What does a scrapped vehicle mean under the 2021 law?
There have been 2 important changes in the legislation on vehicle registration and our discussion question, which have completely updated the answer to the main question.
- In mid-2021, Order No. 605 on the provision of the relevant public service was changed, as a result, a disposal certificate is now required. Thus, if before the changes a car, motorcycle or other type of vehicle could be disposed of after the fact: first deregistered by the traffic police and then destroyed, then according to the new law, the car must first be scrapped, having received a certificate of disposal, and only on the basis This document will deregister her. And according to the law, such a scrapped car cannot be restored for the simple reason that, in fact, something other than recycled metal has already been made from it.
- At the end of 2021, Order No. 399 on the procedure for registering cars came into force, which in a new way prescribes the procedure for restoring and registering such cars. And it is he who gives the answer to the question of whether it is possible to restore the documents of a car after disposal along with its license plates, including without the owner.
You will also be interested in:
- Will they be registered and deregistered if there are fines?
- How much does it cost to deregister a car with the traffic police?
- How to check whether the previous owner removed the car from the traffic police register?
How does the registration restoration procedure work?
After purchasing a salvaged car, all owners are required to register it in their name. They are faced with the question of how to register the purchased scrapped car. Before this, you need to restore your previous documents. The registration process for such cars is quite standard. The car restoration procedure can only be carried out in the presence of the former owner.
It is important to draw up a sales contract after the disposal of a written-off car. Otherwise it will be legally invalid.
Is it possible to register a scrapped car without involving the previous car owner? No you can not. To restore it, you must agree with the previous owner. Either meet together at the traffic police department, or act on your own under a general power of attorney. Such a power of attorney gives the right to carry out actions to register a car and must be notarized.
When contacting the traffic police, it is important to choose the department in which the car was written off!
Algorithm of actions after purchasing a salvaged car:
- Contact the last owner and arrange for registration.
- File a statement with the traffic police from the previous owner.
- Passing a technical inspection of the car.
- Drawing up an MTPL insurance contract for the old owner.
- Pay the state fee for restoration.
- Submit registration documents to the traffic police.
- Conclude a purchase and sale agreement (only after receiving the documents!).
- Pay the registration fee in your name.
- Write an application to amend the PTS.
- Take out an insurance policy for yourself.
- Register the car in your name.
- Terminate the insurance contract for the previous owner.
There is a certain risk that at any moment the person from whom you are buying the car may change his mind about selling it and simply not show up at the traffic police station at the appointed time. Or take the completed documents and disappear. Here you can only rely on the honesty of people.
Before registering a car, you need to bring it with the help of a tow truck, even if it is running.
Otherwise, inspectors will have questions. After all, driving recycled vehicles around the city is prohibited by law, and traffic police officers can issue a fine. To restore registration you will need the following documents:
- Owner's passport.
- Application addressed to the head of the traffic police.
- Vehicle registration certificate (if available).
- PTS of the car (vehicle passport).
- OSAGO insurance policy.
- A receipt confirming payment of the state fee (for registration and signs will be 2 thousand rubles).
The application must indicate the engine number, body number, year of assembly of the car and the registration number of the scrapped car.
After checking the documents, the employee is obliged to inspect the car for compliance with all structures, as well as for the presence of technical faults. He will check the engine and body identification numbers. If problems are found, the owner will be given time to correct them. After correction, you need to return to the traffic police again. Therefore, it is better to make sure right away that the machine is in good working order. When the documents pass the check and the car meets technical standards, the owner is given new documents. Also a new technical passport of the vehicle.
When removed due to disposal, not only the registration of the vehicle, but also its license plates are canceled. Therefore, when restoring, you will need to get new numbers. It will not be possible to return the previous numbers, no matter how much you would like it.
Can it be restored today?
Yes. Can. As we indicated above, the new Order No. 399 makes it possible to restore the registration of a car if it was deregistered on the basis of disposal, but in fact remained intact and functioning.
We are talking about paragraph 18 of the new law, which says the following:
18. Registration of a vehicle after its termination is carried out:
- …
- in relation to a vehicle that has not actually been disposed of, the registration of which has been terminated due to disposal, on the basis of confirmation of credentials at the place of last registration of the vehicle (if there is information about a previously issued PTS, electronic passport);
Why was this clause introduced after the changes, if it is assumed that the car was actually thrown into scrap metal?! And then, the legislators have provided for the subtlety that a car owner may want to register a car that was removed before the mandatory scrappage certificate came into force.
That is, the car could have been deregistered as junk, but is actually stored in a garage. And so the traffic police decided that such vehicles have the right to a future life on the roads of Russia.
How to register a scrapped car?
Below is a plan of action in the event of purchasing a car scrapped according to documents from another person. The procedure for restoring registration for such a vehicle consists of several steps:
- Agree with the owner who carried out the disposal activities. It is he (or his authorized representative) who can carry out the reverse process. It is possible to conclude a purchase and sale agreement only after the car goes through the restoration procedure;
- Visit a notary to draw up a general power of attorney. In this case, the former owner will not have to visit the MREO once again. This step is optional;
- Visit the MREO and submit documents for restoration. The procedure is not much different from the usual registration of a vehicle. You will also need to present the car itself for inspection. An important nuance - it can only be brought by a tow truck, since driving a scrapped car is prohibited, no matter how excellent the technical condition it is;
- Wait for the recovery procedure to complete. In this case, the car will be registered to its former owner;
- Conclude a purchase and sale agreement with the owner of the car;
- Once again contact the MREO and go through the procedure of re-registering the vehicle to the buyer.
Where can this be done?
As can be seen from the quote from the Order, this can be done using the data about the car stored in the traffic police database - in the archive. At the same time, there are 2 options for such an archive: paper and electronic. From the latter, a car can be removed for a variety of reasons, but from the first – paper – documents cannot disappear anywhere for many years.
What does all of this mean? A means 2 possible options for where to address our question:
- restore the scrapped car in any registration department of the State Traffic Safety Inspectorate, if data about it is saved in the electronic database,
- re-register such a car with the traffic police only in the department where it was deregistered, if the documents remain only in paper form. Since the credentials specified in the quotation of legislation can only be confirmed there.
Unfortunately, it is impossible to reliably find out in advance whether the data on your vehicle remains in electronic form. You can check the vehicle on the official website of the traffic police by entering its VIN number in the registration history check service.
- if the result shows information about the disposal of the car, then this data is in electronic form (and pulled up by the site from the electronic database),
- if it gives information about the impossibility of performing a search using the specified VIN number, then it means that the car is not in the database, there are only documents for it.
But this data is also unreliable, since the site often makes mistakes anyway. Therefore, it is better to immediately contact the MREO of the State Traffic Inspectorate where the car was submitted for scrap.
How to register? Instructions
There can also be 2 possible results - a banally successful registration of a car or a refusal.
The latter happens for a variety of reasons, often illegal. Therefore, you need to prepare (as a last resort) to go to court. The fact is that when contacting the traffic police on complex issues, which include the restoration of a scrapped car, very often employees, instead of trying to solve it, prefer not to waste their nerves and not take unnecessary risks, but to refuse restoration, and, moreover, avoiding in writing by all means such a refusal.
But with a positive decision of the court, the traffic police will already be required to register the scrapped vehicle, since they are obligated to do so by the same Order at the same point.
Documentation
Registering a junk car is no different in steps from registering a new one, except for a set of documents. Of these, first of all, it is necessary to take out MTPL insurance for the car; without it, the car will not be registered. And after registration, you will need to contact the insurance company again to enter the received license plates.
Next you need to pay the following state fees:
- 2000 rubles for receiving new numbers,
- 500 rubles for issuing a new registration certificate,
- 800 rubles for the restoration of a disposed vehicle.
The following documents will be needed:
- Your passport,
- receipts for payment of state fees,
- application for registration,
- certificate of deregistration issued previously (not always),
- purchase and sale agreement (not always).
Sometimes the MREO inspector also requires a certificate of deregistration, issued during the corresponding procedure earlier, as well as a title document - a purchase and sale agreement, which confirms that you are the owner of the car. It cannot be argued that such requirements are illegal, since the rules of procedure themselves are not spelled out anywhere in the 2021 legislation.
The application can be filled out using the sample recommended by the traffic police or independently, since this sample is recommended and not mandatory for use. And, besides, in it you will not find the state service for registering a junk car; you will need to enter it yourself.
- (DOCX format for filling out on a computer).
- (PDF format for filling out by hand).
Registration procedure
So it's quite simple:
- With the above documents, you come to the registration office of the traffic police where the car was deregistered for disposal.
- Sign up for the queue in the terminal.
- Submit documents and proceed to inspect the car on site to ensure that its technical condition and completeness comply with the tolerances of the traffic rules and technical regulations.
- After successfully passing the inspection, you receive a mark on acceptance of documents and wait for the result of the service or wait for the result of the service on the spot in the form of issuing a restored duplicate of the PTS, a new STS and license plates.
Something else useful for you:
- Does the car seller need to be present at the traffic police office when registering?
- How to remove a car from the traffic police register after sale through State Services under a contract?
- How to buy a used car legally?
Is it possible to register through State Services?
Unfortunately, there are no government services for restoring a scrapped car on the portal.
Is it possible to keep plates that have been scrapped with a car?
Yes. But only if you handed over the license plates for temporary storage at the traffic police, and the period of 1 year after disposal has not passed. Since this is exactly the period of time that the GRZ are stored, no more.
If these conditions are met, then in the application you need to indicate the issuance of a state registration mark, which is stored in the traffic police.
Refusal to restore
As we have already said, if you are denied the restoration of a car for recycling, then you need to know the reasons for such a refusal:
- if the reason is related to any documents, their absence, or the car has not passed inspection, then this is a separate topic for clarification,
- if you were told that it is impossible to restore a scrapped car for some other reason, then you need to receive a written reasoned refusal - the traffic police MREO must give it in response to the written application that you submitted at stage 3 according to the list above.
If they also refuse to provide written motivation, then they can and should be filmed. This will help when appealing the inspector's decision in court. Most often, at this stage, the employee leaves the procedure in force and accepts documents for reinstatement.
If they refuse in any case, all that remains is to sue. At this stage, there are no legislative prohibitions in 2021, if the refusal is indeed not motivated by anything or is motivated by an illegal transfer.
How to return a car from scrapping?
Buying a salvaged car can be quite pleasant - the prices for such vehicles are significantly lower than the market average. A vehicle is considered officially scrapped if there is a certificate of unsuitability for use, a certificate of the fact of scrapping and a statement from the owner that the disposal was done voluntarily.
Recovery steps:
- Finding the former owner of the car to begin the restoration procedure. Another option is to issue a notarized power of attorney by the former owner, which will allow you to do all the steps yourself.
- Writing an application to the traffic police department. It indicates the state number of the car and its make, year of production, body number and engine number. Additionally, they provide information about the details of the PTS, data on the power of attorney (if registration takes place through it). The statement also indicates the location (number of the State Traffic Inspectorate department) where the vehicle was deregistered and disposed of. Do not forget to attach the technical passport and state numbers to the document.
- Delivery of the machine for technical inspection. This is done with the help of a tow truck, since driving a scrapped car is prohibited. Even if it is in excellent technical condition.
- All that remains is to wait for the technical passport (PTS) to be issued in the name of the new owner.
After receiving the title, a sales contract is drawn up with the previous owner and the car officially becomes the property of the buyer.
Usually, re-registration of a car by the previous owner is faster than registration with a power of attorney from a notary.
You bought or sold a salvaged car – can it be restored without the owner?
And this depends on the buyer’s goal. Very often, such cars are taken for spare parts or for other purposes, rather than having their registration restored and driven on the roads.
If the buyer plans to restore a salvaged car, then this is a bad idea. The reason here again lies in the practice that has developed in 2021 - the traffic police very often refuse to register scrap cars, citing the fact that only the one who has submitted an application for deregistration in this regard is authorized to do this. Therefore, it is often impossible to actually restore a junk car without the owner.
The inspector’s logic here, as a rule, is clear - only paper documents remain in the MREO, and the date of the last registration is listed on the previous owner. And it is unknown on what basis the seller transferred the scrapped vehicle to the buyer.
It is very easy to understand why this is illegal: the basis for transferring a car is, as a rule, a purchase and sale agreement. And the current owner of the car without the previous owner has the right to restore the registration of a vehicle, regardless of who deregistered it. The law simply does not provide otherwise.
I bought a car and the title was scrapped, how to restore it - Territory of the Law
In fact, the car is not scrapped, but only deregistered, which makes it impossible to use. The natural question is: how to restore documents for a car after disposal and is this legal? Order of the Ministry of Internal Affairs of Russia dated 07.08.
2013 N 605 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for registration of motor vehicles and trailers for them” allows for such manipulations, provided that the car was not disposed of under the State program.
Who has the right to restore the registration of a car after disposal? According to current legislation, only the owner of the vehicle has the right to register a scrapped car with the traffic police department.
Is it possible to return the original license plate of a car after recycling? According to the regulations of the State Traffic Safety Inspectorate and the current legislation, after receiving an application for disposal from the owner of the car, the State Traffic Safety Inspectorate deregisters the vehicle, canceling the license plates of the car.
Important
How to register a scrapped car if there is no owner of the car? If for some reason you have at your disposal a car (purchase agreement, donation agreement and for other reasons) that has been deregistered by the State Traffic Inspectorate and you want to restore the registration, but for this you need the owner of the vehicle (who is entered in the title) , but you don’t know its location, then you won’t be able to return the car’s registration.
Restore a scrapped car
What to do if you bought a car and it's junk? When purchasing a used car, the car owner may find himself in a situation where, when registering or checking documents, he finds out that he has purchased a scrap car.
What to do in such a situation and how to avoid it? How not to buy a salvaged car? Having purchased a car secondhand and driven a sufficient number of kilometers on it, you may unexpectedly find out that you purchased the car as a scrap car.
This can happen if the car has been resold several times. Now it is possible to buy and sell cars along with license plates under an agreement written by hand and signed by the parties to the transaction.
» If, when purchasing a car, you did not register it on time, the previous owner, evading paying taxes and fines, may well write off the car as scrap.
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Source: https://legeterra.ru/kupil-mashinu-a-pts-utilizirovan-kak-vosstanovit/