Due to the negligence of the car owner or due to the intentional actions of third parties, the car passport, which is the main document of the vehicle, may be lost, stolen, and so on.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
+7 (499) 938-81-90 (Moscow)
+7 (812) 467-32-77 (Saint Petersburg)
8 (800) 301-79-36 (Regions)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
To restore the PTS, you must provide a certain list of documents to the registration department of the State Traffic Safety Inspectorate and pay a state fee.
Do you need a power of attorney to receive a duplicate PTS and how to issue it if necessary, read on.
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?
Sample power of attorney for the traffic police
There is no need to come up with it on your own; it is written or printed according to the accepted unified form on a standard form. You can find it on the traffic police website and other electronic resources, as well as at special stands in the department itself.
The application can look different - like a form where the owner selects his reason for applying from a list, or like a more empty document where most of the information is entered.
- information about the owner of the car or his representative (passport details, Taxpayer Identification Number, telephone number);
- information from the vehicle title (make, technical information, VIN number, etc.).
If there are other fields in the application, you do not need to fill them out; this is done by the registration service employee.
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.
In what cases is it necessary
Many people confuse replacing a PTS with issuing a duplicate. When a passport is replaced, it is assigned a new number and changes are made to the content; often the old document is attached to the new one. A duplicate is a complete copy of the original, but with the appropriate marking.
Therefore, it is necessary to change the passport, and before the purchase and sale transaction is completed, since it is carried out with a valid vehicle title.
A power of attorney today allows you to carry out a wide range of actions. According to the law, various registration operations of legal significance, including obtaining documents and registration, require authority.
It is the owner of the car who has the right to carry out the procedures. At the same time, it is important to note that the registration process itself can also be carried out by another person. But for this you need to issue a special power of attorney.
In the absence of one, it will be impossible to implement the process. According to the law, the presence of the owner himself and his documents or a general power of attorney is required in the following cases:
- Carrying out registration actions with the car - including replacing documents such as STS and technical equipment passport;
- deregistration or registration with the traffic police;
- sale, purchase;
- obtaining a diagnostic card;
- registration of a compulsory motor liability insurance policy.
Today, it is not always possible for a car owner to carry out all the above actions on his own. The reason for this may be lack of enough time or something else.
It is best to familiarize yourself with all the subtleties in advance. This will prevent various problems. And also delays.
Today, you can use a vehicle even in the absence of the owner without a power of attorney; the need for one has disappeared. Instead, it is possible to provide traffic police officers with a valid MTPL policy where the driver is registered.
Moreover, for the absence of an MTPL policy or if there is a policy, but the specific vehicle manager is not included in it, a fine is imposed. In the amount of 800 rubles.
Accordingly, a power of attorney for a car is now required for registration actions, including obtaining a new title. When using a car, it is no longer needed.
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.
How to sign up through State Services
Modern technologies have finally penetrated into the public sphere. Of course, not everything is so smooth there, but this is already noticeable progress that has made life easier for more than one person.
- Register on the site (if this is your first visit) or log in to your account.
- Find the required service: go to the “Transport and Driving” section on the main page, there select the item on registration of motor vehicles. In it, click on the “Change registration data” item, and a final window will open in front of you, in which you select the second item. The second option is to enter “Change vehicle owner data” into the search bar on the main page.
- On the page that opens, the amount of the state duty will be indicated and the documents required to obtain this service will be listed. To register for it, in the “How to get the service?” block, select – personal visit to the department.
- After that, click “Make an appointment” and follow the site instructions to complete the procedure.
After this, your personal account will receive a response to the application and a receipt for payment of the fee, which will be with a 30% discount if you pay it online.
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:
Procedure for registration
- Making an appointment with the traffic police - the larger the city, the longer the queue at the registration authorities; sometimes the next window for making an appointment may be in 2 weeks. The procedure is available in two ways - through the State Services portal and by a special phone. You can, of course, drive up to the traffic police station in person, but only if you live nearby, otherwise there is no need to waste your time.
- Write an application and prepare a package of documents, not forgetting photocopies. The application can be written at the traffic police department itself, but its sample is freely available, so it is more convenient to do it in advance so as not to waste your time later. You can also fill out an electronic application on the State Services website and submit it for consideration.
- Pay the state fee for replacing the vehicle title. If you filled out an electronic application, then after verification you will receive a receipt for payment by email. At the same time, payment through the portal will cost you 30% less. When filling out the application manually, the fee can be paid at the registration office or any bank.
- You should come to the traffic police office at the appointed time with the payment receipt and documents (you must have the originals and preferably copies with you). If there was an electronic recording, an inspection employee will call you at the appointed time, so it is better not to be late. For other types of appointments there will be a separate queue in which you may not get into the office at the appointed time.
- Submit the documents to the registration window and wait after they are verified for the issuance of a new PTS, if everything is in order. Perhaps the inspector will ask you to bring additional papers, which will delay the process for several days.
When issuing a new PTS, the old one is torn by the traffic police officer to prevent further use. In the “Special notes” column on the new passport, write “Issued as a replacement for PTS No. (old document number).”
But, as mentioned above, it is not always possible to get an appointment quickly, so it is worth making an appointment in advance and then going to change your documents.
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.
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.
How much does it cost to replace a vehicle title in 2018?
But within 2 years (2017-2018), if you re-register the PTS through the public services portal, the cost will be 30% less -.
Making changes to the title (concerning changes in the characteristics of the car, its color, etc.) costs less - accordingly.
And for a legal entity, this procedure takes even longer. Because of this, the services of intermediary companies have become popular; they prepare all the documents, pay the state fee and perform other actions, and you receive a ready-made new vehicle passport.
City | Price for individuals, rubles | Price for legal entities faces, rubles |
Moscow | 3500-4500 | 5000-6000 |
Saint Petersburg | 3500 | 5000 |
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.
Error in filling
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).
We invite you to read: Money as a gift
2. This power of attorney is issued before the car is registered, so it is quite possible that you will not have the necessary information to fill out some of the columns of the third part. Such fields should be crossed out.
For example, a state registration plate and a vehicle registration certificate are issued only after the registration of a new car.
3. Print out the power of attorney in two copies. A second document may be required if the traffic police want to keep a copy of the power of attorney for themselves.
Separately, I would like to draw your attention to the fact that all documents, especially in electronic form, must be filled out carefully and correctly, otherwise there is a risk of making an error in the issued PTS.
Therefore, when receiving a document, you should carefully study it, and only then sign for receipt. Your signature indicates that there are no errors in the document and, accordingly, no claims against the registration authorities.
But when the error was discovered later, the procedure for replacing the PTS will have to start from scratch, paying again for the services of the traffic police.
But if the mistake was made not by you when submitting the application and documents, but by the MREO employees, you can write a statement to their manager with a request to correct the unfortunate incident and issue a new title without errors.
Sometimes this option is quite effective. Of course, if you refuse, you can contact higher authorities, but in some cases, 800 rubles is a smaller waste compared to the red tape that may begin.
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.
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 89
Share this post
- Related Posts
- How I calculate Northern
- One-time Payment from Maternity Capital in 2020
- Payments to a military personnel after 10 years of service during which time
- Additional payment to the pension of Chernobyl survivors who retired in 2021
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.
Where can I get help replacing my vehicle title?
In Moscow and St. Petersburg, the number of cars and, accordingly, their owners is quite large, which creates difficulties when traveling to the registration authority.
Many working people do not want, and cannot, set aside a day to process a replacement vehicle title, much less an increased amount of time.
They will prepare the entire package of documents, pay the state fee, get in line (and some suggest doing this at any traffic police department within 24 hours after applying, which is impossible to register there on your own), and the owner will arrive to complete the procedure for replacing the passport.
If you wish, you can issue a one-time power of attorney to perform the registration action, and not appear at the traffic police department at all.
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.
Do I need to notarize?
Separately, it should be noted that it is often necessary to carry out certification by a notary.
It is important to remember that in this case you will need to bear certain expenses of the following plan:
- payment of state duty;
- payment for the technical work of the notary himself.
But at the same time there are a large number of positive aspects. First of all, this concerns the legal force of the power of attorney. Certified by a notary, it will have the force of a writ of execution.
Accordingly, with any impound parking, private or public, problems simply should not arise when receiving a car.
As a result, having a power of attorney will avoid the need to provide some other documents at the impound lot. For example, title deeds. Often, just a passport and a power of attorney are enough.
Again, it is important to remember that often impound parking lots are maintained by private owners. Which do not always comply with legal norms and requirements.
If this is not possible for some reason, then it will be necessary to go to court at the place of registration of the defendant.
It is in order to protect your own rights that you should familiarize yourself with all legislative norms. This way you can avoid many difficulties and problems.
The notary bears some responsibility for the correctness of the document. It will also help you draw up an application for a PTS. There are no specific deadlines set for this.
We invite you to read: Taking maternity leave during pregnancy, calculation of payment and length of service
But you should know that drawing up a sales contract or other documents is impossible with an out-of-date title. It will also be possible to restore the document by power of attorney.
Payment of the state duty for issuing PTS is covered in the article:
state duty for issuing PTS in 2021
.
Where to find the date of issue of PTS for compulsory motor insurance, read here.