In general, production and distribution of automobiles and automobile parts are not subject to state licensing. A state licence may be required to carry out certain auxiliary activities - for instance, collection, transportation, processing, recycling, neutralisation and disposal of waste; harvesting, storage, processing and sale of non-ferrous and ferrous metal scrap; carriage of goods, etc. Since 10 April 2019 up to 9 October 2019, a special license of the Ministry of Industry and Trade for import of aluminium wheels in Russia from countries that are not member states of the Eurasian Economic Union (EAEU), which include Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, and not participants of the ‘1958 Geneva Agreement’, is required based on Government Decree No. 303 ‘On licensing of import of aluminium wheels’ of 21 March 2019.
Automobiles and automobile parts are subject to obligatory confirmation of compliance with safety requirements in accordance with the applicable technical regulations. Thus, the basic legal act in this area is the Technical Regulation ‘On the Safety of Wheeled Vehicles’ of 9 December 2011, TR SU 018/2011 (Technical Regulation SU 018/2011), enforceable in the territory of the EAEU, whose member states are Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia.
Technical Regulation SU 018/2011 establishes the procedures to confirm compliance of automobiles and automobile parts with a number of quality and safety requirements, including environmental requirements, such as carbon dioxide emissions and fuel consumption. As a result, the applicant (eg, the manufacturer or importer) obtains a document certifying the conformity of its manufactured automobiles and/or automobile parts with the requirements of Technical Regulation SU 018/2011 (in particular, vehicle-type approval for automobiles). This document must be obtained when the goods are both imported into and produced in Russia.
Along with the obligation of automobile manufacturers to comply with the safety requirements for automobiles and their components, automobile manufacturers and importers have a duty to pay fees aimed at the protection of the environment, including environmental and disposal fees.
Apart from the certification procedure described above, a vehicle certificate of title shall be obtained with respect to each vehicle with an engine capacity of 50cc or more or with the maximum power of an electric motor exceeding 4 kilowatts, and a maximum design speed exceeding 50km/h, and its trailer and vehicle chassis.
Before 1 November 2019 vehicle certificates of title may be issued in either paper or electronic form; after 1 November 2019 all newly issued vehicle certificates of title will be electronic only. It is anticipated that the shift to the electronic system will greatly facilitate the process of registration of vehicles, simplify document circulation and make ownership records transparent. The transition period for the introduction of electronic passports of vehicles was postponed from 1 July 2018 to 1 November 2019.
The electronic passport is issued by an authorised body (organisation) of the member of the EAEU. Until the electronic passport becomes mandatory instead of new vehicle certificates in paper form, the vehicle certificate of title in paper form may be issued by a manufacturer (if the vehicle is produced in Russia), by the customs authorities (if the vehicle is imported into Russia) or by the Motor Vehicle Inspectorate in limited cases.
The electronic passport and vehicle certificate of title contain, inter alia, information on the characteristics of a vehicle, the vehicle identification number and the territory of the EAEU where registration of the automobile is allowed. Additional information of an informative character can be entered into the database for the electronic passport on a voluntary basis. This information includes, in particular: information on the vehicle owner, information on payment of the recycling fee, information on vehicle technical inspection, maintenance and repair of the vehicle, information on restrictions (encumbrances) with respect to the vehicle, information on vehicle insurance and insurance claims; and information on road traffic accidents involving the vehicle.
Following this, an automobile should be registered with the local department of the Motor Vehicle Inspectorate. Registration is mandatory and as a result the automobile owner obtains a registration certificate and licence plate for the vehicle.
To proceed with the registration of an automobile one must provide the local department of the Motor Vehicle Inspectorate with ID, the vehicle certificate of title, a document confirming ownership or other right to the automobile (eg, sale and purchase agreement, certificate of inheritance) and an insurance certificate for obligatory insurance of the owner’s civil liability for damage to life, health or property of other persons caused by him or her while using the vehicle (OSAGO insurance certificate).
Automobile owners are also entitled to additionally insure their civil liability and property on a voluntary basis (KASKO insurance certificate).
The procedure for making changes to car designs was approved by Decree of the Russian Government No. 413 of 6 April 2019. In accordance with the Decree, it will be possible to make changes in a car design after obtaining permission from the Motor Vehicle Inspectorate. To obtain the permission, it is necessary to provide documents, among which is a technical examination certificate issued by a testing laboratory. To date, the procedure for making changes to car designs has not been established, which has raised a number of legal and technical concerns.
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