Most motorists had to deal with not the most pleasant of the procedures - forced towing (evacuation) of a vehicle with sending to a parking lot. Most often, the rules of this action are not completely understood, as is their legitimacy from the point of view of the law. Therefore, questions are very frequent: on what grounds is the forced evacuation of vehicles possible, is it required to pay for it, and how much specifically? And what should a driver do if he suddenly discovers the absence of his own car on the spot?
In this article we will try to answer the basic questions regarding this procedure.
What does the law on evacuation of vehicles say?
The main regulatory act, on the basis of which the city authorities develop their own documents on the topic, is the Code of Administrative Offenses. Further, we are talking about the law adopted with reference to it number 195-, issued in December 2001. If we take our capital as an example, there are other regulatory documents specifically for it - law No. 42 of July 11, 2012 (establishes the procedure for loading a car onto a tow truck and transporting it to the parking area, as well as the rules by which it is returned and refunded cash expenses). Then - Order No. 35-P of the Department of Economic Policy (September 2013), it lists the amount of payment for such actions. And also - Decree No. 216-PP (April 2013) of the Moscow Government.
The regions have their own regulatory documents containing all the information about the evacuation of vehicles. Their provisions more or less coincide, and you should focus on the main one - the Administrative Code of the Russian Federation.
Situations when a car can be evacuated
Here is a list of those cases when the law permits to detain a car and forcibly take them to a parking lot according to article 27.13 of the Code of Administrative Offenses:
1. A case of absence when driving a car driver’s license.
2. Use of the vehicle with brakes in malfunctioning condition.
3. If the car is driven by a driver who is deprived of rights or does not have them at all.
4. The driver was found to be intoxicated (alcoholic, narcotic).
5. Ignoring the owner of the car markings or road signs, indicating a ban on parking or stopping.
6. If the car is parked on the roadway and interferes with the movement of other vehicles. The same applies to cases of parking less than 5 meters from the pedestrian crossing.
7. If the rules for the transportation of heavy or bulky goods are not followed.
8. If dangerous goods are transported in violation.
9. In case of suspicion of alcoholic intoxication and the driver's refusal to undergo a medical examination (if required by the traffic police officer).
10. When, after an accident, the driver used alcohol or drugs until such an examination was completed.
The list of evacuation grounds for the vehicle can be considered exhaustive. That is, other violations do not entail forced abduction and are not considered in this case.
General rules of procedure
Their regulation is clearly defined and does not imply any deviations. The evacuation plan of vehicles is as follows.
The duty of the traffic police officer who detained the car is to draw up the appropriate protocol in duplicate, the driver and the police must sign it. If the owner refuses the servant of the law in the signature, a note is made that fixes the fact of this refusal. Mandatory conditions for compiling the protocol - the presence of witnesses or fixing the procedure using video.
The content of the protocol should include the following data:
1. The place and date with the exact time of its compilation.
2. The clearly stated grounds for the evacuation of vehicles with reference to the article of the Code of Administrative Offenses of the Russian Federation.
3. Full indication of the title, position, last name with the initials of the traffic police officer who compiles and signs the protocol.
4. All the necessary information about the car and the driver.
5. Information about the authority whose employee is the police officer who detained the car.
6. If the detention occurs with the driver, it is compulsory to draw up an inventory of personal and valuable things found in the car at the time of compiling the protocol. It should also describe all the current problems and damage to the machine.
What else to remember
In addition to the rules for filling out the protocol, the driver in this situation should know that:
1. It is necessary to seal all the places through which the entrance to the car is available.
2. The rules for the evacuation of vehicles, their storage and fees may vary on the territory of individual constituent entities of the federation, since they are empowered to install them yourself. And therefore, local laws should be studied especially carefully. This applies not only to the hometown, but also to the territories through which long trips are planned.
3. The period of detention starts from the moment the protocol was drawn up.
How much does evacuation cost?
Such services (evacuation and subsequent storage of cars at the parking lot) are evaluated differently in each region. This is decided by the territorial authorities. In Moscow, the tariffs for evacuating vehicles are listed in the above-mentioned order number 35-P. Here are a few numbers from this document:
1. If cars belong to category A or B and engine power does not exceed 80 liters. with., you have to pay the amount of 3000 rubles.
2. A vehicle of category B, with a capacity of between 80-250 liters. with., "pull" a fine of 5,000 rubles. This does not apply to trucks.
3. The same category cars with an engine more powerful than 250 liters. from. (again excluding freight) guarantee you 7000 rubles. a fine.
4. Category D vehicles, which, as you know, include trucks (with the exception of oversized ones) will ruin their owner in the amount of 27,000 rubles.
What about storage?
The fee for parking in a specialized parking lot for evacuated cars is calculated daily and is equal to five hundred rubles for a category A car, for a category B or D vehicle (up to 3.5 tons of permitted weight) - one thousand rubles, with a weight of more than three and a half tons (and also with category C or E) - two thousand. A day of storage of oversized transport will cost the owner 3,000 rubles.
According to the law, when calculating the payment, the whole day is taken into account. In addition, it should be remembered that paying for towing services and storing a car in the parking lot does not cancel the simultaneous fine imposed for violating the traffic police.
How does this happen
As a rule, the situation looks like this: after parking, for example, a car in a place that is considered to be inappropriate, the driver leaves for his own affairs. At this time, "on stage" appears police squad, whose employees the fact of violation of traffic rules is documented. They call the corresponding service. The evacuation of the “abandoned” vehicle occurs quickly, and, having returned, the driver cannot understand where the car is and where to call.
If the owner happened to appear before the car was towed by the tow truck (even if the car has already been loaded onto the platform, but the movement towards the parking lot has not yet begun), the law gives the right to remove and return the vehicle. Then the inspector draws up a traffic violation protocol with a fine. Having paid it on the spot, the driver regains the right to return to driving his own car.
How else can you avoid sending to a special parking lot?
The options are as follows:
1. You call the tow truck yourself and send it along with the loaded car to your own garage. In this case, you only have to pay for the services under the vehicle evacuation agreement.
2. If it is forbidden for the owner-driver to be the inspector to drive, try to find someone who wants to help you and transfer the car under its own power (for example, in tow).
3. Some of the breakdowns or malfunctions can be tried to be fixed directly on the spot.
What to do when a tow truck with a car loaded on it came into motion? The driver no longer has the right to stop him. That is, it is necessary to pick up the car already from the parking lot, and only after receiving the appropriate permission of the inspector who arrested the vehicle.
When to go for a car
The most important thing in such a situation is to urgently obtain official information about the address of the sending of your iron friend. The easiest option is when the necessary data can be obtained immediately on the spot at the traffic police inspector. He also draws up permission regarding the return of the car. In this case, at least you do not have to find out for a long time who the car was detained and sent to the parking lot and which branch of the traffic police to go to solve the problem.
Car return
If permission is in hand, you can go behind the car. To make a car return from the driver, you need to have a number of certain documents with you, namely:
1. The detention protocol, which is marked with a permit to return.
2. A package of all necessary documents for the car.
3. Driving license.
4. Personal document (passport).
You can pay for the services of evacuating vehicles and for storage directly at a specialized parking lot. Having finished the formalities, you can pick up the car. When taking the car, make sure that all things are in place, and on the machine itself there are no signs of damage that may occur during the incorrect or inaccurate transportation procedure.
New vehicle evacuation procedure
Since June 2015, the new rules regarding the car evacuation procedure began in our country. The provisions contained in them somewhat improve the situation with the rights of ordinary drivers. What changes does this document contain?
1. By calling a tow truck and filling out all the necessary documents, the traffic police inspector must not leave the scene until the platform, together with the loaded car, starts moving. The driver who returned to this minute has the right to immediately unload the tow truck, after which the car cannot be taken out. The case is limited to a fine with the obligation to pay immediately. Its size is 1,500 rubles. everywhere and 3000 rubles. - in cities of federal significance.
2. Violation by the inspector of the above requirement entails withholding from him an administrative fine in the amount of 20,000 rubles, which is prescribed in article 12.35 of the Code of Administrative Offenses.
3. Since August 2015, an additional clarification is introduced - evacuation is possible only when the sign "Tow truck is running" is accompanied by a road sign. If such information is not available, the export act is declared illegal. This innovation, in addition to this, is accompanied by a rule obliging traffic police officers to warn about the installation of such plates in 20 days by publishing preliminary information. In addition, all information of this kind must be contained on the official websites of authorities that control the traffic situation.
4. The evacuation procedure is declared illegal even when the violation consists in the absence of a driver’s certificate. The duties of the inspector now are to check on the basis of its existence and punish a forgetful car owner with a fine of 500 rubles. If the rights are absent in principle or the driver is deprived of them in court, the use of a tow truck is legal and justified.
5. The new rules also contain a moment not directly related to the evacuation. We are talking about individual drivers illegally decorating their own car with the sign "Disabled". Such a violation is punishable by a fine of the same size - 500 rubles. If parking is observed in a special place for the disabled, the penalty increases tenfold - up to 5000 rubles.
Driver Tips
If at some point you go to the parking place and do not find your own car there, the possibility of a banal hijacking is not excluded. In this situation, you should first call 02.
Remember that most cases of calling a tow truck by police officers are associated with improper or illegal parking in the area of ​​the sign prohibiting it.
The procedure for evacuating vehicles allows you to pick up a car directly from a tow truck only until you have signed it in the detention protocol, as well as in the act of car acceptance. If these documents are already sealed by the driver’s autograph, a visit to the parking lot cannot be avoided. Therefore, it is best to show maximum attention in their own actions.
Non-standard situations
Cars with people in the cabin cannot be evacuated. If passengers refuse to leave the car, the police inspector can draw up an additional protocol, indicating the reason for the violation of disobedience to the traffic police.
Sometimes situations arise from the category of disputes. The car may suddenly fail, and the driver leaves it in an inappropriate place (in the area of ​​the prohibition sign). A note is attached to the glass of the car stating that the car is defective, indicating the period of time after which the car can be taken out. If the traffic police nevertheless formalize the dispatch to the penalty parking, it is possible to go to court. Then, by presenting documents proving the real malfunction of the machine, you will not only win the case, but also receive compensation for the damage caused.