ORDER BEATS THE LAW
To sell a car without paperwork, just by agreeing with the buyer, is a dream!
The reality was again ruder …
In the September issue of “Behind the Wheel” of 1999, I read a curious article under the heading “Word to the Lawyer”. It turns out that when reselling a car, you can do without a reference account - according to the law, a car can also be sold by oral agreement! In other words, the buyer and seller come to the traffic police, where they declare their desire to buy and sell. And the car must register! The lawyer’s response included references to articles of the Civil Code and internal documents of the Ministry of Internal Affairs.
… The term of the “general power of attorney” for the “nine” I bought three years ago was drawing to a close, and I decided to check whether the law worked in real life. He was going to register a car in the name of his wife.
There were no problems with deregistration, unless, of course, it was assumed that the day was lost in the queues. For tomorrow I went to register the car. On hand - a “general power of attorney”, a blue “sheet” of the TCP and two transit numbers. He put the documents in his pocket, folded the paper numbers into a tube, and put his wife in the front seat, after making sure that she had the passport with her. We arrived at the traffic police department number 5 in Moscow, on the street of Youth.
After standing for half an hour at window No. 1, he handed the lieutenant a power of attorney, a TCP and two passports - his and his wife.
- And where is the reference account? Asked the lieutenant. “You have to sell the car.” It was necessary to fill out the contracts where they were deregistered, which the department should have certified. Based on these documents, we will register the car.
- And you put it on the basis of our oral statement. The person I'm selling to is here … Jackdaw! Come here.
Jackdaw came over, took off her dark glasses and stared at the lieutenant. I felt that he was tensed.
“You see, ” I explained, in a hurry, until the tension had time to turn into irritation, “according to the order of the Ministry of Internal Affairs No. 624, clause 1.9.2, you can register a car“ without a piece of paper ”- according to the oral statement of the parties. And paragraph 1 of Article 159 of the Civil Code allows you to conclude such transactions orally.
- Do you know all the laws? - nevertheless, the lieutenant asked somewhat irritatedly.
It sounded like a more neutral version of the question: “Are you the smartest here?” He would have known how much time I studied these numbers of articles and paragraphs!
- But the oral statement must be confirmed in writing! - Suddenly the representative of the law issued.
“An oral statement cannot be written, ” I objected, and advised me kindly. “You look at your own order.”
The answer was a crowned bureaucratic device, which is always used by "people in the windows":
“There are so many people behind you, and you want me to waste time looking for orders!”
A delicate psychological calculation was made on my consciousness. But I am a fat and irresponsible person, therefore I did not move away from the window, but simply repeated the order number and paragraph.
The lieutenant sighed and went off to rummage through some folders. While I found the right one, a lot of time passed. But I was rewarded when I saw a stunning spectacle through a glass partition - the whole department, handing over papers to each other, studied with genuine interest clause 1.9.2 of order No. 624: “… In accordance with paragraph 1 of Article 159 of the Civil Code of the Russian Federation, the deal. .. can be done orally. Registration of vehicles … for individuals who have acquired the right of ownership for vehicles deregistered by the State Inspectorate … on the basis of an agreement concluded orally, is made upon presentation of the application and passport of the vehicle … "
Nevertheless, when the highest authorities got acquainted with the order, the lieutenant went off to consult somewhere. Apparently, the bosses are smaller and closer to life. Returning, silently handed me … the form of the contract of sale.
Now I had a choice - either I didn’t fill out the form, but I wasted a couple of months in the courts, which sooner or later still obliged the police to register the car, or wasted a couple of minutes to fill out the form. I chose the second: I’m not used to flaunting paper numbers, which all the time strive to fall off. In addition, you can travel with them for only five days, and I would have to “bring the complaint to court with me” in support of the truth. And the term of the power of attorney was drawing to a close.
There was a kind of compromise: after all, a car is usually registered on the basis of a reference account. In extreme cases, the agreement is in simple written form, but the latter must be certified by the traffic police department that deregistered the car. And in that version of the contract that I filled out, there were no seals, only my signature with my wife, and this turned the sheet as if into a fake document. But, on the other hand, there was at least some kind of piece of paper that could be filed with the rest. I perfectly understand the psychology of police officers: such a “non-documentary” piece of paper is better than an oral statement!
(By the way, I did not write the contract of sale on my own behalf, but on behalf of the real owner of the car, who gave me a general power of attorney three years ago. And I signed in his place, honestly putting a slash in front of my painting, which in bureaucratic circles means : "Deputy signed"!)
At the bottom of the form were still some empty columns, hinting that I should pay some tax. Naturally, I didn’t pay anything, and it would be foolish to count half a penny: I put “one ruble” in the column for the sale price of the car - would you order your wife to rob?
Then everything went along the rut - a Sberbank, inspection … However, I did not have to “roll” for a long time. Already when I was handing over the papers to the box, I got old in a leather jacket, he scolded me (by this moment I, so strange, the whole department already knew):
- I will not accept paper from you. Go to the first window, settle your question there … Would you even think what position you are putting us in!
Honestly, at that moment I felt a certain sympathy for the local service people! How can they now get out without the necessary piece of paper, because any checking authorities will warm up! Law is law, and order is order!
- Why didn’t they issue the DCT where the car was rented? Where did you get this from? - the policeman continued to mock me.
“I read it in the magazine“ At the wheel, ”I answered honestly and looked down.
- They write no matter what …
“But this is your emwehd order!”
- Exactly - ours. And not yours (!) …
I again took the documents to the first window, to the very first lieutenant. He sighed, but accepted: “Wait!”
We waited two hours. I literally felt like titanic work was going on in the bowels of the organization. And approaching periodically to the windows, through a crack I watched as our documents were thrown from one table to another. Apparently, none of the officers wanted to take responsibility and sign it all. People in uniform were discussing something hotly, delving into some kind of documents …
… In general, Galka and I got the numbers, registered the car. But the inspection ticket was issued not for 2002, but only for 2001. Although the car this year is only four years old! And in the Decree of the Government of the Russian Federation of July 31, 1998, No. 880, it is clearly stated that vehicles under five years of age must undergo inspection every two years! Probably still have to sue …