A hand-written power of attorney is no longer needed!
A power of attorney is a document thatauthorizes a certain person to represent the interests of another person or organization before someone else. The power of attorney for driving a car is the official permission of the owner of the car for all the actions listed in the power of attorney: driving a car, passing a TO, insuring it as property, right up to the sale. According to the law, transactions requiring notarial certification are allowed only on a notarized power of attorney. All possible transactions with the car (sale, registration of insurance, etc.) do not belong to this category. Therefore, to transfer the rights of the owner to another person, until recently, an ordinary handwritten power of attorney was widely used.
What was this popular in Russiadocument? The handwritten power of attorney on the car could be issued on a special form with the name and passport data of the principal and the trustee, as well as the car's brand and number, year of production, color, serial numbers of the engine, body and chassis, PTS number or simply handwritten on the usual piece of paper. Of course, such a document could not contain any stamps, it was limited to the signatures of the parties.
Despite the fact that, strictly speaking, this documenthad a dubious legal effect (when going abroad, it turned into a meaningless piece of paper) and could easily be forged, it was extremely popular among the people. The handwritten power of attorney was applied even with the sale of the car - instead of reissuing the car to a new owner and registering the transaction, it simply was written a power of attorney (sometimes it was called general, but the essence of the matter did not change from this). Problems started later - if the new owner got into an accident with causing damage to third parties, or was involved in criminal matters. Most often, the official "former" owner had to compensate for the damage.
In November 2012 in Russia, the resolutionGovernment No. 1156 introduced some amendments and changes to the SDA. The handwritten power of attorney for driving was canceled. Now, except for the driver's license and the certificate of registration of the vehicle, the driver of the car must have only the MTPL policy. Moreover, it can be inscribed in this policy, or the policy can be without limiting the circle of persons who are allowed to drive.
In addition, there are still some changes,concerning powers of attorney. To pick up the car from the parking lot, now you need to come to its owner (or do it by proxy, notarized). The same applies to the performance of transactions with a car - sale, registration or withdrawal. The handwritten power of attorney in these cases no longer acts, only notarized. Also, only by a notarized power of attorney you can go abroad on someone else's car.
It is not entirely clear from the new document howinspectors will identify hijackers, if, for example, the name of the driver of the car is not present even in the MTPL policy? And who to punish for the accident? Obviously, the mechanism for resolving such issues has yet to be worked out.
If the car is involved in freighttransportation, then the driver, among other things, you still need to have a power of attorney for the carriage of the goods. This document is often overlooked. In his absence, the driver will find it very difficult to prove to the inspector who stopped him that the cargo was not stolen. Most often, the car is detained together with the cargo until the circumstances are clarified. To confirm the legality of the situation, the owner of the cargo has to be called in the place, this leads to loss of time and material losses, especially if the cargo is perishable.
Thus, in the absence of documents,confirming the possession of the goods, you need a power of attorney for its transportation. Organizations involved in cargo transportation, usually draw up such power of attorneys on forms M-2a with registration in the book of records of powers of attorney. At the same time, the power of attorney must be filled in full and contain a sample of the signature of the person to whom it was written. The power of attorney can be canceled at any time. In case of refusal, it must be immediately returned to the trustee.