Documents for moving a car under your own power with TA Peregonshchik LLC

In what cases is it required?

According to the decree of the Government of the Russian Federation dated November 12, 2012, as amended to the traffic rules (clause 2.1.1), there is no need to provide a power of attorney to drive someone else’s vehicle to a traffic police officer . To drive a vehicle by a person who is not the owner, it is enough to give him a certificate of registration of the car and be sure to include it in the OSAGO policy.

But there are many situations in which it is necessary to present a power of attorney for a vehicle:

• actions for operation, maintenance and repair of cars;
• all issues related to insurance;
• registration and judicial procedures;
• commercial transactions with movable property;
• travel abroad.

The preparation of trust documentation is regulated by Article 185-187 of Chapter 10 of the Civil Code of the Russian Federation.

Document preparation

To have a document certified by a notary, the presence of both parties is not necessary, only the principal is needed.
The latter must have everything necessary with him, including a photocopy of the buyer’s (trusted person’s) passport. What you need to take to the notary office:

• passport of the car owner;
• passport (or copy) of the trusted person;
• vehicle registration certificate;
• car passport;
• money to pay for a lawyer.

The cost of certification is from 400 rubles.

Terms that are important in understanding the issue include:

• owner is a legal or natural person who has the right to dispose of property on the basis of title documents;
• owner - a citizen who has certain rights in relation to something for a period established by the owner.

In order to properly formalize the sale by proxy, the owner of the car and the buyer must visit a notary and provide him with their identification documents for the car. Among them are:

1. Russian Federation passports.
2. Power of attorney, if one of the parties is represented by another person. It must contain complete information on the passport (it is better if there is an original).
3. STS – vehicle registration certificate.
4. Vehicle registration certificate.

The document indicates the date of registration and deadline. As a rule, it is 3 years.

If a power of attorney is issued by transfer (the buyer sells the car to a third party), you should be aware that the power of attorney will not be valid without the presence of the first document. If it is cancelled, then the second one automatically ceases to be valid.

A power of attorney for a car can be issued in handwritten form. The problem is that the authorized bodies (State Traffic Safety Inspectorate) will not record the change of owner, but only the actual owner. For this reason, fines, transport tax, and liability for the vehicle will apply to the actual owner. Only registering a car with the State Traffic Safety Inspectorate will make it possible to legitimize the rights to movable property, correctly determining the responsibility for each of the parties.

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.).

The document is drawn up on a standard paper sheet. A handwritten power of attorney cannot be used; a printed form must be used. You can prepare the paper in one of two ways:

• by filling out all the fields yourself;
• by asking a notary for help.

We suggest you familiarize yourself with: Fraud with apartments by general power of attorney
A citizen is able to draw up a document himself, focusing on its sample (presented below). In this case, it is important to provide truthful information and carefully check the paper for errors and inconsistencies. It must indicate:

1. The date when the paper was issued, as well as the place of issue.
2. Passport details of the principal and the trustee.
3. Information about the car that will be disposed/acquired.
4. What powers does the trustee have in relation to the vehicle? In case of sale, the possibility of alienation must be specified.
5. Validity period (1 year if you skip this point).

Types of document, and what legal powers does it give?

There are three main types of vehicle trust documents:

• one-time;
• special;
• general.

One-time

Represents permission to perform a one-time action with a car . For example, this could be re-registration with the traffic police, driving him away from the impound lot, obtaining license plates, purchasing a compulsory motor liability insurance policy, and others. The document must clearly state the specific actions that are covered by the powers of the trustee.

Special

Grants the attorney the right to perform specific actions with the car on behalf of its owner for a certain period of time. Usually it is issued to order regular maintenance or represent the interests of the car owner in courts or insurance companies.

General

Grants the trustee full rights to dispose of and perform all actions with the vehicle, except for the right to draw up a donation agreement or will for this movable property. The document must be certified by a notary.

A properly executed general power of attorney means the transfer of the following rights and powers to the attorney from the owner of the car:

• driving;
• concluding car insurance contracts, including MTPL and CASCO;
• car rental, collateral, leasing;
• sale of a car on behalf of the owner;
• registration and deregistration of the traffic police;
• receiving compensation from insurance documents;
• making changes to vehicle documentation and registration documents;
• obtaining numbers and their duplicates;
• repair and maintenance;
• payment of fines and taxes;
• obtaining certificates and other auto-related documents.

The need for registration usually arises in cases where the car owner, for some reason, cannot independently resolve issues related to the maintenance or sale of the vehicle.

All actions under a general power of attorney with an entrusted car can be performed exclusively in favor of the principal and only with third parties.

What data and documents are needed

Before you buy or take possession of a car at a favorable price on the basis of a power of attorney, and not a purchase and sale agreement, you should take time and check it for the absence of fines, for the fact that the database contains stolen cars involved in criminal cases.

To do this, you can contact the traffic police or use the help of third-party organizations that provide such a service.

After verification, passports of the parties to the transaction and documents for the car are required. The further procedure is carried out by a notary, at the end of which the car and its documents (STS, PTS) are transferred.

Requirements

The deed of trust for a car can be executed in handwritten form, in simple written form. Another option is to fill out the prepared document form by hand or on the computer.

• One-time and special powers of attorney are drawn up, as a rule, without the participation of a notary and are confirmed by the signature of the principal.
• When registering a general power of attorney, it must be notarized.

It is recommended to prepare several copies of these documents, as they may be needed for submission to various public and private organizations.

Copies of the general power of attorney must be certified by a notary.

Role of the notary

A notary is an official who confirms that the sale of a car by power of attorney is legal. This also applies to other documents that he endorses with his seal if necessary. The seller may have a prepared form in which you only need to enter the necessary data by hand.

The second advantage of the participation of a specialist is the determination of the legal capacity of the principal. In case of controversial situations, his participation confirms the validity of the transaction and smoothes out the consequences of the acquisition.

We invite you to familiarize yourself with: Car donation agreement, notarization

According to the Civil Code of the Russian Federation, Art. 187 clause 3, when indicating the possibility of transferring ownership of a vehicle to a third party, a notary’s seal is required. At the same time, it is important to inform the owner before drawing up a transfer of power to a third party. Otherwise, responsibility for actions for it falls on the owner by proxy, which is a disadvantage or a side consequence of this type of agreement.

Contents and order of compilation

In general, the following information should be included in the trust documentation:

• date of issue, without which the document is not valid;
• Full name of the principal and his passport details;
• data about the vehicle – characteristics of the car (make, model, year of manufacture, color), information from the car’s passport and its registration certificate;
• Full name of the authorized person and his passport details;
• a list of permitting actions that are transferred to the attorney;
• a note about the presence or absence of the right of subrogation (if necessary);
• validity period of the paper;
• signature of the principal.

In cases of execution of a one-time and special power of attorney, the document is drawn up and signed by the principal and handed over to the authorized person. The General requires certification of the fact of transfer of rights to the car by a notary. In this case, you can draw up a document yourself, and then provide it to a specialist for certification, paying the cost of his services, or you can completely entrust the notary with the preparation of all documentation.

The presence of an attorney when drawing up trust papers is not necessary.

The procedure for drawing up a power of attorney for a vehicle:

1. determine the type of paper required;
2. fill out the appropriate form or write it by hand;
3. check the data with the original documents to avoid errors;
4. sign and, if necessary, have it certified by a notary;
5. hand over to a trusted person.

Content

When notarizing a sale by power of attorney, when contacting a specialist, you are given a form on which all the necessary information is printed.

If the recording is made by hand, the need to indicate:

• The date, place of registration of the paper with the day, month, year in capital letters.
• Full information about the principal: full name, date of birth, place of residence and registration, series, passport number, who issued it.
• Data about the car: make, model, license plate symbols, license plate number, year of manufacture, STS.
• List of powers granted: manage, arrange insurance, represent interests in the traffic police, monitor good technical condition, transfer.
• Validity.
• Signature of the principal, sample signature of the representative.

1. Form for filling out a general power of attorney.
2. Sample of filling out a general power of attorney.

Special cases of registration

For the use and disposal of a vehicle

A trust document with the right to use and dispose of a vehicle involves its execution in the event of transfer of rights to perform simple actions with the car - taking care of its technical condition, returning from a parking lot, and others. The list of powers is prescribed in the executed paper.

Representing the interests of the owner

A power of attorney with the right to represent the interests of the owner of a vehicle is usually issued when it is necessary to transfer the corresponding powers to another person to interact with an insurance company or other government authorities, due to the inability of the car owner to independently dispose of his car for some reason.

The permissible list of powers for an attorney is determined at the time of drawing up the document by the principal himself.

With the possibility of undergoing vehicle maintenance

A trust document with the right to undergo maintenance may be needed in situations where the vehicle owner is not able to personally present it for maintenance. The paper can indicate all actions with the car, including disposal, maintenance and repairs, or one targeted action limited by a time frame.

If the documentation provides for the right of an authorized person to delegate the powers assigned to him to another person, then it must be certified by a notary.

conclusions

Compilation does not take much time. In case of necessary evacuation, the power of attorney is filled out by the owner of the car on the spot.

If it is necessary to move a car, you should take care of this in advance, especially if the vehicle needs to be moved across the border of the Russian Federation. In this case, the power of attorney must be certified by a notary.

The need to issue a power of attorney to drive a vehicle for another person is no longer necessary, provided that it is included in the insurance policy. However, the document has not lost its relevance, since only the owner of the car can perform any legal actions with the car.

To carry out the transfer, take care of preparing the necessary documents in advance in order to avoid disagreements with customs authorities and the state road safety inspection along the route.

Didn't find the answer to your question in the article?

Get instructions on how to solve your specific problem. Call now:

+7 (499) 490-27-62 — Moscow — CALL

+7 — St. Petersburg — CALL

+7 ext.849 — Other regions — CALL

A power of attorney represents permission to drive a vehicle. The information indicated in the document and the need for certification by a notary depend on where and from where the car is being transported. Let's take a closer look at the details.

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 (Saint Petersburg)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

Types of power of attorney for a car

Depending on the purposes, there are 3 types of power of attorney :

1. One-time . Grants the right to only one action. Does not require notarization;
2. Special . Issued for a specific purpose. For example, buying a car, registering or deregistering it, obtaining insurance, and more. It must be certified by a notary;
3. General . Grants the trustee the greatest powers, including the possibility of selling the car, and must be certified by a notary.

powers of attorney for the right to use and dispose of a vehicle

An important component of the document is its duration. It can be set before a specific date or determined by an event that must occur (but not more than 3 years). If the validity period is not established by the document itself, it is determined by Article 186 of the Civil Code of the Russian Federation :

1. 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;
2. A power of attorney certified by a notary, intended to perform 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.