in a person acting on the basis, hereinafter referred to as " Borrower", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Lender", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lender transfers for free temporary use to the Borrower a car of make, year of manufacture, engine No., body No., colors, license plate number, vehicle passport No., issued in 2020 (hereinafter referred to as the “Car”), owned by the Lender.

1.2. The cost of the car is established on the basis of the appraisal report, which is an Appendix to this Agreement.

1.3. The lender confirms that the specified car has not been promised to anyone, has not been sold, is not the subject of a pledge, is not in dispute and is not under arrest.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Lender undertakes:

2.1.1. Provide the car in good condition according to the acceptance certificate, which is an integral part of this Agreement.

2.1.2. Hand over to the Borrower, together with the Car, its accessories, tools and related documents (technical passport, etc.).

2.2. The borrower undertakes:

2.2.1. Upon expiration of the Agreement, return the car in the condition corresponding to that reflected in the acceptance certificate, taking into account normal wear and tear.

2.2.2. Maintain the vehicle in good condition, carry out routine repairs at your 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.

3. DURATION OF THE AGREEMENT

3.1. The Agreement was concluded for a period from "" 2020 to "" 2020. After this period, the Agreement may 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 car during working hours and in the event of loss or damage to the car during this time, he 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 Lender has the right to require the Borrower to pay a penalty in the amount of % of the cost of damage or the estimated value of the car (clause 1.2 of this Agreement) for each day of delay.

4.2. If the Lender does not transfer the car to the Borrower, the latter has the right to demand termination of this Agreement and compensation for actual damage incurred.

4.3. The Lender is responsible for any defects in the vehicle that he intentionally or through gross negligence did not specify when concluding this Agreement. If such deficiencies are discovered, the Borrower has the right, at his own discretion, to demand from the Lender the elimination of the defects of the vehicle free of charge or reimbursement of his expenses for eliminating the defects, or early termination of the Agreement and compensation for actual damage incurred by him.

4.4. The Borrower bears the risk of accidental death or accidental damage to the car received for free use if the car was damaged due to the fact that the Borrower did not use it in accordance with this Agreement or the purpose of the car or transferred it to a third party without the consent of the Lender. The borrower also bears the risk of accidental death or accidental damage to the car if, taking into account the actual circumstances, he could have prevented its death or damage by sacrificing his thing, but chose to keep his thing.

5. EARLY TERMINATION OF THE AGREEMENT

5.1. The Agreement may be terminated by agreement of the Parties.

5.2. The Lender has the right to demand early termination of this Agreement in cases where the Borrower:

• uses the vehicle not in accordance with the Agreement or its purpose;
• fails to perform duties to maintain the vehicle in good condition or maintain it;
• significantly worsens the condition of the car;
• transferred the car to a third party without the consent of the lender.

5.3. The Borrower has the right to demand early termination of the Agreement:

• if defects are discovered that make the normal use of the car impossible or burdensome, the presence of which he did not know and could not know at the time of concluding the Agreement;
• if, due to circumstances for which he is not responsible, the car is in a condition unsuitable for use;
• if, when concluding the Agreement, the lender did not warn him about the rights of third parties to the car;
• if the Lender fails to fulfill the obligation to transfer the car or its accessories and documents related to it.

6. OTHER CONDITIONS

6.1. In all other respects that are not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.

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

7. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Borrower Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Lender Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

8. SIGNATURES OF THE PARTIES

Borrower _________________

Lender _________________

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 the 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.

How to drive without insurance.

Good afternoon. I found this article. I’m 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 the 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 by 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 owner of the car can transfer it for temporary use to third parties. Previously, this required a power of attorney. Now its presence is not necessary, documents are enough. However, in some cases, a power of attorney and even an agreement for the free use of a car may be required.

Situations involving the conclusion of an agreement on the transfer of a vehicle for temporary use are few. They are mainly related to the benefits that signing the agreement provides.

Maintenance costs are borne by the person who uses it under the contract. This may include the replacement of consumables (filters, oils), seasonal tires, washing and other costs associated with operating the vehicle.

The fines that come to the owner must be paid by the driver who actually owned the vehicle and violated the traffic rules.

The agreement may provide compensation for wear and tear resulting from heavy use, such as in a taxi.

If the owner of a car uses it for business purposes, the company can compensate him for the cost of fuel and lubricants and take them into account in its expenses.

1. when transferred to work in a taxi;
2. when used for official purposes;
3. when transferred to third parties who will use the car for a long time.

Free use differs from car rental in that in the first case there is no charge for use. In other words, the vehicle is transferred free of charge.

Typically, these types of agreements are not extensive. They contain no more than 10 articles reflecting the most important conditions.

Item

Without identification of the transferred object, the agreement is considered not concluded. Transport information should be as detailed as possible; its purpose is to identify the vehicle. If the information is vague or incomplete, then instead of giving away a new Mercedes, you can get an old and battered one back. Therefore, in the relevant article it is necessary to indicate:

• brand;
• registration ;
• year of issue;
• body number;
• VIN number;
• PTS details.

The contract must indicate the authority of the owner and a document confirming it. In other words, include an article containing information about its details.

To protect yourself from the demands of bailiffs or other persons, officials or civilians, you need to include a condition that the car is not pledged, under arrest or is not the subject of a dispute. If someone makes demands, the contract may be terminated.

It is recommended that the contract for the gratuitous use of a vehicle indicate the purposes for which it will be used.

Special attention should be paid to the cost of the subject of the agreement. The fact is that during operation the car can be destroyed or significantly lose in value. To save yourself from unnecessary price determination, you need to immediately include in the contract a price that the parties agree on. This cost will be taken as a basis for possible calculations.

Rights and obligations of the parties

This section is important because it regulates important things regarding operation. So, for example, you can determine that the recipient of the transport must:

• repair;
• maintain working condition;
• carry out maintenance;
• return in working order.

The same section may stipulate the period during which the car must be transferred.

The provision for incurring operating costs can be included in this section or made as a separate one. Since this is one of the most important parts of the agreement, it is better if these provisions are structured separately.

Operating costs

The costs associated with the use of the vehicle are borne by its recipient, not the owner.

To avoid confusion and misinterpretation, you need to list the types of expenses that the recipient pays. They are usually divided into two categories: operational and maintenance.

Operating costs consist of:

• expenses for fuel and lubricants;
• washing;
• interior cleaning;
• air conditioner maintenance.
• To ensure normal operation of the car you need:
• maintenance;
• replacement of parts with a short service life;
• tire replacement, seasonal or as needed;
• elimination of breakdowns and malfunctions.

The OSAGO, DSAGO or CASCO policy is paid for by the recipient. The type of insurance is agreed upon by the parties.

Responsibility

A contract for the free use of a car must include this section. It is recommended to provide for as many incidents as possible to avoid disagreements.

The provisions of this section may vary. For example, it can be established that if deficiencies are detected, the car must be replaced. The defects may have been unknown to the parties before the transfer of transport, so the time of their discovery does not matter.

It is imperative to indicate that the recipient is responsible for the death or damage of the vehicle. If such a case occurs, he compensates the owner for expenses or the cost of the subject of the contract.

Validity of the agreement

This section specifies the period during which the vehicle will be used by the counterparty and the conditions for its extension. If you plan to use it for a long time, it is recommended to provide automatic renewal. It lies in the fact that if no one notifies of their desire to terminate the contract, then it is extended for the same period and on the same conditions.

If the parties do not specify a term, the agreement will be considered unlimited. It will be terminated upon prior notification of one of the parties to the contract for the free use of the car. You can also provide conditions for early termination.

Transfer certificate

The car is transferred according to the acceptance certificate. It indicates the equipment being transferred, for example, an alarm system, a fire extinguisher, a radio tape recorder, and others. For each of their objects, information about the name, brand, number and other information is provided.

The act indicates the condition of the vehicle, mileage, and shortcomings that are known to the parties to the agreement.

The agreement form can be downloaded here.

The contract in question is not the most complex. Most often, it is needed to compensate an employee for expenses for using personal transport for business purposes. Because of this, we can say that it is purely formal in nature. However, even in this case, detailing the conditions may not be superfluous.

We all know that according to current legislation in Russia, you cannot drive a car without a mandatory civil liability insurance policy. There is a penalty for this (depending on the type of offense). But what about vehicle owners who recently bought a car and have not yet re-registered the car within the ten-day period established by law? Until recently, the State Traffic Inspectorate believed that in this case the new owner of the vehicle is also obliged to purchase a car from the very first day of ownership. But the Supreme Court of the Russian Federation thought differently.

Thus, the Supreme Court of the Russian Federation canceled a fine of 300 rubles issued to the car owner for driving a car after taking possession of it without an insurance policy.

The fact is that the court sided with the driver and decided that it was illegal to impose a fine because the new owner (not the owner, but the owner on the basis of an agreement on the gratuitous transfer of the vehicle) of the car drove it without being included in the insurance policy.

Here is an excerpt from the decision of the Supreme Court of the Russian Federation No. 12-AD13-3 dated January 21, 2014:

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

It is noteworthy that before the driver was able to defend his civil rights, all lower authorities recognized the legality of imposing administrative liability on the driver under Article 12.37, leaving the decision of the trial court in force.

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 Armed Forces 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, Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Civil Insurance" liability of vehicle owners" (only in the new edition based on ). 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. Accordingly, if the right to use a car arises for any reason, the driver is obliged to purchase an MTPL policy within 10 days from the moment this right to drive a car arises in accordance with the Civil Code of the Russian Federation.

As follows from the case materials, the driver’s ten-day period has not expired. Accordingly, the traffic police did not have the right to impose a fine.

If the driver who received the car for use was stopped by the traffic police after 10 days, then administrative liability could have been imposed on him by the traffic police. But since the period allotted by law for purchasing an MTPL policy has not expired, the court decided to cancel the fine for driving a car without an insurance policy.

What does this mean in practice?

Of course, our confusing legislation is one of the most complex in the world. The thing is that many laws contradict other Federal and by-laws. This is where the incorrect interpretation of certain provisions of the legislation comes from. But in fact, this court ruling is very important for all car owners, since anyone can be fined illegally. Especially in connection with the legal illiteracy of not only ordinary citizens, but also many civil servants.

Therefore, every driver should know that if you have just purchased a car and the ten-day period has not expired, you can drive the car without an MTPL policy until the expiration of the period.

How to legally drive without a compulsory insurance policy?

Many enterprising vehicle owners, after this ruling of the Supreme Court of the Russian Federation, which was issued at the beginning of 2014, began to use a legal method so as not to drive without the risk of being fined for more than ten days. To do this, those who do not want to purchase an insurance policy register their car in the name of their closest relatives, who allegedly transfer the car to the previous owner for free use or under a sales contract.

Thus, the previous owner (only from the legal side, the driver is the previous owner, but in fact still continues to fully use the car) acquires the legal right to drive the car without for 10 days.

After the expiration of the period permitted by law, which allows driving without an insurance policy of compulsory civil liability insurance, the gratuitous agreement for the transfer of a vehicle (or any other agreement in accordance with the Civil Code of the Russian Federation - including the purchase and sale agreement) is rewritten with a new date, which gives the right to drive a car for another ten days without a compulsory insurance policy.

This can continue indefinitely. After all, no one will be able to attract a driver for such a trick. After all, the previous vehicle transfer agreement or purchase and sale agreement will never reach the traffic police, who in this case will never be able to find out about such an enterprising way of not buying an insurance policy.

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 in the event of our guilt in which harm is caused to the injured party. .

But in the case of driving a car without an insurance policy (despite the fact that this is legal for 10 days), the driver, in the case of his own, will be (obliged) to pay for the damage from his own funds. If the culprit of the accident does not pay the injured party for the damage caused, then the injured party has the right to file a claim in court to recover the damage caused in the accident. As a rule, such lawsuits do not end with damage alone. Often, to this amount the court adds the plaintiff’s expenses for a lawyer, examination, state duty and other expenses.

Therefore, we advise you, despite the possibility of driving a car for ten days without an insurance policy, after obtaining the right to drive a car, purchase an insurance policy or enter your data into the current policy, since in the event of an accident due to your fault, you risk paying for the damage from your own funds.