Often, one machine is purchased for use by several citizens, who are usually members of the same family. Under such conditions, it is required to enter all the people who can drive the car into the insurance policy. Usually traffic police do not require any more evidence of the ability to use a car, but it is advisable to correctly draw up a power of attorney to drive a car so that there are no unnecessary questions. It is formed on behalf of the direct user of the property. Based on this document, the right to operate the machine is transferred to other persons.
Do I need a power of attorney?
When preparing this document, it is possible to transfer the right to operate the machine not only to relatives, but also to completely unauthorized persons. If there is a power of attorney to drive a car, there will never be a problem with the traffic police who are always interested in why the owner does not drive the car.
Back in 2012, the traffic rules were amended, on the basis of which the need to provide the traffic police with a power of attorney to control a machine that belongs to another person was canceled. This is due to the fact that it is sufficient only for a person to be included in the insurance policy.
Although it is not required to provide a power of attorney to a traffic inspector, the driver must still have it in order to carry out numerous actions with the machine.
Document concept
The power of attorney for the right to drive a car is represented by a written authorization. It is issued by the owner of the property to another person who receives the right to use the car for any purpose.
Documentation can be compiled on a standard form, so you do not need to contact a notary for certification. This is especially true when a document is drawn up between relatives. If the recipient is an unauthorized person, then it’s important to still apply for the services of a notary to confirm the legality of the operation.
Types of Power of Attorney
This document may be presented in several forms. Therefore, a power of attorney to drive a car can be made in the forms:
- General gives the citizen the opportunity to perform absolutely any action with the car;
- a special one transfers the right to any actions that are of a uniform nature, for example, a citizen, on the basis of a document, can only undergo inspection, register the car or perform other operations with it in favor of the owner of the property;
- one-time is formed for one action, for example, deregistration or purchase of an insurance policy.
All of the above types of documents have legal force both when using a special form, and when compiling an arbitrary handwritten document. A sample power of attorney to drive a car can be found below.
When is a document required?
The need for a power of attorney may arise in different situations. Although the traffic police can no longer require drivers to provide this document, it must always be available to the driver.
The need for a power of attorney may arise in situations:
- passing a technical inspection;
- provision of documents necessary to pick up a car from a parking lot;
- duplicate numbers;
- the acquisition of an insurance policy CTP or CASCO;
- obtaining a technical passport;
- removal or registration of the machine.
A sample power of attorney to drive a car in 2018 is presented below.
Rules for registration
The procedure for compiling this document is considered simple. For this, some recommendations are taken into account:
- a power of attorney for driving a car in 2018 may be made in writing on any suitable paper;
- a lot of attention has to be paid to the content of the document, since certain points and information must be included in it;
- it is allowed to purchase a ready-made form at various newsstands;
- it is not required to use the services of a notary public to certify documentation.
Due to the lack of need for notarization, a power of attorney can be drawn up at any time.
What does the document contain?
The form of a power of attorney for driving a car must necessarily include certain relevant information. These include information:
- passport details of the citizen who owns the car;
- information about the car itself, which includes its registration plate, identification number, information from the vehicle, engine and body numbers, as well as information from the vehicle registration certificate;
- passport data of a citizen to whom the right to drive a car is transferred;
- information about what kind of actions a proxy can perform with a car, for example, it is often allowed not only to drive, but also to represent the interests of the owner of the car in different state organizations.
At the end, the date of preparation of the document must be indicated. Some citizens nevertheless prefer to contact a notary for certification, and the specialist confirms that the participants in the transaction really agreed to it of their own free will, and they are also competent.
Can a document be compiled by a company?
It is allowed to form a power of attorney for driving a car from a legal entity. In this case, the company provides an opportunity to any employee to use the machine to perform their job duties.
When preparing a document in this case, it is important to indicate information about the organization itself. This includes its name and legal address. Additionally, a company seal is placed. Firms usually seek the assistance of lawyers to certify this document to avoid problems with government agencies.
What additional information is provided?
When drawing up a power of attorney for driving a car, other conditions may additionally be indicated:
- the validity period of the document, and if this information is not available, it is automatically considered that the documentation has legal force for one year;
- it is desirable to indicate the date of drawing up the power of attorney in words, since if this condition is not met, the traffic inspector or the court may decide to invalidate such a document;
- it is allowed to include several people at once in this document, to whom one or another right to a car will be transferred, and there are no any restrictions on the number of citizens;
- The characteristics of the car are given a lot of attention, since using the information available in the power of attorney, it is necessary to easily identify a specific car.
If citizens or companies contact a notary to prepare this documentation, then they must hand over to the specialist certain documentation on the machine. This includes a certificate of registration and title.
Document Validity
The model of the power of attorney for the right to drive a car includes information on its validity. Using this item, the car owner can independently decide how long an authorized person can use this documentation to drive a car.
The validity period starts from the moment of issuing the document indicated directly in the text. If this information is not available, then the power of attorney is void, therefore it can not be used by citizens to control the machine.
If there is no data on how long you can use the document, then it is automatically considered that it is valid only for one year from the date of preparation. If there is a specific date when the document ceases to be valid, then you can use the power of attorney exclusively in the specified period of time.
The legislation does not contain information on the maximum period during which a power of attorney can be valid. If the document is generated by the owner of the car, then you do not need to contact a notary for certification.
Even the person who uses the machine on the basis of a power of attorney can transfer this property to another person for constant use or other activities, for which another power of attorney is drawn up. Under such conditions, notarization of the transaction is mandatory.
How to cancel?
The power of attorney is canceled by the direct owner of the car for any reason. This is promptly required to inform the authorized representative.
The document on the basis of Art. 188 CC at the expiration date or after the death of the car owner. Under such conditions, the possibility of reassignment ceases. After the death of the owner of the car, the right to use and dispose of the car passes to his heirs.
Important aspects
If a person plans to transfer his car to another citizen, then he must figure out how to issue a power of attorney to drive a car. For this, not only the necessary information is correctly entered into the document, but also some other nuances are taken into account:
- the person driving the car on the basis of a power of attorney must fit into the insurance purchased for the car;
- if the person in charge has an accident, then the costs of covering losses in case of his guilt and lack of insurance will be borne by the owner of the car;
- there is no article in the Code of Administrative Offenses on the punishment of citizens who drive someone else's car without drawing up a power of attorney.
Although there are no different punishment measures that could be applied to a driver who does not have a power of attorney, but if he really does not have a document or it is invalid, then the citizen will not be able to perform different actions in relation to the car. In this case, it will be necessary to disturb the owner of the property for the implementation of certain operations.
Conclusion
A power of attorney is not a binding document for controlling the machine to a non-owner. Any driver must be included in the insurance policy. Although the traffic police no longer require a power of attorney, a document may be required to perform numerous other operations with the car, so it is recommended that you correctly compile it.
For the formation of a power of attorney, it is not necessary to contact a notary and spend a large amount of money, so the process is considered simple and profitable. It is allowed to buy a ready-made form in which only the necessary data is entered. Companies use notary services when transferring cars to employees.