A power of attorney to undergo maintenance is required in cases where the car owner cannot, for some reason, personally present the car for inspection or repair . This article will help you understand when a power of attorney is needed only for individuals, and what features a trust document issued on behalf of an organization contains.
Vehicle maintenance is carried out in accordance with the basic provisions of Federal Law No. 179 of July 1, 2011 “On the technical inspection of vehicles...” . The owner of the car must provide his vehicle for inspection. If the owner of the car cannot be personally present during the technical inspection, then his representative must present a power of attorney ( Article 17 ).
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Who is the document issued to?
powers of attorney for maintenance
Such a document is drawn up by a private individual , as well as a company that owns transport.
On behalf of the organization, a power of attorney is issued by the director.
The power of attorney may indicate:
- all actions with the car, including driving, repair, maintenance;
- one targeted action limited in time.
One of the main questions regarding the execution of a power of attorney form is whether the power of attorney needs to be certified by a notary. All situations requiring notarization of a power of attorney are contained in the Civil Code of the Russian Federation (Article 185.1) . The list of such cases is exhaustive, and maintenance is not included in it. Therefore, a power of attorney to undergo a technical inspection can be issued in a simple handwritten form , certified by the personal signature of the car owner.
If a power of attorney provides for the right to delegate the powers assigned to him by a representative of the car owner to another person, then such a trust document must be certified by a notary.
In what cases is it needed?
Within the framework of the law, the motorist is obliged to provide the car for a full technical check. The check is carried out by special accredited stations. The list of items is published on the RSA single portal.
If the owner personally cannot undergo MOT, then according to Federal Law No. 170 of July 1, 2011 “On Technical Inspection”, the representative who provides the car to the point is required to have a power of attorney form for technical inspection from the owner.
Important! In practice, stations accept cars from individuals after paying the state fee and providing a title. As for legal entities, it is mandatory for them to have a power of attorney to undergo a technical inspection.
The law does not require maintenance for new cars that are used for personal purposes. However, it is important to take into account that there is no such law outside the Russian Federation, and if the owner does not decide to go on vacation, a form will also be required to conduct an inspection outside of Russia.
It should be clarified that for some regions the form is not required. In the Republic of Kazakhstan, you can undergo an inspection without permission from the owner.
In accordance with Article 185.1 of the Civil Code of the Russian Federation, mandatory certification of a document by a notary is not required and certification occurs when signed with the personal signature of the owner. If the document is executed by a legal entity, a seal is required.
Registration of a power of attorney
A trust document will have legal force if it contains information:
- title of the document, date and place of its preparation;
- information about the principal-owner of the car and the authorized person: full name, data from the passport, including registration;
- make, VIN, state number, model, year of manufacture of the vehicle;
- information about PTS;
- information about the essence of the delegated powers;
- date of preparation of the document, its validity period (no more than 3 years);
- personal signatures of the principal and representative.
How to undergo maintenance by proxy
The procedure and conditions for undergoing a technical inspection by proxy are no different from an inspection that is carried out with the personal participation of the car owner . To successfully pass the inspection, three conditions must be met:
- Technically sound car.
- A properly executed trust document confirming the right of the representative of the owner of the car to carry out all necessary actions for carrying out maintenance.
- A set of documents required for the technical inspection procedure. These include:
- passport of the authorized person;
- driver's license;
- car registration certificate.
Sample power of attorney for technical inspection
We have already mentioned that both the owner of the car and his representative can undergo a technical inspection.
If a representative will act on behalf of the owner of the car, then his authority must be certified by issuing him a power of attorney in simple written form.
Let's give a brief explanation. According to Russian legislation, to represent the interests of the car owner when undergoing a technical inspection of a car or other vehicle, a simple written power of attorney is issued. For this type of action, a notarized power of attorney is not required. The issued simple power of attorney will be a legal document when passing a technical inspection.
The proposed power of attorney form is designed to perform actions specifically related to driving a car, therefore it does not contain powers for registration, resale or export abroad. All these broad powers related to the disposal of a car will be presented in another article.
From the article you will find out whether a power of attorney is needed to drive a car and for what cases. There is a power of attorney form for driving a car and a sample for filling it out.
A power of attorney is required in the following situations:
A power of attorney is not required specifically to drive a car, but to perform actions that are very closely related to the use of a car, it is very much required. Therefore, a power of attorney to drive a car in 2021 is definitely necessary. At the same time, I will immediately make a reservation that the power of attorney should not only contain powers to manage, but also to carry out related legal formalities.
Therefore, to avoid unforeseen difficulties when using someone else’s car, I recommend downloading a special power of attorney form for driving a car from this page, filling it out and putting it in the car.
The proposed power of attorney form is designed to perform actions specifically related to driving a car, therefore it does not contain powers for registration, resale or export abroad. All these broad powers related to the disposal of a car will be presented in another article.
Sample of filling out a power of attorney from an individual:
Filling rules
The power of attorney is filled out on a regular sheet of paper and does not require notarization. Therefore, it can be composed in one of the following equivalent ways (simple written form):
A power of attorney for a car is in many ways similar to a regular power of attorney, but differs from it in the presence of information about the car. In this article, we will look in more detail at the procedure for filling out only this section, and the remaining sections of the power of attorney can be completed using the detailed instructions contained in the article about the power of attorney from an individual.
Filling out the section with information about the car
To complete this section, you will need a certificate of registration. As a general rule, the power of attorney must contain data about the car in such a volume that it can be clearly understood from them that the right to drive has been granted specifically for this particular car.
Who has the right to apply for service?
The transfer and receipt of a car from the service can also be carried out by proxy with the presentation of the passport of the customer’s representative (car owner) and the vehicle title. When accepting a car for service, employees of the service organization must make sure that the car owner does not object to technical work being carried out on his car .
In this case, the power of attorney specifies the authority to transfer the car for repair, receive it from repair, and carry out other instructions of the car owner. These measures can protect the vehicle from illegal actions that can be carried out by third parties.
Why do you need a power of attorney to hand over your car for service?
For what purposes can a power of attorney be issued for a car service? Most often, we are talking about granting the right to carry out repairs and maintenance of a vehicle not by the owner, but by his authorized representative in the case of cars of organizations and enterprises.
In this case, the driver who drives the car most of the time usually acts as a representative.
Under normal conditions, a power of attorney for a car service can be written in a simple form , without notarization. If the rights are transferred to third parties, you will have to contact a notary.
In a situation involving undergoing a technical inspection, any individual or legal entity authorized to perform such actions by the owner may be designated as an attorney.
IMPORTANT! According to Articles 182, 185 of the Civil Code of the Russian Federation, when a power of attorney is issued, regardless of its form (limited or general), the owner does not lose his rights to own the vehicle.
In this case, the representative who receives by proxy the right to make decisions on the scope and feasibility of work must have a general power of attorney.
In all other cases (delivery, receipt of a vehicle), a special one-time or permanent handwritten paper from the owner will be sufficient.
Power of attorney for car repairs
Power of attorney form for repairs from an individual
The power of attorney form for repairs from an individual, when filled out, must contain the following information:
- Document title, date and place.
- Information about the principal and the authorized representative, their personal signatures at the end of the document.
- Vehicle identification information.
- The content of the authority to repair the machine, including the right to agree on the cost and timing of repair work, and to sign a certificate of completion of work.
Sample power of attorney for maintenance
Twenty-fourth September two thousand nineteen
City of Moscow, Moscow region
I, Semyon Vladimirovich Dmitriev, born on March 12, 1980, passport 1111 111111, issued by the department of the Federal Migration Service of Russia for the Moscow region on March 25, 2000, division code - 111-111, living at the address: Moscow, Yubileinaya street, building 1, apartment 1, owner of a vehicle brand "VAZ-2107", state number A 111 AA 50,
Svyatoslav Gavrilovich Gusev, born on June 16, 1989, passport 2222 222222, issued by the department of the Federal Migration Service of Russia for the Moscow region on July 2, 2009, division code - 222-222, living at the address: Moscow, Pervomaiskaya street, building 2, apartment 2,
represent my interests during a technical inspection of a VAZ-2107 vehicle owned by me, state number A 111 AA 50, identification number 000000000000, for which I grant the right to present, fill out and sign all documents necessary to fulfill this order.
