At the end of March, Drom.ru took another step towards fair transactions - it connected verification of the reliability of basic data about the car through the traffic police database. In the ad, a traffic police report icon appeared next to the VIN field. Useful when choosing a used car.
Over the next two months of the service’s operation, it turned out that 7% of cars on sale are subject to some type of registration restriction, and often even the seller himself does not know about it. Most are due to minor fines and debts. We decided to compile a list of restrictions and instructions for removing them. In general, everything is simple, but in some places you will have to collect pieces of paper to prove that you are not a camel.
Recently, car owners are increasingly faced with a situation where they cannot fully manage and sometimes even use their movable property. Let's try to figure out what restrictions there are on actions with cars, where they come from, how to find out about them and what actions to take to remove them.
Types of restrictions
The main regulatory act regulating the concept of “restriction” as an incentive for a defaulter to fulfill his demand for payment of debts is the Law on Enforcement Proceedings No. 229-FZ. It provides for several types of restrictions, but only applies to vehicles in terms of seizure of the debtor’s property (Article 80).
Seizure of property, including a car, includes a prohibition to dispose of it, and, if necessary, restriction of the right to use the property or confiscation of property.
This measure is resorted to when executing a judicial act on seizure, when executing a judicial act on confiscation of property, or if it is necessary to ensure the safety of property that is subject to transfer to the claimant or sale. Moreover, the seized property may be owned by the debtor himself or by third parties. A driver most often learns about an arrest when his car is stopped by a traffic police officer and checked by a bailiff. If the debt is more than 3,000 rubles and there is a warrant of arrest, the bailiff has the right to seize the car and, after filling out all the necessary documents, send it to a special parking lot for safekeeping.
But much more common is a prohibition of registration actions in relation to a vehicle, although there is no direct indication of such a measure of influence in the Law. In the enforcement documents, the bailiffs refer to the same Article 80, interpreting the restriction of the right to use property by analogy with the prohibition of registration actions with real estate, in which the owner can only use the car, but cannot dispose of it.
But the traffic police has a document - Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 of November 24, 2008 “On the procedure for registering vehicles” - which states one of the reasons for refusal of registration: “the presence of prohibitions and restrictions that can be imposed by courts, investigative authorities, customs bodies, social protection bodies, and other bodies in accordance with the legislation of the Russian Federation.”
Due to the lack of a clearly described norm for prohibiting registration, confusion in concepts often occurs. But for users, “Ban on registration actions”, “Ban on deregistration”, “Ban on registration actions and passing the GTO” mean the same thing: the owner has debts, and until he pays them off or proves their groundlessness, he will not be able to do anything with the car except drive and maintain it.
Prohibition on undergoing GTO and disposal
Separately, it is worth considering the ban on undergoing state technical inspection. This measure was often used by bailiffs a few years ago according to an understandable logic - cars, as a rule, are changed less often than they undergo maintenance, which means there are more opportunities to ensure the execution of the writ of execution. But without a diagnostic card, you cannot buy an MTPL policy; therefore, the car owner will not be able to fully use the property and ensure its safety for others, which violates his rights and obligations. There were many won cases in the courts to lift the ban on undergoing technical inspection, and over time, the bailiffs began to leave in their decisions only the ban on registration actions.
Due to the prohibition of registration actions, it is impossible to dispose of the car. For this procedure, you need to deregister the car, that is, make changes about the owner, but the traffic police cannot do this due to a ban or restriction on registration actions. This applies to any banned vehicle, regardless of its age and technical condition.
Do not confuse the ban on registration actions and the cancellation (termination) of vehicle registration. If it turns out that the car was registered using forged documents, with altered VIN or unit numbers, or was wanted, then its registration is terminated, the documents and numbers are disposed of or put on the wanted list. An exception may be problematic vehicles that have been registered for more than 5 years. If the reason for termination of registration is eliminated or an appropriate court decision is obtained, the car can be registered again with new numbers and documents.
Another restriction that is not related to cars, but applies to drivers, is temporary restrictions on the debtor’s use of special rights (Article 67.1 of the Law on Enforcement Proceedings). This is the same “deprivation of rights” that is contained in several articles of Chapter 12 of the Code of Administrative Offenses and can be used as punishment for serious violations of traffic rules, as well as under Art. 17.17 of the Code on violation of this prohibition and as a measure of enforcement in case of non-payment of alimony. In addition, restrictions can be imposed on the entire remaining range of financial (the amount of debt exceeds 10,000 rubles) and non-property claims. For the same offenses, a restriction may be imposed on the debtor’s departure from the Russian Federation. Moreover, they can turn him around not only at the airport, but also at the border, to which he reached by car. In 2016, 2.3 million such restrictions were imposed.
Checking for restrictions. Who carried them out?
In order to find out the reason for the ban on registration actions, you need to find a resolution of bailiffs or other government agencies that specifies this measure. This information (number of the decision and the official who issued it) can be found out by personally visiting the MREO, when directly trying to register the car. The inspector will issue a copy of the relevant order imposing a prohibitory measure.
But it is much better to check the status of the vehicle on the traffic police website in advance. To do this, select the “Vehicle check” item in the right column, enter the VIN in the new window and select the “Check for restrictions” field at the bottom, request a check and enter a digital code confirming that you are not a robot.
If everything is in order, a message will appear that no restrictions were found. If they are, then a window will appear in which the car model, its year of manufacture, the date the restriction was imposed, the region in which it was done, and most importantly, who imposed the restriction and what it is, will be indicated.
Most often this is a ban on registration actions imposed by a bailiff. In this case, you need to go to the website of the Federal Bailiff Service and check yourself for the presence of initiated enforcement proceedings. If the case is found, then it indicates for what debts the proceedings were initiated, as well as the details of the bailiff with whom the closure of the case should be discussed. If there is nothing on you, then you need to remember the names and dates of birth of the previous owners of the car, since due to old databases they are listed as debtors, and the ban on registration applies to the new owner, that is, you.
The restriction can also be imposed by other authorities: courts, customs, investigative authorities, social protection authorities, etc. To clarify the circumstances of the ban, you need to contact them.
Reasons for the restriction
Fines
The most popular reason for starting enforcement proceedings is unpaid fines for traffic violations. After the 60 days established for paying the fine, the traffic police have 10 days to transfer the data of decisions for which payment was not made to the bailiff service. They also have 2 years to initiate and execute enforcement proceedings. In 2016, 23.8 million such cases were initiated, and the number of actually executed decisions on the collection of fines amounted to 17.4 million.
Debts on transport tax, rent or alimony
Enforcement proceedings with a ban on registration can be initiated for transport tax debts. Moreover, the amount can be absolutely any, even 1 ruble, since the law does not have restrictions on the minimum debt under which restrictions can be resorted to. The same rule applies to debts for rent, alimony and other obligatory payments.
Dispute over ownership and division of the car
The courts may resort to a ban on registration actions if a dispute arises over the ownership or division of a car. This is done so that it cannot be sold before a court decision is made.
Insurance companies and customs
Insurance companies can enforce their demands by imposing a ban when the amount under compulsory motor liability insurance is not enough to restore a car damaged in an accident, and a recourse claim is filed against its owner - the culprit of the accident. Customs officers may also prohibit the registration of a vehicle, during the import of which illegal actions may have been committed.
Car - collateral
If the car is the subject of collateral and the time has come to secure it, or the owner simply has large debts on loans, or his property has been transferred to third parties by court decision, then arrest is already applied as an enforcement measure. In the future, the car can be transferred to a new legal owner or sold at auction to receive money to pay off the debt.
Lifting the ban
I agree with the requirements
Depending on what type of debt became the basis for the ban, the owner can act in two ways. If he agrees with the demand or its amount is such that it is easier to pay, you need to inform the bailiff of your readiness to repay the debt or pay everything in advance and provide him with documents confirming payment.
I do not agree with the requirements
If there are objections, the actions of the bailiff can be appealed in court or with a higher official. This can be done by violating or creating an obstacle to the realization of rights and freedoms, or by proving the groundlessness of imposing an obligation or holding them accountable. A sample complaint is available on the FSSP website. It must be borne in mind that only 10 days are given for appeal from the date of the issuance of the restriction order. If you miss the deadline, you must additionally submit an application for restoration of the deadline. The entire appeal process can take a long time, which is not always beneficial to the owner. In addition, there is no guarantee that a higher official or court will side with the applicant and lift the restrictions. This, for example, never happens if the new owner is a bona fide purchaser, and the previous owner concealed or did not know about the restrictions imposed. Otherwise, everyone would buy cars on credit and sell them before the end of the payments.
“... the number of enforcement proceedings, the decisions to initiate which were canceled, has also increased - from 1.2 million to 1.9 million, of which 1.6 million were initiated on the basis of executive documents for the collection of administrative fines, and this is mainly due to payment fines before initiating enforcement proceedings. At the same time, in terms of paid fines from the traffic police, the number of decisions submitted to the Service increased from 925 thousand to 1.3 million. This issue represents a serious problem, which, despite the measures taken, has not yet been resolved and leads to a violation of the constitutional rights of citizens.” .
Final report on the results of the activities of the Federal Bailiff Service in 2016.
The bans imposed by the investigation department of the traffic police are lifted by it itself after inspecting the car, when the inspectors are convinced that the numbers of components and assemblies have not been changed during its repair.
The restriction of a special right ends after the period of restriction established by the court has expired. In case of deprivation, in order to obtain a new driver's license, the driver must pay all fines and pass a theoretical exam on knowledge of traffic rules.
Memo: what needs to be done to lift the ban on registration actions?
1. Find the document on the basis of which the restriction was issued. There may be several resolutions, they are issued by different authorities, so you need to contact each of them separately. If the bans are imposed by different bailiffs, then each bailiff must lift his own sanctions.
2. After finding out the reason, you should take action to eliminate it: pay a fine, debt, etc. Or get a decision from a court or a higher official that cancels the restriction order. In this case, it is important to obtain proof that the reason has been eliminated - receipts in case of payment or an appropriate decision.
3. Provide the bailiff or representative of another body, on whose initiative the restrictions were imposed on the vehicle, with evidence that the reason that led to this has been eliminated.
4. In the enforcement document, the bailiff makes a note about the full fulfillment of the requirement and issues a decision to terminate the enforcement proceedings. Or a similar action is carried out by a representative of another government agency initiating the ban. Whichever body imposed the ban lifts it.
5. The bailiff must, within one day, transfer information about the completion of enforcement proceedings to the body that fulfilled the requirements for establishing restrictions. But in practice this takes more time.
6. Provide the received resolution from the bailiff or an employee of another body, the court decision and copies of payments to the MREO department to record the fact of lifting the ban.
According to paragraph 45 of Order of the Ministry of Internal Affairs of the Russian Federation No. 1001, registration actions will become possible only after submitting to the traffic police a document indicating the absence of restrictions or prohibitions.
“Please note that the process of lifting bans on registration of vehicles may take a certain amount of time (depending on the congestion of communication channels between the Bailiff Service and the State Traffic Inspectorate).”
General provisions on lifting bans on registration actions in relation to motor vehicles.
To sellers:
When selling a car, to avoid unpleasant situations, it is best to check your vehicle for restrictions in advance. This can be done on the websites of the traffic police and FSSP services. It is also better to pay fines, taxes, utility bills, and alimony on time.
Buyers:
Before making a transaction, check the car by VIN and all other possible parameters on the traffic police website, and its owner for debt - by last name, first name, patronymic and date of birth on the FSSP website. If there are debts, then you should pay the seller only after the vehicle has been re-registered by the traffic police. You can also check the car for collateral using the VIN number in the “Information about the collateral” section. It is worth refusing to purchase a vehicle for which a duplicate title has been issued (the original may be in the bank). After purchasing, do not delay registering the car - if the previous owner has problems, it is easier to solve them in the place where he lives.