Temporary De-registration of Vehicles Will Have a Maximum Duration of One Year

REGULATORY MODIFICATION

Temporary vehicle cancellations will have a maximum duration of 1 year
Other new features are also included regarding the definitive cancellation of the vehicle ex officio, for transfer to another country, or the obligation to pass an ITV for vehicles that after suffering a serious accident, are declared a total loss and their owner intends to continue circulating with it or transferring it to a third party

APRIL 14, 2021

The Official State Gazette today published a Royal Decree on vehicles at the end of their useful life.

Among the main novelties included in the document is the establishment of a time limit of 1 year from the date of request for said temporary withdrawal. After that period, if the interested party has not requested the extension of said period, the vehicle will automatically be in an active situation again, generating the corresponding administrative and fiscal obligations, such as the tax on mechanical traction vehicles.

Extensions of the temporary withdrawal period may be requested from the Traffic Headquarters a maximum of 2 months before the termination date of the temporary withdrawal.

Until now, there was no time limit for the temporary withdrawal of the vehicle and this measure will serve to avoid the abusive use of the temporary withdrawal that some workshops carried out with the aim of evading the obligation to take a vehicle to an Authorised Treatment Centew (CAT) at the end of its useful life. In addition, the European Commission in a report urged the States to adopt measures “on the administrative procedures of temporary cancellations” and “the improvement of the knowledge of the information of the Vehicle Registry” that would avoid situations in which the vehicle did not finish its useful life in an Authorised Treatment Centre at the end of its useful life.

Since 2004, these types of casualties have doubled, from 60,982 to 132,459 in 2019.

Another novelty included in this RD is the obligation to pass an ITV inspection in those vehicles that have been declared a total loss by the insurance companies and in which, later, their owner intends to continue circulating with the vehicle or to be transferred to another owner. This inspection must be passed after the declaration of the claim.

This measure aims, on the one hand, to guarantee that after the accident the vehicle complies with the technical conditions required for driving and, on the other hand, to provide transparency in the second-hand or used vehicle market, facilitating the technical history of the vehicle. to anyone interested in your purchase.

Vehicle cancellation due to transfer to another country

In the event that you want to transfer a vehicle to another country where it is to be registered, the owner or another person who proves ownership, once the vehicle has been canceled due to export or community transit, the vehicle must leave Spain. in the following 3 months from the annotation of the de-registration in the DGT vehicle registry. In the event that three months are exceeded and there is evidence that the vehicle continues to circulate in Spain, it will be automatically registered again in the General Vehicle Registry of the DGT.

With the establishment of these 3 months between the request for the definitive cancellation in the Vehicle Registry and the effective departure of the vehicle from the country, fictitious losses due to community transit are avoided that are communicated in order to evade tax obligations and the export of vehicles to other countries.

In addition, in the event that the vehicles to be exported are older than four years, from their date of first registration, or any vehicle that, after an accident or other cause, has suffered significant damage that may affect any element of security, it will be required that before being discharged permanently for transfer to another country, they pass a technical inspection to verify that the vehicle that continues to meet the requirements to circulate on public roads and is not the export of waste.

This is a first step to guarantee the prohibition of exporting vehicles that do not meet safety and environmental requirements to third countries.

Other novelties
A new feature is also provided for the possibility of ex officio recording the definitive de-registration of vehicles, which have not been insured or have passed the ITV during the last ten years. The ex officio cancellation will be noted after a reasoned resolution of the Provincial Traffic Headquarters and will guarantee, at a later time, the rehabilitation and putting into circulation of the vehicle if the owner of the same proves its existence and compliance with the requirements to obtain the circulation permit.

This measure will facilitate the communication by the Local Entities, of those vehicles that appear in the municipal censuses but that are not part of the circulating vehicles because they ceased to exist a long time ago.

The standard also contemplates the possibility that Authorised Treatment Centres, with prior authorisation from the DGT, cede vehicles at the end of their useful life that have been permanently decommissioned to institutions dedicated to training, automotive research or for civil protection work or drills.

On the other hand, it may also be requested to comply with the established requirements, the rehabilitation of historic vehicles that have previously been discharged permanently, provided that it is proven that they have a special historical interest or uniqueness.

Finally, to help citizens identify the Authorised Treatment Centres (CAT) of the workshops that cannot decontaminate or scrap vehicles, they will display a plate that identifies them. Since 2013, said plate was regulated under the DGT instruction.

Entry into force
Although the entry into force of said Royal Decree is the day after its publication (Wednesday 14 of April 2021), the second transitory provision establishes that the competent public administrations will adopt their procedures and authorisations, as well as the documents of transfers to the provisions of this RD in the within one year from its entry into force.

This information has been taken from the DGT and translated.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.