Is it legal to evacuate under the influence of a parking prohibited sign, is a tow truck working, if the driver was present when the car was pulled onto the tow truck?


There are many areas in cities and towns that are covered by the Tow Truck sign. It is installed together with prohibiting road signs and explanatory signs in places where it is forbidden to stop and park a car. Indicates that an evacuation service is operating in this area. If you leave a car on a road where it is prohibited to stop or park, it will be forcibly taken to the traffic police impound lot, and the driver will have to pay a fine and pay for the time the car was stored in the parking area.

What signs indicate “Tow Truck Operating”?

Since the sign provides additional information, it is always posted and works with the corresponding prohibitory signs: “Parking/stopping is prohibited,” as well as similar signs with clarifying information, for example, “Parking on even days is prohibited.” The location is strictly below.

Effect of the "Tow Truck" sign
“Parking/stopping is prohibited”

An additional “Tow Truck Operating” sign can be installed with “No Parking” or “No Parking” traffic signs with an up, down, horizontal, up and down arrow indicating the number of meters of area between them. Typically, such signs are installed near historical buildings, on congested sections of roads, and at forks. In case of violations in the area with the arrow, vehicles are towed to the impound lot.

Effect of the "Tow Truck" sign

Car evacuation procedure

The evacuation of a vehicle takes place according to the following algorithm:

  1. A traffic police officer arrives at the scene of the event and draws up an arrest report. The paper is drawn up in two copies indicating information about the inspector and the owner of the vehicle. If there are witnesses, their details are also entered. If the violator’s signature is missing, this fact must be recorded in the documents.
  2. The car seizure report contains the following information: the place from which the vehicle was evacuated, the time and date of evacuation of the car. Information about the traffic police officer who issued the document is also indicated. The protocol reflects information about the vehicle and the owner, as well as the organization that seized the car.

If a car is detained while the owner is near it, information about the presence of valuables in the cabin is included in the evacuation report. In addition, the owner describes the malfunctions and breakdowns of the car that occurred at the time of the arrest.

  1. Sealing access to the car interior (all doors and trunk).

Transportation of vehicles to the impound area, storage and payment is carried out taking into account the requirements of the legislation of the Russian Federation. From the moment the report is filled out and signed, the countdown of the time for the detention of the vehicle begins.

By law, to evacuate a car, it is required to have an appropriate sign indicating that a tow truck is operating. According to traffic rules, in case of violation of parking rules, the inspector has the right to evacuate the vehicle when installed simultaneously with sign 8.24 (“Tow truck is working”).

It is important to remember that evacuation of a vehicle is possible not only if the requirements of certain signs are not observed, but also in case of violation of general parking rules. In such a situation, the traffic police inspector does not pay attention to the presence of the above sign. In addition, in recent years there have been a number of changes that expand the capabilities of state traffic inspectors with regard to sending vehicles to the impound lot. The amount of penalties has also increased significantly.

If once again the car is suddenly not there, this may indicate its forced evacuation. To obtain information, you need to dial the police number. A common case of evacuation is parking a vehicle in the wrong place. At the same time, the driver still has a chance to avoid negative consequences if he arrives at the scene of the accident on time. Once the protocol is signed, there is no way back - you will have to pick up the car at the impound area.

Towing a car is prohibited if the driver is in it. This norm was taken advantage of by Konstantin Altukhov, who in 2014 sat for 24 hours in a car that was already standing on a tow truck platform. The vehicle was never recovered, and the driver himself received the nickname “Parkman.” Against the backdrop of this experience, changes were made according to which the evacuation of cars is prohibited until the protocol is signed.

Effective area of ​​the vehicle evacuation sign

It is logical that the “Tow truck is working” sign acts in the same way as the identical prohibitory sign. The work of a set of signs can extend from the point of placement to:

• the beginning or end of a settlement; • the first intersection in the direction of travel; • canceling all restrictions with the corresponding “end of all restrictions” sign; • the immediate distance indicated in the additional plate.

New sections of the route are always equipped with new road signs. The coverage area of ​​the “Vehicle Evacuation” sign works only on the side of the road on which it is installed.

When is it possible to evacuate a car?

Towing a car is a common phenomenon, especially in large cities where there is an acute shortage of parking spaces. Despite this, not all drivers know the laws and traffic regulations. Today, authorized structures can tow a car if there is no “Tow Truck Operating” sign. In theory, such actions violate the driver's rights, but few people worry about this.

The Code of Administrative Offenses of the Russian Federation, Article 27.13 states that transporting a car to an impound lot is possible in the following situations:

  • The driver of the car does not have the necessary documentation for the vehicle.
  • The person behind the wheel does not have the right to drive the car.
  • The vehicle has a brake system failure.
  • The driver is intoxicated (drugs, alcohol).
  • The car is parked in violation of the marking rules or is located in places where parking is prohibited (stopping).
  • Requirements regarding the transportation of large cargo are ignored.

Above is a complete list of conditions that allow, by law, to evacuate a vehicle to an impound area. In other cases, such actions are a violation of the law. But the authorities of many cities (including Moscow) often take this step to restore order.

What does a tow truck sign look like?

In the traffic rules, the designation “A tow truck is working” is the 8th paragraph and the 24th subparagraph, developed earlier and supplemented in 2013.

Effect of the "Tow Truck" sign

Image: black stylized design on a white reflective background, with a black, rounded edges frame. The plate is made of galvanized iron, in three standard sizes. The picture shows the back of a tow truck with a low lift on the right side. Symbolizes the car and the forced means of moving it and placing it in the impound lot. A car is loaded onto the front of the winch, located on a horizontal line (road symbol).

If there are deviations from standards

The correct image must comply with GOST 52290-2004. If your car was taken under a tow truck sign that does not comply with GOST, the magistrate’s court will take your side when appealing the actions of the road service. Always take several photos of the sign and the area to leave yourself the opportunity to go to court and invalidate the order to seize the car.

What principle does car evacuation work on?

Car evacuation actions are carried out according to the established procedure.

1. The tow truck must be accompanied by a traffic police officer. The car seizure report must be drawn up in two copies. 2. Information reflected in the protocol: reason for evacuation, date, time, data of the traffic police officer, information about the car, driver and owner (if the driver is not the owner). Information about the institution and the details of the executor making the decision to detain the car are also indicated. 3. If the car owner is nearby, he can also sign the protocol or refuse to sign and add his objections and explanations to the act. All this is noted in the act. The car owner may require that all valuables in the car and any current problems with the car be indicated in the protocol. A video recording may be attached to the protocol. 4. If the car owner is not present, two witnesses are brought in to sign the act. 5. The doors and hood are sealed. 6. After drawing up and signing the document, evacuation actions begin immediately. The car is transferred to the platform and delivered to the impound lot.

When a car is to be towed without a sign installed

In the absence of a sign, according to Art. 12.19 (parts No. 3-4) and Article 27.13 of the Code of Administrative Offenses of the Russian Federation (Law on the evacuation of vehicles), a car can also be detained and delivered by a tow truck to the impound lot in cases where the driver violated other parking rules and left the car:

  • in places intended for disabled people;
  • on sidewalks;
  • in the area of ​​public transport stops;
  • on railway and tram tracks;
  • in the middle of the tunnel;
  • on a second or more lane of the roadway;
  • at public transport stops or taxi stands.

The tow truck will also start working if the driver left the car in an authorized place, but creates a danger or blocks the path for other vehicles and road users.

What does the law say about car evacuation?

In the Russian Federation, the validity of the “Tow Truck” sign number 8.24 is legally regulated by Art. 12.16 Code of Administrative Offenses of the Russian Federation (part No. 4). Clarifying amendments were made to the Code of Administrative Offenses in 2015, and since then corresponding fines for violations have appeared. From that moment on, many undisciplined drivers became convinced that it was better not to ignore the sign’s instructions, otherwise they would have to answer for the offense not only financially, but also by losing time when towing the car. Only fines for parking where there is a ban amount to 1000-5000 rubles, plus payment for car parking and the work of the towing service. In large cities (Moscow and St. Petersburg), the amount of fines is even higher.

Where to look for a car if it was taken by a tow truck

  • If the vehicle is not found on site, the first action will be to contact the traffic police, where you will be informed where the impound lot and the duty station are located, issuing permission to pick up the car.
  • You can also use telephone numbers 112 and 02 and contact the operational duty officer of the emergency services. You will be transferred to the district duty station.
  • In the capital and St. Petersburg there is a unified reference system for car evacuation, where you can get information: - Moscow; - Saint Petersburg.

Possibility to pick up the car directly from the tow truck

Often the subject of heated debate is the issue of the moment when evacuation begins, after which the car owner can no longer return the car right at the scene of the violation.

The reason for the ambiguity was largely due to the vague wording in the law, to eliminate which the legislator made appropriate amendments in 2015.

Thus, according to the adopted changes, the evacuation of a vehicle is now stopped if the driver manages to eliminate the violation he committed before the tow vehicle starts moving.

That is, as long as the tow truck is stationary, the driver has the opportunity to independently drive the car away from the illegal parking site by paying a fine.

For violation of the requirements of road signs prohibiting stopping and (or) parking of a vehicle, the law provides for the imposition of an administrative fine in the amount of 1,500 rubles (Part 4, Section 12.16 of the Code of Administrative Offenses of the Russian Federation). If the violation was committed in Moscow or St. Petersburg, then you will have to fork out 3,000 rubles (Part 5, Section 12.16 of the Code of Administrative Offenses of the Russian Federation).

And yet, in practice, there are often cases when a tow truck driver refuses to remove the car from the loader, despite the fact that its movement has not yet begun. In this case, he will be forced to pay a fine of 20,000 rubles (Article 12.35 of the Administrative Code of the Russian Federation).

Important!

It is also important to pay attention to the fact that the law does not allow the option in which a tow truck driver could hastily load an illegally parked car and start moving with it, in order to deprive the violator, who realized it in time, of the opportunity to remove the vehicle from the loader, since in order for the car to start moving, tow truck together with the offender’s vehicle, the tow truck driver must have a copy of the report on the detention of the vehicle.

In this case, the traffic police inspector drawing up the report on the detention of the car must be present at the place where the vehicle was detained before the tow truck starts moving.

Thus, the driver who returns to the scene of the violation before the forklift starts moving always has a real opportunity to stop the evacuation process by paying a fine.

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