The traffic police are hunting for drivers without powers of attorney and waybills

What sanctions are provided?

According to Decree of the Government of the Russian Federation No. 1156 of November 12, 2012, when a person provides documents to a traffic police officer, a power of attorney is not required . But this does not mean that the driver should not register for driving someone else’s car. If an inspector stops a person who does not own a vehicle, and he is not included in the OSAGO policy, in accordance with Article 12.37 of the Code of Administrative Violations, a fine is imposed.

Note! Even if the owner of the car is with the driver, if the person’s data is not recorded, it is considered a violation.

Penalties

The driver of the vehicle is not required to have a power of attorney for the vehicle. And when stopped, traffic police officers do not have the right to demand this document. According to the law (clause 2.1.1 of the Traffic Regulations of the Russian Federation; clause 2 of Article 15 of the Federal Law No. 40), it is enough for him to have an MTPL policy that allows him the right to drive this vehicle.

If a traffic accident occurs and the culprit driver does not have a policy , then he will be obliged to compensate the damage to the injured party. In addition, you will have to pay a fine of 800 rubles , according to Art. 12.37 Code of Administrative Offenses of the Russian Federation.

Traffic police officers can remove a driver from driving a vehicle in the absence of an MTPL insurance policy. Then the car is sent with the help of a tow truck to the impound lot (read about fines for driving without insurance and technical inspection here).

It is necessary to remember : administrative legislation states that driving a car without insurance is permitted for 10 days from the date of purchase of the car.

Do you need a power of attorney to drive a car in 2021 from an LLC?

Legal entities engage in commercial activities and hire drivers to perform certain tasks. In order for a person to take part in transportation, he must have with him a package of documents reflected in clause 2.1.1 of the Russian Traffic Regulations. The power of attorney is also not included in the list of papers. In 2021, it is not needed to drive a car. It is enough to have unlimited insurance or to include the driver in the list of persons in the compulsory motor liability insurance company who have the right to drive a car. Traffic police officers do not have the right to demand any documents other than those reflected in paragraph 2.1.1 of the Russian Federation Traffic Regulations (driver’s license or temporary permit to drive a car of the corresponding category, registration documents, permission to transport passengers and luggage, waybill, license card and documents for the cargo, papers confirming the presence of disability, if the vehicle has a “Disabled Person” identification mark, an insurance policy or a printed version thereof).

However, a power of attorney for a car from a legal entity may still be needed. The machine is considered a source of increased risk. The situation on the road is difficult to predict. Having prepared a power of attorney, the legal entity will transfer the resolution of issues relating to the vehicle to the authority of the employee. The driver will be able to:

monitor the technical condition of the vehicle and promptly send it for repairs;
undergo technical inspection;
pick up a vehicle from an impound lot.

The exact list of powers depends on the content of the power of attorney. Notarization is not required in 2021. It is enough to draw up the document by hand. The company will relieve itself of the need to fill out travel forms every day. It is recommended to prepare paperwork if the driver is traveling in an organization vehicle to another country or region.

Power of attorney for a car from a legal entity can be found here.

Is it possible to drive a car with permission from a legal entity?

An organization often allocates a car that can be driven by several employees. To do this, you need to issue a power of attorney for all users of the company car. It represents documentary evidence of the right to perform specific actions specified in the text of the power of attorney.

Such actions could be:

car control;
carrying out its repair;
resolving issues with an insurance company or traffic police;
returning the car from the impound lot.

Such powers are clearly listed in the document.

Organizations quite often draw up a general power of attorney , and drivers, couriers, or heads of certain departments of the organization become their authorized representatives.

Do you need a power of attorney to drive a car if the driver is included in the insurance?

Before the introduction of changes to the law, the following documents were required to drive someone else's vehicle:

insurance policy
special power of attorney

At the same time, the last document could be written out simply by hand; forms were sold at all kiosks. It was enough to indicate the full name, authorized representative and put the owner’s signature and date.

Insurance policy

Of course, the traffic police inspector would not check the authenticity of the signature.

But this formality was required to be observed.

Although it was pointless.

Anyone could fill out such a piece of paper.

Now many drivers are wondering whether it is possible to drive without a power of attorney if they are included in the insurance.

Since 2012, some changes have been made to the legislation. Now there is no need for this document during normal driving in our country. It is enough that the driver is included in the insurance.

Accordingly, the fact of the right to control is also confirmed by this document. Since the owner includes the driver in the insurance policy, this means that this is done so that he can drive. Therefore, the inspector does not need to show any other documents.

Insurance without limits

It is very easy to enroll a person in insurance.

To do this, it is enough to come to the insurance company with documents.

When purchasing a policy, you can immediately designate several persons in this document.

It contains the details of all people who have the right to operate the car.

In addition, there are insurances without restrictions.

They are more expensive, but absolutely any circle of people can travel with them. This document has become a kind of substitute for a driving power of attorney.

The law allows not to issue a power of attorney, however, there are cases not related to driving in which this document is simply necessary.

As before, the driver will need this document if the vehicle belongs to a legal entity. Then the power of attorney must have the stamp and visa of the manager.

Important! Penalties for driving without a power of attorney cannot be issued. If this happens, you should write a complaint to the relevant organizations. But for this it is necessary to clarify the data of the inspector who is trying to impose a fine.

Thus, a power of attorney to drive a vehicle has long been no longer a mandatory document when driving.

What kind of document is this and when is it required?

Important! Article 185 of the Civil Code of the Russian Federation states that a power of attorney for a vehicle is a legal document confirming a person’s right to drive a certain car.

Its preparation can only be done by the owner of the car.

The following categories of people can become attorneys:

subordinate to the organization;
relative;
friend of the owner.

The main function of the document is to grant the right to carry out specific operations in relation to the specified transport on behalf of its owner.

Exactly what powers the attorney will have are specified in the text.

Compilation takes place in writing or electronically according to the specified template.

Kinds

There are 3 types of documents for the right to drive a vehicle. These include such options for powers of attorney.

General: with its help, authorized persons have the right to use and drive the car. Thanks to it, it is possible to remove and register a car and provides the right to buy and sell. To issue this type, you need to fill out a certain form, which must be notarized and have a stamp of the established form.
Special: thanks to this type, a person is allowed to carry out certain legal operations in a specific area.
One-time: it can be used to perform only 1 action. For example, it allows you to undergo state technical inspection.

When insuring vehicles, in order to obtain CASCO insurance, a general or one-time special power of attorney is presented, allowing the authorized person to insure a specific vehicle. When purchasing compulsory motor insurance, the person who enters into the contract must have any type of power of attorney.

In what cases is a fine not issued?

No matter how strange it may sound, punishment can be avoided. Here, as with any legislative provision, there are footnotes or amendments. Firstly, someone else’s vehicle may not just be provided to you for free use, but, for example, under a lease agreement or as a result of inheritance, and secondly, you could buy a car, and until you re-register it, it is considered someone else’s. In such situations, the law allocates 10 days, during which you must have time to register the car and issue an MTPL insurance policy for it. You can drive a vehicle for the allotted time of 10, and no fine will be issued. As confirmation when you are stopped by a traffic police officer, you need to provide the appropriate document.

The situation is completely different when there is a policy, but it is issued by another state, but at the same time it operates within the framework of the international insurance system, for example, a foreign citizen is temporarily staying in Russia. This provision is enshrined in Federal Law No. 223. Responsibility is also removed from those drivers who drive a vehicle whose maximum design speed does not exceed 20 km/h.

However, you should not confuse such cases with those when you got behind the wheel of a car and the owner convinced you that he has an insurance policy for unlimited access and you are not breaking any rules. If a traffic police officer stops you, the fine will still be issued both in your name and in the name of the owner, but here you can prove the fact of deception in court and demand reimbursement of expenses from the person responsible.

How to apply: step-by-step instructions

Before drawing up a power of attorney to operate a vehicle, its owner must draw up the document in handwritten form .

A blank form can be purchased at a kiosk or printed by finding it on the website on the Internet.

In case of emergency, a person can write a power of attorney on any paper.

There is no need to certify such a power of attorney with a notarized seal; the signature of the car owner is sufficient.

Basic design requirements

Indicating the validity period.
Writing in words the date of receipt of the power of attorney.
Indicate the address of the owner and authorized person.
Passport details of the owner and persons who are allowed to drive the car.
Specifying basic transport data:
its numbers, body and engine numbers;
color, series and date of issue of the technical passport and the name of the structure that issued it.
If there are several persons who own the vehicle, they must be mentioned in the document as principals.
Mandatory indication of specific actions of the authorized person:
remove or register;
exploitation;
right of subrogation.
Owner's signature.

Note! When writing a document, the personal presence of an attorney is not required.

Where to contact?

If the document is drawn up for a loved one or relative, you can purchase a form at any kiosk , on various Internet portals, or use a blank sheet of paper.

However, when it is registered in the name of an employee or an unfamiliar person, it is recommended to use the services of a notary office.

What documents are required?

The main documents for issuing a power of attorney are:

Russian Federation resident passport of the car owner;
Russian Federation resident passport of the authorized person;
registration certificate of the vehicle for which the document is being prepared;
certificate of registration of a specific vehicle with the traffic police;
the original of the original power of attorney, if the procedure of re-authorization occurs.

Registration cost

The price of notarized document preparation may depend on several reasons: the type of power of attorney, duration of use, the number of participants in the procedure and the need for a specialist to travel to the client’s home. The cost of registration directly depends on the volume of work of the notary.

When certifying an already prepared power of attorney, the price is 400 rubles.
Registration and identification for an individual costs 800 rubles.
For legal entities, the price of certification is 1200 rubles.

Validity

When writing a power of attorney, the parties to the transaction can indicate the duration of its use. The document will be considered valid until the end of this period. The maximum duration today is no more than three years . If the owner specifies a duration beyond this period, after 3 years the power of attorney is invalidated.

If for some reason the owner has not noted the period for using the power of attorney, it will be valid for 1 year from the date of its issuance. Experts explain this period of validity by saying that the document is a forward transaction.

Reference. If the deadline for drawing up is not specified, the legal force of the power of attorney loses its force.

What actions can a trusted person perform with the car?

Upon receipt of the document, the attorney is allowed to perform the following actions:

the ability to register or deregister a car by an authorized person;
passing any technical inspection by a person who is not the owner of the vehicle;
returning a car from a parking lot;
carrying out the sale of a specific car;
concluding a purchase and sale agreement indicating in the document the right of the attorney to conduct the transaction;
traveling abroad in a specific car;
issuing a compulsory motor liability insurance policy for a vehicle and receiving an amount of money for insurance in the absence of the owner of the car;
submission of documents by an attorney to the insurance company in the event of an accident due to the short time frame for their registration in the event of an insured event.

If a power of attorney is not needed in all situations, then you should always have other documents with you. What is the fine for driving without documents, including driving a car with a trailer? In what cases is it permissible to travel without documents without breaking the law? What is the penalty for driving a vehicle without a license and lacking a registration certificate and license plates? You will learn about this on our website.

Is it possible to drive a car without a power of attorney: types of document

A power of attorney can be issued by both an individual and a legal entity for the purpose of transferring authority to another driver and authorizing certain actions. So, if we are talking about a public or private company, management delegates the authority to drive and own a car to a full-time employee. As the law says, a power of attorney can be:

One-time. The paper is not notarized, but specific actions are prescribed. For example, the driver is not a temporary owner, but has the right to drive the vehicle for a certain period of time.
Special. It must be drawn up by a notary and immediately certified. This type of paper will be required if the motorist carries out certain instructions (providing a car for technical inspection, deregistration, and much more.
General. Allows the driver to perform almost any action with the vehicle: drive, provide for maintenance, sell. The document clearly states all the actions that the driver has the right to implement. Such powers of attorney are not issued to the temporary owner, since the paper is equivalent to a purchase/sale document.