Power of attorney to represent interests at the traffic police, to receive a car from an impound lot, sample, download form

The powers that the document gives
Decor
Document form
How to fill out a document correctly
Execution of an agreement by a legal entity
Registration procedure

Registration and deregistration of a vehicle by proxy raises questions among those who are faced with this for the first time. In order not to waste time, it is important to know how to do this correctly.

Until recently, a notarized power of attorney was required for registration actions with someone else’s vehicle. This year, it is enough to issue a handwritten document with the owner’s signature (Articles 185 - 189 of the Civil Code of the Russian Federation, Chapter 10). The changes also affected the package of documents for carrying out procedural actions with someone else’s vehicle.

The powers that the document gives

Any vehicle receives the right to participate in road traffic only after registering it with the State Traffic Inspectorate . The procedure is carried out by the owner of the vehicle. But in some cases, the owner cannot do this personally for a number of reasons. The law allows accounting actions with vehicles by proxy.

A power of attorney for registering a car with the State Traffic Safety Inspectorate is a confirmation of the transfer of authority to a third party, who receives the opportunity to carry out all registration actions, after which the rights and obligations arise to the owner of the vehicle. The principal and third party can be both physical and legal entities.

Documents confirming the registration of a car (or other vehicle), executed with the participation of an authorized person, are issued in the name of the owner who issued the power of attorney.

Power of attorney to register a car with the State Traffic Safety Inspectorate from a legal entity

As you know, only the manager can represent the interests of the company without a power of attorney. All other employees must have a permit for this. The director of the organization issues an order appointing an employee responsible for registering a vehicle on the company’s balance sheet. After this, a power of attorney is drawn up and signed by the manager.

Required documents

In addition to standard documents, you will also need a certificate confirming the registration of a legal entity, a purchase and sale agreement if the company bought a vehicle. An act of acceptance and transfer will not be superfluous. There are also situations when the machine is not on the balance sheet of the head office, but of a division. In this case, you will need a power of attorney issued to the head of the branch, a corresponding order from the general director, and documentary evidence of the fact that the branch is registered for tax purposes.

Contents of the document

legal address of the company's main office;
company details;
passport details of the company manager;
the order on the basis of which the director takes his position;
information about the attorney, his passport details and position;
delegated powers;
address of a specific traffic police department;
the period during which this document will be valid;
signature of the director of the organization and seal;
date and place of execution of the document.

Sometimes there are situations when the representative tries to perform some additional actions with the car against the will of the principal. To avoid such incidents, the director of the company often additionally indicates restrictions in the power of attorney. Of course, this clause is not mandatory and is prescribed at the request of the principal.

Procedure for registering a vehicle by proxy

We can say that the registration procedure has practically no differences from the actions that are performed personally by the owner. The only difference here is that the representative must present a correctly executed power of attorney.

Nobody forbids having a document notarized. However, this is done at will, and, as already said, it is not necessary. You may encounter a situation where a traffic police officer does not carry out the registration procedure precisely because the power of attorney does not have notarization. You need to understand that these are illegal actions, and the attorney has the right to demand a written explanation of the reason for the refusal. Naturally, such actions can be appealed in court. Although in practice such cases are extremely rare.

In general, the registration procedure should not cause any difficulties. It consists of the following steps

The responsible employee is provided with a request to examine the vehicle;
After a thorough inspection, the inspector points out existing deficiencies. If there are no comments, the driver receives a document confirming that the inspection has been completed;
State duty and other necessary payments are paid;
The collected package of documents is transferred to the employee who is responsible for registration.

In order for a specialist to check the technical condition, the car must be presented for inspection. If there is an old technical passport, it is replaced with a new document. In addition, if desired, you can get new license plates.

Decor

A simple written power of attorney does not give authority to complete a sale and purchase transaction or exchange, or to use a vehicle as collateral.

The document must indicate the passport details of the owner and the intermediary, detailed details of both parties: registration and actual residence addresses, a list of powers granted, signatures.

Information regarding the vehicle must contain:

model name and brand;
body color;
release date;
information about PTS;
license plate;
body and engine numbers.

When filling out, you must indicate the date of the power of attorney and its validity period, which by default is 1 year, and is limited, if necessary, to a maximum period of 3 years. For prompt communication between the MREO specialist and the owner, the latter’s contact number is indicated.

If an MREO specialist refuses to carry out registration procedures, while requiring a notarized power of attorney, you should receive written explanations according to which the authorized person is denied authority.

Contents of the power of attorney

The law does not provide for a unified power of attorney form for car registration. Therefore, the text of the document is compiled in free form.

Mandatory information in it:

date and place of drawing up the document (according to paragraph 1 of Article 186 Part 1 of the Civil Code of the Russian Federation, without specifying a date, a power of attorney is considered void);
data of the principal organization: name, INN, OGRN, legal address, date and place of state registration, position of the person authorized to certify powers of attorney (usually the head of the company), his full name and passport details, the name of the document on the basis of which he acts, and his details (often these are the charter);
position and full name of the person to whom the authority is transferred, and his passport details;
list of delegated powers;
traffic police department, in which the authorized person will represent the interests of the principal organization;
characteristics of the vehicle that is being registered: type, make, model, color, license plates, year of manufacture, PTS details and other necessary data;
validity period (if it is not specified, by default the power of attorney is issued for 1 year, in accordance with clause 1 of Article 186 of the Civil Code of the Russian Federation);
the possibility or impossibility of transferring powers to other persons by way of delegation.

Document form

To avoid mistakes in drawing up a written power of attorney, it is recommended to use online resources and download a ready-made form.

The paper presents the data in the following order:

City and date of document execution.
The details of the two parties are in strict accordance with the passports.
Car data: make, body type, color, etc.
Places of registration and residence of both parties (for enterprises - location).
Delegated powers (a complete list of them) relating directly to the vehicle.
Validity period of the document. Default is 1 year. The period cannot exceed a period of 3 years.
If the principal considers it possible to transfer powers from the intermediary to another entity, he mentions this in a separate paragraph.
Personal signature of the parties to the agreement (or the head of the enterprise and the authorized representative).

Powers of a Trustee

When drawing up a document, you can use two methods: general and private. When forming a general document, you can not describe the rights, but formulate them uniformly. For example: representing the interests of an LLC in an inspection.

Note! The private method involves specifying the powers:

payment of state duty;
obtaining documents, certificates, acts;
changing registration documents;
obtaining license plates for vehicles;
other actions provided for by law.

Notarized power of attorney for representation of interests

Do you need a power of attorney for a passenger trailer? Read here.

How to file a complaint against the decision of the TsAFAP Traffic Police Department of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow, read the link:

Execution of an agreement by a legal entity

Legal actions in the interests of a company without a power of attorney are available only to its director.

Registration of a car purchased by a legal entity can be performed by an individual (company employee) only with a power of attorney. The document is certified by the management of the company with the signature of the director or administrative authorized group.

To transfer rights to an individual, the company’s management issues an appropriate order that regulates the need for these measures.

The power of attorney specifies:

Organization, address and location of the head office.
Organization details.
Passport details of the head of the company.
Reasons (order number and date).
Full name, passport details, position in the company of the authorized person.
List of powers.
Place of registration and other actions (you can specify the exact address and number of the traffic police department).
Restrictions, if any.
The validity period of the power of attorney (by default, legally, it will be 1 year).
Director's signature. The presence of a seal imprint is not a necessary measure.
Place and date of drawing up this paper.

Sample document:

Nuances of drawing up a power of attorney

According to paragraph 1 of Art. 185 of the Civil Code of the Russian Federation, power of attorney to register a car from a legal entity. person is formalized in writing.

The document must be certified by the signature of the head of the company or another person who has the appropriate authority by law or in accordance with the charter (clause 4 of article 185 of the Civil Code of the Russian Federation).

At the moment, the law does not establish a requirement to certify powers of attorney with the seal of the organization and certify them with the signature of the chief accountant.

There is also no need to draw up a document on a legal entity’s letterhead and assign a serial number to it, which simplifies the registration process.

Registration procedure

A power of attorney for the right of registration is not the only document for carrying out relevant activities. In addition, you will need a package of documents to register a vehicle without the participation of the car owner:

Power of attorney.
Russian citizen passport.
A document giving the right of ownership of the vehicle to the owner (purchase and sale agreement, donation agreement, etc.).
Intermediary passport.
OSAGO policy.
PTS and STS.
Receipt or confirmation of payment of state duty.
Application on a special form (filled out at the MREO).

For legal entities you will need the following documents:

Certificate of acceptance and transfer of the vehicle. ().
Registration certificate.
Stamped registration application signed by the intermediary.
For branches of the company, documents are required: an order from the central office, a certificate of registration with the tax authority, regulations on the branch, a power of attorney for the head of the branch and a representative of the traffic police.

To carry out accounting activities, the vehicle must be inspected at a special viewing platform.

If it is not possible to provide the vehicle for inspection on the day of registration, you can present a report to the traffic police from the expert organization that conducted the inspection.
The MREO will need to fill out a number of documents. When registering and carrying out other registration activities by proxy, all documents are filled out by a proxy.

A written power of attorney for registering a car greatly simplifies the registration procedure for both private and legal entities. The availability of online applications allows you to use ready-made sample documents and download forms to fill out.

Let's consider the entire registration algorithm.

Why do you need to register with the traffic police? The owner of the car changes and the personal information of the car owner changes. The registration period is very short; after signing the purchase agreement, it is important to carry out the procedure no later than ten days.

You can contact any law enforcement department with this question, regardless of the place of residence of the owner of the car. You can quickly fill out an application on the Public Services portal; a person registers on the website and fills out the documents. Next, select the date of reception and visit to the institution; this registration option is not as troublesome as in handwritten form.

Common cases of application rejection and registration refusal.

You will be refused if it is revealed that all important documents have been falsified. If the seal and signature, as well as the trust papers, are invalid. If the expert’s assessment of the vehicle is negative, you should also expect a refusal. The vehicle does not comply with all prescribed safety standards and requirements. Law enforcement agencies prohibit registration of the presented vehicles.

Legislative provisions provide for fines for violations of registration deadlines and times. People who have overstayed and evaded the registration process in government agencies will pay a fine of 1,500-2,000 rubles, this is for individuals. The legal entity will have to pay a fine of 5,000-10,000 rubles. You should not delay registering your vehicle with the relevant authorities. In each individual case, the size of the fine is different, it all depends on the situation and other factors. There may be mitigating as well as aggravating ones. If a driver is caught driving a car without registration, not only a fine is possible, but also deprivation of his license. To speed up the procedure, it is important to collect and complete all the necessary papers as soon as possible.

Document drafting options

A power of attorney to register a car is written in free form, but there is information required by the traffic police, without which the paper will not be complete and valid. Detailed information on the accounting object, the principal and the person entrusted to draw up the papers is indicated. The document gives the right to register a car in the MREO traffic police department to a person who is not the owner of the vehicle. It is not necessary to involve a notary when drawing up and signing a document. Of course, notarization of papers implies additional security for ongoing transactions, but the law does not require this. There are cases when traffic police officers ask to certify documents, but such demands are not justified. It is worth asking the employee for a written refusal by proxy without certification and with this refusal write an application addressed to the head of the MREO.

Certification of a power of attorney for 2021 by a notary is required

When registering a car, both a handwritten and printed power of attorney is suitable; there are no restrictions established by law. When writing a power of attorney, include in the document: where the paper was drawn up (city, village, etc.), the time of writing and the term of authority, information about the transferor and recipient of powers, data on the car and the general terms of reference - all this is checked by traffic police officers, namely completeness data gives the right to register to a third party.

Let's look at how the document is filled out in practice, what items and sections are filled out in it. The information will be especially useful for those who write a paper in simple written form.

The procedure for registering a car with the traffic police in 2021

After the owner of the car has changed, he has ten days to register the vehicle. Having collected all the documents and paid the fee, the authorized person must appear at the traffic police department. And it doesn’t matter which time. A package of documents is sent to the reception department. The attorney will then be given a specific time to reappear.

There are situations when, when submitting documents, a traffic police officer requires you to present a power of attorney, which was certified by a notary office. However, you need to know that this is not an important condition. If you carefully study the legislation, you can determine that the principal has the right to decide for himself whether he needs to seek help from a notary, or whether it is enough to draw up a document in simple written form.

In this case, the representative has two options. So, if you don’t mind the time and nerves, you can appeal such a requirement in court. To do this, you must first obtain a written refusal from the traffic police department. Moreover, it should be indicated here that the inspector declared the power of attorney invalid precisely because of the lack of notarization. With this document you can file a statement of claim in court.

( Video : “Procedure for registering a car with the traffic police | Registration”)

Although practice shows that almost no one does this. After all, court proceedings take a lot of time. It is much easier to certify a document at a notary office. Many principals do this right away so that the representative does not encounter such troubles. In addition, there are other reasons why an application may not be accepted. The most common ones include:

not all documents have been collected;
suspicions arose that false documents were provided;
the principal forgot to sign the power of attorney;
some document has expired;
the car does not meet safety standards;
after diagnosis, the specialist gave a negative assessment;
The Ministry of Internal Affairs prohibits registration of this car.

Fines for failure to comply with registration deadlines

As already mentioned, the new owner has a period of ten days to register the car.
As a rule, this time is enough to collect all the documents and complete all the necessary actions. If you violate this deadline, it will be considered evasion of registration. In this case, a fine of 2,000 rubles is provided for individuals. If this is a legal entity, the amount of the fine can reach 10 thousand rubles. Although the amounts indicated are not standard. Each case is considered separately. It is possible that in the presence of mitigating or aggravating circumstances, the amount of the fine will be changed in one direction or another. For example, a mitigating circumstance is a health condition due to which the owner or his representative was unable to register the car on time.

However, paying a fine does not exempt you from registration. If the driver is stopped on the road again, the fine will be increased several times. For example, a private individual will have to pay 8 thousand rubles. It is possible that regular violations may lead to deprivation of rights.

What powers does it give?

A power of attorney for registering a vehicle with the State Traffic Safety Inspectorate from a company regulates the powers granted to the authorized person. They are included in the text in general terms (for example, representing the interests of the company in the traffic police regarding vehicle registration) or are indicated in more detail:

payment of fees established by current legislation;
obtaining vehicle registration numbers;
obtaining a copy of documents confirming the registration of the car;
making adjustments to documentation;
carrying out other actions aimed at fulfilling the order in accordance with the law.

Rules for filling out a power of attorney for the traffic police

Let's consolidate what was said above into a short list. When filling out a power of attorney to register a car with the traffic police, you need to remember:

The power of attorney must be filled out by hand or typewritten, but in any case it must be readable and in Russian.
Information about the parties and the object of the power of attorney is indicated in full.
If the power of attorney does not have a validity period, it is valid for a year.
If there is no date of preparation, the power of attorney is not valid.
It is not necessary to have the document certified by a notary.

Of course, the principal’s signature on the power of attorney must be handwritten for any method of execution.

Who can be an attorney

An attorney is a person who is entrusted with rights. Information about the citizen is written down in the document. The procedure for drawing up a document is similar, but there are a few exceptions. The attorney must be personally present when drawing up the power of attorney. If the authorized person is located on the territory of the state or is unable to represent interests, the power of attorney becomes invalid.

Rights transferred to a company or organization that is not formally registered in the register of legal entities are not valid.

There can be only one principal, and there can be several proxies. In addition, persons can be both individuals and legal entities. There are no prohibitions on issuing a power of attorney by categories of persons. Notarization of such a document is legal and reasonable.

In accordance with Art. 185 of the Civil Code of the Russian Federation, the principal is endowed with equal rights of persons, which is enshrined in the document. However, the exception is the preparation of a document that sets out the general authority to perform the work together.