Registration of a car for a minor child. Is it possible to register a car for a child Is it possible to register a car for a child

Many Russian citizens to avoid administrative responsibility seek to issue cars to their minor children. They do not bear responsibility to the state in accordance with the instructions of legal acts. As directed family code Parents are the legal representatives of their child.

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They have the right to protect the rights and interests of the child without special powers, so they can exercise the authority to drive a car without presenting a power of attorney for the right to use.

General concepts

The number of traffic rules recorded by cameras traffic accidents increases from year to year. In most cases, the owners of cars falling into them are minor children.

Despite the presence of such a fact, many parents are interested in “is it possible to register a car for minor child»?

At the same time, the number of drivers who are subject to a measure of influence in the form of a penalty for violating the rules of safe traffic is growing.

Car drivers, not wanting to pay fines, resort to different methods, so they actively use gaps in legislative acts. IN last years gaining popularity legal way to avoid paying fines.

Any minor citizen deprived of the ability to drive his car until the full age of majority.

However, he must also receive driver license, which should be taken into account by parents who have issued a car for their children.

How to register a car for a minor child

The necessary conditions

According to the generally established rules for the registration of cars belonging to minor child issued by parents or persons replacing them.

If he is over 16 years old, he has the right to register the car personally. Documents for registration can be submitted both in paper form and in electronic form.

But he must carry permit papers with him, which confirm the consent of the parents to the implementation of the registration procedure.

They contain the will of the parents to register the car for their child, who has not reached the age of majority.

Ways to register a car:

Purchase and sale transaction motor vehicle carried out according to the scheme below:

To avoid unpleasant situations on the road with traffic police officers, you should always carry with you:

Often, parents drive a car that is officially registered to their child, that is, someone else's car.

In this situation, the actions of the parents are regarded as a violation, so the traffic police has the right to hold parents accountable due to the lack of title documents.

If a parent carries with him a birth certificate of a child, on its registration for a child, then perhaps he will avoid punishment.

If desired, the new owner can leave the old registration plates. If the car is transferred to a minor child as a gift, then it is removed from the registration register.

The alienation procedure is carried out on the basis of a donation agreement, which will allow parents to re-register a car for a child. Next, registration is carried out in accordance with the established procedure.

In order to carry out the procedure, it is necessary to submit documents to the MREO department, which include:

a contract of sale, if the owner is engaged in registration personally, then 2 copies of the contract are submitted;
technical passport of the car;
registration certificate;
OSAGO insurance policy;
information about transit numbers;
car owner's passport.

The legislative framework

To issue a car for a minor child in Russia will be able to legal representatives- parents, guardian or guardian. The grounds for registration may be contracts of sale or donation, or a certificate of inheritance. In this article, we will analyze the nuances of registering transport for children, the rules for processing documents, the procedure for using and disposing of a car.

Is it always possible to register a car for a child

Vehicles belong to movable property, and transactions with it must be registered through the traffic police. Until the age of majority, i.e. before the age of 18, children do not have full legal capacity. This means that they can participate in civil transactions with vehicles with the following restrictions:

up to the age of 14, all the interests of children are represented by their parents or other legal representatives - they sign contracts or other documents, draw up inheritance rights, decide on the use or disposal of property;
as soon as the child turns 14 years old, he will be able to sign contracts and other legally significant documents himself, or apply to register a car with the traffic police, however, permission from a parent or other legal representative must be obtained for this;
until the age of majority, the child cannot obtain a driver's license, which means that he will not be able to drive a car even if he has the right to own it.

These restrictions allow you to register a car for a minor, but he will only be able to own vehicles. A child will be able to drive a car only after the age of 18, when he passes the exams at the traffic police and receives a driver's license. Until that time, the decision to use and drive the car will be made by his parents or other legal representatives.

Problems will also arise when selling a car owned by a child. This will require the consent of the guardianship and guardianship authorities, since any transactions on the disposal of the property of minors should not worsen their rights. This must be taken into account when deciding on the registration of transport for children under donation or sale transactions. Parents will be able to drive the car without special permissions or power of attorney, as they have the right to use the child's property.

To register the car and register the right of ownership, you need to contact the territorial department of the traffic police at the place of residence. In addition to the application submitted by the parents on behalf of the child, one of the following documents must be submitted:

certificate of inheritance, if the car went to the child after the death of a relative or by will;
car purchase and sale agreement, if the transaction was made in favor of the child (if the buyer was a child under 14 years old, the parent must sign the contract for him);
gift agreement concluded in favor of the child.

The transfer of a car to a child by inheritance does not actually depend on him or his parents, if the testator himself made such a decision. This option can also be used by the recipients of the inheritance, since the child is exempt from notary fees.

The option of purchasing a car for a child is used extremely rarely, since problems will inevitably arise with the subsequent sale of vehicles. When transferring a car as a gift, consent must be expressed on behalf of the child to receive property, after which he will become a full owner. When concluding a contract of sale or donation, special restrictions specified in the Civil Code of the Russian Federation must be taken into account (for example, when selling or donating a car acquired during marriage, you must obtain the consent of the second spouse).

The procedure for registering a car for a minor child is based on the following documents:

an application for registering a car with the traffic police (a parent can sign the document, or, with the consent of an adult, the child himself after reaching the age of 14 years);
the basis document for registration (certificate of inheritance, contract of sale or donation);
birth certificate or passport for a child (passport is provided after children reach the age of 14);
passport of the parent or other legal representative;
Title for a car;
payment document for payment of the fee.

If only the registration of the car takes place, you must also submit a certificate of registration of the vehicle. When submitting an application, the full details of the owner are indicated, i.e. minor child, as well as his legal representative.

The process of checking documents and conducting registration actions does not differ from the standard rules. The car will be inspected by a traffic police specialist for compliance with the TCP and numbers for all nodes / units. If there are no complaints about the documents and numbers of the car, a registration card is created in the traffic police department, in which information about the copyright holder and the characteristics of the vehicle is entered. The representative of the child will receive a certificate of registration of the vehicle, which will confirm the existence of ownership.

Deregistration of a car owned by a child will be possible when it is destroyed or disposed of, or when the basis document for registration is annulled. For example, if a will is contested or a deed of gift is cancelled, the ownership of the vehicle will be forfeited, even if it belonged to a child.

Nuances of registration, use and disposal

If the car is registered for a minor child, traffic police officers are required to take into account special legal restrictions. The registration card will be marked with a ban on registration actions, i.e. Until the child reaches the age of majority, it will not be possible to sell the car. An exception is the case when the consent of the guardianship authority has been obtained for the transaction for the alienation of the child's property. It is extremely difficult to obtain such permission, but a written commitment from the parents to purchase is an option. new car and registering it for the child.

The child himself will be able to dispose of the car after 18 years. Until that moment, it will be the property of the child, and parents will be able to drive the car without a power of attorney. All other formalities (for example, issuing an OSAGO policy) will also be performed by the parents on behalf of the child owner. A car belonging to children cannot be seized by bailiffs or courts (unless it is proved that the re-registration of the car to a child was a fictitious deal to avoid paying debts).

The controversial issue is to hold the owner of the car liable for traffic violation. By general rule, the punishment is assigned to the driver who was driving at the time of driving. However, if the violation is recorded by photo or video cameras, the decision on the fine must be issued to the owner. Although the child could not drive the car, his legal representatives will have to pay a fine, or prove that the violation was committed by another person who had a power of attorney.

Often the owner of the car is an adult who has the right to dispose of the car and in most cases has received driving license. In certain situations, the driver may be interested in how register a car for a minor. In this transaction, the child in the first place does not have the right to drive a car and dispose of his property with full rights. When planning to conclude such transactions, it is worth sensibly assessing the positive and negative sides that may be, and only after that make a decision on the appropriateness of their implementation.

Reasons for re-registration of a car for a minor

Under the situation of re-registration of a car for a minor, we mean the re-registration of a car for a person under the age of 18 years. After reaching this age, a citizen will already have all the rights to the full disposal of a car and there will no longer be any restrictions on the sale of vehicles. At the same time, civil legislation regarding minors may differ somewhat. It separates those citizens who have already reached the age of 14, and those who are between the ages of 14 and 16. Regarding the registration of a car, in both cases, all transactions will be concluded by the legal representatives of the children, who are parents or guardians. The main situations in which a vehicle is registered for minors are:

Official presentation of the gift;
parents for tax service or avoiding the confiscation of property, subject to the existence of debt obligations to the bank or the state;
Other cases when there is a need to register specifically for the person who has not yet reached the age of majority.

Features of registering a car for a minor

Despite limited rights minor, he may refuse to register.

If a dispute arises, it is resolved by involving the guardianship authorities. They must consider the problem comprehensively, bearing in mind that it is their duty to protect the rights of minors.

Re-registration of a vehicle for a minor has positive and negative sides. Yes, among good points note

Possibility of tax exemption. In such cases, they even specially draw up a car for a child so as not to pay tax;
The impossibility of seizing the vehicle for the debts of the parents. If the father or mother of the minor has tax arrears, there is an outstanding and / or overdue bank loan, or other documented obligations and the car could be seized for sale and repayment for debts. If the car is registered with the child, then it cannot be seized and sold at auction for any debts of the mother or father;
No penalties for administrative violations. In fact, as in the case of debt obligations, a car can be specially issued for a child in order to;
Use of benefits subject to registration of a car for a disabled child. The main benefit among these will be the absence of payment of transport tax. In such cases, it is worth clarifying exactly what benefits are present in the region where the vehicle will be. This position is used, taking into account the fact that they are brought to administrative responsibility only after the age of 16, the guilty person of committing a certain misconduct.

Disadvantages of registering a car for a child

Among the main disadvantages that are present in such a situation is the alienation of the machine. For example, if you decide to donate a car and subsequently sell it, you should be aware of possible restrictions. The fact that, depending on the age that the minor has reached, it may not be easy to conclude a contract of sale.

This is due to the fact that until the age of 14, the rights of children are protected by guardianship authorities. Even in the absence of any complaints about parents, problems with the law and other negative points. By law, every transaction in without fail approved by the authorities.

If no facts of infringement of the rights of a minor are found, consent to the transaction should be expressed in the preparation of a document. Only if it is presented, the contract can be signed and the vehicle transferred to the use of the new owner.

Who can operate the car

When registering a car for a child, it is important to understand that when it comes to passenger car, then by law he will be able to manage it independently only from the age of 18. Even with sufficient management skills vehicle and study of the theory of law can only be issued after 18 years. The law is the same for all citizens. Until the child turns 18 and becomes a full citizen, only the guardians of the child or his parents can drive a car.

A document confirming the identity of a minor

Provided that the car that will be re-registered to the child belongs to the parents or guardian, then in order for the child to take ownership, the personal presence of the minor himself will be required. Until the child turns 14, a birth certificate is used as an identity document. After reaching this age, citizens of the Russian Federation can already receive a passport and the transaction is subject to registration only upon presentation of a passport

Car registration steps

After all the legislative points have been observed, a contract of sale or donation has been signed, the minor, together with his legal representative, has the right to apply to the traffic police and the vehicle will be registered. At the same time, it is worth remembering that it will be necessary to perform such an action strictly until 10 days have passed since the conclusion of the contract. IN otherwise after this period, the machine will no longer be used. When you try to network behind the wheel and operate it, the car may be detained and placed on. For registration, you will need to present a standard package of documents, including the basis document for the transfer of ownership of a minor.

In contact with

Many people prefer to register a vehicle for a minor child for various reasons. This process has certain advantages, and the need for it arises only in a few situations. This includes the transfer of a car to a child as an inheritance, donating a car and buying a car by the child himself.

In Art. 26 of the Civil Code states that a minor citizen whose age is over 14 years old can independently act as a participant in any transaction, therefore contracts can be concluded, but only after obtaining permission from the parents.

Article 26

1. Minors between the ages of fourteen and eighteen make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

A transaction made by such a minor is also valid if it is subsequently approved in writing by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years of age have the right independently, without the consent of their parents, adoptive parents and guardian:

1) dispose of their earnings, scholarships and other incomes;

3) in accordance with the law, make deposits to credit organizations and dispose of them;

4) make petty everyday transactions and other transactions provided for by paragraph 2 of Article 28 of this Code.

Upon reaching the age of sixteen, minors are also entitled to be members of cooperatives in accordance with the laws on cooperatives.

3. Minors between the ages of fourteen and eighteen shall independently bear property liability for transactions made by them in accordance with paragraphs 1 and 2 of this article. Such minors shall be liable for the harm caused by them in accordance with this Code.

4. If there are sufficient grounds, the court, at the request of parents, adoptive parents or a custodian or a guardianship and guardianship body, may restrict or deprive a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, stipend or other income, except in cases where such a minor has acquired legal capacity in full in accordance with paragraph 2 of Article 21 or Article 27 of this Code.

Buying a car by a minor and registering it, step-by-step instruction in this video:

Cars are usually issued for children in several situations:

the car becomes the property of a minor;
and immediately issued to him;
relatives.

Important! In any of the above situations, by all means, official documents, which include a contract of donation, purchase and sale or the act of entering into an inheritance.

In Art. 28 of the Civil Code states that if the child has not yet turned 14, then all transactions are made for him by his parents.

Article 28. Legal capacity of minors

1. For minors under the age of fourteen (minors), transactions, with the exception of those specified in paragraph 2 of this article, can be made on their behalf only by their parents, adoptive parents or guardians.

The rules provided for by paragraphs 2 and 3 of Article 37 of this Code shall apply to transactions of legal representatives of a minor with his property.

2. Juveniles aged six to fourteen years have the right to independently commit:

1) small household transactions;

2) transactions aimed at gratuitous receipt benefits that do not require notarization or state registration;

3) transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

3. Property liability for transactions of a minor, including transactions made by him independently, shall be borne by his parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs. These persons, in accordance with the law, are also liable for harm caused by minors.

How is the car transferred to the child

The transfer of the machine can be made only if the relevant documents are drawn up:

when donating, a donation agreement is formed;
when the car is inherited, the Holy Order is certainly formed;
if the purchase of a car is made out to a minor, then.

If the child is under 14 years old, then all documents are signed by the parents. If he is over 14 years old, then he can conclude contracts himself, but permission from the parents is required first.

Important! If the vehicle is inherited, then the child can refuse it only after he receives permission for this process from the guardianship authorities, but it is given only when the receipt of such property does not benefit the minor.

How to sell a car to a minor

If a minor owns a car, then it is allowed only with the permission of the guardianship authorities. This applies to both orphans and children from complete families.

Official representatives of the child may not, without this permission, sell or perform other actions with the car that lead to a change of ownership. This is indicated in Art. 28 and 37 of the Civil Code.

Article 37. Disposition of the property of the ward

1. The guardian or custodian disposes of the income of the ward, including the income due to the ward from the management of his property, with the exception of income that the ward has the right to dispose of independently, solely in the interests of the ward and with the prior permission of the guardianship and guardianship authority. The amounts of alimony, pensions, allowances, compensation for harm to health and harm suffered in the event of the death of the breadwinner, as well as other funds paid for the maintenance of the ward, with the exception of income that the ward has the right to dispose of independently, are subject to crediting to a separate nominal account opened by the guardian or custodian in in accordance with Chapter 45 of this Code, and are spent by the guardian or custodian without the prior permission of the body of guardianship and guardianship. The guardian or custodian shall submit a report on the expenditure of the amounts credited to a separate nominal account in the manner prescribed by federal law"About guardianship and guardianship".

2. The guardian shall not be entitled, without the prior permission of the body of guardianship and guardianship, to make, and the trustee - to give consent to the conclusion of transactions for the alienation, including the exchange or donation of the property of the ward, its leasing (lease), in free use or as a pledge, transactions entailing the waiver of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the property of the ward.

The procedure for managing the property of a ward is determined by the Federal Law "On Guardianship and Custody".

3. The guardian, trustee, their spouses and close relatives shall not have the right to make transactions with the ward, except for the transfer of property to the ward as a gift or for gratuitous use, as well as to represent the ward in the conclusion of transactions or in the conduct of court cases between the ward and the spouse of the guardian or trustee and their close relatives.

4. The guardian disposes of the property of a citizen recognized as legally incompetent, based on the opinion of the ward, and if it is impossible to establish his opinion, taking into account information about his preferences received from the parents of such a citizen, his former guardians, other persons who provided services to such a citizen and conscientiously performed their duties. responsibilities.

Important! If permission is given for the sale from the guardianship authorities, then a condition is set on the basis of which all cash proceeds from the sale of a car must be transferred to the personal account of a minor, and he will be able to use them for any purpose after he reaches the age of majority.

For example, the car passed to the parents and the child in equal shares, so if it is sold, then 1/3 of the proceeds are credited to the child's account. Parents cannot manage these funds.

If a minor owns a share in a car, then other co-owners can buy it out, but even this transaction requires approval from the guardianship authorities. To determine the amount that must be transferred to his account, an assessment of the cost of the car is carried out.