When preparing documents, it is not at all necessary to act independently; you can use the services of a representative. But in order for an outsider to have the right to represent another person, a power of attorney must be drawn up in his name. You also need a power of attorney to drive a vehicle that is owned by another person. This way, all parties can make sure that the small car is not stolen, and the person sitting behind the wheel has full legal right to drive it. Moreover, it does not matter in whose name the power of attorney is issued - a relative or a stranger.
Previously, traffic police inspectors requested the document in question when stopping on the road, but recently there has been no such risk. This makes some drivers think that they do not need to obtain a power of attorney to operate a transport vessel. As an alternative, it is believed that you can get by with an insurance policy that includes the names of several people who have the right to drive the vehicle. Of course, inclusion in insurance is important, but driving a car without a power of attorney for this is completely irrational. There are still many situations in which the lack of a power of attorney to drive a vehicle can only hinder and deprive the driver of many rights.
Power of attorney to drive a vehicle: what is it and what are its features?
This is a legal document, the parties to which are the principal (the person transferring powers) and the representative (the person who receives these powers). The principal can always revoke the issued power of attorney. For the transaction to be successful, it is important that both parties prove their legal capacity and are of legal age. When a vehicle is transferred to an authorized person, the power of attorney to drive the vehicle must be legalized by a notary. This will give it legal force.
A power of attorney is a unilateral document. The principal can revoke his legal template at any time, and then the principal will lose all his rights, including the ability to drive a car. The vehicle will become legally inaccessible to the trustee.
Not only an individual, but also a legal entity can act as a principal. If an organization transfers a power of attorney so that a person can drive a vehicle, it is necessary that the sample bear the company’s seal. This makes the form legally strong.
A power of attorney can grant the rights to drive transport to several persons at once. Such powers of attorney are considered multi-party and do not affect the powers of individual recipients.
A power of attorney for the right to drive a small car may be needed in different cases. Situations when it is impossible to do without the document in question can be listed endlessly, but there are circumstances when a power of attorney is required.
So, a transport type of power of attorney to drive a car should be issued if a person needs to pick up a car that has ended up in an impound lot. This can be done by the owner, who does not need a power of attorney for this action, but if the owner does not have such an opportunity, a person who has a power of attorney for the car can perform the action in question. Otherwise, the impound lot workers will not even have the right to show the vehicle, let alone hand over the keys and let you out of the fenced area. The applicant must have the right to dispose of the car, and this right is given by a power of attorney.
Also, without a power of attorney, you cannot take out MTPL insurance for a car. Since insurance is vital for the safe operation of a vehicle, it should be taken out as quickly as possible. This can be done either by the full owner of the car, or by a person who has a power of attorney to drive it. But you can’t drive without insurance, since its availability is almost the first thing that traffic police officers will check.
Also, without a power of attorney to drive, you will not be able to take duplicate registration numbers, PTS, deregister the car, drive it to another country, or even undergo a basic technical inspection. Therefore, if you plan to transfer the car to another person without the fact of its sale and re-registration, then the fastest and most reliable option would be to simply issue a power of attorney.
Do you need a power of attorney to drive a car in 2021?
In 2012, the requirement for the mandatory execution of a power of attorney, which allows third parties to drive a car, was abolished. In this regard, many are confident that this document can be dispensed with altogether. However, this is a general misconception. In 2020, you do not need a power of attorney to drive someone else's car. But you can’t do without it when applying for an insurance policy, passing a technical inspection, or picking up a car from a parking lot.
So, if you carefully study the amended traffic regulations, you will see that in the list of documents that the driver must have, there is no power of attorney. Thus, a traffic police officer, having stopped a car, does not have the right to demand this document even if the owner is not the driver.
Of course, the power of attorney is becoming a thing of the past, but it cannot be said that this document is not needed at all. Don’t be confused, you just don’t need a power of attorney to drive, but in some situations you simply can’t do without it. For example, it will not be possible to obtain a duplicate number, issue a compulsory motor liability insurance, and perform a number of other actions.
When you can not issue a power of attorney to drive a car
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.
Types of powers of attorney
This transport document can be simply written, although a printed version will also have legal effect. The paper has a free form of writing, but several rules must be followed, depending on the type of power of attorney that was chosen to transfer the right to drive a car. A power of attorney is considered a legal document, which has several varieties, distinguished by the form of the form. The most common classification divides documents into those issued by individuals and legal entities.
But there is another common classification, according to which all powers of attorney for a vehicle can be divided into the following categories:
Disposable
This is a form that can be used only once for a specific occasion. It is drawn up by hand, and often does not even need notarization.
Special
Allows a person to use a vehicle on a permanent basis. The vehicle does not become the property of the driver, but he can use it during the specified period.
General
The transport type of general power of attorney allows you to use the car practically as an owner. The rights of a trustee are not limited in any way. The authorized person can even make various transactions with the car (sale, donation, etc.), and not just drive it.
What specific type of power of attorney will be issued depends on the wishes of the principal and the consent of the trustee. Each type of form gives different rights to the person behind the wheel. If the owner entrusts his car to another for a short period, it is more profitable for him to issue a one-time power of attorney, but if he transfers the car into full ownership, it will be more rational to issue a general power of attorney.
What rights and obligations does a power of attorney give?
Driving someone else's vehicle without a power of attorney form is quite a risky business, as you can get into trouble. But when drawing up a transport form of power of attorney, it should be taken into account that some nuances should be particularly highlighted, paying attention to the information presented in the form.
For example, indicate that the authorized person will be able to deviate from the points indicated in the text of the power of attorney if the need arises (it was not possible to contact the principal in time). Write down that the authorized person can transfer the right to drive a vehicle to a second person by also issuing a power of attorney for him. Indicate that the authorized person can perform legal actions with the vehicle and describe who will bear the costs in the event of the need to pay for care and other expenses for the vehicle - the principal or the authorized representative.
The form should also describe what to do if the transport vessel was registered, but one of the parties did not fulfill its obligations. A power of attorney for a vessel allows an outsider to obtain almost the same rights in relation to transport that a full-fledged owner has. The duration and scope of these rights depend on the type of power of attorney executed. Most of the rights and obligations are transferred to the holder of the power of attorney in the case of drawing up a document of a general type. Here we can draw an analogy with the rights that a power of attorney gives for the right to manage a legal entity.
How to correctly draw up and execute a power of attorney by hand?
The power of attorney does not have a strict form. Rules for the format of the document are not established by law; theoretically, the owner of the vehicle can write it even on a piece of paper by hand. But there are recommendations regarding the content, so the following information should be provided:
- place and date of compilation;
- Full name, civil passport details of the individual who is the official owner of the car and transfers the right to drive it;
- accurate and as complete information as possible about the vehicle, indicating its make, model, registration number, engine and body numbers, information about the title and state registration certificate);
- Full name, passport details of the citizen to whom the right to operate with this vehicle is transferred;
- a list of all the powers that will be available to the authorized person within the framework of this document (drive a car, represent the interests of the owner in the insurance company, the traffic police, receive the vehicle from the impound lot, etc.)
It is important to note that the power of attorney is certified by the personal signature of the principal.
The power of attorney form can be downloaded, ready to print and fill out by hand.
Based on an existing sample or form, an individual can independently draw up a handwritten document. If all necessary details are indicated, it will have legal force.
When issuing a power of attorney, make sure to include information about the citizen indicated in it in the MTPL insurance policy.
The nuances of correctly drawing up a power of attorney for a vehicle
The transport type of power of attorney has its own characteristics that should be taken into account when management rights are transferred to another person. These rights are regulated by the Civil Code of the Russian Federation, and it takes into account nuances, the observance of which is mandatory if you want the power of attorney to have legal force, and it can be provided as a document confirming the right to full disposal of the car.
A power of attorney must be written in the prescribed written form, otherwise it will not have legal force. It is necessary to certify the document through a notary, even if the power of attorney is transferred for a small car. Only a legally capable person has the right to issue or receive a document. The average power of attorney is issued for a year, but if the period for a transport vessel is specified in the sample itself, it will be valid in accordance with this directive.
Power of attorney form for the right to drive a car
Citizens must independently fill out and sign a power of attorney; a specific form is not established by law. However, you can save time by using the example of a power of attorney. The document can be filled out on a computer or by hand. Regardless of the type of form, it will have legal force if all fields are filled out correctly. Below are several types of equivalent forms:
Sample power of attorney to drive a car
What information should the document contain?
There are several formats for a power of attorney, but since it is a formal document, there are general rules to follow when drafting the document. There is no standard form of power of attorney, but there are formats that can be used as a template. The standard version of the paper should include the following information:
- When and where the document is issued.
- Passport details of the principal and the authorized representative. In cases where a small transport vehicle had a couple of owners or several authorized representatives are planned, you need to indicate all of them, as well as enter addresses and other necessary contact information. Including places of residence, etc.
- Information about the vessel, the right to operate which is transferred under the document. Information from the PTS, model and make of the vessel, when it was released and in what color are included. The engine numbers, VIN number, as well as body and chassis type are indicated.
- A complete list of powers that the principal transfers to the trustee. For example, a trusted person will be able to undergo a technical inspection, take out MTPL insurance, etc. Even pick up the vessel from the impound lot if necessary.
- How long will a power of attorney allowing you to drive a vehicle be valid? If there is no deadline, the power of attorney will only be valid for a year.
- Permission or prohibition to delegate one's powers.
- Signature of the principal and representative.
The period specified in the document cannot be extended; in order to obtain the right to use the vehicle, a new power of attorney must be drawn up. The document can be issued to one or more people. Since the power of attorney has several subtypes, there is no unified form for different types of documents. For example, a general power of attorney does not need such a form, but when transferring material assets, a form is needed.
There are several features that should be taken into account if the authorized person plans to travel in a small car with a drawn up power of attorney to another country. In such a situation, a handwritten power of attorney of the simplest form will not work. They simply won’t let the car through at the border. To add legal force to a document, it will need to be certified by a notary. Also, this power of attorney will have to include not only the data of the domestic Russian passport, but also the foreign one. The document includes an additional clause stating that the authorized person can leave the country in a small vehicle or truck.
Please note that in some countries a document in Russian will not be suitable. In order for it to gain legal force, it must be translated into the language of the country where you are traveling. Such actions are not necessary everywhere, so before planning a trip, it is advisable to clarify all such points.
What documents will be required when registering a power of attorney?
The list of documents differs depending on what exactly is trusted. But when a transport document is drawn up, drawing up a form is not enough. It is necessary to collect documents, including in the list the passports of the participants in the process; if the right of subrogation is included, you need to bring an old power of attorney and a vehicle registration certificate (including a small one), as well as a certificate confirming the registration of the vehicle in question.
This entire set of documents is necessary in order to transfer the right to drive a car to another person. Thanks to a power of attorney, they often not only transfer the right to operate a transport vessel (including small ones), but actually sell it. They do this because such a procedure is much faster and more economical for both parties.
The legislation does not limit the imaginary validity period of a power of attorney, which can be only a few years or an unlimited amount of time. But if the document does not indicate the validity period of the power of attorney, it will only work for one year, after which it will be revoked.
Sample power of attorney to drive a vehicle
Most people are not often faced with the need to issue a power of attorney for a small vehicle, and therefore are unfamiliar with how to do it correctly. In such a situation, a sample power of attorney for the right to drive a vehicle will help. Despite the fact that the document in question can be compiled in free form, using a sample it will be possible to avoid obvious errors and adhere to a generally accepted format.
In any sample, the first place in importance is always given to the passport data of the parties. They must be indicated in full and without errors. It is also important to indicate information about the transport vessel for which the document is being drawn up, and the validity period of this document. An example of how a transport document should be drawn up is the following:
Requirements for a power of attorney to drive a car form
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.
Form
When the deal ends
A power of attorney giving the right to drive a vehicle may be terminated, but only under certain circumstances. For example, if the power of attorney has expired (remember, it is usually 1 year) or if the principal revokes the power of attorney or the authorized person waives his rights. Also, the document loses its validity when the principal dies or goes missing, when he loses full legal capacity or has limited legal capacity.
In all other circumstances, the transaction is considered reliable. But if, by means of a power of attorney, a small car is not simply transferred with the right to drive, but is purchased, all risks should be taken into account. You can simply pay money, but at one “wonderful” moment the owner will revoke his power of attorney, and the buyer will lose the rights to the vehicle, despite the money paid, the fact that the vessel was in his possession and there is a form confirming this.
You can get legal assistance on issues of power of attorney for the right to drive a vehicle on our website.
