How to issue a power of attorney for a car in Russia

Do I need a power of attorney for a car and how to properly draw up the document?

Today, traffic police officers have ceased to be interested in documents confirming the driver’s right to drive a vehicle.

In this regard, many car enthusiasts have a logical question: is a power of attorney needed for a car in Russia or can it be considered a relic of the past?

To understand all this, you need to familiarize yourself with the documents that regulate this issue.

Do you need a power of attorney to drive a car?

Let's figure out whether it's possible to travel without a power of attorney. In 2012, some changes were made to the traffic rules. Thanks to these amendments, traffic police officers can no longer demand documents confirming a person’s right to use and own a car. These documents include a purchase and sale agreement, a vehicle passport and, of course, a power of attorney.

The fact that a power of attorney is not needed during a routine document verification does not mean that it is not needed at all.

So, for example, without a document it will not be possible to:

• obtain a duplicate of your car passport or license plate;
• pick up the car from the impound lot;
• remove the car from registration;
• pass a technical inspection;
• take out an insurance policy.

Thus, there is no clear answer to the question “Do I need a power of attorney to drive a car?” does not exist. It all depends on the specific circumstances.

So, when transferring a car for use for a few days, there is no need to draw up a document. However, when transferring a car for a long period of time, you still need to issue a power of attorney.

Why is a power of attorney issued and its validity period?

It is drawn up so that the attorney can perform a number of actions:

• register the car with the traffic police;
• take out an insurance policy and receive compensation when an insured event occurs;
• carry out customs clearance of the car and pay duties;
• transport a car from one city to another;
• undergo technical inspection;
• make duplicates of license plates and vehicle passports;
• pick up a car from an impound lot;
• travel abroad in the absence of the owner of the vehicle;
• participate in court proceedings on issues related to the car (for example, in the case of an accident).

In other words, the attorney has the right to dispose of the car at his own discretion (within the framework of the power of attorney and the conditions specified in it).

An important component of any power of attorney is the date of issue. In the absence of such a document is considered invalid. Typically, a document is issued for a specific period. In this case, it is valid for the period specified in it. If there is no expiration date, the power of attorney is valid for one year from the date of issue.

Today, the validity period of the document can be up to three years. Exceeding this period makes the power of attorney invalid.

What do you need to drive someone else's car?

To drive a car that belongs to another person, you must have the following documents with you:

• driver's license;
• registration certificate;
• OSAGO insurance policy.

In this case, the insurance contract can be concluded in any way: without restricting the persons allowed to drive, or with the condition of driving by drivers specified by the policyholder.

Separately, it is worth considering the issue when the attorney plans to use the car to travel abroad.

In this case, you won’t be able to get by with a regular power of attorney - you will need a notarized document that will state the attorney’s right to leave the country.

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How to draw up a document

You can issue a power of attorney yourself, without going to a notary. To do this, you can use a blank sheet of paper, a ready-made form found on the Internet, or a purchased form.

In any case, the document must contain information:

• about the principal (passport data);
• about the attorney (passport details);
• about the car (identification number, state registration plate, body and engine numbers, registration certificate data, information from the vehicle passport);
• about what actions the attorney can perform.

In some cases, it is advisable to issue a notarized power of attorney. So, for example, a general power of attorney gives the attorney the right to sell a car without the participation of the owner, to undergo technical inspection, obtain license plates, register with the traffic police, etc.

It is considered that a notarized and handwritten power of attorney has the same legal force. However, in practice certain difficulties may arise. Thus, the holder of a handwritten version of the document is unlikely to be able to deregister the vehicle if necessary.

In the event that an attorney decides to transfer the right to drive a car to someone else, this will be recognized as a transfer of trust. Performing such actions is possible only with the consent of the owner (this must be indicated in the issued power of attorney, certified by a notary).

Thus, a power of attorney for a car will be needed if the attorney will use the car for a more or less long period of time. When transferring a vehicle for several days, you can do without this document. The only thing is that if the attorney gets into an accident, he will have to compensate for the damage caused from his own pocket.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 .

Power of attorney to drive a car 2020

Good afternoon, dear reader.

Currently, it is a widespread situation when a passenger car is purchased for use by an entire family, and not just for one driver. At the same time, you can register a car only for one person, and all other drivers will need a special document - a power of attorney to drive a car .

In principle, it does not matter who you want to entrust the right to drive the car. These can be close and distant relatives, friends, acquaintances and just random people. To prevent possible problems with traffic police officers, any of them will need a power of attorney in simple written form.

Do you need a power of attorney to drive a car in 2020?

On November 24, 2012, changes to the traffic rules came into force, after which the question “do I need a power of attorney to drive a car?” became relevant for many drivers.

In fact, everything is very simple. In 2019, traffic police officers do not have the right to require a power of attorney from you during a routine document check. However, this does not mean that the driver should not have a power of attorney at all. It just doesn't need to be shown .

This issue is discussed in detail in the article:

What is a power of attorney to drive a vehicle?

In accordance with the Civil Code, a power of attorney is a written authority issued by one person to another person for representation before third parties.

Registration of a power of attorney for the right to drive a car

A power of attorney to drive a car can be issued in simple written form , i.e. if necessary, you can write it completely by hand on any piece of paper. This option is quite tedious and requires careful attention to the contents of the document. You should not lose sight of the mandatory points, which will be discussed below.

You can issue a power of attorney for the right to drive a car in 2019 in other ways.

For example, many newsstands offer to purchase a blank power of attorney form from them and fill it out by hand.

Let's look at the typical content of a car power of attorney. The document must indicate:

• The person who entrusts the car (passport details).
• Vehicle data (state registration plate, identification number, engine and body numbers, data from the vehicle passport, data from the vehicle registration certificate).
• The person who is entrusted with the car (passport details).
• Information about what actions can be performed with the car (drive, represent the interests of the owner in the traffic police or insurance company, etc.).

Duration of the power of attorney

An important attribute of absolutely any power of attorney is the date of its issue , the absence of which automatically makes the document void. In addition, the document must also contain the signature of the principal.

If the validity period is not specified, then the document is valid for 1 year from the date of its issue. If the validity period is specified, then the power of attorney is valid until the date specified in it. The maximum validity period of a power of attorney in 2020 is unlimited.

A simple written power of attorney issued by the owner of the vehicle does not require notarization.

The ability to issue a power of attorney to drive a car exists not only for the owner of the car, but also for the person using the vehicle under a power of attorney. Those. in practice, a power of attorney can be issued for a power of attorney. However, in this case, a notarization of the transaction will be required.

If you want to limit the possibility of using your car by unknown persons, then when drawing up a power of attorney, add the following words “without the right of subrogation” to it.

Download the power of attorney form for the right to drive a car 2019

Since independently drawing up a power of attorney for the right to drive a car is quite a troublesome task, I suggest you use a special form in which you need to enter information about the owner of the car, about the car itself, as well as about the person who is given the right to use:

The document can be filled out electronically or the file can be printed and filled out by hand.

Sample power of attorney for a car

To enlarge a picture, simply click on it.

Please note that if you wish, you can create your own handwritten document based on the power of attorney form provided here. It will have exactly the same legal force.

Let me remind you that after drawing up a power of attorney, it is necessary to insure the civil liability of the owner of the vehicle within 10 days. After this time, any traffic police officer will be able to impose a fine on the driver for lack of MTPL insurance.

Note. You can drive without insurance for 10 days, but in the event of an accident caused by an uninsured driver, you will have to pay for the repair of someone else’s car out of your own pocket.

As for the punishment for lack of a power of attorney, it has now been abolished.

Nevertheless, I recommend that you monitor the expiration date of the power of attorney for the right to manage and draw up a new document in a timely manner.

Sample power of attorney for a car from an individual

Inexperienced people are wondering - What is a power of attorney to drive a vehicle from an individual and do you need to carry it with you and present it to the inspector in 2019?

A power of attorney is a document by which the owner transfers his powers to another person. Accordingly, an individual can transfer the right to drive a car to any citizen who trusts him.

Is a power of attorney required to drive someone else's car from an individual?

Changes to the Traffic Rules were made back in November 2012, which exempt a driver driving someone else's vehicle from the need to have a power of attorney. The traffic police inspector has the right to request only:

• driver's license;
• vehicle registration documents;
• OSAGO insurance policy.

If the policy states that the driver is allowed to drive this car, then no questions will arise. This rule is contained in paragraph 2 of Article 15 of the Law of April 25, 2002 No. 40-FZ and paragraph 2.1.1 of the Rules.

Sample and form

How to correctly draw up and execute a power of attorney by hand?

The power of attorney does not have a strict form. Rules for the format of the document are not established by law; theoretically, the owner of the vehicle can write it even on a piece of paper by hand. But there are recommendations regarding the content, so the following information should be provided:

• place and date of compilation;
• Full name, civil passport details of the individual who is the official owner of the car and transfers the right to drive it;
• accurate and as complete information as possible about the vehicle, indicating its make, model, registration number, engine and body numbers, information about the title and state registration certificate);
• Full name, passport details of the citizen to whom the right to operate with this vehicle is transferred;
• a list of all the powers that will be available to the authorized person within the framework of this document (drive a car, represent the interests of the owner in the insurance company, the traffic police, receive the vehicle from the impound lot, etc.)

It is important to note that the power of attorney is certified by the personal signature of the principal.

The power of attorney form can be downloaded, ready to print and fill out by hand.

Based on an existing sample or form, an individual can independently draw up a handwritten document. If all necessary details are indicated, it will have legal force.

When issuing a power of attorney, make sure to include information about the citizen indicated in it in the MTPL insurance policy.

Punishment for absence

Since the document has become optional, the traffic police inspector has no right to punish for its absence. But, if the driver is driving a car and is not included in the insurance policy, then he will be issued a fine for lack of insurance.

It is permissible to drive without a policy only for 10 days, which are given to the owner to add the driver to the MTPL policy. Then it is enough to present a power of attorney with the corresponding date of issue. But in the event of participation in an accident on the part of the guilty party, the owner himself will bear responsibility.

Validity

The presence of the date of preparation and personal signature of the owner of movable property in the power of attorney is a mandatory condition for recognizing it as legally significant. It is from the specified date that its validity period is calculated, unless it is limited to a specific date.

The owner has the right to indicate in the text the date until which he trusts the citizen to use his car. If it is not registered, then the norm of Article 186 of the Civil Code comes into force, which states that the power of attorney is valid for a year from the date of its issue.

Do I need to have a power of attorney certified by a notary? This type of document does not require notarization. The exception is a general power of attorney and the transfer of one’s rights by an authorized person to another citizen. In these cases, it is necessary to draw up a notarial document.

However, the right to dispose of a car can be delegated only if the owner has not indicated in the power of attorney the phrase “without the right of subrogation”. It imposes a corresponding limitation.

The power of attorney is terminated in the following cases:

• the end (expiration) of the period specified in the document, or the calendar year, if the end date is not specified;
• cancellation by the owner of the property (principal);
• death of the principal or trustee;
• refusal of the authorized person to use the vehicle.

How to issue a power of attorney for a car? Price and methods of registering a general power of attorney in Russia

Transferring the right to drive a personal car is sometimes necessary for the owner in many situations - driving a car without the owner to another locality, inability to drive due to illness, shared use by family members, requests from friends, colleagues, etc. Due to the fact that the current law on car registration allows only the owner’s identity to be entered into the document, the latter has to resort to the procedure for issuing a power of attorney for the car in order to solve the problems described above.

Do you need a power of attorney for a car in Russia in 2018?

In 2012, changes were made to the traffic rules regarding the presence of a power of attorney for a person driving someone else’s car - the document is no longer required from the moment the amendment was adopted. Moreover, a traffic police officer does not have the right to demand a document when stopping a vehicle and performing a standard check. However, you cannot do without it in the following cases:

• Removing a car from the impound lot.
• Passing technical inspection.
• Obtaining a duplicate license plate or registration certificate.
• Registration of an insurance policy.
• Removing or registering a car.
• Car sale.

In a word, any legal procedures or actions related to accounting cannot be done without issuing a power of attorney to a person designated to be an attorney. If you just need to drive a car, then it is not necessary to take a power of attorney; it is enough to have a driver’s license.

Is a power of attorney required for a car for a person included in the MTPL insurance policy?

After changes to the traffic rules in 2012, such a requirement is not considered mandatory if the authorized person is included in the insurance. However, only if it comes directly to driving a car. If your car insurance is covered by theft, theft, or other non-driving related incident, having the document is required.

Is a power of attorney required for a car to cross the border of another state?

Depending on the requirements of the receiving party, certain countries insist on such a document, others are loyal. To know for sure, it is best to contact the consulate of the state whose border you need to cross. Consultations are possible via the Internet. If it is necessary to provide a power of attorney for a car, it must be registered with a notary, including information about the driver’s international passport in the document.

It is also important to avoid problems at Russian customs. There, along with a power of attorney to temporarily drive a car, you need to present a title and registration certificate.

How to issue a general power of attorney for a car in Russia?

The options for issuing a general power of attorney for a car in Russia are as follows:

1. Push.
   Two persons enter into an agreement between themselves on the transfer of a vehicle without outside observers - lawyers and notaries. What exactly do they save on? To do this, information about the car, owner and trusted person is indicated on a regular piece of paper. It is necessary to indicate a number of powers that allow the latter to handle the car - only driving, concluding transactions (selling a car by proxy), going through legal procedures and/or so on. Then signatures are added. The disadvantage of this method is the possibility of errors, or forgotten facts in the power of attorney, namely the data of the owner or temporary manager of the vehicle, but the cost of a general power of attorney for a car will be the lowest;
2. Legal assistance in obtaining a general power of attorney for a car with the right to sell. The advantage of this method is that all important points are mentioned in the power of attorney, preventing possible fraud. However, this costs money, and there is no price regulation, so legal entities most often turn to legal entities. For example, organizations that have their own fleet of vehicles;
3. Notarised power of attorney. Loved by elderly car owners who allow younger relatives to use the car. The document takes into account all the nuances and eliminates errors. It’s easy to find out how much a power of attorney for a car costs from a notary. They work at government rates;

How to issue a general power of attorney for a car - independently or with the involvement of third parties - is decided by the owner of the car.

Handwritten or printed form of power of attorney for a car - points of the document

Regardless of how the power of attorney form for a car is drawn up, the document will be considered valid if it contains complete information about the subject. Namely:

• The date of issue of the power of attorney for the car in words. Without the latter, the power of attorney is considered invalid;
• Information about the owner/owners. It is quite possible that the car belongs to several persons in shares - it is important to indicate this;
• Duration of use of a power of attorney for a car. Maximum – 3 years. If not specified, default is 1 year;
• Information about the authorized person/persons. Several people per car are not at all uncommon;
• Information about the car, according to the technical equipment passport, license and other documents for the car;
• To issue a power of attorney for a car, the following documents will be required: passports of the persons involved and their copies, PTS, certificate of state registration of the car;
• Before you issue a general power of attorney for a car, it is important to indicate in it a list of powers of the person driving the car in the future. If this is not done, by default he has the right to: independent driving without the presence of the owner, driving, participation in all registration procedures, insurance and receiving payments, undergoing maintenance, as well as selling the car;
• Signatures of the parties.

The principal assumes responsibility for the accuracy of the data. Blots, cross-outs and other defects are not allowed in the power of attorney for a car. Otherwise, such paper will not pass notarial control, if it is planned. By the way, the owner has the right to issue a general power of attorney for a car with the right to sell without the presence of the second/second participants - the signature of the authorized person is placed later.

Is it possible to make a general power of attorney for a car without an owner in Russia?

We are talking about extending the general power of attorney under which the car was sold in order to avoid unnecessary expenses for paying duties and taxes (more information about this can be found in the article “Paying state duties on a car”). This is where the pitfall lies - the authorized person who “bought” the car according to the document does not become the full owner. Therefore, cases in which an unscrupulous former owner does not want to extend the term of the document for reasons known to him alone are not uncommon.

As a result, the buyer with an expired power of attorney will lose both money and the car after the first demand to use the paper for their own purposes. Is it possible to re-register a car using a general power of attorney? Yes, there are ways:

1. It is important to act immediately. Usually, holders of a general power of attorney for a car realize it when the document expires. Therefore, you need to make a power of attorney for a car without an owner at least a month before the end date. Otherwise, nothing can be done without the former owner;
2. The first step is to remove the car from its place of registration with the traffic police. A general power of attorney allows this;
3. Then you need to purchase a certificate-invoice. Unlike a purchase and sale agreement, this is a document of strict accountability. Without it, the former owner would not have been able to register the car with the traffic police. The new owner, with a general power of attorney, will be able to buy it;
4. All that remains is to re-register the car in your name and register the car with the local traffic police department;
5. Another way is to sell the car to a relative or reliable person using an existing document, who, in turn, being the owner, will again sell it to the holder of a general power of attorney, but under a sales contract. There will be expenses, but it's better than being left without everything.

In many automotive forums, talk about the impossibility of renewing a general power of attorney due to problems with former owners is not uncommon. Therefore, you should not get involved in a dubious company selling a car not under a contract.

If you have not yet decided which used car is best to buy, it makes sense to find out how to check a car for seizure in order to avoid unpleasant surprises in the future.

The cost of a power of attorney for a car in Russia in 2018

Based on the price of a power of attorney for a car in Moscow and the region, we can say about the following amounts:

• The cost of a general power of attorney for a car, drawn up independently and signed by a notary, is 400–500 rubles.
• Drawing up a document with the involvement of a lawyer – 800 rubles + certification of signature – 400 rubles. The total cost of a power of attorney for a car for an individual is 1200.
• Drawing up a document for organizations and legal entities with certification of signatures – 1600 rubles.

For a power of attorney for a car, the price varies depending on the functions of the certifying body - for example, only certification or drawing up a power of attorney with verification of all technical aspects.

How to write a power of attorney for the right to drive a car (Sample)

Many families now purchase one car, which is subsequently used by several members of this family. You can only register a car for one driver. But in order for others to also use this car, a power of attorney to drive the vehicle is drawn up.

Since 2012, there have been some changes in traffic rules. A traffic police officer does not have the right to demand a power of attorney if he stops a car on the road. But this does not mean that it should not exist at all. The driver must have a compulsory motor liability insurance policy with him, which allows him to own a car (clause 2.1.1 of the Russian Traffic Regulations).

How to write?

A power of attorney to drive a car does not have a strict form; it can be drawn up both in printed and written form. It does not require mandatory notarization. The form to fill out can be purchased at many kiosks and stores, or printed from the Internet.

What should be included in it?

1. Full name of the car owner, residential address, passport details (series, number, issued by, date of issue);
2. Full name of the authorized person, his address and passport details;
3. Indicate all the main characteristics of the vehicle that is being transferred for use, namely: state. registration plate, series, vehicle identification number, year of manufacture, color, engine, body, chassis numbers, technical passport and the organization that issued this passport, as well as the date of issue;
4. It is necessary to indicate the period during which the authorized person can use the car;
5. Write about the possibility of delegation of authority (without the right of delegation or with this right);
6. The date of the power of attorney is one of the main attributes;
7. Below there should be the owner’s signature with a transcript.

What rights does a power of attorney for the use of a vehicle give?

• Management and disposal;
• The ability to independently register a car and carry out customs clearance;
• Insure and in case of an accident receive insurance compensation;
• Pass technical inspection;
• Pick up from a parking ticket;
• Participate in court proceedings in case of an accident.

The power of attorney is issued for a period of up to 3 years. But its effect may end earlier if the owner of the car refuses to further transfer the car for use or the authorized person himself refuses.

Ready sample

POWER OF ATTORNEY
for the right to drive a vehicle

I , Petrov Vasily Nikolaevich, living at the address Nizhny Novgorod, Minina street, building 6, apartment 142, passport series 2214 number 567836, issued by the department of the Federal Migration Service No. 3 of the Nizhny Novgorod district of the city of Nizhny Novgorod, 10.25.2010

I trust Petrov Ilya Vasilyevich, living at the address Nizhny Novgorod, Minina street, building 13, apartment 78, passport series 2313 number 678934, issued by the Federal Migration Service department No. 3 of the Nizhny Novgorod district of the city of Nizhny Novgorod, 12/28/2015

driving a Renault Logan state sign M567PO 152RUS

identification number (VIN) X4KKRTH6FDF128964
year of manufacture 2008 engine No. UN654789
chassis (frame) No. body (sidecar) No. T6UISRB6HCH789065
belonging on the basis of a vehicle passport series 66MM
No. 678345 issued by OAO Avtotrans on 03/12/2008
registration certificate (technical passport ) vehicle
series 34FG No. 754356, issued by the State Traffic Safety Inspectorate of the city of Nizhny Novgorod in VAIO on March 21, 2008
for a period of three years, without the right of subrogation

Thus, a power of attorney to drive a car must be executed by hand or on a letterhead if the vehicle is driven by several persons at once. It is necessary to correctly indicate all the attributes of the contract so that no problems arise later. And also carefully monitor the expiration date in order to update the document on time.