Denis Frolov

A person who buys a used car must necessarily register the car. If the car numbers remain the same when selling, you should simply go to the traffic police and add changes to the database (in other words, re-register the car). The new owner must make this simple operation within 10 days from the date when the contract of sale was drawn up.

Unfortunately, many buyers often ignore this rule, or are completely unaware of it. Therefore, if the new owner of the purchased car gets into an accident or violates the rules of the road, the fine will go to the name of the old owner of the car. In addition, he will also be fined for not having time to re-register the vehicle within 10 days after the purchase. In such a situation, it will have to be paid by the previous owner of the car.

Of course, there are fines that are paid “on the spot”. A new owner caught in such a violation will have to do it himself. But otherwise, the fines after the sale of the car do not differ from the fines that must be paid while owning the vehicle. For example, if the new owner, without registering, exceeded the speed limit by 20 km/h, the old owner will receive a fine of 500 rubles. If the speed is exceeded by 80 km / h, the old owner will have to pay about 5,000 rubles.

The list of fines that are issued by car number and come to the old owner:

• exit to the oncoming lane (4-5 thousand rubles);
• riding on the sidewalk, footpath (about 2 thousand rubles);
• violation of road markings (1–1.5 thousand rubles);
• ignoring or incorrectly following road signs (about a thousand rubles, but in some cases, for example, if the rules are violated by a truck on a busy highway - up to 5 thousand rubles);
• and many others.

As you can see, almost all common violations entail a fine according to the car number. Thus, in 90% of cases, instead of the new owner of the car, the old owner will have to pay the fine.

How to return the money spent?

If fines come after the sale of the car - they, unfortunately, have to be paid. That is the law. But you can fully return your finances if, immediately after payment, you sue the new owner of the car. To do this, you will need to collect several documents:

• a contract of sale (the main document, which in the traffic police serves as the main evidence of the fact that the car belongs to a completely different person);
• act of acceptance and transfer of the car to the new owner;
• copies of receipts confirming the payment of the fine (they must be provided in court, applying there with a demand to recover unfairly spent money from the new owner of the car).

Another option for returning money is to put the car on the wanted list. If you do not want to contact the court, you can use this option. As soon as the car is found, it will immediately be arrested, and the new owner will be able to get it back only after satisfying your financial claims.

Of course, the easiest way would be to call the new owner and personally sort out the situation. But in practice, this method turns out to be ineffective, because many people do not want to make contact, especially when it comes to money.

How to stop getting fined? Ways to solve the problem

Fines come after selling a car: what to do? The above options with a trial and search are unacceptable for many people, because they do not want to get involved in such processes. In addition, you can go to court or put a car on the wanted list only after the fine has already been paid. But the problem can be resolved even before the first "letter of happiness" arrives.

Peaceful solution to the problem

This is an obvious, but by no means the most accessible way out of this situation. If the previous owner of the car chooses exactly this method, he must act according to the following algorithm:

• call or meet with the new owner of the car.
• find out why you are getting fines instead of him;
• convince him to pay fines;
• keep the receipt.

As a rule, the decisive argument in this difficult matter is that the new owner may receive a fine of 3,500 rubles if he does not re-register the purchased car within 10 days after the transaction. In addition, in some situations, for such violations, they can even deprive him of a driver's license for 3 years.

Cancellation of registration

This method only works if there were no fines yet. You need to go to the traffic police and find out if the new owner of the car has re-registered. If they answer that this did not happen, and the 10 days indicated by law have already passed, you can write an application to cancel the registration. This is a preventive measure, and if at least one fine has already come, this option is not possible.

Application to the traffic police

This is quite difficult, but the most legal way. Having received a fine for a sold car, within 10 days it is necessary to write a complaint stating that you do not agree with the decision to fine. It should be written in the name of the head of the traffic police. In such cases, the law always protects the interests of the former owner. But you must provide proof of the fact that the car has changed ownership. The best option would be a sales contract, which is why you should always keep a copy of it. The application can not be attributed personally, but sent through a special form on the website of the traffic police.

Cancellation of the contract

This is also one of the effective ways that allows you to stop (or prevent) receiving fines after the sale of a car under a sales contract. You can cancel the contract only if 10 days have already passed, and the new owner has not yet re-registered the car. If you already received a fine before canceling the contract, you can get exemption from paying it.

You will have to prove that the new owner committed the offense, but in practice there are often problems with this. To avoid trouble, you need to keep all papers related to the sale of the car.

Application to the court

This option has already been discussed above. It is very effective if you want to return the money spent on paying fines. But in order to prevent getting fines in the future, one of the previous options should be followed. By the way, if you receive fines after selling a car in another region, then it is not necessary to go to this region and file a lawsuit there. You can apply to the court of the locality where you live.

Can you just not pay the fine?

The answer is simple: you can't. Unfortunately, all fines received after the sale of the car in 2018 must either be paid or appealed through the appropriate authorities. Many people believe that since the car no longer belongs to them, then they do not need to pay a fine. This is their main mistake.

The former owner may be held administratively liable within 130 days after he received the fine. For the first 10 days, he can appeal the fine, for the next 30 days he must pay it, and for the next 90 days he will be listed as a debtor, which will entail appropriate liability. If you ignore the payment and at the same time do not prove your non-involvement in the offenses committed, you can even get arrested for 15 days. Thus, one should not think that an unfairly imposed fine is a reason not to pay.

When selling a car, it is not enough just to conclude an agreement with the buyer and receive money. For all government agencies (traffic police, tax office), the buyer will become the full owner of the car only after registration with the traffic police.

It is necessary to notify the traffic police of the change of ownership within 10 days. Failure to comply with this requirement threatens with unpleasant consequences for both the seller and the buyer. But it happens: you sold the car, and fines come, what to do in this case?

Since 2018, new rules for registering a car have been in force. The responsibility for it now lies with the buyer. You need to register the car within 10 days after purchase (clause 6, article 1 of the Order of the Ministry of Internal Affairs of Russia No. 399 dated 06/26/2018). If the requirement is not met, the owner will be fined in the amount of 1,500 to 2,000 rubles (1 article 19.22 of the Code of Administrative Offenses of the Russian Federation).

Attention! If the car is registered to an organization, then the fine can reach 10 thousand rubles.

Is it possible not to pay a fine if the car is sold

You can't just ignore this penalty. Despite the fact that under the contract of sale the car has a new owner, the traffic police issues fines for the owner of the car, which is recorded in their database.

Until the buyer registers the car, the previous owner will have to answer for fines. If no action is taken, the traffic police will transfer the case to the bailiff service.

60 days are allocated for payment of the violation (and another 10 days for appeal). Ignoring the deadlines will lead to the initiation of enforcement proceedings against the violator. This threatens to freeze bank accounts, deduct from wages and other restrictions.

In this case, the amount of debt will greatly exceed the original amount of the fine. For violation of the terms of payment, the owner is threatened with a two-fold increase (part 1 of article 20.25 of the Code of Administrative Offenses).

The Code also provides for other penalties:

• administrative arrest for up to fifteen days;
• Compulsory work for up to fifty hours.

Important! The bailiff has the right to prohibit travel abroad if the debt exceeds 30 thousand rubles (No. 190-FZ 26.07.2017).

What to do if fines come to you and there is a contract of sale

Most importantly, you can’t just ignore the fine. Within 2 months, which are given for its payment, it is necessary to resolve the problem. There are several ways to do this.

Solving the issue amicably with the new owner

The simplest and least expensive option. You need to contact the buyer, describing the situation. At the same time, it is worth asking about the reasons for the violation of the deadlines for registering a car and recalling the requirement of the law.

You can pay the fine in two ways:

• give the buyer receipts for self-payment;
• pay yourself and take money from the violator.

Attention! If you cannot contact the buyer by phone, you can send him a registered letter to the address specified in the sales contract.

At the same time, the receipt of dispatch must be kept (for attachment to the case file, if it comes to litigation). If you can't get in touch, you can proceed to the next options.

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Cancel traffic fine

Regardless of the actions of the buyer, the seller has every right to cancel the fine. You can do this in advance, immediately upon receipt of the receipt. The action will be legal and will save you from further problems with the traffic police.

To avoid liability to pay a fine, it must be appealed. The algorithm of actions is as follows:

• Do not miss the appeal period - 10 days from the date of receipt of the notice.
• Prepare a complaint against the decision (in the text indicate the reason for the appeal - the fact that the car was sold). It is necessary to substantiate the complaint by attaching a copy of the sales contract.
• Send a complaint by registered mail to the Center for Automatic Recording of Administrative Offenses in the Field of Road Traffic.
• In case of missing the date of appeal, you can write a petition for the restoration of its term.
• You can find the address of the Center on the fine form.

Note! Complaints are filed for each fine separately.

The best option is to appeal the fine immediately, regardless of whether you managed to contact the buyer or not. Such promptness will help not to miss the deadline for appealing.

Cancel vehicle registration

If it was not possible to get in touch with the buyer, you should resort to a radical method - canceling the registration of the car.

Even if the fines are appealed, keeping the car registered with the previous owner threatens him with other consequences:

• new fines;
• transport tax.

To avoid a negative scenario, the former owner of the vehicle has the right to terminate the registration of the car (clause 8.2 of the Order of the Ministry of Internal Affairs of Russia No. 399 dated 06/26/2018).

This will require:

• Prepare an application to the traffic police with a request to terminate the registration of the car.
• Apply with this document at the inspection department, attaching the contract of sale to it.

Important! From the moment the complaint is filed, the state signs of the car and registration documents become invalid. At the same time, the data on them are entered by the State traffic inspectorate into the relevant search records within 10 days.

You can also deregister a car online through the State Services portal. At the same time, a visit to the traffic police will not be required at any of the stages.

To complete the procedure, you must:

• Register and log in to the State Services Portal.
• Go through the sections - "Registration of motor vehicles and trailers to them" - "Deregistration of the vehicle during disposal or export outside the borders of the Russian Federation" - "Cancelation of registration of the vehicle by the previous owner after 10 days ..".
• Select the "Electronic Service" option.
• Fill out the application with the following information:
  • Your own passport information.
  • Data of the passport of the new owner.
  • Data from the vehicle registration certificate.
  • Scan of the sales contract or other document confirming the sale of the car.

All data is verified by the inspector. If no errors and inconsistencies are found, the traffic police will stop registering the car. The service is provided free of charge.

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What to do if the car is sold, and fines come?

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A signed contract for the sale of a vehicle does not relieve the owner of the car from liability to the traffic police and the tax office. The owner of the car is a person whose data is entered into the database of the State Inspectorate for Road Safety. Not all Russian citizens act within the framework of the current legislation and register the car in a timely manner. By law, this takes 10 days from the date of the transaction. If the new owner violates the deadlines and the car is not registered, information about any offenses, including fines, is sent to the previous owner. What to do if a fine has come for a sold car, where to go, as well as other legal subtleties, you will learn from the article.

Why fines on a sold car are sent to the previous owner

The requirement to re-register the car is enshrined in paragraph 6 of the order of the Ministry of Internal Affairs of the Russian Federation No. 399. In accordance with this rule, any vehicle must be registered within 10 days after the conclusion of the transaction. Otherwise, the seller of the car will continue to receive notifications of violations and fines. As for the new owner, he can be punished:

• a fine in the amount of 3.5 thousand rubles;
• deprivation of the right to drive a car for up to 3 years.

In accordance with the Order, the seller has the right to independently apply to the traffic police and deregister the car due to the sale. This can be done within 11 days from the date of the transaction.

What to do if the car has already been deregistered, and fines are coming?

1 Settlement agreement with the buyer of the vehicle.

If, after the execution and registration of the contract, fines continue to come in the name of the previous owner, most likely, the buyer did not re-register the car in his name. Lawyers recommend doing the following - contact the buyer and ask:

• re-register the car;
• pay a fine.

If the phone number of the second participant in the transaction is not preserved, his contacts must be indicated in the agreement.

2 Through the traffic police.

A peaceful way to solve the problem does not always work, so the next logical step for the seller is to contact the traffic police (the department where the vehicle was registered), file an application with a request to deregister the car. The required package of documents is an application, the original and a copy of the contract. Based on the information received, the applicant receives a certificate confirming the deregistration of the vehicle.

3 Through CAFAP.

A citizen of Russia has the right to appeal against a decision on a violation within 10 days from the date of receipt of the decision. The document must indicate the reason for the complaint - the sale of the car. Additionally, an agreement on the purchase and sale of a car is attached.

CAFAP has the right to withdraw and annul the decision.

The applicant is obliged to confirm the fact that the car is in the use of another person (buyer). Explanations are presented in the Decree of the Plenum of the RF Armed Forces dated October 24, 2006. The confirmation will be the sale and purchase agreement.

The complaint is written in the name of the head of the traffic police, the document can be taken personally, sent by mail (required with notification), use the official website of the state inspection www.gibdd.ru.

If it was not possible to apply to CAFAP within ten days, you will have to prepare a petition to restore the appeal period.

How to cancel the traffic police fine if the car is sold? - we act through the court.

If a notice of prosecution has already been received, it can be appealed through the court. Indisputable evidence of the illegality of the decision will be:

• agreement;
• certificate confirming the deregistration of the vehicle.

5 Cancellation of the contract.

You can invalidate the agreement if more than 10 days have passed since the date of its signing, the new owner has not re-registered the vehicle.

With a fine, you should do the following - file a complaint with CAFAP and provide a terminated contract as confirmation that at the time of the offense the car belonged to another person. In this case, the applicant will be released from the financial penalty.

Legal nuance

The owner of the car, being a taxpayer, pays the transport tax. When the new owner does not register the vehicle on time, the tax liability remains with the previous owner. To avoid difficulties with the tax office, after the conclusion of the transaction, you need to contact the tax office, submit an application where you indicate that the car has been sold, and also deregistered. Supporting documents must be attached to the application - a contract, a certificate.

The tax office independently makes a request to the traffic police to confirm the information on a particular vehicle.

Question answer

Which piece of legislation governs the registration of all vehicles?

Order of the Ministry of Internal Affairs of the Russian Federation of June 26, 2018 No. 399 "On approval of the procedure for registering vehicles."

Is it possible not to pay a fine if the car has already been sold?

If a notice of a penalty charge is received after the transaction, it is impossible to ignore the document without paying it. Even if the new owner re-registers the vehicle, the penalty will remain with the previous owner.

There are cases when a person sells his car, the buyer is satisfied, the contract is drawn up in accordance with the law, but after a while unknown fines begin to arrive. Moreover, the rules are violated in a completely different city, and the traffic police do not pay attention to this. A fine can come for speeding, crossing a double line, etc., but someone has to pay for everything. As a rule, most often a person is obliged to pay, who did not violate the rules of the road, namely the old owner of the car.
Why might this happen? Firstly, the person who bought the car could drive home and pick up fines on the way. Secondly, he purchased the transport and did not rush to remove it from the registration, that is, to register it for himself, he drove and picked up fines during this time. And it may be worse that a person continues to drive a car that is not registered with him.

Solving the problem peacefully

This is one of the most difficult ways to solve the problem, but it is most often used first of all by former car owners who receive penalties. Many people think that negotiating with the new owner of the car is as easy as shelling pears. In any case, first you need to deal with the fine that has come. First of all, you need to contact the buyer and try to peacefully resolve the situation with him, tell him that fines have arrived, and present all supporting documents. It is necessary to ask him to pay a fine, and if he did not register it on himself, ask him to do so.

Solving the problem with the help of the traffic police

If it was not possible to contact the person, then you need to act differently, namely:

1. Go to the official website of the traffic police in the appeal section and send the questionnaire.
2. You will be prompted to select the department where the appeal will be sent.
3. The receipt indicates which particular unit you need to choose.

How to fill out an application?

First of all, you need to enter your details

• passport data;
• the text of the statement itself “I ask you to cancel the fines against me;
• number of the decision, its number, due to the fact that at the time of the violation this car, number, was sold;
• details of the person who bought the car.

At the end, it is indicated on the basis of which the car was sold, for example, a contract of sale. Be sure to attach a scan of the contract. At the end, write a request to cancel the fines without being present. The answer should come within a few weeks. At the moment when the answer came, all charges will be canceled and the vehicle will be deregistered.

Cancellation of the contract

If more than 10 days have passed since the moment when the vehicle was sold and its new owner has not yet re-registered the car for himself, then you can cancel the contract. But the penalty has already been issued and must be paid. In accordance with the decision of the Supreme Court of the Russian Federation, if it is proved that the car was in the possession of a new person at the time of the violation of traffic rules, then the former owner can be released from liability and a fine can be paid. The proof is the contract of sale, even if it is cancelled.

Re-registration by proxy

There are also cases when the car is sold by proxy. What to do when fines come in this case?

Problem Solving Methods:

1. Send a registered letter to the current owner with the requirement to draw up a sales contract. He has 30 days to respond. When this time passes, and the owner of the transport did not respond, you need to contact the traffic police. An application in such a situation must be written not about theft, but to search for a car. Traffic police officers search for a car and its new owner, subsequently oblige him to draw up a contract of sale;
2. If there is contact information for the owner of the car and you can get in touch with him, then you should verbally agree on the early conclusion of the contract and payment of the necessary fine.

Application to the judiciary

This option is the rarest and most unpopular, but it can be considered one of the most effective. Why isn't it being approached in the first place? First of all, it is a very long process, and also costly. In addition, it is necessary to correctly draw up applications, and in order to do this, the help of lawyers will most often be required.

At the place of residence, you need to submit an application with certain requirements. If the application is made correctly, the court is obliged to accept it. Such cases are usually not resolved in the litigation. After accepting the application, the court sends it to the body that decides such cases according to jurisdiction.

Therefore, it is worth noting that when selling a car, along with the conclusion of the necessary sale and purchase agreement, it is necessary to spend time and go to re-register the vehicle together with its new owner. Since there are buyers who intentionally do not want to register the car for themselves.

But even if it happened that a fine appeared, you don’t need to panic and pay it right away, because there are different ways to solve the problem without it. Responsibility must be agreed in advance. The sales contract gives 10 days to evaluate the car. During this time, you can find out whether any fines, prohibitions have been imposed on it, or whether it can be written off altogether. There are times when low-quality cars are sold, which after a few days or a day turn out to be faulty.

The reasons why the new owners of vehicles do not register them for themselves during the required 10 days:

1. They do not want to approach the matter fairly, point out all the pros and cons of transport;
2. They do not want to spend money on contacting the relevant authorities to check the car for prohibitions and penalties.

The former owner must remember that no one has repealed the law, which indicates that the owner of the vehicle is obliged, in accordance with the rules, to register the car or make changes to the registration data within 10 days after purchase. If during this time the transport is not registered or the related changes are not made, then this is considered a violation of the legislation, for which punishment is provided.

The buyer is obliged to register the vehicle for himself within 10 days after the execution of the contract of sale, but received before the registration will come to the previous owner. The same will happen if the buyer decides not to re-register the car at all.

When a person ceases to be the owner

From the point of view of the law, the transfer of ownership from the seller to the buyer occurs at the time of the conclusion of the contract of sale. In this case, the contract can be drawn up in an arbitrary written form, and to recognize it as legally sound, the signatures of the parties to the transaction are sufficient. But the traffic police cannot find out about the change of ownership on its own.

However, information about the owner in the databases of the traffic police will be updated only at the time of re-registration of the car, for which a period of 10 days is allotted. After this time, the new owner can be fined for driving a vehicle that is not duly registered in the amount of 500 to 5000 rubles. with a possible deprivation of rights for three months.

Why do fines keep coming?

In case of manual registration of a violation, the traffic police officer will issue a fine to the driver, but they will read the car number and compare it with the data of the traffic police database. In this case, the fine is received by the one who, at the time of the violation, is entered in the vehicle's Title Deed as the owner, and letters with fine decisions will be sent to the old owner. The new owner can find out about these receipts only if he wants to independently check the fines on the specialized portals.

What happens if you do nothing

Someone else's fine will not disappear from the database even after the new owner re-registers the car for himself: from the point of view of the system, the penalty has already been imposed on the old owner and requires payment. You can file a complaint and demand the cancellation of the decision within 10 days after receiving the receipt, and if this is not done, then the fine imposed will still have to be paid by yourself.

If this is not done, then after the expiration of the payment period, the fine will be transferred to the bailiffs, who can collect it in a special manner, for example, write it off from the bank card of the former owner. In addition, non-payment can be punished with a double fine, administrative arrest or compulsory work, as well as restrictions on traveling abroad.

How to check vehicle registration status

In order to find out if the car has been re-registered to the new owner, you need to make a request on the traffic police website in the "Checking the car" section. You can find out about the dates of registration actions by the VIN number of the car, but the traffic police website often does not function. Another option is the website of the Moscow government "Autocode", but it only works with data from Moscow and the Moscow region. There are also a number of paid resources that work throughout Russia. Finally, you can personally apply with a corresponding request to any department of the traffic police.

How to appeal someone else's fines

To cancel the penalty orders, you will have to apply to the traffic police departments that issued the receipt, or to the centers for automatically fixing offenses, and this must be done within 10 days from the date of receipt of a copy of the decision. For example, in Moscow, such an application can be submitted electronically on the Autocode website. If the decision has not been appealed within 10 days, then you can apply for the restoration of the appeal period, but there must be good reasons for this, for example, being on a business trip or a medical facility.

The application must describe that the car was sold and attach a copy of the sales contract to it. Such a statement will have to be written in relation to each fine. As a rule, when the necessary documents are provided, these complaints are quickly resolved, and fines are already issued to the new owner.

Can I deregister a car myself?

If the new owner ignores the requirements for mandatory re-registration, the former owner has the right to independently terminate the registration of the car after 10 days from the date specified in the sales contract. To do this, you will have to make a visit to the traffic police department and submit an application with a passport and the original contract of sale. The police will issue a certificate of termination of registration of the car. The buyer will remain the owner of the car, but will no longer be able to legally operate it, and the car itself will be put on the wanted list. Subsequently, the buyer will be forced to pay a fine and carry out registration actions.

What to do if the sales contract is lost

If the buyer is ready to make contact, you can draw up a new sales contract with him and at the same time carry out the necessary registration actions. Otherwise, the only option left is to deregister the car due to loss. Loss is the loss of a vehicle, in which, unlike theft or theft, a criminal case is not initiated. The traffic police regulations allow you to terminate the registration at the request of the owner, while the car is also put on the wanted list. Only the previous owner can restore the account, and in such cases the parties have to agree.

What to do with transport tax

The accrual of transport tax is terminated from the moment the car is deregistered - the traffic police independently submits the relevant information to the tax office. If, after the end of the calendar year, the department requires payment for the entire year, you will have to present documents confirming the sale of the car. This can also be done preventively by submitting information on the nalog.ru website in the “My Property” section and attaching a scan of the sales contract.