Currently, there are many different authorities that monitor the condition of registered cars and their owners. Sometimes a vehicle needs to be deregistered due to the end of its use. The true owner does not always have the opportunity to contact the relevant authority to carry out the appropriate procedure. In this case, you can ask friends and relatives for help, but they need a power of attorney confirmed by a notary. The procedure for its registration and approval will be discussed in today’s article.
Types of powers of attorney for deregistration of a car
A power of attorney to deregister a car is a document that allows the person specified in it to carry out certain actions on behalf of the owner of the car. Consequently, the document contains a list of actions detailing the nature of the permissible powers.
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To date, several types of powers of attorney have been defined - special, one-time and general. They vary depending on the scope of the functionality allowed, but have one thing in common - notarial confirmation.
Power of attorney to drive a car 2021 - new form
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- Date and place of document preparation. Usually indicated at the top.
- Passport details of a Russian citizen, the owner of the car. Series, number, registration address.
- Passport details of the authorized person. They also indicate the series, number and registration address. If a power of attorney is needed to travel abroad, then you need your passport information.
- Data on the car: license plate number, car make, body number, engine number and data from the registration certificate.
- Actions that a proxy can perform under a power of attorney. For example, management, representing the interests of the owner in an insurance company in the traffic police, sales, rental and others.
- The phrase “Without the right of substitution.” Such words will protect the owner from using the car by third parties. Unscrupulous trustees will not be able to sign their power of attorney to someone else for their own purposes.
A power of attorney may be valid for a certain period if it is specified in the text of the document. If there is no mention of terms, it is valid for 1 year from the date of signing. If a document does not indicate the date of signing, it is considered void. There are currently no restrictions on the duration of a power of attorney.
After completing the power of attorney, the driver must be included in the car insurance within 10 days. After this time, when stopping a car, a citizen may receive a fine for not having an insurance policy. In addition, in the first 10 days you can drive without insurance, but if you get into an accident, compensation for your own and others’ damages will fall on the driver’s shoulders.
The absence of a document confirming the right to drive a car is not subject to punishment. However, it will not be possible to represent the interests of the owner in certain places. A refusal will be received.
In addition, if the driver gets into an accident from which he escapes, or is caught in violation of video recording cameras, the owner will be able to prove that he was not driving the car. The presumption of innocence does not apply in this situation, since the owner of the car is automatically considered the driver.
Therefore, car owners are advised to monitor the term of the power of attorney and renew it if necessary.
- Manually. It is not legally prohibited to write a power of attorney yourself on any sheet of paper. Usually written on A4. It is important to enter all the details, the date of completion and sign the owner.
- Print. The owner can use the power of attorney form from our website, fill it out, print it and sign it. It is also possible to fill out the form manually on a printed form.
- With the help of a law firm. If you have any difficulties with drawing up and filling out a document, you can contact a specialized company, which will issue you a power of attorney to drive a vehicle in a short time if you have all the necessary documents.
- At the notary. Certification of a power of attorney is only necessary when traveling abroad in someone else’s car. In other cases, such a procedure is not necessary.
If the owner of the car is a minor who received the car by inheritance or as a gift, the trustees are his parents or guardians. Except in cases where an adult is declared legally competent.
So, a power of attorney is not needed during the routine check of documents by traffic police officers. However, it will be needed when representing the interests of the owner in a number of other situations. Therefore, the document should be drawn up according to the rules and have it if necessary.
The owner has the right to provide his car to absolutely any person. There is no need to issue a power of attorney for this.
It is enough just to include in the insurance the people to whom he plans to provide his vehicle. However, do not forget that in this case third parties are only allowed to drive the car.
They will not be able to perform any other actions.
You need to understand that quite often the owner does not have the opportunity to personally perform any actions, so he gives these rights to the driver. To give him more powers, many simply issue a corresponding power of attorney.
As a rule, to perform any actions, a power of attorney, which is drawn up in writing, is sufficient. If it is implied that the authorized person will travel abroad, sell or buy a car, the power of attorney must be notarized.
There are also a number of other requirements that are put forward for the preparation of this document:
- the date of execution of the document must be indicated not only in numbers, but also in words, otherwise the power of attorney will not have legal force;
- if the car has several owners, they must all be indicated in the document. Also here they sign, confirming their consent to issue a power of attorney to a specific person;
- at the discretion of the car owner, the validity period of the document is indicated. If this information is missing, the power of attorney is valid for one year;
- detailed information about the vehicle is indicated. This must be done in such a way that the data allows the vehicle to be accurately identified;
- Often companies issue a power of attorney for several employees at once. All of them must be indicated in the document;
- When filling out the power of attorney, try to avoid typos, errors and inaccuracies. To avoid mistakes, PTS is used to fill out. If errors have been identified, there is no point in crossing them out. Better start filling out a new form;
- The owner of the vehicle must put his signature here. If the document was filled out on a computer, a “live” signature is affixed after printing.
There are situations when the authorized person is not able to be present when the document is executed. We can say that there is no urgent need for this.
From a legal point of view, there is no need to obtain consent from him. He is simply trusted to perform various actions related to the car.
In such situations, the principal draws up the document unilaterally. Although in most cases a trusted person is still present.
And he puts his signature on the form, confirming that he accepts the obligations assigned to him.
Depending on the specific case, different information can be specified in the power of attorney. However, the following information must be present:
- Full name and other details of the owner;
- data of the authorized person;
- detailed description of the transaction object;
- the period during which the document will have legal force;
- Date of preparation;
- owner's signature.
It would be useful to indicate in a separate list all the powers vested in the trustee. This may include registration, insurance, driving, passing a technical inspection, collection from a parking lot, etc.
You can drive a car owned by a legal entity on the basis of:
- a power of attorney issued by the head of an organization (enterprise) that has full details of the company, comprehensive personal data on the driver (authorized person), identifying information about the vehicle (model, make, registration number, etc.), an imprint of the corporate seal of the legal entity, as well as the signature of the management (notarization is not required);
- a valid insurance policy in which an employee of the enterprise (another citizen) is indicated as the person driving the car;
- insurance with an unlimited number of persons who have the right to drive the relevant vehicle.
A citizen working at an enterprise (organization) on the basis of an employment contract, when driving an entrusted vehicle, must have with him not only a power of attorney (insurance), but also a duly completed waybill.
Despite the absence of a legislative requirement for a legal entity to issue a power of attorney for the right to drive a vehicle, its issuance should not be neglected in the event of:
- if the transport is transferred for temporary use to a citizen who is not an employee of the company;
- if a person employed in an organization on the basis of an employment agreement goes on a long business trip.
When purchasing a car by concluding a leasing agreement, it remains on the balance sheet of the lessor until final payment by the legal entity. The registration documents may indicate the lessor, and not the enterprise (organization), however, this does not relieve the company’s management of the right to issue a power of attorney for management, representation of interests, etc. to third parties (employees).
The document will have legal force if the citizen has copies of the leasing agreement and the vehicle transfer act.
The power of attorney itself must be signed by the management of the legal entity, have a corporate seal and does not require mandatory certification by a notary.
When a legal entity transfers the right to represent interests in relation to a vehicle to third parties or company employees, a power of attorney should be drawn up.
Depending on the powers vested in the trustee, the document may be subject to mandatory notarization or be valid without it.
It is not necessary to issue a power of attorney when moving a vehicle.
Decor
To successfully conclude a transaction, the participation of two parties is necessary - the attorney and the principal. The power of attorney to deregister a car does not have a limited form. It can be provided in printed or handwritten form. However, in each case the form contains the following mandatory information about the persons involved:
- Date of issue of the document, otherwise the document is not considered reliable. Its validity is limited to three years. Exceeding is unacceptable. If the document does not indicate the duration of use, then it becomes equal to one year;
- Last names, first names and patronymics of the owner of the vehicle and the person concluding a power of attorney to deregister the vehicle;
- Address of actual residence of the parties involved;
- Basic parameters of the car. Date and place of issue of the vehicle passport;
- List of procedures allowed to be carried out by an attorney.
In what cases is the form drawn up?
Today, there are many government agencies that monitor the condition of registered vehicles and their owners. Sometimes a car needs to be deregistered due to the end of its service life, moving to another country, or disposal of the vehicle. The legal owner cannot always contact the traffic police to carry out this procedure.
It is the absence of the owner due to leaving on a long business trip, being in the hospital, or a simple lack of free time that serves as a reason to seek help from friends, relatives or another citizen, for whom a power of attorney is drawn up.
The authorized person is entrusted with completing the deregistration of the car with the traffic police and performing the necessary related actions.
How to register from a legal entity?
The law does not offer a unified sample form drawn up for a company representative on issues of interaction with the traffic police; the text block is written in free form .
Contents of the power of attorney:
- the date and locality of registration of the form, without marking the date on the document, it is considered void (clause 1, part 1, article 186 of the Civil Code of the Russian Federation);
- information about the trustor company: name in accordance with the constituent documents, INN, OGRN, registration address of the enterprise, position of the employee who is authorized to sign the power of attorney (usually the director of the company), his full name and data from the passport, details of the organization’s Charter;
- the position of an employee vested with the authority to formalize the deregistration of a car, information from his identity card;
- list of acceptable actions;
- the name of the traffic police department where the application for termination of registration should be submitted;
- technical characteristics of the vehicle: make, model, VIN, model year, color, engine number, title number;
- validity period of the power of attorney (in the absence of a specific period, the legal force of the document is 1 year);
- the presence or absence of delegation of powers to a third party.
Power of attorney form for termination of car registration – word.
to the traffic police to deregister a vehicle from a legal entity – word.
Sample from an individual
A power of attorney can be issued to any capable adult citizen of the Russian Federation at the choice of the principal. Often this citizen is a person who has a driver's license.
The paper is handwritten or printed from a computer. You can write the text part yourself, and you can also fill out a form taken from the traffic police website or another Internet resource. A possible sample is available for download below.
To draw up a document on behalf of an individual, the content has several differences, namely information about the principal:
- full last name, first name and patronymic;
- details from the passport;
- date of birth and place of registration.
The rest of the form is drawn up in the same way; an order is written to appear at the traffic police office and perform the necessary manipulations to terminate the state registration of the vehicle.
power of attorney from an individual to terminate the registration of a car – word.
Procedure for deregistration of a car by power of attorney
- A car or a certificate confirming its inspection by the person in whose name the power of attorney is issued is provided;
- You must provide a package of necessary documents. It differs for individuals and legal entities;
- Registration occurs;
- A state fee of 500 and 300 rubles is paid in case of correction of errors and their absence, respectively.
The vehicle may be used within twenty days after deregistration.
General and special powers of attorney
These types are the most popular because they have wider functionality. It is defined by the Civil Code of the Russian Federation:
- Special. Allows you to carry out a number of procedures of a uniform nature. The time of their holding is limited by agreement;
- General. Has wider functionality. Allows you to perform a list of actions outlined in the document. A trusted person has the maximum possible list of procedures.