According to the current regulations, the car buyer is given 10 days to change the registration data of the owner. Well, some unscrupulous buyers do not re-register even after this period, continuing to drive a car, which, according to government organizations, belongs to the previous owner. In this case, both transport tax and fines continue to arrive "at the old address."

Is it possible to resolve the issue without contacting the traffic police?

Theoretically, it is possible - for this you need to contact the new owner of the car and solve the problem directly with him, agreeing on the payment of the received fine. At the same time, it is worth clarifying whether he carried out the procedure for changing the owner at the traffic police. Sometimes this way of solving the problem works, and a conscientious buyer saves the seller from having to appeal the fine. However, if there is no connection with the new owner, it remains to act with formal methods.

How to appeal a fine for a sold car?

Having received a fine for a sold car, it can and should be appealed. To do this, it is necessary to draw up an application for cancellation of the decision on an administrative offense and send it by registered mail with a receipt acknowledgment to the address of the CAFAP (Center for Automatic Recording of Administrative Offenses) specified in the received resolution. A copy of the purchase and sale agreement must be attached to the application: it indicates the date of the transaction, and it is proof that at the time of the violation you were no longer the owner of the car.

An alternative option for filing an application to appeal a fine is to send it electronically. To do this, you need to submit an appeal on the traffic police website and also attach to it a copy of the sales contract. However, in this case, two facts should be taken into account. Firstly, for the procedure for appealing the decision in electronic form, an EDS may be required - an electronic digital signature confirming the identity of the applicant. You can find out what it is and how to get it. on the website of State Services... Secondly, the traffic police still indicate that "applications that are subject to consideration in the manner prescribed by the Code of the Russian Federation on Administrative Offenses must be sent in writing." Thus, the first option with sending the application by registered mail with acknowledgment of receipt is more reliable.

How long does it take to appeal the received fine for the sold car?

"A complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision (Article 30.3 of the Code of Administrative Offenses of the Russian Federation)," the official website of the traffic police gives such a clear answer. However, if you were unable to appeal the decision within 10 days for a good reason, you can do this: for this, you must also attach a petition to the complaint to restore the time limit for appealing against the decision on an administrative offense and documents proving the impossibility of appealing the decision within the time limit established by law.

Is it possible to protect yourself from receiving fines on the sold car?

There is only one way to completely eliminate the likelihood of getting a fine on a sold car: personally visit the traffic police department with the buyer and make sure that he re-registered the car in his name immediately after you sign the sales contract. In case you are not present with the new owner at the renewal procedure, it is worth remembering that 10 days are given for this by law. Accordingly, 10 days after the sale, you should definitely check the registration history of the sold car using special service on the traffic police website and make sure it was registered to the new owner.

If the car was not re-registered within the time limit established by law, and there is no communication with the buyer, you can protect yourself by contacting the traffic police department with a passport and a sales contract and writing a statement about.

Is it possible to simply ignore the received “wrong” fines?

It should be understood that getting a fine on a sold car is a problem that will not be solved by itself if you ignore it. Until it is proven that you were not involved in the committed offense and that the car was sold, you are the offender. This means that the fine must either be appealed or paid. According to the Code of Administrative Offenses, the fine must be paid “no later than sixty days from the date of the entry into force of the decision on the imposition of an administrative fine” - that is, from the moment of its receipt. At the same time, as we remember, you are given another 10 days to appeal the received fine. Thus, if within 10 days you did not appeal the fine, and then within 60 days did not pay it, the case will be transferred to the bailiffs.

This will not end either: according to the Code of Administrative Offenses, “failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of two times the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for up to fifty hours. " And although administrative arrest does not apply to violations recorded with the help of automatic cameras, the pleasant double amount of the fine in court (in addition to paying the fine itself) is not enough. Therefore, if you received an “unfair” fine, do not ignore it, hoping that “the injustice will be sorted out without you,” but be sure to start solving this issue.

Contact the traffic police, the contract was presented there when the owner changed, most likely.

Please contact the buyer. Ask for another copy to be signed. Remove the car from the register. Challenge the fines.

Order of the Ministry of Internal Affairs of the Russian Federation of November 24, 2008 N 1001

"On the procedure for registering vehicles"

(together with the "Rules for the registration of motor vehicles and trailers to them in the State Security Inspectorate road traffic Of the Ministry of Internal Affairs of the Russian Federation "," Administrative regulations of the Ministry of Internal Affairs of the Russian Federation of the execution of the state function of registration of motor vehicles and trailers to them ")

(Registered in the Ministry of Justice of the Russian Federation on December 30, 2008 N 13051),

You can contact the traffic police and declare the car on the wanted list, find the owner and oblige to register it, he will pay a fine

For driving a vehicle that is not registered in accordance with the established procedure (according to part 1 of article 12.1 of the Administrative Code of the Russian Federation)

This means that the buyer did not re-register the car as he was obliged to do it within 10 days.

Submit a wanted and fraudulent report.

To the Prosecutor's Office via the Internet reception

Grounds: Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation" and Article 10 of the Law on the Prosecutor's Office

In the Ministry of Internal Affairs of the Russian Federation, an application can be submitted via the Internet reception

Grounds: Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation"

Hello. Contact MREO traffic police with a statement to terminate registration. DKP article 454 of the Civil Code of the Russian Federation in this case is not needed, only a passport, they have application forms.

You need to find a buyer and register the car for him.

There is simply no other option.

All fines imposed for violation of traffic rules and norms of the Code of Administrative Offenses of the Russian Federation of 30.12.2001 N 195-FZ (as amended on 06.07.2016) will be imputed to him.

Hello. Contact the traffic police, with a statement on the provision of information in which insurance company the car is insured, then contact the insurance company with a request to provide information about the persons allowed to drive and the insured of the car, as well as his data (address, phone number), since the owner of the car I did not register it on myself, respectively, the STS was written out for you, that is, as the owner of the car, you have the right to receive this information.

According to Part 2 of Art. 4 of the Federal Law "On OSAGO" When the right to own a vehicle arises (acquiring it into ownership, receiving it into economic management or operational management, etc.), the vehicle owner is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the emergence of the right to own it.

Hello dear Alexander.

You asked lawyers a very important paid legal issue for yourselfhoping to get from them more complete explanations with links to specific regulations, and not short answers without references to the necessary regulations.

First of all, You can contact the buyer of the car yourself with a request to provide you with a copy of the sales contract, if a You concluded it with him in writing in accordance with the provisions of Articles 158, 161 of the Civil Code of the Russian Federation.

Secondly, the new owner of this car may not have provided a copy of the sales contract to the traffic police and not registered it to himself without your help or your power of attorney. Here is the result.

Therefore, it is up to you to decide this question, or rather, already questions, incl. administrative, will have to be done in different ways, if you did not enter into a sales contract or the buyer of this car does not give it to you in a copy.

It is good to know your rights and obligations as defined by the Laws, but it is better to be able to use them in practice for the benefit of yourself, and not vice versa.

This is what a specific lawyer can help to understand, incl. from this site by agreement, after receiving more complete and necessary information on a legal issue and the necessary copies of documents.

No, the fact of the matter is that the car is still on me, I checked it through the tax website.

Try to find a buyer and negotiate a car registration for him. In case of refusal, demand the return of the vehicle. Unfortunately, there is no other way.

So why are you playing for time? Wait while on it, that something criminal will be done. Will they start carrying you?

Put on the wanted list

Look for him, otherwise you won't end up in problems.

See my answer above.

Still, try through the insurance company, or in the traffic police, with a statement on the restoration of documents for the car, and recognition of the lost documents as invalid, the person himself will be caught at the first check in the database.

Alexander, until the car is registered with the new owner, the previous owner will receive fines for traffic violations recorded by video recording systems by mail. The new owner of the vehicle is obliged to register it in the prescribed manner within 10 days. However, in practice, many buyers, due to some circumstances or deliberately, will not re-register the car within the prescribed period, while they will actively use it.

In order to protect themselves when selling a car, sellers must, when drawing up a sale and purchase agreement, simultaneously make entries in the TCP about the new owner, and be sure to make copies of all documents, including the buyer's passport. To prevent possible further disputes, if an offense is recorded on the day of purchase and sale or after video cameras, in addition to the date, it is recommended to indicate in the contract the exact time of the conclusion of the contract and the transfer of the car. In addition, it is imperative to find out the contact mobile, as well as work and home phone numbers.

But the likelihood that the buyer will meet halfway is small. In case of his refusal, or the impossibility of establishing contact with him, you should report the theft to the police, because in the absence of an agreement on the sale and purchase of the vehicle, in fact, belongs to the previous owner.

Renewal by proxy

When the vehicle was sold by power of attorney, and the previous owner continues to receive fines, even if the document has expired, you need to proceed as follows:

Establish contact with the new owner of the car and agree with him on the execution of a sales contract.
In a registered letter to the buyer, state the requirement for the execution of the contract, wait for his reply within 30 days.

If the person did not show a reaction, you should contact the traffic police with a statement about wanted car. Upon discovery, the parties sign a new contract and the current owner takes over everything commitments to pay off fines.

Application to the State Inspectorate

You can declare a search for a transport to the State Inspectorate both by contacting there directly, and on the traffic police website, subject to an electronic signature. This is done like this:

In the section "Applications" select the item "Applications".
The unit is selected, which was indicated on the received fine form.
The text of the statement is written. It contains reliable data:

• series and number of the identity card.

This is followed by a request to cancel fines (indicate the number and date of the decision). Clarification is provided that the vehicle has been sold and at the momentwhen the offense was recorded, it was owned by another owner. You can ask for a review without personal participation of the applicant. Specify type of departure result notifications: e-mail or post.
Attached is an electronic version of the DCT and a copy of the buyer's passport.

Solution of the issue in court

Going to court is not considered a common way of solving the problem of fines for a sold car, but the scheme, nevertheless, makes sense. This way relieves from the need to travel to the place where the violation was recorded. An application to the court is filed at the place of temporary registration citizen or his permanent registration... Such appeals are not considered in court, but must be received. After that, the court sends an application to the appropriate jurisdictional body, where it will also be obliged to consider and take adequate measures.

Read also: What documents are needed to close an IP

Consequences of non-payment of a fine

Part 1 of Article 32.2 of the Administrative Offenses Code of the Russian Federation states that the administrative fine must be paid no later than 60 days from the date of receipt of the receipt.

According to part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation, if the fine is not paid within the allotted time, the fine will already be doubled compared to the first, but it will not be less than 1000 rubles.

An alternative to this is arrest for up to 15 days, or compulsory work for up to 50 hours.

You can learn more about liability for non-payment of fines by clicking on the link.

It is worth insuring yourself by leaving two a copy of the commercial proposal. In case of problems with fines, one will be useful for contacting the traffic police, and in a situation with taxes, the second will be needed for the tax inspection.

If the buyer turns out to be unscrupulous, immediately, immediately after 10 days, notify the authority so that the scale of the problem does not increase.

It should be remembered that with a competent approach, a favorable resolution of the issue is quite possible. You need to follow the instructions without panic, given the successful experiences of others.

Useful video

What should the driver do if he sold the car, and traffic fines continue to come:

A fine has arrived on a sold car - what to do and where to go if fines come on a sold car

A very common and familiar situation for many car owners - when a car is sold, a fine comes, what to do next? At the same time, not only a fine can come, but also a tax return for a car at the same address and for the old owner. How to solve this problem with the least effort?

Why is the problem

Currently, the sale / purchase of a car consists of 2 parts. First, the buyer becomes the owner by paying all the money and completing the contract. In fact, the car changed its owner at this moment, but in the traffic police it is still registered to the previous owner. The second part of the transaction - the new owner goes and re-register the car with the traffic police on himself.

There are rare exceptions when a car is 100% already registered to the new owner, but the old one still receives a "letter of happiness". This may happen due to the fact that the data on the new owner has not yet reached the traffic police database. There are also technical accidents due to which the new owner of the car does not have time to re-register it: he could not pass the MTPL inspection, got sick, went on a business trip, overtakes the car, etc. In this case, the responsible buyer will not hide and will solve his problems himself.

Important. As a rule, if a fine came on a sold car, then the buyer did not put it on state registration. The legislator provides for this for a period of 10 days.

Renewal of a car by proxy

There is a separate category of contracts concluded when transferring a car "by proxy". Many people mistakenly consider such a transaction to be a sale, but in fact it is a transfer of a car for temporary use. However, the rights and obligations imposed on the owner remain with the seller. In this situation, it is quite natural to receive taxes and fines - after all, the transaction has not been completed, and the car has not been re-registered.

In this situation, if such a mistake was made during registration, it is better to simply revoke the power of attorney through a notary, and then contact the traffic police and submit an application for the need to search for a car. It is imperative to emphasize that it is the search for the car that is needed, but not the search as a result of theft. After that, the license plates of the car are included in the general search base, and this car will be detained at any traffic police post. Then you can return the money paid to the buyer and take the car back. Well, or negotiate with him about the conclusion of a contract and the renewal of the car.

What to do if the car is sold and fines come

There are several proven ways to resolve the situation when fines come under the purchase agreement:

What will happen if you just do not pay the fine, but throw away the receipt

Unfortunately, this is not the best solution to the problem. A sufficient period of time is given to pay the fine - 60 days, plus another 10 are considered to appeal the decision. After that, if the fine was not paid, the case is automatically redirected to the SSP, and at the same time a case is initiated under Part 1 of Article 20.25 of the Administrative Code. If after the court the already doubled fine is not paid, enforcement proceedings will be initiated.

As a result, it can reach the point that the arrest of the salary card will be made until the full payment of the fine and a ban on traveling abroad is imposed. In addition to the amount of the fine, in this case, you will have to pay an execution fee of 7 percent of the amount of the fine.

How to avoid such fines

Also, within 10 days after the registration of the transaction, the former owner of the vehicle can himself drive up to the traffic police and write there an application for removing the car from the register. As a last resort, just discuss with the new buyer the possibility of such an incident and ask him, immediately after he re-registrations the car, to inform you about this at least via SMS.

Attention. The traffic police give one piece of advice: to carry out all registration actions together with the buyer. Then you will be 100% sure that the car is re-registered, and no one else will disturb you.

The car is sold, the fine has arrived - how to cancel the fines on the sold car?

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After the sale of the car, you will be its owner until the purchase and sale agreement and the acceptance certificate are drawn up. However, the last document is not always drawn up, and it is not required. The question is that you will be registered as the owner of the traffic police until the buyer records the car for himself. Therefore, all fines will go to you. To what extent does this state of affairs comply with the law?

The car is sold and the fines are coming

Let's figure out what kind of fines can come on a sold car. These are resolutions from video cameras of violations. According to the law, a decree cannot be issued on a car, since it is not a person. The violation is committed by its owner. But in the administrative code there is an article that allows you to punish the car owner, regardless of who was driving. This can be done if the violation is detected by the auto-fix camera.

Read also: What documents will be needed when sending a child to an overseas camp

The second nuance of the legislation is that the car has already been sold, so the owner is different. But the State Traffic Inspectorate thinks differently - it is from its database that information about the owner of the car appears. “Letters of happiness” come to him. The information in the database will not change until the buyer deigns to submit an application for car registration for himself. After that, the fines will be received at the present address.

What's the question

The main problem of an error in the legislation, which makes it possible to receive a fine on a sold car, is that the buyer can register it within 10 days. Until that moment, he has the right to drive and violate traffic rules. Regulations will be sent to the previous owner. It shouldn't be like that.

Who should pay fines on a sold car

The buyer must pay for the fines. The subtlety lies in the fact that the car becomes the property not during registration with the traffic police, but at the time of the conclusion of the purchase agreement. Although many do not understand this.

It is from this date that the car becomes the property of the buyer, like all fines. The Administrative Code specifies that if violations are detected by an automatic camera, fines must be sent to the owner. Therefore, all fines are borne by the buyer, even if he has not yet copied the car with the traffic police. But the traffic police may not know about the existence of the sales contract.

What happens if the fines are not paid

In this case, the penalty will not pass to the buyer after re-registration. The traffic police do not practice such a procedure. But what to do in such a situation?

Rewrite car

It also does not oblige the buyer to pay your fines if they bought the car. But in this way you will solve the issue - inform the State Traffic Inspectorate that the owner of the car is from now on another person. And now the fines on the sold car will go to him.

Car owners often refer to this procedure as “deregistration,” although this is incorrect. You can remove a car from the register only when it is scrapped, exported abroad or lost. The car is always registered with the traffic police, only the owner changes. Therefore, it is necessary to carry out the registration procedure - to rewrite the car to another person.

This article is for those who, after selling their car, received a fine in a "letter of happiness" for a violation that he did not commit. Let us examine in detail the ways to appeal a fine to the traffic police. Perhaps the seller does not have the buyer's contact details, or the new owner of the car you sold refuses to pay the fine.

Today the DKT (sale and purchase agreement) is the only legal form of registration of a car sale and purchase transaction, therefore we will analyze the situations in which you sold a car under DKT, but you receive other people's fines (you can see the sale by proxy).

The easiest way to solve the problem of other people's fines is to call the new owner (who bought a car from you) and get him to pay his fine within 60 days. And then check that he paid the fine on time. This is the best solution.

What arguments to give to the car buyer, see. Try to use this option. But if you do not have the opportunity to contact the buyer of your car, or he refuses to pay his fine, then it is advisable to proceed as follows.

How not to pay other people's fines?

For example, you sold your car under monetary policy to a private person, or handed it over to a car dealership, or put it on the site of a reseller, gave it to a trade-in. They filled out the DCT, indicating the number of sales, and took one copy for themselves. We got the money and left, everything is fine.

And in a week or a month you will receive a "letter of happiness" in which a fine is written out in your name for violation of traffic rules for a certain amount. Comparing the date of sale with the date of the traffic violation, you notice that the violation occurred after you sold your car, that is, you definitely did not violate it.

The violation is most likely committed by the new owner of the car. Many in this situation believe that since they did not commit a violation, then this is not their problem, and the fine can not be paid. But is it really so?

Post-sale fines

Unfortunately no. According to Russian law, it is not the driver who is responsible for the violation of traffic rules recorded by cameras, but the owner of the car. And the owner is the person for whom the given car is registered in the traffic police. And as long as the new owner does not re-register the car for himself, fines will come to you. And in case of non-payment, the former owner of the car, according to the law, can be brought to administrative responsibility within 70 days.

What are these 70 days made up of? The first 10 days are given to appeal a fine (we are talking about calendar days, not about workers, that is, weekends and holidays are taken into account). It is during these 10 days that you will have to prove that the car at the time of the traffic violation did not belong to you anymore, that the car was sold, which means that the new owner of the car must pay the fines.

60 days are given to pay the fine. If you ignore the fine and do not begin to prove that you were not driving at the time of the violation (thinking that everything will resolve by itself), then according to Law 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation against you the case will be sent to the magistrate.

Appealing against a resolution

The magistrate at his discretion can double your fine, but not less than one thousand rubles. Or make a decision on administrative arrest for up to 15 days, or send you to compulsory work for up to 50 hours. Therefore, if someone else's fine came to you, and the new owner does not pay for it, then do not ignore it, but start solving this problem. If the new owner does not want to pay the fine, then start by appealing the fine.

According to articles 30.1, 30.2, 30.3 of the Administrative Code of the Russian Federation, 10 days are given for appeal. You can appeal against the decision on an administrative violation (fine) by contacting both the traffic police department (or the higher traffic police body) and the court. You will be required to provide proof of your innocence. The decision on the complaint is not final. The findings of the inspection can be appealed in court at the location of the traffic police, and then in a higher court (Article 30.9 of the Administrative Code of the Russian Federation).

If your complaint is upheld, an order will be issued to terminate the proceedings.

If not, a fine is imposed. Then you have another 10 days to appeal this decision to the highest instance (and then there is a countdown of 60 days for payment). The term of the violation, which was recorded by the automatic fixation camera, is counted from the moment the decision was received by mail.

If you do not meet with the filing of a complaint within 10 days, then together with the complaint you need to submit an application for the restoration of the deadline for appealing (in this case, you must provide evidence that you missed the deadline for a good reason). For example, if you were sick, then - sick leave, were on a business trip - documents for a business trip, on vacation - then a document from work on vacation.

Appeal against the decision to the MREO

To appeal the decision, you need to go to the traffic police. There you write a complaint addressed to the head of the department, to which you attach copies of your passport, DKP, a resolution on traffic violations.

Everything. A photocopy of the TCP is not required, no matter who tells you what. In the complaint, explain the situation, ask to remove the fine from you.

If you do not want to go, you can write to the traffic police, which issued the order, a certified letter with a notification, attaching a copy of the DCT with the date of sale (this is the longest option to appeal). You can solve this problem by calling the traffic police department, which issued a fine. Find out their fax number and who to write the application to (application header). Then write an application and send it by fax, attaching a scan of the DCT.

Submitting a complaint electronically

You can also send a complaint in electronic form.
To do this, go to the traffic police website in the appeals section and write a complaint: “I ask you to cancel the resolution number ... date ..., since at the time of the violation I was not the owner of this car, the car was sold to a citizen like that ... Please consider the complaint in my absence, about the result inform by e-mail to my e-mail box ... ".

Then you make a DCT scan and attach it to the letter. Then you wait for a letter stating that the appeal has been accepted and wait for a decision. You must be issued a document on the cancellation of the resolution (it can be in electronic form), without this document, the fine will hang on you.

In any of these options for appealing a penalty, DCT with a date of sale is proof that the car was sold on that date and you did not commit the violation.
The new car owner will have to pay this penalty anyway. Let me remind you that when selling your car, be sure to take a sales contract with the date of sale indicated there.

That's all for today. Don't let fines come after the sale of your car!

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What if the car is sold and the fines come?

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The signed contract for the sale of the vehicle does not relieve the owner of the car from liability to the traffic police and tax authorities. The owner of a car is a person whose data is entered in the database of the state traffic safety inspection. Not all Russian citizens act within the framework of the current legislation and register a car in a timely manner. According to the law, this is given 10 days from the date of the transaction. If the new owner violates the terms and does not register the car, information about any violations, including fines, is sent to the previous owner.

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

The requirement to re-register the car is enshrined in clause 6 of the order of the Ministry of Internal Affairs of the Russian Federation No. 399. In accordance with this regulation, 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 contact the traffic police and remove the car from the register due to the sale. This can be done on the 11th day from the date of the transaction.

What to do if the car has already been removed from the register and the fines come?

1 Settlement agreement with the buyer of the vehicle.

If, after the registration and registration of the contract, fines continue to come to 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 party to the transaction has not been saved, 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 unit where the vehicle was registered), submit an application with a request to remove the car from the register. The required package of documents - application, original and copy of the contract. Based on the information received, the applicant receives a certificate confirming the removal of the vehicle from the register.

3 Via DFAF.

A citizen of Russia has the right to appeal against the decision on 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 annul the resolution.

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

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

If the CAFAP failed to apply within ten days, you will have to prepare a petition to restore the appeal period.

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

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

• contract;
• a certificate confirming the removal of the vehicle from the register.

5 Cancellation of the contract.

The agreement can be declared invalid 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 proceed as follows - file a complaint with CAFAP and provide a terminated agreement as confirmation that at the time of the offense the car belonged to another person. In this case, the applicant will be exempted from financial penalties.

Legal nuance

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

The tax inspectorate independently makes a request to the traffic police to confirm the information on a specific vehicle.

Question answer

What legislative act regulates the registration procedure for all vehicles?

Order of the Ministry of Internal Affairs of the Russian Federation dated 26.06.2018 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 notification about the accrual of a fine is received after the transaction, you cannot ignore the document without paying it. Even if the new owner re-registers the vehicle, the foreclosure will remain with the previous owner.

Denis Frolov

A person who buys a used car must register the car without fail. If the car numbers remain the same when selling, you should simply go to the traffic police and add changes to the databases (in other words, re-register the car). The new owner must do this simple operation 10 days from the date of purchase and sale.

Unfortunately, many buyers often ignore this rule, or do not even know about it. Therefore, if the new owner of the purchased car gets into an accident or violates the traffic rules, the fine will come to the name of the old car owner. In addition, he will also be fined for failing to re-register the vehicle within 10 days after purchase. In such a situation, the former owner of the car will have to pay for it.

Of course, there are fines that are paid “on the spot”. The new owner caught in such a violation will have to do it himself. But otherwise, the fines after the sale of the car are no different from the fines that must be paid while owning the vehicle. For example, if the new owner, without registering, exceeded the speed by 20 km / h - the old owner in the amount of 500 rubles. If the speed is exceeded by 80 km / h, the old owner will have to pay about 5000 rubles.

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

• driving into the oncoming lane (4–5 thousand rubles);
• driving 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 are punishable by car number fines. Thus, in 90% of cases, instead of the new owner of the car, the fine will have to be paid by its old owner.

How do I get my money back?

If after the sale of the car fines come, unfortunately they have to be paid. This is the law. But you can fully recover your finances if you file a lawsuit against the new owner of the car immediately after payment. To do this, you will need to collect several documents:

• sales contract (the main document, which in the traffic police serves as the main proof 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 submitted to the court, having applied there with a demand to recover the unjustly spent money from the new owner of the car).

Another option for getting money back 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 be immediately arrested, and the new owner will be able to get it back only after satisfying your financial claims.

Of course, the easiest way is 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 fines? Ways to solve the problem

Fines come after the sale of the 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 declare a car wanted only after the fine has already been paid. But the problem can be resolved before the first letter of happiness arrives.

Peaceful solution to the problem

This is an obvious, but by no means the most affordable way out of this situation. If the previous owner of the car chooses just such a 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;
• convince him to pay fines;
• save the receipt.

As a rule, the decisive argument in this difficult case is that the new owner can 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, such violations may even deprive him of his driver's license for 3 years.

Cancellation of registration

This method works only if there have not been any penalties 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 the law have already passed, you can write an application to cancel registration. This is a preventive measure, and if at least one fine has already arrived, 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, you must write a complaint that you do not agree with the decision on the 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 previous 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 traffic police website.

Cancellation of the contract

It is also one of the most effective ways to stop (or prevent) the receipt of fines after the sale of a car under a contract. The contract can only be canceled 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 this often causes problems. To avoid trouble, you need to keep all the paperwork related to the sale of the car.

Application to court

This option has already been discussed above. It is very effective in the event that you want to return the money spent on paying fines. But in order to prevent receiving fines in the future, you should act according to one of the previous options. By the way, if you get fines after selling a car in another region, then you don't have to go to that region and file a lawsuit there. You can apply to the court of the locality where you live.

Is it possible just not to pay the fine?

The answer is simple: you can't. Unfortunately, all received fines after 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 there is no need to pay a fine. This is their main mistake.

The former owner can be brought to administrative responsibility within 130 days after he received a fine. For the first 10 days, he can appeal the fine, for the next 30 days he must pay it, and within the next 90 days he will be listed as a debtor, which will entail corresponding liability. If you ignore the payment and do not prove your innocence in the committed offenses, you can even be arrested for 15 days. Thus, one should not think that an unjustly imposed fine is a reason for not paying.