According to many drivers, the purchase and sale agreement, they are officially no longer owners of their car and get rid of the need for further payment of fines for violation of traffic rules with a new car owner.
At the same time, they believe that the sale transaction is a good reason to appeal any demands of payment of future fines. However, this opinion is erroneous.
This issue was considered by the Supreme Court and as a result, a decree was made, according to which the Agreement on the purchase and sale of the machine is not a reason for exemption from paying any penalties for violation of traffic rules that may be superimposed.
This resolution was submitted as part of the consideration of one administrative case.
However, the courts of first instance are required to follow this practice. Otherwise, their decision will be canceled by a higher court.
If we talk about this case, then the essence is the following. Private person acquired a car from a legal entity.
After 3 days, the legal entity came a penalty for violation of traffic rules, namely for the exceeding the speed regime.
The organization decided to appeal against the decree on the imposition of a fine and together with the statement provided a copy of the contract of sale.
The administrative case came to the Supreme Court, which, in turn, left a decree on imposing a fine without change.
In particular, he pointed out the lack of any evidence of the transfer of a car from the organization of an individual.
This suggests that the existence of a contract is not a confirmation of the fact of selling TC. In order not to fall into such situations, at the conclusion of the contract, it is necessary to still make an act of acceptance and transfer of the TC.
This document will allow to prove the fact that the owner of the car on the TCP does not have this vehicle.
If there is an act of acceptance and transfer, the decision on the imposition of the fine would be canceled.
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