– You feel powerless and discouraged. It seems like a logical matter to me, so it’s amazing that others don’t think so too, says Mariann Tonstad. She inherited a property at her hometown of Sirdal in Agder from an aunt and uncle. In the garage was a car, which, unlike her own, had a manual transmission. – We have a son who wanted to practice drive a car with a manual transmission when he turned 16, says Tonstad. Together with her partner Bjørn Vidar Dale, she started the process to get the car re-registered to herself, the license plate and EU inspection. The couple submitted a standard notice of change of ownership to the Norwegian Public Roads Administration. – A simple matter, Tonstad thought. But it would turn out to be more complicated than that. Mariann Tonstad feels powerless in the face of the Norwegian Road Administration’s regulations. Photo: Geir Ingar Egeland / news – Rigid rules Because after a while the refusal came. Tonstad was not allowed to re-register the car without a signature from the previous owner, even though it has been in her possession since 2004. In the registered will of her uncle, it is stated that the car, a Toyota Camry from 1985, is specified as part of the household goods. – What is registered in the vehicle register is not necessarily what is experienced as ownership under private law. By that I mean that there is no direct link between the registered will and the Vehicle Register. That’s what Tonje Sundland Mogensen of the Norwegian Public Roads Administration says. – For the Norwegian Public Roads Administration, it may seem as if there is no correspondence between what is written in the will and what appears in the probate certificate after the owner’s death, says Sundland Mogensen. Heirs must sign When the uncle died 15 years ago, he left five heirs. It is now these who must sign on his behalf. – You must state the name of the deceased as former owner in the sale notice, and get a signature from the heirs, or the person authorized to sign on behalf of the estate, says Sundland Mogensen. Tonstad says she does not know these heirs. She does not know how old they are or if they are alive. If any of these have passed away, it is their heirs who must sign. – The framework that the regulations provide for granting a change of ownership is very strict. We understand that it is perceived as rigid, but the rules are like that to safeguard the interests of those who are registered as owners or those who have ownership interests through a deceased estate, says Sundland Mogensen. The regulations do not take such considerations as the age or value of the car into account. Tonje Sundland Mogensen in the Norwegian Public Roads Administration understands that the rules on documentation for a change of ownership may seem unreasonable. Photo: Christian Ziegler Remme / news Kommer ingen vei The case has been processed by the Swedish Road Administration in two independent bodies, and the couple have been told that the refusal to re-register is final. – In the inheritance settlement and the will, it is clarified that I have inherited a house, with a garage and all its contents. The car is specified in this. I do own it, but I am not allowed to register it on me. It’s too stupid, says Tonstad. According to the roommate, the six-page rejection from the Swedish Road Administration states that there is an opportunity to deviate from the rules by using discretion. The family thought their case would be a good enough reason to look at the matter with discretion, but refer to the situation as “a complete puncture”. – We are not allowed to re-register the car, make it drivable, and therefore not scrap it either. It just stays here, says Tonstad. Tonstad has received several inquiries from people who have been in similar situations, or who want to buy the car. – I’m not looking for money, and I don’t want to sell the car. I want it on wheels, says Tonstad. Together with her partner Bjørn Vidar Dale, Mariann Tonstad hopes to get the car on wheels. Photo: Geir Ingar Egeland / news Seeking judgment on the ownership news has asked the Norwegian Public Roads Administration why it is not possible to use discretion in this case. – We are not sure of the ownership. It is not our task to interpret private law agreements to determine who is the real owner of a vehicle, says Sundland Mogensen in the Norwegian Road Administration. If it is not possible to get a signature from the heirs, or the person authorized to act on behalf of the estate, only one other option will be possible, according to Sundland Mogensen. – If the sales notification cannot be completed in accordance with the conditions set out in the regulations on the use of vehicles §2-27 and §2-28, a legally binding decision can be obtained that confirms the ownership of the vehicle. Those who have the authority to issue such a legally binding decision are the conciliation council or the district court. The Conciliation Council is the lowest level in the legal system for civil cases. Processing a case in the conciliation council costs NOK 1,367, according to the police. This court fee is paid by the complainant. Getting a lawyer to track down the other heirs will be even more expensive. The vast majority of lawyers charge per hour, and this payment is on average around NOK 2,000, according to the law firm Synega. When Tonstad received the inheritance in 2004, all the contents of the garage, including the car, were estimated at NOK 5,000. – I feel that I have submitted a lot of documentation that confirms that I own the car, but the problem is that they do not accept the documentation. Who should be the other party in a conciliation council? I have it in black and white that the car is mine. That’s what a desperate car owner says. – I think the rules in the National Road Administration in this area are completely behind the mark, says Tonstad’s roommate Bjørn Vidar Dale. Hi! Did you think of anything in particular when you read this case? Or would you like to advise me on another matter? Contact!
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– I own it, but cannot register it on me – news Sørlandet – Local news, TV and radio
