At the traffic police
From time to time you have to carry out actions with the car, for the completion of which you need to contact the traffic police. But it’s not always possible to carry them out on your own.
To facilitate the implementation of such actions, powers of attorney are used. In what cases is it permissible to entrust the performance of actions to another person and why do they use powers of attorney in the traffic police, as well as how to formalize them correctly?
For what purposes is the document used?
This type of document is called a power of attorney. Depending on why a person needs it, the following types of powers of attorney are distinguished:
to register a car;- obtaining new state registration numbers and maintaining old ones;
- obtaining originals and duplicates of documents for a specific vehicle (vehicle passport and registration certificate);
- replacing the PTS and making changes to other documents received upon registration of the vehicle;
- payment of fees and duties;
- with the right to undergo maintenance in relation to the vehicle specified in the power of attorney;
- to represent the owner at the insurance company and conclude an insurance contract there on his behalf;
- to obtain a compulsory insurance policy;
- to receive insurance compensation;
- to represent interests in court and in the traffic police investigation team in the event of an accident involving a car;
- to provide the right to participate in examinations;
- to receive transport from a specialized parking lot, if it is located there.
Power of attorney for - registration of a car in - traffic police
- Statement.
- Passport of the authorized person, i.e. the person to whom the power of attorney has been issued.
- Passport of the car owner (from January 1, 2021).
- A document certifying ownership of the vehicle (car purchase and sale agreement, gift agreement, certificate of inheritance, etc.).
- Power of attorney for registration.
- Registration documents (old registration certificate), vehicle passport (PTS), registration plates (existing vehicle license plates).
Sample power of attorney for the traffic police
1. The document can be divided into 4 parts. The first part contains information about the principal, i.e. owner of the vehicle. The second part contains the data of the authorized person, i.e. the person who will register the car. The third part is filled in with the data of the vehicle itself. Well, the fourth contains general information (validity period, date and signature).
Typically, a power of attorney to receive documents is required in cases where the principal, for some reason, cannot independently pick up the papers he needs. This document is presented to almost any institution - both government (tax inspectorates, passport offices, extra-budgetary funds, etc.) and commercial structures (banks, financial institutions, enterprises and organizations). You can issue a power of attorney to receive almost any document, be it certificates, personal papers, registration certificates, etc. Such a power of attorney can be issued by both an individual and a legal entity.
- if you need powers of attorney for several employees, please indicate the details of all authorized representatives in the same letter, paragraph 1
- If you have leased more than 3 units of vehicles, we provide for the issuance of a general power of attorney in the name of the head of the Lessee with the right to delegate control of vehicles.
- If you have concluded a new leasing agreement with our company, then the first power of attorney is issued for a period of 1 month. During this period, we expect you to provide the documents required by the contract. After proper fulfillment of these obligations, you will be issued another power of attorney for six months. Each subsequent power of attorney is for one year.
- If you have already used the services of our company and have not committed any violations in previous transactions, then the first power of attorney is issued for two months, and each subsequent one for a year.
- The issuance of a power of attorney is carried out only upon presentation of a passport and the transfer of original documents of paragraphs 1, 2.
- This procedure has been established to protect your new property from the encroachment of third parties and the actions of fraudsters!
- If you fail to comply with the agreed conditions, the company has the right to refuse your request.
Thank you for contacting Europlan!
If the car was handed over for a few days, then it does not need to be registered. If you plan to use it for a longer period of time, you still need to fill out the paper. A power of attorney is often written by hand, but you can use a prepared form. Both documents have legal force. When the paper is drawn up, the new owner should be included in the insurance.
In this company I changed my car documents, registration certificate and registration certificate. I was introduced to the rules of the procedure during the consultation, registered with the MREO, and the specialists themselves completed all the paperwork. I received the documents quickly. Car owners often ask whether a power of attorney needs to be certified by a notary office? Attention! If we look at the legislation, it will become clear that this is only necessary if the actions of the attorney cause changes to state registers.
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The power of attorney is required in 2 copies; Certificate of registration of the vehicle STS. If you have lost this certificate as well, write a statement to this effect and receive a duplicate; Compulsory MTPL insurance policy. It’s not a fact that you will definitely need it, but it’s better that you have it; State duty.
Refusal to issue a duplicate
If you and your car have temporary registration, then a certificate about this is also required; A document confirming the ownership of a car. For example, this could be a purchase and sale agreement. Here the question may arise - how to restore the PTS without the owner? Nothing complicated, you just need to have a power of attorney, and a general one. In any case, the power of attorney should clearly state that you can freely change the registration data for this car.
The photo is not included in the document. It can be described in a similar way as the act by which a person’s identity is verified. In all regions of the country, vehicles must have the specified act. Otherwise, liability will apply to violators. Without a PTS, purchase and sale is carried out with significant problems.
Who can be a trustee?
There are no strict restrictions regarding determining who can act as executor of an order under a power of attorney. The following categories of persons can be trusted:
legal entities;- individuals.
A group of individuals can also act as a performer.
But the person who acts as a performer already has a number of logically and legally justified requirements:
- The authorized person must have legal capacity. With the legal capacity of an individual, everything is simpler - it arises from the moment of birth and is not limited in any way.
- The performer must be legally capable. Legal capacity may be limited by court decision. Therefore, in order to carry out assignments under a power of attorney, a person must have legal capacity. It is impossible to issue a power of attorney in the name of a person recognized as limited in legal capacity on the basis of Article 30 of the Civil Code of the Russian Federation or who is completely incompetent.
A legal entity that acts as an executor of an order must also be legally competent and capable. Accordingly, to obtain these two statuses, according to the requirements of civil legislation, a legal entity must be registered in the state register - the requirements of Article 49 of the Civil Code of the Russian Federation, part 3.
From an individual
Until 2021, a power of attorney regarding actions with a vehicle in the traffic police had to be notarized; since 2017, such an obligation has disappeared, and a simple signature is enough for this, but for greater security, owners prefer to notarize the document .
There are no strictly established requirements for drawing up a power of attorney, nor is there a uniform template.
You can find out how to issue a power of attorney with the State Traffic Safety Inspectorate to represent the interests of an individual here, and you can learn how to write a power of attorney for registration with the State Traffic Safety Inspectorate from an individual here.
From organizations and legal entities
Despite the absence of requirements for filling out the document - there is no exact sample for such a power of attorney, the document has one characteristic feature.
Regardless of the nature of the power of attorney and the amount of powers transferred with its help, it will be considered notarized. According to the rules of Article 185.1 (part 2, clause 4), a power of attorney from a legal entity is equivalent to a notarized one , although it is issued under the signature of the manager or other authorized person.
For how long is it issued?
There are two types of power of attorney based on the validity period:
- unlimited;
- issued for a certain period.
When writing a power of attorney to the traffic police, it is better to choose the second option. The period for which it is issued is determined by the principal himself. According to the rules of Article 186 of the Civil Code of the Russian Federation, part 1, if the power of attorney does not mention its validity period, then the document is valid for a year from the date of execution.
Article 186 of the Civil Code of the Russian Federation. Duration of power of attorney
- If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.
A power of attorney that does not indicate the date of its execution is void.
- A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.
The principal has the right to revoke the power of attorney at any time after taking all actions to fulfill the order.
Watch a video about the validity periods of powers of attorney:
How to restore the title to a car without an owner?
If you lose such an important document for a car as a title, you need to contact the relevant authorities as soon as possible to restore it. After all, if a passport falls into the hands of fraudsters, it can be used for the most selfish purposes. However, the driver does not always have the time and opportunity to be personally present when issuing a duplicate of the lost document.
In this article we will answer the following questions: why restore the PTS at all and what function does it play? Is it possible to restore a passport for a car if it is lost without the owner? how to do this correctly? what documents should I provide? and where to go? Read on.
When can they refuse to issue a PTS?
If this document is lost, an application to create a duplicate is not always accepted. And there are specific reasons for this:
- If there is a suspicion that the car has been stolen;
- When the car is listed as stolen or wanted;
- If some of the documents submitted turned out to be fake;
- When voicing and recording false information;
- When there are some restrictions on the use of the vehicle.
Often the owner of the car does not agree with the refusal, in which case he can go to court with a complaint against the head of the traffic police department.
Why restore?
A vehicle’s passport is, perhaps, its main document, without which its owner will be unable to:
In addition, a driver driving a vehicle without this document, when stopped by traffic police officers, faces administrative liability, accompanied by a fine.
Instructions for restoring PTS
So, below are step-by-step instructions for restoring the passport of a technical device:
- Submitting an application where the applicant must describe in detail the circumstances under which the PTS disappeared. Most often, this is done to confirm that the document cannot be stolen. Therefore, it is advisable to write in such a statement that “the possibility of theft is excluded.”
- Fill out a form at the traffic police department stating that you need to replace your vehicle title. The application form is standard, and there should be no questions asked when filling it out.
- Pay the state fee. To do this, you need to know the details of the traffic police department, which can be obtained in the same window as the application form.
- Carrying out a vehicle inspection. In addition to filling out the paperwork and paying the state fee, you must bring your car to a special site for inspection by a traffic police officer. Before doing this, it is advisable to wash the engine and wipe its number.
In conclusion, it must be said that the loss of the passport of a technical device is an extremely undesirable phenomenon, which will result not only in paperwork, but also in depositing funds, as a result of which you will receive a PTS in a period of 1 to 30 days. Therefore, it is necessary to monitor this document and keep it in the same place so as not to forget its location. This is the only way to protect yourself from unnecessary problems with the restoration of your vehicle passport.
Procedure: step by step instructions
When the PTS is restored, its owner is given a duplicate document. In order to receive it, you must adhere to the following procedure:
- Contact the territorial traffic police department where the car was originally registered;
- Provide the required list of documents (see the next section for the full list);
- Provide the vehicle itself for inspection;
- In case of a satisfactory decision regarding the submission of the application, documents and inspection of the vehicle, obtain a duplicate of the PTS.
Read about what documents you need to provide to the traffic police in the next section.
What documents are needed to restore the title?
If the car owner needs to restore the title as soon as possible, it is worth preparing a package of documents in advance.
You must provide the following to the traffic police department:
- Citizen's passport.
- Documents confirming ownership of the car.
- Vehicle registration certificate.
- OSAGO policy.
- Receipt for payment of state duty.
- Application for the need to restore the vehicle title (to be filled out at the traffic police department).
- Explanatory.
If the car owner has lost his PTS along with his personal passport, he first needs to start restoring the documents that confirm his identity. To do this, you need to contact the passport office at your place of registration.
Special attention should be paid to documents confirming ownership. The main document is the purchase and sale agreement. However, not all citizens become car owners on the basis of this agreement. Many people are interested in the question of how to restore a lost title if the driver is driving the vehicle by proxy.
If a person uses a car on the basis of a general power of attorney, he has the right to personally (without the presence of the real owner) apply to the traffic police department. If the power of attorney was issued only for the right to drive a vehicle, it is impossible to restore a lost passport yourself. In this situation, the car owner will have to be involved in the process.
The MTPL policy is not one of the mandatory documents. However, its absence can significantly increase the period for issuing a duplicate PTS.
The explanatory note that the car owner fills out at the traffic police department must contain information about the reasons for the lack of a passport. You should not indicate theft as a reason (even if you are absolutely sure that the document was stolen). If the fact of theft is mentioned in the explanatory note, the department’s employees will be forced to open a criminal case regarding the offense. This means that a duplicate PTS will be issued to the owner only after the end of the criminal proceedings.
Many citizens try to be proactive and bring unnecessary documents to traffic police officers in the hope that this will help speed up the process of issuing a duplicate. In fact, unnecessary documents only increase the time needed to verify information.
Required Documentation
When restoring a vehicle passport, you must provide the following package of documents to the traffic police department:
- Identification document of the car owner (Russian passport);
- Explanatory, in which the car owner must describe in detail (in chronological order) the situation and circumstances under which the vehicle passport was lost;
This way, the possibility of a simple loss of a document, which will later be found somewhere at home/work, etc., should be excluded.
- Application for restoration of the PTS and issuance of a duplicate;
An application form to fill out is issued at the traffic police department upon direct contact with it. In addition, it can be found on the State Services website, the official traffic police portal or at the information stand in the MREO branch itself.
- Vehicle registration certificate;
If it was lost along with the vehicle passport, an application for the issuance of a duplicate vehicle registration certificate is submitted instead.
- MTPL insurance policy;
- Documents confirming ownership of the vehicle (sale and purchase agreement, etc.);
- A receipt confirming payment of the state fee.
In addition, the owner of the vehicle must provide the vehicle itself for inspection. After an authorized official inspects the vehicle and compares the numbers stamped under the hood with those indicated in the traffic police database, the application and documents will be accepted for further consideration.
Is it possible to restore the title without the owner of the car?
Therefore, when submitting an application, car owners prefer not to disclose the current state of the matter, but indicate that the document is lost. When the vehicle passport is in unusable condition or there is no free space in the columns, then another PTS is also issued.
Where to contact
The buyer receives ownership rights after the transfer of the vehicle (Article 223 of the Civil Code). The basis for the acquisition of property will be a purchase and sale agreement (Article 218 Part 2 of the Civil Code). In the contract, the parties can determine for themselves when the moment of transfer of ownership occurs: after receiving the full amount, the buyer registers the car, or something else. The transfer of equipment can occur under an act, which will also be considered a transfer of rights, unless other points are specified.
If you refuse to issue a duplicate vehicle registration certificate, you should request written confirmation of the inspector’s actions. If the justifications, in the opinion of the car owner, are illegal, then you must contact the traffic police .
If there is a need to restore a vehicle passport under a purchase and sale agreement by a complete stranger, it is worth having additional documents: a photocopy of the passport certified by a notary and a general power of attorney in your name, which indicates the purpose of issuing the document, that is, to restore the title.
Timing and cost
- passport of a citizen of the Russian Federation of the owner of the car, or temporary identity card;
- vehicle registration certificate, which is issued after registration with the traffic police;
- a document confirming the right to own a car or other transport;
- MTPL insurance policy;
- application for restoration of the vehicle title, which is issued by a traffic police officer;
- receipt for payment of state duty.
If you suspect that you have not lost your PTS. and your PTS was stolen, then you immediately need to contact the traffic police to invalidate the lost or stolen PTS before the scammers have time to use the stolen or lost vehicle passport.
Nowadays, you rarely meet a person who does not personally own a car and has not bought or sold it at least once in his life. This is probably why the traffic police simplified the system for registering a vehicle, as well as the rules for using a car that is not owned by the motorist.
How much does it cost to restore a title and vehicle registration certificate if lost?
Any decision to refuse must be motivated and in writing, and also signed by the relevant inspector. This decision can be appealed in court, to a city court considering administrative or civil cases.
At the same time, despite its wide sector of the general power of attorney, in order to obtain a PTS without an owner, the general power of attorney must necessarily state the right to specifically these actions, that is, restoration of the PTS; if this is not specified, then the traffic police may refuse to replace the PTS.
What papers will be required?
If you suspect that you have not lost your PTS. and your PTS was stolen, then you immediately need to contact the traffic police to invalidate the lost or stolen PTS before the scammers have time to use the stolen or lost vehicle passport.
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This article will publish an extended power of attorney, which can also be used to perform registration actions . In addition, the features of registering a car by proxy will be considered.
What if the owner cannot attend?
Restoring a vehicle title without its owner is possible if there is a general power of attorney drawn up and certified by a notary, which is executed by the owner of the vehicle himself.
When drawing up a power of attorney, it should include the following information:
- Vehicle owner details (full name, passport details, contact phone number);
- Data of the person to whom the authority to receive a duplicate of the PTS is temporarily transferred;
- List of other additional powers that the principal receives;
- Presence/absence of the right of subrogation;
- The date the document was drawn up (coincides with the date when the document is certified by a notary);
- The period of time during which the authorized person has the right to exercise the entrusted powers.
Thus, having secured this document, the authorized person has the right to independently contact the traffic police department without the owner of the vehicle, provide the necessary list of documents and the vehicle itself, and then receive a ready-made duplicate and transfer it to the true owner of the car.
Power of attorney for restoration of title - home lawyer
An assistant site for drawing up various contracts. Templates and forms. Everything is ready, all you have to do is insert your data in the editor and print. Next, the principal indicates exactly all his passport and registration data. Informs about the intention to grant a power of attorney.
Restoring a title without an owner
- Come to the traffic police department, present your passport details, and pay the state fee.
- The department should be where the car was registered.
- Present a general power of attorney.
- It is necessary to drive the car to the observation deck, have a passport, a compulsory motor liability insurance policy, and a receipt for payment of the state duty.
- To make the inspection faster, it is necessary that the car is clean and there should be no dirt stains on the body and engine.
- The inspector will check the numbers on the body and engine.
- The inspector will also check whether special light and sound signals are permitted.
- A driver's license will take the place of a passport.
- A document indicating when the car was registered.
- You must pay a fine of 1,200 rubles for the fact that the car will have to be re-registered.
- An MTPL policy is not required, but it’s better to take it just in case.
Such a power of attorney allows you not only to restore the title, but also to perform other actions with the specified vehicle (issue compulsory motor insurance, receive insurance payments, enter into sales agreements, represent the owner in the traffic police, court and other authorities). A general power of attorney is usually issued for a period of three years.
A vehicle passport is a necessary document that ensures the legal movement of a vehicle on the road. The loss of this paper can provoke various difficulties if it is necessary to carry out a number of legal transactions with the vehicle.
: Lost PTS, what to do?! How to restore PTS? duplicate PTS || Auto-Summer
- if the PTS was lost, then an explanatory note indicating the estimated time, date, place and circumstances of the loss must be attached to the specified list;
- if the PTS was stolen, then a resolution is attached to refuse (close) the criminal case in connection with the fact of theft. The document is issued at the police department;
- If the title is restored after disposal, then a certificate of disposal of the vehicle is attached.
07 Oct 2021 uristlaw 91
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Cost of the procedure
When obtaining a duplicate vehicle passport, its owner has to bear the following expenses:
- Payment of the state duty, which, in accordance with Article 333.33, paragraph 36 of part 1 of the Tax Code of the Russian Federation, is 500 rubles;
- Payment of the state fee for issuing a vehicle registration certificate, which is subject to automatic re-registration after the issuance of a restored vehicle passport. The fee is 300 rubles.
Sample form and example of filling out a power of attorney to receive a duplicate PTS from the State Traffic Safety Inspectorate
The power of attorney for the restoration of the vehicle title must contain the following information:
- The title of the document, which is located in the middle of the top line. In this situation, the name of the document is power of attorney.
- City of document preparation.
- Data of the principal, which includes full name, basic details of the passport (series, number, who issued it, when it was issued), residential address.
- Data of the person who is granted the right to draw up the document. Similarly to the previous paragraph, please indicate your full name, passport details and residential address.
- Identification features of a car that belongs to the principal by right of ownership. The following should be indicated here:
- make and model;
- registration number received after registration;
- identification number assigned to vehicles by the manufacturer;
- engine, chassis and body numbers, if available;
- details of the car registration certificate (number, series, date of receipt).
- A list of actions that a trustee can perform within the scope of this document. As a rule, a power of attorney is issued not only for obtaining a duplicate vehicle passport, but also for other actions. For example, representing the interests of the vehicle owner in the traffic police and other structures, undergoing periodic technical inspection and obtaining the relevant documents, representing the interests of the car owner in insurance companies, and so on.
- Duration of the power of attorney. In most cases, a power of attorney is issued for 1 or 3 years, but it can also be issued to perform a certain action, after which the document will be automatically considered invalid.
- Possibility/impossibility of reassignment of the actions specified in the document.
- Date of document creation.
- Signature of the principal.
For example, a power of attorney for a period of 3 years is issued in St. Petersburg. You need to get a duplicate for a VAZ 2115 car.
The owner of the car is Ivan Ivanovich Ivanov, who allows his brother Peter Ivanovich Ivanov to receive a duplicate PTS.
The completed document will look like this: