Why do you need a power of attorney to hand over your car for service?
For what purposes can a power of attorney be issued for a car service? Most often, we are talking about granting the right to carry out repairs and maintenance of a vehicle not by the owner, but by his authorized representative in the case of cars of organizations and enterprises.
In this case, the driver who drives the car most of the time usually acts as a representative.
Under normal conditions, a power of attorney for a car service can be written in a simple form , without notarization. If the rights are transferred to third parties, you will have to contact a notary.
In a situation involving undergoing a technical inspection, any individual or legal entity authorized to perform such actions by the owner may be designated as an attorney.
IMPORTANT! According to Articles 182, 185 of the Civil Code of the Russian Federation, when a power of attorney is issued, regardless of its form (limited or general), the owner does not lose his rights to own the vehicle.
In this case, the representative who receives by proxy the right to make decisions on the scope and feasibility of work must have a general power of attorney.
In all other cases (delivery, receipt of a vehicle), a special one-time or permanent handwritten paper from the owner will be sufficient.
General procedure for passing technical inspection
Currently, you can undergo a technical inspection from any technical inspection operator at any point, regardless of where the car is registered.
To undergo technical inspection, you must submit the following documents:
- passport or other identity document;
- power of attorney
(if the technical inspection is carried out by a representative of the car owner); - vehicle registration certificate or vehicle passport (PTS).
No other documents are required to undergo technical inspection.
You can find out the address of the technical inspection operator, the technical inspection point and its operating hours, as well as pre-register for a technical inspection, in particular, on the operator’s website on the Internet.
A technical inspection can be carried out either with the preliminary conclusion of a simple written contract with the owner of the car or his representative, or without executing a written contract. In the second case, payment for vehicle inspection services will confirm the conclusion of an agreement for technical inspection.
Next, a technical diagnosis of the car is carried out, based on the results of which the owner or his representative (who has a power of attorney) is issued a diagnostic card. The diagnostic card contains a conclusion about the possibility or impossibility of operating the vehicle. In the first case, the card indicates its validity period, and in the second case, a list of identified faults that must be corrected.
The diagnostic card is certified by the signature of the technical expert who checked the technical condition of the vehicle.
Transfer of rights to legal entities and individuals
- Legal. In order to transfer authority over its obligations to a legal entity (with or without the right of subrogation), the owner must express such a desire in simple written or printed form, with the document certified by a personal signature. Notarization is required.
The power of attorney should be executed with the right of substitution (general) - in this case, all actions are not on behalf of the general. directors will be carried out under a notarized document allowing the delegation of such powers. In the case of issuing a power of attorney from a legal entity to a legal entity, similar legal norms apply. - Physical. To receive or deliver a car for repair or to a service station, a handwritten power of attorney with the personal signature of the owner and the inclusion of an attorney in the insurance form are sufficient. If you also have to resolve issues about volumes, amounts of payment, and other issues that must be determined by the owner, a general (general) power of attorney with notarization will be required.
Design principle
The principle to be followed when drawing up such a power of attorney largely depends on the status of the parties. For example, if an individual acts as a principal, he will be able to quickly draw up this document. As for organizations, the procedure for issuing a power of attorney will be a little more complicated.
- From an individual
To compile this document, it is enough to use a regular sheet of paper. The power of attorney is issued in free form. The main thing you need to pay attention to is that the document must contain the autograph of the owner. Also, an individual is allowed to entrust this action to any organization. But in this case, a power of attorney with the right of substitution is issued. This is necessary so that the head of the company, who plays the role of an attorney, has the opportunity to entrust these actions to his employees.
- From the organization
A company employee has no right to perform actions that are not his direct responsibility. To do this, the manager must issue a power of attorney for his employees. Usually the driver himself is given the authority to hand over the car for repairs. Of course, this can also be a general power of attorney. But in most cases, ordinary employees are not trusted with questions related to the amount of payment, the feasibility of repairs and other important actions. Accordingly, a special or one-time power of attorney is usually issued. If another company will handle the delivery of equipment to a car service center, a “general report” will be drawn up.
( Video : “Everything about drawing up a power of attorney”)
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).
How to compose it correctly?
Introduction
When a document is drawn up by an individual in his own hand, it is drawn up on a standard form in handwritten or printed form. The header states:
- name of the document (“power of attorney for the right to hand over the car for repair/receive it from repair”);
- place and date of execution of the document (name of the city, month in words, day and year in numbers);
- The date and place are also required.
Example:
Power of attorney No. 3
The right to hand over the vehicle for repair and resolve issues related to this process (assessment of the volume, quality of work performed). Moscow city, July fifteenth two thousand and seventeen.
Main part
The “body” of the document contains the following information:
- about the owner (principal) – passport data, information about the citizen’s registration;
- if we are talking about a power of attorney between individuals, information about the vehicle owned and the authorized person is entered - full name, passport details, number and series of the driver’s license, date of issue;
- for a power of attorney on behalf of a legal entity. the face shape will be slightly different. Here, first of all, the data of the authorized person is indicated, and then information about the car. It is mandatory for all owners to indicate a specific service center or service organization and determine the powers of the trustee.
Example:
By this document I, Ivan Ivanovich Ivanov, registered at Moscow, Krasnaya Sq. 1, passport: series 7777, number 111111, issued by the department of the Federal Migration Service of Russia in Moscow, being the owner of a vehicle of the VAZ 2111 brand, registration plate No. F111FF 199, VIN No. FFFXX11ABC111111, engine number ZX111111, chassis No. - none, body number FFFXX11ABC111111, released in 1990.
PTS: series 11FI No. 111111. Registration certificate: series 11AB No. 111111 issued by the 1st division of MOTOTRER, January 1, 1991, is registered with the Moscow State Traffic Safety Inspectorate.
I transfer the authority to represent the interests of the principal to Avtoremont CJSC, including handing over the vehicle for repairs and receiving it, determining the scope of work and accepting their implementation, paying fees for services on behalf of the owner to citizen Petr Petrovich, passport number 9999 222222, issued by the department of the Federal Migration Service of Lyubertsy on August 20, 2012, living at the address Lyubertsy, st. Central, 1, driver's license (category, series and number indicated).
Conclusion. The final part of the document states:
- type of power of attorney (with or without such right);
- validity period of the paper;
- personal signatures of the authorized person and the principal (with transcript).
Example:
The power of attorney was issued without the right of substitution.
Validity period is 12 months from the date of preparation.
Signature: Ivanov Explanation: Ivanov Ivan Ivanovich.
What form is needed?
If the car is owned by a citizen who uses it, then he can independently undergo technical inspection in specialized centers.
If control of a vehicle is entrusted to an individual who is not its owner, then in order to undergo technical inspection, the entrusted person has the right to present a power of attorney special for these purposes or a regular document giving the right to drive the vehicle.
The citizen for whom the power of attorney is issued receives a list of possibilities in accordance with the powers specified in the form.
It could be:
- driving a car at any time (during the validity period of the document);
- moving a car within Russia and abroad;
- registration of insurance, customs clearance;
- vehicle registration;
- passing a technical inspection.
The power of attorney form includes those powers that need to be entrusted to the authorized person.
There are 3 types of power of attorney:
- one-time - intended to perform only one action (for example, driving) and lost its relevance with the advent of compulsory insurance policies, this type was more suitable for individuals;
- special - it specifies the permitted actions with the owner’s property (management and inspection);
- general - this document is practically equivalent to the sale of a vehicle.
Sample from a legal entity
The document is drawn up on the organization's letterhead in any form . The header first indicates the type of document, by .
Next, the place of creation and date of the form, as well as information about the applicant, :
- name of the organization, TIN, OGRN, KPP;
- legal address;
- organizational and legal form;
- person acting on behalf of the company (CEO).
Next, the driver’s passport details and the name of the traffic police department where you plan to apply for a technical inspection are written down.
The main text part lists the technical characteristics of the car to which rights are delegated:
- vehicle brand, model;
- state sign;
- unique vehicle identification number;
- year of manufacture of the vehicle;
- horsepower, body and trailer information (if available);
- color, in accordance with technical documentation;
- data from the car passport.
Then a detailed list of permitted manipulations with the car is prescribed to the driver. For example, visiting service centers, handing over the car for technical inspection, and taking out insurance. The consent (disagreement) of the principal to the right to delegate to third parties is also recorded.
power of attorney for vehicle inspection from the organization – word.
Registration from an individual
A form from an individual is drawn up in the same way, with the exception of information about the principal:
- Full name of the individual;
- information from the passport;
- place of registration.
At the conclusion, signatures of both parties are affixed; if the document is drawn up with the help of a notary, then his signature and seal are affixed.
It is not necessary to specify an expiration date.
A power of attorney for passing a technical inspection, like other documents of this kind, is an urgent document.
When drawing up the form, you can indicate the long period that is necessary to complete the prescribed order.
The absence of a validity clause means that the duration of the form is 1 year from the date of signing.
If the owner of the car is a foreign citizen, or manipulations with the vehicle are planned outside the territory of the Russian Federation, this type of power of attorney needs to be certified by a notary and is considered unlimited.
They can terminate their validity due to their cancellation by the car owner or the refusal of the authorized person from the rights entrusted to him.
power of attorney for a vehicle inspection from an individual – word.
How to assure?
The Civil Code of the Russian Federation (Article 185.1) lists an exhaustive list of moments when a notarized power of attorney is required. This document is not recorded in this list, from which it follows that the power of attorney for undergoing technical inspection is certified by the personal signature of the principal . Organizations must have a seal .
But there are situations when there is a need for re-authorization, or one of the parties to the transaction decides to have the power of attorney certified by a notary.
The owner of the vehicle does not need to come with an authorized representative; he only needs to provide a set of documents:
- identity card of the represented citizen;
- copy or original passport of the authorized person;
- PTS and STS of the car.
You should treat the moment of transfer of trust with extreme care. Situations often arise when the designated authorized person for some reason cannot provide a car for inspection.
In order to avoid delay of the insurance policy, the representative has the right to entrust its registration to another citizen. But this possibility must be written down on the form and notarized. The owner must be informed in advance about the transfer plans.
Features of filling out and type of finished document
When choosing a document form, it is important to remember that it can be:
- one-time – with one-time presentation;
- special (for performing specific actions);
- urgent (with limited action);
- general - the same general power of attorney.
A completed power of attorney for a car service center, regardless of its form, must contain:
- comprehensive information about the property;
- principal and confidant;
- have information about the date and place of compilation;
- handwritten signature of the vehicle owner.
Only in this case is it considered valid.
There may be such an option as a power of attorney to transfer the car to a repair service.
By this document I, Ivan Ivanovich Ivanov, registered at Moscow, Krasnaya Sq. 1, passport: series 7777, number 111111, issued by the department of the Federal Migration Service of Russia in Moscow, being the owner of a vehicle of the VAZ 2111 brand, registration plate No. F111FF 199, VIN No. FFFXX11ABC111111, engine number ZX111111, chassis No. - none, body number FFFXX11ABC111111, released in 1990.
PTS: series 11FI No. 111111. Registration certificate: series 11AB No. 111111 issued by the 1st division of MOTOTRER, January 1, 1991, is registered with the Moscow State Traffic Safety Inspectorate.
I transfer the authority to represent the interests of the principal to Avtoremont CJSC, including handing over the vehicle for repairs and receiving it, determining the scope of work and accepting their implementation, paying fees for services on behalf of the owner to citizen Petr Petrovich, passport 9999 number 222222 , issued by the department of the Federal Migration Service of Lyubertsy on August 20, 2012, living at the address Lyubertsy, st. Central, 1, driver's license (category, series and number indicated).
The power of attorney was issued without the right of substitution.
Validity period is 12 months from the date of preparation. Valid strictly until the fifteenth of July two thousand and eighteen.
Signature: Ivanov
Transcript: Ivanov Ivan Ivanovich.
Is notarization required?
Attention! If a power of attorney implies the possibility of reassignment, for example, if you give it to a legal entity on behalf of which only the general director can directly act, it must be notarized.
The drafting of a document can also be delegated to a notary. In the case of individuals, only a general power of attorney must be certified (how much does it cost to certify a power of attorney?).