The topic is doubly relevant in winter, when there is snow and slush on the roads, which means that the likelihood of inadvertently violating traffic rules increases.
Through the efforts of the city authorities, the green "crocodiles" tow trucks gained a bad reputation. Meanwhile, unpleasant communication with this service can be avoided if you know the law. The same knowledge will help minimize the consequences if you are still unlucky to fall into their tenacious manipulator paws. Let's fill in the gaps.
Everything according to the law
Issues of detention of vehicles (TC) are regulated by Article 27.13 of the Code of Administrative Offenses of the Russian Federation. Please note that by itself, evacuation and detention in a parking lot are not considered a punishment by law, but a measure to ensure the proceedings in a case of an offense. There is some guile here, because the costs of rescuing a car from captivity, as a rule, many times exceed the amount of the fine for the violation due to which it was detained. The fact that, having parked a car in a prohibited place, there is a chance to find it in a car impound, probably everyone already knows. But there are other offenses for which you can temporarily lose property.These include driving a vehicle without registration documents, which, we recall, include only a registration certificate and technical certificate(not to be confused with PTS!). Since traffic rules prohibit driving with faulty brakes, steering, and the road train also with damaged hitch, an attempt to ignore the ban can also end in a car impound. The car will also be evacuated if the driver does not have a license. I did not forget them at home (for this only a fine), but did not receive or was deprived of them. The vehicle will be detained if the person driving was drunk or refused to undergo an examination in a drug laboratory. Professional drivers face arrest for violating the rules international transport, as well as transportation of large and heavy cargoes.
Did not have time to take away - will they give it back?
Detention must be terminated together with the elimination of its cause. For example, if there is a driver among the passengers who is ready to drive instead of a drunk, they will not call a tow truck. Sometimes traffic police officers make concessions and make it possible to bring documents for a car forgotten at home or find sober driver. The offender is considered to have two hours. In fact, this is not provided for by law, so the only hope is the goodwill of the inspectors and circumstances - if suddenly friends or relatives turn out to be more agile, arriving at the place faster than the tow truck.Tow truck vs driver - stand to the last!
Cars are evacuated and taken to impound in accordance with the procedure established by law. This procedure provides for the payment of special fines. There is also a special procedure for obtaining a seized car by the traffic police.
Situations when a vehicle is picked up by a tow truck and taken to a car impound are not uncommon. The place of the previous car can be taken by the next one, and the situation repeats itself. This is due to the fact that drivers are poorly versed in the rules for parking cars.
The process of evacuation in case of violation of the provisions of the law turns into additional difficulties: you need to know where to find and how to pick up the evacuated car. In addition, you will need to pay a state fine for violating the relevant rules, the evacuation itself and the parking space.
Reasons for evacuation and penalties for it
- if the driver violated the rules of parking or parking, leaving the car in a place not provided for this (the car can be picked up only if the owner is not at the place);
- if, during the check by the traffic police, the driver did not have a license with him, or he was deprived of them earlier;
- in case of malfunction vehicle threatening passengers and road users.
A complete list of situations involving evacuation is indicated in the Code of Administrative Offenses of the Russian Federation.
The amount of the fine for parking violations is amended annually by the government. The amount consists of the main fine, ranging from 500 to several thousand rubles, and payment for related public services.
The cost of evacuation can range from 1500 to 2500 rubles in different regions.
Also, the owner will have to pay 40 rubles for each hour the car is in the special parking lot, starting from the first.
The procedure for evacuating a car is lawful if the traffic inspector draws up three documents at the same time: protocols on the offense that caused the seizure of the car, on suspension from driving, and also on the detention of the vehicle. All papers must be drawn up with the participation of the driver and submitted to him for signature.
When escorting a car to a car impound by means of a tow truck, damage to the vehicle is not allowed. In addition, the parking itself must be equipped according to the regulations and not violate the storage conditions for both cars and trucks.
Note!
Car owners have the right to challenge the act of seizing the car in judicial order. In addition to violations related to the refusal of the traffic police inspector to fill out certain protocols, the reason for going to court may be the fact that the evacuated vehicle did not interfere with traffic.
The absence of parking signs does not always mean a violation of the rules, which some inspectors ignore. In some cases, a serviceable car is loaded onto a tow truck in the presence of a driver, which is also against the law.
If there is no way to avoid evacuation, the driver must act in the correct order in order to get the car back as quickly as possible. First you need to find out the name and position of the employee who detained the vehicle, as well as the name of the relevant traffic police department. If receive this information failed, it is enough to contact the duty department of the city to find out where to call upon the fact of detention.
After confirming personal data, the driver will be informed of the address of the impound lot and the address of the relevant department. The car can be picked up only if the reason for the detention is eliminated. In the duty unit, with the participation of a citizen, a permit is drawn up to receive a vehicle from a special parking lot. The document can be issued either by the inspector who carried out the seizure, or, if he is absent, by any duty officer of the unit.
All fines must be paid within 60 days in the prescribed manner.
Possible problems when receiving a car
Penalty parking works around the clock, so the car owner has the right to come for his vehicle at any time. The officer on duty must provide a protocol for receiving the vehicle with the signature and seal of an authorized inspector. If the parking lot was closed, or employees for one reason or another refuse to return the car, you must contact the police.
Delays in issuing a car are not uncommon due to the fact that parking will cost more and more every day, and this is beneficial to its owners. Any illegal actions can be safely recorded on a video camera.
Note!
Before leaving the car impound, it is necessary to inspect the car and make sure that there are no damages that have appeared since the removal.
It is necessary to ask the traffic police officers for photographs of the vehicle, which should have been taken before the evacuation of the car. If there were personal belongings of the car owner in the cabin during the arrest, the issued protocol should indicate how many there were. In the absence of any valuables or the appearance of damage on the body, they should be recorded with the participation of witnesses (you can ask passers-by for help).
How to avoid evacuation?
The best way prevent seizure own car study the relevant provisions in the Code of Administrative Offenses of the Russian Federation. It is important to keep track of changes in the rules traffic and it is good to know all the signs that allow and prohibit parking or parking in certain places. You should remember the location of the relevant signs and other restrictions in your locality.
It is advisable not to leave personal car unattended for a long time, especially if you had to park incorrectly.
Leave the DVR on when leaving. Some advanced alarm systems also emit a signal when you try to move the car. If you were told that the tow truck is already picking up the car, you need to try to arrive at the place before the end of the procedure. In this case, the inspectors will be forced to stop the seizure.
If it was not possible to avoid evacuation, it is necessary to call the duty department of the traffic police in the city as soon as possible and find out where the vehicle will be stored. You need to pick it up from the impound lot as soon as possible so as not to overpay for this service. Be sure to pay the fines issued within the time period stipulated by law.
If it seems to you that your rights have been violated, you are not given the car, despite the fines paid, contact a lawyer for help.
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Not finding the car in the place where it was left is a real nightmare for any motorist. At first, thoughts of theft may come into your head, but sometimes, looking around, the driver may see a “no parking” sign and understand that his car is already being taken to a car impound.
Or maybe the driver thought that "maybe it will blow over" and deliberately parked in wrong place- under the sign, on the sidewalk or lawn. But it didn’t blow, a tow truck drove up, promptly loaded the car and left home. The situation is not fatal, but certainly unpleasant. How to avoid it and what to do if it still happened, the Nation News news agency understands.
Where not to park
Worth it first once again Remind in what cases evacuation is generally carried out. Full list situations in which the car is evacuated to the impound is specified in the article of the Code of Administrative Offenses 27.13. Here is where and how you absolutely cannot park, otherwise your car will be absolutely legally evacuated:
1. At the bus stop public transport or taxi stand or 15 meters from them.
2. On the tram tracks.
3. When parking second nearby.
4. On the sidewalk.
5. On pedestrian crossing or closer than 5 meters away
6. In the tunnel
7. Where the car interferes with the movement of other vehicles (at exits from yards, for example)
8. In disabled parking spaces
9. Under signs prohibiting stopping and parking if there is an evacuation sign under them. If there is no sign, the driver will only be fined for improper parking.
How to avoid evacuation
And yet it may happen that, due to certain circumstances, the driver parked in the wrong place, and the car has already begun to be loaded onto a tow truck. Here it is important to know your rights and not to commit rash actions. That is, do not rush to the tow truck to close in the cabin. Of course, the evacuation will be stopped, but this is already fraught with a protocol for disobeying the police, and simply dangerous.
The most important thing to remember is that if you caught the evacuation process, you can eliminate the violation on the spot, that is, remove the car from the wrong place, then the evacuation should not be carried out. Of course, you still have to pay the fine. This situation was analyzed in detail by auto-lawyer Dmitry Slavnov.
"If the car owner sees that his car is being evacuated, he should immediately approach the driver of the tow truck and ask him to take it off. a fine line: while the tow truck driver has not started, you have the right to insist that your car be removed, but you still have to pay a fine - for improper parking. If the driver of the tow truck started moving, then, unfortunately, you already need to contact the impound. Jumping onto a moving tow truck is not allowed. For a fine, you put your life in danger!" Slavnov told Nation News.
In any case, the traffic police inspector is obliged to say for what violation the car is being evacuated. And then he must draw up a protocol on an administrative violation. There must be indicated:
1. Exact time, date and place
2. Basis for evacuation
3. Surname and initials of the employee who drew up the protocol and his position
4. Information about the car being towed and its owner
5. Information about the body that evacuates the car
6. All damage to the vehicle at the time of evacuation
Finally, all vehicle access points must be sealed. It is worth remembering that the movement of cars to the impound lot and their storage, as well as payment are regulated by local laws, and uniform norms for the whole of Russia today is not.
How to return the car
So, your car was still evacuated, and it was not possible to resolve the issue on the spot. In this case, you also do not need to panic, but do the following:
1. Make sure that the car has actually been evacuated by calling "02" or "112"
2. Find out exactly where she was evacuated
3. Obtain permission to return at the traffic police department, which issued a protocol for the violation. To do this, in turn, you need documents for the car: driver license, certificate of registration, OSAGO policy, notarized power of attorney, if the car is not taken by the owner
4. Go to the car impound, pay for the evacuation and storage and pick up the car
Here it is necessary not to forget about a very important point: you cannot put signatures on the receipt of the car until you make sure that everything is in order with it. During the evacuation, it may well be damaged, said Dmitry Slavnov.
When only the inspector draws up a protocol, he inspects the car, seals it and draws up an act of transfer to the tow truck operator. It is noted where there were damages, where there are laps, dents, and so on. The tow truck driver takes the car, transports it from point A, where the violation was committed, to point B to the impound lot, where they also make notes that we have no new damage, the car remains the same as it was with one dent. If the car owner found new dents upon receipt, he has the right to demand compensation from the tow truck driver or from the impound lot, depending on where it was received. For example, we saw that a dent had formed on our wing, which was not there. We establish whether it was during transportation on a tow truck, or it turned out when issuing another car at the impound lot. We write a pre-trial claim to the tortfeasor, we do independent expertise, and transfer it to the perpetrator, - said the specialist.
If evacuated not according to the rules
Finally, it is possible that the car was parked correctly, and it was impossible to evacuate it. Then you need to appeal against the decision on wrong parking. If the appeal is successful, you will be refunded the money for the evacuation. You need to submit an application, a copy of the decision to terminate the proceedings on the violation case and a number of other documents. All this must be done within 10 days after receiving a copy of the decision on the imposed fine.
However, this requires strong evidence of innocence. For example, if the car has a registrar who filmed the parking lot and the evacuation itself.
Overall, main reason evacuation of cars - it is parking in the wrong place. So first of all, you have to be very careful. However, as already mentioned, all sorts of situations are possible in life, and this one is far from fatal.
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