The main purpose of issuing a power of attorney for a car is to give the driver the right to drive a car registered to another person . However, the presence of the prefix “general” to the main term means that this document allows more than just the opportunity to get behind the wheel of someone else’s vehicle, i.e. the owner of the document has a greater scope of rights and powers compared to a regular power of attorney.
Thanks to this material, you will learn what a general power of attorney provides in addition to the right to manage. Also here you can get acquainted with the price range for the services of a lawyer, a document that will need to be filled out and then certified by a notary. The article provides a list of required documents and indicates the validity period of this document.
What is a power of attorney to drive a vehicle?
A power of attorney to drive a vehicle is an official document that transfers to an authorized person the right to drive a car in the absence of the owner of the car.
Since November 24, 2012, there is no longer a need to provide a traffic police officer with a form confirming the right to drive someone else’s car. Now the list of required documents contains only a vehicle registration certificate, a driver’s license and compulsory motor liability insurance.
If the person driving the car is not included in the list of persons insured under MTPL, the fine will be 500 rubles.
Powers of the authorized person under the “general”
The document may indicate any rights transferred by the owner of the vehicle to the actual buyer. Typically, a power of attorney gives the right to:
- to drive the car;
- dispose of it: conclude a lease agreement, sell it to anyone, pledge it to credit organizations, exchange it. If the power of attorney does not have the right to sell, then the order cannot be indicated among the rights;
- act as a representative in government bodies of any kind, in judicial and law enforcement agencies;
- issue a power of attorney for other persons at your own discretion (the validity of such “secondary” documents terminates simultaneously with the expiration of the main power of attorney).
The text of the general power of attorney also indicates the right to obtain insurance, pay traffic police fines, transport taxes, and the right to carry out necessary car repairs. In fact, these rights are simultaneously the responsibilities of the new owner of the vehicle. The right to conclude a gift agreement can be indicated in a general power of attorney only if the specific details of the donee (full name, year of birth) are specified. It cannot indicate the right to bequeath a vehicle.
Types of document
There are three types of permits that transfer any rights to a car to another person.
A power of attorney may be one of the following types:
- A one-time payment is issued for a one-time performance of any action, for example, to re-register a car with the traffic police, obtain license plates, etc.
- The special one provides a third party with the rights to perform any specific actions, for example, to issue an annual compulsory motor liability insurance policy, register, etc.
- General grants the third party full rights to perform all actions with the machine.
A one-time or special form can be filled out on a computer or written by hand.
General power of attorney
A general power of attorney for a car with the right to sell gives a third party full rights to dispose of the car, with the exception of the right to draw up a will or a gift agreement for this movable property.
The general document must be certified by a notary.
What does it mean
When completing such a transfer of authority, the car owner must understand that the person he has chosen has the right to perform any actions with this property, including selling it to third parties, without his knowledge.
When notarized, the owner of the car transfers the following rights and powers to a third party:
- drive a vehicle;
- conclude insurance contracts for cars, including MTPL and CASCO;
- receive compensation for damage from insurance;
- car rental, leasing, collateral;
- sell a car;
- register and deregister with the traffic police;
- repair a car;
- make changes to the vehicle registration certificate and vehicle passport;
- receive numbers and their duplicates;
- pay taxes and fines;
- receive documents and certificates related to the car.
When is it usually done?
The question of how to issue a general power of attorney for a car usually arises when the owner, for some reason, cannot independently deal with issues related to the maintenance or sale of the car. In order to shift these powers onto the shoulders of a third party, he can write a power of attorney.
Another case where such a document is often drawn up may be the sale of a car. However, it should be remembered that selling a car by proxy has a number of pitfalls for both the seller and the buyer.
What documents are needed to formalize a power of attorney?
When talking about a power of attorney for a car, you need to take into account that certain documents will be required to formalize it. However, their presence is necessary directly for the general type of trust. Such documents must be presented at the notary's office to draw up the text of the power of attorney.
It is recommended to prepare the entire package of documents in advance so that the entire registration procedure does not take a lot of time either from the witness or from the employees of this office.
The list of required documents includes:
- passport details of the car owner;
- passport details of the attorney (a photocopy of the passport or its correct data is acceptable);
- vehicle registration data;
- passport of the car itself, in other words PTS.
How to do it
The permitting process is quite simple. Since there is a need to certify the fact of transfer of powers by a notary, you only need to contact him with a complete package of documents and pay the cost of the service. The specialist himself will do the rest.
If you want to draw up such a document yourself, you must remember that it must include the following data:
- data of the principal and the selected person;
- car information;
- a complete list of powers of the person to whom the powers are transferred;
- date and place of execution of the power of attorney;
- signature of the principal;
- presence/absence of the right of subrogation.
After drawing up and filling out the transfer of authority form, you must contact a notary to have it certified. He will explain in detail the essence of this action and make sure that the principal acts consciously and voluntarily. Only after this is the document stamped and the permit becomes legally valid.
Required documents
In order to formalize such a transfer of rights to a car, you should prepare a complete package of documents.
It includes:
- principal's passport;
- STS and PTS for cars;
- passport of the selected third party (a copy is possible).
In some cases, the notary has the right to require other documents, but in practice this happens extremely rarely.
The presence of an authorized person when drawing up a power of attorney is not required.
Where can I do it?
You can also arrange the transfer of powers yourself. Find a special form on the Internet, fill it out and print it. However, notarization is mandatory. Without a seal, this document will not have legal force.
Any notary provides the service of issuing a power of attorney for a car with the right to sell. This takes on average 1-3 hours.
Procedure and cost of the procedure
To prepare such a form, you need to contact a notary with a package of documents. After checking all the data and clarifying the details, the specialist will draw up a document, affix a stamp and issue it to the principal. It comes into force immediately after signing.
The cost of a power of attorney for a car varies depending on the region of registration and the chosen notary. The average price is approximately 1000 rubles. Certification of the finished document will cost less, approximately 500 rubles.
Under what permit can I sell a car?
Usually, what is popularly called “general” is used . By such a document we mean one that contains all the powers relating to the ownership, disposal and use of a vehicle:
- manage;
- sell;
- receive money and so on.
But, theoretically, it is enough that the power of attorney contains only powers related to the alienation of the vehicle :
- sign the policy;
- hand over documents to the buyer (which documents are handed over to the buyer, and what remains with the owner, read here).
The text of the power of attorney may not even include the authority to drive a car or receive money. The buyer can pick up the car somewhere in the parking lot, and transfer the money to the owner of the vehicle by depositing it into a bank account.
A general power of attorney is, of course, the best option, because the attorney is not limited in his powers. But you always need to think carefully about who and what to trust :
- the right to sell cannot be transferred to everyone, but only to a reliable person;
- similarly – with the right to receive insurance payments.
Important: the car is often “sold” to dealers who cannot register the car in their own name, but have the opportunity to dispose of it.
Validity periods by law
Typically, the default validity period of a power of attorney is 1 year. If necessary, it can be extended to 3 years, or reduced to 6, 3 or 1 month.
There are certain situations when such a document loses its legal force.
This happens under the following circumstances:
- death of the principal or authorized representative;
- recognition by the court of one of the parties as incompetent or missing;
- voluntary refusal of the person to whom the power of attorney was issued from the powers granted to him;
- revocation of power of attorney.
Possible risks for the buyer
You should approach checking the past history of the car you are buying with special care. It may end up stolen, pawned, or on credit. You can get information about a car on the traffic police website using its VIN code or registration number.
Among the negative aspects it is worth highlighting:
- limited validity period of the document;
- possibility of revoking a power of attorney;
- limited powers;
- the possibility of repossessing the car if the loan is not repaid, there is a court decision, for example, if the second spouse disagrees with the sale.
As you can see, you should only buy a car by proxy from reliable people who you can completely trust.
Underwater rocks
Recently, when selling a car, a purchase and sale agreement is increasingly being concluded, since when selling a car by proxy, there are a number of disadvantages for both the buyer and the seller.
For the principal
A person who has issued a power of attorney for a car may still face unpleasant consequences for this act.
Among them:
- obligation to pay transport tax, since technically he is still the owner of the car. In case of non-payment, additional penalties and fines will be assessed, which will still have to be paid;
- all claims for fines and traffic accidents also fall on the owner’s shoulders.
For a trusted person
For a person purchasing a car by proxy, there are also a number of risks.
Among them:
- the previous owner can revoke it at any time;
- the previous owner can resell, mortgage or transfer the car without the knowledge of the new owner;
- after the death of the previous owner, the car is confiscated and transferred to his heirs;
- after the death of the new owner, the car is also transferred to the previous owner;
- the new owner does not have the opportunity to register the car in his own name;
- If the previous owner has debts, the car may be seized by bailiffs.
How much does a power of attorney cost and for how long is it issued?
How much does it cost to issue a power of attorney?
The average cost of its notarization varies from 400 to 800 rubles; a text drafting service can cost the same amount.
Typically, a general power of attorney is issued for three years, which is the maximum possible period of its validity. After the expiration of the three-year period, it is mandatory to either extend its validity or enter into a purchase and sale agreement. Otherwise, driving a vehicle, and especially its sale, donation, or collateral, will be illegal.
Duration of power of attorney
If the power of attorney is drawn up for a period that exceeds three years , then it is automatically invalid. Any period specified in the power of attorney is interrupted if:
- there is her review;
- the principal or proxy has died, and also if there is a court decision to declare him missing, deceased, or incompetent;
- the authorized person does not want to use the rights granted to him by the power of attorney.
It is possible not to indicate the period during which the drawn up power of attorney will be valid. In this case, by default its term is 1 year .
