LawRegulatory Compliance

The power of attorney for the right to manage the vehicle is no longer needed

At the end of 2012, on November 24, thanks to the Decree of the Government of the Russian Federation, the duty to display a power of attorney for the right to manage the TSD inspector, the document of 16.11.2012 was abolished. No. 1156. Now any private person, when using a vehicle, must have only three documents: driver's license, OSAGO, certificate of car registration.

The employees of the DKDD motivated the amendments to paragraph 2.1. In the Rules of the Road in that the reduction in the number of necessary documents is a progressive and correct way for the traffic police to develop. Earlier, to the three types of documents mentioned above, the driver was required to present a power of attorney for the right to control the vehicle (if not the owner of the car) and the TRP ticket. The DGDD management believes that the evidence that the owner handed the vehicle to another person voluntarily is the absence of a vehicle in the MIA database as stolen, the presence of a certificate of registration of the car and car keys.

However, it was not possible to completely get rid of the use of the power of attorney. A handwritten document is needed if you need to pick up the evacuated vehicle from the parking lot and when passing a vehicle inspection without the owner of the vehicle. Employees of the DKDD authorize the use of the power of attorney for the right to manage the TC, filled in by hand, when selling a car, taking it off the register, or registering it.

The question arises as to how to issue a power of attorney. It's easy to create a handwritten version of the document. You can fill out a special form or simply use the standard form. The main thing is to specify in the power of attorney the date of its compilation, the terms of reference, the details of the principal and the attorney, the signature of the owner of the car. This document can be compiled not only by the owner, but also by another person.

When traveling abroad, the power of attorney for the right to manage the TS is required to be certified by a notary, with the exception of the countries of the Customs Union. In Belarus, it was abolished in the nineties of the last century. For travel to Kazakhstan there will be enough hand-written power of attorney and documents for the car.

In the event of making transactions with a vehicle, when the owner of the property is not a capable person or is recognized as absent, it is better to use a trust management agreement. This will protect the seller, who is not the owner of the car, from legal incidents. Features of this document are detailed in the Civil Code of the Russian Federation, chapter 53.

In the case of trust management, the founder (owner) of management issues a vehicle to the trustee . Ownership of the car remains with the owner. The contract takes into account the options for remuneration for the use of the car, the relationship of the parties, the validity of the document, but not more than 5 years.

The Trustee shall have the right to perform any operations with the property on behalf of the owner of the vehicle. Therefore, the sale of the car, made on the basis of such a contract, will be recognized as valid.

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