The owner of a vehicle has the right to transfer the right to drive it to another citizen on the basis of a power of attorney. This issue is especially relevant when a legal entity owns a car, and the right to drive is given to an employee of the organization.
In this case, the owner, a legal entity, will be registered in the technical passport, and the driver will have a power of attorney confirming the fact that he is allowed to use a company car. The document is drawn up in free form, but the issue of transfer is strictly regulated by current legislation.
Why do you need a power of attorney to drive a car?
The right to drive itself is transferred to the driver on the basis of the data specified in the MTPL insurance policy, but the functions of the power of attorney have expanded powers. Transfer of a car by power of attorney on behalf of a legal entity applies under the following circumstances:
- if necessary, represent the interests of the owner in certain moments specified in the document;
- carry out car repairs;
- undergo technical inspection;
- respond in case of an accident;
- cross the border of the country, etc.
If the organization does not assign functions other than driving a car to the driver, then it is enough for him to have with him:
- driver's license;
- vehicle registration certificate;
- MTPL policy with the driver’s data entered in the appropriate fields.
Power of attorney to drive a car from a legal entity
It is not necessary to issue a power of attorney to drive a car . The current legislation does not stipulate the need for a document. Previously, the Traffic Rules contained the need to fill out a documentation form if the transfer was carried out without the owner of the car.
However, on November 24, 2012, Government Decree No. 1156 of November 12, 2012 . It excluded paragraph 4, subclause 2.1.1 from the traffic rules. clause 2.1 , which recorded the need for paper confirming the fact of transfer of rights to drive the vehicle.
Today, a citizen is required to have with him :
- driver's license or temporary permit to drive a car;
- registration certificate;
- registration certificate;
- OSAGO policy.
The driver must be included in the motor insurance policy . Failure to comply with the rule will result in a fine. Its size is reflected in Article 12.37 of the Code of Administrative Offenses of the Russian Federation and is 500 rubles. The rule applies if insurance has been purchased for a limited number of persons.
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Types of powers of attorney and their differences
According to their purpose and list of powers, there are three types of power of attorney:
- One-time . It is drawn up in simple written form without notarization. Grants the right to a specific person to perform a certain action, for example, to drive a car.
- Special . Issued for an extended list of actions when, on behalf of a legal entity, an authorized person is entrusted with performing operations related to vehicle registration, deregistration, and others, the list of which is listed in the power of attorney. In most cases, it requires notarization.
- General . An extremely unpopular type of document, since they transfer all powers regarding the movable property of the organization. A person who has a general power of attorney can dispose of the car at any time, up to and including its sale. Therefore, the head of a legal entity prefers to issue a special power of attorney, which will limit the citizen’s rights to a strict list of actions.
An organization can draw up a trust document on a regular piece of paper or letterhead. In any case, it will have legal force and can be presented to the police inspector at his request.
Do I need to issue a power of attorney to move a car?
Currently, a written authorization is not required to drive a car.
Executing a power of attorney for driving is a necessary condition in case of purchasing a car outside the territory of the Russian Federation and crossing it.
A mandatory requirement is notarization to avoid refusal of entry by customs authorities.
To draw it up, go to a notary office with an identity document. The text of the power of attorney, in addition to the ability to manage it, includes the preparation of insurance, customs and other documents.
We also offer to download power of attorney samples:
Sample from a legal entity
There are cases when it is necessary to draw up a power of attorney to drive a car belonging to an organization.
The trust document from a legal entity indicates:
- date and place of issue;
- information regarding the owner of the vehicle. In a power of attorney from a legal entity. of the person, the organization acts as the owner of the car. Information about the person representing the company must be indicated;
- information about the authorized person;
- a list of actions performed by the principal within the paper being formed;
- information about the vehicle;
- validity;
- signature.
If the trust form does not indicate its validity period, then in accordance with the Civil Code of the Russian Federation such period is considered equal to 1 year. A mandatory requirement for any type of power of attorney is to indicate the date of its preparation. A form without a date of completion is void.
If a notarized power of attorney is issued to carry out actions to transport a car abroad, such a document is valid until the owner of the car revokes it.
to transport a car from a legal entity – word.
Form from an individual
The main provisions regarding the execution of a power of attorney are contained in Art. 185 of the Civil Code of the Russian Federation. The document is drawn up in simple written form.
To prepare it, you can use a special form, otherwise you can fill it out in handwritten form on a blank sheet of paper.
Filling out the power of attorney point by point
Document preparation begins with the preparation of original documents. All data in the power of attorney must strictly comply with the information from the following documents:
- charter papers of a legal entity (vehicle owner);
- TIN and OGRN of the organization (vehicle owner);
- identification card of the individual for whom the power of attorney is issued;
- technical passport for the car;
- registration certificate of vehicle registration.
The following items must be completed in the trust document:
- Place of registration (indicate the name of the locality).
- Date of execution of the document in words. According to Article 186 of the Civil Code, a power of attorney without this date is considered void.
- Information about the organization and its leader, as well as data from the document on the basis of which it operates.
- Vehicle data indicating all required characteristics and identification numbers.
- Information about the registration certificate (series, number, date of issue).
- Personal data of the authorized person in strict accordance with the identity document.
- List of powers vested in the trustee within the framework of this document.
- Validity period in words.
- The possibility of reassignment is indicated (permissible only if there is such a right in the initial power of attorney).
- Signature of the head of the organization indicating his position and decoding of the signature.
- The document should be sealed if the legal entity has one.
An approximate list of the most common actions that are permissible to perform under a power of attorney is as follows:
- driving;
- carrying out registration actions in relation to the car;
- concluding a compulsory motor liability insurance agreement with the selected insurance company;
- possibility of driving a car across the country;
- the right to pick up a vehicle from the impound lot;
- representation in court in cases related to road accidents, etc.
You should strictly adhere to the points of the document without abbreviating them.
A vehicle may belong to several legal entities. In this case, the details of all of them are indicated and the power of attorney is certified by the signatures of the heads of each of the organizations.
Notarization is not required if the document is not a general power of attorney.
Form and sample power of attorney for a car from a legal entity
The power of attorney form from a legal entity can be filled out either on a standard form or drawn up in your own hand. Each title, name or location is reflected correctly and in full. No corrections, additions or even changes in ink color are permitted.
Mandatory details when drawing up a power of attorney to drive a car on behalf of a legal entity are:
- Passport of the authorized person. If the driver is the director of the company, he must issue himself a document giving him the right to drive the car.
- Details of the organization that owns this vehicle. If the property is owned by more than one legal entity, data for each organization is entered and signatures are placed.
- Documents confirming the ownership of the car.
- Information about the car: registration number and identification number, date of issue, certificate of registration with the road inspection, car passport, make and color, engine number.
The text contains a list of all powers transferred under this transaction. The owner of the vehicle indicates in words the period of their validity.
Among the specified powers are the following:
- the right to drive for the period limited by the document;
- use of property within the agreed framework;
- customs clearance;
- registration in the traffic police database;
- the right to drive a car;
- taking steps to obtain insurance;
- carrying out technical inspection;
- the right to pick up a car if it is in an impound lot;
- participation in legal proceedings if the car was involved in a road accident.
When drawing up a document, the presence of the individual to whom this movable property is transferred is not mandatory.
Nuances
Under constant circumstances, the power of attorney is valid for the entire period specified in it or for a one-year calendar period. But there are a number of reasons when it loses its legal force ahead of schedule:
- refusal of a trusted person to use the car or his dismissal if he is an employee of the organization, as well as his death or recognition as missing;
- revocation of the document by the owner of the vehicle;
- termination of the existence of the organization that owns the car as a legal entity;
- changing the passport details of the authorized person;
- information about the vehicle has changed, etc.
Driving a vehicle without authority vested in ownership or a power of attorney is a violation of the law. Therefore, it is necessary for a legal entity to register it in order to avoid problems with law enforcement agencies.
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Power of attorney for moving a car
Since now a written authorization to drive a vehicle is no longer required, if a car is purchased in the name of the principal, the representative has the right to drive it, provided that it is included in the insurance policy. It is necessary to issue a power of attorney to move a car only if it was purchased on the territory of another state and crossed the Russian border. In this case, the document must be certified by a notary, otherwise customs authorities will prohibit entry into the country .
Let us expand on the item on information related to the characteristics of the vehicle. The following information is required:
Power of attorney to drive a car from a legal entity: sample form and filling procedure
The power of attorney does not have a strictly regulated form and is drawn up in any form. To issue a power of attorney to drive a car on behalf of a legal entity, it is necessary to reach an agreement between the parties. The principal must have the entire package of documents for the car.
The authorized person must have a driver's license and a passport of a citizen of the Russian Federation. In some cases, certificates from a narcologist or psychiatrist about the driver’s health condition are required.
Samples of powers of attorney can be found in specialized legal literature, purchased in stores, or downloaded from the Internet. A power of attorney to drive a car from a legal entity, the form of which is presented below, must contain the required details:
Let us expand on the item on information related to the characteristics of the vehicle. The following information is required:
- state registration number;
- car make, model;
- information about the vehicle release date;
- information from the vehicle passport (PTS);
- engine make with assigned number;
- chassis - number;
- body number;
- car color;
- VIN number;
- and other special information (availability of gas equipment, etc.) from registration documents.
The structure of the power of attorney is arbitrary.
you can use a power of attorney for a car from a legal entity here.
What to consider when filling out a power of attorney to drive a car
When drawing up a power of attorney, certain nuances should be taken into account. In cases where a trusted person violates traffic rules, his full responsibility for paying fines should be provided. Otherwise, fines will be billed to the owner of the vehicle - a legal entity.
The power of attorney should indicate the possibility or impossibility of the principal transferring the car to third parties (group of persons).
In cases where the car is damaged or broken due to the fault of a trusted person, a clause should be written down regarding the responsibility for its repair and restoration at your own expense.
The duration of powers of attorney is limited to a maximum term of three years. It is advisable to indicate in the document the specific validity period of the power of attorney (less than three years). Drawing up a new power of attorney will not be difficult and will not take much time.
Persons for whom a power of attorney can be issued
Legal entities can issue powers of attorney to drive a car, both for their employees and for third parties. It is advisable to formalize the departure on a business trip in your employee’s company car in accordance with all the rules with the issuance of a power of attorney. This will help avoid unnecessary problems with traffic police officers on the roads.
It is also advisable to arrange transportation of employees by official transport with the issuance of a power of attorney.
It is illegal to drive someone else's car without a power of attorney. To avoid unnecessary problems on the roads, legal entities issue powers of attorney through notary offices.
The cost of notary registration is determined by the current price lists in the regions. A state fee is also paid for such actions.
A power of attorney for a car helps organizations avoid unnecessary complications.
A power of attorney may lose its force before the end of the period specified in it for a number of reasons, such as:
