact of purchase and sale. You must not lose contact with the seller, since if the specified document is lost, only the real owner who deregistered the vehicle will be able to register the vehicle again. That is, he must be personally present when registration is renewed.
If this is not feasible, it is possible to issue a power of attorney for the buyer. The person who received it can agree on this with the owner and carry out all procedures on his behalf, then the seller will not have to accompany the new owner in the event of force majeure. If contact with the previous owner is lost, you can go to court with a request to recognize ownership of the car as the buyer. To avoid the problems described, it is advisable to maintain contact with the owner until all documents are completed.
Consequences
What are the consequences for the buyer of termination of vehicle registration after the sale? He may be denied registration of the car. According to the order of the Ministry of Internal Affairs of the Russian Federation No. 139 dated March 20, 2017 “On introducing changes...”, this can happen for the following reasons:
- number recognition was impossible;
- the fact of forgery of documents was revealed;
- lack of ERA-GLONASS in the car;
- invalid PTS;
- the owner was declared dead (by court decision);
- state duty has not been paid.
If the buyer does not meet the 10 days allotted for registration, he will be issued a fine of 2,000 rubles upon registration.
How to proceed?
Termination of vehicle registration may occur for the following reasons:
- The car was involved in a traffic accident and was seriously damaged. In such a situation, the owner can sell the car for spare parts or carry out repair work to fully restore its functionality.
- If the car was stolen by criminals, the first thing the owner should do is contact the law enforcement authorities with a statement. After the car is found, the owner can deregister it.
- The previous owner removes the car from registration if the new owner ignored the ten-day period for re-registration established by Federal legislation.
- The car had temporary state registration on the territory of the Russian Federation. After the permit expires, the owner must contact the traffic police and submit an application. After receiving a positive decision, he will be allowed to restore the state registration of the car.
- If the vehicle was operated under a leasing agreement, then after the expiration of this agreement, registration can be restored in two ways: by entering into a new agreement, or by prolonging a previously signed agreement.
Russian citizens should be very careful when buying cars on the secondary market. Before signing the purchase and sale agreement, they should check whether the car was deregistered, and if so, on what basis. In such a situation, you can find out about the permanent termination of state registration, for example, due to the gift of a car.
If the vehicle was nevertheless deregistered by the former owner, then the new owner must re-register it.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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No problems will arise if the buyer maintains contact with the seller and has a car purchase and sale agreement in his hands. The former owner should be asked to come to the traffic police, since without him the procedure for renewing state registration is not possible. If the seller cannot be present in person, he should send in his place an official representative who has a notarized power of attorney.
Step by step recovery guide
The process of registering a deregistered vehicle with state registration involves a certain sequence of actions:
- Initially, the new owner of the car calls the seller and agrees on a joint trip to the traffic police. The new owner must have a complete package of documentation with him (his own and the vehicle), and the former owner must have a passport for personal identification.
- Documents are handed over to an authorized employee.
- The new owner goes to pay the state fee, after which he returns.
- You will have to bring the vehicle to a specially equipped site of the State Traffic Inspectorate for inspection. If the owner does not have the right to drive the car due to the lack of a title, then the car should be transported to the site using a tow truck.
- Traffic police officers will conduct an on-site inspection of vehicles. During this process, they will check the numbers present on the power unit and body with the data specified in the register of deregistered vehicles. For these purposes, State Traffic Inspectorate specialists will need a purchase and sale agreement.
- If during the inspection of the vehicle no violations are revealed, and all documents provided by the owner are in perfect order, then the state registration of the vehicle will be successful.
Attention! If a citizen bought a car from a reseller with a canceled registration, then he may have problems. The difficulties arise from the fact that only the owners of the car – former and new – can participate in the state registration process.
Is it possible to re-register a vehicle after its termination?
Yes. Deregistration of a vehicle is possible in the following cases:
- When selling - at the request of the seller. The current registration procedure does not require mandatory deregistration of the car, however, if the buyer has not completed the registration steps within ten days from the date of transfer of the car, the seller has the right to protect himself by submitting a corresponding application to the traffic police.
- When disposing of a vehicle. The scrapped vehicle is deregistered and sent for recycling. However, situations are possible when even the most worn-out car still interests someone - and then the question of re-registration may arise.
- When traveling outside the Russian Federation for a long period of time.
- When a car is stolen. If a car has been stolen, its owner contacts the traffic police and, among other things, government authorities stop registering this vehicle, thereby depriving the thief of the opportunity to legally dispose of the stolen car. In the same case, if a car that was stolen was found, the question of re-registration may arise.
The procedure of re-registering a car in itself is permissible by law. However, in order to accomplish this, the vehicle owner will have to take a number of specific steps.
Required documents
To register a car that has been deregistered by the owner, the new owner needs to collect a package of documents:
- contract of sale;
- passport;
- tax identification number;
- PTS (original and copy);
- an approved sample application for state registration of the vehicle;
- a receipt confirming the fact of payment of the state duty;
- any documents confirming ownership of the car.
How to restore a car's registration
You can restore a car’s registration after it has been terminated in the same way as when registering it. You need to contact the traffic police in person, through the multifunctional one. You will need to present:
- PTS;
- personal passport;
- documents confirming ownership of the car;
- OSAGO policy;
- the vehicle itself for inspection;
- receipt for payment of registration actions.
After completing all the required steps, the car will be registered. The owner of the vehicle will be issued a new STS.
Sources:
Administrative regulations of the traffic police for vehicle registration
Government Decree on vehicle registration
State duty
When registering a vehicle whose state registration has been terminated, the owner will have to pay a fee, the amount of which is 2850-3300 rubles. Its size is not affected by the fact whether the car is new or has a decent operating history.
The amount of state duty includes the following payments:
- 500 rub. - registration certificate;
- 2000 rub. – replacement of license plates (if required);
- 800 rub. – new PTS (if a new document is not required, and a lost one can be restored for an amount less than 330 rubles).
Is it possible to travel without registration?
Federal legislation obliges all Russian citizens who have purchased cars to register them with the state within ten days. You cannot drive a vehicle without a state registration certificate, and penalties are imposed for such a violation.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
Ask a Question
But, new owners can find a way out of this situation and operate them without fear within 10 days after purchasing the car. To do this, they just need to carry with them a purchase and sale agreement, which indicates the date of execution of the transaction. But, on the 11th day, the car must be registered with the state, otherwise you will have to pay a fine of 500 rubles. up to 10,000 rub.
