What is the restriction on registration actions in the traffic police and how to remove it?

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Published: March 24, 2019

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When purchasing a car, a potential buyer may find that the car is subject to a registration ban. Is this circumstance something dangerous for the buyer? In what cases is this prohibition imposed? And how is the ban lifted? These issues will be discussed below.

• Prohibition on registration actions - what is it? Who can impose a ban?
• Who is lifting the restrictions?
• Arrest, ban and restriction - is there a difference?

Prohibition on registration actions - what is it?

A registration ban is an administrative measure according to which the car owner loses the right to any registration actions regarding the vehicle. The object of the ban can be either a car or a trailer. After the ban is imposed, a person can continue to drive such a car, but he cannot re-register it to another person (the rules are similar for a trailer).

A ban on registration actions is imposed if the driver fails to fulfill his civil obligations (late fine, refusal to pay alimony, etc.), as well as in the event of theft of the car.

Who can impose a ban?

The imposition of a ban is carried out only on the basis of a court decision or a special act - a resolution that is issued and stored in the Bailiff Service (FSSP). The following organizations may act as initiators of the ban:

• The courts themselves. Most often this happens in the case of resolving controversial issues that relate to the division and/or sale of property. For example, during a divorce, the car remained with the ex-husband, but the court ordered the ex-wife to pay certain monetary compensation - in this case, the court may additionally impose a registration ban on such a vehicle.
• Customs. If during registration a person does not pay customs duties, then these authorities can, through the court, impose a ban until the debts are repaid.
• Police. If the car was stolen, then it is quite likely that the thief will want to resell the car - to reduce the likelihood of such a transaction, the police may require the court to impose a ban.
• Traffic police If the traffic police inspector imposes a fine on the driver, and the driver evades paying the fine, the traffic police may go to court to impose a ban.
• Social services. If the ex-husband has a car, but he does not pay child support, then the mother can contact social authorities to prohibit her husband from registering.

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Who is lifting the restrictions?

After a ban is imposed through the court, the case is transferred to the FSSP. To lift the ban, the owner of the car must first fulfill his obligations, which he evades, and then the body that initiated the ban lifts it. For example, the measure in question was imposed due to a traffic fine - in this case, the person must contact the traffic police and make payment. Restrictions can also be lifted through the court (for example, if the ban was imposed by mistake).

Arrest, ban and restriction - is there a difference?

Remember that there is a difference between the seizure of a vehicle, a ban on registration and a restriction on property rights regarding a car. Main differences:

• The registration ban applies only to situations where re-registration of car documents is required. Even if the court has imposed a ban, the owner still has the right to drive the vehicle or use the car as collateral. Theoretically, such a car can be sold, although in practice it is unlikely that anyone will want to buy such a car, since it will not be possible to register it in their name.
• The restriction on the exercise of property rights only affects the possibility of transferring the car to another person. That is, you cannot sell such a car or use it as collateral.
• An arrest implies the removal of a car from use (most often, vehicles are confiscated in favor of the FSSP). If the court issues a seizure order, the person is deprived of all rights to the car, and the seizure can be carried out using compulsory measures.

Is it possible to lift the arrest if there is a court decision to collect the debt?

Citizens are often interested in: if they are found to be debtors by a court decision, how quickly will their property, including their car, be seized. It is worth noting here that if the court has not imposed measures to secure the claim, then the arrest will not be imposed very quickly: first, the claimant will need to obtain a writ of execution, which will then be sent to the bailiff service. Then the bailiff will initiate enforcement proceedings and send a resolution to impose a ban on registration actions to the traffic police. And only after these procedures will the vehicle be seized.

Moreover, there are ways that can help you avoid having your car seized. So, if a court decision is made to recover some money, you can apply for a deferment or installment plan for the execution of the court decision. If the dispute was between legal entities and the decision was made by arbitration, then you need to pay attention to in what cases a deferment of execution of the decision of the arbitration court is granted - this has its own nuances.

ATTENTION: watch the video on protecting the rights of the debtor in enforcement proceedings, do not forget to subscribe to our YouTube channel so as not to miss the advice of a lawyer:

How to check a car for restrictions?

Information about the ban is stored in the traffic police database, and you can check this information using the traffic police website or the FSSP. Below we will look at these verification methods.

Check through the traffic police website

The check is carried out like this:

1. Open the traffic police website, select “Services” and “Car check” or follow the direct link https://gibdd.rf/check/auto.

2. Enter the vehicle’s VIN code, select “Restrictions” and click the “Request Verification” button. Wait for the operation to complete.
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3. If there is a ban, then a special window will pop up, where all the basic information about the ban will be indicated (the basis for imposing the ban, the court order, the name of the bailiff, and so on). If there is no prohibition, a window will pop up indicating that the relevant information was not found.

Check through the FSSP

You can also check the information through the Bailiffs website:

1. Open the FSSP website, select “Services” and “Bank of Production” or follow the direct link https://fssprus.ru/iss/ip.

2. Enter your region of residence, full name and date of birth, and then find the “Find” button. At the end, a window will open in which it will be indicated whether the machine is prohibited or not.

3. Using the FSSP website, you can also find out the details of the ban: to do this, through the traffic police website, find the resolution on imposing restrictions and copy the resolution number - then in the search menu on the FSSP website, select “Search by individual entrepreneur”, insert the resolution number and click the “Find” button "

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How to find out if there is a ban on car registration

Nowadays, when purchasing a car, most buyers know that it is best to check the car before concluding a contract. This can be done by providing official information from the traffic police database. On our website you can find out how to check a driver for fines and a car via the Internet. On the State Traffic Safety Inspectorate website, using the “Check Restrictions” service in the “Checking Cars” section, you can find out whether there is a ban on registration actions. You can get the information you are interested in by knowing the VIN or body number of the car.

Checking through the traffic police website is the most informative. Indeed, in relation to the previous owner or the owner of the car you are interested in, orders banning the registration of the car could be issued by bailiffs of different constituent entities of the Russian Federation. On the official website of the Federal Bailiff Service for the region you can find out in more detail why exactly the ban was applied and the amount of debt.

Please note that it will be possible to lift the ban on vehicle registration only if each such ban has a document confirming its removal.

How to remove the ban?

To remove the restrictions, you must fulfill your obligations, evasion of which served as the basis for imposing the restriction. In general, the algorithm is like this:

• Find the ruling. This can be done using the traffic police or FSSP website (we discussed this issue above). You can also submit a request through a personal visit to the MREO.
• Read the resolution to find out what served as the basis for the ban. If you do not agree with it, then collect documents and go to court to protect your rights.
• If you agree with the resolution, then you must fulfill your obligations, which you are avoiding. For example, you still have a traffic fine - in this case, the fine must be paid off.
• After paying all fines, you need to contact the authority that initiated the ban. You need to submit an application to this body with a request to cancel the registration ban (you also need to take your passport and documents for the car with you). As a result, you should be given a decree to lift the ban.
• In some cases, at the end you should also submit a copy of the decision to lift the ban to the FSSP.

How to remove the ban on vehicle registration?

If, after the purchase, the new owner finds out that his movable property has been subject to a ban on car registration, then there are two main ways to lift the ban:

• Resolve controversial issues with the organization that initiated this restriction.
• Resolve the issue in court.

Let's consider each of the proposed options to choose the optimal solution in a particular case.

Voluntary settlement of the issue with the organization that banned the registration of the car:

• Check with the traffic police officer to clarify the government agency that issued such a decision. The inspector will issue a copy of the Decree containing all the necessary data.
• Visit the organization and find out at what stage the case is being considered, as well as what actions the employees plan to take.
• Contact the former owner (debtor) as quickly as possible and resolve the issue of repaying his debt in a short time.
• After resolving controversial issues and paying off the debt, representatives of the government agency issue a resolution to lift the ban on registration. The document should be immediately submitted to the traffic police.

IMPORTANT One
should not hope that the decision to lift restrictions will be transferred between the two government services in a short time. Experts recommend handing it over to a traffic police representative yourself. If a civil service employee refuses to hand over the original document to the owner, you should ask for a copy of the resolution and come to the traffic police with it.

If you become the owner of a vehicle with a registration ban, then the algorithm of actions includes legal proceedings. To do this, you need to prepare a package of documents, which includes:

• A completed vehicle purchase and sale agreement.
• PTS.
• New owner's passport.
• A copy of the resolution banning registration actions.
• A properly completed application to the court. You can fill it out in advance and use the help of a qualified lawyer. Or you can fill it out directly in court on the day you submit the documents.

For information
Judicial practice states that in most cases the decision is made in favor of the new owner and all restrictions on registration actions are removed from the car. At the same time, the ban will be imposed on other property of the debtor.

The new owner will be given a copy of the court decision, and will also be required to visit the FSSP and request official confirmation of the termination of enforcement proceedings and the removal of all restrictions. The documents must be handed over to the traffic police officer so that appropriate changes can be made to the database based on them.

on lifting the ban on car registration.

Is it possible to sell a car that is banned?

Yes, you can sell a car with a ban, but in practice this makes little sense. After all, the new owner will not be able to re-register the car in his own name until you lift the ban, and the new owner will not be able to drive the car without registration. Therefore, it is unlikely that anyone will want to buy a car that they cannot drive. Selling a car with a ban is also stupid because transport taxes and fines will be paid to the old owner.

How to remove the ban in case of sale?

The procedure here will be standard - search for a resolution on the traffic police website, pay fines, receive a paper on lifting the ban, transfer information to the FSSP, and so on. Please note that the driver must deal with all these matters, however, if a power of attorney is concluded, the buyer can also be involved in lifting the ban.

Is it possible to buy a car with a ban and why?

Are there cases when it is possible to use a seized car, and is it possible to buy a car under a registration ban? You can buy such a car, but you cannot drive it until all obligations to the state are fulfilled and the ban on its registration is legally lifted.

If you buy a car with a ban on registration, then you should be prepared for the following consequences:

1. You can't drive a car like that.
2. You cannot register with the traffic police. It is not possible to deregister by the previous owner.
3. As the owner of a car, you cannot buy an MTPL policy. You can only be entered as a driver.
4. The transport tax will still be calculated in the name of the previous owner.
5. If the new owner of the car continues to drive the purchased car, and this fact is registered by the traffic police service, then the real owner (seller) will be required to pay all fines.

Important! Fines and the assessment of transport tax can be appealed through the courts on the basis of an existing purchase and sale agreement. In this case, it is very important that the transaction is not carried out under a general power of attorney. Because a general power of attorney does not have proper legal force in court.

Does it make sense to buy a car with restrictions?

It is not recommended to buy a car with restrictions, since you will not be able to re-register it in your name until the former owner removes the restrictions. Since re-registration is not available to you, you will not be able to obtain a license for the car, so you will not have the legal opportunity to drive the car. Actual driving of such a car is equivalent to driving a vehicle without documents, for which a fine and suspension from driving followed by evacuation are provided.

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There is a limitation on the car - what can you do with it?

The ban on registration actions only applies to actions related to the re-registration of a car to another person. Therefore, a prohibited driver can drive a car, transport goods, take out insurance for a vehicle, buy other cars, and so on. However, please note that in the future the FSSP may take more serious measures. For example, in the case of a large outstanding fine, the bailiffs may additionally issue an order to seize the car - in this case, the person will be removed from driving and the car will be confiscated.

Is it possible to drive a car with a trailer that is restricted?

Yes, you can. If a registration restriction is imposed on a trailer, then the same rules apply as in the case of a car (you cannot re-register the trailer, but you can operate it in any way). There are no penalties for this.

Is it possible to circumvent the law if the car is seized?

If the FSSP has made a decision to seize the car, but the confiscation has not yet occurred, then you can use one trick - when searching for cars, traffic police officers use a database that applies only to the current region, and information from other regions is not available to them. For example, a car is registered in the Leningrad region, and a traffic police inspector stopped you on the road in the Moscow region - in this case, after a check, you will be released, since the check will show that you are clean before the law.

Conditions for imposing a ban on removing and registering a car

Attention
The ban on vehicle registration implies that the owner cannot dispose of movable property at his own discretion. Consequently, it will not be possible to sell or donate your car, because the new owner simply will not be able to register the vehicle. However, using a car for personal purposes to move, transport people and goods is not prohibited. This right is regulated by Federal Law 229, issued on October 2, 2007.

If, for any reason, a registration ban has been imposed on the vehicle, the owner does not have the right to:

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• Register or deregister the car at the traffic police department.
• Make changes to the PTS and STS related to the change of owner.
• Replace license plates.
• Submit an application to make changes to the traffic police database related to the change of owner.

The owner of the car can not only use the vehicle for personal purposes for movement and transportation of passengers and cargo. But also to draw up a lease or sublease agreement in order to obtain material benefits.

IMPORTANT

A ban on registration actions is imposed if the car is the subject of a dispute, is involved in a criminal case, or there is a need to preserve it as property until inheritance or the end of the trial.

What should I do if I have paid my debts, but the ban is not lifted?

According to the law, after paying debts, the ban must be lifted within 3 days, excluding weekends and holidays. If this period has passed and you are still listed in the debtor database, then you should write a complaint and send it by mail to the traffic police and the FSSP. If nothing has changed after filing a complaint, you need to go to court.

Is it possible to speed up the lifting of the ban?

It is almost impossible to speed up the lifting of the ban. However, you can speed up the time for submitting complaints - to do this, you do not need to send the complaint by mail, but hand it over in person to the traffic police and the FSSP.