Do I need a power of attorney to drive a car

When preparing documents, it is not at all necessary to act independently; you can use the services of a representative. But in order for an outsider to have the right to represent another person, a power of attorney must be drawn up in his name. You also need a power of attorney to drive a vehicle that is owned by another person. This way, all parties can make sure that the small car is not stolen, and the person sitting behind the wheel has full legal right to drive it. Moreover, it does not matter in whose name the power of attorney is issued - a relative or a stranger.

Previously, traffic police inspectors requested the document in question when stopping on the road, but recently there has been no such risk. This makes some drivers think that they do not need to obtain a power of attorney to operate a transport vessel. As an alternative, it is believed that you can get by with an insurance policy that includes the names of several people who have the right to drive the vehicle. Of course, inclusion in insurance is important, but driving a car without a power of attorney for this is completely irrational. There are still many situations in which the lack of a power of attorney to drive a vehicle can only hinder and deprive the driver of many rights.

Power of attorney to drive a vehicle: what is it and what are its features?

This is a legal document, the parties to which are the principal (the person transferring powers) and the representative (the person who receives these powers). The principal can always revoke the issued power of attorney. For the transaction to be successful, it is important that both parties prove their legal capacity and are of legal age. When a vehicle is transferred to an authorized person, the power of attorney to drive the vehicle must be legalized by a notary. This will give it legal force.

A power of attorney is a unilateral document. The principal can revoke his legal template at any time, and then the principal will lose all his rights, including the ability to drive a car. The vehicle will become legally inaccessible to the trustee.

Not only an individual, but also a legal entity can act as a principal. If an organization transfers a power of attorney so that a person can drive a vehicle, it is necessary that the sample bear the company’s seal. This makes the form legally strong.

When is a power of attorney required?

For short-term trips in your region and beyond, driving a car from one place to another, you do not need any officially certified papers, a driver’s license and insurance are enough. But if you need to perform any official actions with the car, then you will need a special or general power of attorney for the car, certified by a notary. Let's figure out exactly in which cases you definitely need a power of attorney for a car.

Registration actions with vehicles

The legal owner of a car may not always find the time to complete all the necessary formalities, but no one else has the right to perform such actions for him. For example, after purchasing, you need to register the car with the traffic police, get new license plates, or, conversely, remove a car that has become unusable or stolen from the register. It is in such cases that official paperwork is necessary.

To carry out such actions, you will need to take care to correctly draw up a power of attorney, this is especially true when we are talking about owners who are also legal entities, that is, companies or firms. Without a power of attorney, no one will register or re-register such a car. However, here you can write out a special paper by hand and not have it notarized, this will be enough. There is already a useful article on our website for more details on how to register a car by proxy.

Returning a car from the impound lot

In many cases, the traffic police inspector has the right to send the car to a parking lot, for example, in case of an accident, traffic violations, as well as others. Taking a car from such a parking lot will not be easy at all; firstly, you will have to eliminate the reason why it got there, and secondly, only the owner who has legal grounds to be considered as such can take it away from there.

If the owner cannot do this himself, he will need to issue a power of attorney to a third party, who will do all the work for him. In such cases, it will not be possible to do without a power of attorney, but even here, notarization will not hurt, but it is definitely not mandatory.

Passing a routine technical inspection

Every motorist knows perfectly well that in order for a car to drive properly on the roads and be passed by traffic police inspectors without problems, it will have to undergo a full technical inspection. Such an inspection will help to identify faults and breakdowns of the car, its inconsistencies, which allows you to eliminate problems in a timely manner and ensure safe movement in traffic.

In order for not only the owner of the car, but also any other adult, to undergo a technical inspection, you will need to write a power of attorney. This norm is regulated by paragraph two of Article 17 of the Federal Law number 170. A simple document written by hand with a signature and date will be sufficient, without mandatory certification by a notary.

Concluding purchase and sale transactions or donations

Only its owner and no one else can sell or donate his car, otherwise it may be considered theft or fraudulent activity. However, what to do when the owner simply cannot allocate time for this or is incapacitated, for example, due to illness. In such cases, you will have to issue a general power of attorney.

According to paragraph three of Article 158 of the Civil Code of the Russian Federation, in order to conclude transactions of this type, an official general power of attorney is required, which clearly states the right of the authorized person to alienate movable property, namely a specific car. Such a power of attorney must already be executed in accordance with all the rules and certified by a notary who has the right to do so.

Compensation for damage

Modern transport routes, or in simple words roads, are by no means a completely safe place, which is why various incidents and misunderstandings occur. It happens that some drivers want to file a lawsuit for compensation for damage caused to their car, but for a number of reasons they themselves cannot do this. No one has yet canceled the limitation period, so it makes sense to figure out in what cases such an appeal to the judicial authorities can be made by a third party.

Having in your hands a general power of attorney from the owner, certified by a notary, or having issued a special power of attorney for filing a claim, you can do without the owner. According to the second part of Article 53 of the Code of Civil Procedure of the Russian Federation, as well as Article 185 of the Civil Code of the Russian Federation, documents can be submitted by the person to whom such a document is issued.

Traveling outside the country

When planning to travel outside the borders of our vast Motherland, every driver wonders whether a power of attorney is needed to drive a car if it is not his property, or whether he can do just fine without it in order to reduce costs as much as possible. The legislation of the Russian Federation does not contain such instructions, that is, in order to cross the borders of Russia, no powers of attorney will be required.

However, there is one “but” that must be taken into account in order not to get into trouble. Despite the fact that official paper will not be required at our border, completely different laws may apply in other states. Therefore, it is advisable to either simply issue an international power of attorney and first translate it into the language of the country where you are going, or find out in advance whether this is necessary and what rules apply there. Otherwise, you risk returning back without even crossing the borders of other countries.

Types of powers of attorney

This transport document can be simply written, although a printed version will also have legal effect. The paper has a free form of writing, but several rules must be followed, depending on the type of power of attorney that was chosen to transfer the right to drive a car. A power of attorney is considered a legal document, which has several varieties, distinguished by the form of the form. The most common classification divides documents into those issued by individuals and legal entities.

But there is another common classification, according to which all powers of attorney for a vehicle can be divided into the following categories:

Disposable

This is a form that can be used only once for a specific occasion. It is drawn up by hand, and often does not even need notarization.

Special

Allows a person to use a vehicle on a permanent basis. The vehicle does not become the property of the driver, but he can use it during the specified period.

General

The transport type of general power of attorney allows you to use the car practically as an owner. The rights of a trustee are not limited in any way. The authorized person can even make various transactions with the car (sale, donation, etc.), and not just drive it.

What specific type of power of attorney will be issued depends on the wishes of the principal and the consent of the trustee. Each type of form gives different rights to the person behind the wheel. If the owner entrusts his car to another for a short period, it is more profitable for him to issue a one-time power of attorney, but if he transfers the car into full ownership, it will be more rational to issue a general power of attorney.

Power of attorney for legal entities

The name of the driver to whom the vehicle owned by the organization is assigned must be included in the insurance policy. In this case, he has the right to drive transport without a power of attorney. It should be emphasized that information on this issue is not clear. A legal entity, by issuing a power of attorney for an employee assigned to a vehicle, thus assigns him a number of responsibilities, relieving himself of additional hassle. The driver, with a power of attorney, has the opportunity to carry out a technical inspection of the car at a service station, undergo a technical inspection, pick up the car from the impound lot, and more.

Also, if the driver has a power of attorney, the company that owns the car frees itself from the daily obligation to fill out waybills.

It is advisable for an employee driving a car belonging to an organization or legal entity to have a power of attorney to drive the vehicle assigned to him. It is necessary to pass a check when the car is stopped by State Traffic Inspectorate officers, especially when traveling in other regions of the country other than the region of registration. Verification of the power of attorney issued by the manager and granting the right to drive this vehicle is accepted by traffic police officers everywhere.

What rights and obligations does a power of attorney give?

Driving someone else's vehicle without a power of attorney form is quite a risky business, as you can get into trouble. But when drawing up a transport form of power of attorney, it should be taken into account that some nuances should be particularly highlighted, paying attention to the information presented in the form.

For example, indicate that the authorized person will be able to deviate from the points indicated in the text of the power of attorney if the need arises (it was not possible to contact the principal in time). Write down that the authorized person can transfer the right to drive a vehicle to a second person by also issuing a power of attorney for him. Indicate that the authorized person can perform legal actions with the vehicle and describe who will bear the costs in the event of the need to pay for care and other expenses for the vehicle - the principal or the authorized representative.

The form should also describe what to do if the transport vessel was registered, but one of the parties did not fulfill its obligations. A power of attorney for a vessel allows an outsider to obtain almost the same rights in relation to transport that a full-fledged owner has. The duration and scope of these rights depend on the type of power of attorney executed. Most of the rights and obligations are transferred to the holder of the power of attorney in the case of drawing up a document of a general type. Here we can draw an analogy with the rights that a power of attorney gives for the right to manage a legal entity.

What rights may be provided?

How to write a power of attorney for a car, and what powers to give to the authorized person? Most often, the following rights are provided for the authorized person:

vehicle control;
take out insurance;
conduct exchange or sale transactions;
rental;
transfer as collateral;
carrying out technical inspection;
vehicle maintenance;
representation of interests in the traffic police.

Naturally, this list can be trimmed at your discretion; such broad powers can only be provided for by a general power of attorney.

The nuances of correctly drawing up a power of attorney for a vehicle

The transport type of power of attorney has its own characteristics that should be taken into account when management rights are transferred to another person. These rights are regulated by the Civil Code of the Russian Federation, and it takes into account nuances, the observance of which is mandatory if you want the power of attorney to have legal force, and it can be provided as a document confirming the right to full disposal of the car.

A power of attorney must be written in the prescribed written form, otherwise it will not have legal force. It is necessary to certify the document through a notary, even if the power of attorney is transferred for a small car. Only a legally capable person has the right to issue or receive a document. The average power of attorney is issued for a year, but if the period for a transport vessel is specified in the sample itself, it will be valid in accordance with this directive.

What information should the document contain?

There are several formats for a power of attorney, but since it is a formal document, there are general rules to follow when drafting the document. There is no standard form of power of attorney, but there are formats that can be used as a template. The standard version of the paper should include the following information:

When and where the document is issued.
Passport details of the principal and the authorized representative. In cases where a small transport vehicle had a couple of owners or several authorized representatives are planned, you need to indicate all of them, as well as enter addresses and other necessary contact information. Including places of residence, etc.
Information about the vessel, the right to operate which is transferred under the document. Information from the PTS, model and make of the vessel, when it was released and in what color are included. The engine numbers, VIN number, as well as body and chassis type are indicated.
A complete list of powers that the principal transfers to the trustee. For example, a trusted person will be able to undergo a technical inspection, take out MTPL insurance, etc. Even pick up the vessel from the impound lot if necessary.
How long will a power of attorney allowing you to drive a vehicle be valid? If there is no deadline, the power of attorney will only be valid for a year.
Permission or prohibition to delegate one's powers.
Signature of the principal and representative.

The period specified in the document cannot be extended; in order to obtain the right to use the vehicle, a new power of attorney must be drawn up. The document can be issued to one or more people. Since the power of attorney has several subtypes, there is no unified form for different types of documents. For example, a general power of attorney does not need such a form, but when transferring material assets, a form is needed.

There are several features that should be taken into account if the authorized person plans to travel in a small car with a drawn up power of attorney to another country. In such a situation, a handwritten power of attorney of the simplest form will not work. They simply won’t let the car through at the border. To add legal force to a document, it will need to be certified by a notary. Also, this power of attorney will have to include not only the data of the domestic Russian passport, but also the foreign one. The document includes an additional clause stating that the authorized person can leave the country in a small vehicle or truck.

Please note that in some countries a document in Russian will not be suitable. In order for it to gain legal force, it must be translated into the language of the country where you are traveling. Such actions are not necessary everywhere, so before planning a trip, it is advisable to clarify all such points.

What documents will be required when registering a power of attorney?

The list of documents differs depending on what exactly is trusted. But when a transport document is drawn up, drawing up a form is not enough. It is necessary to collect documents, including in the list the passports of the participants in the process; if the right of subrogation is included, you need to bring an old power of attorney and a vehicle registration certificate (including a small one), as well as a certificate confirming the registration of the vehicle in question.

This entire set of documents is necessary in order to transfer the right to drive a car to another person. Thanks to a power of attorney, they often not only transfer the right to operate a transport vessel (including small ones), but actually sell it. They do this because such a procedure is much faster and more economical for both parties.

The legislation does not limit the imaginary validity period of a power of attorney, which can be only a few years or an unlimited amount of time. But if the document does not indicate the validity period of the power of attorney, it will only work for one year, after which it will be revoked.

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.

Sample power of attorney to drive a vehicle

Most people are not often faced with the need to issue a power of attorney for a small vehicle, and therefore are unfamiliar with how to do it correctly. In such a situation, a sample power of attorney for the right to drive a vehicle will help. Despite the fact that the document in question can be compiled in free form, using a sample it will be possible to avoid obvious errors and adhere to a generally accepted format.

Methods for registering a power of attorney

There are several ways to obtain a power of attorney to drive a vehicle:

On one's own . To do this you will need a sheet of paper and a pen. Its compiler must indicate a number of powers that are being transferred, the necessary data about himself and the car, enter the authorized person and sign. This method has one drawback - it is a high probability of making errors or contradictions during registration. The advantage is saving on the services of a lawyer or notary.
Seeking professional legal assistance . This method makes it possible to clarify all the important aspects of drawing up a power of attorney in order to avoid its use for the purpose of fraud. Lawyers are most often approached by organizations that want to draw up a power of attorney to drive a car.
Contacting a notary . The notary office has a sample power of attorney to drive a vehicle and a form of this document. Its completion is controlled by a notary, this eliminates the possibility of errors and contradictions during preparation. Specialist services are paid at rates established by law.

The power of attorney can be drawn up in any form on A4 sheet. It is important to adhere to all requirements for the document. After drawing up, it must be certified by a notary if you plan to carry out some registration actions with the car.

For example, in the case of transfer of the right to buy or sell. But in most cases, the power of attorney does not need to be notarized.

When the deal ends

A power of attorney giving the right to drive a vehicle may be terminated, but only under certain circumstances. For example, if the power of attorney has expired (remember, it is usually 1 year) or if the principal revokes the power of attorney or the authorized person waives his rights. Also, the document loses its validity when the principal dies or goes missing, when he loses full legal capacity or has limited legal capacity.

In all other circumstances, the transaction is considered reliable. But if, by means of a power of attorney, a small car is not simply transferred with the right to drive, but is purchased, all risks should be taken into account. You can simply pay money, but at one “wonderful” moment the owner will revoke his power of attorney, and the buyer will lose the rights to the vehicle, despite the money paid, the fact that the vessel was in his possession and there is a form confirming this.

You can get legal assistance on issues of power of attorney for the right to drive a vehicle on our website.

How to write a power of attorney for a car by hand?

In fact, there are no special rules for a handwritten trust document. Moreover, regulations allow for a power of attorney to be drawn up by hand. The main thing is that the document is error-free.

However, a handwritten document is much more difficult to compose than one made on a computer. First of all, there is a big risk that the name of the authorized person will be entered incorrectly, errors will be made in the information about the vehicle, and so on.

In general, it is not difficult to write a power of attorney for a car (a sample is attached in the article), and it may look like this:

“I, F.I.O... passport details..., trust...F. I.O. ...identity document details..., drive a vehicle... information about the car... Validity period...

Signature, full name of the person who compiled the document, date.”