How can I lend my car without risk?
I live in Geneva and have a car that's in good condition but quite old. I've just had a great opportunity to buy a new one, which I've also registered in Geneva. I'd like to lend my old car to a relative living in the canton of Vaud for probably a year. Following your last article, I'm wondering whether he'll have to register the vehicle in the canton of Vaud, as he'll be parking it there for a long time? I'm afraid that if the registration is changed, I won't be considered the owner any more...
Inès, Geneva
As explained in the last issue of these columns, the canton in which the vehicle is parked is responsible for issuing driving licences (cartes grises) and control plates (immatriculation plates); "place of parking" generally means the place where the vehicle is parked overnight, in accordance with Article 77 of the Ordinance governing the admission of persons and vehicles to road traffic (OAC).
If your vehicle will be parked for a long period in the canton of Vaud, including overnight, you should contact the competent Vaud authority, the Service des automobiles et de la navigation (SAN), to have a new vehicle registration document and new number plates issued.
With regard to the name of the person who must appear on the driving licence, the SAN will not be interested in the identity of the owner of the vehicle, but rather in that of its keeper. According to art. 78 OAC, the status of keeper is determined on the basis of factual circumstances. In particular, a person is deemed to be the keeper if he or she has actual and lasting power of disposal over the vehicle and uses it or causes it to be used at his or her own expense or in his or her own interest.
Art. 80 OAC stipulates that a person who frequently or permanently transfers their vehicle to a third party may ask the registration authority, using an official electronic form, that a change of keeper requires their consent; the registration authority will record this restriction in the driving licence.
So, whether you decide to retain ownership of your old car or register it in the name of the person to whom you intend to lend it, all you have to do to allay your fears is ask the relevant Vehicle Licensing Office to record that any potential future change of ownership requires your consent. Leasing companies generally do this to ensure that their vehicles are not sold without their knowledge until their claims have been settled in full.
