The policy must be purchased without fail, because The driver has the right to drive without a policy only in exceptional cases. This insurance product does not insure the property of the vehicle owner, but his civil liability to third parties. According to Article 4 of Federal Law No. 40, vehicle owners must undergo the procedure of insuring their civil liability without fail.

In what cases can you drive without insurance?

The only case when a car owner has the right to drive a vehicle without insurance is when purchasing a new or used car. If you purchase a new car at a dealership, then most often you are offered to draw up a civil liability agreement right on the spot.

But the owner of the car may not be satisfied with the tariff of the organization with which the car sales company cooperates, or the person simply wants to formalize an agreement with another insurance company. What to do then? Many insurance agents scare vehicle owners with the fact that the law does not allow them to operate a car without a valid auto liability policy.

IMPORTANT! Do not trust insurers, this is how they try to get a client and make money.

When purchasing a car, the driver has the right to drive for 10 days without insurance. on your car from the moment the purchase and sale agreement is concluded. This rule applies not only to new cars, but also to those that were purchased secondhand. We talked about this.

When going to the UK to obtain a motor vehicle license, do not forget your purchase and sale agreement. This document will confirm that you have not violated the deadlines within which you are allowed to drive a vehicle without a policy.

We wouldn’t advise you to delay your deadlines., since before issuing a motor vehicle license you should also receive a car diagnostic inspection card (if the car is not yet three years old, then you do not need to undergo a diagnostic inspection), and after receiving the policy, you will have to register your car with the traffic police.

Those drivers who, after purchasing, drive their car to the place of registration, for example, to another region, can apply for compulsory motor liability insurance for a short period, but not more than 20 days.

What to do if there is no document?

Different situations happen in life and not everyone knows how to act in each specific case. For example, your friend has had too much alcohol and asks you to take him home in his own vehicle. But you are not included in his contract, and if you are stopped by a traffic police officer, then you may be subject to penalties under Article 12.37, Part 1 of the Code of Administrative Offences, i.e. a fine of 500 rubles.

Or you could purchase a car in a technically faulty condition. Theoretically, you can purchase 20 days of insurance to bring your car to the diagnostic inspection site. But this option is a waste of both money and time. What to do in these situations? To begin with, you should understand the following concepts:

• Management as the implementation of direct influence on the vehicle.
• Management in the civil legal aspect.

The first concept is regulated by traffic rules, and the second is in the Civil Code of the Russian Federation and means disposing of a vehicle at one’s own discretion. This is where the “dog is buried,” since when the owner of a vehicle changes, the law gives the right to drive a car without a valid auto liability policy for 10 days.

That is, if you bought a car, leased the vehicle from the owner, entered into an agreement with the owner of the vehicle for the free use of the vehicle, then you can legally operate the vehicle without having insurance in hand.

Now let's look at this issue in more detail:

1. The owner of the car is a citizen who is included in the title. The owner of the car is the one who disposes of this vehicle. And this can be either the owner or another person. The owner of the vehicle has the right to give the documents and car keys to another person and the car will have a new owner, i.e. de facto, an agreement for free use will be concluded verbally.
2. Any citizen has the right to insure a car, regardless of whether he is the owner or not. The new owner of a car is required to insure his vehicle before registering with the traffic police; the law allows 10 days for this from the date of receipt of ownership.

The traffic rules state that the driver is required to carry a valid motor vehicle liability policy in cases where this obligation is established by law. That is, to put it in other words, this norm in the traffic rules is a reference one, since it refers to the “Law on Compulsory Motor Liability Insurance”. And this law does not contain any prohibitions on driving a vehicle without a valid motor vehicle liability policy.

So, take a pen and a piece of paper and, together with the owner of the vehicle, quickly draw up an agreement for the free use of the vehicle in free form. With such an agreement you can travel for 10 days, without a document.

If you were too lazy or unable to draw up such an agreement, then if you are stopped by a traffic police officer, you can explain the reason for not having a policy by saying that there is an oral agreement with the owner of the vehicle on free use. In this case, you can refer to Article 159 Part 2 and Articles 161 and 589 of the Civil Code of the Russian Federation, and the fact of an oral agreement can be confirmed by eyewitnesses at any time.

Many motorists confidently state that, according to Article 162 of the Civil Code of the Russian Federation, a citizen cannot refer to the testimony of witnesses to a transaction. However, this publication applies only to those transactions that must be concluded in writing. A There is no need to conclude a free use agreement in writing.

If you are driving a drunk friend home in his car, then you should understand that you are performing these actions on your own initiative, i.e. You dispose of the vehicle at your own discretion. And the owner of the vehicle is sitting next to you, who himself is a registration certificate for you and in this case you are not breaking the law.

If the traffic police officer reacts inadequately to a period of 10 days and draws up a report on you, then you should also mention in this document the decision of the Supreme Court No. AKPI 12-205, where everything we talked about earlier was officially confirmed. Also include in the protocol Resolution No. 12-AD 13-3, which also states everything we have stated above.

IMPORTANT! Among other things, even if the driver presented the traffic police officer with a closed MTPL policy, in which his last name does not appear, but the driver has with him an agreement on the free use of the vehicle, from the moment of signing which 10 days have not yet passed, then in this case it should not be applied punishment according to Art. 12.37 part 1 of the Administrative Code.

What happens in the event of an accident?

If you become involved in an accident, you will have to pay the amount of damage. If you are driving home the owner of the vehicle and become the culprit of an accident, then even the fact that you are not included in the auto insurance policy does not give the insurance company the right not to pay compensation to the victims.

However, after payments have been made, the insurance company has the right to make recourse claims against the owner.

Dangers and possible difficulties

Currently, the fine for driving a car without a license is 500 rubles. You should also understand that when driving a vehicle without a valid vehicle license, you risk that in the event of an accident you will have to compensate the victims for damages from your own pocket. We talked about the fines that will follow for driving without insurance.

The transfer of a vehicle without the right to receive income is called gratuitous use of the vehicle. Unlike renting a car, buying and selling it in everyday life, the actual transfer of the vehicle is often not documented. After all, a power of attorney to drive a car is not always required; it is enough to enter the new driver into the MTPL policy and notify the tax authorities to forward the vehicle tax notice. This approach cannot be called correct. We recommend that you correctly register the fact of transferring the car for free use, and we will tell you how to do this and why below.

How can you drive without insurance?

A car loan agreement is concluded in simple written form and does not require notarization or state registration. By the way, it is not necessary to use the term “loan” in the name of the agreement; “gratuitous use” can also be used.

Please note that if a third party acts on the side of the car owner, a notarized power of attorney is required. At the same time, the text of such a document must necessarily reflect the right to transfer the thing for use to third parties free of charge.

Attention

Draw up an Acceptance and Transfer Certificate of the car and its accessories, including a registration certificate, MTPL policy, diagnostic inspection card (if available), radio, keys, first aid kit, fire extinguisher, etc. After returning the car, you can draw up an Inspection Report of the vehicle for any identified damage. , disadvantages.

Driving without insurance

Info

Finally, I would like to remind you that if you have given the car to a person, do not forget to give him all the documents. And then, here you are, sipping beer in the passenger seat.

Stops IDPS. You take out the documents and accidentally hand over along with the rest the MTPL policy, in which the driver is not included (go later, prove some kind of contract) and your driver’s license. I am almost sure that according to the protocol you will be the driver, with all the ensuing consequences and 1.5 - 2 years of walking. You can download this help and the “fish” of the contract in pdf format in the Documents section of this site. Laziness. Then just click on the links tynts and tynts.

Free use of a car

Why formalize the gratuitous use of a car The fact of transferring a car for use to another person can be confirmed by a simple power of attorney, a general power of attorney or an agreement for gratuitous use (loan agreement - Chapter 36 of the Civil Code of the Russian Federation). In such cases, the car is not re-registered by the traffic police, which means that receipts for administrative fines are sent to the owner, and in the event of an accident (if the car escapes), he will become the main suspect. If a written agreement on the free use of a car was not concluded, will there be problems with the person driving such a vehicle? In addition, concluding an agreement allows the owner to legally resolve issues: who is responsible for maintaining the car, current and major repairs, and in what condition the car was handed over and returned.

Is an agreement for the free use of a car required when applying for compulsory motor insurance?

Check the car via the Internet so as not to be afraid of its unexpected seizure and “showdown” if stopped by an inspector. Features of an agreement for the gratuitous use of a car The standard form of the agreement includes:

1. Full name, passport details of the parties, registration addresses at the place of residence, temporary stay
2. Subject of the contract: car, its make, model, state registration number, year of manufacture, color, VIN numbers, body, chassis, SR data
3. The fact that the car is owned by the lender (number and date of issue of PTS and CP) or other right (specify details of the power of attorney)
4. Absence of encumbrances (pledge), claims of third parties (the car is not the subject of the proceedings).

Help #4. without compulsory insurance policy

The main agreement can be a contract of gratuitous use, lease, or purchase and sale. Therefore, I suggest not to take risks and not to bother with powers of attorney.
I advise you to use a free use agreement (for a number of reasons, rather of a paranoid nature). According to the law “On Compulsory Motor Liability Insurance”, the new owner of a car is given 5 days to obtain insurance.
Article 4. Obligation of vehicle owners for civil liability insurance 2. When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than five days after the right of ownership arises.
The right of ownership comes in accordance with the same Civil Code of the Russian Federation: Article 223.

403 - access denied

Obligations of the Borrower 6.1. Maintain the Property in working condition, carry out timely repairs and maintenance, and make efforts to prevent damage or loss of the Property. 6.2. During the term of the agreement, provide the Lender with the opportunity to inspect the Property upon prior notice received no earlier than before the expected date of inspection.
6.3. Upon expiration of the agreement, for any of the reasons specified in Article 7 of this agreement, return the Property to the Lender in working condition, taking into account normal wear and tear in accordance with the period of use, along with the documents necessary for the operation of the Property. Article 7. Duration of the agreement 7.1. This Agreement was concluded before. 7.2. If before the end specified in paragraph.

Sample and features of a contract for the free use of a car

The parties, by mutual agreement, have the right to detail the responsibilities of the borrower or shift some of them to the lender.

• Duration of the agreement (clause 7.1) If the agreement does not indicate the duration of its validity, it is considered unlimited. In this case, the parties have the right to terminate the contract by sending a warning of their intentions 1 month before the expected date of termination of the contract.
• Other provisions (Art.

  8) This article contains all other provisions not listed earlier: the procedure for making changes, the procedure for resolving disputes, and other conditions that the parties consider necessary to reflect in the contract.

• if the Borrower has not taken measures to prevent damage or loss of the Property.

3.4. In the case provided for in clause 3.3 of the agreement, the Borrower compensates the Lender for the costs of eliminating damage or the cost of lost property based on the assessment of the value of the Property given in clause 2.1. The Borrower has the right, by agreement of the parties, to provide the Lender with equivalent property as compensation. 3.5. Responsibility for damage caused to third parties in connection with the operation of the Property lies with the Borrower. Article 4. Costs of maintenance and operation of the Property 4.1. Operating costs and expenses for maintaining the Property in working order are borne by the Borrower. To fulfill its obligations, the Borrower is authorized to enter into agreements with third-party organizations for the provision of services related to the maintenance of the Property. 4.2.
Despite the fact that cars have a specific purpose, they can be used for this purpose in different ways: for example, a passenger car can be used for private trips, or it can be used as a taxi. Automatic telephones also easily suffer from physical and moral wear and tear due to use. All the subtleties of the subject of the agreement, therefore, should be reflected in the agreement for the gratuitous use of a car. This will protect the rights of its owner and at the same time allow the borrower to make the most of the received property. What is better - a contract or a power of attorney? Download the agreement Both documents make it possible to exercise the rights of use to a person who is not the owner of the automatic telephone exchange.

Agreement for free use of a car; obligation to register compulsory motor insurance

Operating expenses include: expenses for fuels and lubricants, dry cleaning of the interior, washing the car, refilling the air conditioner. 4.3. The costs of maintaining the Property in working condition are: vehicle maintenance, replacement of vehicle parts that have a short service life, replacement of tires when worn out, elimination of equipment breakdowns that are natural.

4.4. The borrower, at his own expense, receives a compulsory motor liability insurance policy for the car, for which the Lender gives him the necessary documents or ensures personal presence at the request of the insurance company. Article 5. Obligations of the Lender 6.1. Within the time limits established by this agreement, transfer to the Borrower the Property in a complete set that makes it suitable for use for the purposes specified in clause.

1.4 of this agreement, as well as documents necessary for the operation of the Property. Article 6.

How to drive without insurance.

Good afternoon. I found this article. I am interested in whether such a scheme is applicable in today’s conditions, namely the use of a contract for free use in the absence of insurance.

If you took the passenger seat, entrusting the driving of the car to another driver who is not included in the insurance, then when checking the documents, the inspector will draw up a protocol under Article 12.37, paragraph 1 of the Code of Administrative Offenses - a fine. Your task is to transfer the driver to the owner, then Article 12.37 clause 1 is not applicable. The algorithm below may be too complex for an inspector, so it should only be used as a last resort.
1. We are hiding the policy away in order to exclude mention of Article 12.37, paragraph 1 of the Code of Administrative Offenses and paragraph 22 of the OSAGO Rules.
2. The owner of the car is the one who is recorded in the vehicle registration certificate. The owner is the one who controls the car. And this is not necessarily the owner, because the owner can write a power of attorney, and the car will have a new owner. The conclusion of an agreement, for example, for free use, also entails the emergence of ownership rights.
3. A power of attorney is a one-sided transaction, an agreement is a two-sided one.
4. In the understanding of the Civil Code, a power of attorney gives the right to perform legally significant actions (transactions) on behalf of the represented person, and nothing more. Driving a vehicle is an actual action, and therefore has nothing to do with the power of attorney. A power of attorney for the right to drive a vehicle is a sham transaction that covers the main one. The main agreement can be a contract of gratuitous use, lease, or purchase and sale. Article 1079 of the Civil Code reflects precisely this position, the so-called. everyday understanding of a power of attorney.
5. According to the law “On Compulsory Motor Liability Insurance”, the new owner of a car is given 5 days to obtain insurance (Article 4, paragraph 2).
So, take a piece of paper and write a power of attorney or an agreement for free use with the owner of the car today, and as the new owner you can drive for 5 days without insurance. The owner of the car, by power of attorney, can issue a new power of attorney, but only from a notary. Without a notary, he can enter into an agreement for free use, if this is provided for in the power of attorney.
In principle, it is possible without writing documents if the owner of the car is sitting in the passenger seat, because the absence of a written form does not entail the invalidity of the transaction (Article 162 of the Civil Code). And, if you find yourself in such a situation, then write exactly like this in the protocol: “I do not agree, because I have an oral agreement for free use from today. Law “On Compulsory Motor Liability Insurance”, Article 4, paragraph 2 for me, as the new owner , gives the right to obtain insurance within 5 days." (Example: Case No. 12-138/04 St. Petersburg 05/11/04 Moscow Federal Court)
Opinion of the Supreme Court (Question 52 for the 4th quarter of 2005): “... a person driving a car without a written power of attorney and having a driver’s license of this category, but in the presence of its owner or other legal owner, uses the vehicle legally. In this case, the proper defendant in cases of compensation for damage caused by a source of increased danger (vehicle) is the person who was driving the car at the time of the traffic accident.”

The name of the free use agreement reflects the essence of this document as much as possible. By and large, it is a vehicle rental agreement in which one party transfers the right to drive the car to the other party free of charge. In this case, the borrower assumes full responsibility for maintaining the technical condition of this vehicle, and is also responsible, from a legal point of view, for his actions using the leased vehicle.

Legislative regulation

From a legislative point of view, this agreement is regulated by the Civil Code of the Russian Federation of January 26, 1996, Federal Law No. 14-FZ. According to this legislative act, it is prohibited to transfer any type of property, including a vehicle, for rent if any sanctions are imposed on it by government agencies.

Article 689 of the Civil Code defines what constitutes a contract for gratuitous use; it specifies what may be the subject of this contract. For example, according to paragraph 1 of this article, the borrower undertakes to return the vehicle in the condition in which he received it.

Filling Features

Like any document, a contract for the free use of a vehicle has its own characteristics. It can be composed:

• between individuals;
• individual and organization;
• between a private person and an individual entrepreneur.

Between individuals

The standard contract specifies the wallpaper data of individuals:

• passport series and number;
• registration address.

The party that leases the car is called the lender, and the party that accepts the car is called the borrower. The main thing when filling out the contract is to correctly indicate the vehicle data from the car documents. The standard agreement states:

• series and number of the vehicle registration certificate;
• brand;
• year of issue;
• engine number;
• body number.

Transfer deadline. One of the clauses of the agreement on free use stipulates the period for transferring the car. According to the Civil Code, this paragraph may not be indicated. In this case, the lease is considered unlimited.

Responsibility of the parties. Equally important is filling out the clause on the responsibility of the parties. It stipulates the conditions under which the borrower takes upon himself the safety of the car at any time of the day, obliging to reimburse it within the period specified in the agreement.

One of the subparagraphs of the “Other conditions” clause indicates the estimated cost of the vehicle in case of any damage or breakdown. At the end of the agreement, the details of both parties are indicated. By mutual agreement, it can be extended for an indefinite period. It does not need to be certified by a notary or other registration authorities. It can be in simple written form indicating all the necessary information.

Between an individual and an individual entrepreneur, LLC

Russian legislation provides for the option of concluding a free use agreement between an individual and an individual entrepreneur (IP), as well as with legal entities (LLC).

Unlike the previous type, the details of the company must be indicated here, and if there is a seal, its imprint is left on the contract form, in the “Details” section.

The official who carries out the transaction is indicated if the car belongs to a legal entity.

Contract for free use of a car and MTPL insurance

When transferring a car under a contract for free use, certain circumstances of its operation arise that are related to the compulsory insurance policy. If the MTPL policy is issued for an unlimited number of persons, then when registering a lease there is no need to indicate the borrower in the insurance policy.

In a situation where the policy is issued to specific persons, it is imperative that the owner of the car enter information about the renter into the insurance policy, otherwise he or she may receive a loss.

Even if the owner of the car is sitting next to you, this does not give you the right to drive without a policy.

Tax consequences

When transferring a car under a free use agreement, certain tax consequences arise. For the lender:

1. The lender is required to pay transport tax, since he is the owner of this vehicle. He takes this amount into account as expenses for income tax.
2. Simultaneously with the transfer of the vehicle for free rent, the owner must stop accruing depreciation if he is a legal entity.

The borrower also faces tax consequences:

1. It must indicate non-operating income from the gratuitous transfer of a car for use at the end of each reporting period in the amount of the market value of the transferred vehicle.
2. In the event of a car breakdown and the cost of repairing it, the car lessee can take the corresponding amount into account for income tax purposes.

To determine the market price, the parties can involve an independent appraiser. For these purposes, you can also use publicly available sources of information, such as the media, the Internet, and television.

Receiving a car for free rent does not entail any obligations to pay value added tax, since this is not the sale of goods, works or services, or the transfer of property rights. When renting a car from an organization to an employee, he does not incur additional tax on personal income, since the rental is free for him.

Which is better, a contract or a power of attorney?

In essence, a power of attorney and an agreement for the free use of a car provide a third party with the right to drive a vehicle. However, these two methods have significant differences, which allow us to give preference to the BP agreement:

1. Completeness. A vehicle is a complex mechanical device that consists of inseparable units, as well as parts that require regular replacement, such as brake pads or tires. Under the agreement for free use, the lessee is obliged to return the car in the condition in which he took it, fully equipped.
2. In this case, all responsibility for violating traffic rules and the occurrence of an accident falls on the tenant, and not on the owner. When drawing up an agreement, it is much easier to recover damages from the borrower.
3. When drawing up an agreement, you can legally include operating costs as legal expenses. faces. A power of attorney does not provide such an opportunity.
4. The contract can be terminated at any time and the amount of damages can be recovered from the tenant in case of violation of the terms of the contract.

A contract for the free use of a car in 2020 is one of the safest forms of leasing a vehicle for both parties. Regulation by the state allows you to accurately divide the rights and obligations of the parties; for this, you just need to draw up a form of the agreement and write down all the features in it, you don’t even need to contact intermediary organizations. This type of agreement is significantly different from a power of attorney and has its own advantages.

Hidden taxes when using an agreement on free use of a car for individual entrepreneurs and LLCs

A car loan agreement is concluded in simple written form and does not require notarization or state registration. By the way, it is not necessary to use the term “loan” in the name of the agreement; “gratuitous use” can also be used.

On what grounds do vehicle owners have the right to drive a car without a compulsory motor liability insurance policy within 10 days from the date of purchasing a car under a sales contract? According to the decision of the Supreme Court of the Russian Federation, the State Traffic Inspectorate does not have the right to fine a driver for driving a car without an insurance policy within 10 days after purchase, as this is provided for in Part 2 of Article 4 of the Federal Law of April 25, 2002.

No. 40-FZ “On compulsory civil liability insurance of vehicle owners” (only in a new edition based on the new Federal Legislation of July 1, 2011 No. 170-FZ). This current provision of the MTPL law directly allows the new owner to drive a car if he is not included in the MTPL policy, but for no more than ten days.

According to the Supreme Court of the Russian Federation, the driver of the car received from the owner of the vehicle the right to use the car free of charge.

○ Road accidents under compulsory motor liability insurance for an unlimited number of persons.

First, let's figure out what types of MTPL policies are currently in use. According to clause

2 tbsp. 6 Federal Law No. 40-FZ “On compulsory civil liability insurance of vehicle owners”, the presence of a policy is mandatory for every vehicle owner.

However, policies are different. Now, according to paragraph.

2 tbsp. 15 of this law, the following insurance options can be used:

• Limited in number of persons. They indicate by name everyone who has the right to use the insured car.
• Unlimited. In this case, anyone can use the machine.

Thus, the car owner will have to pay almost twice as much for insurance. As a result, unlimited insurance is usually used by organizations that employ hired drivers.

The easiest way to deal with an accident is if you have purchased an “unlimited policy”. In this case, the very admission of a particular driver to driving a car is already enough for the insurance company to make all the necessary payments.

Driving without insurance

Stops IDPS. You take out the documents and accidentally hand over along with the rest the MTPL policy, in which the driver is not included (go later, prove some kind of contract) and your driver’s license. I am almost sure that according to the protocol you will be the driver, with all the ensuing consequences and 1.5 - 2 years of walking.

A car loan agreement is concluded in simple written form and does not require notarization or state registration.

By the way, it is not necessary to use the term “loan” in the name of the agreement; “gratuitous use” can also be used. Please note that if a third party acts on the side of the car owner, a notarized power of attorney is required.

After returning the car, you can draw up an inspection report of the vehicle for any identified damage or deficiencies.

What documents should be drawn up in case of free use of a car?

You need to prepare:

1. Passport of the tenant and landlord.
2. Technical passport for motor vehicles.
3. OSAGO insurance for a car.
4. Driver's license of the person renting a car.

Issued in two copies. To draw it up, you will need the passport data of the lender and the borrower, indicate a document allowing you to dispose of the vehicle (indicate the number, series, date of the vehicle title).

Regarding the vehicle, you will need to have an insurance policy, a technical inspection card, indicate the color, year of manufacture, brand, you will also need to list the equipment transferred for use: fire extinguisher, first aid kit, radio, etc. (indicating the name, serial numbers).

The car should not be pledged or be the subject of legal disputes. And, of course, it will be necessary to indicate the mileage of the car and any existing deficiencies and malfunctions.

Agreements for the free use of vehicles are rarely drawn up. The need arises in connection with the advantages of concluding such an agreement, including regarding taxes.

The costs of maintaining the car are borne by the person using it under the agreement.

Participants in the transaction may include:

• replacement, repair of consumable spare parts, materials, tires and other costs associated with the use of the vehicle;
• fines coming to the owner are paid by the driver driving the car and violating traffic rules;
• compensation for wear and tear resulting from constant use of movable property.

If the owner of a vehicle uses it to perform work tasks, the company can compensate him for the cost of fuel and lubricants.

• transfer of a car for use in a private taxi;
• use of the vehicle in the interests of the employer;
• transfer of movable property to other persons or a company for a long period.

To transfer a car for free use, you must conclude an appropriate agreement. When compiling it, you must provide a package of papers, which includes:

• identification document of the lender and borrower;
• registration certificate for the vehicle;
• OSAGO – car insurance;
• tenant's driver's license.

The agreement is drawn up in 2 copies, one for each participant in the transaction. The text describes all the data contained in the documents, as well as equipment provided for temporary use.

The car should not be pawned or be the subject of legal proceedings. The text of the contract requires the mileage of the vehicle to be specified, and any existing breakdowns or shortcomings to be identified.

The fact of transferring the car for free use must be documented in a loan agreement. Under such an agreement, the lender (the owner of the car) transfers the item for free use to the borrower. The borrower, who received the property free of charge, undertakes to return such thing in the same condition, taking into account normal wear and tear or in accordance with the terms of the agreement (Article 689 of the Civil Code of the Russian Federation).

A car loan agreement is concluded in simple written form and does not require notarization or state registration. By the way, it is not necessary to use the term “loan” in the name of the agreement; “gratuitous use” can also be used. Please note that if a third party acts on the side of the car owner, a notarized power of attorney is required. At the same time, the text of such a document must necessarily reflect the right to transfer the thing for use to third parties free of charge.

Draw up an Acceptance and Transfer Certificate for the car and its accessories, including the registration certificate, MTPL policy, diagnostic inspection card (if available), radio, keys, first aid kit, fire extinguisher, etc.

After returning the car, you can draw up an inspection report of the vehicle for any identified damage or deficiencies. If everything is in order, the person driving the car can ask the owner to draw up a receipt stating that there are no claims.

Is an agreement for the free use of a car required when applying for compulsory motor insurance?

Check the car via the Internet so as not to be afraid of its unexpected seizure and “showdown” if stopped by an inspector. Features of an agreement for the gratuitous use of a car The standard form of the agreement includes:

1. Absence of encumbrances (pledge), claims of third parties (the car is not the subject of the proceedings).

The parties, by mutual agreement, have the right to detail the responsibilities of the borrower or shift some of them to the lender.

• Duration of the contract (clause
  7.1) If the contract does not indicate the duration of its validity, it is considered unlimited.
  In this case, the parties have the right to terminate the contract by sending a warning of their intentions 1 month before the expected date of termination of the contract.
• Other provisions (Article 8) This article contains all other provisions not listed earlier: the procedure for making changes, the procedure for resolving disputes, and other conditions that the parties consider necessary to reflect in the contract.

What risks does a driver bear for driving a car without an insurance policy in the first days after acquiring ownership of the vehicle?

Despite the fact that the Supreme Court of the Russian Federation officially confirmed the possibility of legally driving a car without an insurance policy, nevertheless, there are huge risks for those who drive a car without an insurance policy.

The whole point is that the compulsory motor insurance policy protects us from spending money if we are at fault in an accident in which harm is caused to the injured party. As a rule, in this case, all damage from an accident is covered by the insurance company.

The main agreement can be a contract of gratuitous use, lease, or purchase and sale. Therefore, I suggest not to take risks and not to bother with powers of attorney. I advise you to use a free use agreement (for a number of reasons, rather of a paranoid nature). According to the law “On Compulsory Motor Liability Insurance”, the new owner of a car is given 5 days to obtain insurance. Article 4.

Obligation of vehicle owners to insure civil liability 2. When the right to own a vehicle arises (acquiring it into ownership, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than five days after the right of ownership arises. The right of ownership comes in accordance with the same Civil Code of the Russian Federation: Article 223.

The main agreement can be a contract of gratuitous use, lease, or purchase and sale.

Therefore, I suggest not to take risks and not to bother with powers of attorney.

I advise you to use a free use agreement (for a number of reasons, rather of a paranoid nature). According to the law “On Compulsory Motor Liability Insurance”, the new owner of a car is given 5 days to obtain insurance. Article 4. Obligation of vehicle owners to insure civil liability 2.

When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is required to insure his civil liability before registering the vehicle, but no later than five days after the right to own it arises. The right of ownership comes in accordance with the same Civil Code of the Russian Federation: Article 223.

Sample and features of a contract for the free use of a car

AGREEMENT for free use of a car

_______________ "___" _______ ____

Article 1. Subject of the agreement

1.1. The Lender transfers to the Borrower for temporary free use a car brand _________, state registration number ______________, with accompanying equipment, hereinafter referred to as the Property. The composition of the Property is presented in Appendix 1 to this agreement.

1.2. The property belongs to the Lender by right __________________, which is confirmed by __________________, series ___________, number ____________, date of issue ___________.

1.3. The Lender confirms that the Property is not the subject of a dispute or pledge, is not under arrest and is not encumbered with the rights of third parties.

1.4. The property is transferred to the Borrower for use for the purposes of __________________________.

2.1. By agreement of the parties, the cost of the Property on the date of conclusion of the contract is ___________ (________________________) rubles and is used by the parties when determining the amount of liability in the event of damage or loss of the Property.

Article 3. Responsibility of the parties

3.1. The Lender transfers the Property to the Borrower no later than ______________________ under an act signed by both parties.

3.3. The risk of damage or accidental loss of the Property during operation rests with the Borrower in the event of:

• operation of the Property not for its intended purpose or in accordance with the purposes defined in clause 1.4 of this agreement;

In the case provided for in clause 3.

3 of the agreement, the Borrower compensates the Lender for the costs of eliminating damage or the cost of lost property based on the assessment of the value of the Property given in paragraph.

3.5. Responsibility for damage caused to third parties in connection with the operation of the Property lies with the Borrower.

Article 4. Costs of maintenance and operation of the Property

4.1. Operating costs and expenses for maintaining the Property in working order are borne by the Borrower. To fulfill its obligations, the Borrower is authorized to enter into agreements with third-party organizations for the provision of services related to the maintenance of the Property.

4.2. Operating expenses include: expenses for fuels and lubricants, dry cleaning of the interior, washing the car, refilling the air conditioner.

4.3. The costs of maintaining the Property in working condition are: vehicle maintenance, replacement of vehicle parts that have a short service life, replacement of tires when worn out, elimination of equipment breakdowns that are natural.

4.4. The borrower, at his own expense, receives a compulsory motor liability insurance policy for the car, for which the Lender gives him the necessary documents or ensures personal presence at the request of the insurance company.

Article 5. Obligations of the Lender

6.1. Within the time limits established by this agreement, transfer to the Borrower the Property in a complete set that makes it suitable for operation for the purposes specified in clause 1.4 of this agreement, as well as the documents necessary for the operation of the Property.

Article 6. Obligations of the Borrower

6.1. Maintain the Property in working condition, carry out timely repairs and maintenance, and make efforts to prevent damage or loss of the Property.

6.2. During the term of the agreement, provide the Lender with the opportunity to inspect the Property upon prior notice received no earlier than ____________ before the expected date of inspection.

6.3. Upon expiration of the agreement, for any of the reasons specified in Article 7 of this agreement, return the Property to the Lender in working condition, taking into account normal wear and tear in accordance with the period of use, along with the documents necessary for the operation of the Property.

7.1. This Agreement was concluded before _______________.

7.2. If ______________ before the end of the period specified in clause 7.1, neither party sends the other party a notice of intent to terminate the contract, the contract is extended for ________________ on the terms and conditions set forth in this contract.

7.3. The lender receives the right to demand termination of the agreement before the end of the period specified in clause 7.1, provided that:

• The Borrower uses the Property entrusted to him not in accordance with the purposes defined in clause 1.4 or the purpose of the Property;
• The borrower does not fulfill his obligations listed in clauses 3.4, 3.5, 4.1, 4.4, 6.1, 6.2, 6.3 of the agreement;
• The Borrower transferred the Property for use to a third party without the consent of the Lender.

7.4. The Borrower receives the right to demand early termination of the agreement in cases of violation by the Lender of its obligations listed in paragraphs 3.1, 3.2, 4.4, 5.1.

Article 8. Other provisions

__________________________________________________________________________________________________________________________________________________________________________________________

Article 9. Details and signatures of the parties

__________________________________ ____________________________________

________________/________________/ ___________________/________________/

The standard contract form includes:

1. Full name, passport details of the parties, registration addresses at the place of residence, temporary stay
2. Subject of the contract: car, its make, model, state registration number, year of manufacture, color, VIN numbers, body, chassis, SR data
3. The fact that the car is owned by the lender (number and date of issue of PTS and CP) or other right (specify details of the power of attorney)
4. Absence of encumbrances (pledge), claims of third parties (the car is not the subject of the proceedings). By the way, if the owner is married, write down his spouse’s consent to the transaction
5. Estimated value of the car (in order to compensate for possible damage)
6. Purpose of use of property (for example, personal, business, etc.)
7. Rights and obligations of the parties, incl. bearing the costs of maintaining and operating the vehicle
8. Duration of the contract - if not specified, it is considered unlimited
9. Responsibility of the parties to the contract, grounds for termination, procedure for compensation for damage, return of the car
10. Pre-trial dispute resolution procedure
11. Details and signatures

In the Transfer and Acceptance Certificate or annex to the contract at the time of transfer of the car for free use, you should indicate its mileage, as well as the list of transferred accessories.

• Duration of the agreement (clause 7.1) If the agreement does not indicate the duration of its validity, it is considered unlimited. In this case, the parties have the right to terminate the contract by sending a warning of their intentions 1 month before the expected date of termination of the contract.
• Other provisions (Art.

  8) This article contains all other provisions not listed earlier: the procedure for making changes, the procedure for resolving disputes, and other conditions that the parties consider necessary to reflect in the contract.

• if the Borrower has not taken measures to prevent damage or loss of the Property.

3.4. In the case provided for in clause 3.3 of the agreement, the Borrower compensates the Lender for the costs of eliminating damage or the cost of lost property based on the assessment of the value of the Property given in clause 2.1. The Borrower has the right, by agreement of the parties, to provide the Lender with equivalent property as compensation. 3.5.

Responsibility for damage caused to third parties in connection with the operation of the Property lies with the Borrower. Article 4. Costs of maintenance and operation of the Property 4.1. Operating costs and expenses for maintaining the Property in working order are borne by the Borrower. To fulfill its obligations, the Borrower is authorized to enter into agreements with third-party organizations for the provision of services related to the maintenance of the Property. 4.2.

Despite the fact that cars have a specific purpose, they can be used for this purpose in different ways: for example, a passenger car can be used for private trips, or it can be used as a taxi. Automatic telephones also easily suffer from physical and moral wear and tear due to use. All the subtleties of the subject of the agreement, therefore, should be reflected in the agreement for the gratuitous use of a car.

Driving a vehicle during the period of its use, not provided for by the insurance policy of compulsory insurance of civil liability of vehicle owners, as well as driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy - entails the imposition of an administrative fine in the amount three hundred rubles.

If there is a need for some kind of trip, but there is no opportunity (or desire) to re-issue insurance, you can use the following: The owner of the car is the one who is recorded in the vehicle registration certificate.

The owner is the one who disposes of the car. Why formalize gratuitous use of a car The fact of transferring a car for use to another person can be confirmed by a simple power of attorney, a general power of attorney or an agreement for gratuitous use (loan agreement - Chapter 36 of the Civil Code of the Russian Federation).

In such cases, the car is not re-registered by the traffic police, which means that receipts for administrative fines are sent to the owner, and in the event of an accident (if the car escapes), he will become the main suspect. If a written agreement on the free use of a car was not concluded, will there be problems with the person driving such a vehicle?

403 - access denied

Obligations of the Borrower 6.1. Maintain the Property in working condition, carry out timely repairs and maintenance, and make efforts to prevent damage or loss of the Property. 6.2. During the term of the agreement, provide the Lender with the opportunity to inspect the Property upon prior notice received no earlier than before the expected date of inspection. 6.3.

Upon expiration of the agreement, for any of the reasons specified in Article 7 of this agreement, return the Property to the Lender in working condition, taking into account normal wear and tear in accordance with the period of use, along with the documents necessary for the operation of the Property. Article 7. Duration of the agreement 7.1. This Agreement was concluded before. 7.2. If before the end specified in paragraph.

Finally, I would like to remind you that if you have given the car to a person, do not forget to give him all the documents. And then, here you are, sipping beer in the passenger seat.

Stops IDPS. You take out the documents and accidentally hand over along with the rest the MTPL policy, in which the driver is not included (go later, prove some kind of contract) and your driver’s license.

I am almost sure that according to the protocol you will be the driver, with all the ensuing consequences and 1.5 - 2 years of walking. You can download this help and the “fish” of the contract in pdf format in the Documents section of this site. Laziness. Then just click on the links tynts and tynts.

Possible consequences

It should be said that a loan of this kind carries risks, not only for the owner, but also for the recipient. The borrower is independently responsible for damage to the property, and the law establishes that even if a person, being in an emergency situation, saving her property, did not preserve the received item in proper form, she will be held responsible.

An arrangement of this kind is quite risky, not only for the owner, but also for the borrower. The lessee is independently responsible for damage to the car, and the law does not exempt him from compensation for damage caused due to an emergency.

For the lessor, there is a significant risk of getting back damaged property or losing it altogether, since cases of illegal re-registration of a car in the presence of such an agreement are not isolated.

○ How to prevent violations?

There are situations when it is necessary to transfer control to a person for whom the MTPL policy was not issued. For example, it may turn out that the owner of the car has been drinking and asks a sober friend to drive the car to the house. However, from the point of view of the law, there will be no difference: if the driver is not registered, he pays a fine.

You can avoid punishment in the following ways:

• Add a new person to the policy. To do this, you need to contact the office of the insurance company and present the necessary documents there.
• Draw up a free use agreement. In this case, the law allows the new driver to use the car for 10 days. After this period, you still need to contact the insurance company - or, again, you will have to pay a fine. But if the contract is drawn up anew every 10 days, there will be no violation.
• If the transfer was a one-time action, you need to inform the insurance company in writing the next day that control was transferred to a person who was not included in the policy.

Agreement for free use of a car; obligation to register compulsory motor insurance

Operating expenses include: expenses for fuels and lubricants, dry cleaning of the interior, washing the car, refilling the air conditioner. 4.3. The costs of maintaining the Property in working condition are: vehicle maintenance, replacement of vehicle parts that have a short service life, replacement of tires when worn out, elimination of equipment breakdowns that are natural.

4.4. The borrower, at his own expense, receives a compulsory motor liability insurance policy for the car, for which the Lender gives him the necessary documents or ensures personal presence at the request of the insurance company. Article 5. Obligations of the Lender 6.1. Within the time limits established by this agreement, transfer to the Borrower the Property in a complete set that makes it suitable for use for the purposes specified in clause.

1.4 of this agreement, as well as documents necessary for the operation of the Property. Article 6.