Each car, like real estate, must have special documents, in particular a car passport.
This makes it possible to get an idea of who owns the car, which will allow you to track the owner in the event of an emergency.
To obtain such a passport, you must register the vehicle.
In some cases, the driver is faced with the need to carry out a process such as deregistration of a vehicle in 2021.
In this article you can get information about what deregistration of a vehicle is, what such a procedure is, and how it is carried out. It is advisable for every driver to know the answers to such questions.
What is cancellation?
Russian legislation has established that every vehicle must undergo special registration.
Quite often, the need for this arises as a consequence of certain legal procedures that may entail the re-registration of property rights, for example, this may be a purchase and sale transaction.
Confirmation of the fact that the car was registered at the time is a registration certificate or technical passport. These documents enable the owner of the car to move freely across the expanses of the homeland, as well as beyond its borders.
A vehicle passport is a legal document that contains basic technical information. Based on it, traffic police officers identify the vehicle.
Along with the popularity of registration, we can note situations when registration is completely canceled . This process implies the fact that the previous registration procedure is invalid and canceled for various reasons.
Most often, the need for this arises after identification of violations with documents. In this case, the registration of the vehicle is canceled with an explanation from the Supreme Arbitration Court.
If traffic police officers suspect fraud with a car and it is later confirmed, the vehicle is driven to a impound lot, and its owner will need to undergo a certain number of checks.
Very often, illegal registration systems are used in the process of car customs clearance. This automatically results in the need to cancel.
Many of these considerations lead to the decision to purchase their cars from car dealerships. This is an ideal guarantee to avoid a variety of illegal schemes.
Step by step recovery guide
The process of registering a deregistered vehicle with state registration involves a certain sequence of actions:
- Initially, the new owner of the car calls the seller and agrees on a joint trip to the traffic police. The new owner must have a complete package of documentation with him (his own and the vehicle), and the former owner must have a passport for personal identification.
- Documents are handed over to an authorized employee.
- The new owner goes to pay the state fee, after which he returns.
- You will have to bring the vehicle to a specially equipped site of the State Traffic Inspectorate for inspection. If the owner does not have the right to drive the car due to the lack of a title, then the car should be transported to the site using a tow truck.
- Traffic police officers will conduct an on-site inspection of vehicles. During this process, they will check the numbers present on the power unit and body with the data specified in the register of deregistered vehicles. For these purposes, State Traffic Inspectorate specialists will need a purchase and sale agreement.
- If during the inspection of the vehicle no violations are revealed, and all documents provided by the owner are in perfect order, then the state registration of the vehicle will be successful.
Attention! If a citizen bought a car from a reseller with a canceled registration, then he may have problems. The difficulties arise from the fact that only the owners of the car – former and new – can participate in the state registration process.
Reasons for deregistration
To protect yourself from a difficult situation, the driver needs to carefully study the list of possible reasons that could lead to cancellation of the registration process.
Here are the main grounds for cancellation:
- Introduction of the new Euro-5 standard . Its influence extends to all cars that are introduced into Russia. There is a certain number of criteria that will allow you to screen out cars based on indicators such as the amount of energy consumed and emissions of harmful substances into the atmosphere. If the car does not meet the established standards, it will need to be re-equipped, which will require re-registration.
- Fake documents . After the introduction of new requirements regarding increased environmental friendliness of transport and due to the impossibility of re-equipping it in a special way, many drivers decide to issue fake documents.
- Sawing . This has long been a well-known practice in the Russian Federation. The law strictly prohibits the registration of vehicles of this type.
- Loss of vehicle passport . If this document is lost, registration under the previous passport loses its relevance. For this reason, secondary registration is required.
- Inaccuracies during customs clearance . The discovery of some inconsistencies in the documents will automatically lead to cancellation and the need for a secondary registration process.
- Registration canceled by mistake . This is due to the existence of clone cars that are imported into the country using fake documents.
- Vehicle recycling . Old cars that are no longer able to perform their basic functions are immediately withdrawn from service.
These are all situations in which registration is completely cancelled, but there are also cases where registration can be suspended for a certain time, for example, for refurbishment or tinting.
In any case, the situation will need to be corrected, since it is strictly prohibited to move without registration.
There are several situations where the measure related to passport revocation is not used at all. Such cases are typical for situations where the registration process was carried out using forged papers, but the statute of limitations has passed - 5 years.
This mainly concerns situations where in the 90s they were imported into Russia in huge quantities, but there were no documents for their registration.
At the moment, a large number of cars are subject to the 5-year rule, since they were all sold using fictitious papers.
Driving without registration – fines
In such a situation, a logical question would be whether it is possible to operate a car if the registration was previously cancelled. Russian legislation prohibits drivers from driving a car that does not have technical official documents.
The following measures may be taken against violators of this law:
- if a person uses a car that has not passed registration and standard technical inspection, he may be subject to a penalty amounting to half the amount of the minimum salary;
- driving a car without registration papers can lead to a fine of 25 minimum wages, as well as deprivation of rights for three or more months;
- If the driver is unable to provide documents for the car, he will be fined, the amount of which will be equal to half the minimum salary.
In all such situations, you need to know that a person who drives a car without registration may be arrested until the circumstances are fully clarified.
Required documents
To register a car that has been deregistered by the owner, the new owner needs to collect a package of documents:
- contract of sale;
- passport;
- tax identification number;
- PTS (original and copy);
- an approved sample application for state registration of the vehicle;
- a receipt confirming the fact of payment of the state duty;
- any documents confirming ownership of the car.
Registration has been cancelled—what should I do?
The next most important question is what to do if the vehicle registration has been cancelled.
Certain actions must be taken, since the operation of such a car will be illegal.
First of all, you will need to find out the reason by sending a corresponding request to the traffic police.
On average, it takes about 30 days to receive an answer, but it’s worth waiting for this period; starting to act before finding out the reason will be a mistake.
After receiving the result and notification from the traffic police, the action algorithm will look like this:
- It is necessary to determine whether there is a real opportunity to completely eliminate the reasons for the established sanctions.
- A special application is drawn up and sent to the traffic inspectorate, reflecting a request to restore the lost registration.
- If the organization refuses to restore registration, the refusal will need to be received in writing and then taken to court.
- Through the court, it is usually possible to prove that all movable property complies with the requirements of established legislation and restore registration.
Based on everything said above, we can conclude that the cancellation was carried out; everything must be done to restore the registration.
There can be two options for action here - searching for evidence of the illegality of the measure taken and correcting shortcomings to carry out restorative registration.
Termination of registration of a vehicle in the traffic police
When the average car owner is interested in the issue of deregistering a car, in most cases this means deregistering the vehicle. Despite the fact that there is a procedure for deregistering a car, it only applies to two cases: the car is being scrapped or exported abroad. All other cases when it is necessary for the car not to be “registered” by the owner in the traffic police fall under the concept of termination of registration.
We will discuss in detail the reasons for deregistration of a car, why this procedure is needed, and what to do if you need to restore the car’s registration.
How to cancel?
According to the latest changes, cancellation of registration when the owner of a car changes is no longer possible. This suggests that when deciding to sell your car, you do not necessarily need to go to the traffic police and hand over the license plate with your passport.
Cancellation can be made on the basis of documents already in hand regarding registration.
Every driver should know how this procedure is carried out, how registration is canceled and how a new one is obtained. Here is the procedure for canceling vehicle registration:
- preparation of all necessary papers;
- writing a statement to the traffic police, outlining the desire to completely stop the vehicle’s title;
- the vehicle is taken away for expert assessment and an official inspection certificate is obtained;
- With this document, you need to contact the standard traffic inspectorate in order to receive a new passport.
It must be remembered that the registration of the vehicle must fully comply with its own.
In other words, if you sell or buy a car in one intended location, and then move with it from one city to another, you will need to cancel the car after completing the corresponding transaction.
In such a situation, you will need to go through the procedure described a little above..
If the driver is already the owner of the car and simply changes his place of residence, he will simply need to take the official application and all the required documents to the new place of address registration.
In this case, the car is automatically removed from its previous place of registration.
How to stop registering a vehicle
Termination of registration at the request of the owner
From January 1, 2021, the owner of a car can terminate its registration at his own request (Rules for state registration of vehicles, clause 56). The most common reasons:
- the owner does not drive the car and does not want to pay taxes;
- the owner has been deprived of his license and cannot drive a car;
- The car was involved in a serious accident and requires lengthy repairs.
The license plates are declared invalid and are included in the search records of lost special products of the State Traffic Inspectorate. You can write an application to preserve state signs - then after renewal of registration you can continue to use them.
According to the previous owner of the vehicle
The most common reason for termination of registration at the request of the previous owner is the sale of the car. The new owner must register the car within 10 days from the date of purchase. If he did not do this, fines and taxes will go to the previous owner.
The previous owner can, and we strongly recommend, contact the traffic police with an application to terminate registration in connection with the sale. Find out how to do this in our article.
The license plates are recognized as invalid and are entered into the search records of lost special products of the State Traffic Inspectorate 10 days after the alienation of the car. When renewing registration, the buyer will have to receive new numbers.
But what needs to be done if the previous owner has lost the purchase and sale agreement for his car, and the new owner is in no hurry to register it in his name. The would-be seller continues to receive fines and taxes.
If there is information about the death of the owner of the vehicle
If the owner of the car has died, his relatives can independently submit an application to the traffic police to terminate the registration of the car. This can be done at State Services.
In 2021, the traffic police announced that it will stop registering a car automatically after the death of the owner. Data about deceased owners will be transmitted by the Federal Tax Service. As soon as the information is received by the traffic police, the car will be deregistered without warning the heirs.
You cannot use the car until you enter into an inheritance - even if you have a power of attorney and a compulsory motor liability insurance policy. Their validity ends at the time of the death of the car owner. State license plates and STS are declared invalid and are included in the search records of lost special products of the State Traffic Inspectorate.
Due to the expiration of the state registration of the vehicle
In some cases, the car is registered temporarily. For example, if:
- The car belongs to a Russian without registration at the place of residence - the car is registered for the period of registration at the place of residence.
- The car is leasing or subleasing - for the duration of the contract.
- The car belongs to a foreigner or stateless person - for the period of stay indicated in the tear-off part of the arrival notice, or for the period of temporary registration in Russia.
- The car belongs to a foreign legal entity at the location of its branch in Russia - for the period of validity of the documents confirming the accreditation of the branch.
- The vehicle was temporarily imported into the territory of the Russian Federation for a period of more than 1 year - for the period of import.
A detailed list of cases of temporary registration is prescribed in paragraph 35 of the Vehicle Registration Rules.
If the temporary registration period ends and the owner has not submitted an application for renewal, registration will terminate automatically the next day. The license plates are recognized as invalid and are included in the search records of lost special products of the State Traffic Inspectorate.
If the owner does not restore registration a year after termination, the traffic police will deregister the car the next day.
If the design of the vehicle does not comply with the information specified in the vehicle documents
If the traffic police inspector identifies illegal changes to the design of the car, he will issue a requirement to eliminate them. The owner must comply with the requirement within 10 days, otherwise the registration of the car will be stopped.
Source
Restoring a canceled registration
To resolve the issue of how to restore the registration of a vehicle after cancellation, it is worth relying on paragraph 51 of the rules for the registration being carried out.
It states that if the reasons that became the basis for the complete termination of the registration process are eliminated, the restoration of registration is carried out strictly at the place of application of the driver.
This is an ideal solution to the question of what to do when deregistering a car.
After carrying out the necessary manipulations, the owner of the car is issued new registration documents - new state signs for the car and a passport for it, if the situation requires it.
To restore registration, you will need to perform the following manipulations:
- Elimination of illegal changes to the design of the car, due to which registration was terminated.
- Contact the nearby traffic police department for a new registration process.
When carrying out this process, in simple processes, the license plate number of the car and its passport can be saved.
As for payment, you will need to pay 500 rubles for issuing a certificate, and 350 rubles for making changes to the passport.
There is another method for restoring registration . Provided that the vehicle meets the basic established traffic safety requirements, registration is restored on the basis of certain court decisions.
How to file a complaint and restore the registration of a car if it was terminated by the State Traffic Safety Inspectorate?
The deregistration of a car often takes the driver by surprise already on the road, when he is stopped by a traffic police inspector and it turns out that the car is not registered with the traffic police. But how legal is this in 2021? In this article we will find out why vehicle registration is cancelled, whether it can be restored after this and how, whether it is possible to appeal such an official’s decision, whether it is possible to travel and what to do first.
Summing up
Every driver has the right to disagree with the decision put forward by a traffic police officer. In this case, you will need to go to court and defend your own rights in it. In this case, registration will be completely restored.
To prevent a difficult situation, so that judicial practice is not involved, you should be careful about changes in the design of the vehicle.
Even minor additions can result in complete cancellation of registration.