“I buy used cars, even if they are under administrative seizure”: many of you will have found this note under the windshield wiper of your car. Because there are those who are interested in buying cars blocked by fiscal jawsLet’s go step by step, and start from the first step.
Administrative detention, what is it?
Administrative seizure is an act with which the competent administrations or bodies (Municipalities, Regions, State and others), through the collection agents (such as the Revenue Agency-Collection), “block” a movable asset of the debtor registered in public registers: this is the case of a car, and for this reason they are also called tax clamps. Objective, collect unpaid debtssuch as a traffic fine not paid to a municipality or a car tax (regional property tax) not paid.
In fact, if the citizen does not pay the tax notice within the terms of the law, the collection agency can order the seizure of vehicles registered to the debtor, by registering the administrative seizure order in the Public vehicle registration (Aci).
How long does the administrative seizure last?
Thus, the availability of the vehicle is limited until the motorist does not pay the debt and until the collection agency provides for the cancellation of the seizure. The vehicle cannot circulate and, even if it is sold, with a deed of a certain date subsequent to the registration of the seizure, the new owner cannot circulate either. Furthermore, if the debtor does not pay, the dealer may take forced action to sell the vehicle.
Car with administrative seizure
Important: the presence of an administrative seizure at the PRA inhibits the possibility of to demolish or to erase for export the vehicle. But it allows the sale in Italy: this is the key.
Roughly speaking, according to the rumors we have gathered, the phenomenon is of considerable proportions: 3.5 million vehicles blocked by jaws. A blunder if one considers a circulating around 40 million cars.
How to remove administrative seizure of a car
- The citizen, after seeing the note on the car with a purchase proposal, or after coming across websites of dealers who buy cars even with tax brakes, contacts the buyer, the dealer.
- These purchase the car with administrative seizure. Becomes owner with the release of a Mini-Voltura Certificate within the Italian PRA. It is on white A4 paper, printed by the dealership that sells used cars (not valid for circulation).
- He resells it abroad (Bulgaria, Romania, Poland or elsewhere) where it is re-registered in the name of another private owner.
- Now, the car has two owners. That is, the owner-dealer in the Italian PRA and the owner in the foreign country’s register. In this way, the chassis is associated with two license plates.
- The car does not remain abroad (Bulgaria, Romania, Poland or other). Or it even returns to circulate in Italy, driven by a driver resident in Italy, through registration in the Reve (Registry of Foreign Vehicles) of a rental contract or free loan for use. It is legal: the seizure does not allow deregistration (for demolition or export), but allows the sale in Italy. In theory, exporting the vehicle abroad would presuppose cancellation from the national vehicle archive and from the PRA. It would presuppose, not oblige.
- Does the creditor (municipality or region) still have any interest in the seizure of that car? No. It has been exported. At the same time, no Italian owner will pay the stamp duty to the Region because the car is exempt. Finally, the car is not insured with the mandatory RCA policy required for vehicles sold and registered here.
Fine cancelled for car with administrative seizure
To confirm that everything is legal, the sentence of the Cassation of 23 February 2024: the fine issued by the Pordenone traffic police is cancelled. The ermines have ruled in favour of the foreigner. L‘Article 100paragraph 12, of the Highway Codepenalizes the circulation of a vehicle equipped with a license plate that is not its own or a counterfeit one. The normative formula must be understood in the sense that the violation exists when the license plate with which the vehicle is equipped belongs to another vehicle or is in any case object of counterfeiting. In this case, the vehicle was equipped with license plates issued by the Polish Motor Vehicle Authority.
Not only that. The Cassation condemned the Prefecture of Pordenone to pay the costs of the entire trial. First degree 1.100 eurossecond degree 1.600 eurosjudgment of legitimacy 1.700 euros. Plus statutory fees and overheads.
What possible solution in the future?
Maybe the legislator could fix it: a rule that provides for the ban on mini-transfer of a vehicle if an administrative seizure is still registered. Furthermore, the foreignerowner of the car with foreign license platecan grant the use of the car to a natural or legal person resident in Italy. This is permitted by ReveForeign Vehicle Register, where the loan for use is registered: it is permitted to register a vehicle with a foreign license plate in the Reve, whose chassis is still registered in the Italian PRA and never struck off. In fact, there is no cross-check between PRA and Reve, managed by Aci.
Read also:
→ Complete guide to administrative seizure
→ How to suspend or cancel the administrative seizure
→ What do you think? Take a look at the discussions on the FORUM!
The article Car with administrative seizure is alarm, trick to remove it comes from newsauto.it.
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