Abandoned vehicles are found here and there in big cities. The local police are supposed to find such cars and send them to scrap, but very often the police do not have enough time for this. Management companies and owners of private territories often need to make efforts to clear their yard of auto junk on their own. After all, cars that have been parked in the open air for years not only interfere with landscaping, but can also provoke dangerous situations: fire, injuries to children who use old unnecessary vehicles as a toy. The evacuation of old abandoned cars must be timely and carried out based on regulations.
How to evacuate: step-by-step plan
Evacuation of cars abandoned by owners is carried out as follows:
- You must submit a statement to the administration that there is an ownerless car in the yard. Indicate the exact location, color and model. You can attach a photo to make the search easier for government representatives.
- The administration forms a commission of employees of the Internal Affairs Directorate, State Traffic Safety Inspectorate or OATI. They inspect the car, find out what condition it is in, whether no one really needs it or is it waiting for repairs.
- The owner of the vehicle will receive a notice that the property must be removed from the property within 2 weeks.
- If the owner of the car was not found or did not respond to the request, the car will be removed from the yard in any case, but now forcibly.
Why do stray cars appear in yards?
The obvious reason for the appearance of junk cars is that the owner no longer needs the vehicle: it has a serious and expensive breakdown to repair, or spare parts have long been discontinued.
It is expensive to hand over such a car to a metal collection point, since the prices for tow truck services can be equal to the cost of scrap metal. Therefore, the owner removes the license plates from the car and rolls it into the neighboring yard. He is not interested in the further fate of this car.
Another option is when the car is used as a warehouse or the owner is away (on a long-term business trip or serving a prison sentence). If such an owner discovers that it is missing, he will definitely write a report of theft.
When it turns out that the administration towed the car, he will sue it and demand compensation. For this reason, administration representatives rarely deal with the issue of evacuating abandoned cars on their own initiative.
By what criteria is a car identified?
The main and important condition is the parking place. If a car is parked on public property, it may be considered abandoned. All vehicles located on private territory are a “headache” only for their owners. A rare exception is situations when general improvement requirements are imposed on private land.
Signs in the presence of which a vehicle may be considered ownerless:
- the owner has not been found or he has completely renounced his rights to the car;
- the vehicle has traces of a major accident and cannot be restored;
- the car is completely disassembled: there are no windows, removable body parts, wheels, etc.;
- There are no license plates on the vehicle.
The last point is a priority. If the car has state registration marks, then its condition and the need for repairs fade into the background. The license plate means that the car has an owner and it is impossible to take it to a landfill without his permission. Such actions will be regarded as seizure of property, which can only be carried out by a court decision.
If there are no license plates, but the owner of the vehicle is known (including to third parties), then the evacuation of such a vehicle without his permission may entail punishment under Art. 166 of the Criminal Code of the Russian Federation – “Theft”.
Parking period for an abandoned vehicle
The parking period for an ownerless car is not regulated. Abandonment is determined not by time, but by appearance, grooming, and the presence of a license plate. If a vehicle looks decent, it cannot be considered junk.
Still, there is a period that gives the right to take certain measures, including evacuating an abandoned car from the parking lot and recycling it. It can be several months or even years if the owner abandoned the car for an indefinite period or has not driven it for a long time. If the vehicle has significant damage such as broken glass, headlights, crumpled, rusty body, then these are good reasons to recognize it as ownerless.
Addresses of abandoned car parking lots - how to find them?
Since 2015, new rules have been in effect in Moscow for vehicle disposal. If previously a rusty car damaged in an accident could be disposed of only after agreement with the owner, today the disposal process takes 120 days. Addresses for parking of abandoned vehicles in Moscow can be found on special resources. There is also a geographical map of abandoned cars with marked addresses.
Sale of abandoned cars in Russia
The sale of abandoned vehicles in the Russian Federation is carried out at special auctions. As a rule, these are rare cars that have their value among connoisseurs and collectors. They sell quite well. If a machine becomes of no use to anyone, it is sent to the workshop for subsequent disposal. Parts that are not damaged and have some value are removed.
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What regulations governs
If you want to know how to evacuate an abandoned car, you should study Government Decree No. 569-PP of September 23, 2014 “On the procedure for identifying, moving, temporary storage and disposal of abandoned, including dismantled, vehicles in the city of Moscow.” The Resolution deals with how to correctly identify and remove vehicles that have been standing in the same place for years, where they can be temporarily stored, and what methods to dispose of them.
According to the law, both individuals and legal entities can address these issues to the governing bodies.
General information
First of all, you need to understand that an ownerless car must be recognized as such, since neither utility services, nor traffic police officers, nor even local residents themselves can simply pick it up from its parking lot.
But at the same time, certain services are responsible for clearing the streets of such vehicles, and you need to contact them if there is a car somewhere that is not in use, has an improper appearance and it is better to remove it than to leave it in place.
At the same time, it will not be possible to contact the traffic police to evacuate an ownerless car, since they can make such a decision only as a result of an accident or violation of rules by drivers, and the issue of disposal and organization of arrangement is clearly not within their competence.
Therefore, it is necessary to clearly address the issue of evacuation to local authorities, who are obliged to determine whether the car is really not in use, and, having confirmed this information, take measures to remove the specific car.
Initial data
First of all, you need to understand that leaving a car in a residential area for a long time in order to ensure its storage there is simply not possible.
After all, this not only spoils the appearance of the territory, but also disturbs the surrounding people, since it is impossible to park a car in an occupied space, utility services may have problems entering the yard, and the so-called auto junk also pollutes the environment.
But at the same time, only a car that meets certain criteria can be exported, and it is in this case that a decision is made to dispose of the pile of scrap metal.
Parking period for an abandoned vehicle
The ownerlessness of a car is not determined by the length of time it is parked.
After all, if it has a good appearance, has license plates and has an owner, then such a vehicle simply cannot be considered junk.
But there is still a period that indirectly affects the recognition of the car as ownerless and, in total, gives the right to apply certain measures that may be related to the removal of transport and its disposal.
It can be as long as several months or years, and only if no one has really seen the owner of the car for a long time, the car itself has not been driven for a long time, or it has significant damage, then this can be grounds for recognizing the property as ownerless.
What regulations governs
Since the procedure for identifying cars as ownerless and their subsequent disposal is the prerogative of local authorities, they are also responsible for regulating this process.
Thus, in Moscow this is determined by Resolution No. 569 of 2014 “On the Procedure for identifying, moving, temporary storage and disposal of abandoned, including dismantled, vehicles in the city of Moscow.”
This regulation establishes the definition of an abandoned car and also states what the authorities must do to remove it.
At the same time, law 131-FZ “On the general principles of organizing local self-government of the Russian Federation” stipulates the evacuation of abandoned cars.
Thus, the activities of the local government are completely placed in their hands according to this law, and the authorities have the right to develop their own measures, which do not contradict the law.
Signs that a car is neglected
Evacuation of abandoned cars takes place if the vehicle is truly ownerless. The car must be located on public territory - in a courtyard next to high-rise buildings, near an apartment building, on the roadway. If we are talking about a car that is parked on private property, then this concerns strictly its owner, and he himself decides how to dispose of his property.
How to evacuate an abandoned car? First you need to recognize it as trash. Such a car has the following characteristics:
- the owner abandoned the car, or they cannot find it;
- the vehicle is damaged beyond repair;
- the car is missing large parts - doors, wheels, tires, glass, etc.;
- no state numbers.
The last point is the most important. If license plates are present, the appearance of the vehicle may fade into the background, because in this case the car is considered the property of a certain person. And only he has the right to dispose of her, move her to another place and decide her fate. If in this case someone decides to independently move the car to another place or take it away from the yard, such actions will be illegal, this is theft of property, as stated in Article 35 of the Constitution of the Russian Federation. The owner will be right if he goes to court with a claim, as a result of which a criminal case will be opened in accordance with 166 of the Criminal Code of the Russian Federation.
There is an owner
If the car has an owner, then the evacuation of the abandoned vehicle must occur with his consent. He himself decides what to do next: give the movable property for repairs, put it in the garage, sell it for spare parts, or dispose of it.
Concerned neighbors who know the owner can talk to them and politely ask them to decide the fate of the car themselves. If he doesn’t care what happens to the car, then he may lose his rights to it. This is stated in the Civil Code of the Russian Federation. After the owner has lost his license, the forced evacuation of an abandoned car from the yard will not be considered an unjustified action. The main thing is to coordinate any decisions with local authorities and obtain their consent.
No owner
In the absence of the owner, the evacuation of ownerless cars is carried out to a special parking lot using a tow truck. Transport can be stored there for up to three months. All this time, local authorities are looking for the owner in order to negotiate with him and decide what to do next with his property.
If during this time no one has responded or claimed their rights to the object, the administration writes a statement and submits it to the court. The statement states that the found car can be considered ownerless. After which the court decides whether it would be advisable to dispose of it. If so, then the iron parts will be run through a press, after which they will be used to make spare parts or other full-fledged products.
Where to go
Where to call to evacuate abandoned cars in Moscow? You can contact your local administration for help. Also to the district prefecture or engineering service. Specialists will either take immediate action or advise what actions need to be taken so that the export procedure takes place in accordance with existing rules.
Procedure for detecting an ownerless car
Detecting signs of an abandoned car requires citizens to take certain actions. You shouldn't wait until your car turns into a garbage dump. The first step in this situation is to determine the identity of the owner .
To do this, compose a message in any form, sticking it in a visible place - on the car itself, as well as nearby entrances. This notice asks you to remove the machine if it is not expected to be actively used.
Further actions depend on whether it is possible to identify the owner of the car - using the car's license plates or the testimony of the residents. An important factor is the degree of abandonment and wear and tear of the car, as well as violation of local parking rules.
When identifying the owner
If the owner of the car is found, the problem of an ownerless car is usually solved immediately. However, in case of refusal to remove or dispose of the car, residents can contact:
- the management company responsible for the relevant territory;
- traffic police authorities or the nearest police station;
- court.
In each case, evidence of the vehicle's abandonment . These include:
- a photo of an abandoned car, it is recommended to take it immediately with a posted notification about searching for the owner;
- testimony from residents;
- recordings of conversations with the owner of the car.
The statement also draws attention to local parking rules, if any have been violated. All this provides sufficient grounds to evacuate the car if its owner does not take any action.
For greater efficiency, it is recommended to file a collective complaint.
In the absence of the owner
If it is impossible to identify the owner of the car, contact the police. The absence of license plates on a vehicle may indicate it has been stolen, so the first thing to do is check the car for such aspects.
If the car is not listed as stolen and is simply abandoned, contact the local administration . The procedure in this situation is as follows:
- residents draw up a collective appeal in which they briefly describe the problem and provide links to local legal norms;
- One citizen can file a complaint, but a collective complaint has more prospects;
- The application must be accompanied by a photo of the abandoned car and other documents indicating that the police have been contacted and the owner has been found;
- within 30 days from the date of acceptance of the application, the administration considers the application - for this purpose, they appoint a commission that goes to the site and assesses the situation;
- after 30 days, a decision is made to dispose of the abandoned vehicle;
- if no action is taken within the specified period, they write a second application addressed to the head of the local administration.
In case of refusal to evacuate an abandoned car, residents can file a complaint with the prosecutor's office. The previously submitted application and the refusal received are attached to such a document. However, there must be substantial grounds for such treatment, for example, turning the car into a junkyard.
Drawing up an application
An application for the evacuation of an abandoned car is drawn up in free form. To reflect the situation in the document, it is recommended to indicate:
- name of the institution to which the application is submitted, name of the official;
- statement of the reason for the appeal;
- location of the abandoned car - addresses of the nearest houses, other landmarks;
- signs confirming the abandoned condition of the car;
- testimony of residents, if available;
- if the owner is known, but refuses to remove the car, indicate the relevant information about the owner of the vehicle and provide evidence of repeated requests;
- the reasons for the inadmissibility of further parking of the car are also stated - it interferes with the cleaning of the territory, spoils the aesthetic appearance and landscaping, creates a fire or terrorist threat, creates a threat to children;
- statement of a request to take measures to evacuate or dispose of an abandoned vehicle;
- provide a list of attachments to the application, the date of its preparation and the signatures of the applicants.
To make your appeal more effective, it is recommended to file a collective complaint. In this case, the document includes the contact details of one of the applicants, who can be contacted for further interaction.
It is recommended to prepare applications in two copies, with a note on one copy indicating acceptance of the copy for consideration. This action will allow you to apply to other authorities in the future.
The appendices to the application must include a photo of the car taken from several angles. This is done so that the commission, upon arrival at the site, can immediately identify the appropriate vehicle.
Example of an application for the evacuation of an abandoned car WORD 23.50 KB
How to remove this vehicle
The evacuation of abandoned cars should not be solely a decision of neighbors or office owners. First you need to contact your local government and ask what to do in this situation. All steps must be followed before removal of an abandoned vehicle from a parking lot is possible.
The authorities will inspect the vehicle and determine its technical condition. They will also do everything possible to find the owner. If the latter does not appear in the near future, the decision on the evacuation of abandoned cars in Moscow is made by the court.
From the yard
If an old rusty car sits outside the windows for a long time, a natural question arises for residents: how to evacuate an abandoned car from the yard. The lack of numbers on it and poor technical condition gives every right to contact the authorities for a quick solution to the problem.
At the same time, local government employees often identify such trash in their yards themselves, and then register it. Typically they monitor the presence of scrap in the following areas:
- adjoining areas;
- arches, passages between houses;
- courtyard areas;
- places where city communications were carried out;
- garbage areas and so on.
Evacuation of an abandoned car from a yard follows the same rules as from a parking lot, private territory or public place. Evacuated vehicles are sent either to a special parking lot or directly to production, where the metal is processed.
From a disabled seat
There are few cases when a driver left a vehicle in a place intended for disabled people and went unpunished. Usually the traffic police monitors this and issues fines to those owners who do not have permission to leave their car in such a place.
This usually happens by accident or absent-mindedness and is eliminated very quickly. But it is much more difficult if disabled people leave their vehicles in suitable parking lots and forget about them forever. As a result, the object becomes unusable due to exposure to precipitation, vandalism and other negative phenomena. To remove vehicles, you need to do exactly the same as described in previous cases.
From private territory
What to do if you find an abandoned car on your property? After all, you can leave your car on someone else’s territory only with the consent of the owner. If a person does this silently, most likely he thinks that the existing rules will not affect him, and he maliciously violates them.
The owner of a vehicle may make the wrong parking location by parking in the wrong place. Even in this case, you have every right to collect a penalty from him. In another case, you can resolve the issue peacefully by asking the person to remove the vehicle and not leave it there anymore. If he goes into conflict, remember - the law is on your side.
How to evacuate an abandoned car from private property? If the owner of the abandoned car never shows up, the vehicle may remain on the property for several months, or even years. To remove it, clearing private property of clutter, you need to follow all the same procedures as when leaving a car in the yard, in a public parking lot or a place for the disabled.
What to do if there is an abandoned car with license plates in the yard?
If there is a car with license plates in the yard, you must contact the city administration. Sometimes such services independently organize raids to search for abandoned cars in yards.
You should write a complaint to the district prefecture or GUIS. It must be supported by evidence. Based on this, a commission will be assembled, which will begin to inspect the car, draw up a protocol, and then issue a warning. It will be attached to the vehicle if the owner is not present or will be sent to the owner's residence address. Along with the protocol there will be an evacuation notice. The prefecture must begin working on your complaint in no more than 30 days. If the commission decides to evacuate the vehicle, then the evacuation will occur 5-10 days after the decision is made.
How to evacuate an abandoned car?
The classification of abandoned cars is as follows:
- The owner of the abandoned vehicle is known;
- The owner of the abandoned vehicle is unknown.
Therefore, the procedure for getting rid of car junk should vary. In the first option, to evacuate an abandoned car you need to do the following:
- Residents should contact the owner with a request to evacuate.
- Convince him to submit an application to the traffic police and complete the necessary documents to send the vehicle for disposal.
- You can do this yourself. However, for this you need to obtain consent from the owner in the presence of a police officer.
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Second option: a resident can contact the prefecture of the administrative district, local administration or other government body that is authorized to resolve such evacuation issues. To do this, you must follow the following procedure:
- Write an application to the governing body mentioned above. It is advisable to additionally provide links to regulations (if any).
- The government body is obliged to form an additional commission that will evaluate the abandoned car and also draw up a protocol. It is attached to the windshield of the car.
Who to call if there is an abandoned car in the yard?
If a car has been parked by someone in the yard for a long time, people can contact the ZhREO or ZhES.
As the bill states, vehicle owners who leave them in the yard receive a notice that in a month they must move the vehicle to a special parking lot. The car remains in the impound lot for up to 90 days, and then is liquidated. The owner of this vehicle will have to pay the costs of evacuation and storage in the impound lot.
If the car does not have license plates, it is impossible to determine the VIN number and find the owner, housing and communal services employees are forced to file a lawsuit to declare this vehicle ownerless. If the court makes a positive decision, the vehicle will be scrapped. If you find abandoned cars in the forest, then you need to act according to the instructions above. The main thing is to contact the management office that owns the specified forest.
Scheme of the prefecture's actions on the application of residents
First you need to submit an application, after which technical inspections carry out a series of actions. In three days, they are required to form a commission for a technical inspection of the object, find its location and conduct an inspection. They will also be sure to draw up an inspection report and take the required number of photos. After this, a search will be conducted for the owner - if he is found and takes action himself, this will greatly simplify the further procedure. If he does not want to do anything, the car is sent for three months of storage in a special parking lot.
As soon as the 3 months have expired, the local government submits all completed inspection reports of the property to the court. After this, the judicial authorities must confirm the ownerlessness of the vehicle and make the right decision regarding its disposal. After 15 days, you can begin to implement the court order. Local authorities enforce all instructions regarding the vehicle.