What does a car registration ban mean?

All about car restrictions

The ban on registration actions is to deprive the owner of the opportunity to exercise his rights to the property, as well as to exploit it. The initiator of the ban is always the bailiffs. A restriction is a measure that encourages the car owner to eliminate the violation for which a ban was imposed, or to fulfill his obligations.

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How to remove the ban on registration actions

Every year in the Russian Federation several million orders are issued to seize, ban and restrict cars. Any vehicle owner can find himself in this situation. In a separate article, we wrote about what it means to have a car seized and what the consequences of buying a seized car may be. Today we’ll talk about other punitive sanctions.

What prohibitions and restrictions may apply to vehicles?

• prohibition or restrictions on registration activities;
• prohibition from undergoing technical inspection:

Such a punitive measure was often used several years ago, because car owners have to undergo maintenance much more often than register a car, which means that it was possible to force the debtor to pay the bills much faster. However, the ban on undergoing maintenance deprived the car owner of the right to purchase an MTPL policy. Car owners filed lawsuits en masse about the illegality of the actions of bailiffs and won the cases. This forced FSSP employees to practically abandon the use of this measure.

The most common punitive measures today are a ban or restriction of state registration.

What does a ban on registration actions mean?

Unlike an arrest, which implies the impossibility of performing absolutely any actions with property, a ban is a sanction that prevents the implementation of specific actions with property, in particular, with a car.

What does a car registration restriction mean?

The essence of the restriction is to deprive the owner of the opportunity to exercise his rights to the property. For example, if the car is pawned, rented or seized.

Who can restrict or ban state registration and for what?

The list of authorities is presented in the Order of the Ministry of Internal Affairs “On the procedure for registering vehicles” (N1001 dated November 24, 2008). Among other things, it says that a ban or restriction may be imposed:

• by a court order (for non-payment of taxes, late payment of traffic police fines, debts to utility or credit organizations, as well as during the division of property);
• investigative authorities (if the car is wanted);
• Traffic police (if external discrepancies are detected in the car with the characteristics specified in the technical passport);
• social protection authorities;
• customs representatives (in case of violations of import rules or indication of false information about the vehicle);
• other bodies vested with the necessary powers.

What are the risks of buying a car with restrictions?

A car with a registration ban will not be able to go through the registration procedure with the traffic police. The new owner has ten days from the date of purchase of the car to do this. Otherwise, according to Article 19.22 of the Code of Administrative Offenses of the Russian Federation, the owner faces a fine of one and a half to two thousand rubles.

Driving an unregistered car threatens the owner with a fine of 500 to 800 rubles. If you are stopped again, the amount of the penalty will increase to 5 thousand rubles. The car owner also faces deprivation of his license for a period of one to three months.

How to remove restrictions on a car

In a situation where an unscrupulous owner did not inform you about the existing ban before purchasing, experts advise finding out what caused the punitive sanctions and which government agency initiated their imposition. A photocopy of the resolution must be issued to the MREO.

Then everything depends on the date indicated in the document. If you purchased a car before the foreclosure was imposed on the previous owner, you must write an application to the FSPP with a request to remove the restriction and submit papers that will serve as confirmation of your ownership rights (DCP). In many cases, this is enough to lift the ban. True, no one can guarantee that this will happen right away. You can hear many stories from unlucky customers with both happy and sad endings: for some it takes a day to lift restrictions, for others it takes months or even years. In any case, if representatives of the FSSP ignore your requests, contact the court for help.

If the DKV (purchase and sale agreement) has not been drawn up, you can:

• pay off the debt yourself (it’s good if we are talking about two or three thousand rubles, but what if about tens or even hundreds of thousands?);
• try to find the former owner of the car and demand that he pay off the debts that caused the ban or restrictions - this option is more of a fantasy, since finding the previous owner, especially if he does not want it or the car was bought in another region of the country, can be very difficult (and It’s not a fact that he will agree to pay the bills).

Remember that in order to cancel the restrictions, you must present the bailiff with papers confirming payment of the debt. After this, he must give you a document on lifting the ban, with which you need to go to the traffic police. The bailiff is also required to send a similar document there, but sometimes such sending takes quite a long time.

There are situations when the best solution is to file a claim to terminate the contract and return the amount paid to the seller. For example, in a situation if it turns out that a restriction has been imposed on the car due to its being in collateral. The basis for applying to the judicial authorities will be Article 450 of the Civil Code of the Russian Federation, which provides for the possibility of terminating the contract if one of the parties seriously violates the rules of the contract.

Checking the machine for prohibited registration actions

To avoid hassles when buying a used car, it is best to check the restrictions on the car before committing to a transaction. It is necessary to send a corresponding request to the traffic police or bailiffs.

To check with the State Road Safety Inspectorate, you will need to provide the registration details of the car: number, make, model, VIN, etc. To check a vehicle with the bailiff service, you need to know the passport details of the car seller. They will be used to search for debts to various government and commercial entities.

You can also check your car for restrictions on the Internet. Enter the license plate number of the car into a special search form on the website avtocod.ru. The check will take no more than 5 minutes. After this, the system will give you a detailed report with information about the presence or absence of restrictions on the right to register (section “Restrictions”).

The report will also provide information about former owners, fines imposed, accidents in which the car was involved, and other useful information.