Problem with registration with corroded frame

On March 29, 21 in the Sector "Traffic Police" at the OD of the Ministry of Interior - V. appeared the person KV, for registration of vehicles - requested service "Used by the EU, EEA or the Swiss Confederation" on l.a. . trademark "S. K." with frame ", with SRMPS / Certificate of registration of a motor vehicle / part 1 and part 2 № GV / model of the Federal Republic of Germany /.

With a report dated 29.03. 21г. of the inspector DD - police inspector in the group "ROPPSS" to the sector "PP" at the OD of the Ministry of Interior V. to the Chairman of the Commission appointed by Order № 365z-3413 / 21.08.2018. a request is made for verification of the conformity of the identification VIN № of the vehicle, and the authenticity of the Certificate of registration of a motor vehicle by the commission appointed by order, as the IDENTIFICATION established by the mechanic established that the vehicle is one year registration 20.02.2006, corrosion of identification VIN number and acc. item 1, item IV of Order № 365z-3413 / 21.08.2018. of the Director of the OD of the Ministry of Interior in Varna, it was necessary for the PS to perform an additional inspection by a commission for verification of the authenticity of the identification number. After that, a number of performed administrative actions, the administrative body refused registration due to a strong impossibility to identify the number of the frame due to severe corrosion.

 

According to Art. 143 para. 1 of the LPA, the road vehicle is registered in the name of its owner according to the identification number of the vehicle set by the manufacturer. According to Art. 7 para. 1 of Ordinance № I-45 of 24.03.2000 on registration, reporting, commissioning and stopping of motor vehicles and trailers towed by them, and the procedure for providing data on registered road vehicles, on which the manufacturer's identification number (VIN) cannot be established are not registered. According to Art. 143, para 3 of the LPA, a road vehicle with a replaced, deleted or damaged identification number shall not be registered until the true identification number set by the manufacturer is established, and according to Art. 143, para. 4 of the LPA, the restoration of the identification number is carried out according to an order determined by the Minister of Interior, namely - Instruction of the Ministry of Interior № I-185 of 6.12.2002 for determining the procedure for restoration of the identification number of a road vehicle. The registration of a road vehicle under the Road Traffic Act is carried out in the presence of two cumulative prerequisites - a vehicle identification number set by the manufacturer and proof of ownership of the vehicle. According to the law, the presence of a factory identification number placed in the appropriate place for this brand of car is a prerequisite for its registration, as the registration of road vehicles with replaced, deleted or damaged identification number is carried out only when it is possible to establish the frame number. where the manufacturer originally placed it. The requirement set in the law is in order to prevent the movement of road vehicles that do not bear the identification number set by the manufacturer as a guarantee for their recognition and compliance with production standards.

In this case, it was established by a commission at the OD of the Ministry of Interior that the identification number of the vehicle was severely corroded due to natural corrosion and could not be read. There is a deletion of the identification number of the vehicle, although due to natural corrosion and the authentic registration number can not be established, so registration of the car can not be done until it is restored in the manner prescribed by the Minister of Interior. The procedure is regulated in the issued on the grounds of art. 143, para. 3 ZDvP, Instruction №I-185/2002. This procedure is an independent administrative procedure and starts at the request of the interested person. The conduct of this proceeding is a subjective right, the exercise of which depends on the judgment of its holder, ie. by the applicant and if she deems fit should initiate proceedings under Instruction №I-185/2002. and, if the competent authorities consider that there are grounds for recovering the identification number, to issue the same. Only then will the applicant be able to refer the matter back to the administrative authority with a request to register a vehicle with a restored identification number. In the case there was no request from the applicant for restoration of the identification number, but only her application for initial registration. It is not alleged that such a request was made to the administrative body.

In this case the applicant has submitted an application for initial registration of the vehicle and there is a formal request for initiating administrative proceedings for registration.

What is a VIN number?

In fact, the VIN number is a combination of characters that match