Domestic motorists easily removed from the register of their vehicles in order to minimize the tax on the car. This measure allowed them to significantly save money at the time when a long period of downtime without maintenance was taking place due to various life circumstances.
Однако, за последнее время осуществлялось достаточное количество изменений законодательства, и не все водители теперь знают, Is it possible to register a recycled car?. Особенно эта проблема острая в регионах, где недобросовестные инспекторы отказывают автовладельцу в этой процедуре.
Content
- 1 Causes of traffic police failure
- 2 Recovery procedure
- 3 How is the recovery and return numbers
- 4 No owner of the car
Causes of traffic police failure
The reason for the controversial decisions of law enforcement officers was the Regulations of the State Traffic Police. Referring to this document, the inspectors did not proceed to the legal resuscitation of cars.
You need to know that by the decision of the Supreme Court of the Russian Federation, traffic police officers are obliged to carry out registration records of recycled cars.
Controversial issues began when Order of the Ministry of Internal Affairs No. 11/24 November 24, 2008. В этом документе существует пункт 13, определяющий алгоритм, how to recover recycled car. По информации из текса ясно, что регистрация утилизированных машин, выполненная на основании заявления собственника, не осуществляется.
The traffic police, referring to this point, stopped at that time to carry out legal resuscitation. After all, the deregistration of car owners could be carried out for various reasons. Some drivers tried to sell the car for parts, as in some cases with damaged cars it was the only opportunity to return at least part of the funds for the car. However, after unsuccessful attempts in certain cases it was necessary to restore the registration, if the spare parts were not in demand.
Later, in 2013, the term “deregistration” was removed from useconcerning the territory of the country. This was done on the basis of the new traffic police regulations. It was possible to carry out such an operation only during a purchase / sale transaction with the export of a car outside the Russian Federation.
As compensation, car owners were offered a simplified procedure for re-registering a car upon purchase. But now the situation in which the driver will not pay transport tax was excluded.
Departure from payment earlier committed for such reasons:
- seasonal or rare use of the vehicle;
- non-operation of the car with long-term deprivation of the right to drive a car;
- the car has long been in disrepair without operating.
Under the new rules, these positions are now closed, and it will not be possible not to pay on this basis.
Out of this situation, enterprising drivers have noticed in temporary disposal. To do this, the cancellation of accounting. The Ministry of Internal Affairs of Russia has also revealed this not the most conscientious method. With his Order No. 1001 in law enforcement, they also suppressed these situations.
The owners of the cars, who applied to the Supreme Court of the Russian Federation, continued the fight for their rights. The result was The decision of the RF Armed Forces № AKPI13-1251 from 06.03.2014. According to the latter, the controversial point number 13 in the Order of the Ministry of Internal Affairs is canceled. After that, the question of whether it was possible to drive a recycled car after it was restored became irrelevant.
You need to know that the cancellation process is carried out on the basis of a statement from the owner of the vehicle, while subsequently the car may not be disposed of, as the plans of the owner may change.
The definition of a “recycled car” can be found in the letter of the Russian Ministry of Internal Affairs No. 13 / 5-229 dated October 18, 2011. This car is considered only after physical disposal, which is further confirmed by the relevant official document on the dismantling.
Recovery procedure
To put the car on the account after it was issued for recycling, you need to follow the standard procedure provided by the internal affairs bodies. In this case, you will need the following documents:
- A sample application to the traffic police registration subdivision;
- civil passport of the vehicle owner;
- vehicle passport;
- if there is, then a vehicle registration certificate is submitted;
- insurance policy CTP;
- confirmation of payment of state duty in the amount of 2000 rubles.
The vehicle must be recoverable after disposal. He is examined by the appropriate traffic police officer. Check license plates, data on the number of the body, carried out all the necessary actions.
You need to know that the application to the traffic police can be carried out remotely using the portal of state services.
As a result, the applicant will be assigned the day and time of admission.
How is the recovery and return numbers
To submit an application, it is necessary to maintain strict regulations, because it can only be submitted by the owner of the vehicle. If the initiator of the restoration is a third party, then you will first need to find the real owner.
See also: What is a vehicle registration certificate?To facilitate the situation when the “old” owner does not have the opportunity to be personally present in the traffic police, a power of attorney for restoration will help. The document must be notarized. Only after the renewed registration can you sign an agreement on the purchase / sale of a restored car. The contract is provided in the traffic police to change the owner.
You need to know that if the contract of purchase / sale of recycled cars is signed before the restoration of the registration of the car, then it has no legal force.
It is necessary to observe this procedure in order not to create legal problems in the future.
Under the current regulations of the traffic police during the disposal procedure, all license plates must be removed from the vehicle. This is done after the owner registers his application. Accordingly, no restoration of the old license plates will not work. At re-registration new state numbers will be issued.
No owner of the car
If there is a vehicle owner, the number of problems is significantly reduced, but if it is not possible to invite the former owner for restoration, then it is necessary to act differently.
It is unlikely that a stranger alone will be able to find out the address or other information about the former owner of the car. To restore the car, you can use one of the options:
- Make a statement on which will look for the previous owner of the car, and submit it to the traffic police. To the address at which the car owner was last registered, you will need to send a telegram. The text of the message indicates the information that you have found (necessarily in such terminology “found”) a car. After that, law enforcement agencies will contribute to the restoration of cars.
- In the absence of a response to the sent telegram for a long time or the inability to locate the owner with the help of the Ministry of Internal Affairs, the future car owner has the right to file an application to the court. The document indicates the request for recognition of the holder of the ownership of the car.
Traffic police should conduct an investigation for six months. After 6 months of unsuccessful searches, the judicial authorities are able to recognize the applicant as the new owner. On the basis of this decision, the car is re-registered.