In modern Russia, one can observe a situation when a family has two or more motorists and only one vehicle for movement. Interestingly, the person on whom the car is framed does not always need it. Then usually other family members can use it.
Legislation does not allow the use of someone else's car without legal grounds. If the traffic police inspector detains the driver without relevant documents, the transport can be sent to the parking lot until the circumstances are clarified.
The problem of vehicle sharing can be solved by a power of attorney on a car. This document will spell out the powers and rights of the proxy by the principal. In this case, the trustee will be the one in whose name the machine is registered.
Types of document. Differences between them
There are two types of power of attorney:
- To give the right to drive a car a document is issued for driving a car.
- To provide a wide range of rights, a general power of attorney is issued for the car.
In the latter case, the document allows you to dispose of the vehicle at your own discretion, including sales, exchange operations, etc.
Document to control the machine. What do you need
When issuing a power of attorney to drive a car, it is necessary to comply with the minimum requirements of the law for this type of document. About them further.
It is worth noting that the power of attorney drawn up on a special form available on the market does not require notarization. However, it can also be written on plain paper. In any case, information must be recorded in the power of attorney:
- details of the identity document of the principal;
- vehicle parameters from the technical documentation for the car;
- proxy data;
- date and term of the power of attorney;
- principal's signature and its decryption.
Separately, it should be noted that if the principal does not want the authorized representative to transfer the right to control the machine to another, then this must be indicated in this document. Issuing a power of attorney is the basis for entering information about those who will subsequently be given control of the machine in the CTP insurance policy. The term for adding information to the transport insurance document is only ten days.
When issuing a power of attorney, its term must be taken into account. In cases where it is not specified, the document is considered valid for one year.
If the principal wants to give a large list of rights to the vehicle, it is necessary to contact the notary office, where a general power of attorney for the car will be issued.
General power of attorney. What information is included in this document?
When issuing such a power of attorney, information similar to the simpler form of the document is entered in the strict reporting form:
- details of the identity document of the principal;
- vehicle parameters from the technical documentation for the car;
- proxy data;
- date and term of the power of attorney;
- principal's signature and its decryption.
Before going to the notary public, you can familiarize yourself with the power of attorney model for a car (presented above) in advance, which the principal will be able to adjust based on his wishes.
The text of the general power of attorney contains detailed information on such possible actions as:
- purchase;
- exchange;
- giving;
- reassurance.
This, along with the operation of the vehicle, its maintenance and other manipulations. When compiling a power of attorney, a notary must enter into the document:
- surname, name and patronymic of the notary;
- location address;
- the size of the fee paid for the service rendered.
To exclude fraud with a general power of attorney, it is provided with special watermarks and a hologram, the details of the form are entered in a special register. This document gives the trustee not only the right to drive a car, but also the right to dispose of it.
Deals
Making a general power of attorney for a car has become popular for the sale of a vehicle. Since it eliminates:
- the need for renewal;
- payment of tax and duty.
It is worth noting that registration in the traffic police with a power of attorney for cars is allowed. This allows the vehicle to participate in traffic. The presence of a general power of attorney gives the right to dispose of the car, however, the current legislation and the peculiarity of the document make all participants in the transaction vulnerable.
Possible risks of general power of attorney for the buyer
Dangers when making a car purchase and sale transaction by proxy for a buyer:
- the death of the principal becomes the reason for the invalidity of the document, which may entail consequences related to the right of claim of the heirs to the property sold by the deceased;
- a sold car may be withdrawn as a payment of debts, since the principal is legally the principal;
- the presence of a power of attorney does not protect against the requirement to return the car to the former owner, despite the amounts paid;
- the most common cases of fraud are proxy transactions;
- the death of the trustee is the reason for the return of the car to the former owner, thus the heirs of the deceased lose all rights to the property.
What does the principal risk?
Do not think that in a power of attorney transaction, the principal does not risk anything:
- any violations and fines committed by the user of the car are sent to the name of the owner, and if they are not paid, collection can be enforced by seizing bank accounts;
- any offenses by the user of the car can bring unpleasant chores associated with internal organs into the life of the principal.
When deciding to draw up a general power of attorney for a car, each of the parties should carefully study all possible risks.
Legal requirements
Do I need a power of attorney for a car? In accordance with applicable law, traffic police should not require the presentation of this document without fail.
Motorists should know that in this case it is necessary to have data on an authorized person in the transport insurance policy, documents on it and rights.
However, if the car was sent to the parking lot for fines, it will not work to receive it without a power of attorney, as well as to remove it from the register or to renew other documents for the car upon purchase.
Power of attorney for a car for traveling abroad
Separately, it is necessary to mention the border crossing on a car that is not driven by the owner. In this situation, a power of attorney is required. It should take into account not only the current Russian legislation, but also those norms of the law that apply in the country of entry.
Registration of a power of attorney for departure has its own characteristics. It is important to be prepared for the fact that customs services at the border in a power of attorney for cars will check all the data specified in the document. This fact makes it preferable to indicate the details of documents proving the identity of the principal and the authorized representative. The text should also contain data from documents such as:
- technical passport of the vehicle;
- vehicle registration certificate;
There should also be a phrase: “With the right to go abroad” or “With the right to go abroad”.
The package of documents for the customs service of the Russian Federation includes, in addition to these documents, the following:
- vehicle passport;
- certificate of registration.
A mandatory requirement for the country of entry is the translation of the text of the power of attorney in printed form with notarization.
If the car belongs to the company, a document is drawn up on its behalf indicating the legal address of the company and the data of the head.
When using a rented car, you must attach:
- car rental agreement;
- vehicle passport;
- power of attorney from an authorized person.
That is, traveling abroad by car without an owner is associated with the preparation of the necessary documentation, without which travel will be impossible.
Little conclusion
A power of attorney for a vehicle is a document that will help solve the issues of sharing and ownership of movable property. However, it can also become a source of unforeseen problems, which were described in the article above. These facts oblige all participants of the document to pay attention and, of course, prudence.