In our time,The situation when a driver drives a vehicle on the basis of a power of attorney. Situations in which a car owner is forced to issue a power of attorney to another person may be different. However, regardless of such reasons, the law makes certain powers to the power of attorney, non-observance of which can lead to various negative consequences. Before we dwell in more detail on these requirements, it is necessary to clarify what a power of attorney is.
In accordance with the Civil Codethe power of attorney is the authorization by one person of another person to perform certain actions. When for some reason one person can not or does not want to independently carry out legally significant actions (in the case we are considering - driving a car), it can delegate its authority to commit such actions to another person by filling out a form of power of attorney for driving a car. Essentially, a power of attorney is a form by which the fulfillment of certain procedures can be greatly simplified. So, if the owner of the vehicle does not have a driver's license, he can entrust the management of the person who has such rights, using the form of power of attorney for driving.
So, what are the requirements for a power of attorneyare established by law? First of all, the power of attorney should be issued in writing, as a form of power of attorney for driving a car, or through a sample of a handwritten power of attorney for a car. No other forms are allowed. In other words, it is impossible to issue a power of attorney verbally. This requirement of the law is explained by the fact that in the situation of power of attorney it is necessary to ensure the legal protection of persons who enter into legal relations with the one to whom the power of attorney has been issued.
A very common case is the sale ofpower of attorney vehicles. Without the power of attorney being drawn up in writing, it is very difficult to determine the legality of the transaction. Another example is the damage caused by a traffic accident. Since the car is a means of increased danger, the damage will be compensated by the owner, even if the driver was another person to whom the owner issued a power of attorney. However, the owner can demand from the person for whom the power of attorney is issued to return the amount of damage to him. Proving in this case a legal relationship without a written form would be very difficult. That's why the law provides for a mandatory form, according to which the form of power of attorney for driving is made. At the same time, if the power of attorney is given in another form, it will be considered null and void.
The next important requirement thatis presented to the power of attorney, this is an indication of the date of issue. To understand why legislation sets such a requirement, it is important to know the following. Under the law, the power of attorney can be issued for a period not exceeding three years. And the deadline should be specified in the power of attorney, even such as a power of attorney for the car's transfer. Otherwise, the power of attorney will only be valid for one year. In order to correctly calculate the validity period of the power of attorney, it is necessary to specify the date of its issuance. Without this, it is impossible to determine how much time has passed since the authorization was issued, and therefore it will be impossible to determine whether it is valid or not. It is important to remember that if the power of attorney does not specify the date of issue, it will be considered null and void. Therefore, it is very important to check the inclusion of this field in the sample of a handwritten power of attorney for the car.
It is worth paying attention to this important point,associated with the issuance of a power of attorney, as an indication in it of the specific powers of the person (especially the power of attorney for driving a car). Of course, one can also issue a general power of attorney, which provides for the implementation of the broadest list of powers. However, as a rule, issuing such a power of attorney involves additional risks. Therefore, the power of attorney should provide for specific powers. These may include not only driving, but also the authority to undergo technical inspection and the like.</ p>