The car is registered with the traffic police, but you don’t have to pay tax: new clarifications from the Federal Tax Service

A newly purchased car requires mandatory conclusion of a compulsory motor liability insurance contract and registration or re-registration for a new owner. There are various questions that a driver may ask after a purchase.

The most relevant remain:

• How long can you drive a car that is not registered?
• Is a purchase and sale agreement a legal basis for a car not being registered for more than 10 days?
• What is the need to conclude an insurance contract before registering a car with the traffic police?
• Is it necessary to undergo an MOT before registering a car?

We will answer these and other questions in our article.

Is it allowed to travel without insurance?

Most often, a car becomes the property of another person after completing a transaction and signing an agreement that transfers the rights to dispose of the property, otherwise this agreement is called a purchase and sale agreement. There are other ways to obtain ownership of a car, this could be a gift agreement, a will, or a notarized power of attorney with the right to resell the car, but these methods are used much less frequently.

After completing a standard transaction, the seller receives the money, and the buyer receives the car. The new owner’s worries with the car don’t end there; he must undergo maintenance, take out an insurance policy, and only then register the car with the traffic police. Some drivers try to delay this period for personal reasons or ignorance, using a car on the basis of a policy. They can do this legally within 10 days from the date of purchase.

It is during this established period that the car should be shown at a service station, if there is no diagnostic card, then insured and the documents should be taken to the MREO traffic police department for registration.

Sometimes the question arises whether it is possible to use an old insurance policy if it has not yet expired. To answer this question, let us turn to the essence of the MTPL agreement. This policy does not insure a specific car, but the liability of the person who drives the car. Since the car changes its owner, the policy becomes invalid; accordingly, a new contract must be concluded with the insurer.

There is a cunning way to extend the validity of the policy, rewrite it and set a new date of sale, this will close the eyes of the regulatory authorities for some time. But if an accident occurs, the person responsible for the accident will not only be required to compensate for the damage from his own pocket, but will also be called to account for the offense.

In case of purchase from a dealer, the period for re-registration and registration does not change, it remains the same - 10 days. If the car is less than 3 years old, then maintenance is not required. You can get compulsory motor liability insurance for such a car directly in the showroom, but its cost will be much higher than if you contact the insurer’s office.

Current schemes for avoiding registration

Car owners use many schemes to avoid registration. All of them are legal, but their use requires time and fuss due to the need to perform specific actions within strictly regulated time frames. Methods for quick resale of vehicles, constant re-issuance of transit numbers and rewriting the terms of the completed purchase and sale transaction are popular. Before you apply any method, you should think about whether it would be easier to register the car?

Quick sales without registration

The car owner is given 10 days to register the vehicle after receiving ownership of the property. If during this time he manages to sell the car, then legally he can not register it before selling it. The procedure is automatically assigned to the new owner, who is the buyer of the vehicle. This scheme is also used from a different perspective, when the purchase and sale agreement is rewritten once every 10 days to acquaintances who have agreed to participate in the event.

Obtaining transit numbers

In Order of the Ministry of Internal Affairs of Russia No. 1001 dated November 24, 2008 (as amended on March 20, 2017) “On the procedure for registering vehicles,” there is a clause on the timing of vehicle registration, determined by the period of validity of the transit registration plate. The attribute is issued for a car if the seller wishes to keep the license plates of the object of sale, and the buyer is issued transit numbers for delivery to the storage location. Their use is possible for 20 days, after which it is possible to repeat the procedure for obtaining them and extend their validity period. The method is real, but requires a lot of time, and if the deadlines are not tracked, the driver will have to pay fines not only for late registration, but also for exceeding the deadline for not registering.

Rewriting the purchase and sale agreement

One of the unsuccessful and troublesome ways to avoid registration is to regularly rewrite the terms of drawing up the purchase and sale agreement. Since the law regulates the need to register a car 10 days after its purchase, the contract will also have to be renewed at such intervals. From a theoretical point of view, such a procedure is not difficult, subject to the consent of the former owner. The practical application of the method is inconvenient and is associated with time costs and risks of financial losses due to possible fines and problems with the seller.

How long is it allowed to drive without re-registering a vehicle?

Let's look at the following question about the time limits for traveling by car, established by law, during which you can safely move by car without registering. Regardless of the method of purchasing a car, the deadline is the same: all registration actions must be completed within 10 days from the date of purchase. This rule applies both for obtaining a policy and for applying to the MREO.

If a traffic police inspector stops a driver for 11 days or more, a fine will be imposed for driving a vehicle that did not complete the registration procedure on time. A repeated stop will entail a more severe punishment - 5,000 rubles. Both the purchase of a policy and the registration can be entrusted to the managers of the car dealership; the cost is discussed with the employees on the spot.

If the purchased transport is far away

What to do if the vehicle cannot be delivered to the place of registration? According to the regulations, registration does not affect the place of registration. Inspectors can conduct an inspection upon the vehicle's location and complete the process in any region. It is important to remember that the act is valid for no more than 20 days.

First you need to apply for a technical inspection and justify your request. The procedure is paid for, a receipt and a certificate of the service performed are issued. Next, contact the traffic police and continue completing the document.

How can you legally drive a car without insurance and registration?

In order to delay the moment of registering a car and contacting the traffic police service, there are several loopholes on how to increase this period:

• You can put “transit” series numbers on your car. The relevance of this method has decreased, but some still use it. Such a number can be issued to an individual if transportation to another country is required, individual entrepreneurs and legal entities. individuals use them, among others. If the number is issued for a specific time, then this period will be only 10 days and cannot be extended.
• If the car has a license plate that was left over from the previous owner, then you can drive with it for some time, but you still need to contact the traffic police to re-issue the documents. In case of evasion of this process, the seller will contact the inspectorate to deregister the car, the car will be put on the wanted list, and the buyer will pay a fine if caught for violating the process and terms of property re-registration. For 10 days you can drive under a purchase and sale agreement and a vehicle title.
• If you still have an MTPL insurance contract issued in the name of the previous owner, with extended bearer insurance. You can invite the seller to enter his data into the insurance contract if he has a limited number of persons. This is suitable for good friends or relatives.
• Traveling by car from a car dealership. You can drive such a car without fear for 10 days from the date of the transaction.

There is a method that is contrary to the law, however, is sometimes used by buyers, this is changing the purchase and sale agreement. In this case, you can be punished for falsifying documents, especially if you copied them without the knowledge of the seller after the purchase process.

How does this happen:

• Option 1. Every 10 days the contract is rewritten with a new date. If the seller does not mind and is aware of such manipulations, then the period can be increased as many times as desired.
• Option 2. We draw up an agreement with an open sale date, that is, we simply do not fill out the data on the transaction. As soon as you understand that you need to enter a date, mainly when meeting with the traffic police service, then set a period not exceeding 10 days from the current date.

If the car is not re-registered, according to the traffic police system it is listed under the old owner, all fines and taxes will be charged to the owner of the car. Not all owners agree to this.

Fines and liability

After purchasing a car, the law obliges all owners, regardless of whether it is a legal entity, an individual or an individual entrepreneur, to register or re-register the car. Only 10 days are allotted for this. During this period, you must undergo maintenance, conclude a compulsory motor liability insurance agreement and bring documents to the traffic police MREO.

Sanctions for violations are:

• 5000 rubles for lack of registration number on the vehicle. This rule is regulated by paragraph 2 of Article 12.2 of the Code of Administrative Offenses. The punishment may be supplemented by removal from driving a vehicle for a period of 1 to 3 months.
• 800 rubles if there is no compulsory motor liability insurance or the contract is expired.
• 500 rubles if the month in which you travel by car is not included in the insurance.
• 2000 rubles if the registration deadlines were exceeded.

If you do not have time to register the car in your name within the required period, then transfer this responsibility to a trusted person. These actions are permitted by law. But it is necessary to first draw up a general power of attorney at a notary office. Yes, this will require some money and time, but you will spend much more of it at the traffic police if you apply for re-registration yourself, and the fine for not registering a car costs more than the services of a notary.

How to get a certificate faster

Car enthusiasts are often interested in quick registration methods. Registration without an appointment is accompanied by a long wait for an appointment. Of course, you can sign up through the State Services portal. This will reduce the waiting time in line, but employees will only issue the certificate after a few weeks. The procedure may take longer if mistakes were made while filling out the form. The applicant must independently check the entered data, since government agencies rarely provide professional legal assistance. Our company will save you from having to stand in line and register your car in 20 minutes. Present the documents and completed application, further actions will be performed by experienced specialists +7 (812) 409-30-71.

Fine for driving an unregistered car

The punishment for driving an unregistered car is prescribed in. In accordance with this article, a fine in the amount of 500 to 800 rubles . If the driver is caught for a second violation of the vehicle registration rules (for the second time within one year since the previous similar offense), he will face a more severe punishment. A fine of 5,000 rubles or deprivation of a driver's license for a period of one to three months .

Completely different fines are imposed for violating the deadlines for registering vehicles with the traffic police; a separate article is devoted to them. The point is that the new owner of the car, when contacting the traffic police department to register his vehicle, will be required to pay a fine if the 10-day period that was given to him for this procedure has been missed.

For violation of vehicle registration deadlines, private car owners are punished with a fine in the amount of 1,500 to 2,000 rubles , officials - from 2,000 to 3,500 rubles , organizations - from 5,000 to 10,000 rubles .

If you miss the registration deadline, it will not matter how exactly the car was delivered to the traffic police department. Even if it was brought by a tow truck, you will still have to pay a fine.

Fine for violating registration deadlines in 2021

The fine for overdue registration of a car with the traffic police is provided for in Article 19.22 of the Code of Administrative Offenses:

1. Violation of the rules of state registration of vehicles of all types (with the exception of sea vessels and mixed (river-sea) navigation vessels), mechanisms and installations if registration is mandatory, –

entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from two thousand to three thousand five hundred rubles; for legal entities - from five thousand to ten thousand rubles.

The fine for citizens is 1,500 – 2,000 rubles . There is no discount for this fine.

Please note that this fine is imposed when the car owner to the traffic police for registration. Those. If the buyer does not meet the 10-day deadline, then when submitting documents to the traffic police window, he will automatically receive a fine.

Unlike the fine discussed above, a fine for violating the registration deadlines will be imposed even if you bring the car to the traffic police on a tow truck.

For driving an unregistered vehicle

According to current legislation, it is prohibited to drive a car that has not been properly registered. Violation of this provision results in a penalty being imposed. The fine in 2021 is 500-800 rubles. This amount is issued by a traffic police officer to a driver who has been brought to administrative responsibility for this illegal action for the first time.

If the motorist continues to ignore the norms of the current legislation and continues to drive a vehicle that is not properly registered, the punishment will become more severe.

This violation entails:

• imposition of a fine in the amount of 5,000 rubles;
• deprivation of a driver's license for a period of 1-3 months.

The driver may be held administratively liable for driving without a registration certificate. In this case, the amount of the penalty will be 500 rubles.

A motorist who does not register a vehicle within the time limits established by current legislation should take into account that if he is stopped by a traffic police officer, he will not be able to continue driving even after drawing up a report. The fact is that, according to Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation, as amended by the Federal Law of October 14, 2014, the driver cannot continue driving without an STS. In this regard, the car is sent to the impound lot.

To prevent the evacuation of the car, the motorist must stop illegal actions on the spot. Since registration cannot be completed immediately, the vehicle will still be confiscated.

To return the car you need to do the following:

1. They close debt obligations to the traffic police for assigned penalties. They take a document confirming the transfer of funds to the recipient.
2. They undergo the registration procedure in the manner prescribed by current legislation.
3. Present the STS and other documents confirming ownership of the car. Usually a purchase and sale agreement is included in the package.
4. They pay for the time the car is in the impound lot. The amount depends on the region and the period of stay in a specialized parking lot.
5. They provide money for tow truck services and other costs.

Fine for an expired car purchase agreement

The purchase and sale agreement does not have an expiration date, so there is no need to worry about what will happen if it expires. However, by late agreement we mean a 10-day delay in registering the car by the new owner. In the case of purchasing a car, this period is calculated from the date of conclusion of the purchase and sale agreement.

If you do not have time to register your car, you will be held administratively liable. The fact that the car purchase and sale agreement has expired upon registration will certainly be noticed by the traffic police officers, since to register a car, the purchase and sale agreement must also be presented among all the documents.

If you have expired the car purchase and sale agreement, pay the fine and register the car as soon as possible. There are no other options.

The rules for registering a car if the purchase and sale agreement for a car has expired are no different from regular vehicle registration. You will need the same set of documents and an application for car registration. Information on what documents need to be collected, as well as a sample of filling out the application, can be found in the article “Documents for registering a car with the traffic police.”

What, besides a fine, threatens if the car is not registered?

As we found out, for the absence of STS and unreadable license plates, the driver faces a fine for an unregistered or unregistered car. But, in addition to this, the traffic police inspector has the right to take the car to the impound lot. But such a measure can only be applied if aggravating circumstances are added to the lack of STS or dirty numbers. For example, the fact that a citizen is driving a car without a license plate will serve as sufficient grounds to put the car in the impound lot.

You can pick up a car from there only after the citizen pays the required fine for the violation and presents proof of this to the traffic police inspector who assigned the car to the impound lot.

By the way, there is a fee for keeping your car in the impound lot and you will also have to pay its cost plus the amount of the fine, so don’t delay payment.

What is this new fine?

In October 2021, deputies of the Communist Party of the Russian Federation proposed to multiply the sanction under Part 1 of Article 19.22 of the Administrative Code - that is, for missing the registration deadline.

The change was initiated by the corresponding draft of the new law under number 819734-7, which has now been submitted to the State Duma for discussion and further readings.

That is, only the amounts of penalties change. But the wording itself, for which they are punished, remains unchanged. Here is her quote:

1. Violation of the rules of state registration of vehicles of all types, mechanisms and installations in the event that registration is mandatory...

Now let’s compare the actual amounts of fines for different categories of persons if you did not register your car on time, and the new penalties after the changes come into force.
Changing the fine for late registration with the traffic police

As you can see, the maximum level of the new fine for citizens may increase by as much as 5 times if the amendments enter into legal force.

For what?

The deputies themselves, who proposed changing the traffic police fine for late registration of a car with the traffic police, explained their proposal this way.

The current sanctions for this appeared back in 2013, and today they are not very relevant. The fact is that after the sale of the car and before the new owner re-registers, fines from photo recording cameras, as well as transport tax, come to the old owner, and this allegedly violates the rights of the latter.

Meanwhile, it is easier for the new owner of the car to pay a fine for missing registration than to pay for all the “chain letters” from cameras for speed and other violations, given that the total amounts of the latter can be significantly higher.

That is why legislators came up with the idea of ​​raising a new fine for failure to register.

However, the deputies did not take into account a number of important points.

• The car seller, in order not to pay fines from the cameras for the new owner and so that taxes no longer accrue, has the opportunity to stop registering the car in his name - and also online through State Services. The former owner can do this after 10 days.
• In justifying the small amount of the fine, legislators did not take into account the fact that there is also deprivation of rights for a repeated violation in the form of driving an unregistered car - and this already looks more serious than even a new fine of 10 thousand.
• The sanction under Article 19.22 does not apply to continuing offences. This means that the general statute of limitations for attracting them is 2 months from the date of violation. Thus, if the buyer of the car did not register it in a timely manner, he can avoid a new fine by simply arriving at the traffic police 2 months after the expiration of the 10-day period, that is, after the violation began. And no one can fine him according to the law.

When does it take effect?

This is not known yet. As of October 21, 2021, the new law is still at the stage of being submitted to the Duma. And this project awaits several more stages:

1. registration in the State Duma,
2. 1 reading, within which a new bill may be rejected,
3. 2 reading with the same prospects,
4. 3 reading, where also the update may be rejected,
5. adoption by the Duma (if the draft passes in all 3 readings),
6. signing by the President of Russia,
7. official publication.

And only 10 days after publication, a new fine for late registration of a car will enter into legal force and acquire official status. Only then will MREO inspectors be able to start fining drivers with new amounts.

Penalty parking as a measure to prevent the use of a car without registration

Such an administrative penalty is provided for in Article 12.3 - operating a vehicle without documents and also involves removing the driver from using the car and placing him in an impound lot. In this case, the traffic police inspector draws up a protocol indicating the essence of the offense, information about the owner of the car, the reasons for the violation, the exact time and date. This protocol is signed by the traffic police officer and the driver. In order to pick up your car from the impound lot, you must register the vehicle with the traffic police as quickly as possible, and also collect a package of documents to present to the impound lot employees: driver’s license, registration certificate, certificate from the traffic police and an insurance policy. And pay the fine within one month.

But there are exceptions when operating a vehicle without a registration certificate and without an insurance policy is permitted in the following cases:

• During the first 10 days after purchasing the vehicle;
• And when using temporary license plates. No more than 21 days allowed;
• According to the car purchase agreement, but not more than 10 days.

After this time, in any case, the vehicle cannot be used and it is necessary to register the car with the traffic police, otherwise the driver will face administrative punishment in the form of a fine or seizure of the car.