Many families now purchase one car, which is subsequently used by several members of this family. You can only register a car for one driver. But in order for others to also use this car, a power of attorney to drive the vehicle is drawn up.
Since 2012, there have been some changes in traffic rules. A traffic police officer does not have the right to demand a power of attorney if he stops a car on the road. But this does not mean that it should not exist at all. The driver must have a compulsory motor liability insurance policy with him, which allows him to own a car (clause 2.1.1 of the Russian Traffic Regulations).
Content
- What is a power of attorney, what rights does it give and for what period is it issued?
- Do you need a power of attorney to drive a car in 2021?
- Why do you need to issue a power of attorney for a car?
- Validity period of a power of attorney for a car
- Sample of filling out a power of attorney
Do I need to have a power of attorney to drive a car in 2021? What are the risks when driving a car by proxy? What are the dangers of transferring your car to another person? We will tell you all about this in the material.
Sample filling
To correctly and error-free enter data into the power of attorney form using the Microsoft Word word processor, please read the example of filling it out.
What is a power of attorney, what rights does it give and for what period is it issued?
A power of attorney is a legal document that gives the right to one person (representative, trustee) to dispose of a car on behalf of another (principal). Both an individual and a legal entity can transfer powers.
The scope of rights of the trustee is determined by the owner of the car. Officially you can allow:
- use a car for personal purposes;
- repair and carry out regular maintenance;
- buy or sell a car;
- receive vehicle license plates;
- register or deregister with the traffic police;
- rent a car or take a taxi;
- distill and undergo customs clearance;
- defend your rights in court after an accident;
- pick up a car from the impound lot;
- entrust the car to a third party.
The transferred powers must be recorded in the power of attorney for driving the vehicle.
The principal himself also retains his rights and obligations. He can:
- revoke the document at any time;
- disagree with the candidacy of a third party to whom the authorized person plans to entrust the car;
- cover the financial costs of the representative (for example, when passing a technical inspection);
- accept documents and funds as part of the document (for example, when buying and selling a car).
The document can be issued to any person: spouse, relative, neighbor, close friend, colleague, employee and even a stranger. You can include one or more people in the document.
The validity period is indicated according to the authority. If you need to solve a one-time problem, for example, picking up a car from an impound lot, you can trust the vehicle for a day. If the representative will perform regular tasks, for example, delivering products, the power of attorney is issued for several years.
It is not necessary to certify a power of attorney. You can insure yourself if you are allowed to travel abroad or if you plan to buy and sell a car.
Also read: Electronic PTS: what is it, how to get it and how to register a car with the traffic police
What documents are needed
A correctly issued power of attorney must contain information about the principal and the authorized person , as well as information about the car , the control of which is allowed to another person. In order to avoid making mistakes, before filling out the paper you should prepare:
- principal's passport;
- passport of the authorized person;
- PTS or vehicle registration certificate.
If the car is registered to a legal entity, information about the principal is filled out in accordance with the company's Charter. The person signing the power of attorney on behalf of the principal company must have the rights to do these actions. When notarized, the right to sign must be confirmed.
Documents for the power of attorney for the car will be required when certifying the paper by a notary. In this case, it is not necessary to have a passport of the authorized person; information is sufficient. Before signing a power of attorney, you must carefully check the information included in the document.
Do you need a power of attorney to drive a car in 2021?
Until November 24, 2012, those who received permission to drive a car were required to have a power of attorney with them. When stopped on the road, inspectors were fined for not having a document. After amendments to the traffic rules in 2012, drivers received the legal right to drive someone else’s car without a power of attorney. The police do not have the right to check the document on the roads and fine you for its absence. The authorized person must present the inspector with a driver's license, vehicle registration certificate and insurance policy.
Do you need a power of attorney for the car then?
Need not. You can add the driver to the MTPL policy or take out open insurance without restrictions. However, without a power of attorney, the driver will not be able to register the car with the traffic police, obtain insurance, undergo a technical inspection, etc. – he can only drive someone else’s car.
Legal entities also do not need to issue a power of attorney to a third party. It is enough to issue unlimited insurance to the driver or add him to the compulsory motor vehicle liability insurance - the list of persons allowed to drive a car. But since a car is a source of increased risk, it is better for legal entities to draw up a document. Using it, the driver will be able to monitor the technical condition of the car himself and promptly go for repairs and inspections.
Also read: How to appeal a traffic police fine from a surveillance camera: precise instructions
If the driver is not included in the OSAGO policy
If the driver is not included in the MTPL policy, the citizen cannot go on the road. The exception is situations where insurance is unlimited. The process of its registration is regulated by the Regulation of the Central Bank of the Russian Federation No. 431-P. Such a policy is more expensive, but allows anyone with a driver’s license of the required category to drive a car.
If the driver is not included in the limited OSAGO, the power of attorney will not help. If a violation is discovered, the person will be held accountable under Article 12.37 of the Code of Administrative Offenses of the Russian Federation. The amount of the monetary penalty will be 500 rubles. If there is no insurance policy for the vehicle at all, the fine will increase to 800 rubles.
Why do you need to issue a power of attorney for a car?
A power of attorney helps vehicle owners avoid unpleasant situations arising through the fault of the representative. For example, if a trusted person is stopped for a traffic violation, a fine will be issued in his name.
But if the car is caught on camera, the car owner will receive a fine. If the owner is able to challenge the fine, the person who was driving will pay.
If a representative gets into an accident and causes damage or harm to the health of the participants in the accident, he will be held accountable before the law. If there is no document, it will be difficult for the owner to prove non-involvement; the trial could last for years.
Also, the principal will have to be responsible for the legal problems of the car purchased by the representative under a power of attorney. For example, if a car is mortgaged and the previous owner does not pay off the debt, the bank will take it away from the current owner. That is, it is not the authorized person who bought the problem car who will be held accountable before the law, but the principal. Therefore, it is important to check the car you are purchasing before the inspection.
Here's an example. Hyundai Santa Fe is for sale in “new vehicle” condition.
We check the car through the avtocod.ru service and see several legal problems at once.
The car is listed as collateral. At the time of verification, there are two agreements with the bank.
There are also three prohibitions on registration actions. Because of them, the authorized person will not transfer the car to the principal. The principal will have to solve problems with restrictions - challenge, terminate the contract or withdraw it independently by paying other people's debts.
Plus, since September 2021, there have been 32 unpaid fines worth almost 19 thousand rubles.
Because of them, bailiffs can again impose restrictions on the car.
When receiving a power of attorney, the driver also bears risks. Within 10 days from the date of transfer of the power of attorney, he must be issued an MTPL policy. If a motor vehicle license is not issued, fines for its absence (800 rubles) will be paid by a trusted person. The principal will also have to restore the car and compensate for damage in the event of an accident at his own expense.
Also read: Renewing a driver’s license in 2021: detailed instructions
How long does it last?
When planning to print out a power of attorney form for a car, you need to remember that the validity period of the document is not limited. However, grounds can be included in the paper as grounds for termination of cooperation between the parties. So, it may be non-compliance with traffic rules, which resulted in a large fine issued in the name of the owner of the vehicle.
If such information is entered, the principal must also indicate the time in which it is necessary to notify the other party to the transaction about the termination of the power of attorney. Usually the procedure is completed in one to two weeks. Additionally, it is worth attributing the features of the implementation of the process of early termination of the document, indicating all the features of the implementation of the preliminary notification procedure.
Validity period of a power of attorney for a car
The trustee, like the principal, has the right to terminate the power of attorney at any time.
You can cancel a document for one of the reasons.
- in the event of the death of one of the parties;
- if the principal violated the conditions specified in the power of attorney;
- if the data of the parties or information about the car has changed;
- if bankruptcy proceedings have been launched against any of the parties;
- if the principal exercised his right (sold the car, registered it, and so on).
The person who revokes the power of attorney must notify the other party. After termination, the authorized representative is obliged to return the document to the principal.
Also read: How to register a motorcycle with the traffic police in 2021
Requirements
The deed of trust for a car can be executed in handwritten form, in simple written form. Another option is to fill out the prepared document form by hand or on the computer.
- One-time and special powers of attorney are drawn up, as a rule, without the participation of a notary and are confirmed by the signature of the principal.
- When registering a general power of attorney, it must be notarized.
It is recommended to prepare several copies of these documents, as they may be needed for submission to various public and private organizations.
Copies of the general power of attorney must be certified by a notary.
powers of attorney
The power of attorney can be written in any form on a regular sheet of paper. There are no clear requirements for its execution; the main thing is to indicate a list of powers, so that later there will be no problems due to discrepancies. A handwritten power of attorney can be issued when transferring rights to register, undergo a technical inspection, or pick up a car from an impound lot.
If the full range of actions with the car is transferred to the authorized person, it is better to fill out a ready-made form.
You can have the document certified by a notary, but this is not necessary - it will be valid anyway if you provide all the necessary data.
Mandatory certification is required only in two cases:
- If the power of attorney is renewed in favor of one more person by the first principal. This is permitted by law. If you do not want the person to whom you transferred the car to entrust it to someone else, this must initially be indicated in the power of attorney: write down the clause “without the right of sub-assignment.”
- If the principal plans to travel abroad. If you plan to cross the border by car, it is better to have the document certified by a notary. This will help avoid problems in another state. Review the power of attorney requirements in your destination country. Some require a power of attorney with a translation into their language.
Also read: I purchased a car at a location other than my place of registration: is it possible to register it there?
Nuances
If you plan to travel abroad, it is recommended to contact the consulate of the country where the person wants to enter in advance and find out whether a power of attorney is required for the car. You can find out the information in the process of preparing a car insurance contract.
Typically, a power of attorney does not need to be translated. Most European countries do not require paper. In order to avoid problems at Russian customs, it is better to provide the PTS and registration certificate along with the power of attorney.
Not only the owner of the car, but also the citizen in whose name the document is issued has the right to issue a power of attorney for a car. The opportunity appears if the car owner has provided the appropriate authority. However, not all citizens want a third party to transfer the car to unknown people. The right can be excluded. To do this, the inscription “without the right of subrogation” is recorded on the document form.
A power of attorney is required when ordering duplicate license plates. A handwritten document is sufficient.
Price
The price depends on the degree of relationship:
- Close relatives – up to 2000 rub.
- Principal of retirement age or disabled - up to 2000 rubles.
- Not related - over 2000 rubles.
- Legal entities pay for these notary services in the amount of 2,500 rubles.
Legal and technical tariffs set by the regional notary chamber are constantly changing, so look for cost information today on the notary services website in your city.
Who can I apply for?
A car power of attorney is issued by the owner of the car to a legally capable person 18 years of age or older: a relative, friend, neighbor, colleague or just an acquaintance.
In practice, there are situations when children become the owners of vehicles after the death of their parents. Driving a car under 18 years of age is prohibited by law. On behalf of the guardian of a minor heir, it is necessary to issue a power of attorney with the right to use a car for an adult relative with a driver’s license.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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The form for a car can be drawn up for an individual, either from an individual or from a legal entity. If a corporate vehicle is driven by a hired driver, a power of attorney is also issued for him. In this case, the owner of the transport and the principal is the organization, and the trustee is the driver.
Preparation of documents for the purchase/sale of a car by power of attorney
Anyone who has decided to buy or sell a car without re-registration, but using a power of attorney, should take into account several nuances of this procedure. You will still need a financial receipt, which should contain information about both parties to the transaction, the subject of payment and its value. With it, you can play it safe and confirm ownership even in the event of unforeseen circumstances.
Carrying out any procedures for buying/selling a car that is not your property requires a general power of attorney for the car with the right to sell. It must be certified by a notary, and only in this case will the opportunity for registration actions be open. Therefore, it is worth finding a few free minutes to correctly complete the procedure.
There are also certain risks for the car owner. He remains subject to the annual obligation to pay taxes and debts, as well as the possibility of coming under suspicion if illegal actions are committed with this car.
Sample legal power of attorney (from a legal entity, organization)
It is drawn up by an organization (enterprise) according to the following sample (see form below).
The following information is required to fill out the document:
- Place, date and period of issue.
- FULL NAME. principal - the position of the person (director) who issued the document, TIN/KPP of the organization (legal address, location).
- FULL NAME. authorized person (employee), place and date of birth, passport details.
- Vehicle registration data (registration number, VIN, numbers: chassis, body, engine, vehicle number, date of issue, color of the car).
- Information about the driver’s actions related to this power of attorney.
Form (simple form of official power of attorney) to fill out
Enter the data and print the document on the printer.
What do you need to remember about MTPL insurance?
A simple form of power of attorney.
If a person has been given a power of attorney to drive a car, then he is obliged to insure his civil liability within ten days in accordance with the Rules of compulsory motor third-party liability insurance. After the specified period, it is considered that the driver does not have MTPL insurance.
According to clause 2.1.1 of the traffic rules, the driver must have the following documents with him: a driver’s license, a car registration certificate or a vehicle registration certificate, an MTPL insurance policy. They must be presented to traffic police officers for inspection upon request.
Violation of this clause of the traffic rules results in administrative liability. According to Part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, a fine of 800 rubles is imposed on the driver who was driving the car and did not have insurance. Until November 15, 2014, for such an offense, the traffic police inspector also removed state license plates from the car. Now you can’t remove license plates from cars, only fines.
If a driver is stopped by a traffic police officer to check documents during the 10 days allocated by law for issuing a compulsory motor liability insurance policy, then a power of attorney must be presented to confirm his innocence. Based on the date the document was issued, the inspector will see that there is no violation.
I would like to note that in the event of an accident, an uninsured driver will have to repair someone else’s car at his own expense.
In the case of driving a car by proxy, the driver is included in his insurance policy by the owner of the vehicle. If the car is intended for use by all family members or other people, then the car owner can include all of them in his insurance policy.
You can also issue an open policy without restrictions, which applies to any driver who drives a car and has documents and keys.
