Restoring documents for a car after disposal
How to restore and register a scrapped car
Recycling a car does not always mean the physical destruction of a vehicle (vehicle). Often this operation allows you to evade transport tax if it is impossible to operate the car. 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 08/07/2013 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 the 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 vehicle registration after disposal?
According to current legislation, only the owner of the vehicle has the right to register a scrapped vehicle with the traffic police department. Therefore, when purchasing a scrapped car, you should agree with the previous owner of the vehicle to jointly visit the State Traffic Inspectorate office or sign a notarized general power of attorney for the right to restore the registration.
After the registration of the car is restored by the former owner or his authorized representative, the new owner must necessarily enter into a purchase and sale agreement for the car. In the future, its provision will be required for re-registration of the vehicle. There is one subtlety in this matter: if the purchase and sale agreement is signed before the accounting is restored, then this document will not have legal force.
Is it possible to get the previous car number after recycling?
Previously, the recycling process was triggered by the submission of an application from the owner of the car, and the traffic police authorities deregistered the car, while canceling the state registration plates. According to the letter of the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia No. 13/5-229 dated October 18, 2011 and the new Administrative Regulations of the Ministry of Internal Affairs No. 605 dated August 7, 2013, termination of vehicle registration due to disposal is possible only if there is a document confirming the fact of destruction.
The following documents are handed over to the registration departments and disposed of in the prescribed manner:
Vehicle registration certificate.
State registration plates.
The procedure for restoring the registration of a scrapped vehicle requires the issuance of new state license plates.
How to restore a scrapped car without the owner
Often, a citizen has at his disposal a scrapped car in accordance with a purchase and sale agreement, donation or other reasons, deregistered by the traffic police. To restore it to the register, the presence of the real owner of the vehicle, entered in the vehicle passport, is necessary.
To restore the registration of a car, it is possible to provide the traffic police with a notarized power of attorney with the right to restore the registration (registration) of the vehicle. If such a document is not available and the location of the owner is unknown, then it will not be possible to restore and register a written-off car.
What to do if the owner of the car cannot be found
To restore the registration documents for a scrapped car, you should find the former owner, whose name was last included in the vehicle passport. Without this, the car will remain just a pile of scrap metal. If it is not possible to find the owner on your own, there are two scenarios for the development of events:
1 Contact the traffic police by writing a statement asking to find the owner of the vehicle. After completing the search activities, the old owner will help restore the car if it has been written off as scrap.
2 If there is an assumption that the traffic police will not be able to find the owner of the car, after a written application to the traffic police, an application should be filed with the court. The claim must contain a request for recognition of the ownership of the applicant’s specified vehicle.
It takes six months to find the previous owner of the car. If it is not successful within the specified time, the judicial authorities have the right to recognize the applicant as the new owner.
How to restore a junk car in 2019
What to do if there is a buyer for a scrapped car? How to legally conduct a transaction to register such a car? Is it possible to register a scrapped car quickly? This procedure implies the following algorithm of actions:
1 Search for the former owner of the scrapped car to begin the restoration procedure or issue him a power of attorney, certified by a notary and allowing registration actions to be carried out without his participation.
2 Submitting an application to the traffic police department indicating the license plate number of the car, its make, year of manufacture, body and engine numbers. As additional information, you should note the details of the vehicle passport and the details of the power of attorney, if available. The application must contain information about the traffic police department where the application for disposal of the car was submitted. The documents are accompanied by a technical passport and state registration numbers.
3 It is impossible to register a car without a technical inspection, so it must be delivered using a tow truck. Since the scrapped car does not legally exist, it does not have the right to move independently on the roadway.
4 The procedure ends with the issuance of a new vehicle passport in the name of the new owner after the conclusion of the purchase and sale agreement.
In practice, the car restoration process takes several hours, provided that both parties have prepared for the procedure in advance.
Is it possible to restore a car after recycling?
Cars wear out significantly over time . There comes a time when the owner wants to deregister his car and stop paying transport tax on it.
To do this, it is necessary to carry out a disposal procedure . At the same time, it is known that there are craftsmen capable of restoring and restoring cars. And such “scrap metal” arouses a certain practical interest in them.
As soon as the task of selling a worn-out car arises, the question arises: how to restore a scrapped car.
Today we will look in detail at the procedure for restoring a scrapped car, paying attention to all the important points.
Recycling or destruction?
First of all, it should be noted that when recycling a car, it is not always physically destroyed. Nowadays, the recycling process most often begins precisely in connection with the need to deregister a vehicle.
This way you can avoid paying tax. But the car is not actually scrapped.
Is it possible to officially restore a car after disposal, given that it is physically preserved? Here it is important to have a good understanding of the legislation, as well as to know the chronology of legal acts. Let's take a closer look at them.
The legislative framework
Unfortunately, not all drivers are familiar with the current legislation in 2019. Sometimes the procedure may be refused, although this is not legal.
In such cases, they refer to the order of the Ministry of Internal Affairs of the Russian Federation No. 1001, issued on November 24, 2008. It is he who regulates the procedure for registering a vehicle.
Paragraph 13 states that the registration of scrapped vehicles is not restored.
Here it is necessary to take into account later legal acts. The letter of the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation No. 13/5-229, published on October 18, 2011, is in effect. In accordance with it, a car can be considered scrapped if there is the following documentary evidence:
- a statement from the car owner that he independently disposed of his vehicle;
- a certificate from a recycling center or scrap metal collection point;
- vehicle scrappage certificate, which was issued under the government program.
Obviously, if the disposal was not actually carried out, the registration can be restored. At the same time, when they ask the question whether it is possible to restore a scrapped car, they mean formal restoration.
When the car is actually intact, it can be registered again.
Please note: There are severe limitations to restoring a salvage vehicle. It concerns those cars that were disposed of as part of the state program and acted as a contribution to the purchase of a new vehicle.
Lawyers note: paragraph 13 of the order of the Ministry of Internal Affairs, which is still sometimes referred to, was annulled by decision of the Supreme Court of the Russian Federation.
Recovery initiator
Did you like the car? The question arose: is it possible to restore documents if the car is scrapped?
The easiest way here is to go the reliable route: find the last owner of the vehicle, who was included in the technical passport.
The fact is that its legal owner has the right to dispose of and restore the car.
Of course, owners are usually not ready to devote time to all the official measures to restore the car. If the owner refuses to engage in restoration, the interested party can use one of the following options:
- ask for a power of attorney under which he can restore the car himself;
- pay the owner for restoration services.
The optimal solution is to take a power of attorney in order to personally control the process of registering the car.
Recovery stages
Simply obtaining the consent of the car owner to restore it after disposal is not enough. The owner must personally bring the package of necessary documents to the traffic police department where the car was deregistered.
At the next stage, the interested person must deliver the car to the appropriate department, where an examination will be carried out.
Remember! The car must be delivered by tow truck . Driving while driving is strictly prohibited. Otherwise, there will be a fine from the traffic police inspector or the road patrol.
According to current legislation, it is prohibited to drive a scrapped vehicle, even if it is actually in good working order.
Inspectors will issue new documents and ensure the issuance of a vehicle passport if the examination is successful. The buyer's name is immediately entered there.
Then comes the time to finalize the purchase and sale transaction . For the contract to have legal force, it can only be signed after the vehicle’s registration has been officially restored.
Collecting documents
To know exactly how to restore documents for a car after disposal, you need to remember the list of necessary documents.
A package of official papers is submitted to the traffic police department. It includes:
- vehicle passport;
- civil passport of the vehicle owner;
- application addressed to the head of the traffic police department;
- a receipt confirming payment of the duty;
- MTPL insurance;
- vehicle registration certificate.
The text of the application must indicate the license plates, year of manufacture and make of the car, engine and body number.
Please note: when a vehicle is re-registered, it will receive different license plates. The old ones cannot be restored.
Sometimes cars that were scrapped a long time ago are of interest . In this case, there is a high probability of difficulties in finding the owner of the vehicle.
To find the owner, submit a corresponding request to the State Traffic Inspectorate. If there is no response to the request for a long time, or there is no address information, the buyer can recognize his rights to the vehicle through the court.
For this purpose, an investigation is being carried out by the traffic police . If it does not produce results, after six months the applicant can be recognized in court as the new owner of the car. After this, by court decision, registration will be restored.
Now you know how to register a scrapped car. Be careful, then everything will be successful.
Is it possible and how to restore the registration of a scrapped car?
Restoring a junk car
If a car is scrapped, this does not mean that it can be disassembled for parts or simply thrown away, and it is impossible to renew registration. However, this situation is quite logical, since the term “ recycling ” itself implies the destruction of a vehicle that cannot be physically returned to the road. But is it possible to formally legally restore a scrapped car - how to register it with the traffic police, if in fact it is intact, and then sell it, as well as buy such a car? We will find out all this in detail below.
What does a scrapped vehicle mean under the 2019 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-2017, 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 2018, 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.
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.
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.
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 2019 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.
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.
How to return a car from scrapping?
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Quite often, owners of old and problematic cars prefer to scrap the vehicle. This operation allows you not only to legally and easily get rid of an unnecessary car, but also to receive a certificate for this, which will help you get a new car.
At the same time, “disposal” is rather a legal term that does not mean the complete destruction of a vehicle, but its deregistration and write-off. The car itself remains intact. Due to the fact that the car can still be useful, quite often there is a need to cancel the disposal procedure and return the rights to it. Our article will tell you how this is done.
Quite often, auto lawyers are asked, “Is it even possible to carry out the operation of restoring a scrapped car?” The answer to this question is yes, such an operation is possible. But with some reservations.
Firstly, it will be possible to return the car, but only if it is not disposed of under the general state program. In addition, the car, even if it is returned to you, will not be able to get its state license plates back - they will have to be issued again.
How and who can restore
According to current legislation, only two people can restore a vehicle deregistered due to disposal - either the owner of the vehicle or his representative who has a power of attorney certified by a notary.
The recovery operation itself is quite simple:
- The owner of the car provides the necessary package of documents (which will be given below) to the traffic police department;
- The application is considered, the car inspector checks the car for compliance with registration plates. The condition of the car is also studied;
- The owner registers the vehicle and receives license plates for it, thereby completely restoring the car from scrap.
How to return without the owner
Quite often you can hear the question “Is it possible to return a vehicle from recycling without the owner of the vehicle?” The answer is given by the norms of the procedure itself and the relevant legislation - no, such an operation cannot be carried out under any circumstances.
But the absence of an owner is not a death sentence. You can do three things:
- Try to find the former owner of the car yourself in any way available to you;
- Contact the traffic police with a request to find the owner of the car. You can contact any branch; a sample application to fill out will be given to you on the spot. The traffic police have 6 months to search; if it is not found, the applicant has the right to appeal to a higher authority;
- Go to court. In order for you to be able to return a scrapped car, you will need to file a claim for assignment of ownership rights, as well as prove that the previous owner has not been found.
Also, if the owner is found, but he does not want to participate in the restoration procedure, then conflicts and problems can be avoided by issuing a special power of attorney for the right to restore the accounting. You can get it from a notary, the cost of preparation is up to 2,000 rubles. Having received this paper, you will be able to restore a car from scrap without the participation of its owner.
To carry out the operation of restoring a car from scrap, you will need to collect the necessary package of documents. It includes:
- Application addressed to the head of the regional division of the State Traffic Inspectorate. It has a standard appearance, you will be given a sample at the department itself;
- Your ID. It is advisable to have a passport, but in some cases another ID will do;
- Vehicle passport;
- Compulsory MTPL insurance policy. In order for you to have it, you will need to carry out a vehicle inspection;
- A receipt confirming payment of the license plate registration fee. Its amount is 2,000 rubles; payment can be made at the traffic police department in the terminal or using the details issued there.
- Registration certificate (if you have one).