What does a scrapped vehicle mean under the 2021 law?
There have been 2 important changes in the legislation on vehicle registration and our discussion question, which have completely updated the answer to the main question.
- In mid-2021, Order No. 605 on the provision of the relevant public service was changed, as a result, a disposal certificate is now required. Thus, if before the changes a car, motorcycle or other type of vehicle could be disposed of after the fact: first deregistered by the traffic police and then destroyed, then according to the new law, the car must first be scrapped, having received a certificate of disposal, and only on the basis This document will deregister her. And according to the law, such a scrapped car cannot be restored for the simple reason that, in fact, something other than recycled metal has already been made from it.
- At the end of 2021, Order No. 399 on the procedure for registering cars came into force, which in a new way prescribes the procedure for restoring and registering such cars. And it is he who gives the answer to the question of whether it is possible to restore the documents of a car after disposal along with its license plates, including without the owner.
You will also be interested in:
- Will they be registered and deregistered if there are fines?
- How much does it cost to deregister a car with the traffic police?
- How to check whether the previous owner removed the car from the traffic police register?
How can you restore a vehicle after it has been scrapped?
Registration can be restored only for those vehicles that were not physically destroyed.
The main role is played by the time when the car was deregistered. Until July 2021, Russian legislation provided for the following procedure for completing the recycling procedure: first, the owner prepared and submitted documents to the MREO, then drove the car to a scrap metal collection point. Cases where a car was deregistered due to disposal, but was not destroyed, were quite common. This trick was resorted to by owners who did not want to pay transport tax for some time. As long as the car is not listed in the traffic police database, no tax is charged.
The situation changed after July 10, 2021. From now on, in order to deregister, you must first hand over the car to a collection point, obtain a certificate of disposal and, then, deregister the vehicle. The certificate is issued only for vehicles destroyed and processed for scrap metal.
Thus, it is possible to restore any non-destroyed vehicle deregistered before July 2021. You will need to find the owner who carried out the scrapping procedure, prepare the required package of documents and visit the MREO office.
Can it be restored today?
Yes. Can. As we indicated above, the new Order No. 399 makes it possible to restore the registration of a car if it was deregistered on the basis of disposal, but in fact remained intact and functioning.
We are talking about paragraph 18 of the new law, which says the following:
18. Registration of a vehicle after its termination is carried out:
- …
- in relation to a vehicle that has not actually been disposed of, the registration of which has been terminated due to disposal, on the basis of confirmation of credentials at the place of last registration of the vehicle (if there is information about a previously issued PTS, electronic passport);
Why was this clause introduced after the changes, if it is assumed that the car was actually thrown into scrap metal?! And then, the legislators have provided for the subtlety that a car owner may want to register a car that was removed before the mandatory scrappage certificate came into force.
That is, the car could have been deregistered as junk, but is actually stored in a garage. And so the traffic police decided that such vehicles have the right to a future life on the roads of Russia.
Recycling program in Moscow
A car enthusiast begins to consider different ways to get rid of an old car. You can’t just leave your vehicle rusting on the side of the road; in this case, you won’t be able to avoid a fine, and no one will exempt you from transport tax. You can't send it to a landfill. In the manufacture of cars, a wide variety of materials were used that could pollute soil and groundwater.
To avoid this, a special program for recycling used cars has been developed. The state strives for residents of the country to use newer means of transportation in order to reduce the number of accidents on the roads.
According to this program, a car owner can do the following:
- Transfer the vehicle to a special car dealership, draw up a contract, and select a new car for purchase here.
- Take your car to a recycling center and receive a certificate for a certain amount, which will be credited towards the purchase of a new car.
- Selling the car for scrap metal, in this case you can earn a certain amount, but you will have to spend money on disassembling and transporting the metal to a collection point.
In any case, you must first deregister the car.
Where can this be done?
As can be seen from the quote from the Order, this can be done using the data about the car stored in the traffic police database - in the archive. At the same time, there are 2 options for such an archive: paper and electronic. From the latter, a car can be removed for a variety of reasons, but from the first – paper – documents cannot disappear anywhere for many years.
What does all of this mean? A means 2 possible options for where to address our question:
- restore the scrapped car in any registration department of the State Traffic Safety Inspectorate, if data about it is saved in the electronic database,
- re-register such a car with the traffic police only in the department where it was deregistered, if the documents remain only in paper form. Since the credentials specified in the quotation of legislation can only be confirmed there.
Unfortunately, it is impossible to reliably find out in advance whether the data on your vehicle remains in electronic form. You can check the vehicle on the official website of the traffic police by entering its VIN number in the registration history check service.
- if the result shows information about the disposal of the car, then this data is in electronic form (and pulled up by the site from the electronic database),
- if it gives information about the impossibility of performing a search using the specified VIN number, then it means that the car is not in the database, there are only documents for it.
But this data is also unreliable, since the site often makes mistakes anyway. Therefore, it is better to immediately contact the MREO of the State Traffic Inspectorate where the car was submitted for scrap.
How to register? Instructions
There can also be 2 possible results - a banally successful registration of a car or a refusal.
The latter happens for a variety of reasons, often illegal. Therefore, you need to prepare (as a last resort) to go to court. The fact is that when contacting the traffic police on complex issues, which include the restoration of a scrapped car, very often employees, instead of trying to solve it, prefer not to waste their nerves and not take unnecessary risks, but to refuse restoration, and, moreover, avoiding in writing by all means such a refusal.
But with a positive decision of the court, the traffic police will already be required to register the scrapped vehicle, since they are obligated to do so by the same Order at the same point.
Documentation
Registering a junk car is no different in steps from registering a new one, except for a set of documents. Of these, first of all, it is necessary to take out MTPL insurance for the car; without it, the car will not be registered. And after registration, you will need to contact the insurance company again to enter the received license plates.
Next you need to pay the following state fees:
- 2000 rubles for receiving new numbers,
- 500 rubles for issuing a new registration certificate,
- 800 rubles for the restoration of a disposed vehicle.
The following documents will be needed:
- Your passport,
- receipts for payment of state fees,
- application for registration,
- certificate of deregistration issued previously (not always),
- purchase and sale agreement (not always).
Sometimes the MREO inspector also requires a certificate of deregistration, issued during the corresponding procedure earlier, as well as a title document - a purchase and sale agreement, which confirms that you are the owner of the car. It cannot be argued that such requirements are illegal, since the rules of procedure themselves are not spelled out anywhere in the 2021 legislation.
The application can be filled out using the sample recommended by the traffic police or independently, since this sample is recommended and not mandatory for use. And, besides, in it you will not find the state service for registering a junk car; you will need to enter it yourself.
- (DOCX format for filling out on a computer).
- (PDF format for filling out by hand).
Registration procedure
So it's quite simple:
- With the above documents, you come to the registration office of the traffic police where the car was deregistered for disposal.
- Sign up for the queue in the terminal.
- Submit documents and proceed to inspect the car on site to ensure that its technical condition and completeness comply with the tolerances of the traffic rules and technical regulations.
- After successfully passing the inspection, you receive a mark on acceptance of documents and wait for the result of the service or wait for the result of the service on the spot in the form of issuing a restored duplicate of the PTS, a new STS and license plates.
Something else useful for you:
- Does the car seller need to be present at the traffic police office when registering?
- How to remove a car from the traffic police register after sale through State Services under a contract?
- How to buy a used car legally?
Is it possible to register through State Services?
Unfortunately, there are no government services for restoring a scrapped car on the portal.
Is it possible to keep plates that have been scrapped with a car?
Yes. But only if you handed over the license plates for temporary storage at the traffic police, and the period of 1 year after disposal has not passed. Since this is exactly the period of time that the GRZ are stored, no more.
If these conditions are met, then in the application you need to indicate the issuance of a state registration mark, which is stored in the traffic police.
Refusal to restore
As we have already said, if you are denied the restoration of a car for recycling, then you need to know the reasons for such a refusal:
- if the reason is related to any documents, their absence, or the car has not passed inspection, then this is a separate topic for clarification,
- if you were told that it is impossible to restore a scrapped car for some other reason, then you need to receive a written reasoned refusal - the traffic police MREO must give it in response to the written application that you submitted at stage 3 according to the list above.
If they also refuse to provide written motivation, then they can and should be filmed. This will help when appealing the inspector's decision in court. Most often, at this stage, the employee leaves the procedure in force and accepts documents for reinstatement.
If they refuse in any case, all that remains is to sue. At this stage, there are no legislative prohibitions in 2021, if the refusal is indeed not motivated by anything or is motivated by an illegal transfer.
How to do it?
Let us consider in detail what needs to be done in order to register a scrapped car:
- Find the former owner of the vehicle if the car was purchased previously.
Most often, a car is bought already scrapped, without even knowing it. And it must be registered in any case. A solution to this problem can be to contact the former owner of the vehicle with a request to restore the car to the traffic police. Typically this process comes at an additional cost. Only its legal owner can restore the registration of a car. - The procedure for removing a vehicle from recycling is documented.
You will need to submit a corresponding application to the traffic police department, where the previous owner disposed of the car. The previous owner must either go there with you or draw up a general power of attorney with a notary, according to which you can make decisions in this entire procedure. These provisions are based on articles of Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605. - Inspection of the vehicle by a traffic police officer. The vehicle must be transported to the traffic safety department using a tow truck. Until the car is restored to operation, driving it independently is prohibited by Russian law.
- Drawing up a purchase and sale agreement, which will then need to be submitted to the traffic police department for re-registration of the owner of the car. If the agreement was concluded before the vehicle was restored to registration, it will not have any legal force.
- This procedure ends with the issuance of a car passport in the name of its new owner. Old registration plates are destroyed and cannot be left behind. You will be given new ones.
Required documents
- Statement of the established form.
- Passport or any other identification document.
- Insurance policy.
- Vehicle passport.
- Vehicle registration certificate.
- Power of attorney for the car.
- Documents for numbered units.
- OSAGO policy.
- Receipt for payment of state duty.
More information about the documents required to register a car can be found here.
Drawing up an application
In addition to providing a list of all the above documents, an application must be drawn up. It will need to be submitted directly along with the documents. What does it include?
- Indication of the address for submitting the application, namely the department of the State Traffic Inspectorate (city, street, house), full name of the chief. The application must be drawn up in the name of the head of the traffic police.
- Full name of the car owner, passport details, TIN, place of residence, phone number and email address (if available).
- Request for restoration of a scrapped vehicle.
- Indication of the main characteristics of the car (make, model, year of manufacture, identification number, registration plate (yes, yes), color, serial number, passport and certificate number).
- Date and signature.
Attention! The application must be filled out very carefully, avoiding any errors or omissions. Otherwise, it may be returned back, and the registration procedure will be greatly delayed.
Cost and terms
In accordance with paragraph 36 of Article 333.33 of the Tax Code of the Russian Federation, the state duty for issuing a passport for a scrapped vehicle is 800 rubles. Plus, as mentioned earlier, the former owner of the car may also demand money from you for participating in this procedure. After all, without his consent, re-registration of the car will be impossible.
The period within which a scrapped car can be registered is 10 working days. If there are no problems with checking and processing documents, the procedure will take little time.
You bought or sold a salvaged car – can it be restored without the owner?
And this depends on the buyer’s goal. Very often, such cars are taken for spare parts or for other purposes, rather than having their registration restored and driven on the roads.
If the buyer plans to restore a salvaged car, then this is a bad idea. The reason here again lies in the practice that has developed in 2021 - the traffic police very often refuse to register scrap cars, citing the fact that only the one who has submitted an application for deregistration in this regard is authorized to do this. Therefore, it is often impossible to actually restore a junk car without the owner.
The inspector’s logic here, as a rule, is clear - only paper documents remain in the MREO, and the date of the last registration is listed on the previous owner. And it is unknown on what basis the seller transferred the scrapped vehicle to the buyer.
It is very easy to understand why this is illegal: the basis for transferring a car is, as a rule, a purchase and sale agreement. And the current owner of the car without the previous owner has the right to restore the registration of a vehicle, regardless of who deregistered it. The law simply does not provide otherwise.