At the end of 2012, on November 24, thanks to the Decree of the Government of the Russian Federation, the obligation to show the power of attorney for the right to drive the vehicle to the traffic police inspector was abolished, document dated November 16, 2012. No. 1156. Now, any private person using a vehicle is required to have only three documents: driver’s license, mandatory car insurance, certificate of registration of the car.
Traffic police officers motivated the amendments to paragraph 2.1. in the Rules of the Road so that the reduction in the number of required documents is a progressive and correct way to develop the traffic police. Earlier, the driver had to present a power of attorney for the right to drive the vehicle (if he did not own the car) and the GTO coupon for the above-mentioned three types of documents . The management of the traffic police believes that the proof that the owner handed over the vehicle to another person voluntarily is the absence of the vehicle in the Ministry of Internal Affairs database as stolen, the presence of a certificate of registration of the car and car keys.
However, it was not possible to completely get rid of the use of the power of attorney. A handwritten document is needed if you need to pick up an evacuated car from the penalty area and when passing inspection without the owner of the vehicle. Employees of traffic police allow you to use the power of attorney for the right to control the vehicle, completed by hand, when selling the car, removing it from the register, registering.
The question is how to draw up a power of attorney. Creating a handwritten version of a document is easy. You can fill out a special form or just use the standard form. The main thing is to indicate in the power of attorney the date of its preparation, terms of reference, details of the principal and attorney, the signature of the car owner. This document can be prepared not only by the owner, but also by another person.
When traveling abroad, a power of attorney for the right to drive a vehicle must be notarized, with the exception of countries of the Customs Union. In Belarus, it was canceled in the nineties of the last century. To travel to Kazakhstan, a handwritten power of attorney and documents for the car are enough.
In the case of transactions with the vehicle, when the owner of the property is not a competent person or declared absent, it is better to use a trust deed. This will protect the seller, who is not the owner of the car, from legal incidents. The features of this document are described in detail in the Civil Code of the Russian Federation chapter 53.
In trust management, the founder (owner) of the management shall give the vehicle to the trustee . Ownership of the car remains with the owner. The contract takes into account the options for remuneration for using the car, the relationship of the parties, the validity of the document, but not more than 5 years.
The trustee is entitled on his own behalf to carry out any operations with property in the interests of the owner of the vehicle. Therefore, the sale of a car made on the basis of such an agreement will be recognized as valid.