How to cancel a fine from the camera of a sold car
How to appeal a fine from a camera if the car is sold?
Nowadays, there are quite often cases when the former owner of a vehicle receives orders imposing a fine on him for traffic violations involving a car that previously belonged to him.
A similar situation may occur due to the fact that the new owner of the car did not timely re-register it with the traffic police.
The result is a situation where decisions to impose a fine come to a person who is not actually the owner of the vehicle, and therefore cannot be held accountable for illegal acts in which his former car was involved.
All this happens due to the fact that the new owner of the vehicle, in violation of the current legislation of the Russian Federation, did not timely re-register the car in his name, due to which the previous owner is listed as the owner of the vehicle in the traffic police database.
How to challenge a fine from a camera if the car is sold
Such situations occur with enviable regularity. The current legislation of the Russian Federation allows the owner to sell his car without first deregistering it with the traffic police.
It is enough to simply sign three copies of the vehicle purchase and sale agreement, which can be drawn up either in notarized or in simple written form, make the appropriate notes in the title, and the car will cease to be your property.
The purchase and sale of vehicles occurs according to the above scheme, regardless of where the seller and buyer live.
The new owner has the right to register the vehicle that has come into his possession with any territorial division of the State Traffic Safety Inspectorate.
At first glance, it is very convenient. But it should be remembered that in accordance with the current legislation of the Russian Federation, for committing offenses in the field of road traffic, if the offense was recorded by means of automatic photo and video recording, it is not the person who was driving the vehicle at the time the offense was committed, but its owner.
That is why, until the new owner re-registers the car in his name, protocols on the imposition of a fine will be drawn up in relation to the previous owner of the car. Please note that the new owner must re-register the car within 10 days from the date of purchase.
How to avoid such a situation?
If you are selling your car, then after signing the contract for its sale, you and the buyer should contact the traffic police authorities and personally be present during the procedure for registering the car.
Only by personally making sure that the car is re-registered to the new owner can you be sure that a report will not be drawn up against you for the offense he committed.
But what if you didn’t follow this advice and found a fine in your mail? In this case, you have one option - to appeal the received decision.
For this purpose, contact the territorial body of TsAFAP ODD with a complaint, detailing the reasons why the fine imposed on you is unlawful. In our case, this reason is the sale of your car. The application must be sent by registered mail, with acknowledgment of receipt, attaching a copy of the purchase and sale agreement.
You are given only 10 days to appeal the decision to impose a fine. The calculation of this period begins from the day you receive the decision.
If, for some good reason, you did not have time to appeal the decision within the period established by law, before filing a complaint against this decision, you will need to file a petition to restore the deadline you missed. Please note that the address of the territorial body of the TsAFAP ODD is usually indicated on the resolution imposing a fine on you.
You can appeal the decision to impose a fine on you in the courts, but this will take much more time than appealing it to the traffic police.
What to do if, after the 10 days established by law, the new owner of the vehicle did not bother to re-register it? In this case, you need to contact the traffic police and submit an application to terminate registration.
When the ten-day period established by law expires, during which the new owner was obliged to re-register the purchased car in his name, come to the traffic police and check whether they have the relevant changes in their database.
If you are still listed as the owner of the sold car in the traffic police database, immediately submit an application to stop registering it.
In this case, the state registration numbers installed on your former car, as well as documents for it, will be put on the wanted list. If necessary, vehicle registration can be renewed at any time.
It is worth remembering that you have 60 days to pay the fine from the moment the decision to impose it comes into force.
After the expiration of the period allotted for you to pay the fine, the traffic police will discover that you have not paid it, and within 10 days, they will send a copy of the protocol imposing a fine on you to the Federal Bailiff Service.
From this moment on, this organization will be in charge of collecting fine debt from you. Simultaneously with the transfer of materials to the FSSP, another administrative case will be initiated against you, based on the first part of Article 20.25 of the Code of Administrative Offenses of the Russian Federation.
For committing an unlawful act provided for by the first part of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, the following penalties are established:
- You may be subject to a fine that is twice the amount of the fine that you did not pay within the period established by law. In this case, the amount of the double fine will be at least 1000 rubles;
- you may be subject to administrative arrest for up to 15 days;
- you may be required to perform compulsory work for up to 50 hours.
It is worth noting that starting from November 15, 2014, citizens who have committed a traffic violation that was recorded by means of automatic photo and video recording cannot be subject to administrative arrest.
They face either having to pay an additional double amount of the fine, or being subjected to compulsory work for up to 50 hours.
Is it possible to challenge a fine from a camera? Read here.
Decided not to pay after a court decision?
Refusal to pay a fine after the decision to impose it has been appealed by you in court and remains the same, may lead to the fact that your property will be described, and part of it will be seized for further sale in order to cover your existing debt.
In addition, if the amount of your fine debt exceeds 10,000 rubles, you may be prohibited from traveling outside the Russian Federation.
Some citizens deliberately avoid receiving orders sent to them imposing a fine, or simply do not live at their official registration address.
Many people believe that if they do not get a decree, they will be able to avoid paying a fine. But this is a huge misconception.
The reality is completely different. If you do not promptly receive a decree in the mail imposing a fine on you, it will be sent to the sender, and from the moment it is returned to the traffic police, the decree, no matter how strange it may be, will be considered handed to you! It is from the day of his return to the traffic police that the period for his appeal, and then payment, will begin to count.
No matter how strange it may seem, this is the norm of the current legislation of the Russian Federation. In addition, starting from November 15, 2014, if you were careless to register on the government services portal, then the protocol imposing a fine on you may not even come to you by mail, but to the personal account that you created on this portal. In this case, the resolution will be sent to you in electronic document format.
Is it possible to pay a fine for a sold car?
You can avoid paying a fine for a sold car only if you manage to appeal its imposition in accordance with the procedure established by law.
If you simply refuse to pay the fine imposed on you, citing the fact that at the time of the commission of the offense for which it was imposed, you were no longer the owner of the vehicle, then you may be held administratively liable for evading punishment.
If, within the period established by law, you do not appeal this decision or do not pay the fine, then the bailiffs will deal with the issue of its collection, and you will have to bear additional punishment.
Based on this, do not under any circumstances ignore the decision to impose a fine on you. Having immediately received it and realized that there are no legal grounds for bringing you to administrative responsibility, start appealing it.
Consequences of failure to pay a traffic fine
In accordance with the current legislation of the Russian Federation, a citizen on whom one or another administrative fine has been imposed is obliged to pay it within 60 days from the moment the resolution on its imposition enters into legal force.
Please note that the resolution comes into force 10 days from the date it is received by the citizen. This ten-day period is given to begin the procedure for appealing this decision. If payment is not received within the period established by law, the case will be transferred from the traffic police to the FSSP within 10 days to carry out the enforcement procedure.
In this case, administrative proceedings will be initiated against the citizen under the first part of Article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Based on the above-mentioned legislation, you may suffer one of the following penalties:
- imposing a fine equal to twice the amount of the original fine that you did not pay on time;
- administrative arrest for up to 15 days;
- involvement in compulsory work for a period of 50 hours.
However, if the decision to impose a fine on you is based on materials obtained from automatic photo and video recording of offenses, then they will not be able to arrest you.
It should be emphasized that if you are brought to administrative responsibility for evading payment of a fine, this will not relieve you of the obligation to repay the debt under this fine.
If, even after the court’s decision, you continue to evade the well-deserved punishment, the bailiffs will seize your property in order to forcibly collect the amount of debt. In addition, if your debt exceeds 10,000 rubles, your right to travel outside the Russian Federation will be limited.
In the event that you knowingly or for reasons beyond your control did not receive a decree imposing a fine on you, this will not relieve you of liability.
The calculation of all deadlines will begin from the moment the decision to impose a fine on you is returned to the TsAFAP ODD and, thereby, will be considered served.
Also, if you are registered on the State Services portal, then the decision to impose a fine on you must be looked for in your personal account, where it will be sent in electronic document format.
The car has been sold, a fine has been received - how to cancel fines for a sold car?
You, as the seller, are the owner of the car until you conclude a purchase and sale agreement and sign the car delivery and acceptance certificate (but the latter is not required). The problem here is that you will be listed as the owner in the traffic police until the buyer re-registers the car in his name. And, since you are the owner, then you will receive fines from cameras for the sold car. But is this legal?!
Fines for a sold car - what does the 2019 law say?
Let's start with what fines are for a sold car! These are essentially fines from cameras that automatically record violations. In general, regulations are never issued for a car - it cannot violate traffic rules; the driver, owner or proprietor does. But there is an article in the Administrative Code that, regardless of who was driving, gives the right to hold the owner of the vehicle accountable in cases where the violation was recorded on camera.
The second subtlety of the traffic rules (more precisely, the Civil Code) is that we have already sold the car, and therefore we are not the owner. But the traffic police thinks differently - it is from the database of the State Traffic Inspectorate that data about the owner of the car is taken on the question of where and to whom to send a “chain letter”.
And the traffic police will not find out about the change of owner until the buyer deigns to apply for re-registration of the car to the traffic police. Only after this the fines will begin to arrive where they need to go – to the new owner.
What is the problem?
The very essence of the flaw in the law, which allows for the fact that a fine comes on a sold car, consists of the buyer being able to re-register the car only within 10 days after purchase, and before that he can drive around and catch fines, which will come to you as a seller.
This is, of course, wrong. And the law in force for 2019 thinks the same.
Who legally owns the fines for a sold car?
Of course, these fines belong to the buyer. The thing is that ownership of the car is transferred not at the time the buyer registers it with the traffic police, as many mistakenly believe, but at the date and time of the conclusion of the purchase and sale agreement.
It is immediately after this date and time that the car belongs to the buyer. And fines from her too.
Article 2.6.1 of the Code of Administrative Offenses states that in case of auto-fixation of violations, fines go to the owner. This means that all these fines for the sold car are “ not ours, but yours ” ©.
It’s just that since the car has not yet been registered with the traffic police by the new owner, how do they know about the existence of a purchase and sale agreement?!
If you do nothing and forget about the fine
No, in this case it will not be automatically transferred to the buyer immediately after he re-registers the car to himself. Unfortunately, as of 2019, the traffic police does not have such a practice at all.
But what then to do with all this?
Important note!
- This article provides basic information, but each case is different.
- In 92% of all situations there are important nuances that can affect the outcome of the entire case.
- An experienced lawyer will study all the materials of the case and indicate in which direction to move.
Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.
or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).
Terminate vehicle registration
No, this will not transfer the penalty to the buyer in cases where the car is sold. But by doing this you will solve the root of the problem - inform the traffic police that the new owner of the car is now a different person. And from now on, fines for the sold car will come to him or her.
By the way, car enthusiasts often call this process “deregistration.” This is not true. For 2019, a car can be deregistered only in 3 cases:
- during disposal,
- upon loss,
- when exported abroad.
The car remains registered with the traffic police. The owner just changed. This means that we need to perform a registration action - stop registering the car for ourselves. This can only be done on the 11th day after the date in the contract, since according to the law, within 10 days after the purchase, the new owner still has the right to drive without registering in his name.
To do this, you need to contact the traffic police (any, not necessarily at your registration address) and you will need the following documents:
- a sales contract signed by both parties to the transaction and confirming that the car for which the fine was received has been sold,
- passport,
- application for termination of registration.
How to remove a fine on a sold car?
To do this, we will have to appeal the fine. And in fact, everything is very simple here! We just need to remove the fine for the sold car from ourselves and make sure that it is assigned to the legal owner of this fine - the buyer.
Important condition: you can remove the fine from yourself and transfer it to the buyer only within 10 days after receiving a copy of the decision on the violation. Missing this deadline deprives you of the right to appeal. Only in rare cases can this period be restored upon request and for valid reasons.
So, let's look at step-by-step instructions on how to remove the sanction from yourself.
Cancellation of a fine if the car is sold - instructions
As we mentioned above, we need to appeal such a fine. The maximum distance you will need to travel for this is to the nearest post office (but if you wish, you can also go to the traffic police or the district court office).
To appeal you will need the following:
- a copy of the purchase and sale agreement to confirm that the car was sold and the fine was issued to you illegally (a copy with the original signatures of the parties is highly desirable, but in the absence of one, you can send a copy),
- an envelope, a form for listing the attachments (issued by mail), if you will appeal by mail,
- a copy of the decision that came to you by mail.
The address of the traffic police department where the complaint is being filed is written on the back of the copy of the resolution with the fine that was sent to you by mail.
Next, the completed complaint must be placed in an envelope and sent by registered mail with a list of attachments by mail. Receipt of delivery is not required. The date of filing the complaint will be considered to be the date the letter is sent, and not when it reaches the addressee, so do not worry about missing the 10-day appeal period.
Based on the results of consideration of the complaint, you will receive a decision to cancel by mail.
If the purchase and sale agreement is lost
In this case, it will not be possible to appeal the decision based on changes in the owner’s data. And there is a way out, but it is illegal. You can deregister a car on the basis of its loss (just not disposal, since in this case a certificate of disposal will be required in 2019).
This is illegal because the car is not actually lost - its owner has simply changed. And you will cause problems with registration for the new owner. Therefore, we strongly recommend that you contact the buyer before such an action and urgently demand that the car be re-registered in your name so that you do not receive fines for it.
If the buyer refuses to do this or does not get in touch, and fines for the car you sold nevertheless continue to arrive, then you can remove the car upon loss at any department of the MREO traffic police with the appropriate application (form above, you just need to highlight the corresponding reason) .
Transport tax
It also happens that the buyer asks you not to stop registering the car, motivating him with something, saying that he will drive carefully and you will not receive fines. And you agree.
Indeed, there are no shortcomings in such a scheme. But there is one “but” - you are also listed as the owner in the Tax Inspectorate, and the transport tax is charged to you.
To stop this “counter”, it is enough to also stop registering the sold car with the traffic police - they automatically send the information to the inspectorate.
What to do if you receive a fine for a sold car?
The current procedure for registering the purchase and sale of a car does not oblige its seller to be present at the traffic police when the new owner re-registers it in his name. But, as often happens, simplicity also has a downside: you entered into an agreement, the buyer drove away in the car, and after a while you received a fine for a traffic violation committed after the sale. What to do in this situation?
According to the current regulations, the car buyer is given 10 days to change the owner’s registration data. Well, some unscrupulous buyers do not re-register even after this period, continuing to drive a car that, according to government organizations, belongs to the previous owner. In this case, both the transport tax and fines continue to arrive “at the old address.”
Theoretically, it is possible - to do this, you need to contact the new owner of the car and solve the problem directly with him, agreeing on his payment of the received fine. At the same time, it is worth clarifying whether he carried out the procedure for changing ownership at the traffic police. Sometimes this method of solving the problem works, and a conscientious buyer saves the seller from having to appeal the fine. However, if there is no connection with the new owner, you can only use formal methods.
Having received a fine for a sold car, you can and should appeal it. To do this, it is necessary to draw up an application to cancel the decision on an administrative offense and send it by registered mail with return receipt requested to the address of TsAFAP (Center for Automatic Recording of Administrative Offenses) indicated in the received decision. A copy of the purchase and sale agreement must be attached to the application: it indicates the date of execution of the transaction, and it is proof that at the time of the violation you were no longer the owner of the car.
An alternative option for filing an application to appeal a fine is to send it electronically. To do this, you need to submit an application on the traffic police website and also attach a copy of the purchase and sale agreement to it. However, in this case two facts should be taken into account. Firstly, the procedure for appealing a decision electronically may require an electronic digital signature - an electronic digital signature confirming the identity of the applicant. You can find out what it is and how to get it on the State Services website . Secondly, the traffic police still indicate that “appeals that are subject to consideration in the manner established by the Code of the Russian Federation on Administrative Offenses must be sent in writing.” Thus, the first option, sending the application by registered mail with acknowledgment of receipt, is more reliable.
“A complaint against a resolution in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the resolution (Article 30.3 of the Code of the Russian Federation on Administrative Offenses),” is the clear answer given by the official website of the traffic police. However, if you were unable to appeal the decision within 10 days for a good reason, you can do this: to do this, the complaint must also be accompanied by a petition to restore the deadline for appealing the decision on an administrative offense and documents proving the impossibility of appealing the decision within the period established by law.
There is only one way to completely eliminate the possibility of receiving a fine for a sold car: personally visit the traffic police department with the buyer and make sure that he has re-registered the car in his name immediately after you sign the sales contract. If you are not present with the new owner during the re-registration procedure, it is worth remembering that the law allows 10 days for this. Accordingly, 10 days after the sale, you should definitely check the registration history of the sold car using a special service on the traffic police website and make sure that it was registered to the new owner.
If the car was not re-registered within the period established by law, and there is no connection with the buyer, you can protect yourself by contacting the traffic police department with a passport and a sales contract and writing an application to terminate the registration of the car .
It is worth understanding that receiving a fine for a sold car is a problem that will not solve itself if you ignore it. Until it is proven that you are not involved in the offense committed and that you sold the car, you are the violator. This means that the fine must either be appealed or paid. According to the Code of Administrative Offenses, the fine must be paid “no later than sixty days from the date the decision to impose an administrative fine comes into force” - that is, from the moment it was received. At the same time, as we remember, you are given another 10 days to appeal the fine received. Thus, if you do not appeal the fine within 10 days, and then do not pay it within 60 days, the case will be transferred to the bailiffs.
This will not end either: according to the Code of Administrative Offenses, “failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor.” for up to fifty hours." And although administrative arrest does not apply to violations recorded using automatic cameras, the pleasure of collecting a double fine in court (in addition to paying the fine itself) is not enough. Therefore, if you receive an “unfair” fine, do not ignore it, hoping that “the injustice will be sorted out without you,” but be sure to start resolving this issue.
The car has been sold, a fine has been received - how to cancel fines for a sold car?
After selling the car, you will be its owner until the purchase and sale agreement and the acceptance certificate are drawn up. However, the latter document is not always drawn up, and it is not mandatory. The question is that the State Traffic Inspectorate will list you as the owner until the buyer registers the car in his name. Therefore, all fines will go to you. To what extent does this state of affairs comply with the law?
The car is sold, but fines are coming
Let's figure out what fines may be imposed on a sold car. These are resolutions from video cameras recording violations. According to the law, a vehicle cannot be issued a warrant because it is not a person. The violation is committed by its owner. But there is an article in the administrative code that allows you to punish the car owner, regardless of who was driving. This can be done if the violation was detected by the auto-fixing camera.
The second nuance of the legislation is that the car has already been sold, so its owner is different. But the State Traffic Inspectorate thinks differently - it is from its database that data about the owner of the car appears. “Letters of happiness” come to him . The information in the database will not change until the buyer deigns to submit an application to register the car in his name. After this, fines will be sent to your current address.
What's the question
The main problem with the error in the legislation, which makes it possible to receive a fine on a sold car, is that the buyer can register it within 10 days. Until this moment, he has the right to drive and violate traffic rules. The decisions will be sent to the previous owner. This shouldn't happen.
Who should pay fines for a sold car?
The buyer must pay for any fines. The subtlety is that the car becomes a property not at the time of registration with the traffic police, but at the moment the purchase agreement is concluded. Although many do not understand this.
It is from this date that the car becomes the property of the buyer, as well as all fines. The Administrative Code determines that when violations are detected by an automatic recording camera, fines must be sent to the owner. Therefore, all fines fall on the buyer, even if he has not yet registered the car with the traffic police. But the State Traffic Inspectorate may not know about the existence of a purchase and sale agreement.
What happens if fines are not paid?
In this case, the fine will not be transferred to the buyer after re-registration. The State Traffic Inspectorate does not practice such a procedure. But what to do in such a situation?
Rewrite the car
This also does not oblige the buyer to pay your fines if he bought the car. But in this way you will resolve the issue - inform the State Traffic Inspectorate that the owner of the car is now another person. And now fines for the sold car will go to him.
Car owners often call this procedure “deregistration,” although this is incorrect. A car can be deregistered only when it is scrapped, exported abroad or lost. The car is always registered with the traffic police, only the owner changes. Therefore, it is necessary to carry out the registration procedure - transfer the car to another person.
This is done only after 10 days have passed from the date in the DCP. By law, the buyer is given 10 days to register the car.
To do this, you need to visit the MREO office, regardless of your residential address, and take the following documents with you:
- DCP with signatures of the buyer and seller. It will serve as proof that the car for which the fine was issued has already been sold.
- Application for re-registration of a car.
- Russian Federation passport.
The application form can be obtained from a traffic police inspector or downloaded from the official website of the State Traffic Inspectorate.
How to get rid of a fine on a sold car
To remove the fine, you need to file a complaint. It is necessary to ensure that the fine is transferred to the legal owner of the car, that is, the buyer.
The fine can be re-registered against the buyer within 10 days after receiving the resolution.
If this time is missed, you will not be able to appeal the fine. In exceptional cases, the period is subject to restoration for valid reasons. Let's take a closer look at how to get rid of a fine.
Instructions for canceling a fine
You need to properly format and submit your complaint. To do this, you need to fill out a complaint form and take it to the post office, the traffic police department or the court.
In addition to the complaint, the following documents must be attached:
- A copy of the fine.
- A copy of the document to prove the sale of the car and the illegality of the fine. It is recommended that you attach the original copy of the agreement with the original signatures.
- Envelope, list of documents.
The address of the traffic police department can be found on the fine decree on the reverse side. The completed form must be sent in an envelope by registered mail with an inventory. No notification is required. The date the letter was sent is the date the complaint was filed. Many people confuse it with the date the complaint was received by the addressee. Therefore, the deadline for appeal will not be missed.
After the complaint has been considered, you will also be sent a decision to cancel the decision by mail.
The contract is lost - what to do?
In such a situation, it will not be possible to appeal a fine due to the registration of a car on another person. But there is another way, although it is not entirely legal. The car can be deregistered due to loss. It will not be possible to remove it for disposal, as you will need a certificate that the car has been disposed of.
This method is illegal, since in fact the car is not lost, but simply sold to another person. And you will add more problems with registration to the new owner. Therefore, it is recommended to still find a buyer and agree with him so that he registers the car in his own name, so that you do not have to pay other people’s fines.
If the buyer could not be found, or he refuses, and you receive fines for the car you sold, you will have to deregister the car due to loss. To do this, you need to fill out and submit an application form to the traffic police.
Transport tax
Sometimes it happens that the buyer persuaded you not to register the owner of the car. He gives reasons that he will drive the car carefully and there will be no problems with fines. There is nothing wrong with such a scheme. But for the tax office you will still be the owner of the car. Therefore, you will have to pay transport tax.
To stop receiving tax receipts, you must also deregister the car with the traffic police. After this, the tax office will receive information.
What to do if the car is sold and fines arrive?
A signed contract for the sale of a vehicle does not relieve the owner of the car from liability to the traffic police and the tax office. The owner of the car is the person whose data is entered into the database of the state road safety inspection. Not all Russian citizens act within the framework of current legislation and register their car in a timely manner. By law, 10 days are allotted for this from the date of conclusion of the transaction. If the new owner violates the deadlines and does not register the car, information about any offenses, including fines, is sent to the previous owner. What to do if you receive a fine for a sold car, where to go, as well as other legal subtleties, you will learn from the article.
Why are fines for a sold car sent to the previous owner?
The requirement to re-register a car is set forth in paragraph 6 of Order No. 399 of the Ministry of Internal Affairs of the Russian Federation. In accordance with this norm, any vehicle must be registered within 10 days after the transaction is concluded. Otherwise, the car seller will continue to receive notices of violations and fines. As for the new owner, he may be punished:
- a fine in the amount of 3.5 thousand rubles;
- deprivation of the right to drive a car for a period of up to 3 years.
In accordance with the Order, the seller has the right to independently contact the traffic police and deregister the car due to the sale. This can be done on the 11th day from the date of conclusion of the transaction.
What to do if the car has already been deregistered and fines are coming?
1 Settlement agreement with the buyer of the vehicle.
If, after completing and registering the contract, fines continue to be received in the name of the previous owner, most likely the buyer did not re-register the car in his name. Lawyers recommend doing the following - contact the buyer and ask:
- re-register the car;
- pay a fine.
If the telephone number of the second party to the transaction has not been saved, his contacts must be indicated in the agreement.
The peaceful way to solve the problem does not always work, so the next logical step for the seller is to contact the traffic police (the department where the vehicle was registered) and submit an application with a request to deregister the car. The required package of documents is an application, the original and a copy of the contract. Based on the information received, the applicant receives a certificate confirming the deregistration of the vehicle.
A Russian citizen has the right to appeal a decision on a violation within 10 days from the date of receipt of the decision. The document must indicate the reason for the complaint - the sale of the car. Additionally, an agreement on the purchase and sale of the car is attached.
TsAFAP has the right to withdraw or annul the decision.
The applicant is obliged to confirm the fact that the car is in the use of another person (buyer). Explanations are presented in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated October 24, 2006. The confirmation will be the purchase and sale agreement.
The complaint is written to the head of the traffic police, the document can be taken in person, sent by mail (necessarily with notification), or use the official website of the state inspection www.gibdd.ru.
If you were unable to contact CAFAP within ten days, you will have to prepare a petition to restore the appeal period.
4 How to cancel a traffic police fine if the car is sold? - We act through the court.
If a notice of prosecution has already been received, you can appeal it through the courts. Indisputable evidence of the illegality of the decision will be:
- contract;
- a certificate confirming the deregistration of the vehicle.
5 Cancellation of the contract.
The agreement can be declared invalid if more than 10 days have passed since the date of its signing and the new owner has not re-registered the vehicle.
The fine should be dealt with in the following way: file a complaint with CAFAP and provide the terminated contract as confirmation that at the time of the offense the car belonged to another person. In this case, the applicant will be exempt from financial penalties.
Legal nuance
The owner of the car, being a taxpayer, pays transport tax. When the new owner fails to register the vehicle on time, the tax liability remains with the previous owner. To avoid difficulties with the tax office, after concluding the transaction, you need to contact the tax office and submit an application indicating that the car has been sold and also deregistered. The application must be accompanied by supporting documents - an agreement, a certificate.
The tax office independently makes a request to the traffic police to confirm information on a specific vehicle.
Question answer
Order of the Ministry of Internal Affairs of the Russian Federation dated June 26, 2018 No. 399 “On approval of the procedure for registering vehicles.”
If a notice of a fine is received after the transaction, you cannot ignore the document without paying it. Even if the new owner re-registers the vehicle, the recovery will remain with the previous owner.
In case of non-payment of a monetary penalty, bailiffs have the right to write off the amount from a bank card without the knowledge and consent of the owner (Article 20.25 of the Administrative Code). Thus, the issue of a fine must be resolved legislatively and within the time limits established by legal documents.
Application form approved, passport, contract (original and copy provided).
Not necessary. The document is submitted at the place of registration, and the court will redirect