How to Check Traffic Violations for a Second-hand Car Without Transfer of Ownership?
2 Answers
There are two methods to check traffic violations for a second-hand car without transfer of ownership: 1. You can search for the "Chazheng Tong" official account on WeChat, register, and inquire there. Alternatively, you can directly call 12580 on your phone, provide the license plate number, VIN, and engine number, and you will be informed whether the vehicle has any traffic violations. You can also visit the local traffic management center to inquire. Before transferring the ownership of the vehicle, you must clear all prior traffic violations and bring the payment receipts to the vehicle management office to complete the transfer procedures. If a second-hand car without transfer of ownership commits a traffic violation, the actual owner (i.e., the transferee) will be identified as the subject of liability for damages, while the nominal owner will not be held liable. According to Article 50 of the "Tort Liability Law of the People's Republic of China": If the parties have transferred and delivered the motor vehicle through sale or other means but have not completed the ownership transfer registration, and a traffic accident occurs for which the motor vehicle is at fault, the insurance company shall compensate within the compulsory insurance liability limit. Any insufficient amount shall be borne by the transferee. Explanation on Liability Determination for Motor Vehicles Without Transfer of Ownership: Under the dual criteria for determining the possessor of a motor vehicle—operational control and operational benefit—once the motor vehicle is delivered to the buyer or recipient, both operational control and operational benefit belong to the latter. Although the original owner remains the nominal owner in the registration, they no longer enjoy operational benefits or have operational control over the vehicle. Holding them liable would be unfair. Currently, China's laws and regulations do not explicitly require transfer of ownership registration as the effective condition for the transfer of motor vehicle ownership. Therefore, the transfer of motor vehicle ownership takes effect upon delivery.
I also encountered the situation of not transferring the ownership in time when I bought a used car before. Checking traffic violations is indeed a bit troublesome, since the vehicle license is still under the original owner's name. The safest method is to ask the original owner for help, letting them log into the Traffic Management 12123 APP and bind the license plate to view the violation records. If you can't reach the original owner, you can take the car purchase contract and a copy of the vehicle license to the local vehicle management office window to apply for a query. However, the staff will verify the documents, and you may need to explain the reason. Third-party platforms like Wheel Check Traffic Violations can also be tried by entering the license plate and the last six digits of the engine number, but the accuracy is not guaranteed. Honestly, when buying a used car, it's most convenient to complete the ownership transfer on the spot, otherwise, subsequent vehicle inspections and handling violations will be troublesome.
