Power of attorney to drive a car: when is it needed and what does it protect against?

Content

• What is a power of attorney, what rights does it give and for what period is it issued?
• Do you need a power of attorney to drive a car in 2021?
• Why do you need to issue a power of attorney for a car?
• Validity period of a power of attorney for a car
• Sample of filling out a power of attorney

Do I need to have a power of attorney to drive a car in 2021? What are the risks when driving a car by proxy? What are the dangers of transferring your car to another person? We will tell you all about this in the material.

An authorized person's application for a pension by mail

If a pensioner is given money at the post office, payments under the power of attorney last the entire validity period of the document. The main thing is that the pensioner confirms once a year his desire to receive funds through this proxy, provided that the document is issued for 2 years or more. If the power of attorney is one-time or for several months, such a document will have to be replaced with a longer-term one.

To receive payment, the authorized person gives the post office employee a power of attorney form and personal passport. There is no need to warn that it is not the pensioner himself who will come for the money, but his legal representative. After the intermediary receives the first payment, the power of attorney is transferred for storage to the post office to which the pensioner is attached. If the document is also needed for other organizations, then not the original, but a photocopy of the document is left at the post office.

What is a power of attorney, what rights does it give and for what period is it issued?

A power of attorney is a legal document that gives the right to one person (representative, trustee) to dispose of a car on behalf of another (principal). Both an individual and a legal entity can transfer powers.

The scope of rights of the trustee is determined by the owner of the car. Officially you can allow:

• use a car for personal purposes;
• repair and carry out regular maintenance;
• buy or sell a car;
• receive vehicle license plates;
• register or deregister with the traffic police;
• rent a car or take a taxi;
• distill and undergo customs clearance;
• defend your rights in court after an accident;
• pick up a car from the impound lot;
• entrust the car to a third party.

The transferred powers must be recorded in the power of attorney for driving the vehicle.

The principal himself also retains his rights and obligations. He can:

• revoke the document at any time;
• disagree with the candidacy of a third party to whom the authorized person plans to entrust the car;
• cover the financial costs of the representative (for example, when passing a technical inspection);
• accept documents and funds as part of the document (for example, when buying and selling a car).

The document can be issued to any person: spouse, relative, neighbor, close friend, colleague, employee and even a stranger. You can include one or more people in the document.

The validity period is indicated according to the authority. If you need to solve a one-time problem, for example, picking up a car from an impound lot, you can trust the vehicle for a day. If the representative will perform regular tasks, for example, delivering products, the power of attorney is issued for several years.

It is not necessary to certify a power of attorney. You can insure yourself if you are allowed to travel abroad or if you plan to buy and sell a car.

Also read: Electronic PTS: what is it, how to get it and how to register a car with the traffic police

How to apply

The form of the document is not established by law. The general requirements of the Civil Code of the Russian Federation established in Art. 185-189. The text states:

• date of issue and validity period (if the validity period is not specified, according to general standards it is one year; without specifying the date, the document is invalid);
• passport details of the parties (full name, series and number of the document, by whom it was issued, date of issue, registration address, department code);
• FULL NAME. the minor whose interests will be represented;
• details of the birth certificate;
• subject of the assignment (list of rights, name of the organization for representation. For example, a power of attorney for a coach from parents is drawn up for children to travel to competitions and training camps, the name of the event, dates and location, purpose of travel are indicated);
• signature and its decoding.

The letter of the Federal Notary Chamber dated July 22, 2016 No. 2668/03-16-3 specifies clarifications on the execution of a document in relation to minors under 14 years of age for making transactions for the disposal of property: in addition to the general provisions, the object of the transaction will be determined.

The document is drawn up in simple written form.

The departure of a minor outside the Russian Federation requires the consent of a legal representative. In this case, it is not a power of attorney issued for a child without parents abroad, but a written consent in notarial form. The requirement for a notarial form is established by Art. 20 of the Federal Law of August 15, 1996 No. 114-FZ and is explained in paragraph 1 of the letter of the Federal Notary Chamber of December 27, 2012 No. 2782/06-12. The validity period of the consent is established by specifying a specific date or after a certain period. Regardless of the method of travel, consent is drawn up, so a power of attorney for the flight of a child without parents is not drawn up. The registration fee is set by art. 333.24 of the Tax Code of the Russian Federation. The cost of registration consists of the established tariff, taking into account legal and technical services and varies within 2000 rubles.

Russian legislation does not have a separate law on the movement of minors in Russia without parents; regulation is carried out by the Civil Code of the Russian Federation, Russian Government Decree No. 111 dated March 2, 2005, Russian Government Decree No. 1090 dated October 23, 1993, and Russian Ministry of Transport Order No. 82 dated June 28, 2007.

Do you need a power of attorney to drive a car in 2021?

Until November 24, 2012, those who received permission to drive a car were required to have a power of attorney with them. When stopped on the road, inspectors were fined for not having a document. After amendments to the traffic rules in 2012, drivers received the legal right to drive someone else’s car without a power of attorney. The police do not have the right to check the document on the roads and fine you for its absence. The authorized person must present the inspector with a driver's license, vehicle registration certificate and insurance policy.

Do you need a power of attorney for the car then?

Need not. You can add the driver to the MTPL policy or take out open insurance without restrictions. However, without a power of attorney, the driver will not be able to register the car with the traffic police, obtain insurance, undergo a technical inspection, etc. – he can only drive someone else’s car.

Legal entities also do not need to issue a power of attorney to a third party. It is enough to issue unlimited insurance to the driver or add him to the compulsory motor vehicle liability insurance - the list of persons allowed to drive a car. But since a car is a source of increased risk, it is better for legal entities to draw up a document. Using it, the driver will be able to monitor the technical condition of the car himself and promptly go for repairs and inspections.

Also read: How to appeal a traffic police fine from a surveillance camera: precise instructions

Who can confirm the document

First of all, the duty of certification is assigned to notaries. But besides them, a power of attorney for a pension can be certified by:

• the head of the state administration or village council where the pensioner lives;
• another official from local government bodies who has been given such powers;
• the organization in which the pensioner is employed or undergoing training;
• the head of a hospital or clinic where a citizen, a pension recipient, is undergoing inpatient treatment;
• consul, if the pensioner lives in another country;
• the head of social security at the place of residence of the pensioner, or an employee of this organization who is vested with such powers.

To authenticate the document, the pensioner comes in person with a passport. And the authorized person may not be present; only a photocopy of his citizenship will be needed. There is no charge for certifying a power of attorney. But if the text of the document is drawn up by a notary, then most likely you will need to pay a state fee and notary services.

Why do you need to issue a power of attorney for a car?

A power of attorney helps vehicle owners avoid unpleasant situations arising through the fault of the representative. For example, if a trusted person is stopped for a traffic violation, a fine will be issued in his name.

But if the car is caught on camera, the car owner will receive a fine. If the owner is able to challenge the fine, the person who was driving will pay.

If a representative gets into an accident and causes damage or harm to the health of the participants in the accident, he will be held accountable before the law. If there is no document, it will be difficult for the owner to prove non-involvement; the trial could last for years.

Also, the principal will have to be responsible for the legal problems of the car purchased by the representative under a power of attorney. For example, if a car is mortgaged and the previous owner does not pay off the debt, the bank will take it away from the current owner. That is, it is not the authorized person who bought the problem car who will be held accountable before the law, but the principal. Therefore, it is important to check the car you are purchasing before the inspection.

Here's an example. Hyundai Santa Fe is for sale in “new vehicle” condition.

We check the car through the avtocod.ru service and see several legal problems at once.

The car is listed as collateral. At the time of verification, there are two agreements with the bank.

There are also three prohibitions on registration actions. Because of them, the authorized person will not transfer the car to the principal. The principal will have to solve problems with restrictions - challenge, terminate the contract or withdraw it independently by paying other people's debts.

Plus, since September 2021, there have been 32 unpaid fines worth almost 19 thousand rubles.

Because of them, bailiffs can again impose restrictions on the car.

When receiving a power of attorney, the driver also bears risks. Within 10 days from the date of transfer of the power of attorney, he must be issued an MTPL policy. If a motor vehicle license is not issued, fines for its absence (800 rubles) will be paid by a trusted person. The principal will also have to restore the car and compensate for damage in the event of an accident at his own expense.

Also read: Renewing a driver’s license in 2021: detailed instructions

Comments: 12

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Vyacheslav
   10/06/2021 at 16:42 if a person is in a coma, how to issue a power of attorney.
   Reply ↓ Anna Popovich
   06.10.2021 at 17:09

   Dear Vyacheslav, contact the court with an application to declare the person incompetent.

   Reply ↓

Validity period of a power of attorney for a car

The trustee, like the principal, has the right to terminate the power of attorney at any time.

You can cancel a document for one of the reasons.

• in the event of the death of one of the parties;
• if the principal violated the conditions specified in the power of attorney;
• if the data of the parties or information about the car has changed;
• if bankruptcy proceedings have been launched against any of the parties;
• if the principal exercised his right (sold the car, registered it, and so on).

The person who revokes the power of attorney must notify the other party. After termination, the authorized representative is obliged to return the document to the principal.

Also read: How to register a motorcycle with the traffic police in 2021

powers of attorney

The power of attorney can be written in any form on a regular sheet of paper. There are no clear requirements for its execution; the main thing is to indicate a list of powers, so that later there will be no problems due to discrepancies. A handwritten power of attorney can be issued when transferring rights to register, undergo a technical inspection, or pick up a car from an impound lot.

If the full range of actions with the car is transferred to the authorized person, it is better to fill out a ready-made form.

You can have the document certified by a notary, but this is not necessary - it will be valid anyway if you provide all the necessary data.

Mandatory certification is required only in two cases:

• If the power of attorney is renewed in favor of one more person by the first principal. This is permitted by law. If you do not want the person to whom you transferred the car to entrust it to someone else, this must initially be indicated in the power of attorney: write down the clause “without the right of sub-assignment.”
• If the principal plans to travel abroad. If you plan to cross the border by car, it is better to have the document certified by a notary. This will help avoid problems in another state. Review the power of attorney requirements in your destination country. Some require a power of attorney with a translation into their language.

Also read: I purchased a car at a location other than my place of registration: is it possible to register it there?

What to do with your pension during quarantine

During the coronavirus quarantine, it is dangerous for older people to leave home to collect their pension. But they have a couple of other options for minimal contact with other people:

1. Bank card . If before the start of quarantine, monthly payments were issued on a card, then you can use non-cash payments. Including paying utilities and making other regular payments. Most banks provide free access to online banking. If you don’t have a card, some banks offer a remote way to issue them. This can be clarified by calling the hotline. In addition, you will need to submit an application to the Pension Fund to transfer your pension to the card. Detailed instructions on transferring a pension to a card are in the Brobank review.
2. Home delivery . To do this, you need to write an application so that the pension is delivered to the specified address. In most regions, pensioners are still receiving money with precautions in place.
3. By proxy . To do this, you will need to transfer your legal rights to a younger relative or another adult citizen. He will be able to receive money at the post office or at the bank instead of a pensioner.

According to the legislation of the Russian Federation, a trusted person can receive monthly payments instead of a pensioner if the procedure for transfer of powers is followed. This option is used when a pensioner is in poor health, lives abroad or is in another region of the country. He cannot receive the money himself under these circumstances, and a power of attorney resolves this issue.

An authorized representative can represent the interests of a pensioner in the Pension Fund branch, as well as:

1. Submit an application for a pension to the Pension Fund on behalf of the pensioner principal.
2. Prepare documents for pension payments, including a pension certificate.
3. Register a pension account with a banking institution.

A power of attorney to receive a pension is certified by a notary or other authorized person. Banks offer their own version of an internal power of attorney, which is suitable for issuing money from an account or by card.

Cards for crediting pensions →