Sometimes the owner of the car requires someone else to drive. And sometimes a car needs to be taken for repair, inspection or even sold, and the owner does not have the opportunity to be present at all these procedures. In order for an unauthorized person to have a legal right to drive someone else's transport and perform certain manipulations with him, you need a power of attorney for the car.
When you draw up a document, you need to consider many aspects, and it is not easy to do it yourself. But still possible.
Changes in the legislation of Russia
Do I need a power of attorney in principle for a car? In the traffic police during registration or inspection, it is required without fail. But for ordinary driving - no. This is due to the release of a new decree of the Government of the Russian Federation, which entered into force on November 2012. According to him, the power of attorney becomes optional, and the traffic police have no right to demand it.
The thing is that most motorists draw up and pay for CTP. And this document reflects all persons who are allowed access to drive this vehicle. If you need to change the list - add or remove a person from it, then just contact your insurance company.
The insurance policy can be issued without specifying a list of additional drivers. In this case, the list of persons entitled to drive a car is not limited. And issuing a power of attorney is again not required.
All this has led to the fact that in recent years there has been a trend of a gradual departure from the practice of the general execution of power of attorneys.
When a power of attorney for a car is needed
It is important to understand that in certain situations you cannot do without a power of attorney for a car. Without the design of this document and the MTPL policy, you can only drive a car. For any other manipulations, the owner will be required. Or you have to issue a power of attorney. It will be needed in the following situations:
- Carrying out inspection.
- Registration of insurance policy (CASCO, CTP).
- Registration of the car in the traffic police.
- Removing a car from the register in the traffic police.
- Pick up the car from the free parking.
- At registration of Title.
- If you need to get duplicate numbers.
- When leaving the car as a deposit.
- When selling vehicles.
Also, a power of attorney for a car is needed when it is necessary to cross the border with another state. The car will be released from the country only with the relevant documents, or if the owner is present, even in the passenger seat.
The status of the owner is also important. If the owner is any organization (legal entity), then it is better for all drivers to issue a power of attorney.
Decor
How to issue a power of attorney for a car? First of all, you need to be guided by the general rules set forth in the Civil Code of the Russian Federation. According to them, the document is drawn up as follows:
- Only in writing. An oral agreement between the owner and the driver is not recognized by the power of attorney.
- In the case when the owner is a minor citizen (legally incompetent, partially legally incompetent), a document is written on his behalf by his representative or guardian.
- When the transport belongs to a legal entity, the document is drawn up on behalf of its general director (or other authorized employee).
When preparing the text of a document, the following nuances must be taken into account:
- The form. Both handwritten and printed text are allowed. But the second is more preferable, since not every person has a clear and well-read handwriting.
- Mindfulness. Inaccuracies, errors, abbreviations, strikethroughs, and blots are not allowed in the text. All this can lead to the fact that the document will not have legal force.
- Parties to the contract. To issue a power of attorney for a car, only the owner of the vehicle is actually needed. Personal presence of the driver is not required - only documents are required for him. Moreover, if there are several drivers, then they can be issued in one document or write an authorization for each individually.
- The legitimacy of the transfer. The document gives the right to write a power of attorney to a third party. If the owner does not want this, then he must indicate in the text that the document is issued without the right of substitution.
- Design features for legal entities. On the power of attorney on the car, whose owner is the company, the organization’s stamps are required.
List of documents
When issuing a power of attorney to control the machine, the following documents will be required:
- Passports of all parties to the contract - the owner (representative, guardian) and drivers.
- When the owner is a legal entity, the charter documents of the organization and TIN are needed.
- Driving license of a person who is entrusted with transport. To transfer the right to drive, you must make sure that the driver has a certificate marked with the appropriate category.
- Certificate of car registration.
- Car Passport (TCP).
Ways of registration
There are three main ways to draw up a document:
- Personally, without the involvement of specialists. This is an economical option, in which all expenses are reduced to one piece of paper. However, when writing a text, ordinary citizens often make mistakes, because of which the document can be recognized as invalid.
- Through a lawyer. The specialist himself will fill in all the necessary columns, accurately and in compliance with all requirements of the law. But for his services you have to pay.
- By contacting a notary public. It will be possible to take the form of the power of attorney from the car from him and fill in all the columns according to the model. Then the notary will verify the correctness of the specified information and certify the paper. You will also have to pay for the service provided.
All three methods are legal. However, in some cases, only a power of attorney certified by a notary will be needed:
- When crossing the state border.
- For all types of transactions - purchase, sale, gift, exchange.
- When the owner in the test reflected the right of transfer.
What should be reflected in the power of attorney
How to write a power of attorney on the car? The text should contain the following information:
- The name of the document is “Power of Attorney for the right to control the vehicle”.
- Place of issue of paper.
- Information about the owner. For an individual - F. I. O., passport details and registration address. For a legal entity - the full name of the company and legal address.
- Personal data of the driver (proxy) - F. I. O. and passport data. If there are several, then the data is needed for each.
- Information about the car - make, color, model, state mark, engine and body part numbers, information from the TCP.
- Next, it is necessary to list all the actions that an authorized person can perform, for example, driving, obtaining a license plate, obtaining an insurance policy, inspection, registration and removal from the traffic police, paying fines, disposing of a car (selling, exchanging, donating), representing the interests of the owner in various instances etc.
- Indicate whether the donor is eligible for reassignment.
- Date of preparation.
- Signature of the owner. If there are several, then the data should be on all owners and all are forced to put a signature.
It should also be remembered that in the case of issuing a power of attorney for a car at a notary for traveling abroad, the document must additionally reflect information on the driver’s foreign passport, permission of the owner to leave the vehicle outside the country. An official translation of the document into the languages of those states that are planned to be visited will also be needed.
Power of Attorney Sample
Single
All types of powers of attorney vary depending on the degree of authority that is reflected in it. If you want to perform any one, single manipulation with a car, then a one-time power of attorney is drawn up. This may be, for example, passing a technical inspection.
The validity of such a document is limited. It is canceled as soon as all the actions reflected in the document are completed.
Special
It reflects a list of actions for the performance of which the proxy has the right. Typically, such a document is drawn up in order to allow drivers to pay fines, pick up cars from the parking lot, register or remove the car from the register. Special powers of attorney are most often issued when the owner of the car is a legal entity.
General
A general power of attorney for a car gives its owner practically unlimited rights. The trustee may perform all manipulations with the vehicle, including selling it, mortgaging it or transferring it to third parties.
Since the general power of attorney practically equates the rights of the driver with the rights of the owner, it is often this document that is drawn up during the sale. This saves you money and time. However, this type of transaction has many negative aspects, both for the buyer and the seller:
- fines will come to the owner;
- power of attorney may be revoked at any time;
- the document expires in the event of the death of the owner.
So when selling a car it is better to conclude a regular transaction, with the renewal of ownership.
When issuing a general power of attorney, there are several nuances:
- The document must be notarized;
- the trustee has all the rights to the car, except the right to leave it by will, since in fact he is not the owner.
Validity period
There are no restrictions on the duration of this document. Although it is widely believed that the power of attorney is valid for one or three years.
In fact, expiration means the principal. If desired, he can indicate 5, 10, 20 years - there is no upper bar. If the expiration date of the power of attorney is not specified in the document, then by law it is valid for one year.
By proxy issued by the right of substitution, you can drive a car no longer than the main one.
Sometimes a document is canceled ahead of schedule. This happens for the following reasons:
- The death of the principal or proxy.
- Liquidation of the organization - the owner of the car.
- Recognition by the court of one of the parties to the contract legally incompetent.
- Refusal of the driver to use the vehicle.
- Revocation of power of attorney at the request of the owner.
The cost of the power of attorney
Self-drafting is free of charge. If the document will be certified by a notary public, you will have to pay a state fee. Its size is fixed:
- For children of the owner, siblings, mom and dad, or spouse (spouse) - 250 rubles.
- For all others - 400 rubles.
- To certify the transfer - 200 rubles.
When preparing an individual document for each driver, the state duty is paid according to the number of people. When issuing a general power of attorney - once.
Services for filling out a power of attorney are different. On average, it is 1.5-2 thousand rubles. General power of attorney and cases of increased complexity are paid according to a separate price list.