Refused to replace body
New vehicle body: cannot be registered, scrapped
In August 2013, by order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605, the Administrative Regulations for the provision of registration services for vehicles and trailers (hereinafter referred to as the Regulations) were approved.
In accordance with the new Regulations, in case of replacement of the body, frame or destruction of the identification marking of the license plate unit of the vehicle, registration of such a vehicle will be denied. This rule is also enshrined in the draft federal law “On registration of vehicles in the Russian Federation” 1, which passed the first reading in the State Duma in December 2013. Let's try to figure out why the legislator plans to introduce such an innovation.
Owning does not mean driving
In order for a car to become not only property, but also a means of transportation, it must be registered.
In accordance with Part 3 of Art. 15 of the Federal Law of December 10, 1995 No. 196-FZ “On Road Traffic Safety”, admission of vehicles intended for participation in road traffic on the territory of Russia, with the exception of those participating in international traffic or imported into the territory of Russia for a period of no more than six months, is carried out by registering vehicles and issuing relevant documents.
Registration of motor vehicles with a maximum design speed of more than 50 km/h and trailers for them is carried out by the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia (clause 2 of the Decree of the Government of the Russian Federation of August 12, 1994 No. 938 “On state registration of motor vehicles and other types of self-propelled equipment on territory of the Russian Federation").
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Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605, which currently regulates the procedure for providing state services for registration of motor vehicles and trailers for them, came into force relatively recently (October 15, 2013), but has already managed to make a lot of noise. Let's try to figure out why.
Clause 24 of the Regulations vs Article 35 of the Constitution of the Russian Federation
Clause 24 of the Regulations provides for refusal to provide the state service for registration of vehicles (hereinafter referred to as vehicles) in certain cases, including:
- submission of documents or information that do not comply with the requirements of the legislation of the Russian Federation, as well as containing false information;
- submissions of vehicles whose design (or changes made to it) do not comply with the requirements of the legislation of the Russian Federation in the field of road safety or the information specified in the provided documents;
- detection of signs of concealment, falsification, alteration, destruction of identification markings applied to the vehicle by manufacturing organizations, or forgery of submitted documents, non-compliance of the vehicle and numbered units with the information specified in the submitted documents or registration data, as well as in the presence of information about the location of the vehicles, license plates on the wanted list or submitted documents among those lost (stolen);
- the presence of prohibitions and restrictions on the performance of registration actions imposed in accordance with the legislation of the Russian Federation;
- if, when changing vehicle registration data related to the replacement of numbered units, numbered units are presented with vehicles for which a recycling fee has not previously been collected or for which the vehicle manufacturer has not accepted an obligation to ensure subsequent disposal of the vehicle, with the exception of numbered units used in the kit Vehicles whose passports were issued before September 1, 2012.
In practice, the provision of paragraph. 5 clause 24 of the Regulations regarding the refusal to register vehicles whose body or cabin has been replaced, or the number on the frame has become unreadable, has led to the impossibility of their full use by their owners. In addition, such cars cannot be sold, gifted or inherited.
So, what problems did car owners encounter after the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605 came into force:
It has become impossible to replace an old body or cabin after an accident or due to its unfitness with new ones - registration will be refused.
Owners of frame cars, the number on the frame of which has become unreadable due to corrosion, are forced to use their cars until they completely lose their consumer properties.
Searching for stolen vehicles loses all meaning, since with “interrupted” license plates, a car returned to its rightful owner cannot be registered either.
In addition, it can be assumed that insurance company rates will increase sharply because insurers will need to compensate for their losses incurred due to the inability to sell previously recovered stolen cars, which become their property after paying insurance premiums to their previous owners.
All this leads to the fact that the legal owners of their movable property cannot use it to the fullest, as well as dispose of it by any means provided for by civil law. And this directly contradicts the provisions of Art. 35 of the Constitution of the Russian Federation and Art. 209 of the Civil Code of the Russian Federation.
As judicial practice shows, from time to time there are attempts to recognize the inconsistency of the provisions of paragraph 24 of the Regulations with the norms of current legislation. However, unfortunately, the courts do not support this point of view.
For example, in December 2013, citizen A.I. Kirsanov appealed to the RF Armed Forces. with an application for recognition of partially invalid paragraph. 5 clause 24 of the Regulations (case No. AKPI13-1387).
The plaintiff in his application indicated that the contested provisions of the normative legal act contradict paragraph 2 of Art. 1, paragraph 1 and paragraph 2 of Art. 209 of the Civil Code of the Russian Federation and limit the rights of owners to dispose of motor vehicles.
The court rejected the plaintiff's claims on the following grounds.
The regulations determine the timing and sequence of administrative procedures (actions) of officials of the State Traffic Inspectorate units at the district and regional levels, who are responsible for providing the state service of registering motor vehicles and their trailers.
The rights and freedoms of man and citizen in accordance with the Constitution of the Russian Federation can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state ( Part 3 of Article 55 of the Constitution of the Russian Federation). A similar provision is contained in paragraph 2 of Art. 1 Civil Code of the Russian Federation.
Article 209 of the Civil Code of the Russian Federation reveals the content of property rights. The exercise of ownership rights in relation to vehicles when used for their intended purpose has its own characteristics. The current legislation of the Russian Federation classifies vehicles as sources of increased danger, which necessitates the establishment of a special legal regime for them related to their technical parameters as objects that pose an increased danger to the life, health, and property of third parties, and are therefore subject to regulation by both civil and and administrative legislation.
State registration of vehicles in the divisions of the State Traffic Inspectorate is provided for in paragraph 3 of Art. 15 of the Federal Law of December 10, 1995 No. 196-FZ “On Road Traffic Safety”, as a prerequisite for the owners to exercise their property rights to cars.
Ensuring road safety is one of the main areas of police activity (clause 7, part 1, article 2 of the Federal Law of February 7, 2011 No. 3-FZ “On the Police”). To perform this function, the police are given the right to prohibit the operation of vehicles that have hidden, counterfeit, altered numbers of components and assemblies or counterfeit, altered state registration plates (clause 21, part 1, article 13 of the Federal Law of February 7, 2011 No. 3- Federal Law “On Police”).
The State Traffic Inspectorate is part of the police (subparagraph “d”, paragraph 1 of Decree of the President of the Russian Federation of March 1, 2011 No. 250 “Issues of police organization”).
The State Traffic Inspectorate, in order to fulfill its duties, has the right not to allow motor vehicles and trailers with hidden, counterfeit, altered numbers of components and assemblies or state registration plates to participate in road traffic by refusing to register and issue the relevant documents (subclause 3). » clause 12 of the Regulations on the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia, approved by Decree of the President of the Russian Federation of June 15, 1998 No. 711).
Taking into account the above, the court came to the conclusion: the applicant’s arguments that the provisions of paragraph. 5 clause 24 of the Regulations, which provide as grounds for non-provision of the state service for registration of motor vehicles and trailers for them, detection of signs of concealment, falsification, alteration, destruction of identification markings applied to vehicles by manufacturing organizations, contradict current legislation and limit the rights of owners at the disposal of vehicles belonging to them are insolvent.
Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on November 4, 1950, provides that every natural or legal person has the right to respect for his property. The contested provisions of the Regulations do not contradict the norms of international law, since the state registration of vehicles, as well as the refusal to register them, provided for by Russian legislation, are a form of administrative control in order to respect the rights of citizens and guarantee their property interests.
Thus, the Supreme Court of the Russian Federation, with its decision of February 26, 2014 No. AKPI13-1387, practically put an end to the dispute about the inconsistency of paragraph. 5. clause 24 of the Regulations to the current Russian legislation.
What to prepare for?
The draft federal law “On state registration of vehicles in the Russian Federation”, as amended, passed the first reading in the State Duma, provides as grounds for prohibiting the registration of a vehicle:
- lack of documents (information) certifying the vehicle’s compliance with the requirements of the legislation of the Russian Federation on technical regulation;
- impossibility of identifying the vehicle due to falsification, concealment, alteration and (or) destruction of markings applied by the vehicle manufacturer;
- replacement of a body, frame or component part of a structure bearing a vehicle identification marking;
- submission of false (forged) documents.
As you can see, the legislator no longer provides for refusal of registration actions, as is done now, but rather a ban.
As follows from the explanatory note to the bill, its adoption will improve the quality and efficiency of regulation of the scope of vehicle admission to operation and participation in road traffic, free the state from performing a number of unnecessary functions, will contribute to the development of the quality of vehicles put into circulation, and will indirectly affect the reduction in the level of accident rates and the state of road safety in general and will maximally exclude from circulation vehicles with a criminal past.
Undoubtedly, transferring the system of legal relations of the vehicle registration procedure into the sphere of legislative regulation is one of the important tasks for the effective interaction of all participants in this system.
But at the same time, the interests of ordinary vehicle owners, many of whom cannot afford to purchase a new car, should be taken into account first of all. The ability to replace the body or cabin of a vehicle that has become unusable as a result of an accident or other reasons, in some cases, is the only way to extend the operation of the vehicle. The bill prepared for adoption, unfortunately, no longer provides for such an opportunity.
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Refused to replace body
DenTM » Dec 27, 2013, 10:23 pm
Re: Refusal to register a replacement body
Vasilisa » Dec 28, 2013, 2:27 pm
Re: Refusal to register a replacement body
Vasilisa » December 28, 2013, 15:35
This is the point of the regulations, there is no prohibition on replacing numbered units. Only if the recycling fee has not been paid.
24. A public service is not provided for the following reasons:
submission of documents and (or) information that does not comply with the requirements of the legislation of the Russian Federation, as well as containing false information;
presentation of vehicles manufactured in the Russian Federation, including from structural components, items of additional equipment, spare parts and accessories, or imported into its territory for a period of more than six months, without submitting documents confirming their certification in accordance with the law Russian Federation, or confirming their release on the territory of the Customs Union without restrictions on their use and disposal or with customs restrictions established by customs authorities;
presentation of vehicles whose design or changes made to the design do not comply with the requirements of the legislation of the Russian Federation in the field of road safety or the information specified in the submitted documents;
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, as well as in the presence of information about the location of vehicles funds, license plates on the wanted list or submitted documents among those lost (stolen);
failure by vehicle owners to fulfill the obligation to insure civil liability established by the legislation of the Russian Federation;
the presence of prohibitions and restrictions on the performance of registration actions imposed in accordance with the legislation of the Russian Federation;
absence in the vehicle passport of a mark on payment of the recycling fee in accordance with paragraph 6 of Article 24.1 of the Federal Law of June 24, 1998 N 89-FZ “On Production and Consumption Waste”, or on the basis for non-payment of the recycling fee, or on the obligation to ensure subsequent safe management of waste generated as a result of the loss of their consumer properties by vehicles, undertaken by the organization - manufacturer of wheeled vehicles, included at the time of issuance of the vehicle passport in the register of organizations - manufacturers of wheeled vehicles that have accepted the obligation to ensure subsequent safe handling of waste generated as a result of the loss of their consumer properties by vehicles, provided for by the Rules for the acceptance by organizations - manufacturers of wheeled vehicles of the obligation to ensure the subsequent safe handling of waste generated as a result of the loss of their consumer properties by these vehicles, approved by Decree of the Government of the Russian Federation of August 30, 2012 N 870 “On the recycling fee for wheeled vehicles,” with the exception of wheeled vehicles for which vehicle passports were issued before September 1, 2012;
presence in the vehicle passport of the corresponding wheeled vehicle a mark on the acceptance of the obligation by the organization - manufacturer of wheeled vehicles, which was not included on the date of issue of the passport in the register of organizations - manufacturers of wheeled vehicles that accepted the obligation to ensure the subsequent safe handling of waste generated as a result of the loss of vehicles their consumer properties, provided for by the Rules for the acceptance by organizations - manufacturers of wheeled vehicles of the obligation to ensure the subsequent safe handling of waste generated as a result of the loss of their consumer properties by the specified vehicles, approved by Decree of the Government of the Russian Federation of August 30, 2012 N 870 “On the recycling fee in in relation to wheeled vehicles”, ensure the subsequent safe handling of waste generated as a result of the loss of their consumer properties by wheeled vehicles, with the exception of wheeled vehicles for which vehicle passports were issued before September 1, 2012;
if, when changing the registration data of wheeled vehicles associated with the replacement of numbered units, numbered units are presented from vehicles for which a recycling fee has not previously been collected in relation to wheeled vehicles or for which the organization that manufactures the vehicles has not accepted an obligation to ensure subsequent safe handling with waste generated as a result of the loss of their consumer properties by the specified vehicles, with the exception of numbered units used in a set of wheeled vehicles, passports for which were issued before September 1, 2012.
Re: Refusal to register a replacement body
DenTM » Dec 28, 2013, 7:54 pm
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 the body a part or not? Minsk resident was denied a replacement body citing impossibility of identification
Many people are accustomed to thinking that the body is a part of the car. That is, it can be replaced when it becomes unusable. Alexander’s story says that the traffic police think differently: if it concerns a monocoque body, and not frame cars or cars with a chassis. The inspectors explained: replacing the load-bearing body deprives the car of its original identification. According to the man, he was hinted that such a policy was working with gray schemes for the resale of used cars.
Alexander's story begins with an incident. His Volkswagen T4 (1993) burned down near Dreamland in December last year. The flames quickly engulfed the car. The cabin was completely engulfed in flames. People with fire extinguishers tried to help, but nothing could be done: the fire was very strong. The fire was extinguished 11 minutes after receiving the message. Unfortunately, little remains of the body of the minibus. This particular car was used as a family car by Alexander.
“Even during the fire, we were told that we could legally change the body, ” said the Minsk resident. “ We started looking into this issue and received verbal confirmation from some inspectors. We imported a body from the EU that is suitable for replacement in all respects. As a result, we wait a couple of months for something. There is no formulated refusal in the official letter from the traffic police. It is only written that the replacement of the body is carried out with the consent of the boss. At the same time, the document refers to excerpts from the Technical Regulations of the Customs Union. The essence is stated in the following phrases: “In cases where the identification number is applied by the manufacturer only to the body, replacing the body on such a car and installing a body from another car with a different number deprives the car of its original identification and correspondence to the vehicle in circulation.”
Alexander claims that in an oral conversation they explained to him the reason for the refusal: “Supposedly this position was developed after the order. It, in turn, was caused by the work of a gray outbid scheme. People bought a broken car in the Republic of Belarus, imported the body from the EU, assembled the car, and then put the assembled model up for sale at a price much higher than what was spent. From the outside, there is nothing illegal about this - except in cases of unregistered economic activity. . ”
“We are making the car for ourselves, we drove it for 10 years and it is not our fault that this happened with the fire, ” says Alexander. “ We want to do everything honestly and officially, pay all expenses. However, it seems that this is impossible. At the same time, you can identify the car by the number of the gearbox, engine - all this data can be obtained upon request from an official Volkswagen dealer. For a long time, replacing the body was quite common practice; such cars, including the T4, drive on our roads. As far as we know, according to Belarusian legislation, it is possible to replace the body (in accordance with the regulations on the procedure for registering vehicles of the Council of Ministers) with the main condition - the same brand. It seems that for cars that do not have a frame, the question of the application of this norm has arisen.”
Alexander intends to contact lawyers to draw up a letter to the State Traffic Inspectorate of the Ministry of Internal Affairs, which will outline the specific situation that his family faced, asking them to indicate the procedure for legalizing the replacement of the body.
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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.