In recent years, the used car market has literally broken records. Sales of used cars have increased significantly over the past few years. But at the same time, the number of vehicles subject to certain restrictions on registration actions has also increased. Unfortunately, every year more and more car owners and buyers are faced with problems of registering / re-registering vehicles with the State Traffic Inspectorate.
And this is despite the fact that there are a number of official services on the Internet that allow you to check any car not only for theft, but also for the presence of restrictions on registration actions with the traffic police.
But what to do if restrictive measures have already been imposed on the car, and the car owner needs to remove them? How to find out which body has imposed a ban on registering a car with the traffic police? Let's figure it out.
First, let's figure out what restrictions may be imposed on the property of the car owner. In particular, we will find out what restrictive measures can be imposed on the vehicle.
First, we need to understand on the basis of what legislative act in Russia various restrictive measures can be imposed on a car.
The main law that regulates this is the Federal Law “On Enforcement Proceedings” dated October 2, 2007 N 229-FZ.
- Yes, according to the law Federal Law-229 "On Enforcement Proceedings" As part of enforcement proceedings, the bailiff has the right to seize the debtor's property as an interim measure until the debt is paid or partial repayment of the debt begins.
That is, if enforcement proceedings are initiated against the owner for any debts by the bailiff service within the framework of Federal Law No. 229, then in accordance with Article 80 of this law, any property may be seized.
What does it mean to seize a car?
Many people confuse the restriction of registration actions imposed by a bailiff with the seizure of a vehicle. In fact, they are not the same thing. Seizure implies a prohibition on the disposal of property.
Here are the cases in which property seizure is used as part of enforcement proceedings:
- Ensuring the safety of property that is subject to transfer to the claimant or sale
- Execution of a court decision on confiscation of property
- Execution of a court decision to seize property that belongs to the debtor and is owned by him or third parties
The seizure of the debtor's property may consist of either a prohibition of the disposal of property, or a restriction of the right to use the property or its seizure.
In what cases can a car not be seized?
According to the Federal Law on Enforcement Proceedings, in particular Article 80 clause 1.1, seizure of property is not allowed if the amount of debt (collection amount) is less than 3,000 rubles.
That is, if you owe someone less than 3,000 rubles, then even if enforcement proceedings are initiated against you, the bailiff service will not be able to seize your property (including your car) as a measure to ensure payment of the debt.
Prohibition on registration of a car
By the way, it is worth noting that bailiffs rarely resort to seizing vehicles at the initial stage, preferring to first impose restrictive registration measures on vehicles.
Thus, this is also done within the framework of Article 80 of Federal Law No. 229, namely: paragraph 4, which provides restriction of the right to use property .
What does this mean? Everything is very simple. The bailiff has the right, after initiating enforcement proceedings, to limit registration actions with the debtor's car by informing the traffic police authorities, which, in accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 of November 24, 2008 (as amended in the current version) have the right to limit registration actions with the car by court decision , bailiff services, investigative departments, Investigative Committee, Prosecutor's Office or Ministry of Internal Affairs and other government agencies.
What does it mean to impose registration restrictions on a car?
According to the same order of the Ministry of Internal Affairs No. 1001 (in the current version), in the event of prohibitions and restrictions imposed by state authorities on a vehicle, the bodies of the Ministry of Internal Affairs of the State Traffic Safety Inspectorate have the right to refuse registration actions at the request of the owner or his representative.
Is it possible to sell or dispose of a car if restrictions are imposed on registration actions in the traffic police?
It turns out that if restrictions are imposed on registration actions, the owner of the car can only own the car, maintain it and drive it. But, for example, he will not be able to sell it, since in this case the new owner will not be able to re-register the car in his name.
No, of course, the owner will be able to sell the car purely formally by concluding a purchase and sale agreement with the buyer. But the buyer will not be able to register the car in his name for 10 days.
As a result, the car owner is unlikely to receive money. Moreover, there is an official online traffic police database that allows buyers of used cars to request information about the existence of a ban on registration actions at the State Traffic Inspectorate.
By the way, many people think that if registration restrictions are imposed on a car, then its owner can easily cancel the registration of the car due to disposal. In reality this will not be possible until the authority that imposed the restrictions lifts them by notifying the traffic police.
Moreover, this cannot be done, even if the car was actually disposed of in a specialized organization where a document about this was received.
So, if you expect to deregister your car due to its disposal, but enforcement proceedings have been initiated against you for a debt, within the framework of which a restriction on registration actions in the traffic police was imposed on your vehicle by the bailiff, then before this it will be possible to do so, you will have to pay the debt in order for the bailiff to lift the ban in the traffic police.
As a last resort, if the amount of debt is large, you can try to negotiate with the bailiff on installment payments. As a result, after paying part of the debt, it is quite possible that restrictive measures against your property will be lifted.
Here's how to check if there is a restriction on registration actions with a car at the traffic police
But what if you're looking to buy a used car but are worried about registration restrictions? Indeed, if there are restrictive measures in relation to the car, the new owner, after signing the purchase and sale agreement, will not be able to re-register the vehicle in his name within the period established by law.
Unfortunately, there have been many similar cases in recent years. Especially after the traffic police authorities simplified the procedure for re-registration of cars after concluding a purchase and sale agreement and other agreements in accordance with the Civil Code.
After all, now the owner of a car can sell it without first deregistering it with the State Traffic Inspectorate. Then, after signing the contract, the new owner is obliged to re-register the car in his name within 10 days. As a result, it turns out that the parties to the purchase and sale transaction must carry out settlements under the contract before registration with the traffic police.
In order for future buyers to know what kind of car they are purchasing, the traffic police authorities have introduced an online service on the Internet to check the car for search, for the presence of restrictions on registration actions with the vehicle.
Also, anyone can check the car by personally contacting the traffic police.
How can I find out which authority issued a decision to impose restrictions on registration actions with a car?
It often happens that the owner of the car does not know that in relation to his car, a government agency has made a decision to impose restrictions on registration actions. For example, when the owner of the car did not know about traffic police fines, photos and videos were recorded by cameras due to living outside the place of official registration. As a result, many drivers may actually not be aware of debts due to traffic police fines.
As a result, the traffic police authorities, having not received payment for fines within the period established by law, transfer the administrative case to the bailiff service, which, in accordance with the law on enforcement proceedings, initiates proceedings to collect against the owner of the car the debt for administrative fines. Next, the bailiff must notify the owner of the car about the initiation of enforcement proceedings, giving him a period of voluntary payment of the debt.
Naturally, the bailiff, as a rule, sends a resolution to initiate enforcement proceedings to the official registration address of the debtor. So, if the debtor does not live at the place of registration, he may actually not know about the debts on fines and about the initiated enforcement proceedings.
Further, the bailiff has the right, in the absence of information about payment of the debt, within the period established by law, to issue a decree to seize property, or to impose restrictions on the debtor’s car on registration actions with the traffic police.
As we said above, many government agencies can impose restrictive measures regarding registration actions with a car: Federal Tax Service, Customs Authority, Judicial Authority, Investigative Authority, etc.
But how can you find out which government agency issued a resolution on restrictive measures against a vehicle?
To do this, you need to use the traffic police online service to check for restrictions on registration actions with the car.
Then enter the vehicle VIN number in the top field of the online service and click below in the section " Checking for restrictions"link" Request a review ", also entering a code that protects the service from spam bots.
If there are no restrictions, then the online traffic police database will issue an information message stating that no restrictions on registration actions were found in relation to the requested car.
If restrictions are detected in the database, on the screen you will see information about the authority that issued the decision to impose restrictive measures on the vehicle and the number of the decision.
Accordingly, in order to remove restrictive actions in relation to a vehicle, you will have to contact the authority that issued the decision to restrict registration actions with your car.
It is worth noting that most often such restrictive measures are taken by the bailiff service against debtors who own a car.
For example, the most common reason for restrictive measures regarding vehicles is failure to pay any administrative fines or debts on loans and credits.
Also often, bailiffs also seize the vehicle of the owner, who is a debtor for alimony payments.
How to find out whether there is enforcement proceedings against the owner of the car in the bailiff service?
There are two ways to find out whether there is enforcement proceedings against you to collect debts. The first one is the old fashioned way. Contact the district department of the FSSP of the Russian Federation (Federal Bailiff Service of the Russian Federation) at your place of residence, presenting your identification card. Next, the bailiff will check you against the central database about the existence of enforcement proceedings against you in Russia.
The second method is the simplest. We are talking about the online service of the FSSP of the Russian Federation, which is available on the Internet.
To do this, go to the online address:
Next, enter your full name in the appropriate field and click the “Find” button, after which the online database of the bailiff service will begin searching for data from initiated enforcement proceedings in Russia.
If enforcement proceedings are found against you, you will receive detailed information about the case initiated:
- number and date of the writ of execution
- department of bailiffs
- telephone number of the FSSP department
- amount of debt in enforcement proceedings
If no information is found regarding you in the database, then do not rush to rejoice.
Firstly, information about the initiated enforcement proceedings may not yet be included in the general federal database, or the bailiff has not yet opened the case if, for example, it was received only the other day.
Secondly, we recommend that you check the previous owners of the car you recently purchased. If, for example, you have not yet re-registered the car in your name. After all, if enforcement proceedings were initiated against the previous owner, then restrictions on registration actions may be imposed on the car as security measures for the debtor to pay the debt.
In this case, you will not be able to re-register the car in your name, even if you have signed a purchase and sale agreement and all payments for the transaction have already been made. As a result, you will be able to own the car, but will not be able to do any registration actions with it until the debtor pays the debt and the bailiff lifts the ban on registration actions.
- Attention! To avoid being a hostage to other people's debts, be vigilant when buying a used car.
- To do this, check the car for restrictions on registration actions not only on the traffic police website, but also check the owner of the car in the database of the Federal Bailiff Service of the Russian Federation.
Also remember that restrictions on registration actions with a vehicle can be imposed by many other government services, many of which you will not be able to check until the traffic police imposes a ban on registration actions with a vehicle.
True, in most cases, checking your car will protect you from such restrictive measures when you contact the traffic police in person, or through the official website of the State Traffic Inspectorate in the online services section, where you can use the VIN number to check whether there are restrictions on registration actions on the car, as well as the fact the car is wanted.
- We also draw your attention to the fact that the online data in the traffic police database is relevant to the day and hour of your online request. Accordingly, if a resolution to restrict registration actions is received by the traffic police after your request, then information about this will be available only after the traffic police authority imposes the appropriate restrictions.
Ideally, if you check the car through the traffic police website, immediately sign the purchase and sale agreement and make payments for the transaction, and then immediately contact the traffic police to re-register the car in your name.
Otherwise, you increase the risks for yourself.
Why can they impose restrictions on registration actions with the traffic police with a car?
According to current legislation, the bailiff service can impose restrictions on registration actions with a car by decision of various government bodies regarding debts, legal disputes between owners, etc.
Here are the reasons why registration restrictions may be imposed on a car:
- - Debts on traffic police fines
- - Debts for any administrative fines
- - Tax debts
- - Rent debts
- - Child support debts
- - Litigation regarding ownership or division of property (disputes between individual entrepreneurs, legal entities, heirs, relatives, etc.)
- - For insurance cases related to regressive claims
- - At the request of the Customs authorities
- - At the request of the judicial authorities in the interests of organizations that have the car as collateral. For example, under loan agreements.
We lift the ban on registration actions in the traffic police imposed on the car
Now we come to the most important question that interests many car enthusiasts. How to remove the ban on registration actions imposed on a car?
First you need to understand whether you agree with the restriction that was applied to your car. If so, then your task is simply to pay the debt and provide payment information to the bailiff who issued the order on restrictive measures or another body that imposed a ban on registration actions with the traffic police.
You can also contact the bailiff before paying the debt and express your desire to pay the debt, or part of the debt.
If you do not agree with the decision made by the bailiff service, and if you really did not receive a copy of the decision by mail or in person at a reception with the bailiff, then you can challenge the imposition of restrictive measures in court.
However, remember that you have only 10 days to do this from the moment (date) of the decision on restrictive measures in relation to the vehicle.
If the period for appeal has expired, then you can restore the period in court by proving in court that you did not know about the decision of the bailiff service.
In this case, your algorithm of actions should look like this:
File a complaint against the decision to the court at the location of the bailiff department who issued a decision on restrictive measures against your vehicle.
If you miss the deadline for appealing, please include in your application the arguments and evidence that indicate that you really did not know (did not receive a copy of the bailiff’s decision) about the decision of the bailiff department.
Next, after filing an application with the court, write a statement to the bailiff department c, stating that you challenged the bailiff’s decision in court, and also stated that the deadline for appealing was restored, if you actually missed the legal deadline for appealing decisions of government bodies.
But you shouldn’t hope that restrictions on the car will be lifted immediately after this. Most often, bailiffs prefer to cancel decisions only after considering your application in court on the merits in your favor.
By the way, we draw your attention to the fact that at the moment, an electronic document flow has been established between the FSSP of the Russian Federation and the State Traffic Safety Inspectorate, which allows the two organizations to quickly interact with each other.
As a result, after you cancel the order of the bailiff service on restrictions on registration actions in the traffic police with your car or pay your debt, which became the reason for the restrictive measures, the ban in the State Traffic Inspectorate will be lifted only after the bailiff department will electronically send to the traffic police a resolution on the abolition of restrictive measures.
Unfortunately, the speed of information transfer depends not only on the speed of communication channels between government agencies, but also on the workload of bailiffs, who may not immediately make a decision on the lifting of restrictive measures.
So let's sum it up.
With the development of the Internet and the reform of government agencies in Russia, several online services for checking any car have appeared that are useful for motorists. Therefore, every buyer and even seller of a car must check it for the presence of restrictions on registration actions before carrying out a transaction in accordance with current legislation.
For car sellers, this will guarantee the sale of the car to a new owner. For buyers, a vehicle inspection will protect themselves from various risks associated with purchasing a used vehicle.
Please also note that when purchasing a car on the used market, you should not purchase a car from dubious sellers. In addition, never buy a used car without checking the car itself and its owner:
On the traffic police website - website address: http://www.gibdd.ru/check/auto/
On the FSSP website - site address: http://fssprus.ru/
On the website of the Notary Chamber of the Russian Federation - website address: https://www.reestr-zalogov.ru/search/index
We also invite you to download the files provided by the bailiff service, which outline the algorithm for lifting the ban on registration of a car in connection with debts on traffic police fines.