Illegal towing of a car, what to do?

What to do if a car is illegally towed to a impound lot

Towing a car and placing it in a specialized penal parking lot is one of the measures to punish drivers for violating traffic rules established by Government Decree No. 1090.

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The reasons, rules for evacuation and return of a vehicle from a impound lot are regulated by Article 27.13 of the Code of Administrative Offenses and regional legislative acts.

What actions need to be taken if a vehicle is detained illegally, read on.

Reasons for transporting cars

First of all, it is necessary to understand the reasons that may result in the evacuation and detention of a vehicle.

In accordance with Part 1 of Article 27.13 of the Code of Administrative Offences, these include:

driving a car without the appropriate package of documents (in this situation we are talking about documents for the vehicle);
using a vehicle with faulty steering, braking or coupling systems. Exceptions to this situation are malfunctions of the parking brake and use of the vehicle outside of a road train;
operating a car in the absence/deprivation of a driver’s license;
illegal parking (in the area covered by a road sign, at a public transport stop or pedestrian crossing, on tram tracks, etc.);
alcohol intoxication of the driver;
taking alcohol or other illegal drugs after a traffic accident before being examined at a medical center;
refusal to undergo testing for intoxication (alcohol or drugs);
violation of the rules for transporting dangerous, large or heavy cargo (exceeding the permissible dimensions, lack of permits, lack of a special license for the driver, and so on);
violation of the rules established by law for international transportation;
use for domestic transportation of vehicles owned by foreigners (citizens or companies).

All of the above offenses are additionally punishable by the imposition of fines or deprivation of the right to drive transport in accordance with Article 12 of the Code of Administrative Offences.

Actions in case of illegal towing of a car

When evacuated, the driver of the vehicle must receive a copy of the protocol on the offense committed.

The protocol indicates:

information about the detained vehicle and its owner;
about the driver of the vehicle, if he is not its owner;
about the violation committed (reason for detention);
about the traffic police inspector who issued the document and the place of work;
about the location of the penalty parking lot, and so on.

The protocol is signed by a law enforcement officer, a witness (if the arrest is made without video recording), and the driver (if he agrees with the violation of the rules, resulting in evacuation).

If the driver does not agree with the decision made and believes that the evacuation of the vehicle and its placement in the impound lot are illegal actions, then the protocol cannot be signed.

The presence of the offender’s signature on the main document is an admission of guilt, and it will be quite difficult to challenge such a protocol in court.

First steps

When evacuating a car, the following rules should be considered:

if the reason for the detention of the vehicle is eliminated by the car owner or driver before sending the tow truck to a specialized parking lot, then the car must be returned directly to the scene of the incident (clause 1.1 of Article 27.13 of the Administrative Code). For example, the driver does not have a registration certificate, which was brought by relatives, friends, and so on before departure;

The reason for the detention (in this case, lack of documents) was eliminated on the spot, and the inspector only has the right to impose a traffic police fine, the amount of which is 500 rubles. It should be noted that in this case there is no need to pay for loading and unloading services.

if, in the driver’s opinion, the evacuation is being carried out illegally, for example, in the absence of signs prohibiting parking, then it is recommended to film the process of detaining and loading the vehicle on a video camera (mobile phone, DVR or any other device). Further, the video recording can be evidence of the driver’s innocence.

Where to look for a car

How can you find a car if the evacuation was carried out without the driver (owner of the vehicle)?

To search for a vehicle, you can use the following telephone numbers:

02 or 112. The operational duty officer of the emergency services, after clarifying the current situation, is obliged to switch the call to the traffic police duty station serving the vehicle evacuation area;
the direct duty department of the traffic police (if these numbers are known);
evacuation services operating in populated areas. For example, in Moscow you can get information about detained vehicles by calling a single reference number +7 (495) 735-35-82. and in St. Petersburg by phone - +7 (812) 680-33-33.

In some large cities there are special websites that also post information about detained vehicles. For example, the Internet resource parking.mos.ru operates successfully in the capital.

In addition to finding out the location of the car on this site, you can also subscribe to a mobile phone, which, in the event of the vehicle being towed, will immediately notify the owner of the incident.

How to prove illegality

If the vehicle, in the opinion of the owner, was towed illegally, for example, for parking in the wrong place, then the owner is recommended to:

pick up the car from the impound lot as soon as possible, having completed all the documents and paid for delivery and storage of the car;
independently or with the help of a qualified lawyer, collect the maximum amount of evidence of the driver’s innocence (testimony of witnesses, recordings from the evacuation site, recordings from video recorders and mobile phones, and so on);
file a complaint with the traffic police (or the city service involved in evacuation), the investigative committee or the prosecutor's office about the unlawful actions of a traffic police officer (the full name and place of work of the inspector must be recorded in the arrest report).

The complaint states:

name of the organization to which the document is submitted;
Full name and residential address of the driver filing the complaint;
a description of the offense that needs to be contested;
details of the decision on the violation;
evidence of innocence.

10 days are allotted to consider the complaint and make a decision (as a rule, such documents are considered within 3 days from the date of their receipt). The decision on the complaint is made in writing and sent to the driver by mail.

After receiving a positive answer, that is, if the inspector’s actions are considered illegal, you can:

collect material compensation, that is, return the money spent on paying the fine, evacuation service services and specialized parking;
recover moral damages.

In addition, a fine in the amount of 25,000 rubles (Article 12.35 of the Administrative Code).

How to find out which impound lot your car is in in Moscow, read here.

What documents can you use to pick up a car?

What documents will be required to return a car that has been towed by law enforcement?

In accordance with the law, in order to return a detained vehicle, an employee of a specialized parking lot must provide:

passport of a citizen of the Russian Federation (the owner of the vehicle, the driver specified in the compulsory motor insurance policy or another person acting on the basis of a written power of attorney from the car owner);
driver license;
OSAGO policy;
vehicle registration certificate;
a copy of the protocol drawn up upon arrest;
permission to receive a car, issued by the traffic police.

In some regions of the Russian Federation, you can get a car from a impound lot only after paying for the services provided by the evacuation service for moving the car and a specialized parking lot.

The need to pay for movement and storage before returning the vehicle is regulated by regional legislation.

What should I do if my insurance, driver's license or vehicle registration certificate was left in the car and towed along with the vehicle?

In this situation, you need to do the following:

with a title or other documents confirming that the car belongs to a certain person, you must drive to the impound lot;
in the presence of a representative of the organization, the car is opened and a report on the seizure of documents is drawn up;
Then the vehicle is resealed, and the owner must obtain permission to return it from law enforcement agencies.

Is it necessary to pay for services in this case?

You can return the money spent on paying traffic police fines for an administrative offense, as well as for paying for tow truck and storage services, only after appealing the protocol of violation in the following situations (Article 24.5 of the Administrative Code):

The driver was found not guilty of violating the rules, that is, there is no corpus delicti.
There is no evidence of violation of traffic rules, for which forced evacuation is provided.
Violation of the rules was absolutely necessary, for example, to save the life of another person.

Money will not be returned if the cancellation of the decision on the offense occurred:

due to the adoption of a new law or amnesty;
upon expiration of the limitation period;
due to the death of the perpetrator.

In order to return the money spent, you must submit an application to the city evacuation service operating in the locality (for example, in Moscow, the State Public Institution “Administrator of the Moscow Parking Space” is responsible for the detention and movement of vehicles).

The application does not have a special form. The document must indicate:

Full name and residential address of the applicant;
make, model and license plate number of the vehicle;
bank account details for refund;
refund amount.

Copies of the following documents must be attached to the application:

passports;
driver's license;
decisions to terminate the case for an administrative offense.

Refunds are processed within 8 – 10 business days. If a written refusal to return funds is received, then you can only get the money through the court.

Traffic police officers often commit illegal actions. Therefore, when such a situation is discovered, it is recommended not to “close your eyes”, but to act in accordance with existing legislation.

How to pick up a car from an impound lot without insurance, see the page.

Find out where to pay for a parking lot in St. Petersburg from this information.

Video: ILLEGAL VEHICLE EVACUATION

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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How to appeal the towing of a car for illegal parking?

Despite the presence of special paid parking lots where you can leave your car for several hours, car owners continue to park on sidewalks, lawns, and in other unauthorized places, interfere with pedestrians, and block the movement of other vehicles.

But often cars are towed illegally. Let's find out how to challenge the towing of a car for illegal parking.

In what cases is it illegal to tow a car?

Reasons for evacuation

Towing is a punishment for unscrupulous drivers for illegal parking, regulated by regulations and laws. Without compelling reasons, the inspector does not have the right to make a decision to move your vehicle to the impound lot.

Most of the towed vehicles are illegally parked cars . But there are other cases. Knowledge of the following standards will help you not to break the law and defend your rights with victory:

Art. 27.13 Code of Administrative Offenses of the Russian Federation;
standard of the Department of Economic Policy of Moscow No. 35-R;
Moscow PP 216-PP;
No. 205-FZ dated June 23, 2016 and others.

The Code of Administrative Offenses regulates the most common situations in which a car can be towed:

driving a vehicle without documents allowing you to drive a vehicle (driver’s license, car registration certificate, power of attorney, if the driver is not the owner of the vehicle);
driving a car with a faulty brake system;
driving a car without a driver's license;
the driver is intoxicated;
the motorist ignores the rules that are regulated by road signs or markings that prohibit parking or stopping;
parking, stopping in the wrong place: a pedestrian crossing (and five meters before it), the territory of the roadway, if the parking obstructs the movement of other cars;
parking 15 meters or closer from the stops for minibuses or taxi ranks;
if you have blocked traffic lights and road signs from other drivers;
ignoring the rules for large and heavy cargo transportation;
violation of the procedure for transporting dangerous goods: lack of special permission, a specific route for transportation, recognition signs to identify the category of baggage, non-compliance with safety rules;
if the driver evades a medical examination if traffic police officers suspect he is intoxicated;
consumption of alcohol, drugs, psychotropic substances after participation in an accident and before an official medical examination.

Other grounds for towing a vehicle are illegal.

If a motorist parks near a “No Stopping” sign, but this does not interfere with the movement of other cars, a fine is imposed.

Car evacuation procedure

Before evacuation, the traffic police inspector must draw up a detention report. Issued in two copies. It is signed by the inspector and the violator.

The protocol must indicate the following data:

date, place, exact time;
basis for forced evacuation, reference to the relevant standard;
Full name, position of traffic police inspector;
information about the car and its driver;
information about the authority that carries out the evacuation and its representative.

If the car was detained in the presence of the car owner, he may demand that information about the presence of personal and other valuables in the vehicle be included in the protocol.

Also ask the inspector to describe any damage or problems in the car. After completing the protocol, the car will be sealed.

The costs of evacuation are borne by the offender. The deadlines are counted from the moment the protocol is drawn up.

Cost of towing a vehicle to an impound lot

The cost in 2019 is:

3,000 rubles category “A”, “B” (up to 80 hp);
5,000, category “B” (80-250 hp);
7,000, category “B” (250 hp);
truck (except for oversized ones) - 27,000.

Daily payment for storing cars in the penalty area:

1 thousand rubles for a truck up to 3.5 tons;
2,000 over 3.5 tons;
500 for a moped or motorcycle;
1,000 for a passenger car.

Payment is charged for a full day of the vehicle being in the impound lot . You will also have to pay a fine for illegal parking. Evacuation does not free you from this.

After signing the act, the car will not be given back to you. You will be required to pay for vehicle transportation.

It is impossible to evacuate a vehicle with people sitting in it. You can avoid evacuation in this way, but you will be charged with disobeying traffic police officers.

If you return to the parking place and do not find your vehicle, call number “02” . Make sure your vehicle has actually been towed.

Contact the traffic police duty station and explain the situation. Call the towing service, whose employees will provide the details and location of the vehicle.

But what if you always park correctly, but your car is taken away? Is it possible to challenge the towing of a car?

We prove our innocence

If you are sure of illegal actions regarding your car, prove your case in the district court. Every car owner has this right.

The application is written in free form . State the circumstances in order, provide contact information with date and signature.

It is necessary to challenge illegal evacuation, otherwise you may waste money and time.

We will find out what to do if the car was towed illegally.

Appeal procedure

After signing the protocol, you must pick up the car from the impound area within 30 days . Do this until the full day is up. You don't have to pay for the first 24 hours.

Write a statement about illegal towing, attach evidence of innocence using photographs from the scene of the incident, record the fact that there are no signs and other markings prohibiting parking.

Eyewitness evidence may be needed. Appealing a fine or towing usually drags on for several months, since the traffic police inspector or the service that tows the cars will not admit the mistake they made.

If the signs prohibiting parking and stopping were installed with violations, due to which drivers cannot see them (the sign is “hidden” in the crown of nearby trees), feel free to appeal the decision.

It's useful to take photos of your parking spot every time you decide to park within the city. You can also use screenshots of panoramas from the required location from the site http://atlas.mos.ru./?lang=ru&z=2&ll=37.616837652505%2C55.748880176022.

This is the official website of the Moscow Government. You can immediately upload a photo from social networks to receive the actual publication with the date and time.

If you returned to the beginning of the evacuation of the car, it must be left in place . In 2015, a law was signed prohibiting the towing of a car in the presence of the driver, and also allowing tow trucks to work only in areas covered by road signs with special plates.

Also, the vehicle is not towed if the reason for the detention is eliminated before the tow truck begins its actions . This opportunity is provided if the vehicle was detained in the presence of a person who has the right to drive it.

At the place where the car was detained, you should be given a report . If you do not agree with the actions of the inspector, state your reasons. For illegal parking they pay a fine of 3 thousand rubles.

You can contact the inspection through the application of the Ministry of Internal Affairs of the Russian Federation, designed for Android or Apple iOS. The duty station staff will immediately respond to your request. They will have to arrive at the evacuation site before the forced evacuation of the vehicle.

If your car is going to be taken to an impound lot, you have the legal right to disagree with the inspectors' decision. And an objective investigation must determine the legality of their actions.

Go to the Moscow Administrative Road Inspectorate or to the impound lot . Demand that the administrative case be denied, explain this by saying that you did not commit any violations, show photographs. Describe this in the protocol, record it on a voice recorder.

It often happens that at this stage justice cannot be achieved. If you can avoid picking up your car from the lot for two weeks, don’t pick it up.

After receiving the decision to impose a fine, begin to act . If you need a vehicle, pay for towing, and after appealing the fine, claim the money back. Send a complaint through the MADI Electronic Reception.

You will learn about the outcome of your appeal within two weeks. The issue is considered within 10 days, 3 days are needed to send the decision. If you do not receive an answer, write a complaint to the prosecutor's office. If you receive a refusal, appeal it in court.

Let's look at how to appeal the evacuation of a car in court.

Appeal through court

First, we collect a package of documents:

notification of sending documents to the traffic police;
receipt of payment of the duty;
evidence of illegal actions of inspectors: photographs, videos, witness statements;
a copy of the certificate of legal entity or individual entrepreneur;
power of attorney to carry out transactions if a representative is involved in the process.

Write a statement of claim, which must include the following information:

name of the authority where you are submitting the application;
Full name of the person to whom it is submitted;
Full name of the applicant;
permanent residence address;
information about the violation, the applicant’s position;
Full name of the inspector;
name of the tow truck company;
list of documents;
date of application;
signature.

It would be a good idea to first consult with a lawyer . State the situation and support your arguments about the illegality of the inspectors’ actions with references to the law.

Also indicate how much you had to pay for towing, storing the car in the impound lot, as well as the amount of the fine (if the administrative penalty was also unlawful).

The application is printed in four copies. If the position is presented taking into account all the necessary aspects and is supported by regulations, the likelihood of your victory will be very high.

The ideal option would be if you take the application to the Judicial District of the Magistrate No. 367. You can also entrust the filing to a lawyer. Pay for services before submitting and attach supporting documents.

The court must notify the date and time of the hearing . At the meeting you will present the original documents. Do not submit them along with copies and the statement of claim - your documents may be lost.

Let's find out how to get your money back for illegally towing a car.

We return the money

A refund is provided only when the decision to impose administrative liability issued to you during evacuation has been appealed and the decision is made in your favor. If the court does not cancel the ruling, you lose the grounds for returning the money.

The Department of Finance, which makes the refund, will have to pay immediately after the judgment enters into force. The Department of Finance will not return the money without a court order, so it will hardly be possible to do without a court.

Most motorists who arrive at impound lots to pick up their car are to blame themselves . But cases of illegal vehicle towing are not uncommon.

If you do not agree with the actions of the traffic police inspectors and can defend your case, do so within three months from the date of drawing up the report on the detention of the car.

You can demand compensation for payments for the unlawful detention of a vehicle, keeping it in a parking lot, compensation for moral and material damage that is associated with a violation of your work process and other aspects.

Litigation will cost you a lot of effort and time, but sometimes it is the only right decision.

Illegal car towing

Tow trucks are a kind of city cleaners. Drivers, when parking a car, do not always think about the comfort of other people, both pedestrians and other motorists. Also, tow trucks can take the car away in case of other detected violations, even in which it is not the driver’s fault. What to do if the car was taken to the impound area illegally, we will consider further in the article.

Procedure for illegal towing of a car

In order to defend his rights and return the car, the driver must follow a certain algorithm of actions at the scene of the accident. The order depends on the situation:

A car is considered towed when it has already been taken away from the parking spot. Transporting vehicles to a tow truck is not considered a completed procedure. If the driver returned to the parking spot, found his car loaded onto a tow truck or in the process, it is necessary to clarify the reason and, if possible, eliminate it. This will save time on returning the car from the impound lot. Illegal vehicle towing can be prevented. If there is a driver or passengers in the car, you should not get out of it at the request of a traffic police representative. Evacuation with people is prohibited. In this case, only a fine will be issued. To protect your interests, you should film the entire process on your phone.

The car was taken away

Having returned and not finding the car in the parking lot, you should call the police and give the details of the car. An answer will be provided in half an hour. If the car is not towed, it is automatically put on the wanted list as stolen. If the car was evacuated to an impound lot, the police officer will tell you by phone the reason and the number of the traffic police department that carried out the evacuation, possibly illegal. Also, similar data is reported to the city evacuation department. But it's better to call the police department. In the event of theft, the necessary actions will be taken more quickly. The protocol on the detention of the car, the certificate on the possibility of its return, the receipt for payment of the fine must be collected at the named traffic police department.

Often the car is towed with the driver's documents in the glove compartment. To return them, you need to go to the impound area, perform an autopsy, confiscate documents, and reseal the car. An appropriate act must be drawn up on the actions taken. One copy is given to the driver. After this, you should go to the traffic police department to get the necessary papers. To pick up a car after evacuation, including an illegal one, you must come to the impound lot with a receipt for payment of the fine. At the scene of an illegal towing incident, the driver needs to devote time to collecting evidence - take photos, videos, take contacts of eyewitnesses and enlist their support for the future.

Where to complain?

You can file a complaint about illegal evacuation to:

the traffic police department that carried out the procedure;
court.

The complaint must be made in writing, according to the rules of a business document. There is no approved procedure for filing a claim. When filing it, you must be guided by the procedure for filing a claim. You can also complain to the traffic police about the illegal towing of a car using the helpline of this service.

If there is no response from the traffic police within 5 days, you can prove the illegality of towing the car through the court. To draw up a complaint and subsequently go to court, it is advisable to seek help from a lawyer who will correctly draw up the documents and provide additional advice. A correctly drafted appeal to the court guarantees that the case will be accepted for consideration.

Required documents

It is safer to file a complaint in writing. The result of the appeal should be the return of the illegally towed vehicle and the paid fine. Therefore, when sending an appeal, you must expect a response within 5 days, after which you should go to court . Filing a complaint to the traffic police must be properly formalized - sent by mail with a list of attachments or registered at the department. If there is no response, go to court to appeal against the illegal towing of the car. Confirmation of an application to the traffic police will be additional evidence of the work of a particular department in court during proceedings regarding the illegal towing of a car.

For this purpose, a corresponding statement of claim is drawn up. It indicates all aspects of the case. The statement of claim, as well as the complaint, must be accompanied by the maximum package of evidence confirming the illegal evacuation of the car - photographs from the scene of the incident, video, it is advisable to obtain testimony from eyewitnesses and passengers in the car.

Procedure for filing a claim:

the “header” of the document is drawn up. It indicates the name of the court, full name of the car owner, details of both parties;
document's name;
describes the situation about the illegal evacuation of a car, indicating the procedure, participants and witnesses with maximum information about them, contact details. The trial is scheduled after studying the case and confirming the participation of everyone mentioned in the application;
record information about the authorized person whose actions resulted in the illegal towing of the vehicle. Information about him must be clarified, recorded at the scene of the incident - full name, place of service, badge number, details of his official vehicle, if possible - residential address, telephone number;
argue for the illegality of towing the car - indicate the articles of the traffic rules, attach photos, videos, indicate the details of witnesses who confirmed participation in the court;
A numbered list of additional documents is attached at the end of the text:
- photo;
- written witness statements;
- plaintiff's passport;
- car ownership documents;
- registration certificate;
- protocol on administrative violation;
- all documents regarding evacuation, which is considered illegal;
- if there was a previous trial in this case - its protocol. Copies are attached to the application. The originals must be provided to the court;
At the end of the application, the signature of the plaintiff or his authorized representative and the date are placed.

Is it possible to get money back if a car is towed illegally?

It is possible to get your money back for illegally towing a car. This is done through the return of the paid fine and money for finding the car in the impound area. The process of car evacuation itself is free. Representatives of the evacuation service do not have the right to demand money for this.

To get a refund, you must fill out a statement of claim and send it to the traffic police or court . A response should come within 5 days. If the result is positive, the money for the illegal towing of the car will be returned to the specified details within 3 days. The claim may be a refund for leaving the car in the parking lot, since the first day is free. It will be necessary to provide compelling arguments about the inability to pay the fine as soon as possible in order for them to be taken into account. In practice, it is almost impossible to return money for a parking lot. However, any unlawful actions of traffic police representatives can be appealed.

What to do if a car is towed illegally?

Illegal car towing has become one of the most annoying problems affecting almost every motorist in a major city. Signs prohibiting stopping or parking are often located in such a way that they are almost impossible to notice, but this fact does not prevent the traffic police and the relevant services from easily and naturally evacuating vehicles en masse to special parking lots.

The result of the driver’s inattention or the negligence of the road services, who skillfully “hid” the sign, is very sad - a fine for parking in the wrong place, a hefty payment for transporting the vehicle and a daily accrued amount for the vehicle being in the impound lot.

Rules and procedure for car evacuation

Evacuation of vehicles in the Administrative Code. offenses, namely in Art. 27.13 is defined as “vehicle impoundment”. Contrary to misconceptions, this is not a punishment for a violation, but a special measure aimed at ensuring unimpeded administrative proceedings.

Part 1 of this article of the Code of Administrative Offenses of the Russian Federation provides a list of violations of traffic rules, when registered by the traffic police officers, the specified measure can be applied.

Articles 12.27 (part 3) and 12.8 (parts 1, 3 and 8). The driver’s use of narcotic, alcohol or other prohibited substances before his medical examination after an accident, as well as driving a vehicle while intoxicated due to the above substances;
Article 12.7 (parts 1 and 2) and article 12.3 part 1. Driving a car by a person who does not have the appropriate license or by a person who was previously deprived of such a right, as well as by a person who does not have documents confirming the right to drive a vehicle.
Article 12.26. Refusal of the vehicle driver to undergo an official examination if traffic police officers have reason to suspect him of being intoxicated;
Article 12.21.2 part 1, as well as 12.21.1 (parts 1-6). Violation of the transportation of high-risk cargo, as well as the rules for the transportation of goods and mechanisms of large dimensions or heavy weight.
Articles 12.19 (parts 3-6) and 12.16 (parts 4-5). Stopping or leaving a parked vehicle in an inappropriate place, including pedestrian crossings, a five-meter area adjacent to it, as well as in places prohibited for stopping and parking on the basis of road signs or markings.
Article 12.5 part 2. If the car is used with a faulty brake system.

This list of violations is exhaustive and is not subject to broad interpretation.

The same article 27.13, but in part two, provides a comprehensive explanation that if the reason that served as the basis for the evacuation has been eliminated, then the evacuation process must be stopped. At the same time, no stages are specified: if the reason for the detention is eliminated, the car cannot be detained, no matter what stage its evacuation is at. The exception is when the tow truck starts moving .

When detaining a car, traffic police officers are required to draw up an appropriate protocol, which must reflect:

Information about the owner of the car and the car itself;
Information about the traffic police officer who completed the protocol;
Information about the organization carrying out vehicle evacuation;
The reason that served as the basis for the evacuation, an indication of the article of the Code of Administrative Offenses of the Russian Federation;
Time of detention and date.

How much does it cost to tow a car?

In addition to the fine for violating the Traffic Rules imposed in accordance with the Code of Administrative Offenses of the Russian Federation, the driver - owner of the vehicle will also have to pay for the procedure for towing the vehicle and for its stay in the impound lot. The procedure for making payment, as well as its amounts, are established by regional regulations, individually for each region. There is no single “tariff scale” in the Russian Federation.

In the capital, the evacuation of a vehicle will cost the driver the following amounts:

With power up to 80 hp. – 3000 rubles.
From 80 to 250 hp – 5000 rubles.
Over 250 hp – 7000 rubles.

The daily cost of parking a vehicle in a special impound lot will range from 500 rubles for passenger cars to almost 3,000 rubles for oversized vehicles.

In the regions, the indicated values can be either lower or higher, depending on local regulations of the regional government.

Common Disorders

Most often, drivers encounter the following violations:

Towing a car when committing an offense not specified in Art. 27.12 Code of Administrative Offenses of the Russian Federation.
Continuing to detain the car when its owner or driver appears who can eliminate the violation;
Drawing up a protocol “retroactively”, with gross violations and without familiarizing the person held accountable with it.
Drawing up a protocol in the absence of the driver and witnesses, whose presence is mandatory in such a case.

If any of these violations are present, the towing of the car (or even prosecution in general) may be considered illegal.

Illegal car towing: what to do

The most important thing is to remain calm and do not show open aggression towards police officers and representatives of the evacuation service.

Remember: Any illegal actions on your part will be punished, regardless of the circumstances that provoked them.

Typical and most common situation: The driver leaves the vehicle in a place where parking and stopping is prohibited, leaves for a short time and upon returning discovers the operation of a tow truck.

By law, in this case, representatives of the organization carrying out the evacuation are required to STOP work, leaving the car alone and provided that the driver is ready to drive it away. However, this does not relieve the driver from administrative responsibility, that is, traffic police officers will in any case be required to draw up a protocol on the involvement.

IMPORTANT: Often the work of the tow truck does not stop, especially when the car is already loaded and secured. Such actions are illegal.

If the towing service refuses to stop working and return the car to you, follow the instructions:

Remember all possible details of the organization: number of the tow truck, name of the organization, data of the police officers who completed the protocol (badge numbers, names, number of the official vehicle);
Provide video recording of the violation. Clearly inform with the camera on that you are ready to remove the car and explain to the traffic police officers and representatives of the organization executing the protocol on the detention of the car that by their actions they are breaking the law. It’s better if the video is filmed by someone you know so that everything that happens is fully captured in the frame.
When continuing to detain the vehicle, remain calm and record all your objections in the protocol of detention and administrative offense when traffic police officers invite you to review it.
If nothing was formalized on the spot, be sure to record it all on video. Ask the inspectors a question about when you will be able to familiarize yourself with the documents - the protocol on the detention of the vehicle and the protocol on bringing you to justice.

The video recording can become the main evidence, since if at the time the owner of the detained car appears, the tow truck has already started moving, then the evacuation will be recognized as legal. That is why immediately turn on the video recording!

How to appeal?

There are two options for appealing the illegal towing of a car:

Appeal the decision to impose administrative liability if you categorically disagree with the violation. The complaint is filed in accordance with the Code of Administrative Offenses of the Russian Federation
Appeal the actions of the traffic police inspector who drew up the report on the detention of the vehicle, if there are no objections to the commission of an offense, but there is disagreement with the evacuation of the car. A complaint against the actions of an inspector is filed in accordance with the CAS RF procedure.

Both complaints are filed with the district court at the place where the offense was committed that resulted in the detention of the vehicle. There is no fee for these complaints.

There is no point in filing both complaints at the same time. First, it is necessary to appeal the decision on the APN, and then, if it is upheld, the illegal evacuation.

Complaint against the decision on the APN

You can appeal the decision in the case of the APN within 10 days from the moment it was delivered to the violator.

A complaint against a decision to bring to administrative liability must contain:

Applicant's name, full name, address;
Name of the official who made the decision, address;
Description of the circumstances of the decision on the violation: time, place, plot of the case, punishment;
The reasons why the applicant considers the decision illegal and unfounded;
Request to the court to dismiss the case; on reducing the amount of punishment;
Signature, date, list of attached documents and evidence.

The complaint is accompanied by a copy of the document being appealed, as well as a video recording (if included) on any medium that ensures its unhindered viewing in court.

If the complaint is satisfied and the case is terminated due to the absence of a violation in your act or in the absence of a violation event, the evacuation is automatically recognized as illegal.

Complaint against the actions of a traffic police inspector in detaining a vehicle

Complaint against the actions of a traffic police officer, namely, the application of administrative measures. proceedings in the form of detention of a car, filed in accordance with Chapter 22 of the CAS of the Russian Federation. A complaint can be filed no later than 3 months from the moment the applicant learned of the violated rights.

The content of the complaint is almost the same as the complaint against the decision on the APN, but with the difference that the applicant in this case will be the administrative plaintiff, and the person whose actions are being challenged will be the administrative defendant. The complaint sets out the arguments why the plaintiff considers the detention of the car illegal. The procedure for considering this category of cases is regulated by the CAS of the Russian Federation.

IMPORTANT: If the evacuation is declared illegal, this does not entail exemption from administrative liability.

How to get money back for illegal towing of a car?

In the event of termination of the administrative proceedings due to the absence of the composition or the event of the alleged violation, all costs of detaining the car, its evacuation and being in a paid impound lot must be repaid from the budget.

If the owner of the car has already paid money to pay for the detention of the car, he needs to contact the organization that actually towed the car with an application for the return of the paid funds.

The application is drawn up in any form and a supporting document is attached to it, giving the right to return:

Resolution to terminate proceedings on APN;
Court decision to terminate proceedings regarding the APN;
A court decision declaring the actions of a police officer to detain a vehicle illegal.

If a refund is refused, you can file a lawsuit to recover illegally obtained funds.

If any problematic situations arise, it is better to contact a lawyer for help in advance. This will significantly increase your chances of success and save time.

Illegal towing of a car, what to do?

Motorists often face the problem of towing vehicles. Some take their car from a special parking lot, pay a fine and admit their guilt, while other citizens have to defend their rights and refute information about the legal evacuation of the car.

We will tell you when they can legally and illegally take a car to the parking lot, where and to whom to pay the fine, and what to do in case of illegal towing.

The content of the article:

Reasons for the legal evacuation of a car, according to the Code of Administrative Offenses of the Russian Federation - in what cases is a car towed legally?

Let's consider on what legal grounds and under what circumstances a car can be towed.

Reason for detention

Article

If the driver does not have with him the documents required by the traffic rules.

When a driver illegally uses a vehicle registered in another state.

Art. 11.26 Code of Administrative Offenses of the Russian Federation

If a motorist carries out international transportation without the appropriate permits and documentation.

Art. 11.29 Code of Administrative Offenses of the Russian Federation

When an identification mark “Disabled” was illegally installed on a vehicle.

If the driver does not have a license.

If the driver is under the influence of alcohol.

If the motorist refuses to undergo a medical examination.

If the motorist did not comply with the requirements prescribed by road signs or road markings that prohibit stopping or parking of vehicles.

Art. 12.16 Code of Administrative Offenses of the Russian Federation

When a driver violates the rules of stopping or parking a vehicle in places designated for stopping or parking vehicles of disabled people.

Part 2 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation

When the driver leaves the car at a pedestrian crossing and closer than 5 meters in front of it, or on the sidewalk.

Part 3 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation

If the driver parks at minibus stops or passenger taxi stops, or closer than 15 meters from minibus stops.

Part 3.1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation

When the driver parked on the tram tracks.

Part 3.2 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation

When a motorist leaves his car on the roadway or in a tunnel.

Part 4 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation

Other cases may also be legal.

Remember, if you eliminate the violation, the evacuation will be canceled (Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

Violations during car towing, in which the tow truck takes the car illegally

Motorists are also faced with illegal towing of vehicles.

We list the circumstances under which evacuation can be considered illegal:

If the driver has not committed a single violation under Article 27.13 of the Code of Administrative Offenses of the Russian Federation.
If the evacuation of the vehicle continues even after the driver appears.
If the inspector refuses to provide the citizen with documentation confirming the authority and rights to take actions to evacuate the car. If there are no documents, then tow truck operators act illegally and steal vehicles.
If the inspector does not explain to the motorist why his car is being towed.
If the documentation, the protocol were drawn up “retroactively” or there are errors in them.
If the documents were drawn up without witnesses. The presence of third parties is mandatory.
If the car was not sealed, but simply loaded onto a tow truck and taken away in an unknown direction.

It’s better to figure it out on the spot before the tow truck takes the car away. Under the above circumstances, evacuation should not occur.

How much does it cost to tow a car in Russia, when and who needs to pay?

The cost of towing a car in Russia in 2018 consists of several parts.

The citizen will have to pay:

Depending on the violation committed, the fine is assessed in different amounts. It can range from 500 to 5000 rubles.

In Moscow and St. Petersburg, the fine for illegal parking is 3,000 rubles. The receipt for the fine is issued separately.

2. Amount for idle car in a special parking lot

Almost everywhere, an amount is charged for each hour the car is stored in the parking lot.

The motorist will have to pay approximately 30-40 rubles. in 1 hour.

The amount of daily vehicle idle time at the impound lot

Region name

Cost for categories A and B (less than 80 hp)

Cost for category B

Cost for categories D

Moscow

Saint Petersburg

Novosibirsk

Chelyabinsk

Ekaterinburg

Samara

Voronezh

Kazan

3. Amount for vehicle evacuation

Depending on the region, prices may vary.

Approximately 1500-3000 rubles. you will have to pay for tow truck services in the regions.
In Moscow and St. Petersburg the amount is approximately 4,000 rubles.

Tariffs are set by regional legislation, individually in each region of the Russian Federation. There is no single “tariff scale” in Russia.

The payment procedure and features of the procedure are as follows:

When contacting the traffic police department, the driver will be given a receipt to pay the fine and other services. He can pick up a car from a special parking lot without paying for it.
There is a period of 60 days during which the motorist can pay the fines.
You can pay the receipt at any bank branch, as well as through the traffic police terminal or the terminal installed at the impound lot.
After payment, you should save the receipt.
Receipts for payment for additional services - tow truck or parking - may be different.

Here are some examples:

If you believe that the evacuation was illegal, then you can apply to the judicial authorities with a corresponding claim.

Then you won’t have to pay the receipt and other expenses.

What to do in case of illegal towing of a car to an impound lot - instructions for further actions

A citizen whose car is being towed must follow these recommendations:

Contact a traffic police inspector. It is he who must control the evacuation. Tell him that you are the owner of the vehicle.
Provide the inspector with documents confirming your rights to the car. Also, show your driver's license.
Ask why the car is being towed.
Ask to show the inspector his documents. He shouldn't refuse you.
If you have the opportunity to eliminate the violations, then you must inform the traffic police officer about this. He will pause the evacuation of the car.
If the evacuation has not been cancelled, then write down or photograph all the important points. For example, the number of the tow truck, the details of the service employees who prepared the documents, the number of the company car.
You can attract witnesses who will be on your side and confirm the illegal actions of the police or car towing service.
You can make a video recording where the fact of violation by officials will be recorded.
Ask the inspectors to give you the documentation that was drawn up when the car was towed. This must necessarily be a protocol on the detention of the vehicle, a protocol on bringing the citizen to justice. If they do not provide you with documents, then towing the car is illegal. It is better to record all actions on a video camera or mobile phone camera.
Make sure the machine is sealed. If the employees do not seal it, then this violation will signal to you that the actions of the tow truck operators are illegal.

IMPORTANT: Immediately after the vehicle has been evacuated, you must contact the road inspectorate in your region with a written statement that the evacuation of your vehicle was carried out illegally or with violations. It is necessary to indicate which actions by the traffic police officer were unlawful, and also attach evidence to the application.

What not to do when towing a car:

Give in to panic and scream at the traffic police officers.
Treat others negatively and use swear words.
Sitting in a car when an inspector asks you to get out of the car. This will be considered a violation on your part.
Do not provide documentation. You must provide all documents for the car to the employee carrying out the evacuation of the vehicle.
Damage the property of the evacuation service. If you damage your car, you will be responsible for the malfunction yourself.

Any negative actions by officials will be considered a violation of the law.

It is better not to protest, but to find witnesses and, in front of them, negotiate with the inspector to eliminate the violations.

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