• November 12, 2018
• Automobile law
• Evgeny Zagoretsky

Today, a car is an important part of the life of almost any family. It happens that one car is used by all family members who have a driver's license. In addition, sometimes it becomes necessary for various reasons to transfer control of the vehicle to third parties. Every car owner should know how to do this correctly without breaking the law. It is also important to know who can drive the car other than the owner?

Power of attorney form

The form for driving a vehicle can be purchased ready-made, for example, at the Rospechat kiosk. This paper contains the following information:

• about the place of compilation - the city;
• about the owner of the vehicle – full name, residential address, passport details;
• about the vehicle – vehicle make, model, VIN, state registration number, year of manufacture, color, body, chassis availability;
• about documents for the car - details of the passport and car registration certificate;
• about the person who is entrusted with driving the car - similar to the data of the owner of the vehicle;

Also, the car power of attorney form includes the date of issue of the power of attorney and its validity period, the signature of the person who issued the document and its decoding.

A power of attorney can be issued to any person, regardless of family or other connections. No certification or registration is required for this document.

Temporary permit to drive a vehicle

A temporary permit to drive a car is issued to the driver in case of loss of the driver's license or its confiscation. It gives the right to drive a car temporarily - you can use it until your license is returned, and when transferring it in connection with a relevant offense, until a court decision is made.

The document in question differs from a driver’s license in the following ways:

• does not contain a photograph of the person to whom the document was issued;
• in connection with the first paragraph, valid upon presentation of an identification document - passport;
• contains the inscription “temporary permit”, details - number and purpose, date of issue, authorized body, open categories, period of validity of the document and the reason for its production, as well as the number of the lost or seized driver’s license.

This document may include other information, which, however, does not have the same significant significance as those listed above.

Housing and communal services of the Republic of Kazakhstan”

The grounds for filing a claim in court are the norms of the Civil Code of the Republic of Kazakhstan, which indicate that the protection of civil rights is carried out by the court by recognizing rights and restoring the situation that existed before the violation of rights, as well as the norms of the Law of the Republic of Kazakhstan “On Housing Relations”, in which stipulate that the use of the home should not violate the living conditions of other residents and cause damage to the environment.

In everyday life, we often encounter problematic issues related to living in an apartment building. Often we simply do not know where and which organizations to contact in the event of any situation arising, be it an emergency, a complaint against the head of the management body of the condominium facility, redevelopment, etc.

28 Jan 2020 etolaw 651

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Validity period of temporary permit

Article 27.10 of the Code of Administrative Offenses of the Russian Federation establishes the following period for issuing a temporary permit for the right to drive a vehicle - two months. It may be extended by a decision of the court or other authorized representative. If the person who has lost his rights committed an offense outside the region where he lives, the processing time may increase. To extend the validity of a temporary permit, the driver must apply to the state inspectorate.

A temporary permit to drive a vehicle will cost a citizen five hundred rubles; the state fee for issuing a driver’s license is eight hundred rubles.

Since 2013, the situation has changed due to the fact that the driver remains with the driver until the trial. Although if a document is lost, the same procedure applies. A motorist may experience some inconvenience when using a temporary permit.

This makes car rental unaffordable. To verify this information, you do not even need to consult a lawyer. When applying for this service, a person must provide not only a passport, but also a driver’s license, which, for obvious reasons, is not available.

It is also better not to cross the border with such a document in your hands. When a vehicle is stopped by an authorized person from another country, problems may arise if such a document is presented without a photo.

Can the court collect rent from a registered non-owner?

The father is the sole owner, you have no share in this apartment. You are registered in the apartment, therefore, you have the right to use the apartment, but you do not use this right. In the payment document for utilities, charges are made per living space (not per person), therefore, the person who actually used the apartment must pay for these services. As proof that you live in another place, you can provide a rental agreement (lease of residential premises). Upon presentation of this agreement, you can write off charges for gas, electricity, water (in the absence of meters). A lease agreement for a period of more than a year is subject to mandatory registration.

Good evening! My father is the owner of the apartment, I am registered there, but I do not live. We didn't communicate for 5 years. I didn’t pay the rent, and my father didn’t pay. Now through the court they are asking me to pay 78,000 rubles. What is my order of action? How can I prove that I didn’t live there? Do I have a share in this apartment? Can I make it official?

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Persons who have the right to drive a vehicle other than its owner

Who can drive the car other than the owner? After the already mentioned changes in legislation, it is no longer necessary to issue a power of attorney to drive a vehicle in order to transfer the car to a third party. Family or other relationships do not matter.

According to the new rules, who can drive a car other than the owner? Today, only those persons who are mentioned in the compulsory motor third party liability insurance policy can drive a car. This measure has become a convenient and progressive innovation.

The essence of the OSAGO policy

With an MTPL policy, the driver insures his liability on the road to other road users. When an accident occurs, it is not the motorists themselves who sort it out among themselves, but their insurance companies. The insurer of the guilty party will have to compensate the damage caused to the victim. This procedure applies when liability is insured on both sides. The policy is issued separately for each car with a validity period of one year. In case of violations that are regulated by the Criminal Code, the driver’s guilt is not removed.

Do not forget that the car will not be insured without passing a technical inspection. This is an event that determines whether the vehicle meets safety requirements and is in good condition. Based on its results, the car owner is issued a diagnostic card, the second copy remains with the expert and is stored for three years. The document is also saved in electronic form, which is transferred to the appropriate database and can be stored there for more than five years.

The validity period of the diagnostic card depends on the age of the vehicle. The technical condition of vehicles with a maximum permissible weight of more than 3.5 tons, with special signals, as well as training vehicles are checked annually. When insuring insurance, presenting a diagnostic card in paper form is not required, since its availability can be checked in a single database.

Today, vehicle inspection includes checking: first aid kits, registration plates, fire extinguisher, brake and lighting systems, suspension, steering play, door locks, toxicity of exhaust gases, liquids, and also instrumental diagnostics of the car.

The cost of a technical inspection depends on the region and characteristics of the vehicle. It can only be carried out by organizations that have passed the appropriate accreditation.

How many people can be included in the insurance policy?

The list of persons included in this policy automatically answers the question “who can drive the car other than the owner?”

The policy form on its front side provides five lines for drivers who have the right to drive a vehicle. On the reverse side there is a “Special Notes” field. It allows you to add additional information to the document.

In particular, here you can continue recording the persons admitted to management. The number of persons who can be included in the insurance is unlimited. If all of them do not fit on one form, an additional agreement to the insurance contract and another form are drawn up.

This type of insurance is called limited. It is possible to obtain unlimited insurance, then anyone with a driver’s license can drive the vehicle. Then the question “who can drive the car other than the owner?” can be considered practically irrelevant.

The cost of indicating drivers in the insurance policy

The first five drivers, information about which is located on the first sheet of insurance, are entered free of charge. For other people you will have to pay extra. However, motorists themselves influence the cost of insurance.

Anyone who is included in the insurance gets the right to drive someone else's car.

The following human parameters are important:

• age;
• driving experience;
• the presence of accidents in which the driver in question was involved.

For drivers over twenty-two years of age and with more than three years of experience, an increase in the cost of the MTPL policy is not provided.

Unlimited insurance not only costs much more than other types of insurance, but also affects the cost of the policy issued in the next period.

The owner of the apartment filed a lawsuit against the registered person for the collection of utility bills

This is beneficial not only for the management company, but also for the debtor. Negotiations should establish whether the company is ready to restructure the existing debt. In this case, the debtor has a chance to pay off the debts in feasible payments, without prosecution.

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At the same time, not only homeowners will experience them, but also those who live in municipal apartments under social tenancy agreements and in service apartments. In any case, the debts will be repaid, only the amount will grow with each day of delay. At this time, it is still possible to resolve the case peacefully and without going to court.

Electronic OSAGO policy

The owner of the car cannot independently make a record of a new person authorized to drive it. To do this, you need to contact your insurance company. This can be done at any time, not only when applying for a compulsory insurance policy.

When applying for insurance electronically, the procedure for adding a driver is quite simple. The corresponding actions must be performed in your personal account on the website of the insurance organization.

Data about the person being added is entered, after which the amount of additional payment, if any, is calculated. After payment, an updated policy is sent by email. It can be printed on plain paper.

The advantages of such a policy

The advantages of an electronic policy are undeniable:

• does not require a lot of time for travel and registration;
• only mandatory services are paid, without additional ones imposed by a specialist;
• benefits are maintained in case of accident-free driving due to the use of a single database;
• printing on a special form is not required; if the policy is lost, it can be printed again;
• Information about concluding an insurance contract is stored in the database; there is no need to always have a certain set of documents with you for driving a car.

Despite all the advantages, there remains the risk of becoming a client of a company that does not have the right to issue a compulsory motor liability insurance policy. In this case, the executed document will be invalid. You can recognize a fake by the following features:

1. Undervalued - the amount payable under insurance has a single calculation principle and is regulated by the Central Bank of Russia. Promotions and special offers can give away a scammer.
2. Unknown site - there are many resources that are not the official pages of insurance companies.

If you still cannot avoid cooperation with scammers, you can order a consultation with a lawyer so that he can help you find a way out of the situation.

Housing and communal services were sued for non-payment, but the owner of the apartment has been another person for a year

There is no slander here, because the housing and communal services sued you just so that he would sort it out. Filing a lawsuit is never regarded as slander, otherwise the entire judicial system could be closed (no one would sue due to the risk of losing the case).

Most likely, the new owner did not notify the housing and communal services that she was now the new owner, did not bring the purchase and sale agreement to the accounting department, and did not register in the apartment. And in housing and communal services, it’s not psychics who work to guess who is who. Therefore, first think about who is to blame for this and then act. It’s probably better to first go to the housing office and make them happy that you have nothing to do with it

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Penalties for illegal driving

According to Article 12.37 of the Code of Administrative Offenses, a fine of five hundred rubles may be imposed for driving a vehicle by a person who is not mentioned in the insurance. This figure increased by two hundred rubles compared to 2013.

Even if the owner of the car was nearby during the violation in question, this does not change the punishment, much less cancel it. If the owner of the vehicle did not carry out compulsory liability insurance and drove the car without a policy, he will be punished with eight hundred rubles.

If a traffic accident occurs involving a person who was not included in the insurance policy, the company that issued it will compensate the victims for damages. However, after that she has the right to demand financial compensation from the illegal driver.

Is it possible to drive a car without a license in the presence of a person with a license?

Obtaining a driver's license is a serious step in the life of every future driver. Many people worry because of the small amount of knowledge that is provided in a driving school and because of insufficient practice.

Previously, you could easily get behind the wheel and teach another person how to drive - anyone could do it. However, this option was not entirely safe, both for the student and for other road users. Therefore, the government decided to tighten the rules and the law. Many people today are wondering whether a minor can drive a car without a license.

Let us remind you that today a citizen who has reached the age of 16 can undergo training in a driving school for category “B”. We conclude that you can also drive a vehicle at the time of training from the age of 16. Passing the exam to open this category is allowed from the age of 17, but obtaining a driver’s license and driving a car is only possible from the age of 18. At the same time, training at a driving school assumes that the student drives a car only in the presence of an instructor who has a license, and in the car itself Additional pedals must be built in.

Is it possible to drive a vehicle if there is a person with a license in the car ? We have already found out that driving a car is only permissible in the presence of an instructor. At the same time, not any person can act in his role. To do this, you need to take special courses and receive a certificate. An interesting fact - this year the Ministry of Internal Affairs proposed to allow drivers who have already passed the test to drive a vehicle, even if they are under 18 years old. In this case, an adult with a driver's license must be present in the car. Amendments are already being developed, but they should not be expected in the near future. Therefore, a person under 18 years of age cannot drive a car, even if an adult is sitting in the car.

Fine for driving without a license . If the driver transfers the car to a person who does not have a driver’s license, the violation will apply to both. Accordingly, the fine will be paid together. A driver who does not have a license will have to pay 5,000 - 15,000 rubles, according to Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation. At the same time, the driver will not be able to defend his license if he is under 18 years old, but has already passed the exam. In fact, you can drive a vehicle only after reaching adulthood. The owner of the car for transferring control will receive a fine twice as large - 30,000 rubles.

There are situations when a citizen who has reached the age of 18 successfully passes the exam and is waiting to receive a driver’s license, while at the same time driving a car. The law provides for a more lenient punishment, since in fact the person already has the right to drive a car. If you don’t have a driver’s license with you, the traffic police officer will issue a fine of 500 rubles or a simple warning. If the driver does not have a license and is intoxicated, the penalty will increase. For such a violation, the driver will receive up to 15 days of arrest. However, this only happens if his age is over 18 years. Arrest does not apply to minors; instead, a fine of 30,000 rubles is imposed. Transferring control of a car to a person under the influence of alcohol is punishable by a fine of 30,000 rubles and deprivation of rights for up to 2 years.

Bottom line . You can drive a vehicle without a license only in one case - if an instructor who has a license is driving nearby. At the same time, the car must have additional pedals. All other cases involve the imposition of large fines.

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