In order to encourage vehicle owners to quickly eliminate all violations, pay debt on fines, or perform other obligations, a ban on the car registration is introduced. This measure temporarily deprives car owners of the right to reissuate the vehicle. Thus, to make a car for yourself, you have to shoot this restriction. Thus, the car purchase / sale transaction can be postponed indefinitely, or do not take place at all. What is the ban on the registration of the vehicle, and how to get rid of it, we will tell below.
Content
- What is a ban on car registration
- Who can impose a ban on car registration
- Causes of prohibition
- Can the owner of the car with the ban ride on it
- How to remove the ban on the registration of the car
- What difficulties may occur when removing the ban on the car registration
- As when buying a car, check whether the car does not have a ban on registration
What is a ban on car registration
First of all, it is necessary to find out what the concept itself is. So, as already noted above, a restriction for registration is a measure that should motivate vehicle owners to solve problems with government agencies. A person on whose vehicle was superimposed this restriction, it can use their car, but it is not fully disposed of.
Most of the law-abiding and responsible car owners will not sell their cars if they are "hanging" penalties to state bodies or debt to other people. Before buying a car "with hands", it is strongly recommended to check it for a registration ban. There are far from the cases when after buying a car, a new happy owner suddenly finds out that at the moment it cannot request her for himself. Of course, you can buy a car and banned, and not even one. In this case, the car does not reissue, but do general power of attorney in the notary. Such cars are somewhat cheaper, but there is not all simple, and there are substantial risks associated with the most power of attorney. Among other things, in the end, the car will have to reorganize that it will turn out the owner in a round sum, the mass of the time spent, nerves and efforts associated with the removal of the ban on the registration of the vehicle.
In principle, not everything is so scary, and the ban, in principle, can not be very afraid if the exact cause of its imposition is known. Of course, before buying it is necessary to ask the owner. It is possible that the reason for the prohibition and it can be removed quickly, without any particular difficulties and financial costs. If the cause of the imposition is more serious, for example, a dispute for the rights of ownership of the vehicle, then the purchase is better to refuse.
Who can impose a ban on car registration
Such a decision can take the following instances:
• Court - in connection with the presence of fines, disputes about property, debts, etc.
• Customs - in case of deliberately false or inaccurate data on the vehicle.
• Investigative bodies of the traffic police - in case the car is wanted, or the details do not comply with the documents.
• Other organs of the Russian Federation.
Thus, the number of organizations possessing the authority of the prohibition imposition is not so small. This means that the number of reasons for the ban on registration is appropriate - this can be a property dispute, violation of the rules of customs clearance, non-taxes, deposit, fines, etc. After a decision was made to impose a ban, any registration actions with the vehicle are prohibited until the moment of removal. Restrictions can be canceled only on the basis of an appropriate document from the body that imposed them. Thus, if the car was imposed, for example, two prohibitions, then two documents will also be needed for their cancellation, each of which will confirm the abolition of one ban.
Why traffic police does not have the right to register a car with an overlay ban
The right to impose a ban on vehicles and other property is provided for by the law "On Enforcement Procedure" in accordance with the current registration rules, namely, paragraph 3 of the order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001 (with measurement of 02/13/2015) "On the registration procedure of registration Vehicle":
"Not subject to registration in the traffic police and do not carry out registration actions with vehicles on the following grounds: the presence of prohibitions and restrictions on the commission of registration actions imposed in accordance with the legislation of the Russian Federation."
Causes of prohibition
The most common reasons for the prohibition of a vehicle registration:
• Unpaid fines for traffic violations.
• Transport tax debt.
• Marital disputes in the broken-separation process.
• Missing tablets on auto units with documents.
• Debts to the bank.
• Disorders when importing cars from abroad.
• Violation of civil or criminal code.
• Debt on alimony and utilities.
To impose a ban on the registration of the car, in most cases it is necessary for the appropriate court decision.
Can the owner of the car with the ban ride on it
If a ban is imposed on the vehicle, its owner has the right to ride him freely. The prohibition applies solely on the procedures that relate to the alienation of property. Thus, if the car with the ban still managed to sell, then his new owner has no right to use the vehicle, since according to the rules, he must put it on accounting for 10 days after purchase, and with the current ban it does not It turns out.
How to remove the ban on the registration of the car
In spite of everything, on cars, which is imposed by the ban is quite often for sale, and the new owner learns about "surprise" only in the traffic police department when attempting the car registration. How to remove a ban on registration in such a situation? You can eliminate vehicle restriction measures in two ways: to obtain documents for removing the ban from the organization of the imposed prohibition, or to remove the prohibition with the help of a court decision. The first way is easier and will take much less time than the trial.
To begin with, it is necessary to find out which organization put a ban. To do this, it is necessary to personally contact the traffic police or visit the official website of the organization, after which contact employees for obtaining explanations on the current problem. Employees of the traffic police are obliged to help with the provision of complete information, as well as copies of the ruling on the imposition of a ban on the car registration.
After familiarizing with the document and clarify the reasons for the imposition of restrictions, it is necessary to contact the owner of the car. If he agrees with the decision, then it is necessary to eliminate its reasons for as soon as possible - pay a fine, pay off the debts, resolve the issue with violations, etc., after which it is to receive a document confirming the abolition of the ban.
When, according to the owner of the vehicle, the ban was imposed unreasonably, the question of his cancellation should be solved in court. If there are no complaints from the car owner, then you need to contact the traffic police authorities with a document confirming the abolition of restrictions. Quite often, the documentation that confirms the abolition of the ban on registration, goes to the auto inspection with a large delay, so the solution is better to deliver personally - this will allow to cancel the ban as quickly as possible.
The second way to cancel restrictions is to contact the court. Most often, this method is used by car buyers who do not have the opportunity to contact the former owner of the vehicle.
For registration of the claim, you must submit the following documents to the court:
• Passport.
• TCPs with all those entered when buying auto changes.
• Treaty of the sale of vehicle.
• A document in which the reasons for the prohibition is indicated. You can get it from traffic police.
• Receipt of the payment of state duty.
Such cases can be considered months, but if you manage to achieve a positive solution, the purchased vehicle can be registered, as the ban will be translated into another property of the former owner. If the ban put the customs, you need to figure out the reason and eliminate it as soon as possible. Most often, the customs service decides on the imposition of restrictions on the use of a "gray" auto-car import scheme.
When the ban was imposed by the Distribution Division of the traffic police and is associated with the fact that the number of auto aggregates cannot be read, or they do not coincide with the documents, then in this case it is possible to resolve the inspection. In addition, documents that will confirm the replacement of some numbered unit can be submitted to the Avtoyspection.
The harder to remove the ban, if it is associated with the protection of minor children. In this case, the restrictions are superimposed by the social protection bodies and can act before reaching a child of 18 years. It is possible to remove such a ban by a court decision or to provide a child to the property another equal to the value of the property.
What difficulties may occur when removing the ban on the car registration
It should be noted that some prohibitions are entered into the traffic police database immediately directly, without documents. Such prohibitions are also annulled directly, to submit documentation with a decision on the abolition of a prohibition in the traffic police do not need. However, there are cases where such prohibitions remain in force, despite the fact that bailiffs sent a message to the auto inspection database. The reason may be the discrepancy of details. For example, after the restriction was imposed, the vehicle was re-registered. At the same time, details were changed, registration certificate, etc. To solve such misunderstandings, you need to contact the department of the traffic police at the place of registration of the car, or to the department of information support of the traffic police of a particular subject of the Russian Federation.
As when buying a car, check whether the car does not have a ban on registration
There are several ways to check the car for restriction on registration:
Through the bailiff service. In this case, the buyer of the vehicle personally refers to FSSP. Bailiffs will be submitted on request all the necessary information. The applicant must receive an answer in writing. All prohibitions and restrictions must be specified in the document, as well as the reasons for which they were imposed.
Through the traffic police department - personal appeal. In this case, it is also necessary to create a written appeal. After the message is received by the employees of the auto inspection, they formulate the answer and send it to the sender.
When drawing up a request in the document you need to specify such information:
• Body number.
• Engine number.
• VIN code.
• Car brand, state number.
Based on the information provided, the employees of the auto inspection check the car for restrictions. Methods for filing a request may be different. So, legislative norms provide for, for example, sending a request by mail. True, in practice, this method is extremely rare.
Not so long ago, another option appeared: online checking through the traffic police. Autospace, like most state organizations, has its own website. To check the car, you need to fill in a special form in the "Services online" section.
Here you need to use the "Car Check" button. Next, go to the page "Testing a vehicle" on which all types of checks are located: on the participation of the vehicle in an accident, finding wanted, the history of registration in the auto inspection, and for the presence of prohibitions and restrictions.
For the beginning, you need to enter a vehicle identification number (VIN), then click on the "Request Check" button.
After that, we enter the digits of the Capps from the picture, which will be given the system. If there are prohibitions, you can contact directly into the traffic police station at the place of registration of the car, and get all the necessary information about what and for which limitations were imposed. If the answer does not contain all the necessary information, you need to contact the organization that has imposed prohibition.
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