Currently, few ordinary mortals can afford to buy a car. however, it also happens that there is a machine, but it is not possible to use it in connection with various life circumstances.
There are two options: either sell or allow another person to use it.
In the second case, no documents are drawn up, you do not even need a power of attorney if you have insurance without restrictions, and the driver simply uses the car for its intended purpose.
In all other situations, documents are compiled with the powers defined in them.
Special order
A power of attorney for the right to drive a vehicle is necessary in the following circumstances:
- passing inspection;
- registration or deregistration;
- return of the car from the penalty area;
- border crossing if the owner of the vehicle is absent.
The document must necessarily indicate the technical points (engine, chassis, data sheet), as well as all the powers vested in the trustee.
Sale
In some cases, if necessary, to sell vehicles constitute a general power of attorney for the car. Basically, the owner provides the right only specifically to commit actions related to the alienation of the machine.
The power of attorney must contain a technical description of the car and a list of actions that can and should be performed by the person in whose name the document is being drawn up.
Extended Authorization List
General power of attorney for a car can be obtained by purchasing a machine in various ways.
This document allows a person to perform all actions related to the vehicle, including selling, exchanging or donating, as well as receive money in the process of alienation and be a representative in the traffic police in various circumstances.
The document indicates the characteristics of the car and the list of powers of the proxy, as well as the period for which the power of attorney is issued, with the right of transfer to third parties.
Positive sides
If such a document is available, the user does not need to register the machine. This saves time that could be spent idle in lines, as well as some amount of money needed to pay the state duty in the traffic police.
In the event that a citizen decides to sell a car, he draws up a general power of attorney for the car in the same way, avoiding bureaucratic red tape.
Negative sides
When preparing a document with authority there are several drawbacks, knowing about which, it is worth refusing to draw up a power of attorney if a purchase and sale transaction is to be completed.
Firstly, the person in whose name the paper is written will never have the right to register the car as a property.
Secondly, the current owner of the car can at any time revoke the general power of attorney for the car.
Thirdly, in the event of a dispute over the right to own a transport, a proxy will terminate all the powers prescribed in the document.
Content
If the buyer or another person still decides to draw up a power of attorney, all legal subtleties must be observed.
The form of a general power of attorney for a car, if issued by the owner, includes the following items:
- indication of the date and place of compilation;
- body, engine and chassis identification numbers;
- number of the document on the right of ownership (vehicle title);
- full details of the true owner, including passport details;
- same proxy data;
- a full list of powers that the owner delegates to the citizen;
- indication of the right of transfer;
- validity period of the document;
- owner's signature;
- Signature and seal of a notary.
When transferring a car for use by the owner, a general notarized power of attorney for the car is required. The presence of a notary is also necessary in those cases when transfer to third parties is carried out.
Revocation of power of attorney
As previously noted, the owner of the vehicle has the right to withdraw the power of attorney at any time. If the paperwork was drawn up in a notarial order, the legal owner notifies the change of his decision to the specialist who certified the document, and the traffic police.
It is also necessary to notify about this - in writing or verbally - the citizen, in whose name the owner wrote out a general power of attorney for the car.
In the event that it is not possible to find a trustee, it is necessary to notify traffic police officers about this situation along with the notice of withdrawal.
In the absence of confidence that the trustee will voluntarily return the car, the law does not prohibit the true owner of the vehicle from filing a police theft report.
Duration and Renewal
If both parties are conscientious citizens who have issued a power of attorney for any reason, claims, as a rule, do not arise.
However, unlike the contract of sale, under which the right to a car is fully transferred to the buyer, the power of attorney has a validity period.
The period indicated in the document may end in connection with the death of the principal or the recognition of him as legally incompetent (in court).
If these circumstances do not arise, and the general power of attorney for the car has ended for natural reasons, it can be extended. In this case, the owner draws up a new document.
There are two more options to keep the right to the car:
1. “Sell” the car to a relative, who then draws up a general power of attorney for the car.
2. To draw up a contract with a citizen who immediately “sells” the vehicle to the one in whose possession the car was still. This option is most convenient from the point of view of the possibility of legal registration of ownership of movable property.
Copies
An authorized person will need such a notarized document as a copy of the general power of attorney for the car to perform registration actions in the traffic police or when making a purchase and sale transaction.
This is necessary to confirm the lawfulness of the actions performed by the authorized person, since the procedures are carried out on behalf of the owner in his absence.
To exclude possible claims from the true owner, a copy is attached to the rest of the documents related to transport.
If the owner managed to revoke the power of attorney, about which he must immediately notify the inspection, all transactions made after the recall will be invalid.
Inheritance
Getting the car by the relatives of the deceased trustee is impossible, since the owner issued the general power of attorney for the car to a specific person. At the same time, ownership of the one who used the machine did not arise.
The power of attorney is automatically canceled in the event that the recipient of powers died earlier than the expiration of this paper.
The heirs of the car owner are entitled to this property due to the fact that the car was not sold. If the user did not have time to implement it before the death of the owner, she goes to the relatives of the deceased. The law in this case is on the side of the heirs.
Basic rules for compiling a document
The paper delegating certain powers takes place according to the general rules, in accordance with which the text of the general power of attorney is drawn up for the car.
According to Articles 185-189 of the Civil Code of the Russian Federation, this order, among other mandatory details, must include the date of drawing up. Without this, the power of attorney will be declared null and void.
Not only a notary public can certify a document, but also other persons, namely:
- the chief physician when finding a principal in the hospital;
- the head of the colony, if the citizen is in a correctional organization;
- captain of a swimming facility in case the principal is on the flight;
- director of the company, if the power of attorney is issued on behalf of the organization in the person of the manager;
- Head of the village administration, if a person lives in this territory.
According to the general rules, the period of validity of the power of attorney is determined, if this is not indicated in the document. In such cases, the period is considered equal to one year. The maximum duration of the power of attorney is three years.
If the owner is a legally incompetent or minor person, a power of attorney can only be issued by his legal representative.
