Last Friday, May 3, the Ministry of Justice released some guidelines on the changes it proposes to introduce in automobile registration. First of all, it is worth highlighting that, of the points reported, only two have reality today, namely: the CETA form (it had already been eliminated by the AFIP, a week before) and the non-expiration of the green card and elimination of the so-called “blue card” in force as of May 13. In relation to the remaining measures, some of them deserve, on the one hand, strong support, but others cause deep concern.
The acquisition of automobiles involves a movement of money by the buyer, who was in the sights of other organizations, which imposed a series of cumbersome controls on the Registry that end up complicating the process. One of them was the Certificate of Registrable Assets (CETA), which was nothing more than declaring before the AFIP who buys, who sells and at what price. Likewise, the Financial Information Unit (UIF) obliges the user to prove the legal origin of these funds. Originally this control was planned for “luxury” cars, but inflation meant that practically any Okm needed an income accounting certification. The elimination of CETA, and the increase in the threshold amount over which funds are required to be credited, are logical and correct measures.
The elimination of physical files was also announced. The Registries were one of the first organizations to make the word “paperless” fashionable in the public sector, and have advanced in digitalization incessantly and gradually. It is auspicious that we continue in that direction, as long as digitizing does not mean “scanning” papers and saving them on a computer, as occurs in other registries and public organizations.
In order to reduce costs, it is proposed at a good time to invite the provinces and CABA to lower the stamp tax and the automobile license fee, which “It represents around 70% of the costs that have to be paid at the time of transfer.” We will have to see how it affects each jurisdiction, which has its own tax jurisdiction. What is notable is that the Government whitewashes, for the first time, that in the so-called “millionaire business” of records, 70% of the income goes to taxes. Of the remaining 30%, it is worth clarifying that only one third is managed by the Manager to support the registry operating cost, and the other two thirds return to the State as transfers to the Ministry of Justice, or to the Cooperating Entities that are under its orbit.
Changes that are not so much
The following points announced present doubts, since they are current and verifiable.
The holders of sectional registrations will have to bear 100% of their costs. Since its creation in 1958, as an organization designed to be privately managed, the Manager responded and responds with his personal assets for all the expenses generated by the operation of the Registry, including claims and lawsuits.
A transparent tender system is going to be implemented. Since 2003, there have been competitions to access the position of Registry Manager, which requires first a university level (lawyer, accountant or notary), then a background evaluation (personal, academic and work), written exams (anonymously ) and oral, prior to their final selection according to the merit obtained, by the Minister of Justice.
The sectional records control system is going to be audited. Currently, the enforcement body of the Automotive Legal Regime, the DNRPA, carries out permanent online audits of all sections in the country (the internal registry operation is already 100% digital) and also carries out comprehensive audits in person.
Changes that could mean a setback
40% of automobile ownership registries will be closed. Closing registry offices with a view to “reducing the deficit” does not have a reasonable motivational basis: these units are financially supported by their bosses and not by the State. On the other hand, eliminating service centers and accumulating files and procedures in the surviving records will affect the user in the speed and quality of the service, and the financial support of the system due to the resulting greater activity: currently, the majority of records They present a loss in their income and expense accounts, which motivates a widespread claim.
The expiration date of the green card and the blue card is eliminated. The vehicle title certifies ownership of the vehicle. Argentine legislation confers consequences on civil liability to the use of the vehicle: non-authorization makes the owner’s liability for accidents or losses excusable, without prejudice to objective liability. The very mobility of the property, in a country with numerous independent jurisdictions (communal, municipal, provincial, etc.), means that coordination and communication between security forces is not efficient or immediate, so in the event of theft, the ID current or authorized ID card facilitate street control. Finally, let us remember that when in the past the certificate did not expire, it was common for buyers to circulate with the documentation in the name of the seller, thus making them jointly and severally responsible for the patents accrued, the infringements committed and the damages resulting from accidents. Without a doubt, this is one of the changes that should concern citizens the most, in terms of the protection that the Registry provides to automobile users.
Finally, a reminder about the ability of the Automotive Registry to adapt: the standard that gave rise to it is from 1958. A few years later, 1960 was called the “Argentine Motoring Year”, and in the development of those years there were 23 establishment projects for automotive industries in the country. During the following decade, the production and marketing of automobiles expanded like never before in history, and the boom was well supported by this new registration system, facilitating the safeguarding of the economic value of private property, and providing service and legal security to the variety of actors (public or private) who needed, in one way or another, to relate to the automotive industry.
Lawyer and Director of Ámbito Registral Magazine
Source: Ambito
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