A power of attorney to undergo maintenance is required in cases where the car owner cannot, for some reason, personally present the car for inspection or repair . This article will help you understand when a power of attorney is needed only for individuals, and what features a trust document issued on behalf of an organization contains.
Vehicle maintenance is carried out in accordance with the basic provisions of Federal Law No. 179 of July 1, 2011 “On the technical inspection of vehicles...” . The owner of the car must provide his vehicle for inspection. If the owner of the car cannot be personally present during the technical inspection, then his representative must present a power of attorney ( Article 17 ).
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Who is the document issued to?
powers of attorney for maintenance
Such a document is drawn up by a private individual , as well as a company that owns transport.
On behalf of the organization, a power of attorney is issued by the director.
The power of attorney may indicate:
- all actions with the car, including driving, repair, maintenance;
- one targeted action limited in time.
One of the main questions regarding the execution of a power of attorney form is whether the power of attorney needs to be certified by a notary. All situations requiring notarization of a power of attorney are contained in the Civil Code of the Russian Federation (Article 185.1) . The list of such cases is exhaustive, and maintenance is not included in it. Therefore, a power of attorney to undergo a technical inspection can be issued in a simple handwritten form , certified by the personal signature of the car owner.
If a power of attorney provides for the right to delegate the powers assigned to him by a representative of the car owner to another person, then such a trust document must be certified by a notary.
Mandatory data
A power of attorney to hand over a car for service from an individual or legal organization must contain the following data:
- date of writing the document;
- information about the principal - if this is an individual, then passport data, registration information, for legal entities. persons, the address of the company, information of the general director, INN of the organization and OGRN are indicated, the personal signature of the director certified by the seal is required;
- information about the bearer of the power of attorney - passport data;
- identification information about the car (number and series of its PTS, license plate data, VIN);
- powers of the bearer of the power of attorney;
- validity period of the power of attorney (if there is no date - 12 months, maximum up to 3 years).
Registration of a power of attorney
A trust document will have legal force if it contains information:
- title of the document, date and place of its preparation;
- information about the principal-owner of the car and the authorized person: full name, data from the passport, including registration;
- make, VIN, state number, model, year of manufacture of the vehicle;
- information about PTS;
- information about the essence of the delegated powers;
- date of preparation of the document, its validity period (no more than 3 years);
- personal signatures of the principal and representative.
How to correctly draw up a power of attorney to hand over a car in 2021
There is no fundamental difference whether the document is drawn up in any form or according to a special template. Typically, organizations use letterhead for this purpose, although this is not a requirement. You can enter information on a computer, however, a handwritten document will be considered correct. There are no special requirements for issuing such a power of attorney. But it is still recommended to adhere to generally accepted rules for drawing up such documents:
Introduction
Any document that has legal force must contain a so-called “header”. In essence, this is the introduction, which reflects the essence of the power of attorney. So, the title of the document should be present here. If a power of attorney is issued to provide a car for repairs, this should be written down. In addition, here you need to indicate the city in which the document was drawn up. An important point is the date of registration. If it is not there, the document is considered invalid.
Main part
This part is designed to display all important information regarding the parties to the transaction. So, you need to describe in detail who exactly issues the power of attorney. If this is an individual, his passport information is sufficient. For legal entities, you need to specify information about registration documents, the manager, and the organizational and legal form. Similar information is prescribed about the party who plays the role of a trustee. Information about the vehicle is entered, which will allow it to be accurately identified. The powers granted are also indicated here. If there are many of them, for greater convenience, each action can be written down as a separate item.
Conclusion
Here it is necessary to specify whether the representative is allowed to transfer his powers to third parties. If it is prohibited to do this, then you need to write “without the right of substitution.” It is noted during what period the attorney has the right to use this document. All responsible persons sign autographs with transcripts here.
How to undergo maintenance by proxy
The procedure and conditions for undergoing a technical inspection by proxy are no different from an inspection that is carried out with the personal participation of the car owner . To successfully pass the inspection, three conditions must be met:
- Technically sound car.
- A properly executed trust document confirming the right of the representative of the owner of the car to carry out all necessary actions for carrying out maintenance.
- A set of documents required for the technical inspection procedure. These include:
- passport of the authorized person;
- driver's license;
- car registration certificate.
In what cases is a power of attorney issued?
Diagnostics of the mechanisms and elements of the car is carried out taking into account the requirements of Law No. 170 Federal Law, which states that the owner or his authorized representative can provide the car for the inspection procedure.
In the second case, the citizen’s powers are confirmed by a power of attorney. The owner of the car just needs to have a passport with him and present the vehicle. A power of attorney is issued by the owner of the car when he transfers the right to drive the vehicle to another person, to register it, to purchase car insurance. Is it possible to undergo a technical inspection without the owner of the car and what papers are required? If in the document in which the owner of the car gives the right to drive the car to a representative, a separate paragraph states that this person is authorized to undergo technical inspections, this document is quite sufficient. If there is no such clause, you must write a separate paper giving the right to carry out diagnostics of the car.
Who has the right to apply for service?
The transfer and receipt of a car from the service can also be carried out by proxy with the presentation of the passport of the customer’s representative (car owner) and the vehicle title. When accepting a car for service, employees of the service organization must make sure that the car owner does not object to technical work being carried out on his car .
In this case, the power of attorney specifies the authority to transfer the car for repair, receive it from repair, and carry out other instructions of the car owner. These measures can protect the vehicle from illegal actions that can be carried out by third parties.
Why do you need a power of attorney to represent interests in an insurance company?
A power of attorney is an official document drawn up in accordance with the rules of law. It may be required in cases where the owner does not visit the insurance company himself.
In practice, it is compiled in two cases:
- The owner of the car cannot physically be present at the insurer’s office due to health reasons, lives in another country or is in prison.
- The owner purposefully transferred the rights to use the vehicle to a third party, moreover, we are talking about driving the car and/or carrying out a number of other procedures.
When drawing up the document, you must strictly follow the filling example and include all the basic points. If one of the components is missing, the paper is considered invalid. A sample power of attorney for an insurance company for an individual can be found on the Internet.
Power of attorney for car repairs
Power of attorney form for repairs from an individual
The power of attorney form for repairs from an individual, when filled out, must contain the following information:
- Document title, date and place.
- Information about the principal and the authorized representative, their personal signatures at the end of the document.
- Vehicle identification information.
- The content of the authority to repair the machine, including the right to agree on the cost and timing of repair work, and to sign a certificate of completion of work.
Design principle
The process for creating a power of attorney varies slightly. It all depends on the status of the owner of the car and the person for whom it is planned to create the document. An individual can issue and receive a power of attorney quickly and easily. With legal matters, the procedure will be a little more complicated.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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Despite the differences in registration processes, the papers in both cases are very similar. The main difference lies in the legal meaning of the documents. The rights of the trustee will also be slightly different.
From an individual
If the owner of the car is an individual, then it will be easy to transfer the vehicle by proxy for maintenance. It is enough to draw up the document in writing by signing and indicating the necessary information. After this, the authorized person can go for maintenance.
When drawing up a power of attorney for a legal entity to repair a personal car from a private person, everything happens the same way. The only difference is that the document must have the right of subrogation. This is necessary so that company employees can complete the task of delivering the car to the service point.
From the organization
For individuals who received a car by proxy from the company, there are no special features in the preparation of papers. You just need to draw up an agreement and sign. The right of subrogation is not necessary in such cases.
A company that transfers a car to a legal entity must draw up a document with the right of transfer. The power of attorney itself can be presented in written or printed form. In a document for handing over a car for service from any legal entity, the content is important and should be given special attention.
Other documents for technical inspection
According to the new rules, the technical inspection procedure has been significantly simplified, this also applies to the set of necessary papers. Today the following documents are required for technical inspection:
- Passport or other document confirming the person’s identity.
- If the owner of the vehicle is not present at the technical inspection, a power of attorney is required.
- Vehicle registration document or passport.
Read also: Technical inspection period for new cars
This list is exhaustive and employees of a certified center should not require additional documents. Often, a car owner is faced with the question of whether it is necessary to undergo a technical inspection for a new car. The law does not require this if the car is under three years old.