Power of attorney to deregister a car in 2021


What is the peculiarity of deregistration of a car (deregistration)

Automobile

On the territory of Russia, every car that is driven must be registered with the State Traffic Safety Inspectorate. As a result of this procedure, the State Traffic Inspectorate receives information about its owner.

But under certain conditions, the current Procedure and Regulations for vehicle registration allow owners to deregister them, while retaining the right to restore it if the reasons that led to this are eliminated. For example, if the car was severely damaged and it became impossible to drive it or it was stolen.

The new procedure is noticeably simpler than the one that was in force until 2013, and relieves motorists from going through lengthy procedures. In fact, it turned into a notification.

Do I need to notarize a power of attorney?

We have already considered the question of whether it is possible to deregister a car using a general power of attorney. Now is the time to move on to another interesting question about the need to legalize a certificate from a lawyer. After all, such a procedure requires additional funds, and therefore many drivers want to save on it.

But from the point of view of the law, such a possibility is completely absent, since a form drawn up in accordance with all the rules will not become valid without the signature of a special representative. This means that the guarantor, in case of failure to comply with these powers, will not bear any responsibility.

Based on this, it turns out that simply downloading a contract from the Internet and filling it out in accordance with the generally accepted template is not enough. If notarization is ignored, both parties may face serious problems, which are not always limited to a fine or loss of a driver's license.

Legislative regulation of the issue

The registration of vehicles and its termination in Russia are regulated by Government regulations and orders of the Ministry of Internal Affairs.

The Ministry of Internal Affairs issued its order No. 1001 of November 24, 2008, defining the procedure for registering cars, based on the Decree of the Government of the Russian Federation No. 938 of August 12, 1994. This regulatory act established the right of car owners to carry out all registration actions in any MREO of any region of the country.

In 2013, by Order No. 605, a new Administrative Regulation was put into effect for the provision of public services for the registration of motor vehicles and their trailers. This document, with amendments made to it in 2021, has significantly simplified the procedure for terminating car registration.

The regulation has effectively eliminated the phenomenon of “deregistration” in its old, complex form. Paragraphs 60 to 66 of the normative act are entirely devoted to this issue.

How to deregister upon full/partial disposal

To dispose of a vehicle, you need to collect a package of documents, then go to the traffic police and hand them over to the inspector:

  • internal passport;
  • technical certificate;
  • car registration certificate;
  • signs;
  • Recycling certificate form (full or specific details);
  • receipt for payment of duty.

For the requirements and form of a certificate of disposal of an out-of-service vehicle, see Order of the Ministry of Industry and Trade of the Russian Federation dated January 14, 2010 N 10

Deregistration upon complete disposal occurs in a few simple steps:

  1. To dispose of a machine with components, a person prepares all the documents.
  2. The traffic police inspector issues a recycling certificate.
  3. The car is scrapped, and the citizen receives a corresponding certificate.


Certificate of recycling
For partial recycling, the process is somewhat more complicated:

  1. The numbers on the units are verified. If the vehicle cannot move, an expert is called to inspect the vehicle and issue an opinion on its condition.
  2. The citizen pays a fee for the license plate unit.
  3. The documents are submitted to the traffic police, the inspector issues a certificate of the released unit.

Regardless of the choice of disposal, the state duty is 200 rubles. Without it, a certificate for released units will not be issued.

Reasons for deregistration of a vehicle

The current Administrative Regulations contain an exhaustive list of reasons why you can stop registering a car (deregister it).
Some of them imply that the car or its owner will disappear from the traffic police database forever, and some allow you to restore data if the reasons that caused its termination disappear. In accordance with paragraph 60 of the Regulations, registration can be terminated for the following reasons:

  • loss of car;
  • theft;
  • expiration of registration for a limited period;
  • sales;
  • since the leasing agreement has been terminated;
  • waiver of rights to insured property;
  • since the car is exported outside the country;
  • death or termination of activity (if we are talking about a legal entity) of the owner;
  • recycling.

It is worth noting that the rules of the Regulations presuppose: if the grounds for termination of registration are reasons number 1, 2, 3, 5, 8 from this list, then a record of deregistration is made in the vehicle passport (if it was not lost itself) due to with the loss of the vehicle or the inability to use it.

The first of the grounds listed by the Regulations for deregistration of a vehicle is its loss. This is also one of the most frequently cited reasons by Russian car owners in their statements.

The thing is that this term covers quite a wide range of factual reasons due to which a car can be considered lost:

  1. The car was involved in an accident, as a result of which it became impossible to drive.
  2. Transfer of control by proxy.
  3. Complex technical problems due to which she is confined to the garage for a long time.
  4. Disappeared for many years.
  5. Lack of any documents on the car.

If the reason for the loss of the vehicle is some kind of technical malfunction (including a traffic accident), then the conclusion of the service station will serve as evidence for the traffic police. True, regulations do not require the provision of an opinion when submitting an application.

How to fill out the form: sample application form

In the presented section of the application for deregistration. As noted above, the main differences are associated directly with the reason for the process. Application forms from the State Traffic Safety Inspectorate for deregistration of vehicles can be found using the links above.

Please note that the application form for completing the procedure for terminating the registration of mechanical equipment, depending on the reasons, is drawn up as follows:

  1. When transporting a vehicle to another country, it is necessary to write “export from the Russian Federation”.
  2. Partial recycling requires the issuance of a certificate for individual parts and components, which is indicated when filling out.
  3. Complete disposal requires an indication of the fact that there is no need to obtain a registration certificate, as well as the surrender of license plates.

A sample document, an application for termination of registration of mechanized transport, is drawn up without any marks and contains accurate information about the owner of the car. The applicant must adhere to similar positions.

Grounds for deregistration: theft

Subclause 60.2 of clause 60 of the Administrative Regulations gives the owner of the car the right to terminate its registration “due to theft.” This rule is extremely important for car owners who are faced with such a nuisance, since continuing to be considered the owner of a car that is in the wrong hands is dangerous.

Firstly, this risks the fact that the owner from whom it was stolen will be considered a participant in illegal acts in which the car is seen. You will have to prove your non-involvement to law enforcement agencies, which is not so easy.

Secondly, while the car is being searched for and a thief is driving it, the car owner needs to pay transport tax. And the time that will pass before the criminal is discovered can last a very long time.

Unfortunately, this withdrawal method is sometimes used for fraud. Some car owners, deregistering their vehicles due to theft, are thus trying to get rid of the need to pay fines. They take advantage of the fact that the list of required documents does not imply the presence of evidence to file a theft claim. If, nevertheless, deception is discovered, it threatens with serious punishment.

Car owners who are concerned about how to deregister a stolen car will need to go through the same procedure as if it was lost. The only difference is that the application indicates a different reason. Simultaneously with the withdrawal, his numbers are put on the wanted list.

How to cancel the registration of a car due to theft, larceny or theft?

Filing a complaint with the police

The very first thing a person whose car has been stolen should do is contact the police and file a report of theft (theft). After accepting this application, the police initiate a criminal case and begin investigative measures.

Important! After deregistration, search activities do not stop, but the owner is released from the obligation to pay tax - Letter of the Federal Tax Service of Russia dated April 17, 2019 N BS-4-21/7176.

If the stolen car cannot be found, the victim receives a notice of complete termination or premature closure of the criminal case.

Obtain a certificate from the police stating that the vehicle was indeed stolen. This certificate is required to apply to the traffic police.

Submitting a package of documents to the traffic police MREO

After an application for theft has been submitted to the internal affairs bodies and the corresponding certificate has been received, you should contact the State Traffic Inspectorate, collecting the necessary papers for this:

  • identification card of the owner of the vehicle;
  • technical certificate;
  • police certificate;
  • statement from the owner.

If a citizen applies not personally, but through a representative, a power of attorney is required.
The application shall indicate the following information:

  1. The header states to whom the application was sent and from whom.
  2. The text requests termination of registration and indicates the reasons for this. It describes what exactly happened and under what circumstances, if documents were stolen along with the car, this should also be reflected.
  3. The characteristics of the vehicle are given (make, number, VIN, year of manufacture, etc.).
  4. Enter the passport details of the applicant.
  5. Below is the date of application and signature of the applicant.

There are two ways to contact the State Traffic Inspectorate:

  • personal visit;
  • online through the State Services website.

Contacting the traffic police online occurs in several stages:

  1. Registration on the website www.gosuslugi.ru.
  2. Login to your personal account using your username and password.
    Attention! To apply for this purpose, simply registering on the website will not be enough; you need to confirm your account (verify by phone and through the Main Department of Migration of the Ministry of Internal Affairs).
  3. Filling out the electronic application form.
  4. Selecting the most convenient time, date, and branch address.
  5. Data processing.
  6. Consideration of the application by traffic police officers.

On the site you need to do the following:

  1. Enter the service catalog.
  2. Select the type of subject (individual, legal entity, individual entrepreneur).
  3. Go to the "Transport and Driving" category.
  4. Select the vehicle registration section there.
  5. Next is the section on termination of registration.
  6. Click on the book an appointment button.
  7. Select a convenient division of the MREO.
  8. Indicate the grounds for termination of registration.
  9. Fill out the online application and submit it for processing.

In any case, using the Internet does not eliminate the need for a personal visit to the traffic police , but simply helps to save a little time.

Sometimes, when checking the submitted papers, you may be asked to write an explanatory note (this can be done on a separate form or on the back of the application).

After the documents have been accepted and processed, their originals are returned to the owner and the registration suspension procedure can be considered completed. In the operational databases, the car will no longer be listed as belonging to this citizen, but will end up on the wanted lists. Also, the data is transferred to the Federal Tax Service and the person is exempt from transport tax.

In case of refusal to terminate registration, the reasons will be indicated and employees will tell you how to act in this case. You may need to provide some other documentation, or if the documents were also stolen along with the car, restore them.

Termination of registration due to theft or other type of loss is free for the owner of the vehicle ; no fee is charged for this service (the exception is for commercial organizations, they charge money for preparing documents).

Termination of vehicle registration in order not to pay transport tax

Many car owners are faced with the fact that for some reason they cannot use their car - for example, it was in an accident and requires lengthy repairs - but at the same time they have to pay transport tax.
Naturally, they wonder if this can be done legally? Yes, the state provided such an opportunity, allowing the temporary termination of vehicle registration at the request of its owner. You can write a statement stating that the car was lost. Since in this case it is not required to be brought to the MREO, a refusal is unlikely. But, having decided to do this, firstly, you need to take into account the fact that after the driving characteristics of the car are restored, it will still have to be registered again. This means paying the required duty. The owner should compare the cost of paying tax and the amount of state duty before he decides to deregister the vehicle.

But there is a situation where such a comparison does not matter. We're talking about car theft. In principle, it makes no sense to pay transport tax in a situation where the car is stolen. It is unknown how long it will take law enforcement agencies to solve the crime, and whether the car will be returned in principle.

What documents are needed for deregistration due to the loss of a vehicle?

In order to terminate the registration of a car due to its loss (as well as theft or expiration of its validity for a limited period), you need to collect a number of documents, which are then submitted to any selected MREO.

Today, this list includes:

  • statement;
  • identification document (usually a passport);
  • power of attorney on behalf of the owner (if he and the applicant are not the same person);
  • registration certificate (if the applicant has it);
  • PTS (if the applicant has it);
  • car numbers (if the applicant has them).

This procedure does not provide for a state fee, so the list does not include receipts for its payment.

The application must be properly completed and submitted along with other documents to any Interdistrict registration and examination department of the State Traffic Safety Inspectorate in Russia. The owner of the car has no obligation to go to the place of registration to remove it from it.

Application for termination of registration

There are two legal ways to write an application to terminate the registration of a vehicle - in any form or using the form from Appendix No. 1 to Order of the Ministry of Internal Affairs No. 605 (Regulations). The second option is preferable.

Application forms in accordance with the form from the Regulations can be obtained by contacting the MREO or by printing them yourself (if the filling is not done electronically). You can fill out the form on a computer or manually. In the latter case, you should use a pen with blue ink. The applicant's signature is always affixed in his own hand.

When filling out the application, it is very important not to make mistakes with the basic information. No corrections or errors are allowed. If there are any, the application is rewritten in its entirety, and the package of documents is returned to the owner.

The paper has nine blocks, each of which contains information about the car, its owner or the authorized person who submitted the application.

In the first of these blocks, you will need to fill in the following data:

  • a header with inspection data and the name of the applicant;
  • highlight the grounds for termination;
  • complete information about the vehicle.

In the second block, you must indicate the applicant’s full transport details. The third contains information about the applicant acting under a power of attorney, which was given to him by the owner of the vehicle. The remaining blocks of the document are filled out by MREO employees if such a need arises.

Filling out an application for deregistration

Despite the variety of cases, one document is always present on the list - this is an application for deregistration of vehicles. The document must be completed by the owner or an authorized person who has a general power of attorney. The main difference when filling out is the reason for termination of registration. A sample document can be obtained from the traffic police or on the official website of the traffic police.

We suggest using a blank form, which is presented on this page in doc and pdf format. In addition, use the example of filling out an application for termination or complete deregistration of a technical device. Which is presented below. When deregistering a vehicle, the State Traffic Police itself insists on filling out the documentation in advance, which reduces the queue and ensures comfort for the operator and the served party. An application to the traffic police or the traffic police to deregister a car or mechanical equipment sometimes requires contacting the tax office.

Passage order

The procedure for completing registration actions, including its termination, has been significantly simplified thanks to Resolutions of the Ministry of Internal Affairs No. 139 of March 20, 2021. Now it takes quite a bit of time, and all requirements are expressed in regulations with sufficient clarity.

In order to deregister a vehicle, you need to follow a few simple steps:

  1. Decide on what basis will be used as the reason for deregistering the car. The law provides quite a lot of freedom of action in this matter, but one must take into account the fact that what is revealed may entail liability.
  2. Determine the owner of the vehicle in accordance with legal data. If it is known for certain, then this stage is skipped.
  3. Select the inspection unit that is best to contact. The legislation does not limit the choice of MREO in any way - you can deregister a car in any locality of the Russian Federation.
  4. Collect all the necessary documents, the list of which is given above, and write the application correctly. Submit these documents.

When submitting documents to the admission window, the applicant may be required to write a short explanatory summary on the back of one of the submitted documents. When the papers are processed, their originals are returned to the owner.

As a result of completing these steps, the car must be deregistered and its owner ceases to be listed in the traffic police database.

In what situations is it necessary to deregister a car?

The law specifies 5 main situations that oblige Russians to deregister their car:

  1. Moving within the country
    . Only permanent change of residence from one region to another is taken into account. Traveling around the city or your region does not require deregistration.
  2. Hijacking
    . The first step is to contact the State Traffic Safety Inspectorate with a statement. Withdrawal is carried out according to a simplified procedure. If employees find the car, it is re-registered.
  3. Participation in the vehicle recycling program
    . The citizen can choose whether the entire car or some parts will be recycled. The owner of the car receives a unique right not to pay transport tax.
  4. If after the sale of the car it was not re-registered within 10 days
    . If the seller does not deregister the car for the new owner, fines will begin to be received in his name. It is highly recommended to re-register the car within the time limits established by law. Registration can be terminated automatically by a traffic police inspector if the seller approaches and provides a sales contract.
  5. Crossing the Russian border by car
    . Removal is required when taking the car out for a long time. Only entrepreneurs and legal entities can obtain transit license plates; other citizens are required to register their car at their place of stay. If the registration at the new place of residence is temporary (from 6 months), then the owner of the car will receive license plates of both states in which it was registered.
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