Is it possible to replace the car body with a new one?
What documents are needed to register a car body replacement?
The body is often the main load-bearing part on which all additional and attachments are supported. Therefore, when this most important element of the car becomes unusable, there is an urgent need to replace it. There may be several reasons for such a step - corrosion, which makes it impossible to attach other elements of the car, or an accident, which eliminates the possibility of correctly restoring the appearance and symmetry of the car. Be that as it may, it is necessary to find out how to register a replacement car body in 2019.
What you need to know about the body
According to the law, the body is one of the numbered units (NA), that is, the vehicle unit on which the main marking is stamped. It is not a spare part that can be replaced with an analogue approved by the manufacturer. Replacing such a unit with a similar one is always accompanied by a re-registration process and making appropriate changes to the vehicle documentation. The main marking is a VIN code containing the main information about the car - manufacturer, year of manufacture, color, equipment, serial number of the car, etc.
That is why the replacement of the body, and accordingly the vehicle data, must be taken into account in the traffic police. Otherwise, the very first check of this code by an inspector will show that you are driving someone else’s vehicle, since the car has one number, but its registration certificate and passport have a different one. And this may entail not only a ban on operation, but also the onset of more serious liability.
Documents for registering a new car body
Registration of replacement of this numbered vehicle unit is carried out by the traffic police of district and regional significance. This is where the car owner needs to submit all the necessary documents. What documents are needed to formalize the replacement of a car body in 2019 are determined by Order of the Ministry of Internal Affairs of Russia dated August 7, 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” (hereinafter Order N 605 ).
According to Part 15 of Order No. 605, the applicant must provide the following for re-registration:
Documents for the vehicle. This includes the vehicle title, its registration certificate, as well as a certificate certifying the safety of the vehicle’s design.
Sales and purchase agreement (or other document on the basis of which the ownership of the vehicle arose).
Documents for the numbered unit - in this case, this is the body, and you need to provide a certificate for it that it is a released vehicle. It is also necessary to attach papers that will record the marks of the customs authorities that this unit has been released into circulation in the customs territory of the Customs Union.
Vehicle registration application (not issued at all branches, but can often be obtained completed on site for an additional fee).
If you have any of the following documents, you must also provide them:
Documents for numbered units.
customs documents on the temporary import of vehicles for a period of more than six months (clause 15.4.1 of Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605);
Documents on the disposal of the vehicle (when restoring the registration of vehicles that were not actually recycled, but have already been deregistered) (clause 15.10 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605).
Resolution of the investigative body and documents that are the basis for identifying the vehicle (for example, an expert opinion), in the situation of returning the vehicle after theft (clause 15.11 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605).
Please note that Order of the Ministry of Internal Affairs of Russia dated March 20, 2017 N 139 canceled:
The right of traffic police officers to demand the presentation of a compulsory motor liability insurance policy upon registration - it is received as part of an electronic exchange (clause 15.6 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605 is excluded).
Limitation of the period of up to 10 days for obtaining the “TRANSIT” sign (clause 33 of Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001).
This does not mean that you may not have an issued MTPL policy, you just don’t need to provide it in paper form, traffic police officers will see it in the database.
In addition to the main package of documents, you also need to pay a state fee for the provision of public services. The entire process of applying and receiving results must be completed within a short time frame. By law, a traffic police officer must serve you within 15 minutes (Part 27 of Order No. 605).
Registration procedure
When you have provided everything you need to register a new car body, a traffic police officer checks the accuracy and completeness of the information contained in these papers. Afterwards, he forms and sends the appropriate interdepartmental request. Next, your vehicle is subject to a thorough inspection for compliance with the VIN codes on the body and in the documents. Depending on the results of this procedure, the official makes one of two decisions:
Refusal to carry it out.
In case of a positive decision, the relevant documents will be drawn up, checked and signed, and the data from them will be entered into automated information systems. After this, you can receive new documents in your hands (Part 32 of Order No. 605). When purchasing a body as a donor, be sure to make sure that the VIN marking is clearly visible and there are no traces of tampering. Otherwise, you may be denied registration in accordance with Part 24 of Order No. 605, if this happens.
". detection of signs of concealment, falsification, alteration, destruction of identification markings applied to vehicles by manufacturing organizations, or forgery of submitted documents, non-compliance of vehicles and numbered units with the information specified in the submitted documents or registration data. "
Part 24 of Order N 605
You can get more detailed and up-to-date information from a consultant!
Replacing a car body: all the nuances of registration in the traffic police
Hello, dear friends! If you are interested in replacing a car body, and do not understand why the traffic police refuses you when you try to legally arrange it, you have definitely come to the right place.
It happens that if the rear part of the car is severely damaged after an accident, the body cannot be restored. Although the engine and chassis are fine. That is, to repair you need to completely change the shell by purchasing and installing a new body on the car.
To some this seems incredible. In fact, we are talking about a fairly common practice. Let me immediately note that I will talk about registration in the Russian Federation. I don’t know how things are in the Republic of Belarus, Kazakhstan and Ukraine, where the traffic police are responsible for such issues.
I studied the issue, strictly relying on the laws of Russia. Moreover, some changes have already occurred in 2018 and 2019. These are the ones we will talk about.
Body concept
First you need to define what a body actually is. Few people have actually thought about this.
If we talk about the formal concept, then in our country a car body is defined as a numbered unit. That is, it has certain designations in the form of license plates and symbols. This code serves to identify the unit and the entire vehicle. In the case when the traffic police cannot identify a vehicle, when the actual numbers do not match those indicated in the document, no one will register the car. And on completely legal grounds.
But don't give up. It is possible to legally register a new body. Moreover, every motorist has the right to do this. Just don’t forget about some conditions and formalities here.
What not to do
Not long ago, a new order was issued under number 399. It is this that is more relevant to the issue under consideration. The law regulates the procedure for registering any replaceable car components, but also provides a list of restrictions and prohibitions.
If you read the document, you can draw several conclusions:
- You cannot change the body of a car when it is listed as wanted, stolen, or is listed in the traffic police database as lost;
- It will also not be possible to register a unit if there are no documents for it;
- In theory, it is possible to use bodies from salvaged cars, but in practice, in almost 100% of cases this will not be possible. After all, it is almost impossible to restore such a vehicle;
- If you put another body on your car that was previously deregistered, but the recycling fee has not been paid for it, you will be refused;
- The exception is bodies manufactured before the fall of 2012;
- The chances of registering a car with a body that has already been replaced are minimal;
- If it is impossible to read the license plates on the body, the chances of refusal and approval are approximately equal. You will have to undergo an examination;
- If there are signs of falsification, expect a refusal.
Everything looks so gloomy and hopeless. But in reality, everything is not as bad as it might seem.
How is it allowed to do
In total, there are 2 main ways to re-register a car with a different body installed. This directly depends on the condition of the unit itself.
- First option. Buy a new component (body). The simplest option, since there will be no problems or restrictions from the traffic police. The body is legally clean, everything is in accordance with the law and rules;
- Second option. Use a used body. A very complex procedure that requires a number of checks, examinations, etc. It is much easier to register not just the unit, but the car itself. That is, the body will be equal to the car. And from the donor you will transfer the necessary components to yourself.
But there is an important amendment here. It is possible to formalize the replacement of the body as a replacement of the entire vehicle completely officially and legally only on the condition that the VIN numbers are applied in the surface area of the body. But this cannot be done on a frame car or truck.
Plus it is forbidden to change the design. This means that you cannot install components on your machine that were not included in your machine from the factory. The same motor must have the same model and characteristics. Roughly speaking, the donor body is taken from exactly the same car as yours.
Design nuances
Let's start with the used body that you decided to put on your car, crippled as a result of an accident or the same corrosion. Here you need:
- Transfer from the donor all the units that you need and are included with your car from the factory;
- Register the car. This is done in the same way as when purchasing a car on the secondary market;
- You will need to change the STS, correct the data in the car passport;
- The old body is scrapped, scrap metal and written off for deregistration.
If the body is new, then the procedure will look slightly different.
It is important to note that in Russia it is allowed to buy a new body only in the case of restoring domestically produced cars. You are unlikely to buy new units from foreign cars anywhere. A foreign manufacturer can send the body to the dealership with all the numbers, plates and data.
Formally, traffic police officers should not refuse to register you if you are changing the body of a foreign car. But since the procedure is extremely rare, some are afraid to issue permits and prefer to refuse the client. It's easier than taking responsibility. When faced with an unreasonable refusal, ask the traffic police to confirm this in writing and record the process on video. After such actions, they usually agree.
Since the body is new, original and original, having previously passed all testing procedures, the registration scheme is somewhat simplified. But it will still be expensive and time-consuming. Here you need:
- Buy the body along with all the accompanying documents;
- Obtain permission to replace it through the traffic police. Refusal is very unlikely, since employees have no legal grounds;
- Then you come to the department for examination. Here it is worth reminding you what documents you need to take with you. The list includes STS, an application for replacement (changes), PTS and your passport as the owner of the car;
- Through a certified car service that has the right to carry out such work, install a new body;
- After installation, pick up the certificate of work performed and other attached documents from the service center;
- Submit an application through the traffic police to make changes to the registration data.
I hope I was able to answer your questions and fully cover the topic.
If you didn’t find what you were looking for, or I missed some important point, correct me, write in the comments or ask a question.
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Is it possible to replace a car body (at the traffic police) legally and how?
The body is one of the most important parts of a car. It not only defines the image of the car, but also protects passengers. Metal is susceptible to corrosion, and no matter how hard the car owner tries to protect his iron horse, no one is immune from these defects. Various mechanical damages - paint chips, scratches, dents, chemicals on the roads in winter - all this affects and leads to the body rusting. The body will have to be replaced as a result of severe damage in an accident.
Is it possible to replace the body?
If you still need to replace the body, then completing this procedure will require a lot of effort, time and patience from you. This procedure is lengthy and expensive. In fact, you need to transfer the entire filling of the car to another shell. Not every repair station will agree to produce them, since special devices and tools are needed, not counting a specialist who knows how to do this. Car mechanics with knowledge and experience are needed to carry out such work.
Is registration required when changing body?
Any manipulations with the car must be done legally. There are regulations that govern all operations on your vehicle. To register, deregister, and even replace such components as the body, and earlier the engine, it was also subject to documentation in the (State Traffic Safety Inspectorate) upon replacement. As of today, registration of a replacement engine has been cancelled, but there are amendments to the new law stating that the Inspectorate can refuse to register a car with unreadable engine numbers, in order to avoid missing information when cars are stolen. But registration when replacing a body remains mandatory with the State Traffic Inspectorate.
In what cases is replacement not possible?
Any car owner can replace the body, but to do this you need to prepare a mandatory package of documents and know some conditions.
- It cannot be replaced on a vehicle that has been reported stolen or is wanted.
- If you do not have enough paperwork for an item, it is also impossible to complete this process.
- It is possible to supply a body that was taken from a scrapped car, but usually in this case the inspector refuses the process.
- Each vehicle has a body number attached to it. It is registered in the Vehicle Passport, identifies it and must match the number on the unit itself. If for any reason the number in the document does not match the part number, registration will be denied.
- You will also not be able to register a replacement from a vehicle that did not pay the recycling fee.
- There are times when the number is not readable. Then the car is sent for additional examination.
- You will not be able to register the body if the inspector notices the presence of traces of distortion of the license plate. This can happen after overcooking, altering the VIN and number.
How to legally replace a body?
If you are still convinced that you need to replace the body of your vehicle with a new one, you have two options. But they also depend on certain conditions.
- You purchase an old car and take the body part from it; you most likely will not have the necessary papers for registration. Therefore, in this case, you will first need to register the purchased car in your name, since the body is essentially a car.
- This procedure is only possible if the VIN is located on top of the body part. It will be problematic and impossible to carry out such an operation on SUVs that are equipped with a frame, or with trucks.
- The body must not be redesigned or welded from several separate parts.
- If you buy a new body, you need to remember that in the registration documents it will be listed as a new component.
What documents do you need to prepare to replace the body?
He must have one of the following documents:
- a customs declaration, if the body is imported, in this case you also need to have a mandatory permit to release the unit into free circulation;
- certificate issued by the traffic police for the body, if it was purchased second-hand
- certification or declaration of conformity for the body, if it is manufactured on the territory of the Russian Federation.
Let's summarize the above in a small reminder on replacing the body.
- The first option is that the body was purchased from a used vehicle. Then the registration procedure is identical to buying a car second-hand. You need to transfer everything from your car, in which you wanted to replace the body, to the purchased body. Then register. Obtain a new certificate of registration and make changes. Dispose of the body from your car, having previously removed it from the register. When buying a car as a donor, make sure that the VIN is clearly readable and there are no signs of tampering.
- The second option is to buy a new body. This part is not so easy to purchase new. You can only purchase cars that are produced in the country. For a foreign car this will be problematic. Some dealerships come to the rescue and provide this item upon request. It would seem that in this case the traffic police cannot refuse to issue a replacement body. But in practice, car owners are faced with registration refusal even in such cases.
Certification and inspection
After replacement, a certification procedure follows. It is considered simplified and replaces a car examination for the owner. First you need to obtain permission from the (State Traffic Safety Inspectorate), no difficulties should arise, since these are formalities. The next step will be to inspect the vehicle. For this procedure, you need to take with you your vehicle passport (PTS), application, vehicle registration certificate (VRC)
Body replacement must be done at a specially certified service station. This is mandatory, otherwise you may be denied registration. After replacement at a car service center, you need to submit an application to the inspection for final processing.
Illegal refusal to register a replacement body
There are many reasons why the State Traffic Inspectorate refuses registration.
Since 2013, when the new law on the Rules for Vehicle Registration came into force, the traffic police began to consider any replacement of the body as impermissible.
The reasons for the refusal of the State Traffic Inspectorate are various:
- new Administrative Regulations. But there is no prohibition on registering a car when replacing the body;
- failure to pay the recycling fee for the body that was installed.
- claim that when a car owner changes the body, this is equivalent to replacing the entire vehicle. Such a refusal is contrary to law.
- indicate as the reason that when replacing the body, the owner wants to hide illegal actions.
- they try to explain by the fact that it is impossible to identify the car, and therefore check for technical condition and safety requirements.
All these arguments for refusal by the traffic police are unacceptable, they limit the rights of citizens, and must be regulated by law.
If you are denied registration, request a written refusal from the inspector stating the reason. If you do not consider the reason for the refusal to be fair, write a complaint against the employee from whom you received the refusal, arguing your point of view.
A written complaint can be submitted to a higher department to the manager of the employee whose refusal you received. You can immediately file a lawsuit, without any preliminary pre-trial proceedings.
Is it possible to replace a car body at the traffic police legally and how?
Replacement of body according to law
The procedure for legally registering the replacement of a car body in 2019 is clearly regulated by legal acts. And let’s immediately say that this is not an easy matter. So much so that you can formally change the internals to new ones, rather than changing the number of this component. But this depends on the condition in which you purchased the “body” of the car: used or replacing it with a new one, whether there are documents for it and what specific ones - these are the factors that influence whether it will be possible to obtain a replacement body legally in the traffic police and whether registration of this procedure will be allowed. So, let's talk about everything in order!
What is the body of a car according to the law?
Let's start by understanding what a car body is. Formally, in Russia this is a numbered unit. And this means that a designation number is applied to it, identifying the entire vehicle. And according to the law, if the traffic police fails to identify the car (the actual number on the unit will not match the documents), then registration of such a car will be legally denied.
But everything is not so sad - a new body can be officially issued, and any car enthusiast has the right to replace it. True, for this you need to comply with a number of conditions and formalities, as well as collect the necessary documents, including for a new “body”.
How can you not get a replacement in 2019?
Let's start with the law that regulates the replacement procedure. Almost the only legal act that prescribes the registration procedure (others have little practical relevance to our issue) is the brand new Order No. 399, which came into force quite recently. It is he who regulates not only the procedure for registering replaced car components, but also what is prohibited from being registered.
So, for 2019 the following restrictions apply:
- You cannot replace it with a new body if it is listed as wanted by the traffic police (stolen, the car with it was deregistered by the traffic police due to loss),
- if you do not have documents for a new component (clause 17 of the Order),
- According to the law, you can supply the body from a scrapped car, but in practice in 99% of cases it is impossible - you will receive a refusal, because even the entire car, completely complete, is quite difficult to restore after disposal,
- you will not register a car with a replaced body if it was removed from a car for which a recycling fee was not made (clause 3 of the Order), but you can register it if it was released before September 2012,
- if you have already changed the “body” to a new one, then with a high degree of probability you will be denied registration on the basis of paragraph 3 of Order No. 399 due to inappropriate numbers of license units, which include the one we are discussing, we will discuss this issue in more detail below,
- if the body number is not readable - in this case, the chances of making changes to the registration data of the State Traffic Inspectorate are approximately 50/50 - you will be sent for examination with an unreadable unit number, and whether the examination will establish the number will be known only after it is carried out,
- if there are signs of counterfeiting (overcooking, changing the numbers/letters of the VIN number) of designations.
How is it possible?
In fact, there are 2 options for re-registration of such a replacement in the traffic police, depending on the condition of the component. These options lie in 2 postulates of the legality of this procedure for 2019:
- It is generally possible to change the body to another - it is not prohibited by law,
- but if you bought it used from another car, then there will be no documents for it, since they have not issued papers for a released license plate for a long time, and you cannot have others.
Ultimately, we get 2 scenarios and, accordingly, replacement instructions, depending on your specific situation:
- if the “body” was bought new, then you can register it with the traffic police in the traditional sense - register it as a replacement body,
- if you purchased this component in a used condition, then it will be much easier to arrange for a replacement body as the purchase of the entire car (that is, the body = car, and you simply transfer all the parts and components from the old car to it).
Registration of a body replacement as a replacement of the entire car as an official legitimation of this procedure is only suitable if the identification numbers (VIN) are applied only to the body surface location. That is, this cannot be done with frame SUVs and trucks, where only the cabin is changed. In addition, there must be no change in the design of the vehicle.
What is a design change? This is the installation of components that were not installed stock on this car model. For example, the most obvious one is the engine. It must match the model and characteristics of what was installed on your new body. We discussed this issue in more detail in the article about changing the engine. Let us emphasize in the context of our question that the new body must be exactly identical to the one being replaced - so that this very design does not change.
Also, in the second case, documents for the body will not be required to obtain the right to replace it.
But if you bought the “body” of the car new, then according to the documents it should be listed as a new license plate unit (that is, we are not talking about buying a new car, but rather a replacement component).
How do I formalize a replacement?
So, here are a few instructions depending on each of the situations described above.
If the body is used
In this case, officially registering a replacement is similar to buying a used car:
- you transfer everything from the car whose body is being replaced to a new one,
- Next, you need to register this car in the same way as when buying a used car: replace the registration certificate, make changes to the title (of the old car).
An old body with old spare parts and components can be scrapped and written off for recycling or deregistered with the traffic police on the basis of loss.
Full instructions for registering changes in connection with a change in the owner of a car are here (namely, this is the procedure we carry out when replacing the main unit of a car). If you need to save license plates from an old car (with an old body), then the instructions are here.
If the body is new
New bodies in Russia can only be purchased for domestic cars. For foreign cars you will not find such new components on sale almost anywhere. But foreign manufacturers almost always, at the request of dealer centers in our country, provide plates with the necessary data.
In this case, the traffic police has no formal reasons for refusing to replace the body. But in practice, nuances are possible - the fact is that MREO traffic police inspectors are afraid to carry out rare and important procedures, and therefore it is easier for them to refuse to issue a replacement than to take responsibility. In this case, the requirement of a written refusal for video recording will help (it is not prohibited to film employees) - as a rule, this is where everything ends successfully for the applicant.
When purchasing a new body, in all cases there are documents for it. Under no circumstances should they be lost - registration of a replacement body with the State Traffic Inspectorate in 2019 is carried out strictly on the basis of documents for a new one (clause 17 of Order 399). You need to contact the traffic police with them, but before replacing them.
Because what awaits you next is a simplified, but rather expensive vehicle certification. The simplicity of the scheme lies in the fact that tests and examinations are not required, since the body is “native” and has already passed all the tests as part of your car model. But, nevertheless, the procedure is costly in terms of finances and time.
- First, you need to obtain permission from the traffic police to replace the body - this is a formality and they do not have the right to refuse you, since the 2019 law does not prohibit this.
- Then you need to appear for a traffic police inspection with documents: STS, application for changes (written by hand addressed to the head of the MREO), PTS and the passport of the owner of the car.
- Next, you need to replace the body with a new one - the car service must have a certificate of conformity for this type of work, otherwise they will refuse to officially register the changes. Also, do not forget to take documents from the service station: a certificate of completion of work and other documents that will be given to you.
- The last step is to submit an application to the traffic police to make changes.
- Download the application form for body replacement (DOCX format for filling out on a computer).
- Download the same application form in PDF format to complete by hand.
I have already changed the body - can I register it with the traffic police after the fact?
But it is impossible to legalize a car body that has already been replaced, as we mentioned above. Although it would seem that there are no legal grounds for refusal here, the VIN number is actually verified during the inspection. It is applied to the body and will not match the documents, and this is already a reason for legal refusal.
In addition, you did not receive prior permission to make changes to the design, and this contradicts paragraph 7.18 of the Basic Provisions of the Traffic Regulations.
However, in rare cases, it is possible to arrange such a replacement, although only through the court. But even an insignificant chance of this is possible only under 2 conditions:
- you still have an old body with no signs of destruction or change in VIN number,
- There are witnesses and documents for the replacement work performed.
The traffic police “shed light” on the possibility of replacing the body. But has it become clearer?
An obvious pattern: the less the authorities want to talk about a topic, the more questions we receive from readers about it.
The problem of replacing a car body is no exception. Not only does no one really know how and what needs to be done to carry out this procedure, but also an analysis of requests to the editors of ABW.BY clearly shows that such a procedure has been secretly banned throughout the country.
But why? Paragraphs 31-33 of the resolution of the Council of Ministers of the Republic of Belarus No. 1849 (as amended) allow this procedure. Moreover, the legal norm does not contain requirements for the availability of specific documents. Yes, permission from the head of the traffic police registration department is required after inspecting the car. When replacing a body, the registration certificate does not indicate the year of manufacture; only in the column “Special notes” an entry is made about the installed body, indicating the year of its manufacture. It would seem that it couldn’t be simpler, but in reality everything is different. Here are just some of the requests from our readers.
Vitaly : “I have a 1998 Volkswagen Multivan. Considering its age, there are serious problems with the body. I decided to replace it. I contacted the traffic police at the place of registration, they said that there is an unspoken ban on replacing bodies, but no one knows what this is connected with. Nevertheless, I applied to the head of the traffic police to replace the body. An inspection of the car took place, during which it was noted that there were extensive areas of body corrosion. A couple of weeks later I brought a similar body from abroad, but in general condition. Everything is official.
But when I came back to the traffic police to formalize the replacement of the old body with a new one, I was turned away. Without explaining the reasons, they say there is a ban on this. I asked for motivation, but in response they just shrugged their shoulders: “We don’t know ourselves.”
Andrey : “I was going to replace the body of my Volksvagen Caravelle. I use the car for private business. I contacted the traffic police, they told me that at the moment such a procedure is not being carried out, they say, this is due to the presence of some disagreements with the requirements of the rules of the Customs Union, but they could not explain more precisely. I tried to explain that according to our legislation there are no prohibitions, therefore such a refusal is unlawful. Alas, this had no effect. So the “new” body sits in the garage and waits for clarity on what will happen to it next.”
There are many similar requests, they practically duplicate each other and contain the same question: why don’t they register, because it’s not prohibited?
The editors of ABW.BY contacted the State Traffic Inspectorate of the Ministry of Internal Affairs of Belarus with a request, in which the first question was about the presence (absence) of a ban on replacing bodies in our country. In case of any restrictions, we asked to refer to a legal document that regulates it. We expected that in exactly the same way under point No. 1 there would be an answer to the burning question, but the traffic police started with something completely different:
“I inform you that in accordance with the Regulations on the Ministry of Internal Affairs of the Republic of Belarus, the State Traffic Inspectorate of the Ministry of Internal Affairs is not vested with the right to officially interpret legislative acts and clarify legislation in relation to specific legal relations.”
We outlined our assessment of the powers of the Ministry of Internal Affairs to clarify legislation in the previous material.
What was especially alarming in the response of the traffic police of the Ministry of Internal Affairs was that not a word was written about specifically replacing the body, that is, the relevant department did not know what to tell citizens, or did not want to do it.
But in this “dark kingdom” a ray of light appeared. Our readers from the Minsk region began to receive answers to their applications from the regional traffic police with the reasons for refusing to register a replacement body.
The short gist is this: if the “old” body with VIN is removed, and there is no duplicate number left on the “remaining” body of the car, then replacing the body is prohibited, since it will be impossible in principle to identify the car and enter the relevant information about it into the automated system. The traffic police of the Minsk region bases its response on the norms of Resolution No. 1849 of the Council of Ministers of the Republic of Belarus, which contains a definition of the term “state registration of a vehicle.”
One can argue here, because the same decree, as we said above, does not prohibit the procedure for replacing the body.
But to its credit, this is an important step, and such a position is at least logical.
On the third hand, the answers received from the traffic police of the Minsk region are the opinion of only one unit. But people would like a single clear answer from the Ministry of Internal Affairs with reference to the legal acts and the answer “it is possible or not.”
In other answers, by the way, references to the rules of the Customs Union began to appear:
The respondent conscientiously quotes the Technical Regulations of the Customs Union, or more precisely, the decoding of the term “identification”, and again comes to the conclusion that if there is no duplicate VIN, then the body cannot be changed.
But there is a very important point here. According to the CU TR, “identification” is a process carried out without disassembling the car, that is, when the old body is in its proper place, and not removed and lying nearby. And even if the body of the car is rusty, then you can establish the “identity of the factory markings” without any problems using the VIN on it - take it for yourself and identify it. And then change the body to a new one and make a record in the registration certificate about the installed new body and the year of its manufacture, as stated in paragraph 33 of Resolution No. 1849. That's all. Such an obvious scheme also does not contradict the law!
After all, there is not a word about “primary identification” either in the resolution or in the TR CU. Just as there is no established ban on replacing the body if certain conditions exist.
One more question remains unanswered: what VIN will be indicated in the documents after replacing the body? The one that was indicated on the old and discarded body, or the new one? If the second option, then from the point of view of identification it will indeed be in some sense a “different” car. Why not indicate two VINs - old and new? Then the data from the manufacturer will be saved, and no “initial identification” will be lost, and the new number will be recorded. This is exactly what is done in accordance with paragraph 35 of the Resolution when a “broken” VIN is discovered on a car. The scheme has been worked out, no one is violating anything.
In general, if the requirements of the legislation are unclear, it is necessary to be guided by the principle “if it is not prohibited, it means it is allowed,” and then it will become easier to resolve many issues. Both the legislator and the traffic police will sooner or later have to clarify the issue of replacing the body, especially when it concerns many motorists.
Evgeniy GRACHEV
ABW.BY
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