How to draw up a power of attorney for an individual to drive a car?

In what cases is it required?

According to the decree of the Government of the Russian Federation dated November 12, 2012, as amended to the traffic rules (clause 2.1.1), there is no need to provide a power of attorney to drive someone else’s vehicle to a traffic police officer . To drive a vehicle by a person who is not the owner, it is enough to give him a certificate of registration of the car and be sure to include it in the OSAGO policy.

But there are many situations in which it is necessary to present a power of attorney for a vehicle:

actions for operation, maintenance and repair of cars;
all issues related to insurance;
registration and judicial procedures;
commercial transactions with movable property;
travel abroad.

The preparation of trust documentation is regulated by Article 185-187 of Chapter 10 of the Civil Code of the Russian Federation.

General information

The act of power of attorney for receiving a car has a limited sphere of influence, i.e. used for certain purposes. For example, it can be used in cases where it is necessary to pick up a car from an impound lot or service station. Also, a power of attorney form for receiving a car is drawn up when you need to drive an already purchased vehicle from a car dealership.

Relations between the parties are regulated by the Civil Code of the Russian Federation. The document layout for legal entities and individuals is different. Thus, for companies, the form is drawn up with the right of sub-assignment: the main authorized person - the owner of the company - can delegate powers to one or several employees. As a rule, such a power of attorney for receiving a car is drawn up in the case of renting or leasing a vehicle.

A document written by an individual does not imply the right of subrogation. Regardless of the person who is involved in the registration, it is imperative that the deed be notarized.

Types of document, and what legal powers does it give?

There are three main types of vehicle trust documents:

one-time;
special;
general.

One-time

Represents permission to perform a one-time action with a car . For example, this could be re-registration with the traffic police, driving him away from the impound lot, obtaining license plates, purchasing a compulsory motor liability insurance policy, and others. The document must clearly state the specific actions that are covered by the powers of the trustee.

Special

Grants the attorney the right to perform specific actions with the car on behalf of its owner for a certain period of time. Usually it is issued to order regular maintenance or represent the interests of the car owner in courts or insurance companies.

General

Grants the trustee full rights to dispose of and perform all actions with the vehicle, except for the right to draw up a donation agreement or will for this movable property. The document must be certified by a notary.

A properly executed general power of attorney means the transfer of the following rights and powers to the attorney from the owner of the car:

driving;
concluding car insurance contracts, including MTPL and CASCO;
car rental, collateral, leasing;
sale of a car on behalf of the owner;
registration and deregistration of the traffic police;
receiving compensation from insurance documents;
making changes to vehicle documentation and registration documents;
obtaining numbers and their duplicates;
repair and maintenance;
payment of fines and taxes;
obtaining certificates and other auto-related documents.

The need for registration usually arises in cases where the car owner, for some reason, cannot independently resolve issues related to the maintenance or sale of the vehicle.

All actions under a general power of attorney with an entrusted car can be performed exclusively in favor of the principal and only with third parties.

In what situations do you need and where do you need to present documents to receive

A power of attorney is a special document, according to which part of the powers of the owner of a vehicle is transferred to another person.

A power of attorney for a car is required if the car owner’s representative performs the following actions:

a car purchase and sale agreement is concluded. A power of attorney can be issued both for the sale and purchase of a specific vehicle. Within the scope of the document, the authorized person has the right to sign purchase and sale agreements, deeds of transfer and other documents accompanying the conclusion of the transaction;
registration (re-registration, making changes, etc.) of the car is carried out. A power of attorney is issued for the right to represent the interests of property in the traffic police and allows you to submit applications for registration, re-registration, etc., provide a vehicle for inspection, receive new documents and license plates;
passing a technical inspection. As part of the agreement, the authorized person has the right to provide the car and documents for technical inspection and receive a diagnostic card;
representing the interests of the owner in the insurance company. A power of attorney for a car from an individual to an individual in an insurance company allows you to enter into insurance contracts within the framework of compulsory (MTPL) and voluntary (CASCO) insurance, submit documents to receive insurance payment, resolve controversial issues, receive compensation for damage caused, and so on;
renting a car, leasing a vehicle, recycling, receiving a vehicle from a parking lot, challenging traffic police fines and other significant actions. Find out how much it costs to pick up a car from the impound lot.

Previously, a power of attorney was also required to drive a motor vehicle, but after the introduction of amendments to the Law “On Compulsory Motor Liability Insurance” it is now enough to include the driver in the insurance policy.

The power of attorney can be:

one-time Such a document is issued to perform one action, for example, completing a transaction when purchasing a vehicle
special. The powers of the representative are determined by a separate range of responsibilities, for example, registration of a road accident and receipt of insurance payment
full or general. Such a document allows you to represent the interests of the owner of the vehicle in all instances, including the possibility of selling, donating a car, transferring the vehicle for rent or leasing

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.

Power of attorney form

The power of attorney must be made in writing (clause 1 of article 185 of the Civil Code of the Russian Federation

;
clause 6.1 of the Methodological Recommendations, approved. Letter No. 2668/03-16-3 dated July 22, 2016
(hereinafter referred to as
the Methodological Recommendations
)). For a sample power of attorney, see the end of the publication.

A power of attorney can be executed by a notary, although the legislation of the Russian Federation does not provide for a mandatory notarial form (clause 2, clause 2, article 163 of the Civil Code of the Russian Federation

In this case, you should keep in mind the possibility of making a power of attorney in electronic form. In this case, the person applying for a power of attorney is obliged to sign the document in the presence of a notary with a simple electronic signature (Part 1, 2 of Article 44.2 of the Fundamentals of the Legislation of the Russian Federation on Notaries

;
Part 1, Art. 2 5 of the Federal Law of 04/06/2011 No. 63-FZ
).

Reference.
Powers of attorney equivalent to notarized powers of attorney are equivalent to notarized powers of attorney (clause 2 of Article 185.1 of the Civil Code of the Russian Federation
):
1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the head of such an institution, his deputy for medical affairs, and in their absence, the senior or duty doctor;
2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions where there are no notary offices, also powers of attorney of employees, members of their families and family members of military personnel, which are certified by the commander (chief) of these units, formations, institutions or establishments;
3) powers of attorney of persons in places of deprivation of liberty, which are certified by the head of the corresponding place of deprivation of liberty;
4) powers of attorney of adult capable citizens living in stationary social service organizations, which are certified by the administration of this organization or the head (his deputy) of the relevant social protection body.

Contents and order of compilation

In general, the following information should be included in the trust documentation:

date of issue, without which the document is not valid;
Full name of the principal and his passport details;
data about the vehicle – characteristics of the car (make, model, year of manufacture, color), information from the car’s passport and its registration certificate;
Full name of the authorized person and his passport details;
a list of permitting actions that are transferred to the attorney;
a note about the presence or absence of the right of subrogation (if necessary);
validity period of the paper;
signature of the principal.

In cases of execution of a one-time and special power of attorney, the document is drawn up and signed by the principal and handed over to the authorized person. The General requires certification of the fact of transfer of rights to the car by a notary. In this case, you can draw up a document yourself, and then provide it to a specialist for certification, paying the cost of his services, or you can completely entrust the notary with the preparation of all documentation.

The presence of an attorney when drawing up trust papers is not necessary.

The procedure for drawing up a power of attorney for a vehicle:

determine the type of paper required;
fill out the appropriate form or write it by hand;
check the data with the original documents to avoid errors;
sign and, if necessary, have it certified by a notary;
hand over to a trusted person.

Rights under a general power of attorney for a car

A general power of attorney for registration gives the owner the rights to:

driving;
issuing a compulsory motor liability insurance policy;
personally dispose of the vehicle;
sale or rental;
use as collateral;
registration for third parties;
be the owner’s authorized representative and represent interests in the traffic police;
payment of taxes and fines.

Restrictions for new owners:

cannot be bequeathed;
cannot be given.

However, these restrictions can also be excluded by indicating them in the text itself.

The owner only issues a power of attorney to register the car without the right to sell or buy the car. The document only gives the right to register the vehicle with the traffic police. When using a power of attorney to deregister, this right is necessarily reflected in the text.

Additionally, you will be interested in the article Registration of a power of attorney to drive a car: how much it costs, validity period, form

Special cases of registration

For the use and disposal of a vehicle

A trust document with the right to use and dispose of a vehicle involves its execution in the event of transfer of rights to perform simple actions with the car - taking care of its technical condition, returning from a parking lot, and others. The list of powers is prescribed in the executed paper.

Representing the interests of the owner

A power of attorney with the right to represent the interests of the owner of a vehicle is usually issued when it is necessary to transfer the corresponding powers to another person to interact with an insurance company or other government authorities, due to the inability of the car owner to independently dispose of his car for some reason.

The permissible list of powers for an attorney is determined at the time of drawing up the document by the principal himself.

With the possibility of undergoing vehicle maintenance

A trust document with the right to undergo maintenance may be needed in situations where the vehicle owner is not able to personally present it for maintenance. The paper can indicate all actions with the car, including disposal, maintenance and repairs, or one targeted action limited by a time frame.

If the documentation provides for the right of an authorized person to delegate the powers assigned to him to another person, then it must be certified by a notary.

Power of attorney to receive a car

If for some reason the buyer cannot personally conclude a sales contract, pay for the purchase and personally receive documents for the car, he has the right to entrust these operations to a third party.

Most often, situations requiring the intervention of authorized persons occur when the car is located in another country or remote region. A power of attorney to receive a car must be certified by a notary, otherwise it will not have legal force.

If the purchase and sale agreement has already been signed, the power of attorney only stipulates the receipt of the car. The document must indicate identification information about a specific vehicle. In another situation, when the buyer of the car has not yet decided which car he will buy, a power of attorney must be issued, allowing the attorney to perform all legally significant actions when choosing a car:

concluding a purchase and sale transaction;
obtaining a vehicle passport and registration certificate;
car insurance;
obtaining an insurance policy.

If the car is located outside the Russian Federation, the text of the power of attorney must include the right to represent it at customs authorities, customs clearance, pay fees and duties, receive documents, etc. The principal can indicate that all actions are possible with a car of any brand.

Convenience of selling a car under a general power of attorney

Deregistration of a car and registration includes many procedures:

filling out an inspection form;
execution of a purchase and sale agreement;
passing a technical inspection;
purchasing a compulsory motor liability insurance policy;
payment of state duty and insurance premium.

However, this deal is characterized by a number of nuances:

when selling a car “younger” than three years old, there is no need to pay income tax;
the tax burden also disappears when renting out a car or transferring it for temporary use;
If you decide to give a car to a new owner, you do not need to pay 13% of the cost of the vehicle.

When registering a car, having a document simplifies the procedure, which is a plus.

We invite you to read: I sold the car under the purchase and sale agreement, but taxes and fines continue to arrive

If you have a power of attorney to register a car with the traffic police, the procedure is as follows:

the owner's registration data is entered at the top of the application;
the new owner provides information at the bottom.

The owner of the vehicle is entered into the PTS.

Don’t look for answers to your questions blindly, consult with a qualified lawyer right now, completely free of charge

When selling a car under a general power of attorney, you need to consider several points:

the seller remains the full owner of the car;
the buyer is vested only with those rights specified in the document;
it is impossible to know for sure whether there are unpaid fines or whether the car is wanted, since this data is checked by the traffic police by the legal owner;

When drawing up a power of attorney for an acquisition or sale, it is important that the new owner is included in the MTPL policy. The original remains with the owner, and the new owner has a copy, which can also be notarized.