Evacuation of vehicles: law, grounds, order of evacuation

Most motorists have come across not the most pleasant of the procedures - forced towing (evacuation) of the vehicle with sending to the parking lot. Most often, the rules of this action are not completely understandable, as well as their legitimacy from the point of view of the law. Therefore, very often the questions are: on what grounds is it possible to evacuate vehicles, is it necessary to pay for it and how much specifically? And what do you do to the driver, who suddenly found out the absence of his own car?

In this article, we will try to answer the main questions about this procedure.

What does the law on the evacuation of vehicles say?

The main normative act, on the basis of which the city authorities develop their own documents on the subject, is the Code of Administrative Offenses. Next, we are talking about the number 195-FZ, passed in December 2001, referring to it. If you take our capital as an example, specifically for it there are other normative documents - Law No. 42 of 11.07.2012 (sets the procedure for loading a car into the tow truck and transporting it to the parking lot, as well as the rules for returning it and refunding it Financial expenses). Then - Order No. 35-R of the Department of Economic Policy (September 2013), it lists the amount of payment for such actions. And also - Decree No. 216-PP (April 2013) of the Government of Moscow.

The regions have their own regulatory documents containing all information about the evacuation of vehicles. Their provisions more or less coincide, and the main one, the Administrative Code of the Russian Federation, should be oriented.

Situations when cars can be evacuated

Here is a list of those cases in which the law is allowed to detain a vehicle and be forcibly taken to a parking lot according to article 27.13 of the Administrative Code:

1. A case of absence when driving an auto driving license.

2. Use of the vehicle with brakes in a faulty condition.

3. If the car is driven by a driver who has no rights or does not have them at all.

4. Established the presence of the driver in a state of intoxication (alcoholic, narcotic).

5. Ignoring the owner of the car markings or road signs, indicating the prohibition of parking or stopping.

6. If the car is parked on the carriageway and interferes with the movement of other vehicles. The same applies to parking cases at a distance of less than 5 meters from a pedestrian crossing.

7. If the rules for the transport of heavy or bulky goods are not observed.

8. If dangerous goods are transported in violation.

9. In case of suspicion of alcohol intoxication and the driver's refusal to undergo medical examination (if required by a traffic police officer).

10. When, after committing an accident, the driver used alcohol or drugs before the time of such an examination.

The list of vehicle evacuation grounds can be considered exhaustive. That is, other violations do not lead to forced removal and in this case are not considered.

General Rules of Procedure

Their regulations are defined fairly clearly and do not imply any deviations. The plan for the evacuation of vehicles is as follows.

The duty of a traffic police officer detained by a motor vehicle is to compile a corresponding protocol in duplicate, a driver and a policeman must sign it. If the owner refuses the official of the law in the signature, a mark is made that fixes the fact of this refusal. Obligatory conditions for drawing up a protocol are the presence of witnesses or the fixation of the procedure by video recording.

The content of the protocol should include the following data:

1. Place and date with the exact time of its compilation.

2. Clearly specified basis for the evacuation of vehicles with reference to the article of the Code of Administrative Offenses of the Russian Federation.

3. Full indication of the title, position, surname with the initials of the employee of the State Traffic Safety Inspectorate who compiles and signs the protocol.

4. All necessary information about the car and the driver.

5. Data on the authority whose employee is the policeman who detained the car.

6. If the detention occurs with the driver, it is mandatory to compile an inventory of personal and valuable items found in the car at the time of writing the report. It should also describe all the existing faults and damage to the machine at the moment.

What else to remember

In addition to the rules for filling the protocol to the driver in this situation, you should know that:

1. It is necessary to seal all the places through which access to the car is accessible.

2. Rules for the evacuation of vehicles, their storage and the size of the fee may vary on the territory of certain subjects of the federation, since they are empowered to establish them independently. Therefore, local laws should be studied especially carefully. This applies not only to the home city, but also to the territories for which long-distance trips are planned.

3. The period of detention starts from the moment when the protocol was drawn up.

How much does the evacuation cost?

Such services are evaluated (evacuation and subsequent storage of cars in the parking lot) in different ways in each region. Territorial authorities decide this. In Moscow, the tariffs for the evacuation of vehicles list the order number 35-R referred to above. For example, here are a few figures from this document:

1. If the cars belong to category A or B and the engine power does not exceed 80 liters. With., You have to pay the amount of 3000 rubles.

2. A vehicle of category B, having a capacity in the range of 80-250 liters. With., "Will pull" on the penalty at a rate of 5000 rbl. This does not apply to trucks.

3. The same category of cars with a engine more powerful than 250 liters. from. (Again excluding freight) guarantee you 7000 rubles. Fine.

4. Machines category D, which, as is known, include trucks (except for oversized) will ruin their owner in the amount of 27 000 rubles.

And storage?

The parking fee for a car park for evacuated vehicles is calculated on a daily basis and is equal to five hundred rubles for car category A, for B or D categories (up to 3.5 tons of permitted weight) - one thousand rubles, with a weight of more than three and a half tons (and also At category C or E) - two thousand. Day storage of oversized transport will cost the owner of 3000 rubles.

By law, when calculating the payment, the day is taken into account in full. In addition, it should be remembered that the payment for evacuator services and storage of cars in the parking lot does not cancel the simultaneous penalty for violation of the traffic police.

How does this happen

As a rule, the situation looks like this: if you park a car in a place that is considered to be not installed, the driver goes on his own business. At this time "on stage" is a police squad whose employees are documented by the fact of violation of traffic rules. They also call the corresponding service. The evacuation of the "abandoned" vehicle occurs quickly, and, having returned, the driver can not understand where the car is and where to call.

If the owner happened to appear before the evacuation of his car (even if the car was already loaded onto the platform, but the movement toward the parking lot has not yet begun), the law gives the right to withdraw and return the vehicle. Then the inspector draws up a protocol of violation of traffic rules with a penalty. Having paid it on the spot, the driver regains the right to return to driving his own car.

How else can I avoid being sent to a parking lot?

There are the following options:

1. You call the tow truck yourself and send it along with the immersed car to your own garage. In this case, you only have to pay for the services of the vehicle evacuation agreement.

2. If the owner-driver is not allowed to drive by the inspector, try to find someone who wants to help you and transport the car on your own (for example, in tow).

3. Some of the malfunctions or malfunctions can be attempted to be eliminated directly on site.

How to be, when the tow truck with the car immersed on it set in motion? Stop his driver no longer has. That is, it is necessary to take the car from the parking lot, and only after obtaining the appropriate permission of the inspector, who was arrested by the vehicle.

When to go after the car

The most important thing in this situation is to get the official information about the address of your iron friend's dispatch. The easiest option - when the necessary data can be obtained immediately on the spot from the Inspector of the State Traffic Safety Inspectorate. He also draws up a permit concerning the return of the car. In this case, at least you do not have to wait long to find out who the car was detained and sent to the parking lot and which of the traffic police departments you go to solve the issue.

Return of the car

If permission is in hand, you can go behind the car. For registration of the return of the car from the driver it is required to have a number of certain documents with you, namely:

1. The Protocol on Detention, in which a note on the authorization to return is indicated.

2. A package of all necessary documents for the car.

3. Driving license.

4. Personal document (passport).

Pay for the services for the evacuation of vehicles and for storage can be directly at a specialized parking lot. Having finished with the formalities, you can pick up the car. When taking a car, make sure that all things are in place, and the car itself does not have any signs of damage, possible with incorrect or inaccurate transportation procedures.

New order of evacuation of vehicles

Since June 2015 in the territory of our country, the new rules concerning the procedure for car evacuation have started. The provisions contained therein somewhat improve the situation with the rights of ordinary drivers. What changes does this document contain?

1. Having summoned the evacuator and having issued all the necessary documents, the traffic police inspector must not leave the scene until the platform, together with the immersed car, starts moving. Returned to this minute, the driver is entitled to immediate unloading of the tow truck, after which the car can not be removed. The case will be limited to the discharge of a fine with the duty of immediate payment. Its size is 1500 rubles. Ubiquitous and 3000 rubles. - in cities of federal significance.

2. Violation of the above requirement by the inspector entails the withholding from him of an administrative fine in the amount of 20,000 rubles, which is stipulated in Article 12.35 of the Code of Administrative Offenses.

3. Since August 2015, an additional clarification is introduced - evacuation can only be carried out when the road sign is accompanied by a sign "The tow truck is working". If such information is not available, the export act is considered illegal. This innovation, in addition, is accompanied by a rule obliging traffic police to warn about the installation of such plates for 20 days by publishing preliminary information. In addition, all information of this kind must be contained on the official websites of the bodies that control the traffic situation.

4. The evacuation procedure is declared illegal even when the violation consists in the driver's lack of a certificate. Obligations of the inspector now - check on the basis of the presence of such and punishment of a forgetful car owner with a fine of 500 rubles. If the rights are absent in principle or the driver is deprived of them in court, the use of the evacuator is legal and justified.

5. The new rules also contain a point not directly related to evacuation. We are talking about individual drivers illegally decorating their own car with a badge "Disabled." A similar violation is punishable by a fine of the same size - 500 rubles. If you see parking in a special place for the disabled, the penalty increases tenfold - up to 5000 rubles.

Advice to the driver

If you at some point go to the parking lot and do not find your own car there, the possibility of banal theft is not ruled out. In this situation, you should first call 02.

Remember that most cases of evacuation by police officers are associated with improper or illegal parking in the area of the sign that prohibits it.

The procedure for the evacuation of vehicles allows you to pick up the car directly from the tow truck only until the signature in the protocol of detention, as well as in the act of taking the car. If these documents are already sealed by the driver's autograph, the visit to the parking lot can not be avoided. Therefore, it is best to show maximum attention with your own actions.

Non-standard situations

Cars with people in the cabin are not evacuated. In the event of the refusal of passengers to leave the car, the police inspector may issue an additional protocol, indicating the reason for the violation of disobedience to the traffic police.

Sometimes there are situations from the category of controversial. The car can unexpectedly come into trouble, and the driver leaves it in an inappropriate place (in the area of the prohibitory sign). On the glass of the car they are attached a note that the car is defective, indicating the time interval through which the car can be exported. If the traffic police still issue a shipment to the parking lot, it is possible to go to court. Then, by presenting the documents proving the real malfunction of the machine, you will not only win the case, but also get compensation for the damage caused.