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Today I will talk about a situation when someone sold a car under a general power of attorney, a tax comes in his name, he wants to get rid of this injustice, but does not know what to do in such cases.

A similar situation, when a general power of attorney issued for a car brings significant inconvenience to the former owner for years, is quite common today. After all, there are still a great many cars sold at the “general” price during the period when this practice was widespread.

And not everyone knows that taxes and fines coming on cars are the most harmless thing that can happen. After all, the principal, while remaining the legal owner of the car sold by proxy, bears full responsibility for it, which includes things much more serious and dangerous than the annoying repeated payment of transport tax for a stranger.

Incoming receipts for payment of “other people’s” taxes cause natural indignation because you do not have the right to refuse payment and will be punished if you simply give up on this problem.

But you pay the extra money not only for “that guy”, but also for yourself. After all, what does the state care about the fact that you conducted a purchase and sale transaction in a “gray” way?

Absolutely none! Do you agree?

In the jurisprudence of purchase and sale there is no concept of “general power of attorney”. But it was not always so!

Until 08/05/2000, the taxation of cars sold under the State Duma was regulated by the state, which also made a negative contribution to the popularity and wide distribution of such sales.

Article 357 of the Tax Code of the Russian Federation (NKRF) states that taxes on all cars for which a tax deed was issued before the entry into force of Part 2 of the NKRF of 2000 are required to be paid by authorized persons indicated by the principal in the power of attorney.

After the promulgation of the federal law on August 5, 2000, this provision was abolished for all powers of attorney executed from that date. And so, all the cars that were sold under the State Duma over the next 16 years are problematic in terms of taxation - it is not the actual owner, but the legal owner who must comply with it.

What to do?

Just a few words about the obligation to pay current car taxes, since many people misunderstand the legislative basis for this.

According to the law, taxation is directly tied to the registration of a car with the traffic police and in “virtual” form exists virtually regardless of the physical existence of the object of tax payment itself - vehicle(TS).

That is, it doesn’t matter whether you actually own a tax-exempt car or not, where it is located and in what condition it is, whether it even exists in this world, in the end. If there is an effective registration for the car, then taxes, and not only taxes, will be sent to the name and address of the owner in whose name this registration is registered.

And it doesn’t matter that you, for example, changed your place of residence, surname, etc. In this case, taxes will simply stop finding you for some time. But they will be charged, along with penalties for late payments. And then, one fine day, when you have already forgotten that you once had such and such a car, you will be unpleasantly surprised by the significant amount due that has finally found you.

Attention! Taxation of motor vehicles, in ordinary cases, is abolished only by removing it from registration accounting in the traffic police or re-registration in another name.

This is what you must remember. To get rid of taxes and other “joys of life” of the new owner coming in your name, you need to deregister the vehicle or have it re-registered. That's all.

But in reality, everything is far from simple here. Cases are different with different complications. Let's look at what options there may be.

Option one: contact the owner

This is not the most bad option. Usually this is where you need to start, even if you know in advance that nothing will come of it. It is very good if you still have effective contacts of your authorized representative for the State Duma. The algorithm of actions here is something like this:

• If you have a valid phone number for the buyer, then call him and try to come to an amicable agreement - convince the interlocutor to re-register the car in his name within a not very long period of time, with reimbursement of all expenses for taxes and other fees coming to your name .

• If it is not possible to call, then you need to write a registered letter to the address of the negligent owner with demands for immediate re-registration and compensation for damage. A registered letter must include notification. In the message itself, indicate that after the month has passed, you will take other, more stringent measures.

• It is best to find out the actual address of the real owner of the car from the traffic police, since the car could change several owners by transfer of trust. Keep all mail receipts and copies of the letter.

If there is no answer to your requirements, then you need to get to work deregistering the car yourself, without the participation of a trusted person.

Why was it necessary to do all these manipulations with the letter? And in order to present evidence of your persuasion to the court if a lawsuit is filed against you, which often happens after the owners take unilateral, more stringent measures.

Option two: self-deregistration of the car

If the power of attorney was issued before 2000

It must be said right away that if your power of attorney was drawn up before 2000, then in this case you can simply submit the State Duma to the tax office and they will make the appropriate note, after which all taxes will be sent to the name of the new owner.

However, everything that has already arrived in your name will have to be paid. Although, if there is any opportunity to retroactively claim your money from the principal, then you can take advantage of it.

Let's complicate the case: you have lost your copy of the State Duma. It's OK. Go to the notary office where it was compiled, and the notary will give you a new copy.

But with regard to all GD transactions after 2000, we need to act differently.

If the power of attorney was issued after 2000

You must immediately revoke your power of attorney:

• If the validity period has already expired, no one has contacted you, and your car is still rolling around somewhere, then this means that a fake renewal of the power of attorney was used. In any case, after the expiration of the period you set, there is no need to specifically revoke the power of attorney - it is no longer valid (Article 188 of the Civil Code of the Russian Federation);
• To cancel a valid civil deed, you need to notify the notary who compiled it in writing and he will take all the necessary actions;
• On your part, you are obliged to notify the authorized person in writing about the cancellation of the power of attorney by registered mail with notification (we keep the receipt and the receipt for sending);
• If you do not know the effective mailing address of the authorized person, then send a letter to the last address known to you and write a notice to the traffic police about the termination of your power of attorney.

After canceling the power of attorney, you can begin to directly deregister the car. This is done at the traffic police department and today you have two options to choose from:

• Terminate vehicle registration;
• Write off the vehicle due to disposal.

Termination of vehicle registration

This is a new opportunity whereby you can deregister a car upon application in connection with specific reason and then you can register the same car again, without any special difficulties.

How much does it cost? It's absolutely free! You only need to write a corresponding application (a sample of it will be given to you at the traffic police) in which you indicate effective reason deregistration.

IN in this case the reason is included in the list of effective ones and you will not be refused. They will ask you to present a civil passport (required) and all documents regarding the car and its sale that you still have.

But you can do without these documents by indicating in the application a special explanation that you lost them for some everyday reason (precisely for everyday reasons - there is no need to write down any thefts).

After this, the receipt of taxes will stop, and the car will be put on the wanted list. Then, perhaps, a careless buyer will ask you for a fee to help restore the registration of the car and vow to re-register it on the same day, concluding a normal sales contract with you.

Anyone interested can watch a useful video about those who come to the name former owner fines:

Write-off of vehicles due to disposal

This is the most severe option and should only be used if you have been seriously offended.

Using exactly the same scheme, you write an application for recycling to the traffic police. If you have a copy of the vehicle’s passport, then good, but you can do without it by writing something like “accidentally burned in the stove,” etc. After that, taxes will be blocked for you, and the vehicle, if found on the road , will be arrested and placed in the impound lot.

And here keep in mind the following:

• If you are really going to take revenge on your offender by recycling, then in your application you need to write that the car was disposed of by you personally and that it no longer exists physically (it was dismantled for spare parts/scrap metal). Then it will no longer be possible to restore the car from scrapping;

• If you are not so angry with the buyer because of your waste on him and admit the possibility of restoring the car with a waste of nerve cells and time as punishment, then write in the application as it is - the car was in trust. This means that the traffic police is obliged to find this car and dispose of it in accordance with the will of the owner. In this case, the possibility of recovery from disposal remains, although with difficulties.

OK it's all over Now. Now you know how you can independently and quite legally deregister a car that is in your name and get rid of taxes coming to your name.

Expert answer

Listen to the head of the legal department of the Federal Tax Service about what to do when the tax comes:

• You should know that a trusted person, if the car ends up in the impound lot, may decide not to pick it up. Then all storage costs will fall on you.
• Now it is possible to contact the traffic police online through the website. Such online requests are given official status.
• You can also, without deregistering the car, put the car on the wanted list, but under no circumstances report it as stolen because, if the buyer has a financial receipt or other document certifying the purchase, a criminal case may be opened against you under this article. for false accusations (Article 306 of the Criminal Code).

Conclusion

Well, friends, from everything written we can draw one useful conclusion: everything needs to be done on time! Previously, when there were no taxes on cars and the State Duma was in favor, there was no need to worry too much. But times change, laws change, and you need to try to keep up with these changes so as not to get into minor or major troubles.

Have you ever received tax on the car you sold? Did you come? Then tell us how you solved the problem - it will be very interesting and useful for everyone. Perhaps it is with your comment that I will supplement the article indicating your authorship

That's all, dear visitors. Subscribe to the blog, press the social media buttons, don’t get bored and wait for new publications!

Viewed 960 times
Asked 2012-10-03 16:00:40 +0400 in the topic "Car accidents" from Moscow

The owner of the car, who sold it to me under a general power of attorney, handed over the car for recycling! What should I do? But if in general the situation is this: I bought a car under a general power of attorney without ownership, or rather without re-registering it in my name. Regarding the payment of taxes, there was an agreement that I would pay it myself, or rather, the owner gives me a tax receipt and I pay. After driving the car for a while, I decided to sell it, it came in February. On the day of the sale, I contacted the owner and said that I was going to sell it, To which he answered me okay, I provided the details of the new owner. If you go by the numbers, I called the owner and sold the car on February 28, but as it turned out, it was handed over for recycling on February 25. It’s surprising that the owner withheld this information this time, and secondly new owner(the user) drove it for 2 months, only later it turned out that it was scrapped and the car was taken away from him. And I was left in the last place. This person threatens me that he will sue me and extort money to restore the car. But in fact, it’s already restored impossible, since long before the owner installed the left engine without documents. Kind people tell me how to behave in this situation, maybe someone has ever encountered this. I feel very uncomfortable in front of the current user, but no matter how hard I try I can’t help him return the car and I didn’t know that the owner could set it up like that. And is it really possible to hand over the car for recycling without the car itself?

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Answers (1)

Gennady Konstantinovich Kruglov

Usually, the car owner decides to dispose of the vehicle in following cases: 1) wear and tear/aging of a vehicle (motorcycle, truck, bus, trailer), which must be legally disposed of in order to avoid paying vehicle tax; 2) the owner sells the car by proxy to another person who verbally undertakes to pay transport tax, but after some time the new owner of the vehicle disappears and, accordingly, does not pay this tax. In both cases the best option for the car owner there will be disposal of the vehicle. How does this happen? In the first situation, you need to contact the traffic police at the place where the vehicle is registered with the passport of the owner of the car (motorcycle, truck, etc.) and write an application on the form to deregister the car due to disposal. You do not need to provide a vehicle. The second situation is also related to the payment of transport tax. To avoid paying tax on a car that you once sold by proxy, recycle it. To do this, you need to perform the same steps as in the first case. When the disposal date is set, the tax authorities will stop assessing tax. After disposal, the vehicle ceases to be one according to the documents. It is impossible to sell it, deregister it and undergo technical inspection, since a restriction appears on this car in the traffic police database. If such a vehicle is stopped by a traffic police officer, it is placed in an impound lot. There are times when a car owner wants to return a car from scrap for some reason. Then the recovery procedure occurs. The owner of the vehicle must appear in person at the traffic police department with a passport (notarized power of attorney). It is necessary to have the car at the inspection site at the traffic police in order to check the number plates. Next, the owner of the car (motorcycle, truck, etc.) is issued a new vehicle passport, since the previous one was disposed of, that is, it lost its legal force.

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• During marriage, a car was bought in my name. The divorce took place 3 years ago. her ex-husband drives it under general power of attorney.

— During marriage, a car was bought in my name. The divorce was 3 years ago. ex-husband drives it under general power of attorney... If you hand it over for recycling old car , you can not just get rid of old car

, and also purchase a new one according to the program.

Let's consider how to recycle a car, how to do it correctly, what is the algorithm of action. Let's get acquainted with all the necessary information. Disposal of a vehicle means its safe destruction. Machines are made of metal, plastic, glass, technical fluids . If you leave it and forget about it, over time harmful substances

will begin to enter the soil and atmosphere. Recycling involves the safe recycling of the vehicle. The car is being disassembled by employees special organization

, materials are sorted and sent for further processing.

1. To dispose of a car you must:
2. Deregister the vehicle with the traffic police. Most scrap vehicle collection points require a certificate of deregistration of the vehicle.

Drop the car off at a collection point. It is necessary to conclude a disposal agreement with the organization.

There are quite a lot of companies that deal with recycling. The service is provided free of charge. But sometimes a fee is charged for accepting a vehicle with a low mass (less than 800 kg).

• To deregister a car you need the following documents:
• Russian passport;
• vehicle registration certificate, vehicle passport, license plates;
• application in the prescribed form;

The vehicle is not provided for inspection.

• Disposal conditions:
• The vehicle was sold under a general power of attorney, but the new owner does not appear at the State Traffic Safety Inspectorate to re-register the car in his name (in order not to continue to pay transport tax, the seller of his car has to deal with extreme measures - the disposal procedure);
• car theft;
• eliminating accidents on the roads due to the difficulty of moving an old car along them.

Remember: if your car has been deregistered by the traffic police, you no longer have the right to drive it. Transport the car only on a tow truck.

Conditions for removing a car from state registration:

• recycling according to the state program;
• unlawful actions in relation to a car, theft;
• if the car buyer has not registered the car and does not intend to do so;
• leaving the country for a long time (then the owner registers the car in the country of residence).

• contact the traffic police in person, join the electronic queue;
• there is no need to deliver the old car to the traffic police for inspection;
• submit the completed application and documents;
• The car owner is given the necessary certificate.

The conditions and cost of the service are specified in each company separately. Representatives will ask you to provide them with a certificate from the traffic police.

Sample application

Let's look at a sample of filling out an application for recycling a car at the traffic police:

• indicate the exact name of the traffic police department where you are going to submit documents;
• underline the appropriate wording of the reason for deregistration of the vehicle (in connection with disposal);
• fill in the form from the vehicle passport with information about the make, model of the car, VIN number, state signs, year of issue;
• enter the passport details of the car owner, fill out information about the owner;
• rewrite the information about the vehicle in the required lines.

A power of attorney is a necessary document for deregistering a car if the car owner cannot visit the traffic police department himself. The document must be drawn up correctly.

In power of attorney from legal entity indicate:

A car owner who wants to scrap a vehicle can only submit a passport and a recycling application. But if for some reason he cannot carry out the procedure himself, he issues a power of attorney to his representative. Then the document is certified by a notary.

In power of attorney from individual are indicated:

• place, date of compilation;
• Full name, passport details, address of the principal and authorized representative;
• traffic police registration office;
• vehicle data;
• car passport numbers and registration certificate;
• validity period of the power of attorney;
• signatures of the parties.

Let's look at how to scrap a car under a special program and what documents are needed.

This special program was launched in 2010, but is still in effect. Target state program- increased sales growth domestic cars by providing subsidies for the purchase of new vehicles to replace old ones.

The main condition for participation in the program: you can only spend the funds you receive from handing over your vehicle for recycling to purchase a new car.

Other conditions in 2019:

• you must own the car for at least six months;
• Individuals and legal entities can participate in the program;
• new cars are not scrapped;
• the participant must have a Russian passport;
• a car cannot be recycled without a specially hired dealer (services can cost about 10,000 rubles).

According to the program, you can exchange a car, big car, jeep, bus. Maximum amount The discount is 50-350 thousand rubles.

Minimum amount for passenger cars, maximum for freight. As part of this program, it has already been possible to sell about 130,000 cars.

You can only purchase through the program limited quantity models: AvtoVAZ, GAZ, UAZ, several Volkswagen models, Opel, Nissan, Ford, SsangYong, Renault.

All documents are prepared by the dealer, who also enters into an agreement with the client to purchase a new car.

He issues a discount on the purchase of a vehicle in the form of a certificate or cash Money. Contact participating car dealers and trade in your old car.

Algorithm of actions:

• issue a power of attorney for dealership for scrapping an old car;
• enter into an agreement with the dealer, which states that you are handing over the car to the dealer for deregistration and disposal;
• hand over the power of attorney and the car, receive an acceptance certificate for the car.

The recycling program is only suitable for those who own an old car; no one uses it. You can get quite an impressive amount for it.

The state allocated about 10 billion rubles for recycling. The program has a limited duration, so it is worth applying early.

How to dispose of a car without documents and license plates? If you are the owner of a car, you have the right to write it off as scrap only with your passport. Other documents, including license plates, are provided if available.

How to dispose of a car at the traffic police without a car? The practice of selling vehicles has its drawbacks. Quite often, the new owner to whom you sold your car does not seek to pay transport tax, and does not re-register the car in his name within ten days.

Then the invoice for payment of transport tax will come to you, since you will remain the actual owner.

By registering the disposal of your car with the traffic police, you can get rid of unnecessary tax obligations. Go to the traffic police, write a statement of intent to scrap the car.

Afterwards, the car driven by the careless buyer, who refused to re-register the car in his name, will be stopped at the traffic police post, hit the base and sent to the penalty area.

After deregistering a vehicle for disposal, it is impossible to register it again.

Public services

You can recycle your car using the State Services Portal (https://www.gosuslugi.ru/category). Select “Vehicle registration”, then “Deregistration”, “Deregistration due to disposal”.

The application is completed in in electronic format. Enter the document data into it:

• Russian Federation passports;
• notarized power of attorney (for representatives);
• vehicle passports;
• certificate of registration or technical documentation of a motor vehicle or trailer;
• a document certifying ownership of a vehicle or trailer.

The application should be printed out and taken to the traffic police along with the state registration plates of the car. You need to select a convenient traffic police department, date, time, and make an appointment.

Do not be late for the appointed time, otherwise you may miss the line. Do not forget to take the original documents, the details of which were indicated in the application.

After the employee checks the documents, the vehicle will be deregistered for subsequent disposal.

Do I need to pay a state fee for the procedure? No, this service is provided free of charge.

But you cannot drive a deregistered car. Therefore, you will have to spend money on a tow truck to the car collection site.

According to Law No. 89, licensed collection centers provide recycling services free of charge if a recycling fee has been paid for the vehicle.

But you need to remember that the recycling fee is not paid for vehicles whose title was issued before 2012.

If the fee has not been paid, the owner will have to pay for the service at the company's rates.

Used car

Is it possible to purchase a used car through a recycling program? New cars are expensive, and discounts for purchasing them through the recycling program are small. But used cars are not included in the program.

The government finances the purchase of only new vehicles, as it supports the main goal of the program: stimulating sales domestic producers, which increase the number of cars sold, increasing tax contributions to the budget.

And then the recycling program is financed from it. For this reason, you cannot purchase a used vehicle under the recycling program..

If you are going to purchase a car, do not forget to check it for recycling.

The procedure for deregistration due to disposal is a fairly popular phenomenon among those who want to avoid transport tax on a car that is not in use.

You can check your car for recycling:

• through the traffic police website;
• Autocode;
• various Internet portals.

To check you may need:

• VIN code;
• body/chassis number;
• registration numbers.

Services may fail because sometimes data is not entered into the database. Therefore, checking online is not always a reliable way to find out whether a car has been scrapped, since sometimes vehicles are returned from scrappage. Then contact the traffic police immediately.

Video: Galileo. Car recycling (part 1)

Video: Galileo. Car recycling (part 2)

Bottom line

Car recycling is a safe recycling that prevents pollution environment, and also eliminates accidents on the roads due to the difficulty of moving an old motor vehicle along them.

To do this, you need to contact the traffic police, taking Required documents, and deregister the car.

There is no need to pay a state fee for disposal, but since you cannot drive a deregistered car, you will have to use the paid services of a tow truck to move the car to its destination.

You can also dispose of a vehicle under a special state program.

If you are the owner of a car, but you do not have license plates, documents for the car or the vehicle itself, you can still declare your intention to dispose of your vehicle and deregister it.

In connection with the entry into force of a new order of the Ministry of Internal Affairs on state registration of vehicles, the material has been updated

Date: 06/5/2019

According to paragraph 50 of Order No. 399 dated June 26, 2018, when canceling the registration of a vehicle, the owner of the vehicle is sent a written notice within 3 working days after cancellation of registration indicating the reasons and grounds for canceling the registration of the vehicle.

Registration documents (if available), vehicle passports (if available), state registration plates(if available) are handed over by the owner of the vehicle to the registration department of the State Traffic Inspectorate.

IMPORTANT! The owner of a vehicle has the right to retain state registration plates (with the exception of stolen or disposed of) provided that no more than 360 days have passed from the date of cancellation of registration.

For what reasons can vehicle registration be terminated?

Briefly speaking, registration is terminated in cases where traffic police officers find out that changes have been made to the design of the vehicle without permission. Towbars, unregistered gas equipment, unauthorized tuning, all this can lead to cancellation of registration.

Clause 51 states that:

“If the reasons that were the basis for canceling the registration of a vehicle are eliminated, its registration is carried out at the place of application of the owner of the vehicle with the issuance of new registration documents, new state registration plates (in the absence of those accepted for storage in accordance with paragraph 50 of these Rules) and a vehicle passport means (in the absence of an electronic passport).”

To restore your car registration you need:

Point #1: Eliminate the design changes that caused the registration to be terminated.
Point No. 2: Contact the nearest traffic police department to register the vehicle.

Thus, according to the new order of the Ministry of Internal Affairs, the only document requiring restoration is a new registration certificate (CTC).

What documents are needed to re-register a car:

1. Statement of the established form
2. Passport of a citizen of the Russian Federation
3. Document on the right to own a car: purchase and sale agreement
4. OSAGO insurance policy

You will need to pay a state fee for issuing a registration certificate - 500 rubles for a paper certificate / 1,500 rubles for the plastic version of the STS, issued from August 3, 2018), making changes to the PTS ( 350 rubles) and issuing numbers ( 2,000 rubles), if they have not been deposited and no more than 360 days have passed since the date.

Is it possible to get a 30% discount when paying state fees when restoring a vehicle through the State Services portal?

No, because such a service simply does not exist on a single portal

Second option for restoring registration

It is also possible to restore registration in court, provided that they were illegal. This is stated in Paragraph 52 of Order No. 399 on approval of the rules for state registration of motor vehicles and trailers for them:

“If actions to cancel the registration of a vehicle are recognized as unlawful (illegal), the restoration of the registration of the vehicle is carried out at the place of its cancellation based on the decision of the chief state safety inspector traffic by subject Russian Federation or the head of the Center special purpose road safety of the Ministry of Internal Affairs of Russia or on the basis of a court decision.”

In what cases, according to the new order, is the accounting restoration not carried out?

According to paragraph 3 of the Order

documents and (or) information are submitted that do not comply with the requirements of the legislation of the Russian Federation, as well as containing false information;
vehicles manufactured in the Russian Federation are presented, including from components structures, objects 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 legislation of the 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;
presented are 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;
signs of concealment, falsification, alteration, destruction of vehicle identification numbers, numbers of components and assemblies (body, frame, cabin, engine) identifying the vehicle6, or falsification of submitted documents, discrepancies between vehicles and numbered units with the information specified in the submitted documents were discovered, or registration data, as well as if there is information about the location of vehicles, numbered units on the wanted list or submitted documents among the lost (stolen), with the exception of vehicles with changed markings of vehicles and numbered units as a result normal wear and tear, corrosion, repair or returned to the owners or holders after theft, subject to their identification;
in relation to the vehicle, in accordance with the legislation of the Russian Federation, prohibitions and (or) restrictions on the performance of registration actions have been imposed;
There are no payment marks in the vehicle passport recycling fee or on the basis of non-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”7 or on the obligation to ensure the subsequent safe handling of waste generated as a result of the loss of vehicles by their consumer properties 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 vehicles' consumer properties, provided for by the Rules acceptance by organizations - manufacturers of wheeled vehicles of the obligation to ensure 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 in relation to wheeled vehicles"8 , with the exception of wheeled vehicles for which vehicle passports were issued before September 1, 2012;
in the vehicle passport of the corresponding wheeled vehicle there are notes 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 these 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"9, 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;
when changing the registration data of wheeled vehicles associated with the replacement of license plate units (body, frame, cabin), license plate units from vehicles for which a recycling fee has not previously been collected in relation to wheeled vehicles or for which the organization - manufacturer of the vehicles has not an obligation was accepted to ensure the subsequent safe management of 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;
it is impossible to identify the vehicle due to the replacement of the frame, body or component of the structure that resulted in the loss identification number applied by the manufacturer of the vehicle when it is put into circulation;
there is information about the death of an individual or information about the termination of the activities of a legal entity or an individual operating as an individual entrepreneur who is the owner of vehicles;
the state duty has not been paid or there is no information about its payment;
the vehicle's passport was declared invalid.

The material was written before the old order lost its legal force.

Many motorists have recently had a lot of questions related to the restoration of vehicle registration with the Russian State Traffic Safety Inspectorate after the vehicle has been disposed of. The fact is that after the administrative regulations of the State Traffic Inspectorate came into force, which changed the registration procedure vehicles and made changes to the rules for buying and selling cars, a practice developed that the traffic police authorities began to refuse car owners to restore the registration of the car after disposal. Fortunately, the Supreme Court of the Russian Federation prohibited the State Traffic Inspectorate from refusing to restore vehicle registration.

Why did the traffic police refuse to restore the registration of a car after disposal?

Point 13. Restoration of vehicle registration is carried out:

- in relation to vehicles deregistered for alienation - on the basis of vehicle passports or on the basis of confirmation of registration data at the location last registration Vehicle

- in relation to vehicles whose registration has been terminated due to export outside the Russian Federation - on the basis of registration certificates in which notes are made about deregistration in connection with the export of vehicles outside the Russian Federation, or on the basis of confirmation of registration data for place of last registration of vehicles

- in relation to discovered vehicles, the registration of which was terminated due to their loss or that were previously wanted - on the basis of confirmation of registration data at the place of last registration of vehicles

-in relation to vehicles whose registration has been terminated (cancelled) upon establishing the circumstances specified in paragraph 3 of these Rules - in the event of elimination of the reasons that served as the basis for termination (cancellation) of registration

- by decision of courts and other authorized government bodies.

Restoration of registration of scrapped vehicles, as well as vehicles whose registration has been terminated upon application by the owner or owner of the vehicle in connection with disposal, submitted to the registration department is not carried out..

It was the last line of the order of the Ministry of Internal Affairs that prohibited the restoration of registration records for citizens who had previously canceled their registration with the traffic police.

You may ask why people canceled their traffic police registration if they later want to restore their registration again? The fact is that many vehicle owners have canceled their registration due to a breakdown of the car, which can be repaired in short term don't have the opportunity. Many car enthusiasts, when their car suffered a serious breakdown, used to try to cancel the registration and sell the car for spare parts. It is worth noting that in such cases, the owners were not always able to sell the car for spare parts, and they decided to restore the records and repair the car.

In addition, in connection with the entry into force of the new traffic police regulations, which regulate the new rules for car registration (came into force on September 1, 2013), the State Traffic Inspectorate authorities have practically removed the concept of “removing a car from registration.” From now on, the car will be deregistered with the traffic police and receive transit numbers it is forbidden. A car can be deregistered only in one case (when the car is removed from the territory of Russia on the basis of a sale or purchase or other agreements in accordance with the Civil Code of the Russian Federation).

Of course, the simplified registration procedure with the traffic police has simplified the actions of many car owners when buying or selling a car. But at the same time, the abolition of the procedure for deregistering a car has led to many problems for those drivers who have not driven a car for a long time ( emergency vehicle, not used in winter time, not exploited due to deprivation of rights, etc.). Previously, such vehicle owners, in order not to pay transport tax, deregistered the car until better times. After the introduction of the new administrative regulations of the Traffic Police, it was not possible to save in this way, since the car cannot be legally deregistered.

That is why many vehicle owners, instead of deregistering the car, began to cancel (dispose of) the registration. Thus, they avoid paying transport tax.

But subsequently, many car owners encountered problems restoring their records. The traffic police authorities refused to restore the registration. registration after disposal, referring to the order of the Ministry of Internal Affairs of the Russian Federation No. 1001 dated November 24, 2008, in which paragraph 13 directly stated that the restoration of registration of a car that was previously disposed of at the request of the owner cannot be carried out.

Fortunately, not all drivers agreed with the decision of the traffic police and turned to the judicial authorities. As a result, the Supreme Court of the Russian Federation canceled the controversial 13th paragraph in the order of the Ministry of Internal Affairs (Decision of the Supreme Court of the Russian Federation dated 03/06/2014 No. AKPI13-1251 “On recognizing partially invalid paragraph seven of paragraph 13 of the Rules for the registration of motor vehicles and trailers for them”).

Thus, the Supreme Court of the Russian Federation declared it invalid from the day the court decision entered into force. legal force paragraph seven of paragraph 13 “Rules for registration of motor vehicles and trailers for them in the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation”, approved by order of the Ministry of Internal Affairs of the Russian Federation dated November 24, 2008 No. 1001, in the part that does not allow the restoration of registration of vehicles vehicles whose registration has been terminated at the request of the owner or possessor of the vehicle in connection with disposal, which have not been disposed of.

It is from this moment that any vehicle owner can easily restore the car’s registration after cancellation (disposal).

In addition, it is worth noting that cancellation of registration occurs at the request of the owner in the event of removal of registration from a vehicle for the purpose of disposal. But the intention of any owner does not mean that the car will be scrapped. After all, the plans of car owners do not always come true.

Including according to the letter of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia No. 13/5-229 dated October 18, 2011, a car is considered scrapped only after official confirmation of its actual disposal (as a rule, if the car is actually scrapped, the company receiving the car issues it for scrap official document confirming the complete dismantling of a used vehicle and disposal for recyclable materials).

What is the procedure for restoring registration with the traffic police?

In order to restore the registration of a vehicle that was previously canceled at the request of the owner in connection with disposal, it is necessary to re-go through the standard procedure for registering the vehicle with the traffic police. To do this, the car owner must submit the following documents:

1. Application in the established form addressed to the head of the registration department of the State Traffic Inspectorate

2. Identity card (Passport)

3. PTS (vehicle passport)

4. Vehicle registration certificate (if available)

5. MTPL policy (issued only after passing technical inspection)

6. Receipt of payment of the state fee for registration actions and registration license plates (RUB 2,000)

Including for registration actions with a scrapped car, it is necessary to provide the car for inspection by a traffic police officer to verify the license plate of the body and engine.

We remind you that to submit an application for registration actions You can contact the traffic police using the State Services portal.

Who can restore vehicle registration after disposal?

According to current legislation, only the owner of the vehicle can restore the registration of a car with the traffic police. Therefore, if you bought a scrapped car, then agree with the previous owner of the vehicle so that he drives up with you to the traffic police or issues you a general power of attorney (certified by a notary) for the right to restore the registration. After the car's registration is restored. Therefore, after restoring the registration, be sure to conclude a purchase and sale agreement with the owner of the car, which you will have to submit to the State Traffic Inspectorate for re-registration of the owner of the vehicle. Remember, if you enter into a purchase and sale agreement before the accounting is restored, your agreement may not have legal force.

Is it possible to return a car's original license plate after recycling?

According to the regulations of the State Traffic Safety Inspectorate and the current legislation, after receiving an application for disposal from the owner of the car, the State Traffic Safety Inspectorate deregisters the vehicle, canceling the license plates of the car. Therefore, after the registration of a scrapped vehicle is restored, new state license plates are issued.

How to register a scrapped car if there is no owner of the car?

If for some reason you have at your disposal a car (purchase agreement, donation agreement and for other reasons) that has been deregistered by the State Traffic Inspectorate and you want to restore the registration, but for this you need the owner of the vehicle (who is entered in the title) , but you don’t know its location, then you won’t be able to return the car’s registration.

We remind you that in order to restore registration, the presence of the owner of the car is mandatory or it is necessary to provide to the traffic police a notarized power of attorney with the right to restore registration (registration of motor vehicles with the traffic police).

What to do if you cannot find the owner of the car?

There are two options to solve this issue:

1. Contact the traffic police with an application to search for the owner of the car, having previously sent a telegram from the post office stating that you have found the car (yes, it’s better to write that you have found it). The State Traffic Inspectorate can help you find the owner of the vehicle. After this, you can resolve the issue of restoring your accounting.

2. If you think that the traffic police will not find the owner of the vehicle, then after sending a telegram and contacting the traffic police, file a claim with the court asking to recognize your ownership of the car.

If the State Traffic Inspectorate does not find the owner within 6 months, then the court may recognize you as the new owner. After this, you can easily restore your car’s registration with the traffic police.