Should a car be sealed during evacuation?
Rules for evacuation, delivery and payment of a car to the impound lot
Towing a vehicle to a parking lot is a financially costly situation: the car owner will have to pay both a fine for an administrative violation and the costs of transporting and storing the car.
Let's find out what the rules are for towing cars to a parking lot in 2019.
Regulatory acts
The following laws and regulations govern evacuation:
- Art. 27.12 Code of Administrative Offenses;
- order of the Moscow Department of Economic Policy No. 35-R;
- Moscow PP No. 216;
- No. 42, No. 205-FZ.
Why can they be evacuated?
The rules for towing a car for illegal parking and other cases are recorded in Article 27.13 of the Code of Administrative Offenses of the Russian Federation:
- driving a car without a vehicle registration certificate or a driver’s license;
- faulty car systems: brake system, steering, clutch and others;
- the driver is intoxicated;
- the motorist violated the rules of parking or stopping;
- violated the rules for transporting large-sized dangerous goods;
- refused to be tested for alcohol intoxication;
- drank alcohol after the accident, but before the arrival of the traffic police.
You cannot park:
- in places for disabled people;
- at a pedestrian crossing (and closer than meters from it);
- closer than 15 meters from the bus stop;
- on tram tracks;
- further than the row from the edge of the roadway;
- in the tunnel;
- in places where you obstruct the movement of other vehicles.
Evacuation procedure
The detention of the car will stop if a person appears at the place of detention who is able to drive this car without violating the Traffic Rules.
Also, evacuation does not occur if the reason for the detention of the vehicle was eliminated before the vehicle began moving, which is intended to move the detained car to the impound lot.
The decision to detain a car or to stop it is made by an official who is authorized to draw up protocols on such administrative offenses.
It can be:
- traffic police inspector;
- inspector of the Moscow Administrative Road Inspectorate.
The decision to detain vehicles of the Armed Forces of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, engineering and technical, road construction military formations under federal executive authorities, rescue military formations is made by an official of the military automobile inspection.
The inspector identifies a car that was left in violation of traffic rules, makes a decision to detain it, and calls a tow truck with employees of the organization “Administrator of the Moscow Parking Space.” Begins drawing up a protocol.
Next, the inspector remains at the place of detention and waits until the vehicle that is moving the offending vehicle to the impound lot starts moving.
Rules for drawing up a protocol
The arrest report contains the following information:
- date of;
- time;
- place;
- grounds for vehicle detention;
- position, full name of the inspector who compiled the protocol;
- information about the car and its owner;
- position, full name of the person executing the decision to detain the vehicle.
The protocol is signed by the person who compiled it and the person against whom a case of administrative offense was opened. If the driver refuses to detain his vehicle or does not sign the protocol, a corresponding entry is made in the document.
A copy of the protocol is given to the driver and the person executing the decision to detain the vehicle. If the driver of the detained car is absent, the document is drawn up in the presence of two witnesses, and a video recording can also be made.
The costs of moving a detained car and storing it are reimbursed by the driver who committed an administrative offense due to which the car was towed. At the same time, he must also pay a fine for illegal parking.
The inspector must also make an inventory of personal and valuable substances in the car, problems and damage. All access points to the car are sealed.
The cost of transporting and storing a car in a parking lot is regulated differently by different regions of the Russian Federation, and therefore differs from the cost in other regions. Study the regulations of the region in which you are located.
The period of detention is calculated from the moment the protocol is drawn up.
The tow truck started moving
It will be much better if you have time to return to the moment of evacuation.
In 2015, a law was passed prohibiting evacuation in the presence of the car owner. Then you will be able to eliminate the reason for the detention, but you will have to pay a fine for violating traffic rules.
Things are worse if the tow truck has already loaded the car and started moving. Then the car will have to be picked up from the special parking lot according to all the rules. Ask the inspector how to pick up your car. He is obliged to advise you.
If the tow truck has loaded the car and has already started moving, it is strictly prohibited:
- try to impede the movement of the tow truck;
- break the seals on a detained car and try to get inside.
Administrative penalties imposed on a car owner who violates these rules:
- 1000 rubles for obstructing the movement of a tow truck;
- 1000 rubles for disobedience to the legal requirement of the inspector;
- administrative arrest for 15 days.
If you are confused and forgot to find out the information necessary to return the car, let’s figure it out. Let's find out what the rules are for releasing a car from the impound lot.
We pick up the car
First, you need to contact the organization that was involved in the detention of your car. This is the traffic police or MADI.
Take the following documents with you:
- driver's license;
- vehicle registration certificate;
- OSAGO insurance policy.
If the documents are left in the evacuated car, you should go to the impound lot, write an application for access to the car and the car dealership, pick up the documents, go to the traffic police or MADI duty station, receive a report on the detention of the car with a mark that allows you to get the vehicle back.
If you are a representative of the car owner, you need to take the following documents:
- confirming the right to own a car;
- identification document;
- power of attorney for the right to receive a detained vehicle from the impound lot;
- permission to return the car.
Penalty parking is open 24 hours a day. When you provide all the documents at the impound lot, you will receive a receipt for payment and you can pick up the car. Make sure that there is no new damage to the car and that all valuables are in place in the cabin.
Video: Car evacuation, impound lot. How to pick up a car from an impound lot
How to pay for evacuation?
At the special parking lot you will receive a receipt for payment for the evacuation and storage of the detained vehicle.
The rules for paying for a towed vehicle allow you to pay for the detention of a vehicle:
- with a 25% discount before receiving the car (there are terminals in the special parking lot);
- within 60 days at any bank you pay the full cost of transportation and storage services.
The cost of evacuation is:
- categories A, B (up to 80 hp) - 3,000 rubles;
- B (80-250 hp), cargo vehicles are excluded - 5,000;
- B (more than 250 hp) - 7,000;
- D (freight, oversized are excluded) - 27,000;
- oversized - 29,000.
Cost of storage in a parking lot per day:
- A - 500 rubles;
- B, D (weight no more than 3.5 tons) - 1,000;
- D (more than 3.5 tons), C, E - 2,000;
- oversized - 2,000.
Payment is charged for a full day. There is no need to pay for the first day of storage.
Information about impound lots, costs, and new rules may change. Monitor the latest information on the official website of the Moscow parking http://parking.mos.ru/.
At the link http://parking.mos.ru/about/182/ you will find addresses where permits are issued to return the car after evacuation.
A useful reminder for drivers on parking and moving a car to an impound lot can be found at the link: http://parking.mos.ru/upload/New%20Folder/pamyatka_sp_st.pdf. The addresses of Moscow penalty parking lots are also located there.
If the car is damaged while moving
The organization “Administrator of the Moscow Parking Space” must bear full responsibility for the safety of the transported vehicle from the moment the movement begins until the minute it is returned.
Damage caused to the vehicle is compensated by this institution.
Other rules
Since 2015, rules regarding the following actions have been in force:
- During evacuation, the traffic police/MADI inspector is required to remain in place until the tow truck starts moving with the loaded car. If before this moment the driver returns to the parking lot, the car must be unloaded, and the car owner will only get off with a fine.
- Evacuation is possible only where there is a special sign indicating that a tow truck is operating in this area. Information about the work of tow trucks can also be found on the website of the authorities that control this section of the road.
- It is illegal to evacuate if the driver does not have his license with him. The inspector must check their presence in his database and impose a fine. But if the driver does not have a license at all (they were confiscated by a court decision), the car is taken to a impound lot.
- It also provides for a fine for having a sign on a car that says “disabled” (even though the driver is not one) and an additional administrative penalty for parking in a space for disabled people.
Recommendations
If you go away for a while and return and don’t find your car, don’t panic:
- Eliminate the possibility of theft by calling number 02 (112 for mobile phones) . You can also call 3210 (or +7 495 539-54-54).
- Connect an SMS notification about evacuation by sending an SMS with the license plate number of your car to number 7737 (EV_P_Plate number).
- You can avoid evacuation and pick up the car from a tow truck if you have not yet signed the car acceptance certificate. If the document has already been signed, you will have to go through the entire procedure to return the vehicle from the impound lot.
- It is prohibited to evacuate a car if there are people inside . But if you lock yourself in the car and refuse to get out, an additional protocol will be issued for disobedience to traffic police officers.
- If you left your car under a prohibitory sign and the car is faulty, leave a corresponding note and the time when you can remove the car, as well as contact information.
- Install a special anti-tow app on your mobile phone . It monitors the car and warns about an attempt to evacuate it with a call or SMS message. You will need two phones. Leave one in the cabin, take the other with you. Such applications monitor vehicle vibrations.
If there were no violations in your actions, but the car was towed illegally, go to court. Collect proof of your innocence: before leaving the parking spot, take photographs confirming that it is legal to park there.
If you have the necessary evidence of the legality of your actions or the malfunction of the car, write a statement of claim.
If the court rules in your favor, the funds paid for the evacuation and storage of the car in the impound lot will be returned to you.
You can also demand compensation payments for moral damage caused to the car owner. This is a long and rather painful process for the nervous system, but sometimes the victory is worth such experiences.
Do not violate the traffic rules, do not obstruct the movement of other vehicles, and you will not be afraid of evacuation. If the car was towed illegally, now you know how to deal with it.
What to do when towing a car
Why are cars taken away?
The main purpose of evacuation is to ensure free movement of other cars on the road. All grounds are listed in paragraph 1 of Art. 27.13 Code of Administrative Offences. These include, but are not limited to:
- There are no vehicle registration documents (STS);
- Driving a vehicle with a faulty clutch, brake or steering. A person is driving without a driver's license, drunk, or someone whose license has been revoked;
- The rules for transporting large and dangerous cargo were violated;
- The driver refused a medical examination;
- The driver drank alcohol after an accident in which he was involved.
The procedure, conditions and cost of storing detained vehicles must be reflected in the laws of the constituent entities of the Federation. Typically, evacuation begins with a report on the detention of the vehicle, which indicates the exact time of detention. Upon arrival at the special parking lot, its employees and the tow truck driver draw up a transfer and acceptance certificate for the car, which also indicates the time of transfer of the car.
Accordingly, the beginning of the time period for storing a car in a specialized parking lot is determined based on the entry made in the acceptance certificate. Starting from this time, add 24 hours, and you get the first day.
However, most often people are towed for illegal parking:
at a pedestrian crossing or at a distance of up to 5 m in front of it, in a place for the disabled or in a tunnel;
on the sidewalk, tram tracks or public transport stops;
when interfering with other cars, the second row;
when there are signs prohibiting parking or stopping the car.
If parking rules are not followed, evacuation is possible only if there is a “Tow Truck Operating” sign, and if it is not there, then the detention of the vehicle (VV) is illegal.
How cars are taken away
If a traffic police inspector or a MADI employee discovers that you have violated traffic rules on grounds for which evacuation is provided, then they call a tow truck and draw up reports on the administrative offense and the detention of the vehicle. The protocols indicate:
date, time, place and reasons for evacuation;
position and full name of the inspector;
information about the vehicle and its owner;
the condition of the car before it was placed on a tow truck;
the name of the organization that will transport the car to the impound lot.
If the driver was not present during the evacuation, then the arrest report is drawn up using video recording or in the presence of two witnesses who sign the report with a traffic police/MADI officer.
Afterwards, the inspector will conclude a transfer and acceptance certificate with a representative of the organization that will take the car to the impound lot, seal the places in the car that can be opened: trunk, hood, doors, gas tank hatch, and inform the duty department about the detention of the vehicle.
We are talking about the theft of personal belongings by an unidentified person. Therefore, it is necessary to immediately call the police after discovering the loss, who will inspect the scene of the incident, establish and secure traces of the crime committed. After this, the investigative authorities will open a criminal case and begin an investigation, following which the attacker will be identified. Then you will have the legal right to compensation for material and moral damage caused by the crime.
How to prevent evacuation
If you managed to arrive before the tow truck with your car started moving, you can stop the evacuation (Clause 1.1 of Article 27.13 of the Administrative Code). You must present documents confirming your right to drive the car and eliminate the reasons for evacuation, for example, move to a permitted parking space. In this case, you do not need to pay for the detention of the car, only a fine for violating traffic rules.
In addition, the vehicle will not be towed if there are people or animals in it. But you shouldn’t deliberately stay in the car when you are detained - then you will have to pay a fine not only for violating traffic rules, but also for disobeying a traffic police officer (Article 19.3 of the Administrative Code).
If the official who detained your car refuses to return it, he will receive a fine of 20,000 rubles. (Article 12.35 of the Administrative Code).
Where to go after evacuation
If the car was towed without your presence, you need to find out which traffic police unit detained it and which impound lot it was sent to. To do this, call the police dispatch center at 02 or 112.
Residents of Moscow can find out about the movement of cars on the website mos.ru (in the “Moscow Parking” section there is information on how to get to the impound lot by public transport) or subscribe to free SMS information about evacuation on the “Autocode” portal. There, the car owner will receive a message about the impound lot where his car was placed, and the traffic police department or MADI that issued the evacuation, with a phone number. An express check of the vehicle’s location after evacuation is also available on the Moscow Transport website. To do this, you must enter the license plate number of the car.
Then you need to come to the traffic police or MADI department, provide a passport and a document confirming the ownership of the car (to the owner), a driver’s license, STS and a compulsory motor liability insurance policy.
If the documents are left in the car, you need to go to the impound lot. There, the seals will be removed from the car, and after you collect the necessary papers, it will be sealed again and will await your arrival with permission to return the car from the traffic police.
After checking the documents, a traffic police or MADI officer will issue a copy of the protocol on the administrative offense or a copy of the protocol on the detention of the vehicle. The official will also put a mark on it that the reasons for the detention have been eliminated and issue a fine, which must be paid within 60 days. If you were present during the evacuation, a traffic police or MADI inspector will hand you all the necessary documents in person and also tell you which parking lot the car went to.
The incident should be regarded as an accident, and therefore act accordingly. Photos and videos will help identify the culprit and all the circumstances.
The liability of organizations that tow vehicles must be insured. If the driver did not violate job instructions, insurance will cover the losses incurred. If the damage was caused by the driver, you will have to go to court with a claim for compensation for the damage caused. The defendant in this case will be the organization that carried out the evacuation. The same should be done if insurance has not been taken out.
How to pick up a car from an impound lot
Present a copy of the report on the administrative offense or the detention of the vehicle, a driver's license and a receipt for payment of the cost of moving and storing the car in the impound lot. After this, inspect the car for external damage. If there are any, then indicate this in the transfer acceptance certificate and call the police to record them. Subsequently, you have the right to file a claim in court demanding compensation for damage caused as a result of transporting the car and its storage in the impound lot.
If everything is in order with the car, pick it up by signing the acceptance certificate.
In Russia there are no legal requirements for the conditions for evacuation of cars. However, given that the wheels were blocked, when dragging the car onto the platform, various suspension units, the gearbox could be damaged, and the tire life could be used up unevenly. To establish the damage to the car and the cause-and-effect relationship between it and evacuation with locked wheels, it is necessary to conduct an automotive technical examination. You can already go to court to compensate for the damage caused.
How much does evacuation cost?
The cost of evacuation and storage of a car is established by regional legislation and depends on the category of the car, as well as the time spent in the impound lot:
in Moscow - 5200 rubles. for evacuation and 1000 rubles. per day for storing a category “B” car (Moscow Government Decree No. 216-PP dated 04/09/2013, order of the Moscow Department of Transport and Road Infrastructure Development dated 12/26/2018);
in St. Petersburg - 2928.23 rubles. for evacuation, 52.22 rubles. per hour for storing a car of category “B” (law of St. Petersburg dated June 20, 2012, order of the Tariff Committee of St. Petersburg dated October 22, 2018);
in Kazan - 407.55 rubles. for evacuation, 55.6 rubles. per hour for storing a car of category “B” (law of the Republic of Tatarstan dated 05/17/2012, resolution of the State Tariff Committee No. 7-8/t dated 09/07/2018);
in Nizhny Novgorod - 1970 rubles. evacuation, 13 rub. per hour for storing a car of category “B” (Law of the Nizhny Novgorod Region No. 101-3 dated January 31, 2012, decision of the Regional Tariff Service of the Nizhny Novgorod Region dated March 14, 2017);
in Yekaterinburg - 1649 rubles. for evacuation, 33 rubles. per hour for storing a category “B” car (Law of the Sverdlovsk Region No. 57-OZ dated June 20, 2012, resolution of the Regional Energy Commission of the Sverdlovsk Region dated January 31, 2018).
The driver has the right to first pick up the car from the impound lot, and within 30 days from the date of placement, pay for towing services in Moscow, Kazan, Nizhny Novgorod and Yekaterinburg.
In Moscow, payment for storage in an impound lot is made only for a full day. If you come to pick up the car on the same day, there will be no charge. Anyone who picks up a car and pays for parking at the same time receives a 25% discount.
In Nizhny Novgorod, an hourly payment for storage is established, but the first day the car is in the impound lot for free. In all cities, the impound lot is open 24 hours a day; you can pay for evacuation either in cash or by bank transfer.
Violation of traffic rules threatens not only a fine, but also the towing of the car and subsequent storage in an impound lot. To pick up a car, you need to spend time visiting the traffic police department to fill out documents and pay fines.
*Questions found on car forums.
New evacuation rules: you must give your car back
On June 19, 2015, the long-awaited Federal Law of June 8, 2015 No. 143-FZ “On Amendments to the Code of the Russian Federation on Administrative Offenses and Article 21 of the Federal Law “On Road Safety” came into force, which significantly changes the rules of operation of tow truck services and clarifies procedure for moving illegally parked vehicles to the impound lot.
Misty past
Until now, there have been many blank spots on the issue of paid car evacuation. A number of nuances that were not reflected in the law inevitably led to conflicts between car owners and tow truck drivers.
What exactly is considered the moment of car evacuation? When are reports on the detention of a vehicle actually drawn up? How to understand that a car is really interfering with full movement? The discussion has not subsided since the introduction of the paid evacuation procedure. The bill concerning this sensitive topic underwent many changes before it was finally able to provide answers to many controversial issues and become Federal Law No. 143-FZ of 06/08/2015.
The main controversial issue concerns the moment when the evacuation began. Or more precisely, when does that second come after which it is no longer possible to get your car back right at the scene of the violation? The gap in the law on this issue only added fuel to the already blazing flames. Everyone solved the problem in their own way. Some entered into heated debates with the road inspection and even personally with the tow truck driver, and the most courageous locked themselves in the interior of their cars. The well-known YouTube hero Konstantin Altukhov, nicknamed “Parkman,” for example, sat in his pickup truck for almost a day. In general, something had to be done about this.
Two golden rules
With the adoption of the new law, there should be fewer reasons for conflicts, since now it is clearly stated: the beginning of the evacuation procedure must be understood as the start of the movement of the tow truck.
As long as the forklift remains stationary, the driver has the opportunity to pay the fine and then independently drive the vehicle away from the illegal parking spot. Moreover, if the tow truck driver refuses to return the car, he will be forced to pay a fine of 20,000 rubles. Why? But because, in connection with changes made to Article 12.35 of the Code of Administrative Offenses of the Russian Federation (CAO RF), tow truck drivers are included among the officials who bear administrative responsibility for illegal violation of the rights to drive and operate a vehicle.
The picture looks fair. But how will all this be implemented in practice? Is there a hypothetical possibility of first quickly loading the car onto a tow truck while the driver is not yet there, driving a few meters, recording the process on video, and only then drawing up a report? The tow truck has started moving, the process has begun, and therefore it is no longer possible to pick up the car. But, thank God, the legislator foresaw such a situation.
Thus, the tow truck driver must have a copy of the report on the detention of the vehicle; without it, he cannot go to the impound lot.
That is, de facto, it will not be possible to quickly load the machine and only then draw up a protocol. The registration procedure will take time, which may be enough for the driver to run to the place, pick up the car and avoid the hassle of a parking lot.
The officials (in this case, the traffic police inspector or, for example, MADI in the capital) who drew up the report on the detention of the vehicle must be present at the place of detention before the tow truck starts moving and, of course, give the report not only to the offender, but also, in fact, the person who executes the decision to detain the car, that is, the tow truck driver.
Thanks to this innovation, there is an objective opportunity at any second, until the tow truck moves, to ask an authorized person to rewrite the protocol, make a note in it and return the car. This measure will avoid scenarios in which the inspector could leave the evacuation site, and the arriving car owner would no longer be able to influence the situation, since the tow truck driver does not have the right to rewrite this document and make notes on it himself.
So, once again: the evacuation process begins at the moment the tow truck leaves the scene of the violation, and at this very second the driver must have in his hands a protocol on the violation completed and signed by the traffic police inspector.
If you arrive and your car is being loaded onto a tow truck, the driver is obliged to interrupt the loading and return your property to you. If he refuses to comply with this requirement, if possible, record the loading process on video. If a traffic police inspector is nearby, he is obliged to introduce himself and tell you the badge number (paragraph 1 of article 20 of the Order of the Ministry of Internal Affairs of March 2, 2009 No. 185). You can then submit all this data when filing a claim in court (we have already written about how to do this correctly).
Special cases
Forgotten rights
In this case, the inspector no longer has the right to detain the car and evacuate it: in the new edition of the Code of Administrative Offenses (CAO RF), a fine of 500 rubles is provided for this.
It is enough for an employee of the State Traffic Inspectorate to reliably establish the driver’s identity in order to then promptly find out, using departmental information databases, whether or not the car owner has the right to drive a car and, in particular, the fact of deprivation of this right based on a court decision. Previously, the car could be taken to the impound lot for good reason, although it was enough to simply check on the radio whether citizen Ivan Ivanovich Ivanov actually had a license or not. Once again we will say “thank you” to the State Duma for bringing the legislation into line with modern realities.
The car is registered abroad
With regard to vehicles temporarily imported into the Russian Federation, the law is more categorical and severe. If the driver of such a vehicle does not have the documents required by the customs legislation of the Customs Union (with marks from customs authorities confirming temporary import), the law introduces not only a fine of 500 rubles, but also the detention of such a vehicle.
This is another measure to combat foreigners (most often migrants from the Caucasus and Central Asia), who previously successfully bought cars in Lithuania by proxy and imported them into Russia without any duties. Now, apparently, all these cars will be used for spare parts or they will try to turn them into “designers” by changing the body numbers.
The car is parked in a handicapped space
The punishment for this violation has been increased. From now on, you will not only have to pay a fine of 5,000 rubles, but also go to the impound lot, because evacuation, which was not previously used for this violation, has now been introduced.
Among other things, it will no longer be possible to take advantage of the benefits of disabled people by hanging the appropriate “Disabled Person” badge on the car. For the illegal installation of a “Disabled Person” identification mark on a vehicle, as well as for illegal driving of it, an impressive fine of 5,000 rubles was established with confiscation of the sign.
The procedure for towing a car to an impound lot
If the driver of a vehicle commits an offense, as well as in certain other cases, the vehicle may be taken to an impound lot. At the same time, the procedure for evacuation of a car is clearly established by legislative norms. In cases where this order is violated, the driver can demand compensation or appeal the protocol drawn up against him for violating traffic rules in court, and also refuse to legally pay for the services of a tow truck.
Legal grounds for towing a car
A complete list of grounds, in the presence of which the detention of a car and its evacuation is allowed, is listed in the provisions of Art. 27.13 Code of Administrative Offenses of the Russian Federation. In this case, the inspector ensuring and recording the detention of the vehicle is obliged to give such a reason to the owner of the vehicle or indicate it in the vehicle detention protocol. In particular, these grounds include:
- The driver does not have a license to drive a vehicle, or is deprived of it;
- Faulty vehicle brakes;
- The driver is intoxicated or refuses to undergo examination;
- Stopping or parking in prohibited places if in such places there is a warning about the operation of special equipment to evacuate cars;
- When parking in the second row, at intersections, pedestrian crossings, public transport stops;
- Violation of regulations for the transportation of dangerous or large cargo;
- Use of narcotic, psychoactive drugs, alcohol after the accident and before undergoing a medical examination.
Under no circumstances may a vehicle be towed if the following conditions are met simultaneously:
- When the tow truck has not yet started moving;
- If there is a person on site who is capable of driving a particular vehicle;
- In situations where the reason for the detention of the car has been or can be eliminated.
The lack of a driver's license cannot be grounds for towing a vehicle, since at the moment any inspector can check the presence of such a license in the database. For the absence of a driver's license due to its loss or abandonment somewhere, only a fine of 500 rubles is provided. However, if the driver did not have a driver’s license at all, or was deprived of it by a court decision, then in this case the seizure of the car is legal.
Procedure for evacuating a car
A traffic police inspector accompanying the evacuation of a car has no right to violate the established regulations. Violating it may result in the payment of an administrative fine by a traffic police officer, as well as the possible demand by the driver of the evacuated car of various compensations. The complete procedure for a police officer to remove any vehicle for legal reasons is as follows:
- The traffic police inspector draws up a protocol regarding the driver’s violation of traffic rules and the detention of the vehicle. This protocol is signed by the inspector himself and the driver, if he is present on site. In the absence of the driver or his refusal, the protocol is signed by two witnesses, or the inspector makes a mandatory video recording of the entire procedure.
- The protocol contains the following information:
- Place, date and time of compilation;
- Justifications for the evacuation of the vehicle and the article of the Code of Administrative Offenses of the Russian Federation, in accordance with which the vehicle is detained;
- Full details of the traffic police inspector who draws up the protocol, namely position, rank, surname and initials, as well as information about the body whose employee is carrying out the arrest.
- Information about the car and its owner.
- An inventory of the property that is inside the car and visible through the windows in the absence of the driver, or of all the property in his presence.
- Inventory of external damage and malfunctions of the vehicle at the time of detention.
- The traffic police seals all access points to the car - trunk, hood, door handles.
- The period of detention of a car begins from the moment the protocol is drawn up.
The cost of evacuation is set separately in different regions of the Russian Federation and at the municipal level, and is not the same. At the same time, there are separate tariffs for various dimensions of detained vehicles, storage periods and other aspects of their characteristics.
How to avoid car evacuation
If your car is in danger of being detained, there are several ways to avoid towing. In particular, as mentioned above, if the tow truck does not start moving, the driver has the right to pick up his own car.
However, if the report is issued because the driver was intoxicated, or because he did not have a driver’s license, or because the car was faulty, then he may not have the right to pick up the car. In such a situation, you can take the following actions:
- Ensure that a tow truck arrives independently and delivers the car to your territory;
- Transferring a car with the help of another driver;
- Troubleshoot your car yourself.
After detaining the car, the inspector must issue a permit to return the car to its owner, however, it is possible to issue such a permit only upon confirmation of ownership of the vehicle. In order to pick up a car from an impound lot, it is not necessary to pay the fine and the services of the parking lot itself with a tow truck - they can be paid in the future, or challenged in court.
To pick up a car you will need the following package of documents:
- Protocol on the detention of a car;
- A note indicating permission to return the vehicle in the protocol;
- Documents confirming ownership of the car;
- Driver's license;
- Passport.
All about evacuation to the impound lot in questions and answers
Evacuation to a parking lot is not a punishment, but a preventive measure. This is the first thing every driver needs to know. It is never applied separately, but only together with punishment under a certain article of the Code of Administrative Offenses or another security measure or administrative procedure. But it is correct to call it a special parking lot and not a impound lot, because it may not be associated with fines. We will look at all the subtleties of this in 2019 below in the article!
What traffic violations can lead to evacuation?
This is a fairly large number of violations of the Rules. But the impound itself is not an independent operation - it is applied only in conjunction with punishment or procedures.
Therefore, a separate article was written in the Administrative Code - 27.13, which provides a list of violations under which a car can be towed to a special parking lot. It contains all the rules relating not only to cars, but also to ships and other types of equipment. But evacuation is also required in 2 more cases provided for by the Administrative Regulations. Let's list all the reasons!
- For violation of the rules for transporting goods and passengers by foreign cars (Article 11.26 of the Code of Administrative Offences), the car is to be evacuated to an impound lot. The ban is established by Federal Law No. 127.
- For driving without a registration certificate (CTC) – Part 1 of Art. 12.3 of the Administrative Code, along with a fine of 500 rubles.
- For driving with non-working brakes, steering or coupling device in combination with a trailer - Part 2 of Art. 12.5 of the Administrative Code, along with a fine of 500 rubles.
- For driving without the right to drive, with an expired license or without the required category on the driver’s license - Part 1 of Art. 12.7 of the Administrative Code, along with a fine of 5-15,000 rubles.
- For driving someone deprived of rights – Part 2 of Art. 12.7 of the Administrative Code, along with a fine of 30,000 rubles or arrest for up to 15 days.
- For driving while drunk, both for the first time and after being deprived of your license - Parts 1 and 3 of Art. 12.8 of the Administrative Code, along with a fine of 30,000 rubles and imprisonment for 1.5-2 years or arrest for 10-15 days. In a separate article, we examined the intricacies of evacuation to an impound lot before the fact of intoxication is established.
- For stopping under a sign prohibiting stopping or parking, but only if these signs are installed together with a sign “A tow truck is operating” - Part 4-5 of Art. 12.16 of the Administrative Code, along with a fine of 1,500 to 3,000 rubles.
- For stopping at a place for disabled people (regardless of the presence of a sign “A tow truck is working”) - Part 2 of Art. 12.19 Code of Administrative Offenses, along with a fine of 5,000 rubles.
- For stopping on the sidewalk or closer than 5 meters to a pedestrian crossing - Part 3 and 6 of Art. 12.19 Code of Administrative Offenses, along with a fine of 1,000 rubles (3,000 rubles for Moscow and St. Petersburg).
- For stopping with the creation of obstacles (second row, in a tunnel and other violations) - Parts 4 and 6 of Article 12.19 of the Administrative Code, along with a fine of 2,000 rubles (3,000 for Moscow and St. Petersburg).
- For exceeding the dimensions or weight of large or heavy vehicles (trucks) - Part 1-6 of Art. 12.21.1 Code of Administrative Offences. In this case, instead of a parking lot, they can put blockers on the wheels.
- Violations of the rules for the transportation of dangerous goods - Part 1 of Art. 12.21.2. Here, instead of a parking lot, they can install wheel blockers.
- Refusal of a medical examination by a driver, including a driver who has been deprived of his license – Art. 12.26 of the Administrative Code, along with imprisonment for 1.5-2 years and a fine of 30,000 rubles.
- Violation of the ban on consuming alcohol or drugs during an accident before the arrival of the traffic police or immediately after being stopped by a traffic police inspector - Part 3 of Art. 12.27 of the Administrative Code, along with imprisonment for 1.5-2 years and a fine of 30,000 rubles.
- For using a car primarily as an advertising medium, including with re-equipment - Part 2 of Art. 14.38 Code of Administrative Offenses, along with a fine of 3-5,000 rubles.
- Also, evacuation to the impound lot is required if the car is wanted, including if you bought the car, 10 days issued for registration with the traffic police have passed, and the previous owner stopped registering - clause 244 of the Ministry of Internal Affairs regulations.
All of the listed violations relate to the administrative detention of the vehicle. There is also detention as part of a criminal case - this can also be called evacuation, but the car is essentially confiscated for a time also to a special parking lot as part of a criminal investigation (if, for example, the car is suspected by the investigation to have become a means of committing a crime).
For what violations is impound parking prohibited?
But there are a number of traffic violations for which, contrary to the popular belief of car owners, they do not have the right to be towed to a special parking lot in 2019. Why don't they? Because, as we mentioned above, a parking lot is an administrative procedure, and its grounds are clearly stated in Article 27.13 of the Administrative Code, and only when the above articles are applied, evacuation is legal.
Here are violations of the Rules for which evacuation to a special parking lot is illegal:
- tinting,
- design changes (various kinds of lowered cars, installation of gas equipment, kenguryatniks, etc.),
- for driving without a driver's license (if you forgot it at home, lost it, etc.),
- for oncoming traffic or driving against traffic on a one-way road.