The car is registered to the owner, but is used by several people. The problem arises of how to transfer the authority to drive to third parties. The legislation specifies the solution to the issue - issuing a power of attorney for personal transport, defining the rights of the attorney at his own discretion. Is it possible to drive a car without a power of attorney? Is there a penalty for driving without a power of attorney? Modern legislation establishes that this is legal, but not desirable. Practice shows that the absence of a document limits the rights and capabilities of the driver in relation to the vehicle.
General Basics
According to the law, a car is registered for one person; other users need documentary evidence of authority to use someone else’s vehicle.
Currently, the driver is not required to present, and the inspector checking documents does not have the right to demand, a power of attorney and its notarized copy.
Therefore, to the question whether it is possible to drive a car without a power of attorney, the answer is yes. Such actions are legal. At the same time, remember that the legal use of a car also presupposes the availability of all documents for the right to drive it.
Keep the power of attorney handy as it confirms the transfer of authority by the owner of the car. In addition to movement, a permit will be needed: for the sale, deregistration, technical inspection and registration of a vehicle.
According to the Civil Code of the Russian Federation (Article 185), a power of attorney for a vehicle is an official, non-unified act provided by the principal to the attorney and confirming the legal right of this person to drive and other actions in relation to the vehicle.
The boundaries of the attorney's rights are determined by the owner of the car and are included in the document.
How many people can be included in the insurance policy?
The list of persons included in this policy automatically answers the question “who can drive the car other than the owner?”
The policy form on its front side provides five lines for drivers who have the right to drive a vehicle. On the reverse side there is a “Special Notes” field. It allows you to add additional information to the document.
In particular, here you can continue recording the persons admitted to management. The number of persons who can be included in the insurance is unlimited. If all of them do not fit on one form, an additional agreement to the insurance contract and another form are drawn up.
This type of insurance is called limited. It is possible to obtain unlimited insurance, then anyone with a driver’s license can drive the vehicle. Then the question “who can drive the car other than the owner?” can be considered practically irrelevant.
Types of powers of attorney
Is it possible to drive a car without a power of attorney, motorists ask themselves. What powers of attorney do they mean?
According to their purpose, powers of attorney are divided into:
- general;
- special;
- one-time
The validity period of this document is 3 years. At the same time, it is considered invalid in the following cases:
- upon expiration of the validity period;
- performing the assigned tasks (one-time);
- cancellation or refusal of the owner or driver;
- liquidation of the organization that issued the document;
- death of the principal or attorney.
The decision to revoke permission to use a car does not oblige the car owner to justify his own actions.
A general power of attorney is a unified document on a special form, sealed and signed by a notary. The permit grants the person included in the document wide possibilities for using the vehicle and at the same time guarantees compliance with the rights of the principal.
A power of attorney does not give the attorney ownership rights, but allows the attorney to legally drive a car and perform other transactions.
Cancellation of a general power of attorney occurs at the request of the vehicle owner.
Necessity of registration
Is it possible to drive a car without a power of attorney? The entry into force of the resolution “On Amendments to Certain Acts of the Government of the Russian Federation” dated November 12, 2012, which amended the traffic rules, initiated a long-term discussion about the advisability of issuing a power of attorney for a vehicle. Therefore, many people believe that there is no fine for driving without a power of attorney. How true is this?
The legislator has created an exhaustive list of mandatory documents that give the right to drive a vehicle and must be presented to the traffic police inspector.
According to the “old” rules, the driver of a passenger car not engaged in commercial transportation was required to present:
- certificate (temporary permission to drive a vehicle);
- registration documents;
- civil liability insurance policy.
Next on the list was a power of attorney, which was not included in the updated list. It turns out that the document was excluded from the list of those presented for verification, but was left for other actions.
After making changes to the traffic rules, the documents confirming the driver’s rights were: registration certificate, compulsory motor liability insurance policy, and car keys.
So, let's summarize. A vehicle use permit is a required document. Its absence makes it impossible to perform any actions in relation to someone else's vehicle. At the same time, the driver is no longer obliged to present it to the traffic police.
Validity period of temporary permit
Article 27.10 of the Code of Administrative Offenses of the Russian Federation establishes the following period for issuing a temporary permit for the right to drive a vehicle - two months. It may be extended by a decision of the court or other authorized representative. If the person who has lost his rights committed an offense outside the region where he lives, the processing time may increase. To extend the validity of a temporary permit, the driver must apply to the state inspectorate.
A temporary permit to drive a vehicle will cost a citizen five hundred rubles; the state fee for issuing a driver’s license is eight hundred rubles.
Since 2013, the situation has changed due to the fact that the driver remains with the driver until the trial. Although if a document is lost, the same procedure applies. A motorist may experience some inconvenience when using a temporary permit.
This makes car rental unaffordable. To verify this information, you do not even need to consult a lawyer. When applying for this service, a person must provide not only a passport, but also a driver’s license, which, for obvious reasons, is not available.
It is also better not to cross the border with such a document in your hands. When a vehicle is stopped by an authorized person from another country, problems may arise if such a document is presented without a photo.
Fine for driving without permission
Is there a fine in 2021 for not having a power of attorney to drive a car?
Before changes were made to the Traffic Rules, a driver without documents for a vehicle faced the following penalties:
- a fine of 500 rubles;
- seizure of numbers;
- sending the car to the impound lot.
From November 2012 to the present, a driver using someone else’s vehicle does not need a document confirming his authority, and the fine for not having a power of attorney to drive a car has been cancelled.
Persons who have the right to drive a vehicle other than its owner
Who can drive the car other than the owner? After the already mentioned changes in legislation, it is no longer necessary to issue a power of attorney to drive a vehicle in order to transfer the car to a third party. Family or other relationships do not matter.
According to the new rules, who can drive a car other than the owner? Today, only those persons who are mentioned in the compulsory motor third party liability insurance policy can drive a car. This measure has become a convenient and progressive innovation.
Registration procedure
Since the question of the possibility of driving someone else’s car without a power of attorney has been clarified, you can understand the rules for registering and receiving the document.
The power of attorney consists of:
- handwritten;
- on a prepared form, according to the established template.
A correctly drawn up document has legal force without a notary’s signature.
The vehicle use permit indicates:
- Full name, passport details, address of the principal and attorney;
- car details;
- PTS number;
- data from the vehicle registration certificate.
The power of attorney ends with a description of the powers of the attorney (management or other capabilities) and the validity period of the document. The validity period is important, since upon expiration the permit is revoked. If the validity period is not specified, it defaults to 1 year. After its expiration, the legal right to drive a vehicle is ensured by the MTPL insurance policy.
A power of attorney limits the attorney's ownership of the vehicle, but allows the attorney to legally drive the vehicle.
Penalties for illegal driving
According to Article 12.37 of the Code of Administrative Offenses, a fine of five hundred rubles may be imposed for driving a vehicle by a person who is not mentioned in the insurance. This figure increased by two hundred rubles compared to 2013.
Even if the owner of the car was nearby during the violation in question, this does not change the punishment, much less cancel it. If the owner of the vehicle did not carry out compulsory liability insurance and drove the car without a policy, he will be punished with eight hundred rubles.
If a traffic accident occurs involving a person who was not included in the insurance policy, the company that issued it will compensate the victims for damages. However, after that she has the right to demand financial compensation from the illegal driver.
Resolution functions
A power of attorney for a vehicle is required when using a car as property.
So, the standard resolution is presented:
- to undergo technical inspection;
- upon registration (registration/deregistration);
- when selling a car.
A notary's signature on the power of attorney is not required if the document lists and confirms the driver's authority.
Also, a permitted right to use a car is necessary to travel abroad. The exception is certain neighboring countries (Kazakhstan, Belarus).
To enter the territory of the Russian Federation, a power of attorney is not required; standard registration documents are sufficient.
As for the MTPL policy, the driver’s full name is still included in the document. If the driver’s data is not included in the insurance policy, according to the Code of Administrative Offenses (Article 12.37), administrative liability arises - a fine or evacuation of the car to an impound lot. The exception is “MTPL without restrictions”, where the driver’s data is not entered, but such insurance is more expensive.
According to the current rules, a driver’s license, registration documents, and an MTPL insurance policy are sufficient to drive a car.
What you need to know about OSAGO
When obtaining permission to drive a car, the driver is required to insure civil liability within ten days in accordance with the rules of compulsory insurance. Why is it important?
The MTPL insurance policy, along with a driver's license and vehicle registration certificate, is included in the list of mandatory documents presented at the request of traffic police officers. The absence of any of them means penalties.
If during the 10 days allotted for registration of the policy, the car is stopped for inspection, present the power of attorney. The date of registration will confirm the absence of a violation.
If the driver is not included in the OSAGO policy
In this case, the citizen has no right to participate in the movement. This is permitted only if unlimited insurance is taken out in accordance with the Regulation of the Central Bank of the Russian Federation No. 431-P. Its cost is higher, but driving can be carried out by anyone if he has a driver’s license of the appropriate category.
If the driver’s last name is not included in the policy, despite the presence of a power of attorney, he faces liability under Art. 12.37 Code of Administrative Offenses of the Russian Federation in the form of a fine of 500 rubles. If you do not have a policy, you will have to pay 800 rubles.
Why else is a power of attorney needed?
Having a document provides an opportunity, if you get into an accident, to cover the damage from the accident at the expense of the insurance company. Otherwise, the driver pays the costs at his own expense.
Entering data about the vehicle users into the policy is the responsibility of the vehicle owner. If the car is used by several family members, the owner of the car has the right to put their full name on the document.
A general power of attorney gives the attorney unlimited powers over the vehicle. However, there are cases when the situation has changed and the owner needs to revoke an official permit with broad powers.
An important condition for confidential use is the driver’s strict accountability to his supervisor. This is necessary to avoid controversial situations in court, when management can claim that they were misled and did not know about the actions behind their back.
It should be taken into account that the rights to a car provided by a power of attorney include:
- repair;
- service;
- exploitation;
- registration, including the right to sell and donate.
Revocation of a power of attorney is used to destroy a document or revoke authority. The procedure is performed by a notary. At the same time, it is advisable for the person who issued the permit to cancel it.
The main thing is a statement from the owner of the car containing a requirement to stop the permit or change the content of the document. In addition to the request for termination, the application includes:
- personal data;
- requisites.
At the same time, in the application, the car owner is not required to justify the reasons for the withdrawal or change in the content of the document.
The law does not provide for a strict form for this document, so the application is often written by hand.
The text must meet certain requirements:
- conciseness;
- literacy;
- following the rules of business writing.
Having accepted the application, the notary formalizes the termination of the power of attorney and informs interested parties about it.
How to act in case of an accident
In what other cases is a permit required for someone else’s car? An unpleasant, but often inevitable moment for drivers is violating traffic rules and communicating with a traffic police officer. Upon the fact of the event, a protocol is drawn up, in which the driver’s personal data is entered, since according to the law, responsibility for the offense falls on the culprit of the incident.
If the owner of the car is driving, the driver’s full name and address are determined from the vehicle’s registration certificate. But, if the car is driven by a stranger, without a passport or registration information, a problem arises with identifying the offender.
A power of attorney, in case of violation of traffic rules or an accident, allows traffic police officers to quickly and accurately establish the identity and address of the person driving.
Having permission to use a car in case of violation of traffic rules is also important for the driver himself, since in the absence of data on the violator, the traffic police inspector has the right:
- for administrative detention;
- sending the vehicle to the impound area.
Duration of detention, according to paragraph 1 of Art. 27.5 of the Code of Administrative Offences, should not exceed 3 hours, but in exceptional cases can be extended up to 2 days. To avoid problems along the way, take documents on the road that confirm your identity and status as a driver.
Car permit from a legal entity
Enterprises, organizations, private and public companies own property, including cars. To drive vehicles, their management hires a staff of drivers. And here the question arises: how can a legal entity transfer the authority to drive a company car to an employee and how important is this document?
Current and regularly updated car insurance rules have reduced the importance of the power of attorney. Today, the key requirement for a driver from the traffic police is an insurance policy that contains all the necessary information about both himself and his vehicle.
Traffic police officers do not even have the right to demand a power of attorney from a legal entity. Thus, the lack of permission to use a car is no longer a violation of the law.
It would seem that the topic has been exhausted, but there are certain pitfalls that it is advisable for the owner and driver to know about.
- Driving by car is a risk where no one is insured against an accident with the most severe consequences.
- By issuing a power of attorney for a hired employee, a legal entity relieves itself of responsibility for the behavior and actions of the driver on the road.
Also, on the part of the owner, it is reasonable to give the driver of the company car the authority to:
- to carry out technical control over the condition of the vehicle;
- passing technical inspection;
- the ability to pick up a car from an impound lot, etc.
In addition, having a use permit frees the company from the need to fill out travel forms on a daily basis.
The essence of the OSAGO policy
With an MTPL policy, the driver insures his liability on the road to other road users. When an accident occurs, it is not the motorists themselves who sort it out among themselves, but their insurance companies. The insurer of the guilty party will have to compensate the damage caused to the victim. This procedure applies when liability is insured on both sides. The policy is issued separately for each car with a validity period of one year. In case of violations that are regulated by the Criminal Code, the driver’s guilt is not removed.
Do not forget that the car will not be insured without passing a technical inspection. This is an event that determines whether the vehicle meets safety requirements and is in good condition. Based on its results, the car owner is issued a diagnostic card, the second copy remains with the expert and is stored for three years. The document is also saved in electronic form, which is transferred to the appropriate database and can be stored there for more than five years.
The validity period of the diagnostic card depends on the age of the vehicle. The technical condition of vehicles with a maximum permissible weight of more than 3.5 tons, with special signals, as well as training vehicles are checked annually. When insuring insurance, presenting a diagnostic card in paper form is not required, since its availability can be checked in a single database.
Today, vehicle inspection includes checking: first aid kits, registration plates, fire extinguisher, brake and lighting systems, suspension, steering play, door locks, toxicity of exhaust gases, liquids, and also instrumental diagnostics of the car.
The cost of a technical inspection depends on the region and characteristics of the vehicle. It can only be carried out by organizations that have passed the appropriate accreditation.
Document form
The standard that a form issued on behalf of a legal entity meets is the same for issuance to an individual.
True, there are several points that are characteristic only of enterprises and organizations of all forms of ownership:
- affixed with official seal,
- original signature of the head of the enterprise.
Corrections, abbreviations, and errors are not allowed in the text. They are not crossed out, not erased with a proofreader, and not certified with a signature and seal. This text needs to be completely redone.
The maximum validity period of the document is 3 years. If the power of attorney does not contain the date of issue, the document is considered invalid. Upon expiration of the period, the permit is canceled and, if necessary, a new one is drawn up.
Registration procedure
To issue a power of attorney from a legal entity, you need simple information:
- driver's passport;
- information about the organization that owns the vehicle;
- vehicle registration documents;
- car data.
The permit must contain a list of driver rights and the validity period of the document.
Persons who have the right to use this car must be indicated as principals, otherwise the document is considered invalid.
To avoid problems with law enforcement agencies, it is recommended that a power of attorney from a legal entity be certified by a notary.
Temporary permit to drive a vehicle
A temporary permit to drive a car is issued to the driver in case of loss of the driver's license or its confiscation. It gives the right to drive a car temporarily - you can use it until your license is returned, and when transferring it in connection with a relevant offense, until a court decision is made.
The document in question differs from a driver’s license in the following ways:
- does not contain a photograph of the person to whom the document was issued;
- in connection with the first paragraph, valid upon presentation of an identification document - passport;
- contains the inscription “temporary permit”, details - number and purpose, date of issue, authorized body, open categories, period of validity of the document and the reason for its production, as well as the number of the lost or seized driver’s license.
This document may include other information, which, however, does not have the same significant significance as those listed above.
