Power of attorney for transporting a car on a tow truck

If you plan to transport a car, then the organizations that will carry out this procedure require a power of attorney. However, the current legislation does not contain provisions requiring mandatory execution of the document. We will discuss in this review whether it is necessary to prepare a trust document in advance and what a power of attorney form for transportation by tow truck should look like.

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Form and its contents

General rules regarding the preparation of a power of attorney are contained in Art. 185-186 Civil Code of the Russian Federation.

The power of attorney form for a car typically contains the following information:

Date and place of issue of the document.
Information relating to the owner of the car.
Information relating to the attorney.
Information about the vehicle.
Validity period of the document.
Signature.

General provisions on the power of attorney for the driver

A power of attorney is a written authority issued from one person to another to carry out any legally significant actions. The procedure for preparing documents of this kind is regulated by the Civil Code of the Russian Federation in Art. 182-189.

A power of attorney for the driver to transport cargo must be in writing. Oral transfer of powers has no legal force. This is reasonable, since it is impossible to prove the fact that the principal gave the driver the opportunity to transport cargo if such authority was given orally.

In addition, a mandatory requirement for a power of attorney is an indication of the specific powers of the person to whom the document is issued. The powers must be spelled out as specifically as possible and do not allow for double interpretation. If the document is drawn up correctly, it becomes binding on any third parties with whom the driver comes into contact.

Since the driver is given a power of attorney by the organization, the law does not require that it be certified by a notary. The signature of the sole executive body of the company (its director, general director, president, etc.) is sufficient. If the company has a seal, it must be affixed. If not, then there is no such requirement.

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Execution of a document from a legal entity

There are situations when approval of a power of attorney is required for the transportation of a company-owned vehicle. Most often, a document is drawn up for an employee of the organization, for example, a driver, but it can also be a third party.

IMPORTANT! A executed power of attorney from a legal entity must be notarized in order to avoid possible problems and disagreements with law enforcement agencies.

There are few differences between a power of attorney from a legal entity and an individual.

In a power of attorney for a legal entity, an organization acts as the owner of the car, so it is necessary to indicate information such as the name of the organization, position and full name of the person representing the company. Other information regarding the authorized person and the vehicle remains unchanged.

Simple and general form

A general power of attorney for transportation allows not only to use a car (including transporting it), but to dispose of this property (for example, to sell or buy). Consequently, an authorized person, having such a document, will be able to receive a car, for example, from an impound lot if an accident occurs during transportation.

In addition, using a general power of attorney, you can be a representative of the vehicle owner in the traffic police , or issue your own power of attorney to third parties (if the document itself does not contain a clause prohibiting sub-assignment).

If there are concerns that may arise along the way, it makes sense to make not a simple, but a general power of attorney.

ATTENTION! A general power of attorney is issued exclusively by a notary.

How to write?

For transportation by tow truck

Calling a tow truck if your car breaks down is usually not difficult. Another thing is providing all the required documents to the evacuation service. Otherwise, you may be denied transportation of the car.

You will need:

Driver's license.
Vehicle registration certificate.
Power of attorney to drive a car (if the owner of the car is not present).

If you have a power of attorney to drive a car, which contains an indication that such an authorized person has the right to transport the vehicle, then, as a rule, a separate document for the transportation of the car is not issued.

However, according to changes in the traffic rules, which came into force on November 24, 2012, currently the fact confirming the right of an authorized person to drive a car is its inclusion in the insurance policy.

Reference! If neither the owner of the vehicle nor his attorney can accompany the vehicle during transportation, then the power of attorney is issued to the tow truck driver.

Sometimes other documents may be needed for transportation:

Inventory of damage (car acceptance certificate). Issued when transporting a car after an accident. The inventory records existing damage to the vehicle in order to avoid possible misunderstandings or disagreements between the owner of the car (trusted representative) and the towing service regarding defects and damage to the vehicle.
Documents for the vehicle. If the driver cannot accompany the car, he must hand over the documents for the car to the towing service, indicate the destination address, as well as information about the person accepting the car, including indicating the contact phone number of this person.

Fill out the power of attorney for evacuation on a special form, which is issued by the evacuation service employees on site.

To the stage

As stated above, it is not necessary to issue a power of attorney to drive a vehicle.

However, if you purchase a car in another country and, if necessary, cross the borders of the Russian Federation with it, you will still have to issue a document to transport the vehicle. About what powers of attorney are needed abroad and to cross customs is written here.

When crossing the border, the paper must be certified by a notary (how much will it cost?).

Instructions for writing a power of attorney when evacuating and moving a car:

Enter the city and date.
The city of Voronezh, the twenty-fifth of May two thousand and sixteen.
Write down detailed information about the owner of the vehicle: full name, place of residence, series and number of the passport, by whom and when the passport was issued.
Mikheev Alexander Vladimirovich, living at the address in Voronezh, st. Kirova, 17, apt. 56. Passport series 7859 series 263897, issued by the department of the Federal Tax Service of Russia for the Voronezh region in the Leninsky district of Voronezh, date of issue: 02.02.2010, department code: 360-007.
Provide detailed information about the vehicle: make and model, identification number, year of manufacture, series and vehicle passport number, etc.
Make: Hyundai, model: Solaris, state. number: У158УК, VIN: Z94CU41CBBR213760, year of manufacture: 2014, engine No.: 589645, chassis No.: 0512569, body No. Z94CU41CBBR213760, color: blue.
Vehicle passport series: 85TX number: 875699
Vehicle registration certificate series: 36 XP number: 785965
Issued by the Voronezh Region State Traffic Safety Inspectorate on May 07, 2021.
Write information about the authorized person. When evacuating a car, this is the tow truck driver; when driving - the person who will transport the vehicle.
Stepanov Vadim Viktorovich, living at the address in Voronezh, st. Koltsovskaya, 29a, apt. 126. Passport series 7698 series 2589, issued by the department of the Federal Tax Service of Russia for the Voronezh region in the Leninsky district of Voronezh, date of issue: 07/06/2007, department code: 360-007.
Write down the settlements from and where the vehicle will be transported (in the power of attorney for moving the car).
From Smolensk, Churilovsky lane, 1a to Voronezh, st. Kirova, 17.
The actions that the authorized person can perform are indicated.
This power of attorney for evacuation gives Vadim Viktorovich Stepanov the right to:
Transport the specified vehicle to its destination.
Specify the period for which the document is issued.
The power of attorney is valid until the twenty-fifth of May two thousand and seventeen. Without the right of subrogation.
Put the date and signature with the transcript.
May 25, 2021. Mikheev Alexander Vladimirovich.

Duration of the power of attorney

Regardless of the type of power of attorney, the document is considered valid for one year if certain periods were not specified during execution. In addition, it should be remembered that the specified period of validity of the trust document cannot exceed 3 years (36 months). Thus, you can always extend or reissue this document.

How to draw up a power of attorney for the carriage of goods to the driver

Only a correctly drawn up trust document will become official confirmation that the trustee has the right to perform certain operations on behalf of the principal. Therefore, it is very important to draw up the paper according to the general rules that are enshrined in the Civil Code of the Russian Federation.

General rules

The shipper draws up a trust form for the vehicle driver in the following form:

In cases where the organization provides a stamp, it must be placed in the header of the document. In addition, the date of issue of the document, as well as the name of the issuing authority, should also be indicated here.
Then the name of the document itself is entered - in our case, “POWER OF POWER”.
After this, you must enter the necessary information about the organization that transfers the cargo (name, legal address and details).
Next, information about the principal is entered, namely his position in the company.
Documents on the basis of which the power of attorney is drawn up by this person.
Information about the authorized person (full name of the vehicle driver, passport details, actual residence address).
After this, the data of the accompanying invoice (date of preparation, as well as, if available, serial number) should be entered into the document.
All necessary information about the cargo being transported.
Address data for the issuance and delivery of cargo.
At the end of the power of attorney, as a rule, the validity period is indicated. However, this field does not require mandatory completion. If certain deadlines are not indicated on the form, the document will remain valid for one year.
To confirm the trust document, the signature of the head of the organization is used. Some businesses use stamps, so if you have one, you should mark the document with it.