To transfer a machine for control, it is not necessary to draw up a power of attorney for a vehicle at a notary public, as it is enough to use a simple written form. Some people do not compile this document at all, since traffic police do not require it from drivers. But nevertheless, it is recommended to always have a power of attorney for the legitimate use of the car.
Document types
A power of attorney for a vehicle can be presented in several forms. These include:
- One-time. It is compiled only to perform any specific action. For example, a power of attorney is often drawn up for registering a vehicle if the direct owner cannot perform this procedure for various reasons. After the process is completed, the trustee loses all his authority in relation to the car.
- On management. A power of attorney for the right to drive a vehicle is drawn up most often. With its help, you can transfer the car to relatives or friends for use. At the same time, the principal remains the owner, who receives traffic fines and receipts for the payment of transport tax. Revoking such a power of attorney is not difficult.
- General. It is usually used when selling a car by proxy. In this case, a power of attorney is drawn up for the vehicle, which not only allows the trustee to drive the car, but also to perform various registration actions in relation to it. If necessary, he can sell the vehicle without the presence of a trustee.
The choice of a specific document depends on the decision of the direct owner of the car, as well as on the goals that must be achieved when transferring the car to another person.
In what cases is made up?
Many people think about whether a power of attorney is needed for a vehicle if the driver is not the owner, but another person. If it is only planned to control the machine, then it is allowed to carry out the process without a power of attorney, but the driver must fit into the insurance policy.
Traffic police officers do not have the right to require the presentation of this document from drivers. But in some situations, a power of attorney for the right to use vehicles is required. Such cases include:
- an authorized person picks up the car from the parking lot;
- re-registration of the machine;
- the owner cannot independently obtain a duplicate of state numbers;
- an OSAGO policy is executed by a proxy;
- It is required to cross the border of the Russian Federation by car, which belongs to another person;
- car rental;
- representation of the interests of the car owner in court or other government agencies.
Depending on each situation, it is determined exactly what information fits into this document. The most common is the power of attorney to use the vehicle. It is made up of relatives or friends who need a car for a certain period of time. According to such a document, you can not only engage in car driving, but also cross the border of the country, as well as repair and service cars.
Compilation rules
In order to generate a power of attorney for a vehicle, the following rules are taken into account:
- can be made in simple writing, therefore, it is advisable to contact a notary only when transferring the right to sell the car by an authorized person;
- although the form is arbitrary, it is necessary to enter into the document some required information provided by the data on the parties to the transaction, as well as information on the immediate machine;
- it is advisable to use samples to prevent any errors;
- if the owner of the car does not want the authorized person to transfer the car to other persons, then it is advisable to indicate that the document is being drawn up without the right of transfer.
Some people in any situation prefer to turn to a notary for certification. Such a service is paid, and it can be paid by both a trusted person and a principal. The owner can be not only a citizen, but also a company. In the latter case, usually a document is drawn up for employees who can use the company car.
What information is entered?
The information in the power of attorney to drive a vehicle depends on what kind of authority is delegated to the trustee. The mandatory information that is included in the documentation includes:
- information about the principal provided by his F. I. O., passport data, date of birth and address of permanent registration;
- information about the vehicle, which is its brand and model, year of issue and information from the TCP and STS;
- data on the authorized representative;
- a list of actions that can be performed by an authorized person;
- date of compilation of documentation;
- validity period;
- principal signature with decryption.
When compiling this document, the principal remains the owner of the machine anyway, so no changes are made to the traffic police database. Therefore, in addition to the text, you can write down the conditions regarding the payment of transport tax and the repayment of fines of the traffic police. The car owner can revoke a power of attorney for a vehicle at any time for various reasons. In this case, the document becomes null and void, therefore the authorized person cannot continue to use the machine for various purposes.
What information is provided about the company?
If a company is a participant in this process, then as much information as possible about the company must be entered into the text of the document. Therefore, the text includes data:
- name of company;
- place of drawing up the power of attorney;
- date of document formation;
- data on the attorney;
- information about the representative of the company.
Most often, companies prefer to use the services of a notary public. Often, companies transfer different cars to control workers. In this case, for each machine a separate power of attorney is drawn up for driving the vehicle.
To prevent various specific situations in the future, it is recommended to specify directly in the text how the car is repaired when a driver gets into an accident, as well as who is repairing in the event of various failures. Most often it is indicated that the possibility of transferring the right to use the machine to others is limited.
A sample power of attorney for a vehicle can be found below.
What rights are transferred?
The owner of the machine independently decides what powers are transferred to another person. If a general power of attorney is drawn up, on the basis of which the car owner receives a certain amount of funds for the car, then such a document is subject to notarization.
The following rights are most often transferred:
- driving a car;
- disposal of the machine, for example, renting it out, transferring it to a third party or pledging;
- tracking the technical condition of the car;
- Representation of the interests of the owner of the car in court or other organizations;
- vehicle insurance;
- payment of taxes and fines.
If the car is not sold by proxy, then the car owner, at his request, can enter any information into the text.
Do I need to contact a notary?
The document is compiled upon transfer to the proxy of the vehicle. The power of attorney for the right of management can be formed in the usual written form, therefore, it is not required to contact a notary. If the right to dispose of the machine is transferred, then it is advisable to use the services of a specialist.
Citizens and companies usually turn to a notary public in the following situations:
- a text is compiled in a foreign language, so a notarized translation is required, since one of the participants is a foreigner;
- extends the validity period of a document;
- a car is taken to another state by an authorized person;
- transfer to another citizen is carried out.
Notary services are paid, and they are usually paid by an authorized person, since it is he who needs the signature and seal of this specialist.
Validity
The standard form of power of attorney for a vehicle does not contain clauses regarding its validity. In this case, it has legal force only for one year. Therefore, the parties to the transaction should independently take care of entering the necessary information into the text.
If a document is being drawn up so that a proxy purchases an OSAGO policy on a car, then only 10 days are given to complete this process. After that, the power of attorney becomes null and void.
Most often, information on the validity period of the document is entered directly into the text. The maximum set for this is three years.
Cost of compilation
If citizens are independently involved in the formation of this document, then they will not have to spend any amount of money on this process. If one of the participants insists on attracting a notary public, you will have to prepare to pay for his services.
If the participants are individuals, then a document is certified for 800 rubles. If a company representative addresses a notary public, the cost of services increases to approximately 1.2 thousand rubles.
If the participants have a well-written document that can only be certified, then the price of the service is about 400 rubles.
How is a document canceled?
The principal has the right to revoke the document at any time. This allows you to protect citizens from scammers. The revocation or suspension of the power of attorney is carried out by the following methods:
- the formation of a new power of attorney, as a result of which the old form is canceled automatically, but the proxy should be notified of the changes, and it is also advisable to request the original document from him;
- if a power of attorney was drawn up by a notary public, then it is advisable to contact this specialist directly to cancel it.
If the attorney refuses to issue a document or draw up a receipt, then this is an illegal action on his part, so it is possible to contact the police with a statement about fraud.
When does a power of attorney automatically become invalid?
There are certain situations in which the power of attorney automatically becomes invalid. These include:
- one party to the transaction dies;
- the company represented by the owner of the car is being liquidated.
Under such conditions, it is not allowed to use a power of attorney to control the machine, since it does not have legal force.
Nuances of sale by proxy
If you use a competent model of a power of attorney to drive a vehicle and sell a car, then you can even sell a car to a third party even without drawing up a DCT. The procedure has many advantages, since it is not required to register a car with a buyer in the traffic police. Additionally, the process does not take much time. The text indicates that the buyer is vested with the right to sell the car without the participation of the car owner.
But the use of such a document has some disadvantages. They include the fact that the trustee still remains the owner, so tax receipts and traffic fines come to him. If he dies, then the power of attorney will lose legal force, so the car will go to the heirs of the citizen. Therefore, this method of selling vehicles is not considered very popular. It is used only with the cooperation of loved ones.
How to sell a car by proxy?
If you still decide to sell the car by proxy, then the following actions are performed:
- initially you need to find a buyer who will be ready to use this method of registration;
- the text of the power of attorney is drawn up, which indicates that the trustee is given not only the right to use the machine, but also to dispose of it at its discretion, therefore, it can be sold to a third party without the presence of the principal;
- the correctly formed document is certified by a notary;
- settlements between two parties to the transaction are made;
- after that, a proxy can sell the car, and a general power of attorney is used as title documents.
When implementing this process, you must definitely use the help of a notary public. He makes information about the transaction in the registry, so if the power of attorney is lost, you can get a copy from a specialist.
Conclusion
The power of attorney on the vehicle can be presented in several forms. On the basis of this document, various rights and powers are transferred to the authorized representative. You can draw up documentation yourself or with the help of a notary.
If necessary, you can even sell the car on the basis of such a document. To do this, you must have to apply for a certificate to a notary public. Such a deal has many drawbacks, but allows you to sell a car quickly and without different bureaucratic delays.