The administrative detention it’s a measure That block the use of the car and other means or goods. In this article we are going to find out everything you need to know about administrative detention of the car, what it is, how it is arranged, the payment and how to cancel it by presenting the right documentation.
👉 What is it
👉 What does it entail
👉 What is the risk of circulating with administrative detention
👉 And in case of an accident? Does the insurance pay?
👉 How to delete and delete?
👉 How to check the administrative detention on cars
👉 Administrative stop because you receive?
👉 Administrative Stop Notice
👉 Administrative arrest by mistake
👉 Car purchased with “administrative detention”
👉 Administrative detention prescription
Car administrative stop what is it
The administrative detention it is an act by which the administrations or competent bodies (Municipalities, INPS, Regions, State, etc.), through the collection concessionaires, “block” a movable property of the debtor registered in public registers (for example motor vehicles) or co-obligors, in order to collect unpaid credits which may refer to taxes or duties.
In reality, the debt for which the administrative detention has been applied may be due to credits of various kinds, for example, a non-payment of VAT, IRPEF, car tax, ICI, etc.) or to fines relating to infringements of the Highway Code .
What does it entail
The administrative detention on a car leads for the owner several problems and a strong limitation on the use of the asset.
If you have a administrative detention it’s on your car
- Road traffic ban (penalty monetary sanction);
- Impossibility of transport for demolition or export;
You can return to use it freely only after the cancellation of administrative detention at PRA (Public vehicle registration).
What is the risk of circulating with administrative detention
Following the registration of the administrative catch the vehicle subjected to detention will not be able to circulate: anyone circulating with the vehicle subjected to detention will be subject to the payment of a fine from 1,988 euros to 7,953 euros, established by the Highway Code (art.214, paragraph 8, of Legislative Decree 285/1992).
And in case of an accident? Does the insurance pay?
In case of a the driving ban has been violated. Attention, because some insurance companies, precisely in order to protect themselves from this eventuality, could insert specific clauses in the contracts with which their liability is excluded in these situations (they do not compensate for the damage). But that could change in the event of theft: if the car were stolen and had an accident, the insurance company would pay what was stipulated in the contract, while it might not do so if the driving ban was voluntarily violated.
However, it is not certain that in the event of an accident, the insurance will not pay: it is necessary to check what the contract provides on the specific point.
Some policies provide for compensation for any damage caused by an accident even in the case of driving without a licence.
How to delete and delete?
To get back to having the full ownership of the use of your car, The administrative detention can be canceled or suspended through payment of the amount due, we will find out later how to carry out this procedure. HOW TO CANCEL / SUSPEND THE ADMINISTRATIVE RETENTION
How to check if there is an administrative detention on the car
Usually the application of the administrative detention on a vehicle is preceded by the NOTIFICATION of an “ADVANCE NOTICE OF ADMINISTRATIVE DETENTION” by the entity itself with the concession of a period of 60 days to pay the amount due and thus avoid the application of the detention.
Otherwise to find out if a medium has been applied a administrative detention there are three ways of verification:
- Yes you can request online a license plate survey from the PRA. Simply connect to ICA website and choose how you prefer to pay for the service, then you will have to provide your data and billing data. Then the vehicle data will be indicated and specify whether it is a car, a motorcycle or a trailer. The visura is essential when buying a car because it allows anyone to check if there is a lock on the vehicle, which would not allow the buyer to use it;
👉 PRA certificate for €8.90 - The second possibility is check for yourself if there is an administrative blockage by going to the PRA and requesting the certificate by providing the license plate number. The inspection costs about 9 euros for the rights, while the price of the search is 6 euros (for a total of 15 euros). It is also possible to delegate someone else to carry out the assessment, or to appoint an agency;
- The members of the ACI, or those who are members of the Automobile Club, can contact a delegation located in the area, which will carry out the verification;
- You can visit the following links and entering the vehicle license platehis typology and the Tax ID code of the owner it is possible to become aware of whether or not the vehicle in question presents the administrative detention.
Administrative stop because you receive?
The administrative detention on the car (or truck, motorcycle, etc.) it can be received as a result of these reasons:
- Unpaid taxes or duties (VAT, IRPEF, car tax, ICI, registration tax, etc.)
- Unpaid fines, achieved as a result of violation of the Highway Code.
Basically, the administrative detention could be received during the non-payment of a debt established by the Treasury.
Administrative Stop Notice
It must be said that the Administrative Detention does not immediately enter into force: the Entity sends the debtor an “administrative detention notice” by notifying a tax collection notice through which the car owner has 60 days to make paymentwith the possibility of also requesting an installment payment of the debt to be paid.
If instead the debt does not exceed €1,000yes they have four months time to ask for one conciliationthus avoiding the action of theRevenue Agency. The debtor will receive a communication at his domicile containing the details of the debt and the amount to be paid, from the date of receipt of the same part the term of the 120 days.
It is important to know that if the retainer is cancelled, the owner will be issued with a new title certificate.
Administrative detention by mistake
It is important to know that sometimes (even if it rarely happens) the administrative car stop can be arranged erroneously and consequently there is the possibility of contesting the above to your Organization by presenting the receipts of the payments made.
Car purchased with “administrative detention”
Attention why a car can also be sold with administrative detention. When the owner decides to sell the car, he will automatically transfer the administrative detention if any to the buyer and future owner which, obviously, will not lose its value with the exchange of ownership.
It is therefore imperative – given the disproportionate and countless scams in the field of car sales – know exactly if the vehicle we are about to buy is “clean”, by personally verifying (or asking the seller) (with a specific search) that it has not been subjected to administrative detention.
Be careful because if at the time of sale the vehicle is “clean”, but after a few days the administrative arrest arrives for the previous owner’s debts, the problems weigh on the new owner.
Even if the registration of the sale takes place with a deed of a certain date subsequent to the registration of the detention, the vehicle cannot circulate and cannot be disbarred by the PRA.
Administrative detention prescription
There prescription specification on administrative detention does not exist but is rather linked to the debt that caused the detention. Therefore the statute of limitations cancels the administrative act against the car when the tax bill expires connected to the stop.
The statute of limitations is 10 years for taxes owed to the State such as Irpef, Ires, VAT, stamp duty, registration tax, Rai license fee, contributions to the Chamber of Commerce. The terms are of 5 years in the case of taxes due to local authorities (Imu, Tari), in the case of traffic fines or penalties for tax assessments and for contributions to be paid to INPS and Inail.
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