Do I need a power of attorney to drive a car? Power of attorney to drive a car from an organization Driving a car from a legal entity

A car today is very often purchased not only for a specific car owner, but also for operation by the whole family, and by law it is possible to register only for one owner, and until recently, the rest had to use a power of attorney. At the same time, no particular importance was attached to whom exactly the right to drive a car was transferred - to relatives, friends or unfamiliar people.

In the present tense, it has almost lost its power, but in certain situations it is needed. The presentation of such a document to the employees of the State traffic inspectorate is now also optional, although it is often taken with them by those drivers who do not own the car.

Understanding the question of whether a power of attorney is needed for a car, it is important to understand why a document of this type is issued.

Each car owner has the right to legally entrust his vehicles and the right to drive them to other drivers, without issuing a power of attorney. This option is also possible when buying a car, when after paying the cost of the car, the buyer is issued a vehicle and a concluded contract.

The buyer has 10 days from the moment of the transaction (the date of the conclusion of the contract) to issue an OSAGO and go through the re-registration procedure. If during this time period the driver is stopped by an employee of the State traffic inspectorate, then the driver can only be presented with a license, a contract of sale, as well as an STS. Car driving by proxy this case not required.

Speaking of situations where specified document is simply necessary, it is worth mentioning the use of vehicles as their own movable property.

A third-party driver will have to present exactly a power of attorney in case of passing a technical inspection on this vehicle. The same will have to be done when ordering duplicate numbers and when issuing an insurance policy.

It is worth noting that the law does not prohibit passing a technical inspection, issuing a diagnostic card, as well as an OSAGO policy without the participation of the car owner. In this case, a written power of attorney is required, which is not subject to mandatory registration in a notary's office. This type of document can also be used when you need to return the car after the tow truck picks it up, since the manager at the impound lot may refuse to issue vehicles because he does not have the authority to dispose of the property without the permission of the owner.

Legislative aspects of issuing a power of attorney in 2019

Most drivers are already familiar with Government Decree No. 1156 of 2012, which regulates the issue of its design.

The law makes it clear that it is not necessary to have a power of attorney to provide an employee of the State traffic inspectorate, you can drive without it. At the same time, the inspector does not have the authority to demand either a notarized or handwritten document - you can drive a vehicle without a power of attorney. The driver must be registered in OSAGO.

At the same time, you should be aware that without this paper it is impossible to pick up the car from the penalty area, as well as get duplicates of TCP and license plates. Without the necessary permission, it will also not be possible to enter into OSAGO or pass MOT.

The issued document does not require certification in a notary's office and can be drawn up simply in writing. The paper must be certified by the personal signature of the owner of the vehicle, and in it must contain the following information:

  • Information about when and where the document was issued. At the same time, you need to know that without this information it is not considered valid and does not give any rights;
  • Passport details of both the authorized person and the principal, as well as information about their place of residence and dates of birth;
  • Complete information about the vehicle, its brand, information about when the vehicle was manufactured, its engine, body and chassis number, as well as ID and PTS information;
  • A list that indicates the powers of the driver (driving the vehicle, passing maintenance, obtaining numbers, etc.);
  • The period during which the paper will be valid. However, there is no legal minimum or maximum - you can enter any desired value. If the period is not indicated in the paper, then according to the law it will be valid for one year;
  • Information about whether the authorized person will be able to entrust the car. This means the right to transfer rights under the document to other persons. If such a right is not directly indicated in the document, then it is considered that the trustee does not have it.

One more important point is that when driving outside the Russian Federation, a simple power of attorney cannot be dispensed with. In this case, it is necessary to draw up a notarized document certifying the right of the driver to travel abroad. In this case, if the document does not specify a specific period of its validity, then it remains in force until the revocation of such a right by the principal.

Summing up

Quite often, a car is purchased for use by the whole family, and not just by one owner. At the same time, the question immediately arises: do you need a power of attorney to drive a car in 2019?

A car is registered for one person, and the rest will need a special document that gives them the authority of a driver.

In accordance with latest changes in law, the driver does not have to present a power of attorney to the traffic police inspector, but in some situations he will need it.

A power of attorney is an authorization issued by the owner to another person for representation before a third person in writing.

After the changes in the law, which came into force on November 24, 2012, when checking documents, traffic police officers cannot require a power of attorney, neither its handwritten version, nor notarized. But this does not mean that it is not needed at all.

There are several ways to issue a power of attorney to drive a vehicle:

The power of attorney can be drawn up in any form on sheet A4. At the same time, it is important to adhere to all the requirements for the document. After drawing up, it must be certified by a notary if it is planned to carry out some registration actions with the machine.

For example, in the case of transfer of the right to buy or sell. But in most cases, it is not necessary to notarize a power of attorney.

Both a handwritten power of attorney to drive a car and drawn up using printed means will be considered valid, meeting certain requirements:

  1. Be sure to put the date of issue of the power of attorney, written in words, otherwise the document will be considered invalid.
  2. If the vehicle has several owners, then all their names must be included in the power of attorney form.
  3. Be sure to specify the validity period, no more than 3 years. If it is not specified, then 1 year is assumed.
  4. If you need to issue a power of attorney to drive a car for several people, then you can enter any number of people. Typically, this opportunity is used by organizations that draw up a document in the ratio of employees.
  5. All information about the car must correspond to reality and the information that is indicated in technical passport and other documents for the car.
  6. The text should not contain corrections and strikethroughs. If they are, the notary will not be able to certify the document.
  7. If the person to whom the power of attorney is issued cannot be present at the same time, then the procedure takes place without him.
  8. When compiling a document using printed media, it is important not to forget about the signature under the text of the power of attorney.

Power of attorney from individual the right to drive a car is drawn up with the following information:

  • make and model of the vehicle;
  • number that was assigned during the passage state registration;
  • VIN - number that is indicated during the production of a car;
  • body number;
  • Name government agency who issued the technical passport;
  • car color.

In order to issue a power of attorney, it is necessary not only to determine how it will be drawn up and certify it with a notary, but also to collect the necessary package of documents:

  1. Original and copy of the client's passport.
  2. Original and authorized copy.
  3. Technical passport of the car.
  4. Certificate of state registration of the vehicle.

When drawing up a power of attorney, special attention should be paid to such a moment as determining the powers of the authorized person. The owner of the vehicle has the right to reduce and increase their list.

If the owner does not indicate this, then the following rights are transferred to the trustee:

  1. Independent driving, without the need for the presence of its owner.
  2. Car run.
  3. Participation in customs clearance auto.
  4. Passing the registration procedure in the traffic police departments.
  5. Car insurance and receiving insurance payments that are assigned by the insurer.
  6. Possibility to pick up vehicle from the penalty areas.
  7. The authorized person has the right to technical inspection car without the presence of the owner.

In 2012, the rules traffic an amendment was made to cancel the power of attorney to drive a car in Russia. This means that this document is no longer required to drive a vehicle.

The traffic police officer does not have the right to demand a power of attorney. Thus, in order to simply drive a car, it can not be issued.

But, despite this, the document evidencing the right to own or use the car has not lost its relevance. Any registration or legal actions can be carried out by a third party only with a power of attorney.

An unauthorized driver will need a power of attorney when passing a technical inspection, this car, ordering duplicate license plates and issuing an OSAGO policy.

In accordance with the law, technical inspection is allowed, registration diagnostic card upon completion and compulsory insurance without a car owner.

A written power of attorney can be used when you need to pick up the car from the impound. Without her presence. employees of a special site have the right to refuse to issue a car, as they will not be able to dispose of property without the permission of the owner of the vehicle.

It is important to know that a power of attorney to drive a vehicle can be issued not only by its owner, but also by the person who uses this car by proxy. This means that you can issue a power of attorney for a power of attorney.

If there is a need to exclude the use of the machine by unknown persons, the inscription must be made on the form of the document: "without the right of substitution."

The question of whether a power of attorney is needed if a person is included in the insurance is quite logical and relevant. Even before 2012, in order to drive another person's car, it was necessary to comply with the following mandatory conditions:

  1. Another driver could drive the vehicle only if he was registered in the OSAGO.
  2. The owner of the car must issue a power of attorney for it.

These two mandatory conditions brought only unnecessary trouble for drivers. Therefore, in November 2012, the legislation was amended.

Now, if the driver is entered in the OSAGO, a power of attorney is not required. A person has the right to drive someone else's car if he is included in the autocitizen policy.

The procedure for adding a driver to insurance is quite simple. This can be done both by contacting the insurer directly, and by purchasing an electronic policy.

But such changes apply only to travel by vehicle, and in other cases not related to driving, a power of attorney is required.

Many are interested in the question, do you need a power of attorney to drive a car when traveling abroad?

If the car is someone else's, then in order to cross the border on it, the driver will need to obtain a power of attorney from a notary. It will allow you to dispose of the car at your own discretion and temporarily drive it outside the country.

In the document you need to enter the data of your passport. In addition, the power of attorney must contain the right to travel to this vehicle abroad.

It does not need to be translated, since law enforcement agencies in European countries it is not checked.

It is not always known whether the state requires a power of attorney for a car. Therefore, it is better to inquire in advance at the consulate of the country. Such information can be obtained when drawing up a car insurance contract; in certain countries, Russian documents and powers of attorney are also checked.

To avoid problems at the Russian customs with the temporary export of a car, along with a power of attorney, you need to present a car passport and a registration certificate.

In accordance with the current legislation of the Russian Federation, in order to drive someone else's car, the driver is not required to have a power of attorney. This document will be needed only when handling a car as property.

When drawing up a power of attorney, you must adhere to certain requirements. Be sure to enter the expiration date, put the current date and the signature of the owner of the vehicle.

The power of attorney is official document, to recognize it as invalid and deprive of legal force is possible only through the court.

for drivingis gradually becoming a thing of the past, although in some situations it is still necessary. And presenting a power of attorney to drive a car is not currently required for traffic police officers, although, as a rule, drivers who do not own vehicles have it. In what cases this document may be required, we will describe below.

Do I need a power of attorney for a car (car)?

Since 2012, power of attorney to drive a car is really no longer needed when driving a vehicle and passing a document check by traffic police officers. Police officers do not have the right to require you to submit documents that confirm your right to own and use a car, including a power of attorney for a car, a vehicle passport, and a car purchase agreement. But this does not mean that a power of attorney is not needed at all.

Without a power of attorney to drive a car, for example, you will not be able to pick up a car from a car impound, get a duplicate license plate, vehicle passport, deregister it, issue a compulsory insurance policy, pass a car inspection, and so on.

Each motorist using a vehicle for which he does not have ownership rights, if necessary, can use the power of attorney form for the car available on our website. This rule should be followed in cases where the car is used by third parties, as well as by family members or relatives of the owner. Thus, the answer to the question of whether a power of attorney is needed for a car will be unequivocal - yes.

Handwritten power of attorney for a car

A power of attorney for a car does not require notarization and may well be drawn up in a simple written form. A handwritten power of attorney for a car is certified by the personal signature of the owner of the car (principal) and must contain the following mandatory details:

  1. Information about the date and place of the document. It is important to note that a power of attorney without specifying the date of its issue is considered void, that is, it does not entail either rights or obligations for the parties.
  2. Passport data of the principal and authorized person, information about their place of residence and dates of birth.
  3. Complete information about the car (make and model, year of manufacture, engine numbers, chassis, body, an identification number), data of the vehicle passport.
  4. The list of powers of a trusted person (driving a car, passing a technical inspection, obtaining license plates, and so on).
  5. An indication of the duration of the power of attorney. Legislatively, the minimum and maximum terms of the power of attorney are not limited, so you can specify any. If the period is not specifically specified in the power of attorney, then, in accordance with civil law, the power of attorney is considered issued for 1 year.
  6. Indication of the presence or absence of the authorized person of the right to delegate the power of attorney. The right of substitution means the ability of a representative to transfer his rights by proxy to another person, notifying the principal about this within a reasonable time. If you do not expressly indicate the right of substitution, the power of attorney is considered issued without such a right.

Separately, it is worth answering the question, do you need a power of attorney to drive a car when traveling abroad? If a trustee will travel outside the state in your car, then a simple power of attorney is indispensable here. A notarized document will be required, which, among other things, will directly provide for the right of the representative to leave the Russian Federation. Here it is necessary to clarify that in accordance with paragraph 2 of Art. 186 of the Civil Code of the Russian Federation, if the term of its validity is not directly indicated in the power of attorney, such a document remains valid until it is canceled by the principal.

The next additions to the traffic rules, adopted by legislators in 2012, set before motorists interest Ask: “Does the driver need a power of attorney to drive a car now?” The thing is that, according to the adopted provisions, the power of attorney is no longer included in the list of documents presented by the driver when stopped by the traffic police inspector at the road post.

You don't need a power of attorney to drive a car.

The driver of a private car is required to present driver's license, insurance certificate and vehicle registration document. These documents are sufficient to manage private car. At the same time, this provision does not mean that a power of attorney to drive a car is not needed at all. Just its absence is not the basis for the detention of the car or the application of penalties. The traffic police inspector has no right to punish a driver for driving a car without a power of attorney.

When is a power of attorney required to drive a car?

According to the definition of legislative acts, a power of attorney is understood as a written certificate of the voluntary transfer of one's powers to another person on the presentation of one's rights to a third party. This document continues to play important role in the lives of motorists. After all, it is not always possible to run yourself through all instances to perform all the necessary bureaucratic actions with your property.

Despite the fact that the power of attorney to drive a car has been officially canceled, its presence will be required to perform any legal actions with a vehicle. In our article, we will acquaint you with the procedure for compiling a document, and here you can also download a sample power of attorney for a car for free.

The decision to cancel the power of attorney to drive a car entered into legal effect from November 24, 2012, and this paragraph (clause 2.1.1) was finally excluded from the Rules of the Road. It would seem that now it is not necessary to present to the traffic police officer a document on the right to own and use a vehicle, which means that there is no need to issue a power of attorney. However, any legal or registration actions(for example, technical inspection, registration, etc.) without the participation of the owner can only be carried out with an official power of attorney.

Important! In order to avoid problems with insurance companies in the event of an accident, the person driving the vehicle may not have a power of attorney, but it must be included in the OSAGO insurance policy! A driver who is not included in the OSAGO policy is fined 500 rubles (part 1 of article 12.37 of the Code of Administrative Offenses of the Russian Federation), the vehicle he drove is not delayed. In cases of absence or expired OSAGO policy, a fine of 800 rubles is imposed.

So, what is a power of attorney for a car in civil law? This is a written authorization of one person to another to represent interests before third parties. The power of attorney contains exact information about the owner, the car, the scope of authority, the date of issue and the signature of the owner.