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Car registration ban - what to do

Car registration ban

Car registration ban - what to do

Purchasing a used vehicle is always accompanied by a number of difficulties: checking the technical condition of the car, checking that the property belongs to the seller, checking the “purity” of the transaction, and so on.

Many “unscrupulous” sellers try to sell property that is prohibited by government agencies. What is a ban on registering a car with the traffic police and how to deal with the problem that has arisen?

First of all, it is necessary to understand the very concept of prohibition. So, a ban on registration actions is a measure necessary to solve problems with government agencies.

That is, if a ban is imposed on a vehicle, then the owner of the car can freely operate the car, but does not have the right to sell it, donate it, and so on.

A ban can be imposed:

  • judiciary;
  • Customs;
  • social services;
  • bailiffs;
  • other organizations having similar rights.

This measure is aimed at quickly and correctly resolving the situation and is, as it were, a stimulating factor.

The possibility of imposing bans on vehicles and other property is provided for by the Law “On Enforcement Proceedings”.

The traffic police authorities do not have the right to register vehicles with a ban in accordance with paragraph 3 of the existing registration rules (Order No. 1001).

Possible reasons

Most often, a ban is imposed as a result of:

  • presence of unpaid fines for violating traffic rules;
  • presence of transport tax debt, including penalties;
  • the emergence of disputes between spouses during a divorce;
  • violations of license plates installed on vehicle components;
  • accounts payable;
  • violation of the rules for importing vehicles into the territory of the state;
  • protection of the rights of minors;
  • violations of civil and criminal codes;
  • non-payment of utilities, accrued alimony, and so on.

To impose a ban on a car, in most cases, a court decision is necessary.

Separately, we can highlight the ban on registering a right-hand drive car. To clarify the issue, you need to refer to the regulations “On the safety of wheeled vehicles”.

Article 19 of this document states that such a ban does exist, but it applies exclusively to categories M2 and M3.

Is it possible to drive a car in this case?

If a ban is imposed, the car owner has the right to use the vehicle. The ban applies exclusively to procedures related to the alienation of property.

What to do to lift the ban on car registration

In practice, there are often situations where prohibited vehicles are sold. Moreover, the new car owner becomes aware of this circumstance only at the registration office of the traffic police. What to do in such a situation and how to lift the ban on car registration?

Restrictions on vehicles imposed as a result of property disputes can be lifted in two ways:

  • obtaining a document on lifting the ban from the organization that imposed the restrictions;
  • court decision.

The first method is considered the simplest and does not require much time.

To use it you need:

  • find out by which authorities and for what reasons the ban was imposed. To do this, you should personally or through the official website of the State Traffic Safety Inspectorate for clarification on the problem that has arisen. Traffic police officers are required to provide information and a copy of the resolution banning registration actions;
  • review the received document and find out the reasons for the actions of the authorized bodies. If the car owner agrees with the decision made, then the reasons for it must be eliminated as quickly as possible (pay debts, eliminate violations, and so on);
  • in a situation of full agreement with the decision to impose a ban, after fulfilling all the requirements, it is necessary to obtain a decision to cancel the document;
  • With the received document, you should independently contact the registration authorities of the traffic police to quickly cancel the previously created document. In some cases, the document on lifting the ban is received by the traffic police very late. Personal delivery of the decision will speed up the cancellation process as much as possible.

The second way to cancel a decision banning registration actions is to file a lawsuit in court. This method is most often used by buyers of cars with a ban, who for some reason do not have the opportunity to contact the seller of the vehicle.

To file a claim you must provide the following documents:

  • citizen's passport;
  • PTS with changes made when purchasing vehicles;
  • contract of sale;
  • a document received from traffic police officers with the reasons for imposing the ban;
  • receipt of payment of state duty.

The consideration of the case may take a long time, but as a result, the purchased car can be registered, since the ban will be transferred to other property of the former car owner.

In the event of a ban imposed by the customs service, it is also necessary to clarify and eliminate any disagreements that have arisen. Most often, such bans are imposed when using “gray” schemes for importing cars.

The most difficult problems to resolve are those arising from the protection of minors. Such restrictions are imposed by social protection authorities and may remain in effect until the child turns 18 years old.

Such restrictions can only be lifted through the court, or by providing the child with other, equivalent property.

Tips for buying a car

In order to avoid getting into an unpleasant situation when buying a used car, it is recommended to check not only the technical condition of the vehicle, but also the absence of prohibitions on registration actions with this car.

You can check information about the presence of restrictions on transactions with movable property:

  • at the traffic police department , which you can contact in person or online. When applying in person, you will need to fill out an application indicating the model and make of the car, license plates issued during the previous registration, body, frame, and chassis numbers. The application is reviewed in approximately 1 to 3 hours (in some cases, the verification process takes from 5 to 15 minutes).

In the request form that opens, indicate the vehicle’s VIN number or identification numbers (you can view information about the numbers in the vehicle’s passport or registration certificate).

Next, enter the numbers from the adjacent picture (anti-bot check) and after a short period of time (approximately 1 minute) receive the necessary information.

  • in the bailiff service. Information can be obtained by sending an official request (the procedure takes a lot of time, since in some situations documents have to be sent to other regions located far from the place where the transaction was made) or you can check it yourself online.

Also, when buying a used car, you need to check the availability and compliance of all documents with the actual unit numbers.

You should exercise extreme caution when providing a duplicate PTS. This may be due to the presence of a car loan, for which the car is collateral.

The ban on registration of motor vehicles is determined by existing registration rules and various codes of the Russian Federation (procedural, arbitration, and so on).

There are many reasons for imposing a ban on the alienation of a car, and some of them will be quite difficult to eliminate.

Video: Ban on registration actions canceled PTS registration

Source: http://provodim24.ru/zapret-na-registraciju-avto.html

How to remove restrictions on vehicle registration?

A ban on vehicle registration is imposed to motivate the vehicle owner to avoid violations and fulfill obligations.

This restriction does not allow the owner to re-register the car. Therefore, before you sell a vehicle, you should know how to lift the ban on registration of a car.

The sale transaction will take place only after full fulfillment of its obligations. For unscrupulous owners, sometimes this becomes completely impossible.

To avoid possible problems, you should understand what types of violations can lead to this, determine preventive measures and options for eliminating them.

Restrictions on vehicle registration in 2018 may be imposed by investigators, judicial authorities, customs and social protection authorities.

The essence of the ban

Before buying a car, you must check it for registration restrictions..

It often happens that immediately after purchasing a car, the fact that it is impossible to re-register it comes to light. To do this, it is important to understand what a ban on registration actions means.

Only a conscientious owner will not sell a car if there is a debt to government agencies.

You can check using the official website of the traffic police - http://tt.gibdd.ru or personally contact the MREO.

Sometimes people buy a car with one or even several restrictions. In this case, the car is not re-registered, but a general power of attorney is simply drawn up. Such a vehicle will cost much less, but there are some nuances.

The question immediately arises, what to do if you bought a car with a ban on registration actions . Sooner or later you will still have to re-register the car. But this will require a lot of time, nerves and money.

In order to solve the problem of arrest, you need to understand how to find out the reason for the ban. You will need to carefully study the document on the ban; there you can find out the reason.

If the owner’s fault is minor, then lifting the seizure will not be difficult. But a serious reason for the limitation, for example, a dispute over ownership, suggests that it is better to refuse to buy such a car.

To avoid problems, it is not recommended to buy a car that is subject to a ban. After all, registering property in your own name is not at all easy.

Who can issue a ban

The decision to impose a ban is made by the following bodies:

  1. By courts . This body uses prohibitory measures or restrictions in the case of resolving controversial issues regarding the ownership of a car or its division as property. This makes it possible to insure against the sale of the car until the court decision is made. A judicial restriction is applied when the vehicle is security for a property claim. Bailiffs have the right to impose a ban if there is a court decision, as a way of collecting debt from the owner. This could be a fine, unpaid tax, outstanding debt for utilities and other payments.
  2. Customs . The service may impose a ban in case of substitution or inaccurate data. Customs officers are competent to impose prohibitory measures if there is a suspicion that customs clearance of a car when imported from abroad was carried out incorrectly. For example, customs clearance of expensive cars was carried out under the guise of budget passenger cars, where illegal schemes were used.
  3. Investigative authorities in the event of a search.
  4. Traffic police . The basis for the ban is data on participation in a traffic accident, which resulted in damage to the areas on which the VIN code is printed, as well as areas where plates and nameplates are attached.
  5. Social protection authorities may impose a ban on actions to register a car in the interests of minor citizens.

Measures that restrict vehicle registration efforts will result in registration attempts being rejected.

This opportunity will only appear if the person who issued the restriction lifts the ban with the appropriate document.

Read also:  How to register a car

This procedure has its own characteristics. The main one is that each ban is lifted separately. If there are several restrictions, and they were all issued by different bailiffs, then there should be several decisions on the lifting of sanctions by each authority.

The court can lift the ban on vehicle registration. To do this, he must issue a corresponding resolution. Another way is to satisfy a complaint against a court decision by a higher judicial authority.

If restrictions are issued by the traffic police, they must remove them. The procedure is carried out during an inspection of the car by an inspector, during which he decides that the numbers on the components and assemblies have not been changed during the repair process.

Are there differences between arrest, prohibition and restriction?

Quite often, not only ordinary citizens, but also officials who have the right to impose a ban, arrest or restrictions do not distinguish between these concepts.

If a restrictive measure is chosen and applied incorrectly, the car owner can challenge it.

From a legal point of view, there are the following differences:

  1. Restrictions are prohibitions that deprive the car owner of the ability to exercise ownership. For example, in the case of pledging a car.
  2. A ban is a measure that prevents the owner from performing certain actions with his vehicle.
  3. Seizure is an inventory and imposition of a ban on the disposal of property. The arrest prohibits all actions in relation to the car.

Procedure for lifting bans and restrictions

What to do with a car with a registration ban depends on how serious the offense was.

The general scheme of actions looks like this:

  1. Initially, it is necessary to determine what measure was applied and for what. To do this, you can personally go to the MREO and get a copy of the resolution on imposing restrictions or use the traffic police website - http://tt.gibdd.ru.
  2. Having received the necessary document, it should be carefully studied to make sure that the violation that became the official reason for the ban was actually committed. When this is the case, then you need to eliminate the cause and pay off the debt. If a person does not agree with the violation, they can write a statement to the court and appeal the decision.
  3. The next step is to receive a document on the lifting of the restriction. They are removed by the organ that applied them.
  4. In the case when the problem needs to be solved quickly, it matters how long the ban is lifted - you should not wait and send a package of documents to the traffic police by mail. You need to take them yourself.

It should be noted that the duration of the ban has no limits. Restriction on performing registration actions with a vehicle without a statute of limitations. Therefore, in any case, it must be removed. After all, the restriction means that it will be impossible to re-register the car and, accordingly, to sell it.

Video: What to do if a car is restricted? Prohibition on registration actions

Is it possible to drive a car that is prohibited?

When purchasing a car, you should consider all possible nuances.

In most cases, a regular contract states that the car is not a lien and there are no restrictions on it. If the seller provides incomplete information regarding the purchased car, the contract can be terminated.

If a restriction is imposed due to non-payment of fines, then the question that interests many is whether it is possible to drive a car with a ban on registration actions, there is a positive answer.

You can drive this car freely, as fines and transport taxes will be sent to the seller.

You can also pay the debt yourself and register the vehicle. The likelihood of getting your money back is very small, even through court.

When the amount of the unpaid fine is quite large and the car is not secured, it is difficult to sell it. But it can be used until the former owner pays off the debts and cancels the registration.

After all, if it is not mortgaged, then it is the property of the buyer, even with long-standing fines. When the car is pawned, bailiffs can take it away.

Thus, you can drive a purchased car legally only when there is no prohibition on registration.

How to dispose of a car with a ban on registration actions

Drivers often ask whether it is possible to dispose of a car with a ban on registration actions..

In accordance with the legislation of 2018, the traffic police does not refuse disposal and does not issue permission for this procedure.

The owner has the right to dispose of the car at his own discretion. The exception is the imposition of registration restrictions, for example by judicial authorities.

Disposal is not prohibited, unlike registration actions. The car can be disassembled, burned, or put under a press.

But it will be impossible to deregister a scrapped car if there are registration restrictions until the authority that issued the ban is presented with proof of physical destruction of the property.

How long the ban is lifted depends on how serious the offense is. When purchasing a car, you need to carefully check all arrests and fines.

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Source: http://pravo-auto.com/kak-snyat-zapret-na-registratsionnye-dejstviya-s-avtomobilem/

All about the ban on car registration

Legal advice > Administrative law > Road accidents, traffic police, traffic rules > All about the ban on car registration

In order to motivate the vehicle owner to eliminate all violations or fulfill obligations, a ban is imposed on vehicle registration.

This ban prevents the owner from re-registering the car... It turns out that in order to sell the car, the owner of the vehicle will have to lift the ban.

In this case, the planned transaction for the sale of the car is postponed indefinitely until the unscrupulous owner fully fulfills his obligations, and sometimes even becomes impossible.

The essence of the ban on registration of vehicles

You can check whether there is a debt on the official website of the traffic police

A conscientious car owner will not sell the car if he has a debt to government agencies or other citizens.

Before you buy a car, you should check it for such prohibitions, because there are cases when money has already been paid for the car, but the fact comes to light that it cannot be re-registered.

You can even check on the official website of the traffic police or contact the MREO directly.

Of course, some people buy a car with a ban, or even several. Naturally, the car is not re-registered, but a general power of attorney is simply drawn up by the notary. Such a car will cost less, but not everything is so smooth.

There are some risks associated with the very nature of the power of attorney, and sooner or later you will have to re-register the car, which means you will have to spend a lot of time, nerves and financial costs associated with lifting the ban on car registration.

In principle, there is no need to be afraid of arrests if you know the reason for the arrest. You need to carefully read the document on the ban and find out the reason for the arrest there.

It is possible that the owner’s offense is completely insignificant and the arrest can be lifted without difficulty. If the seizure is imposed for serious reasons, for example, a dispute over the ownership of a car, then you should not buy such a car.

The ban on registration actions limits the owner’s right to dispose of his property, but he has the right to use the car.

Who seizes the car and who removes it?

Vehicle registration: there are always a lot of visitors here

The decision to impose a ban on registration activities with vehicles is made:

  • Courts (property disputes, fines, debts)
  • Customs (in case of substitution and inaccurate data)
  • Investigative authorities (search)
  • Traffic police (search, discrepancy of details)
  • Other bodies of the Russian Federation

From the list of bodies that have the right to make such decisions, it is clear that the reasons for the imposition of arrests are very different - from disputes over a car, to incorrect customs clearance, from unpaid taxes, to collateral. After such a decision is made, any registration actions with this property are prohibited until the day the arrest is lifted.

Such restrictions are lifted on the basis of a document from the authority that imposed it, confirming the absence of claims and the lifting of the ban. As a result, as many bans are imposed, as many removal decisions will be needed. For example, if the arrest was imposed by different bailiffs, then documents are needed from each in order to completely remove all restrictions.

How to remove the ban on car registration?

It is rare when a car owner does not know about his debts

If there are registration bans on the car, then the first thing you need to do is find out the reasons that led to the seizure. It also happens that the owner might not be aware of this fact, but this is rare. Typically, government agencies notify the owner and give him a chance to eliminate the cause on his own without imposing restrictions. Brief procedure:

  1. Get a copy of the decision
  2. Understand the reason or consult a lawyer
  3. Eliminate the cause
  4. Contact the authority that seized the arrest and prove the solution to the problem
  5. Pick up a document on lifting the ban
  6. Submit all documents to MREO

It is best, before starting all actions, to personally contact the MREO and obtain a copy of the arrest warrant. From this document, the cause of the overlap will become clear, which will need to be eliminated.

If the owner does not agree with this resolution, then it can be appealed in court.

When the owner is proven right in court, it will be easy to lift the arrest without unnecessary financial costs and you can immediately apply with the court decision to the MREO.

But more often than not, government agencies are not mistaken, which means they will have to eliminate the reason for the arrest. In most cases, this is debt repayment. After this, you need to collect documents that confirm the elimination of the problem and submit them to the arresting authority.

Based on the submitted documents, the official issues a decision to lift the arrest and returns the documents. All this should be sent to the MREO, this will speed up the removal procedure, otherwise you will have to wait until the authority sends a resolution there.

MREO employees check all documents and enter notices of removal into the register.

It turns out that you should carefully purchase a car, checking for arrests and fines. You should not be afraid of a ban on registration actions, because if the reasons are not serious, it will be quite easy to remove it.

You can check your car for registration restrictions using this video:

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Source: http://JuristPomog.com/administrative/traffic-police/vse-o-zaprete-na-registratsionnye-dejstviya-avtomobilya.html

How to remove a ban or restrictions on car registration?

A ban on car registration is a measure that encourages the car owner to eliminate the violation for which the ban was imposed, or to fulfill their obligations. This article will help you understand the reasons for the imposition of prohibitions and restrictions, and will also explain how they can be removed.

Read also:  Which alarm system with auto start to choose

Who imposes a ban on registration actions?

Who removes restrictions on vehicle registration?

The procedure for lifting restrictions and bans on cars

Arrest, ban, restrictions - are there any differences? 

Who imposes a ban on registration actions?

In accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 of November 24, 2008 “On the procedure for registering vehicles,” one of the grounds for refusal to perform registration actions with motor vehicles is the presence of prohibitions and restrictions that can be imposed:

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  • courts,
  • investigative authorities,
  • customs authorities,
  • social protection authorities,
  • other bodies in accordance with the legislation of the Russian Federation.

For example, the courts resort to this measure if a dispute arises over the ownership or division of a car. And this is done so that it cannot be sold before a court decision is made.

The restriction can be applied when pledging a car as security for a property claim. 

The bailiff has the right to impose a ban if he has a court decision to collect any debt from the car owner (unpaid fine or tax, unpaid rent, etc.). Bailiffs can also apply a ban if the owner of the car fails to pay child support.

Customs authorities resort to a ban if they suspect improper actions in customs clearance of a car imported from abroad. For example, when luxury VIP cars are cleared through customs according to illegal schemes like ordinary cars, with the aim of more profitable further sale.

Social security authorities may impose restrictions on registration actions in favor of minors. Prohibitions are also applied by the traffic police investigation departments if employees have information that the car was involved in an accident in which the areas where the VIN code was applied, the mounting of plates and nameplates were damaged.

Who removes restrictions on vehicle registration?

If such restrictive measures are applied to your car, you will be denied any registration actions with it.

According to paragraph 45 of Order No. 1001 of the Ministry of Internal Affairs of the Russian Federation, they will become possible only after the body that imposed these measures issues a document indicating the absence of restrictions or prohibitions.

Moreover, each punishment must be lifted separately: for example, if they were applied by several bailiffs, each of these bailiffs must issue their own resolution to remove their sanction.

The ban can also be lifted by a court decision (decree) or upon a complaint against a court decision if it was satisfied by a higher court. The bans imposed by the investigation department of the traffic police are lifted by it itself after inspecting the car, after the inspectors are convinced that the numbers of components and assemblies have not been changed during its repair.

The procedure for lifting restrictions and bans on cars

So, your car is subject to restrictive measures. What to do? First of all, don't panic. It is quite possible that the offense for which they were imposed is quite minor, and the issue will not be difficult to resolve. But even if things are more serious, you shouldn’t give up. In general, the scheme for removing bans and restrictions on cars is as follows:

Download sample protocol
  1. We find out exactly what measure was applied and why. This can be done in several ways: in absentia through the websites of the State Traffic Safety Inspectorate and the Federal Bailiff Service, or by personally visiting the MREO, where you will be given a copy of the relevant resolution on the imposition of a particular prohibitory measure or a protocol on the imposition of such a measure.
  2. We study the document and make sure that the violation that caused the ban or restriction was actually committed. If you do not agree with the decision, you should appeal it. If everything is correct, it is necessary to eliminate the reason for the ban and pay the incurred debt.
  3. We receive a resolution to lift the restrictive measure on a car from the body that applied it.
  4. In order to quickly resolve the issue, it is better not to wait until the authority that lifted the ban sends the documents to the traffic police (this may not be very soon, or they may even be forgotten), but to independently take there a copy of the payment document and a copy of the resolution to lift the ban.

Arrest, ban, restrictions - are there any differences?

Speaking about the lifting of bans and restrictions on registration actions with property (and the car, of course, is part of it), one cannot help but raise one interesting question: “arrest”, “ban”, “restriction” - synonymous words or something like these are the concepts different? As a rule, ordinary people do not see the difference between them. From a legal point of view, there are differences.

Thus, restrictions are understood as prohibitions that deprive the owner of property of the opportunity to exercise ownership (or any other rights) to it. Restrictions are spoken about, for example, in the case of pledging a car, renting, arrest, etc.

A ban (or sometimes the word “prohibition” is used) is a measure that is established by the relevant authorized bodies and prevents the owner from performing any certain actions in relation to his car.

The seizure of property, according to Article 51 of Law 229-FZ of October 2, 2007 “On Enforcement Proceedings,” means its inventory and the imposition of a ban on its disposal.

A seizure may also be imposed by the court on the property of the defendant to secure the claim.

Thus, a ban is a narrower concept than an arrest: a ban prevents the commission of any specific actions with property, while an arrest prevents everyone completely.

Now we will explain why we focused your attention on these subtleties.

The fact is that, oddly enough, not only ordinary citizens do not distinguish between these concepts, but sometimes even the officials themselves, authorized to impose a ban, arrest or restriction, identify them.

If a restrictive measure is chosen and applied incorrectly, the car owner has every right to challenge it: such judicial precedents already exist.

Source: http://nsovetnik.ru/zaprety_i_ogranicheniya/kak_snyat_zapret_ili_ogranicheniya_na_registracionnye_dejstviya_avtomobilya/

How to register a car with restrictions on registration actions - DRIVE2

Let's start with a disclaimer: I'm not a lawyer, I'm just sharing my experience of fighting the obviously most incompetent part of our state - bailiffs and traffic cops. I don’t want to pay salaries to such “employees” from my taxes! The actions of the gentlemen described below in uniform can easily be qualified as negligence.

Tip one: check the cars you want to buy. Check not only for theft and search, but also for restrictions on registration actions. Sometimes bailiffs impose restrictions on previous owners, and this can be in completely remote regions. And you will have to run.

This is exactly the situation I found myself in.

So, here's the story.

In October 2014, my future BMW Z3 Coupe was sold by the first owner (Mrs. Kovalchuk) from Moscow to the second owner in St. Petersburg. Re-registered on October 12, 2014.

Despite this, the capital's bailiff Zhanna Avramova on June 9, 2015 imposed a ban on registration actions due to Kovalchuk's unpaid state duty of 1,701 rubles 53 kopecks. On a car allegedly still belonging to the said citizen (former owner).

Bailiffs don’t check traffic police databases, why? It's much easier to look at outdated data on your computer. And do it as it is more convenient. It’s good that I didn’t sell the vehicle for the sake of state duty)))

No one picked up the phone number listed in the ban list for a whole week. Try calling the Golovinsky department of the SSP sometime in your spare time, it’s still fun. But still I found Mrs. Avramova. She had just returned from vacation. I sent her by courier copies of the PTS, STS and a certificate from the traffic police from the current owner.

Tip two: bring all the documents to the bailiffs personally, starve them out, don’t leave until they do what they are obliged to do. Otherwise, your efforts will drown in the sea of ​​their laziness and supposed busyness. They are champions at this!

Of course, neither a week nor two weeks later the matter had moved nowhere. Either the office didn’t transmit it, then call back later. It came to personal contact - I specially came to see her in Moscow.

Moon-faced bailiffs receive unprivileged citizens twice a week on weekdays. Well, it’s nice when everything is for people. In the allotted time window, I manage to receive a resolution to lift the ban on registration actions. Dated back to December 4, 2015. That is, the bailiffs realized after six months that they had made a mistake and corrected themselves. Commendable?

This resolution was sent to the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow. But there, apparently, they decided to put a large and thick pencil case on it. Nobody erased the ban from the database.

I come to my local fighters against car enthusiasts. I submit the resolution out the window in anticipation...

“Well, what are you doing,” the officer at the window says to me. One was cancelled, but the other wasn't?

Um, were there two of them?

Tip three: do not trust either the bailiffs or the traffic cops. Their job is to minimize their own bodily and mental flutters. They may not tell you how many restrictions there really are, and you will continue to run until they end. The best option is to immediately go to the head of the line personnel and extract data from him.

The second ban was imposed by bailiff Zhanna Avramova on September 7, 2015 due to the second unpaid state duty of 994 rubles 40 kopecks. We are again looking for a resolution, which was similarly issued on December 4, 2015 and sent to the traffic police. And again no one erased it from the database!

I ask the bailiff: couldn’t you both give the document at once, since it’s like two identical cases with identical violations? He answers: you didn’t ask for a second one. Well, I didn’t even know! Let's see if there are any yet? No, he says, he almost swears on his mother. Let's remember this moment.

I come to the local traffic police again.

– So you have one more limitation, young man! Why are you handing us an incomplete set? - Calmness, what is this one more thing? Third?

- Well, also from Avramova!

Now, with the power of thought, I call Golovinsky SSP and almost obscenely ask Zhanna Timofeevna: you swore to me that there are no more restrictions! Am I a boy to you? I went to see you in another city twice, now for the third time? At the other end of the phone there was an invitation to come during office hours.

For the third time, Zhanna Timofeevna is looking for the resolution, but now she doesn’t find it. I, he says, didn’t do it. Who entered the data into the traffic police database? Holy Spirit?

We check by the order number. Well, exactly! Holy spirit, and in the world bailiff Ekaterina Dybina. In the SSP database - Dybina, and in the traffic police database - Avramova! Issues the very first resolution banning registration actions on April 6, 2015. For a fine of 3,000 rubles, the same citizen Kovalchuk))) And again, no one gives a damn that the car has not been registered with her for a long time. We are lifting the ban on November 24, 2016.

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This is the third time I come to the traffic police. I still remember November 30th. But a week and a half before this, another overly active police officer, Aleksey Syuzev, already from another department of the SSP - in the elite Central Administrative District, is taking out... Well, you already understand. The fourth ban on registration actions!

Traffic cops, dear ones! Have you seen me fight idiots three times? You saw that the car is already under a different owner? Maybe you will use logic and cancel these Jesuit prohibitions yourself? No, they say. We have no right. They have the right to wear a cap, but they do not have the right to ignore illegal decisions. How did it happen?

It felt like total bad luck, a punch in the gut and an impenetrable forest at the same time. But the one who gives up does not write these lines.

Tip four: do not delay registration after the ban is lifted. If fate finds you in another city, immediately go to the local traffic police (now this is possible) to inspect the vehicle and remove restrictions.

How exciting it was for me to search for this bailiff))) Civil servant Alexey Petrovich Syuzev issued a resolution and resigned))) Moreover, his former department moved. Even the press service of the SSP for Moscow did not know where. Well, the phone that was given to the traffic police, of course, was not going to be taken by anyone. Still on the move.

But this time the amount is much more serious - 27,450 rubles 28 kopecks. Debt to the Forestry Committee of the Moscow Region.

Around January I was tired of it all. Ok Google! Alexey Petrovich was found in the recruitment agency database. Looking for a job as a security guard (!). The phone number is paid, but it opens in the next browser window for free))) I call him, not yet knowing whether he is a bailiff or just a complete namesake.

- Alexey Petrovich, your colleague is bothering you, in enforcement proceedings two-three-two-two-two-three. When will you be there? Oh, they quit... And who is behind you? Yeah, bailiff Kamil Magomedov... And what is his address?

And so on.

Do you think the proud bailiff Kamil Shamilyevich Magomedov needs to clean up the messes of his former colleagues? We go to the boss, show the three previous prohibitions, and gently ask if they have iced up? How can I help you? Maybe a complaint to the right authority? And what? There is nothing to lose, the car cannot be registered for six months, and no one is to blame.

This gives the process a good boost, and soon I have the document.

By that time, the stars had aligned in such a way that it was very convenient to re-register in Moscow. Four battles have been won, the goal has been achieved. Zetka officially changed its owner, and much faster than it could have happened at my home.

However! No one can guarantee that the valiant bailiffs will not wake up from a hangover again and impose another ban for the sins of the same citizen Kovalchuk, who was the first owner of my car in Russia. Vaccinations against carelessness have not yet been invented!

Source: https://www.drive2.ru/b/469437864942240016/

Autocode - official website. Checking a car according to state standards. NUMBER or VIN code

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?

It could be:

  • Prohibition or restrictions of registration actions
  • Prohibition on undergoing technical inspection

Such a punitive measure was often used several years ago: after all, car owners have to undergo maintenance much more often than register a car, which means 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 government. 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 limit or ban government and for what? registration

The list of authorities is presented in the Order of the Ministry of Internal Affairs “On the procedure for registering vehicles” (No. 1001 of 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 lift 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. However, 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?);
  • trying to find the former owner of the car and demanding that he pay off the debts that caused the ban or restrictions is an option that 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.

Download the free book, Secrets to Buying a Used Car Safely.

You can also check your car for restrictions on the Internet. Enter the state 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.

Check the car right now!

Source: https://avtocod.ru/Vse-ob-ogranicheniyah-na-avtomobil

Car registration ban - what to do Link to main publication