Who can deregister a car?
In accordance with the Civil Code of the Russian Federation (namely, Article 185 part 1), the owner of movable property has the right to draw up a power of attorney to deregister a car from the traffic police in simple written form for any citizen over 18 years of age. It is also advisable that the person in charge has an idea of how the procedure for deregistering a car with the MREO occurs. Otherwise, the law does not provide any restrictions.
If a general power of attorney is drawn up by a person who has legal status, then for him the second party is most often his subordinates. But this is not considered a prerequisite, nor is knowledge of the law. And therefore it can be ignored.
In what cases is a proxy needed?
There are rules that cannot be ignored. According to the regulations of the Ministry of Internal Affairs, the driver has the right to draw up a power of attorney to deregister a car in the following cases:
- Sale of a vehicle;
- Cancellation of car registration due to its destruction (this also includes scrapping the car);
- Vehicle theft;
- Removal of movable property outside the country.
It is important to know! Based on this, it turns out that using a general power of attorney, you can deregister a car under any circumstances provided for by the law of the Russian Federation. This means that such a document gives a person the same powers that its direct owner has.
In addition to the age of majority, the only conditions for the responsible person include his legal capacity. Indeed, according to the traffic police regulations, issuing a certificate for a citizen who does not have the opportunity to independently exercise his rights is strictly prohibited. The social status of the guarantor and the presence or absence of a driver's license do not affect the preparation of the form.
Power of attorney form
Whatever the power of attorney, the law does not provide for a specific form for it.
Accordingly, such a document can be drawn up in any form, either manually or using computer technology and instruments. In addition, there are several ways to execute this trust document. So, you can always download a prepared form and sample on our resource, which will allow you to draw up this power of attorney in a high-quality manner. And the second method of registration is in the presence of employees of a notary’s office, which, as a rule, provide letterheads for drawing up such documents.
( Video : “Everything about drawing up a power of attorney”)
In what cases is it compiled?
Very often, many citizens, in particular novice drivers, wonder why a power of attorney is needed to deregister a vehicle. And the whole point is that thanks to such a paper, your intended representative will always be able to perform legal actions before third parties on your behalf. After all, you must admit that there is not always enough time or opportunity to be in several places at the same time. And with the help of an appropriate power of attorney, the attorney has the right to:
- register and deregister the car of the current owner;
- undergo technical inspection;
- re-register a vehicle;
- manage various insurance documentation and so on.
It should also be noted that the current legislation, namely the Civil Code of the Russian Federation, allows absolutely every adult and capable citizen of this country to act as a proxy.
In addition, it is strictly necessary to deregister a car in the following situations:
- when the vehicle was reported stolen;
- in the case when the car is awaiting disposal;
- when the vehicle soon involves moving through border services to the owner’s permanent place of residence;
- upon termination of the leasing agreement.
In the event that, after the sale of the vehicle, the new owner has not registered the car in his name within the agreed time frame, the former owner must promptly contact the State Traffic Safety Inspectorate and remove the car.
Also, if previously such documents required notarial intervention, today this procedure is not strictly necessary. But this does not mean that the participants in the document will not want to confirm the legality of all actions.
( Video : “How to issue a power of attorney”)
How the procedure works
In order to issue a power of attorney to deregister a car with the State Traffic Safety Inspectorate according to the generally accepted model, the current owner must follow certain steps. They are quite feasible for any person:
- Collect a complete package of documents;
- Notify the other party to the agreement about the place and date of the meeting;
- Appear with the guarantor at the law office;
- Fill out the form based on the passports of the current owner of the vehicle and the responsible person;
- Sign the paper and receive a notary stamp.
Having such a certificate in hand, the authorized representative can easily carry out the procedure for removing the car from state registration, subject to compliance with the internal regulations of the MREO.
Required documents
To certify the general agreement between the vehicle owner and the guarantor, the notary must provide:
- Passport of the responsible person;
- Identity card of the vehicle owner;
- Vehicle PTS.
In fact, this list of documents is considered the most extensive, and therefore for limited types of documents it can be somewhat reduced.
Required package of documents
There are several reasons why the vehicle owner decided to deregister his car. For example, if the owner of the car decided to move to live in another country or it was decided to dispose of the car. At the same time, when the state registration is reset, all license plates are confiscated.
In order to deregister a car with the traffic police by proxy as quickly as possible, you must present the vehicle or an inspection report from a specialized service center. It is also necessary to submit a certain list of documentation, which should be prepared before submitting the application.
An individual deregistering a vehicle by proxy must have with him:
- Passport of a citizen of the Russian Federation;
- Vehicle technical passport;
- Registration document for the vehicle (Certificate);
- Power of attorney from the owner certified by a notary.
Moreover, if the owner is a legal entity or company, then the power of attorney must be issued by the company that owns the vehicle.
Usually, for faster collection of documentation, motorists turn to professional auto lawyers. You will also need to pay a state fee of three hundred rubles.
When the package of documents has been collected, you can submit an application for registration of the application by proxy. This whole process will take about an hour; for faster deregistration, you should hire a car lawyer.
Remember that after the vehicle is discharged from the state traffic police database, you have the right to use it only for 20 days on the territory of the Russian Federation. Then you need to dispose of the car or take it to another country if it was sold there.
Power of attorney for deregistration
The power of attorney form for deregistration of a car with the traffic police is a handwritten agreement drawn up in a generally accepted form. Depending on the type, such a certificate can give a citizen not only limited powers, but also give him complete freedom of action in relation to the vehicle. We will consider below what examples exist in the regulations of the Ministry of Internal Affairs.
Kinds
According to the list of powers granted, a power of attorney is divided into two main types: legal and physical. But based on the duration period, this document can be:
- Disposable (issued to the responsible person for a specific purpose);
- Special (issued for a specified period during which the guarantor can carry out only the same type of operations in relation to movable property);
- General (has no expiration period and gives the second party to the contract the same powers as those provided for the direct owner of the vehicle).
It is important to know! Depending on the type of certificate chosen, the cost of notarization will vary significantly. It is impossible to carry out such a procedure for free.
The procedure for deregistering a vehicle with the traffic police by proxy
So, all authorized representatives have been found, let’s find out what to do next. Let's present a step-by-step action plan if the owner decides to transfer his authority to deregister the car to his representative:
| Draw up and sign a power of attorney | It is necessary to take into account the basic registration rules (depending on the grounds for deregistration of the car, indicate all the necessary actions that can be performed by an authorized representative) |
| Collect the necessary documents for registration | To present it to the traffic police, in addition to your passport, you will need:
Additional forms and forms may be needed; you can check this with the traffic police officers in advance. |
| Fill out an application to deregister a vehicle | The approved form of the form is used; it can be downloaded on the official website of the department and come to the inspection with the completed form. Or the document is drawn up directly at the institution where they applied for deregistration. It is necessary to indicate that the applicant acts as an authorized person under a power of attorney. |
| Contact the territorial division of the traffic police | It is necessary to go with the required set of documents on business days and hours of the institution. All forms and the car (if any) are submitted for verification by an inspector to ensure the accuracy of the information provided. In addition, a citizen can submit an application through the State Services portal. In this case, you can choose a convenient day and time, and go to the department on the appointed date. Thanks to electronic registration, there is no need to stand in line. |
| Issuance of deregistration document | After the inspection, the inspector makes appropriate changes to the PTS and issues transit numbers (if the car is exported outside the Russian Federation). |
Car inspectors will check not only the documents, but also the driven car. The license plates on the engine and body must be checked, so it is better to wash the car in advance so that the inspection officer can find the necessary information at the inspection site without any problems.
Sample design
The downloaded power of attorney form to deregister a car with the State Traffic Safety Inspectorate is filled out exclusively by hand and submitted in writing to a notary representative. It is not necessary to write information in such documents in printed font. Regular handwritten text will also work. The main thing is that the certificate is readable. If this condition is met, the lawyer will put his signature, which will give the completed paper legal force.
For individuals
Any type of agreement for the transfer of the right to cancel the registration of a car in the MREO to a third person is filled out according to the uniform standard provided for individuals. This form includes the following data:
- Date of drawing up the power of attorney, name of the legitimizing authority;
- Initials, date of birth and region of registration of the current owner of movable property;
- Vehicle data (model, make, year of manufacture, state number and VIN code);
- Validity period of the document (not indicated in all cases);
- Full name and actual place of residence of the representative.
Additionally, the form must include a signature and indicate the possibility of re-issuing the power of attorney to third parties. Without the listed notes, the paper will not be considered valid, and it will definitely not be possible to sell a car using it.
For legal entities
For legal entities, a sample power of attorney for deregistration of a car is drawn up in approximately the same way as for citizens with physical status. But this type of certificate must also contain extended data. Namely:
- The city where the contract was concluded;
- The name of the organization acting as the principal (the address of the company and its state registration number are also indicated);
- Initials and position of the person responsible;
- A list of responsibilities and powers that the document confers on the representative;
- The full name of the traffic police department where the guarantor will carry out procedures in relation to the vehicle transferred to him;
- Characteristics of movable property (model, make, year of manufacture, color, body and engine numbers);
- Duration period of the contract.
It is important to know! Just like a physical power of attorney, the legal document requires a statement that it cannot be passed on to third parties. For notarization, the drawn up paper must be secured with the signatures of both parties.
Who can act under a power of attorney?
We have already written before that in order to deregister a vehicle, it is necessary to devote a lot of time, money and morale - after all, any official procedure involves long lines and other unpleasant situations. That is why busy drivers resort to issuing a power of attorney for another person. At this stage, the question often comes up: who can deregister a car by proxy?
In general, there are no restrictions on choosing a proxy; accordingly, absolutely anyone can act for him. As a rule, a close person (relative, friend, etc.) is chosen as a representative before the traffic police authorities, who at the time of performing certain operations has a driver’s license, and is also familiar with all the procedures for deregistering a car.
Civil Code in Art. 185 presupposes certain criteria that should be followed when choosing a trustee. They may be a legally competent adult citizen - this is the only requirement when choosing a representative.
If a vehicle of a certain organization is deregistered, then a full-time employee is appointed as an attorney.
How to draw up a power of attorney to deregister a car in 2021
All official documents require proper execution, and a power of attorney to deregister a car is no exception. Only such a document will be considered valid from a legal point of view, and accepted for consideration by the traffic police. In order to avoid mistakes when drawing up a power of attorney, we recommend that you carefully read the general rules of this power of attorney and its accompanying nuances.
Do I need to notarize a power of attorney?
We have already considered the question of whether it is possible to deregister a car using a general power of attorney. Now is the time to move on to another interesting question about the need to legalize a certificate from a lawyer. After all, such a procedure requires additional funds, and therefore many drivers want to save on it.
But from the point of view of the law, such a possibility is completely absent, since a form drawn up in accordance with all the rules will not become valid without the signature of a special representative. This means that the guarantor, in case of failure to comply with these powers, will not bear any responsibility.
Based on this, it turns out that simply downloading a contract from the Internet and filling it out in accordance with the generally accepted template is not enough. If notarization is ignored, both parties may face serious problems, which are not always limited to a fine or loss of a driver's license.
