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  • Vehicle transfer - registration

    29. 01. 2018

    On the 1st of June 2017, the amendment to Act No. 56/2001 Coll., on the conditions for the operation of vehicles on the road, took effect, introducing the possibility of filing an application for the registration of a change of vehicle owner in the register of road vehicles at the office of any municipality with extended competence. Another novelty brought about by the aforementioned amendment is that it is now possible to register a change in the vehicle ownership title even if the previous or new owner does not cooperate.

    An application for a change of vehicle owner registration must be filed within 10 working days of the date of the transfer of ownership. The application may be filed jointly by the existing and new owner or by only one of them on the basis of a power of attorney granted by one party to the other or, thanks to the new amendment, the previous or new owner may register it solely on their own, provided that the following requirements are met.

    The new provision of Section 8a of the Act on the Conditions for the Operation of Vehicles on Roads states that when the owner of a vehicle has changed on the basis of a transfer of ownership (for example through a sales contract) and the existing or new owner fails to provide the necessary cooperation for filing a joint application within 10 working days from the date of transfer of ownership, the competent authority shall also register the change only at the request of the existing or new owner. However, the practical application of this provision is not as optimistic as it may first appear to be according to in the new language of the amended Act. If the other party does not cooperate, it is necessary to pay an administrative fee and provide a purchase contract containing the details of the former and the new owner accompanied by a green insurance card and a report on the vehicle registration check no older than 30 days. In cases where it is impossible to contact the new owner, however, the transferor/former owner is unable to provide the last item and is thus unable to proceed with an independent re-registration of the vehicle, since the applicant has sold and physically handed over the vehicle and thus has no possibility of obtaining the report, which is only issued in the physical presence of the vehicle.

    In cases where the other party is not cooperating and cannot be contacted, but the applicant is able to provide at least the above documents (Purchase Agreement, Green Card and Report on the Vehicle Registration Check) and pay the administrative fee, the application will be accepted by the Authority and the other party subsequently notified by the Authority of the submitted application and given an opportunity to respond. If the owner or former owner of the vehicle who did not submit the application has a technical license or a registration certificate for a road vehicle, the Authority shall request them to produce it, providing them with a reasonable period of time to do so. If these documents are not submitted within the prescribed period, however, it does not prevent the change of the ownership to be registered in the register of road vehicles, pursuant to Article 10 (4).

    The amendment undoubtedly simplifies the process of vehicle re-registration, but it remains the case that without the green card, the report on vehicle registration check (no older than 30 days) and the payment of the administrative fee, the Authority is not required to accept the change of owner which is to say that in cases where the current or new owner is not cooperating, the other party has reached a dead end. The only option is to try to contact the other party in all available ways. Ideally, one may avoid the situation outlined above by ensuring timely provision of all mandatory documents; the optimal option remains the possibility to re-register the vehicle in the presence of both the current and the new owner.

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