Termination of registration of a vehicle due to loss

The law provides that the owner of a car can temporarily deregister it with the traffic police. But in order to start using the vehicle (VV) again and not break the law, you need to register it again. One of the undeniable advantages of this procedure is the absence of mandatory payment of state duty.

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

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.

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.

What does deregistration of a car mean?

The concept of cancellation, termination of state registration of vehicles was officially introduced in 2011. From time to time, the processes of deregistration and termination of registration sometimes designated one procedure, sometimes they differed. After the latest legislative changes in January 2021, they again have their own meanings.

In fact, cancellation of state registration is a mandatory procedure that the owner has the right to carry out in relation to a car after its sale. It is purchase and sale that is the most common reason for termination of registration.

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:

The car was involved in an accident, as a result of which it became impossible to drive.
Transfer of control by proxy.
Complex technical problems due to which she is confined to the garage for a long time.
Disappeared for many years.
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 deregister a car with debts

Fine payments, taxes, outstanding loans and other obligations not paid on time may result in the imposition of restrictions on registration actions with the debtor's car. Also, the buyer of a credit car will not be able to completely dispose of it. Let's consider situations of what to do if the car needs to be deregistered.

In order to force the debtor to pay, the state has such leverage as limiting registration actions with the vehicle. It is always executed in the same way - the bailiff sends a letter to the traffic police, in which he asks to limit any manipulations with a specific car. Sometimes the initiator can be other departments - customs, investigative authorities, social protection authorities. It depends on what the debts were incurred for.

Removal from the register

Before dealing with debts, let’s touch a little on the issue of the registration actions themselves. From January 1, 2021, the Federal Law on Vehicle Registration is in force. It contains two points regarding the “severance” of the relationship between the owner and the car:

Article 4. Clause 3 “Cessation of state registration of a vehicle - inclusion in the appropriate entry of the state register of vehicles of information about the temporary termination of the vehicle’s admission to participation in road traffic.”

Article 4. Clause 5 “Removal of a vehicle from state registration - transfer of a vehicle record to the archive of the state register of vehicles.”

From these definitions it is clear that termination of accounting (registration) is a temporary and reversible procedure that can occur at the initiative of the current or former owner, in the event of the death of the owner or liquidation of a legal entity, if registration was made using forged documents or the temporary period has expired registration. Deregistration is the final “parting”, which is possible when the car is exported abroad, scrapped, or a year after the end of temporary registration.

That is, you cannot simply deregister a car - it must always have an owner. Termination of registration is most often necessary to preserve license plates (you cannot drive on them, since they are included “in the search records of lost special products of the State Traffic Inspectorate”) or to suspend the payment of transport tax. In this case, there seems to be no car, since the traffic police confiscates and destroys all the documents for it, but when renewing registration with the MREO, you need to provide a title, which means that the connection to the person seems to be preserved.

In this regard, a question. Is it really necessary to deregister a car or suspend its registration? If the answer is yes, or if a very responsible owner is going to sell the car and suddenly it has restrictions, then you need to deal with them and the debts.

Prohibition on registration actions

We have already written in detail about how and why bans are imposed and how to remove them. Let us briefly remind you that the ban is imposed and lifted by bailiffs by court decision (debts on taxes, alimony, etc.) or by request of the Ministry of Internal Affairs (unpaid fines). The traffic police registration units enforce the ban. The imposition of a ban means that legally nothing can be done with the car - neither change the owner, nor restore lost documents, nor scrap it, nor make changes to the design - nothing.

If the ban is not lifted, the owner of the car becomes such forever. He will never be able to deregister the car or stop registering it. Regardless of how you submit your application - through State Services or during a personal visit to the traffic police, you will receive a written refusal with reference to the enforcement proceedings, within the framework of which restrictions are imposed. Even if the car is scrapped and you have a certificate about it, the car will not be deregistered.

Only bailiffs can lift restrictions, and they do this only after the debt has been paid off or if the current owner proves that these debts are not his.

Restrictions on the previous owner

Quite often, bailiffs are not very clear about who owns the car at the time the restriction is issued. Therefore, incidents may arise when the debtor is the previous owner or even a person before him, and the current bona fide owner cannot dispose of it. But this is good, if you can say so about the situation when something needs to be proven to our government agencies.

In this case, the owner needs to take the STS, PTS with the signatures of the seller and buyer, the purchase and sale agreement, make copies of them and deliver them to the bailiff who imposed the restriction. If it is within transport accessibility, that’s great, go to it on Tuesday before 13.00 or on Thursday afternoon. Please note that there are usually a lot of visitors, and it is better to come very early, and during quarantine events there is no reception at all. In the latter case, and also when the bailiff is far away, you need to write letters. In free form, state your request for the removal of restrictions in connection with the property being in the ownership of another person and attach copies of the above documents as evidence.

It is better to send letters at least as registered letters, and preferably with a description of the attachment. From the moment of delivery (we track it on the postal website), we note 30 days + time for delivery of the response letter (if it arrives, it will most likely contain a refusal and its justification). Also, after delivering your letter, you can sometimes go to the traffic police website and check for restrictions. If you removed it, good, you manage your property. If not, we write a second letter to the bailiff and a copy to his superiors. The shipping and tracking procedure is repeated. If the result is not achieved again, you need to write a complaint first only to the head of the territorial division of the FSSP, where “our” bailiff works, and then you can go to the prosecutor’s office. Those who are particularly dissatisfied are still seeking disciplinary action against the bailiff for dishonest performance of duties.

Restrictions have been lifted

A visit to the bailiff or correspondence with the FSSP most often ends with the restrictions being lifted. It is extremely rare to have to prove the illegality of imposing a ban on registration of a car through the court. Of course, the restrictions are lifted after the debt is paid off - this option should not be excluded either, since this measure can be used for insignificant amounts, for example, for a tax debt of 50 kopecks. In any case, you can calculate how much it will cost to pay transport tax for life and whether the estimated amount exceeds the amount of debt.

After the restrictions are lifted, the bailiff must send a letter about this to the traffic police via the interdepartmental electronic document management system. It takes two to three days to get there, after which you can safely deregister the car, stop registering it, or perform other actions. It is possible that the letter did not arrive the first time or a technical failure occurs and the information in the traffic police database has not been updated. You will have to contact the bailiff again and ask to send the letter again.

How to transfer a car to another person without paying off debts?

Since during a regular sale you need to re-register the car, which means making changes to the registration documents, this option is not suitable. Of course, you can conclude an agreement, hand over documents and keys, but when the new owner comes to the traffic police to register the car in his name, he will be refused. We will not discuss the moral side of such a “scammer.” Legally, the buyer can terminate the contract, including through court, and demand his money back, including compensation for moral damages and any other damage.

Selling “by proxy” is theoretically suitable, but you need to understand that the car will continue to “hang” with the previous owner. This means that he retains the obligation to pay transport tax, all fines come to him, and if the car gets into trouble, then the first suspect will be the owner according to the documents.

What if the car is not physically there?

Nobody cares. Until the debts are repaid, the car will still be registered with its owner. Even if it was washed away during a flood, even if it is a pile of iron after an accident, even if it was stolen and its whereabouts are unknown. The only concession provided by the Tax Code in case of theft is that the car will continue to belong to the owner, but he will not have to pay transport tax.

To do this, the theft must be formalized in accordance with all the rules - with the submission of an application to the Ministry of Internal Affairs and the initiation of a criminal case. A certificate of investigative measures carried out within the framework of this case will be the basis for the abolition of transport tax. But if the thief drives a car and receives fines, they will have to be contested on the basis of the same certificate. And when the car is found, no matter what condition it was in, or the case ends, everything will return to normal.

Car with credit debts

Such a car can also be classified as a vehicle with a limited list of registration actions, since it is the subject of a pledge. However, a car purchased on credit that has not yet been repaid can be sold, therefore, it can be deregistered or deregistered. Only this needs to be agreed upon with the mortgagee (bank or other credit institution). We have already written in detail about the purchase of collateral cars. In short, you can sell a car either by paying off the debt using the funds received from the transaction, or by changing the borrower - at the same time there is a change of owner and debtor. In both cases, the registration of the car is changed in the usual manner on the basis of the purchase and sale agreement. The traffic police don’t care what the conditions are there and who owes whom how much. The parties to the transaction themselves are worried about this.

Restrictions on registration actions, arrest and other prohibitions are some of the most effective ways to force a debtor to pay. Therefore, these measures are becoming increasingly popular. To avoid dealing with them, it is better to make mandatory payments on time and not accumulate debt on them. You can also negotiate with bailiffs on installment plans to repay debts. Well, in order to avoid becoming the owner of such problematic real estate, you need to check the car for restrictions before purchasing.

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.

Grounds for refusal

If the actions are carried out correctly and the entire set of required documentation is provided, the vehicle will quickly be deregistered. But in some situations, traffic police officers may refuse to provide such a service.

There are several reasons for the negative decision:

The vehicle is listed as wanted according to the operational database.
The documents are not provided in full, or they contain false or unreliable information.

The new owner may be denied re-registration due to the lack of compulsory motor liability insurance or unregistered changes in the design of the car, or if a ban on actions with the vehicle is discovered.

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.

When it's time to scrap the vehicle

During recycling, the car is almost completely disassembled, rubber and plastic parts, electrical equipment are removed, oils and technical fluids are drained, and the bare metal is sent to a blast furnace.

Deregistration of a vehicle after disposal is most often required if it:

It has fallen into complete disrepair due to an accident, fire, natural disaster, wear and tear or corrosion and is not subject to further use.
It is disposed of in order to purchase a new one under the state program.

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.

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:

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.
Determine the owner of the vehicle in accordance with legal data. If it is known for certain, then this stage is skipped.
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.
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.

What does car recycling mean?

Starting from 2021, you can recycle an old car before the vehicle has been deregistered. Only after handing over the vehicle, having secured the appropriate confirmation from the recycling point (according to clause 15.7 of Order No. 605), the owner submits an application to the regional office of the State Traffic Inspectorate to deregister the vehicle.

Until now, the procedure for registration actions was different: the owner first went through the procedure of deregistering the car, then sent it to a recycling point.

After deregistration of a vehicle, the car owner can restore the registration at any time if disposal has not been carried out. The standard algorithm for registering a car that was previously removed from it is carried out according to the same rules as during the first registration.

Owners of a vehicle can apply to deregister a vehicle at any traffic police department, regardless of place of registration and residence.

At the owner's request, the car can be disposed of incompletely, for example, the power unit can be left behind. The State Traffic Inspectorate will need to issue and obtain a registration certificate for the engine. In this case, before sending it to the recycling point, inspection staff inspect the vehicle.

If the car is completely scrapped, the vehicle is not inspected.

Recycling is the recycling of a car that has fallen into disrepair or has expired. Recycling itself is a labor-intensive process; each type of material is disposed of separately.

In Russia, the state recycling program has been successfully operating for several years, thanks to which every vehicle owner can take advantage of a discount on the purchase of a new domestically assembled car in exchange for a non-working vehicle.

Full

Recycling is considered complete when all parts of the vehicle are recycled . At the recycling point, disassembly is carried out: all components are removed from the body: rubber, power unit, wheels, glass, instruments, etc. The body is crushed, pressed and sent for melting.

Partial

Partial recycling is considered to be the recycling of vehicles without numbered units. Owners are given the opportunity to keep some numbered parts for themselves.

Units that are not recycled are subject to separate registration with the State Traffic Safety Inspectorate and the issuance of appropriate certificates for numbered components.

The released unit is subject to a duty paid by the owner.