Seizure of a vehicle (VV) is a type of property seizure. In general terms, it implies restriction of the rights of the owner or possessor to dispose of a seized vehicle.
At first glance, this formulation does not seem complicated or unclear. However, the arrest of a vehicle is a rather confusing legal area, since this measure is used by different authorities for different purposes, which is regulated by different legislation.
Therefore, the concept of seizure of cars is not unambiguous - it implies a number of sanctions, the consequences of which differ significantly from each other and not all of them relate to purchase and sale. Let's briefly look at what's what in general terms.
Who can seize a car?
First of all, you need to understand that a car, being a financially and legally complex object, creates several areas at once in which a problem may arise, leading to an arrest.
The car is simultaneously considered:
- Object of increased danger, requiring compliance with certain rules of use and design;
- Object of proprietary ownership with a high value, which can be used as security for various obligations and indemnities.
In this regard, arrest sanctions (AS) on vehicles can be applied by the following interested authorities:
- Judicial (including executive service);
- Registration (State Traffic Safety Inspectorate);
- Investigative;
- Customs;
- Tax authorities.
From this list, we are only interested in judicial and registration authorities working in conjunction. Other authorities also have the right to impose AS, but they are specific and apply if the vehicle is:
- Physical evidence criminal proceedings;
- An object violating the customs regime import/export of foreign goods;
- Object of recovery for tax debt.
In all three cases, the vehicle is confiscated and placed in a subordinate special parking lot. Moreover, the AS can be applied directly by these authorities - bypassing a court order.
Attention! Tax authorities have the right to seize vehicles without a court order only from legal entities with critical tax debts.
What does arresting a vehicle mean?
The imposition of AS on a car, depending on the circumstances of the case, can have different modes and consequences. There is often confusion about the type and level of sanctions applied. Moreover, not only ordinary motorists, but also officials may have an erroneous idea.
The fact is that the concept of “arrest” often covers a number of different sanctions for vehicles:
- Detention;
- Prohibition of exploitation;
- Limitation of registration actions.
We are interested in the last point, because this is what drivers call arrest (the first two are called “removal of license plates” and “penalty”) and in most cases it is a problem when buying and selling.
But I will briefly focus on the first two. Pay attention to the lists of articles of law for each case - it happens that inspectors make mistakes, confusing provisions and imposing sanctions that are not required. Knowing which articles refer to what, you will be able to determine whether the traffic police squad acted correctly.
Car detention
This is placing a car in a specialized parking lot for some violations or until the related circumstances are clarified.
For example, the traffic police service, according to Art. 27.13 (Administrative Code of the Russian Federation), can send a car to an impound lot under the articles of the Code:
11.26; 11.29 p. 1; 11.29 p. 2; 12.3 part 1; 12.5 part 2; 12.7 part 1; 12.7 part 2; 12.8 part 1; 12.7 part 3; 12.7 part 4; 12.16 h. 4; 12.19 p. 3; 12.19 hours 3.1; 12.19 hours 3.2; 12.19 hours 4; 12.21.1 part 1; 12.21.1 part 2; 12.21.1 part 3; 12.21.2 part 1; 12.26 p. 1; 12.26 p. 2; 12.27 p.m. 3.
Among other things, this is driving while drunk, without a license, parking in the wrong place, etc.
Prohibition of car operation
Drivers usually call a ban on operation the removal of license plates (now license plates are not removed, but they can confiscate the registration certificate - STS).
This is the deprivation of the car’s right to travel on public roads until the reasons that caused the ban are eliminated. There are also many reasons for this, according to the Civil Code:
These are articles – 8.23; 12.5 part 3; 12.5 hours 3.1; 12.5 hours 4; 12.5 hours 4.1; 12.5 hours 5; 12.5 hours 6; 12.5 hours 7; 12.4 part 1; 12.4 part 2; 12.4 part 3; 12.37; 12.1 part 2.
Among other things, these are: non-compliance of the exhaust content with environmental standards, non-compliance of glass tinting with accepted standards, prohibited design changes/additions, etc.
Limitation of registration actions
Some people call the restriction of registration actions the seizure of the right to dispose of property. Both concepts mean the same thing - the imposition of restrictive and sometimes prohibitive sanctions on the exercise of the owner’s property rights in relation to the car. That is, the owner will not be able to carry out registration operations with the car, including even technical inspection.
Arrest sanctions are imposed, as a rule, through a court order and notification of the traffic police. However, a ban on registration actions can be initiated without a trial:
- If vehicle marking plates are damaged, the traffic police acts independently (search department);
- When executing a court decision by executors (not in all cases);
- During raids to identify persistent non-payers of fines - when the traffic police and the FSSP (Federal Bailiff Service) act together.
In the vast majority of cases, arrest restrictions are applied due to the financial component.
This could be a measure:
- Forcing payment of debt;
- Provisional procedure of courts in property disputes.
Compulsion to pay a debt can have a variety of reasons. For example, a car can be seized for non-payment of debts:
- Credits;
- Taxes;
- Utilities;
- Alimony;
- Collections.
The list may include any non-payments to legal entities or individuals for which a court decision has been made.
Security arrest is a preventive measure imposed by the courts when considering cases:
- On disputed property;
- Divisible property;
- Disputed payments or compensation for any reason.
Problems due to seizure sanctions on the buyer's car
Problems associated with the vehicle's AC may arise not only from the culprit of non-payment or the participant in legal proceedings. Often the new owner to whom the car was sold suffers, but it ends up under arrest due to fines or a lawsuit from the bank.
Why does this happen? There are three main reasons:
- Ignorance of the seller about the applied sanctions;
- Dishonesty of the vehicle seller;
- Officials' mistakes.
If the old owner was subject to any penalties or payment obligations, he may not even know about it. This happens especially often with fines from the automatic system for recording violations, as well as if the vehicle is not registered.
It is easiest to deal with a seller who was not aware of the existence of encumbrances - he can be an honest person and, with joint efforts, the arrest is lifted without complications. But if the deal went through a repurchase, then finding the former owner and coming to an agreement with him will most likely be difficult.
If the owner decided to cheat and sell the encumbered car, shifting the problem from a sore head to a healthy one, then the matter will be even more complicated.
In such cases, the cheats try to “dip the ends in the water,” which greatly complicates the buyer’s registration of the car and attempts to achieve termination of the purchase and sale agreement (SPA) with a return of the money paid.
Sometimes seizure sanctions remain in effect even after all payments are made due to errors by officials. Surprisingly, there are cases where such flaws could not be corrected for months.
How to find out if a car is under arrest?
Before purchasing a car, it must be checked for encumbrances. This is done online using open databases of several authorities.
- Portal"State Traffic Inspectorate"– section “Checking for restrictions”;
- Portal of the Federal Bailiff Service– section “Data Bank of Enforcement Proceedings”);
- Portal of the Federal Notary Chamber– section “Checking the pledge of movable property”.
I described how to use these services in a special article.
Unfortunately, it is impossible to know with 100% certainty whether a car is under arrest. In some cases, even the owner cannot do this. The fact is that court decisions and data from the executive service do not immediately enter open network databases (usually after 15 days), and not all banks and credit organizations provide data on pledges to the database of the notary chamber.
The encumbrances themselves on the vehicle can arise in unexpected ways. For example, the first owner is getting divorced, and his wife decided to challenge the deal. At the same time, the car managed to change 3 owners. As a result, not a single party to the latest transaction knows about the lawsuit, everything is in order according to the database, but a few days later the traffic police shows a seizure of the car, and you just bought it and did not expect a catch at all.
It may seem that the probability of such coincidences is small, but in fact there are a lot of such cases.
How can you solve the problem of vehicle seizure if you are a buyer?
Since 2013, after a radical simplification of the purchase and sale procedure, it has become possible to conclude a transaction in a free form without involving the traffic police. When re-registering a vehicle, the presence of the old owner became optional.
This gave both many advantages and some disadvantages, one of which was the frequent cases of purchasing cars that are under seizure sanctions.
If this happens, the buyer should not panic - there are options for solving the AC problem, but I immediately warn you that in most cases the matter will require time and hassle.
What not to do when buying a car?
I’ll immediately give you some tips that will minimize the risk of purchasing a car burdened with seizure sanctions.
- Mandatory and complete check for legal purity. Do not make exceptions for any options. Most motorists who bought a car with AC were tempted by its attractive price and lost their caution;
- Maximum usefulness of the transaction. The contract must contain a clause stating the absence of encumbrances on the vehicle, the agreement must be accompanied by an acceptance certificate and a financial receipt, all documents must be provided with a sufficient number of copies;
- Fields for signatures of the parties are filled in everywhere. Signatures must be real, correspond to the sample in the civil passport and affixed to all copies of documents, including the vehicle passport (PTS);
- Pay special attention to studying the vehicle ownership history, if you are the third (or more) owner, ask the owner, study the title and data from online services.
- Request your wife's permission(or husband) if the seller is married. It's suspicious when they give you a good discount instead.
- Do not agree to dubious sales schemes, if it is possible to avoid this - by general power of attorney, through resellers (without contacts of the previous owner), etc.
- Do not underestimate the cost of the vehicle in the documentation for the transaction - in the event of a trial, you will be paid what is specified in the contract.
- Current owner contacts Be sure to save your cars;
- Personal presence of the owner at the traffic police when re-registering a vehicle, the most optimal transaction option;
- If the car has encumbrances and you know about this, then the terms of the transaction regarding them should be described in detail in the DCP in separate paragraphs.
Options for solving the AC problem - step-by-step instructions
There are three options for the buyer to solve the problem with seizure sanctions.
- The former owner is responsible for lifting the arrest;
- The seizure of the car is lifted due to a lawsuit by the new owner;
- The purchase and sale agreement is terminated.
All this can be applied in sequential mode - one option after another. Below I will give an algorithm of actions that should be followed.
Step One: Getting Information
If the traffic police found out that the car you bought is under arrest, then you need to find out the maximum available information on the spot.
You should not think that if you have nothing to do with it, then this is someone else’s problem - in any case, it has something to do with you to one degree or another, since you are already the owner of the problem car.
The traffic police need to find out this:
- Which authority and what type imposed sanctions;
- For what amount?
- How long have they been used;
- Contact details of the authority that applied the sanctions.
It is advisable to receive all this in writing. If the information received does not give a complete picture of the problem, then details can be found through the contacts received, explaining the essence of the matter.
Step two: contact the former owner
The first practical step is to contact the seller privately. After all, not all motorists have fraudulent intent, and having learned from you about the detected speakers, an honest person will try to remove them himself.
If the buyer does not want to help, then politely but convincingly explain to him that you will hire lawyers and file a lawsuit, which will not only terminate the contract, but also satisfy the claim for compensation and costs for a very significant amount.
That is, your task is to convince the seller that refusal to solve the problem will result in serious losses and more trouble than the efforts that will be needed to help with the matter.
However, be careful! If you were deliberately sold a problematic vehicle, then the former owner can put on a show, agreeing with everything, repenting for inattention and promising to fix everything. In words, but in deeds, he will not do anything to delay the trial.
So do this:
- Don't settle for a long waiting period;
- Check with the authorities that imposed the sanctions the activity of the seller - whether he tried to solve something;
- Record negotiations with the seller using electronic gadgets - this will help in court to prove malicious intent, if any.
If you see that there is no progress in the matter, then move on to the next step.
Step three: an attempt to exclude a car from seizure sanctions
This step allows the buyer to independently remove the seizure sanctions from the car by order of the magistrate’s court. Depending on the circumstances, this is done in different ways.
If the car is seized at the initiative of banks
This method will not work in all cases, and to increase the chances of success, I advise you to hire a lawyer or legal representative, since the decision in such cases can be turned in both directions with approximately equal success. No pre-trial claims are required here. Your representative simply submits an application to the court to remove the seizure sanctions from your property.
The basis here is usually Art. 352 of the Civil Code of the Russian Federation, which gives the buyer a chance to defend the right of ownership. Success is possible if the completed transaction is recognized by the court as a bona fide acquisition by the person who didn't know and couldn't know about the existing encumbrances of the vehicle at the time of its sale.
But keep in mind that the courts entrust the buyer with proof of the above fact, and this is difficult for an ordinary person to do - a lawyer is simply necessary here.
Also keep in mind that the critical factor here is the timing of sanctions:
- If they came into force after the date of conclusion of the monetary contract, then the prognosis for a positive ruling is favorable;
- If the arrest is imposed before the transaction is completed, and especially for a long time, it is difficult to win the case. However, here you can cheat - ask the seller to rewrite the agreement retroactively (if the date of sanctions is not outdated) so that the transaction is documented before the arrest.
If the arrest is an interim measure of judicial proceedings
If the vehicle has become the subject of some kind of property dispute, then the court has the right to impose temporary sanctions until a decision is made (so that the car does not go anywhere during the process).
Such an arrest is made according to a special resolution, which can be appealed and canceled. But here you need to act depending on your status in the case:
- If you have nothing to do with the property dispute, because of which the arrest of the vehicle was initiated, then the security arrest can be lifted through Art. 442 (clause 2) of the Code of Civil Procedure of the Russian Federation (“Protection of the rights of other persons when making a court decision”). Such a case should be considered in separate proceedings with the participation of the debtor, the collector and the new owner of the vehicle.
- If you are a party to a legal dispute, then cancellation is possible under Art. 144 Code of Civil Procedure of the Russian Federation (“Cancellation of security for a claim”). In this case, the issue is considered within the framework of the main proceedings.
Here I also advise involving a lawyer - there can be a lot of private nuances and only a specialist can deal with them correctly.
Step four: termination of the policy
If previous efforts have led nowhere and the arrest remains in force, then the termination of the DCP must begin. If the transaction was formalized as expected and the agreement stipulates that there are no encumbrances on the vehicle, then the court usually makes a positive decision.
After all, seizure sanctions are a serious obstacle for the new owner, preventing him from exercising his right to full use of the purchased car.
The basis here is Art. 460 Civil Code of the Russian Federation. Its clause 1 states that the seller is by default obliged to provide the buyer with goods that are not claimed by third parties - both individuals and legal entities, including government agencies.
This means that unless the contract specifically states otherwise, any purchase or sale is considered to be declared by the seller as free from encumbrances. This applies even to cases where the policy does not have a special clause in this regard.
Paragraph 2 of this article clarifies that the buyer has the right to demand termination of the contract, even if he knew in advance about the existing encumbrances, but they were not reflected in the contract.
I will not describe the procedure for terminating the contract here, since there is a special article on this matter.
How can a seller remove the seizure of a vehicle from the court or bailiffs?
If you are selling a car and suddenly find out about the seizure sanctions imposed on it, then it is best to remove them, and not look for problems for yourself by selling the encumbered vehicle.
The positive point here is that it is much easier for the seller to solve the AC problem than for the buyer - this does not require courts, but you just need to spend some time and effort.
The AS considered in our case are applied to individuals by two authorities:
- Court– in property disputes and other matters;
- Executive Service– when the court makes a decision on any material penalty. In this case, bailiffs have the right to independently choose the object of arrest.
According to Art. 80 (Federal Law No. 229 - “On Enforcement Proceedings”), the seizure of property can be carried out both with its seizure (for safekeeping) and without. But there is also the option of delayed withdrawal, which is carried out if the debtor refuses to pay.
The solution to the AS issue is extremely simple - you need to remove the grounds for sanctions:
- In the case of material debt, it is repaid;
- In case of material disputes, you need to wait for their completion or apply to replace the security seizure of the vehicle with other valuable property.
Here is an approximate algorithm of your actions:
- Receiving a package of documentation on the AS and studying them is a notification of enforcement proceedings and a court order (if any). If the case is complex, then it is better to take the documents to a lawyer - he will check whether everything in them complies with the law;
- Eliminate the cause of the accident - pay debts (sometimes a part of the amount is enough) or remove the vehicle from the list of judicial security;
- Receive documents on the liquidation of the reason for the arrest (payment receipts or resolution) and take them to the bailiff (precisely the one involved in the AS);
- Wait for the sanctions to be lifted (1-2 days), and get a ruling on this from the bailiff (ask for an extra certified copy);
- It is better to take photocopies of payment receipts or court orders, as well as a certified copy of the decision to remove the AS, in person to the traffic police - this will significantly speed up the process, since sending documentation between departments can take weeks or even months.
That's it, after this you can sell the car without fear of registration problems with the buyer, which will be transferred to you.
Attention! The owner of the car can remove the AC only in those regional authorities that imposed them.
Is there a risk of vehicle seizure due to unpaid fines?
If the driver has outstanding fines that have not been paid for more than two months, the vehicle may be subject to seizure.
Currently, the deadline for paying car fines is 60 days. After their expiration, the court sends the decision to the executive service - a period of up to 10 days is given for this (but they can send it on the first day). In this case, the amount of the fine increases by 2 times.
Bailiff, according to Art. 32.2 (Part 5 of the Code of Administrative Offenses of the Russian Federation), adopts a resolution on the forced collection of the amount of the fine, with the possibility of seizure of the debtor’s property.
However, please note that according to the law, executors must first seize monetary assets (deposits, various payments - salary, etc.), and not movable property.
An enforcement fee will be added to the amount collected by the bailiff - 7% of the amount of non-payment (minimum 500 rubles), according to Art. 112 (Federal Law No. 229).
Today in Russia the practice of joint raids by the State Traffic Safety Inspectorate and the Federal Bailiff Service to catch guilty debtors on the roads is often used. At the same time, the FSSP explains that it acts completely legally, since bailiffs have the right to search for debtors with the help of units of the Ministry of Internal Affairs - at the place of work, residence or the place where the debtor’s property was found.
The enforcers collect fines right at the place where the vehicle is stopped, and if there is no money, they seize valuables in the car (which many lawyers consider illegal) or the car itself (if the amount of non-payment exceeded 30 thousand rubles).
By the way: since 2016, to force drivers to pay fines, a new rather harsh measure has been applied - temporary revocation of a driver’s license, according to Art. 67.1 (Federal Law No. 229).
What are the risks of car arrest in Ukraine?
In conclusion, I will briefly dwell on the problem of vehicle seizure in Ukraine.
In this case, as in many others, the essence of the legislative framework of Russia and Ukraine is very similar - this is explained not only by the commonality of the fundamentals of legislation since the times of the USSR, but also by their deliberate adjustment in subsequent years, since the similar legal system of the CIS countries works better .
An important difference between speakers in Ukraine is their greater rigidity. Registration seizure, without seizure of the vehicle, is prescribed by law, but unlike the Russian Federation, this norm is used less often than the actual detention and seizure of the car in the impound lot.
Moreover, this can be done even for completely trivial non-payments, since according to the update of the executive legislation of 2012, the amount of non-payments has little significance when choosing the form of arrest. There is no such thing in the Russian Federation.
In addition, road inspectors in most cases ignore the requirement of Art. 31 of ZU No. 1404-VIII (“On enforcement proceedings”), according to which the car cannot be seized without presenting to the debtor a copy of the bailiff’s resolution on enforcement proceedings.
The cost of a day of impound parking for Ukrainians is high (on average 200 UAH), so their acute problem with regard to vehicle arrests is to prevent the illegal detention of a car, so as not to lose a lot of money and some parts of the car in addition.
But it is still difficult to legally buy a car with liens in Ukraine, since a free procedure for concluding a contract has not been introduced there and both piece workers are required to be present at the State Traffic Inspectorate’s ORER (analogous to the MREO).
- If the debtor was not at the court hearing and the FSSP is not notified of the enforcement proceedings, and this happens often, then he can successfully appeal the decision. The trial will be forced to go through again, but for some time the seizure of the vehicle will be lifted.
- Performers do not have the right to detain the vehicle, if it is used by a disabled person or the debtor’s main income depends on it. But this norm applies when the cost of the car does not exceed 100 minimum wages.
- You can drive a car with arrest warrants. To do this, you only need an MTPL policy issued in the name of the old owner. You must enter it as a driver authorized to drive.
Conclusion
So, you have understood what a vehicle seizure is and what distinguishes it from similar types of encumbrances, who can impose it, and how this problem is solved by buyers and sellers. With this knowledge, you will significantly reduce the hassle of transport with arrest sanctions.
Have you ever encountered liens on a car you bought or sold? How did you solve them? How did it end and what problems arose along the way? Tell me and your blog readers about it in the comments.
Video bonus: top 5 new cases of tinny behavior during the stream: