Agreement for free use of a car; is insurance required? How to draw up an agreement for the gratuitous use of a vehicle - form and procedure for registration. Points that deserve special attention

g. _____________ "___"________ ____ g.

Gr. __________________________________________________________, hereinafter referred to as the Borrower", on the one hand, and group _________________________________________, hereinafter referred to as the "Lender", on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Lender transfers for temporary use to the Borrower a vehicle owned by the Lender on the right of private ownership in accordance with the vehicle registration certificate No.________________, a car of brand ________________, manufactured ________, engine No. ___________, body No. ___________, _____________ colors, license plate __________________________, registered with the State Traffic Safety Inspectorate of the ________________________________ region.

2. CONDITIONS OF THE AGREEMENT

2.1. The lender provides the car in good condition.

2.2. The borrower undertakes, upon expiration of the contract, to return the car in a condition corresponding to the condition at the time of drawing up this contract, taking into account normal wear and tear.

2.3. The borrower undertakes to maintain the car in good condition, carry out routine repairs at his own expense, and also bear other operating costs. The fuels and lubricants necessary for the operation of the vehicle are purchased by the Borrower at his own expense.

2.4. The lender is given the right to use this car at any time for personal purposes, using its own fuels and lubricants (gasoline, etc.).

2.5. When using a car in accordance with clause 2.4, the parties are obliged to transfer the car to each other in good condition. When accepting and handing over the vehicle, the parties check its technical condition, discuss any existing faults and then eliminate them in accordance with Section 4 of this agreement.

3. DURATION OF THE AGREEMENT

3.1. The agreement was concluded for a period from "___"__________ _____ to "___" ___________ ____. After this period, it can be extended by the parties by mutual agreement for an indefinite period.

4. RESPONSIBILITY OF THE PARTIES

4.1. The Borrower is responsible for the safety of the provided car at any time and in the event of loss or damage to the car at this time is obliged to compensate the Lender for the damage caused, or to provide an equivalent car within _____ days after its loss or damage.

In case of delay in compensation for damage or provision of an equivalent car within the specified period, the Borrower shall pay a penalty in the amount of ___% of the cost of damage or the estimated value of the car.

5. OTHER CONDITIONS

5.1. The agreement may be terminated early or amended by agreement of the parties.

5.2. By agreement of the parties, the rented car is valued at _______________________ rubles. This assessment is taken into account when compensating for damage.

5.3. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.

5.4. The agreement is drawn up in two copies having equal legal force.

6. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Lender

(last name, first name, patronymic)

Borrower: ____________________________________________________

(last name, first name, patronymic)

passport series___________ No. ___________ issued by ______________________

______________________________________________________________________

address: _______________________________________________________________

The Supreme Court of Russia clarified that within ten days after purchasing a car, the owner can drive without a compulsory motor liability insurance policy, so the driver cannot be fined for this.

A driver from the Republic of Mari El achieved a precedent. In February 2013, he was fined 300 rubles for not being included in the MTPL policy, but driving. As it turned out, the man had purchased the car only a couple of days before. More precisely, he received temporary possession free of charge, de jure the car belonged to someone else. This is what it says in official documents.

Be that as it may, the man owned the car for only a short time. Having analyzed the situation, the Supreme Court of the country came to the conclusion that before the expiration of the ten-day period allotted to the owner of the vehicle to conclude a civil liability insurance contract, the driver has the right to drive a car without an appropriate insurance policy. Therefore, the decision to punish was overturned. Although the decision took place a year ago, the case itself turned out to be so important that it was included in the first review of judicial practice of the joint Supreme Court of Russia, approved at the end of last year.

From the review of Judicial practice of the Supreme Court of Russia 1 (2014).

5. Before the expiration of the ten-day period allotted to the owner of the vehicle to conclude a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy.

By the resolution of the BDPS inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Yoshkar-Ola dated February 7, 2013, left unchanged by the decision of the judge of the Yoshkar-Ola City Court of the Republic of Mari El dated April 4, 2013, the decision of the judge of the Supreme Court of the Republic of Mari El dated May 8, 2013 g. and the resolution of the acting Chairman of the Supreme Court of the Republic of Mari El dated August 20, 2013, S.A. found guilty of committing an administrative offense under Part 1 of Art. 12.37 of the Code of Administrative Offenses of the Russian Federation, and was subjected to administrative punishment in the form of an administrative fine in the amount of 300 rubles.

In the supervisory appeal, the applicant asked to cancel these judicial acts.

Having studied the materials of the case of an administrative offense and the arguments of the complaint, the judge of the Supreme Court of the Russian Federation came to the following conclusions.

In accordance with Part 1 of Art. 12.37 of the Code of Administrative Offenses of the Russian Federation, 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 it, entails the imposition of an administrative fine of in the amount of 500 rubles (as amended by Federal Laws of June 22, 2007 No. 116-FZ, dated July 23, 2013 No. 196-FZ).

By involving S.A. to administrative responsibility, the BDPS inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Yoshkar-Ola proceeded from the fact that on February 7, 2013 at 00 hours 14 minutes near house 17 on K. Street in Yoshkar-Ola S.A. drove a vehicle without being included in the insurance policy. In this regard, the traffic police traffic police official came to the conclusion that S.A. was involved in the actions. an administrative offense under Part 1 of Art. 12.37 Code of Administrative Offenses of the Russian Federation. The courts agreed with these conclusions.

The Supreme Court of the Russian Federation did not recognize these conclusions as justified.

In accordance with Part 1 of Art. 4 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” (hereinafter referred to as Federal Law No. 40-FZ), vehicle owners are obliged under the conditions and in the manner established by the said law and in accordance with with it, insure the risk of your civil liability, which may occur as a result of causing harm to the life, health or property of other persons when using vehicles (as amended by Federal Law No. 306-FZ of December 1, 2007).

According to Part 2 of this article, when the right to own a vehicle arises (acquiring ownership, receiving it under 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 ten days after the right to own it arises (as amended by Federal Law No. 170-FZ of July 1, 2011).

According to Federal Law No. 40-FZ, the owner of a vehicle is the owner of the vehicle, as well as the person who owns the vehicle under the right of economic management or the right of operational management or on another legal basis. A person who drives a vehicle due to the performance of his official or labor duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of a vehicle.

From the systematic interpretation of the above norms, as well as in accordance with clause 21.1 of the Traffic Rules of the Russian Federation, which provides for the driver’s obligation to carry an insurance policy only in cases established by federal law, the Supreme Court of the Russian Federation came to the conclusion that before the expiration of the ten-day period allotted to the owner vehicle to enter into a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy.

From the case materials, the court found that on February 5, 2013, between S.M. and S.A. an agreement was concluded for the free use of a car, according to which S.M. conveyed by S.A. for temporary use of a vehicle owned by him - a car.

Under such circumstances, S.A., being in accordance with Art. 1 of Federal Law No. 40-FZ, the owner of the specified vehicle had the right to insure his civil liability no later than 10 days after the right to own the vehicle arose, that is, in this case, the last day of expiration of such a period was February 15, 2013.

At the time of management of S.A. On February 7, 2013, with a vehicle - a car in temporary possession on the basis of an agreement dated February 5, 2013, the period provided for by the specified regulatory legal act for concluding a civil liability insurance contract had not expired, which did not deprive him of the right to drive such a vehicle without an appropriate insurance policy and is consistent with clause 21.1 of the Road Traffic Rules of the Russian Federation.

Based on the above, the presence in the actions of S.A. an administrative offense under Part 1 of Art. 1237 Code of Administrative Offenses of the Russian Federation is excluded.

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, OSAGO 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 the MTPL policy with the rest, which does not include the driver (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 another 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 recommend using 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, together 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 condition 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 free 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 of a natural nature.

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.

Agreements for the free use of a car are rarely used in practice. Meanwhile, the execution of such a document allows you to maximally protect the owner of the car and the driver using it.

Having drawn up an agreement, the car owner will resolve many important issues: who should be responsible for the maintenance of the car, carry out in-line and major repairs, as well as in what condition it was handed over and received back. In this publication we will take a comprehensive look at this type of contract.

The Civil Code provides for the possibility of concluding an agreement on the use of property free of charge. It is also called a loan agreement. Gratuitousness refers to the transfer of property by the owner to another citizen without receiving any material reward for it.

Expert opinion

Natalya Alekseevna

The obligations of the parties entering into a loan agreement are very similar in nature to those that arise during a lease.

A significant difference is the gratuitous nature of the relationship, which necessarily has a moral element that leaves an imprint on the risks of the parties, and, accordingly, their rights and obligations.

Property can be transferred either directly by the owner or by his representative.

When property passes to another owner, this is not grounds for termination of the concluded agreement.

Nuances associated with the transfer of vehicles

An agreement for the free use of a car has significant differences from agreements for the use of other property free of charge. When temporarily using a vehicle that is an object of increased danger, special responsibility arises.

A driver who has received a car for temporary use free of charge has many responsibilities.

When using the machine, some elements require replacement. In particular the tires. The condition of the car directly depends on the method of operation. The car can be used for private trips, or as a taxi. Physical and moral wear and tear directly depends on how it is used.

In this publication we will look at a car loan agreement concluded between individuals. According to the current rules, transactions are executed according to general rules. Consequently, there is no single form of contractual document for individuals. You can download the contract form and completed examples on the Internet.

Why is a contract better than a power of attorney?

In order to confirm the fact of transfer of a vehicle to another motorist, you can formalize:

• simple power of attorney;
• general power of attorney;
• agreement for free use of a car.

In fact, all documents enable the car owner to transfer control of the vehicle to another car owner.

But an agreement confirming the free use of a loaned car has two advantages over powers of attorney:

1. The executed agreement details the obligations and rights of the car owner and the driver to whom the car is transferred to control. It is the driver who is responsible for bearing the operating costs. These include expenses for repair work, replacement of parts and materials, tires, etc. Also, the motorist is obliged to compensate for the wear and tear of the vehicle that occurs as a result of operation, and to pay fines for traffic violations sent to the car owner’s mailing address.
2. Based on the agreement, a legal entity can include expenses related to the operation of the machine in its expenses. Therefore, when the owner of the car uses it while performing his official tasks, the company will be able to compensate him for the cost of gasoline or other fuel.

An example of a free use agreement.

Thus, the optimal solution if it is necessary to transfer a car for free use by an individual or legal entity is to draw up an appropriate agreement.

When using transport in the interests of an enterprise, you can enter into an agreement with the crew, meaning the driver.

Related articles:

Some features

An agreement concluded for the purpose of formalizing the free use of a loaned car does not require notarization and state registration.

You can write it by hand or download a ready-made form on the Internet and fill it out according to the sample. At its core, it is a car rental agreement with zero payment.

In big cities there are a huge number of cars and therefore there is an acute shortage of parking spaces. In many countries, car enthusiasts have started car sharing to solve this problem. Moscow has already implemented world experience. Through a special application, a motorist can book a car. In essence, car enthusiasts enter into a contract to rent a car for a short time.

Procedure for drawing up a contract

A contract for the gratuitous use of a car must be drawn up taking into account all the requirements of the Civil Code, therefore, without experience in drawing up contractual documents, it is advisable to download a ready-made form on the Internet. The document form is available on many websites. There you can not only download the form, but also an example of how to fill it out.

For the procedure for drawing up an agreement, the following documents will be required:

• passports of both parties to the agreement;
• driver's license of the person to whom the car is being transferred;
• registration certificate;
• car registration certificate or abbreviated STS;
• OSAGO policy.

The agreement is drawn up in 2 copies - one for each party.

Important points of the agreement

Donation agreement between an individual and a legal entity.

On the Internet you can actually find many useful examples of document preparation. Therefore, we will focus only on focusing your attention on important points.

The most important point is the subject of the agreement. It needs to describe the car in as much detail as possible. Without a clear definition of the vehicle, the agreement has no legal effect. All data from the technical passport and vehicle registration certificate, mileage of the car, its shortcomings and breakdowns are included. It is necessary to indicate with what equipment the transport is being transferred.

To protect yourself from the visit of bailiffs, you need to introduce a clause stating that the car cannot be pledged or seized. If such demands are presented, contractual obligations are terminated.

It is advisable to specify why a car enthusiast needs transport. In other words, why does he take it from the owner? After all, when the desired purpose is the systematic transportation of building materials, such cargo will significantly spoil the appearance of the car.

Experts advise indicating the cost of vehicles that both parties agree on. By registering such a clause when transferring the car for use, the owner, in a way, will insure himself against receiving back a property that has greatly lost its value. The driver will take more care of it while operating the car.

Points that deserve special attention

It is imperative to specify in detail the responsibilities of the parties to the agreement. When exactly will the car owner hand over the vehicle to the driver? For an individual, when transferring a vehicle free of charge, responsibility is indicated in the event of any harm.

It should be very detailed what operating costs are borne by the parties to the agreement, as well as what auto insurance needs to be taken out. During the use of the car, policies are issued by the person to whom it is transferred, but insurance programs are negotiated when preparing the contract. The OSAGO policy must be purchased, and the CASCO policy is optional.

Free use agreement form.

It is necessary to indicate the validity period of the agreement and the conditions for its termination. When no lines are specified, then by law the agreement is unlimited. The car owner has the right to unilaterally terminate the open-ended agreement, but must give a month’s notice.

The document may indicate a different period. When the text of the contract document indicates how long the machine is being transferred, then early termination is possible only in court.

All possible consequences of concluding a rather risky agreement are considered. The main risks for car owners are getting a damaged car or losing it completely. According to statistics, drivers often rent out a car or re-register it illegally.

The driver fears damage to the car, including natural disasters. After all, he is responsible for it.

In addition to the points described above, the text of such a contractual document also includes additional conditions for operating the machine and its maintenance.

Bottom line

Drawing up an agreement for the free use of a car will protect the car owner and driver from possible risks associated with transferring control for a long time. The agreement stipulates that the car is transferred from the owner to another motorist without financial compensation.

Such an agreement can be drawn up between individuals or an individual and a legal entity. We looked at how to correctly draw up an agreement for the free use of vehicles.

Good luck on the roads!

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 the MTPL policy with the rest, which does not include the driver (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 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. According to the text of the contract, it is required to indicate the mileage of the vehicle, identify existing breakdowns and shortcomings.

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 recommend using 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 recommend using 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 by 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 condition 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 of a natural nature.

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, together 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 another 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 of the parties

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 condition 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 free 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, together 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 the MTPL policy with the rest, which does not include the driver (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 in a case where 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 of a natural nature.

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.