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Do you need a power of attorney for a car now?

Power of attorney to drive a car 2018

Do you need a power of attorney for a car now?

Good afternoon, dear reader.

Currently, it is a widespread situation when a passenger car is purchased for use by an entire family, and not just for one driver. At the same time, you can register a car only for one person, and all other drivers will need a special document - a power of attorney to drive a car .

In principle, it does not matter who you want to entrust the right to drive the car. These can be close and distant relatives, friends, acquaintances, and just random people. To prevent possible problems with traffic police officers, any of them will need a power of attorney in simple written form.

This article will cover the following questions:

Let's get started.

Do you need a power of attorney to drive a car in 2018?

After the next changes to the traffic rules, which came into force on November 24, 2012, the question “do I need a power of attorney to drive a car?” became relevant for many drivers.

Everything is very simple. Traffic police officers do not have the right to demand a power of attorney from you during a routine check of documents at a stationary post. However, this does not mean that the driver should not have a power of attorney at all. It just doesn't need to be shown.

This issue is discussed in detail in the article “Cancellation of a power of attorney to drive a car.”

What is a power of attorney to drive a vehicle?

In accordance with the Civil Code, a power of attorney is a written authority issued by one person to another person for representation before third parties.

Registration of a power of attorney for the right to drive a car

A power of attorney to drive a car can be issued in simple written form, i.e. if necessary, you can simply write it on a piece of paper that comes to hand. This method is somewhat tedious and requires careful attention to the contents of the document. You should not lose sight of the mandatory points, which will be discussed below.

issue a power of attorney for the right to drive a car in 2018 in other ways. For example, most newsstands offer to purchase a blank power of attorney form from them.

Let's look at the typical content of a car power of attorney. The document must indicate:

  • The person who entrusts the car (passport details).
  • Vehicle data (state registration plate, identification number, engine and body numbers, data from the vehicle passport, data from the vehicle registration certificate).
  • The person who is entrusted with the car (passport details).
  • Information about what actions can be performed with the car (drive, represent the interests of the owner in the traffic police or insurance company, etc.).

Duration of the power of attorney

An important attribute of absolutely any power of attorney is the date of its issue , the absence of which automatically makes the document void. In addition, the document must also contain the signature of the principal.

If the validity period is not specified, then the document is valid for 1 year from the date of its issue. If the validity period is specified, then the power of attorney is valid until the date specified in it. The maximum validity period of a power of attorney is currently unlimited.

A simple written power of attorney issued by the owner of the vehicle does not require notarization.

The ability to issue a power of attorney to drive a car exists not only for the owner of the car, but also for the person using the vehicle under a power of attorney. Those. in practice, a power of attorney can be issued for a power of attorney. But in this case, a notarization of the transaction will be required.

If you want to limit the possibility of using your car by persons unknown to you, then when drawing up a power of attorney, add the following words “without the right of subrogation” to it.

Download power of attorney for the right to drive a car 2018

Since independently drawing up a power of attorney for the right to drive a car is quite a troublesome matter, I suggest you use a special form in which you need to enter information about the owner of the car, about the car itself, as well as about the person who is given the right to use:

To enlarge a picture, simply click on it.

Download the power of attorney form to drive a car

You can also download the 2018 power of attorney as a pdf file here. The document can be filled out electronically or printed and filled out by hand.

Please note that if you wish, you can create your own handwritten document based on the power of attorney form provided here. It will have exactly the same legal force.

Let me remind you that after drawing up a power of attorney, it is necessary to insure the civil liability of the owner of the vehicle within 10 days. After this time, any traffic police officer will be able to impose a fine on the driver for lack of MTPL insurance.

Let me note that you can drive for 10 days without insurance, but in the event of an accident caused by an uninsured driver, you will have to pay for the repair of someone else’s car from your own pocket.

As for the punishment for lack of a power of attorney, it has now been abolished.

So I recommend that you keep an eye on the expiration date of the power of attorney for the right to manage and draw up a new document in a timely manner.

Source: https://pddmaster.ru/avtomobili/doverennost-na-pravo-upravleniya-avtomobilem.html

Do I need a power of attorney for a car?

Power of attorney for a car

Option 2. Carry with you an MTPL policy that contains your details.

If you are not included in the policy, then, according to Article 12.37 of the Administrative Code, administrative liability arises in the form of a fine in the amount of 500 to 800 rubles. and the car is towed to the impound lot.

Not included in the insurance policy - a fine, even if the owner of the car is sitting nearby.

Power of attorney to drive a car: what is it for and how to issue it

In short, when driving a car that you do not own, you still need to have a properly executed power of attorney. So, the answer to the question

unambiguous - needed.

It is quite possible to do it yourself, even on a regular sheet of paper. In it you need to indicate your passport details, the date of compilation, and also sign.

However, this document is often notarized.

Do you need a power of attorney for a car now?

If an inspector stops you, and the driver of the car is not the owner of the vehicle, and the data of such a driver is not included in the OSAGO policy, then according to section 12.37 of the Code of Administrative Violations, a fine of up to 800 rubles is imposed.

Even if the owner is nearby and has authorized the vehicle to be driven, this is clearly a punishable offense.

A car owner can legally transfer his car and the right to drive it to another citizen without being issued a license. This is done when purchasing a car.

Do you need a power of attorney to drive a car?

In this case, driving by proxy is not required. The third-party driver will have to present a power of attorney if this vehicle undergoes a technical inspection.

The same will have to be done when ordering duplicate numbers and when applying for an insurance policy. It is worth noting that the law does not prohibit passing a technical inspection, issuing a diagnostic card, as well as a compulsory motor liability insurance policy without the participation of the car owner.

Power of attorney to drive a car – when and who needs it?

In other words, a power of attorney to drive a car.

Now, for traffic police officers, confirmation that the owner of the vehicle has entrusted the car to another driver will be a registration certificate and the keys to the car.

In addition, the driver must be included in the car owner's MTPL insurance policy. Thus, many motorists decided that since they excluded from the list of mandatory documents that the driver must have with him and show to the traffic police inspector upon request, it does not need to be completed at all.

If the validity period is not specified, then the document is valid for 1 year from the date of its issue.

If the validity period is specified, then the power of attorney is valid until the date specified in it. There is currently no maximum validity period. The opportunity to issue a license to drive a car exists not only for the owner of the car, but also for the person using the vehicle.

“Here you need a regular handwritten power of attorney; you don’t need to have it certified by a notary,” the traffic police explained to Gazeta.Ru.

— But the power of attorney must set out all the necessary rights: sale, registration, deregistration. The specific rights that are entrusted to the person must be listed.”

To travel to other countries, you will need a power of attorney certified by a notary.

Exceptions will be the countries of the Customs Union - Belarus and Kazakhstan.

But in order to “rescue” the car from the impound lot, it will already be needed. And we must remember this.

Also, you will not be able to do without it when re-registering a car, obtaining duplicate license plates, when purchasing an MTPL policy, and so on.

And if you want to travel abroad in someone else’s car, then you will need a notarized power of attorney, and a special entry must be made in it that allows travel abroad.

Is a power of attorney required for a car in 2018?

According to the norms of civil law, it can be executed by hand on any paper medium in any form.

This method is also attractive because you can write a power of attorney at any convenient time. However, writing out a power of attorney by hand is quite a tedious task, which will require increased attention and accuracy from the drafter. It can be easy to overlook very important points.

Do I need a power of attorney for a car and how to properly draw up the document?

If there is no expiration date, the power of attorney is valid for one year from the date of issue.

  1. about what actions the attorney can perform.
  2. about the car (identification number, state registration plate, body and engine numbers, registration certificate data, information from the vehicle passport);
  3. about the principal (passport data);
  4. about the attorney (passport details);

In some cases, it is advisable to issue a notarized power of attorney.

Source: http://vash-yurist102.ru/nuzhna-li-na-mashinu-doverennost-78892/

Do I need a power of attorney to drive a car in 2018 for individuals? and legal persons

Your family has purchased a car and all its adult members now want to use it for their own transportation. In principle, you don’t feel sorry for your “iron horse” and you are ready to let your loved ones ride it. Of course, such a situation is quite possible.

But before you put your relative or any other person behind the wheel, you need to issue a power of attorney for another person to drive your car.

Since the car is registered in your name, the only possible owner, all other interested drivers will need this special document in order to avoid possible problems with the traffic police.

In this article, we will look at all the nuances of issuing a power of attorney to drive a car, and will also provide a document form that you will need to fill out to resolve this issue.

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Do you need a power of attorney for a car in 2018?

The following amendments to the traffic rules have come into force. Now traffic police officers do not have the authority to ask you for a power of attorney during a standard document check at their post. All you need to do is present the vehicle title and be included in the MTPL policy.

And this means that you should not have this document at all. You just don't have to show it. And if the car belongs to a legal entity, then there must be a waybill. Alternatively, there must be a power of attorney at least for driving a vehicle from the organization.

The Civil Code defines a power of attorney as a document drawn up in writing. It is issued by one person to another person for presentation to third parties.

A notarized power of attorney will be required when traveling abroad or providing interests during registration actions or picking it up from the impound lot.

To obtain a diagnostic card in 2018, they will also require a power of attorney from the owner of the car to undergo maintenance.

To travel abroad you will need a notarized power of attorney.

In the document you must indicate the following information:

  • Passport details of the person who trusts the car;
  • Passport details of the person who is entrusted with the car;
  • Vehicle data (PTS data, data from the vehicle registration certificate, body number, engine number, state registration plate).
  • Information about what actions the car can be subjected to (control, etc.)

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Validity period

When registering, be sure to indicate the date of issue of the document and sign, since the absence of this data makes the certificate weightless.

If you still do not put a date, the document will be valid for another year from the date of its issue. If the date has been specified, then the power of attorney will be valid until the period that was indicated. You should know that the maximum period of this document is three years , and at the end of the period, it becomes invalid.

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Power of attorney to drive a car that you had before

To make it easier, we offer to print out a form for you to fill out. You can enter all the necessary data either manually or on the computer.

If it is more convenient for you to draw up a power of attorney form based on the sample, we provide you with the following screenshot.

Please note that if you wish, you can draw up the document yourself by hand, based on the above form. It will also have legal force. For example,

On this issue, you can also watch the following videos.

Video:

Video: Power of attorney: new rules

Source: http://Driving24.ru/doverennost-na-upravlenie-avtomobilem/

Do you need a power of attorney for a car now or not?

Previously, in order to use a car without owning it, you needed a power of attorney, and it made no difference that the car belonged to a family member. When checking documents, a power of attorney had to be presented.

But several years ago, many drivers were delighted to hear information that now a power of attorney to use a car is no longer needed. The main thing is to be included in the MTPL policy and there will be no claims from the traffic police during the document check. But is this really so, and a power of attorney for a car is completely unnecessary.

If we consider the situation when a wife takes her husband’s car for a trip on her business, then in this case, indeed, no power of attorney for the car is needed. It is enough to be included in the insurance. But there are situations when a power of attorney may still be needed . There are still cases when it is necessary. But first things first.

In what cases is a power of attorney required?

If you decide to give your car for repair to a private car repair shop, then it is unlikely that the technician will be asked to present a document certifying that you have the right to dispose of it in this way. But if you come to a large car service center or bring your car under warranty for repairs, then a power of attorney for the car will be necessary.

Those people who will accept the car for repairs must be sure that this particular person has the right to such actions. True, in this case, the usual, handwritten version, written before leaving home, is suitable.

In the document, as before, it is necessary to indicate the passport details of the owner of the car and the person who is entrusted to manage the vehicle, and it is also necessary to write down the list of actions that the authorized person is allowed to perform with the car.

But if you need to register a car, undergo a technical inspection or pick up a car from a parking lot, then a power of attorney needs to be formalized by a notary. For such serious situations, an ordinary power of attorney, which is written hastily before departure, will not work.

And even if no one at the State Traffic Inspectorate demands your stamp from a notary, they will take the text of the power of attorney very seriously. And one legally illiterate written word will not make it possible to perform all the necessary actions. Therefore, it is easier to pay money at a notary office than to spend a lot of time rewriting a document.

Thus, it is impossible to give an unambiguous answer to the question of whether a power of attorney for a car is now needed.

It was excluded from the list of documents that must be presented to traffic police officers, but there are still many situations where it cannot be avoided.

And it will be better if this document is drawn up by a person who is at least a little familiar with the legal principles, and even better if it turns out to be a notary.

Source: http://menspassion.ru/nuzhna-li-sejchas-doverennost-na-mashinu-ili-net/

Do I need a power of attorney for a car and how to properly draw up the document?

Today, traffic police officers have ceased to be interested in documents confirming the driver’s right to drive a vehicle.

In this regard, many car enthusiasts have a logical question: is a power of attorney needed for a car in Russia or can it be considered a relic of the past?

To understand all this, you need to familiarize yourself with the documents that regulate this issue.

Do you need a power of attorney to drive a car?

Let's figure out whether it's possible to travel without a power of attorney. In 2012, some changes were made to the traffic rules. Thanks to these amendments, traffic police officers can no longer demand documents confirming a person’s right to use and own a car. These documents include a purchase and sale agreement, a vehicle passport and, of course, a power of attorney.

The fact that a power of attorney is not needed during a routine document verification does not mean that it is not needed at all.

So, for example, without a document it will not be possible to:

  • obtain a duplicate of your car passport or license plate;
  • pick up the car from the impound lot;
  • remove the car from registration;
  • pass a technical inspection;
  • take out an insurance policy.

Thus, there is no clear answer to the question “Do I need a power of attorney to drive a car?” does not exist. It all depends on the specific circumstances.

So, when transferring a car for use for a few days, there is no need to draw up a document. However, when transferring a car for a long period of time, you still need to issue a power of attorney.

Why is a power of attorney issued and its validity period?

It is drawn up so that the attorney can perform a number of actions:

  • register the car with the traffic police;
  • take out an insurance policy and receive compensation when an insured event occurs;
  • carry out customs clearance of the car and pay duties;
  • transport a car from one city to another;
  • undergo technical inspection;
  • make duplicates of license plates and vehicle passports;
  • pick up a car from an impound lot;
  • travel abroad in the absence of the owner of the vehicle;
  • participate in court proceedings on issues related to the car (for example, in the case of an accident).

In other words, the attorney has the right to dispose of the car at his own discretion (within the framework of the power of attorney and the conditions specified in it).

An important component of any power of attorney is the date of issue. In the absence of such a document is considered invalid. Typically, a document is issued for a specific period. In this case, it is valid for the period specified in it. If there is no expiration date, the power of attorney is valid for one year from the date of issue.

Today, the validity period of the document can be up to three years. Exceeding this period makes the power of attorney invalid.

What do you need to drive someone else's car?

To drive a car that belongs to another person, you must have the following documents with you:

  • driver's license;
  • registration certificate;
  • OSAGO insurance policy.

In this case, the insurance contract can be concluded in any way: without restricting the persons allowed to drive, or with the condition of driving by drivers specified by the policyholder.

Separately, it is worth considering the issue when the attorney plans to use the car to travel abroad.

In this case, you won’t be able to get by with a regular power of attorney - you will need a notarized document that will state the attorney’s right to leave the country.

How to draw up a document

Power of attorney form to drive a car

You can issue a power of attorney yourself, without going to a notary. To do this, you can use a blank sheet of paper, a ready-made form found on the Internet, or a purchased form.

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In any case, the document must contain information:

  • about the principal (passport data);
  • about the attorney (passport details);
  • about the car (identification number, state registration plate, body and engine numbers, registration certificate data, information from the vehicle passport);
  • about what actions the attorney can perform.

In some cases, it is advisable to issue a notarized power of attorney. So, for example, a general power of attorney gives the attorney the right to sell a car without the participation of the owner, to undergo technical inspection, obtain license plates, register with the traffic police, etc.

It is considered that a notarized and handwritten power of attorney has the same legal force. However, in practice certain difficulties may arise. Thus, the holder of a handwritten version of the document is unlikely to be able to deregister the vehicle if necessary.

In the event that an attorney decides to transfer the right to drive a car to someone else, this will be recognized as a transfer of trust. Performing such actions is possible only with the consent of the owner (this must be indicated in the issued power of attorney, certified by a notary).

Thus, a power of attorney for a car will be needed if the attorney will use the car for a more or less long period of time. When transferring a vehicle for several days, you can do without this document. The only thing is that if the attorney gets into an accident, he will have to compensate for the damage caused from his own pocket.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow, St. Petersburg or ask a lawyer a question using the feedback form below.

Source: http://lawyer-guide.ru/administrativnoe-pravo/oformlenie-dokumentov/nuzhna-li-doverennost-na-mashinu.html

Do you need a power of attorney to drive a car in 2018?

Today, a car is very often purchased not only for a specific car owner, but also for use by the whole family, and according to the law, it can be registered only for one owner, and until recently the rest had to use a power of attorney. At the same time, no particular importance was attached to who exactly was given the right to drive a car - relatives, friends or unfamiliar people.

In the present tense, it has almost lost its power, but in certain situations it is necessary. Presentation of such a document to State Traffic Inspectorate employees is now also optional, although it is often taken with them by those drivers who are not the owners of the car.

When does she need a power of attorney?

When understanding the question of whether a power of attorney is needed for a car, it is important to understand why a document of this type is issued.

Every car owner has the right to legally entrust his vehicle and the right to drive it to other drivers, without issuing a power of attorney. This option is also possible when buying a car, when after paying the cost of the car, the buyer is given a vehicle and a concluded contract.

The buyer has 10 days from the date of the transaction (the date of conclusion of the contract) to issue compulsory motor liability insurance and go through the re-registration procedure. If during this time period the driver is stopped by an employee of the State Traffic Inspectorate, then the driver can only be presented with a license, a purchase and sale agreement, as well as an STS. In this case, driving by proxy is not required.

If we talk about situations where this document is simply necessary, then it is worth mentioning the use of vehicles as your own movable property.

It is worth noting that the law does not prohibit passing a technical inspection, issuing a diagnostic card, as well as a compulsory motor liability insurance policy without the participation of the car owner. In this case, a written power of attorney is required, which is not subject to mandatory registration in a notary’s office.

This type of document can also be used in the case when you need to return the car after it has been picked up by a tow truck, since the manager at the impound lot may refuse to hand over the vehicle because he does not have the authority to dispose of the property without the owner’s permission.

Legislative aspects of drawing up a power of attorney in 2018

Most drivers are already familiar with Government Decree No. 1156 of 2012, which regulates the issue of its registration.

At the same time, you should be aware that without this paper it is impossible to pick up the car from the impound lot, as well as obtain duplicates of the PTS and license plates. Without the necessary permission, you will also not be able to enter into the compulsory motor liability insurance or undergo maintenance.

The issued document will not require certification at a notary office and can be simply drawn up in writing. The paper must be certified by the personal signature of the owner of the vehicle, and it must contain the following information:

  • Information about when and where the document was issued. At the same time, you need to know that without this information it is not considered valid and does not give any rights;
  • Passport details of both the authorized person and the principal, as well as information about their place of residence and dates of birth;
  • Full information about the vehicle, its make, information about when the vehicle was produced, its engine, body and chassis numbers, as well as identification number and PTS information;
  • A list indicating the driver’s powers (driving a vehicle, undergoing maintenance, obtaining license plates, etc.);
  • The period during which the paper will be valid. There is no legally established minimum or maximum - you can enter any desired value. If the period is not indicated on the document, then by law it will be valid for one year;
  • Information about whether a trusted person can entrust the car. This means the right to transfer rights under the document to other persons. If such a right is not directly indicated in the document, then it is considered that the trustee does not have it.

Another important point is that when driving outside the Russian Federation, a simple power of attorney will not work. In this case, it is necessary to draw up a notarized document certifying the driver’s right to travel abroad. In this case, if the document does not specify a specific period of its validity, then it remains in force until such right is canceled by the principal.

Let's sum it up

So, do you need a power of attorney for a car? When operating someone else's car, the driver may not have a trust document in his hands. Driving by proxy may be necessary only in exceptional cases - when passing a technical inspection, obtaining a compulsory insurance policy, to be able to pick up vehicles from the impound area, etc.

This document is mainly used when treating a car as property. When filling out a document, you need to pay close attention to the completeness of the information provided, since in some cases, when important information is missing from the document, it will be considered invalid.

Video about the cancellation of this document:

Source: https://pdd-helper.ru/nuzhna-li-doverennost-dlya-ezdy-na-avtomobile/

We are driving someone else's car. Do you need a power of attorney for a car?

A general power of attorney for a car is used when it is necessary to transfer a wide range of powers.

With the help of such a power of attorney, the vehicle is transferred to the control of other persons.

If you want to buy or sell a car, you can also enter into a purchase and sale agreement by proxy to avoid any risks.

In this article we will look at why you need a power of attorney for a car and everything related to it.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7. It's fast and!

Why do you need a power of attorney for a car?

The main purpose of such a document is to obtain permission from the owner to drive his vehicle.

The power of attorney gives full rights to drive a car within the country. If there is a need to leave its boundaries, this can only be done with the owner of the car or by re-registering it to the owner with permission.

Taking into account legislative acts, a power of attorney is usually called a written certificate confirming the transfer of powers to another person. Such a document plays an important role in the life of every car owner, since it is not always possible to visit authorities and fulfill all the assigned requirements.

All registration and legal operations that are carried out with a car are impossible without obtaining permission. Especially if they are not carried out by the owner. Nowadays it is not necessary to have insurance, registration and deregistration, sale and technical inspection in order to receive such a document.

Permission for a legal entity or individual can be written by hand. The main thing that should be in this document is a list of powers that are transferred to another person.

The first article of the law on compulsory motor liability insurance states that the owner of the car or the person who legally owns it can draw up an insurance contract. The vehicle owner's surname is always indicated in the registration certificate. But if the car is not insured in his name, then the temporary owner, by proxy, must receive compulsory motor liability insurance within 10 days after the document is issued.

Lack of insurance may be grounds for imposing an administrative fine. The exception is 10 days after the document is issued, during which you can drive without an insurance policy.

But here it is worth noting that in the event of an accident due to the fault of the new owner, he will have to pay a penalty to the injured person at his own expense. A permit for individuals and legal entities is also needed because it can be used to pick up a car from an impound lot.

When is it required?

The concept of a power of attorney for a car is gradually becoming a thing of the past. In the West, in order to drive a car, you need to have a registration certificate and a license. But in Russia you cannot do without a power of attorney in some situations.

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In 2012, changes were made to the traffic rules, according to which drivers are not required to present a power of attorney to a traffic police officer. But many drivers who do not own cars carry a permit with them.

Nowadays, in order to drive someone else’s car, it is not necessary to have a power of attorney when the inspector carries out a standard check.

The inspector does not have the right to demand a vehicle ownership document, but this does not mean that it is not needed.

Without a power of attorney, it is impossible to perform the following operations:

  1. Picking up a car from the impound area.
  2. Passing maintenance.
  3. Creating a duplicate number.
  4. Registration of insurance.
  5. Obtaining a technical passport.
  6. Deregistration of a car.

When driving a car that does not belong to you, you should definitely obtain a permit certified by a notary. In most cases, such a document will save you from many problems.

Many drivers are wondering whether they now need a power of attorney to drive a car or not and whether it is worth carrying this document with them.

Currently, there is a list of documents that every driver must have with him:

  • a driver's license of a certain category (it can be replaced by a temporary permit to drive a car).
  • Papers for registration (if the driver is transporting a trailer, documents must also be attached to it).
  • OSAGO policy.
  • License to transport large cargo or people.

The required documents do not include a car permit. That is why the inspector does not have the right to demand it on the road. He can check the registration certificate, driver's license, as well as compulsory motor liability insurance.

A power of attorney document for a car is not protection against theft. In practice, a power of attorney does not protect against fraudsters at all. Thus, each criminal can create his own handwritten power of attorney and have it certified by a notary.

It is impossible to verify the authenticity of the document at the traffic police post.

A waybill is both an important and useless document for many drivers. Vehicle owners who maintain them with their own money do not have to worry about such paper.

But those who operate cars registered to a legal entity do not allocate money for car repairs, which completely changes the situation - they must have a waybill with them.

Not so long ago, such documents had to be issued by those drivers who have cars purchased by the company for which they work. The same rule applied to rental cars.

The correctness of the contract plays an important role, since this was monitored by employees of government agencies.

A power of attorney issued by a legal entity can replace a waybill for a car. This indicates that the document contains the details of the principal, or the seal and signature of the boss are missing.

Such a permit may contain 4 sections:

  1. information about the owner of the car (legal entity).
  2. Information about the individual to whom the power of attorney is issued.
  3. Validity period of the document.
  4. Company signature and printable area.

Conclusion

In conclusion, it is worth noting that a permit for a car or truck is required in some cases, and not in others.

But in order to avoid getting into an unpleasant situation on the road, it is worth having with you the maximum package of documents for traffic police inspectors.

Source: http://moepravo.guru/dokumenty/doverennosti-i-iskovye-zayavleniya/na-avtomobil/nuzhna-li.html

Do I need a power of attorney to drive a car - handwritten and general?

A power of attorney to drive a car is a documented permission of the car owner to drive his vehicle.

Let us immediately note that thanks to recent changes in traffic rules, the presence of such a power of attorney for the driver of someone else’s vehicle has become optional.

However, you should be aware that this type of document has not been completely abolished and in some situations still remains necessary.

Types of power of attorney

Before delving into the issue, it is necessary to define the term “power of attorney for a car.”

A power of attorney to drive a car is a special written authority that is issued by the principal, another authorized person, for representation before third parties. The preparation of this document is regulated by the Civil Code of the Russian Federation.

A power of attorney with the right to drive a vehicle is usually presented in two types:

  1. Handwritten , drawn up on an ordinary piece of paper, on which the car owner gives permission to drive his vehicle.
  2. Notarial (general), in the form of a special completed form, certified by a notary and bearing a stamp of the established form.

Cancellation of power of attorney

The previous amendment to the traffic rules came into force on November 24, 2012.

According to the newly approved rules, a traffic police officer, when performing a standard check of documents of a driver or a stopped vehicle, cannot require the mandatory presentation of a power of attorney to drive a vehicle.

But still, in some cases it is recommended to have this document with you and there are good reasons for this.

Cases of possible use of a handwritten power of attorney for a car:

  • Registration or deregistration of a vehicle by a person who is not the owner of the vehicle.
  • Passing a full or partial technical inspection by a person who is not the owner of the vehicle.
  • Return of a vehicle from an impound lot by a person who is not its owner.
  • Sale of a motor vehicle by a person who is not its owner. To conclude a purchase and sale agreement, the text of the power of attorney must indicate the right of the authorized person to carry out such a transaction.

Scope of application of a notarized power of attorney:

  • This type of power of attorney is required when traveling abroad in a trusted car. This rule does not apply to the countries of the customs union, so you can freely travel to Kazakhstan or the Republic of Belarus without having a notarized document with you.
  • Also, a general power of attorney will be needed to issue an MTPL policy and receive insurance payments in the absence of the owner of the vehicle. The issue of the need for a power of attorney arises especially acutely in the event of an accident, since it is necessary to submit documents to the insurance company as soon as possible, namely, within 5 working days from the moment the insured event occurs.

Watch the video presented, which explains in an accessible form the issue of the need to have a power of attorney for a car.

List of documents required to drive someone else's vehicle

To avoid questions from law enforcement agencies, when setting off in a car that you do not own, you must have a number of documents with you:

  1. A driver's license of the appropriate category.
  2. OSAGO insurance policy . The driver either fits into the current policy, or the policy is concluded without limiting the circle of persons driving the vehicle. Liability for failure to fulfill insurance obligations is established by Article 12.37 of the Administrative Code in the form of a fine in the amount of 500 rubles.
  3. Vehicle registration certificate (CTC).
  4. Technical passport of the vehicle (PTS).
  5. Citizen's passport.

It is worth paying special attention to the last point.

If you are stopped by a traffic police inspector for an offense, to draw up a protocol you will need information about the registration of the violator, which is not contained in any of the first four documents.

If there is a power of attorney, the passport details of the person for whose temporary use the vehicle is transferred can be determined from this document.

Based on Article 27.1. Part 1 of the Code of Administrative Offenses, an authorized person has the right to apply a number of measures before executing proceedings on an administrative offense:

  • detention of the offender;
  • removal from driving a vehicle;
  • vehicle detention.

Having a complete set of documents will save you from tedious time spent in the company of traffic police officers who are forced to establish your identity and ownership of the vehicle.

Risks

Today, thanks to automatic photo and video recording, responsibility for violating traffic rules falls on the owner of the vehicle, and not on the person who was actually driving the car at the time the offense was committed.

To appeal the decision and prove your innocence will be possible if you have a valid power of attorney issued to the guilty person to drive a car or an MTPL policy with information about the offender entered into it.

From the moment you receive a power of attorney to drive a vehicle, all fines associated with traffic violations come to the person for whose use the car was issued.

Since now only he is responsible for his actions committed on this vehicle.

You can check the presence of traffic police fines online using the vehicle’s license plate number; to do this, read the following instructions.

You can find out in more detail about the possibility of challenging traffic police fines by calling our lawyers.

Results

In conclusion, I would like to once again draw attention to the main key points of the article:

  • Without a power of attorney, you can only drive someone else's car.
  • When making any legal transactions, this document is still indispensable.
  • Without a regular handwritten power of attorney, in the absence of the owner of the vehicle, you will not be able to pick up the car from the impound lot.
  • A general (notarized) power of attorney is required to travel outside the country and represent the owner’s interests in the insurance company.

Based on the above, it is worth saying that a power of attorney is perhaps the most “unofficial” document that does not have a clear form of completion, and in many cases does not require certification by a notary.

Despite this, the issue of drawing up this type of document must be approached as responsibly as possible, so that in the event of unforeseen situations, such as evacuation of a car or an accident, it is possible to eliminate the consequences as soon as possible.

If you have any questions about registering or revoking a power of attorney for your car, please consult a lawyer. Our specialists will help you correctly draw up the required documentation.

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Source: http://avtouristsovet.ru/dokumenti-na-avtomobil/doverennost/zachem-nuzhna.html

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