In our time, it is quite common that the driver drives a vehicle on the basis of a power of attorney. Situations in which the car owner is forced to issue a power of attorney to another person may be different. However, regardless of such reasons, the legislation imposes certain requirements on the power of attorney, non-compliance with which can lead to various negative consequences. Before dwelling on these requirements in more detail, it is necessary to clarify what a power of attorney is.
In accordance with the Civil Code, a power of attorney is an authorization by one person of another person to perform certain actions. When, for some reason, one person cannot or does not want to independently perform legally significant actions (in the case we are considering - driving a car), he can transfer his authority to perform such actions to another person by filling out a power of attorney to drive the car. In essence, a power of attorney is a form through which the performance of certain procedures can be greatly simplified. So, if the owner of the vehicle does not have a driver’s license, he can entrust the management to the person who has such rights using the power of attorney to drive the car.
So, what are the requirements for a power of attorney established by law? First of all, a power of attorney must be issued in writing, as a form of a power of attorney for driving, or through a sample handwritten power of attorney for a car. No other forms are allowed. In other words, it is not possible to issue a power of attorney orally. This requirement of the law is explained by the fact that in a situation with a power of attorney it is necessary to ensure legal protection of persons who enter into legal relations with those to whom the power of attorney is issued.
A very common case is the sale by proxy of cars. Without the power of attorney being written, it is very difficult to determine the legality of the transaction. Another example is damage caused by a traffic accident. Since the car is a means of increased danger, the damage will be compensated by the owner, even if another person was driving, to whom the owner issued a power of attorney. However, the owner may require the person to whom the power of attorney was issued to return the amount of damage to him. In this case, to prove legal relations without writing would be very difficult. That is why the law provides for the mandatory form in accordance with which the power of attorney for driving a car is made. Moreover, if the power of attorney is given in another form, it will be considered void.
The next important requirement for a power of attorney is an indication of the date of issue. To understand why legislation sets such a requirement, it is important to know the following. By law, a power of attorney can be issued for a period not exceeding three years. Moreover, the term must be indicated in the power of attorney, even such as a power of attorney to drive the car. Otherwise, the power of attorney will be valid for only one year. In order to correctly calculate the validity period of a power of attorney, it is necessary to indicate the date of its issue. Without this, it will be impossible to determine how much time has passed since the issuance of the power of attorney, and therefore to determine whether it is valid or not. It is important to remember that if the date of issue is not indicated in the power of attorney, then it will be considered void. Therefore, it is very important to check the inclusion of this field in the sample handwritten power of attorney for the car.
It is worth paying attention to such an important point related to the issuance of a power of attorney, as an indication of the person’s specific powers in it (especially the power of attorney for driving a car). Of course, you can also issue a general power of attorney, providing for the implementation of the broadest list of powers. However, as a rule, the issuance of such a power of attorney is associated with additional risks. Therefore, the power of attorney must provide for specific powers. These may include not only driving, but also the authority to undergo a technical inspection and the like.