Reasons for evacuation
Seizure of a vehicle (vehicle) for the purpose of moving it to a special site is used if the owner fails to comply with the provisions of the Code of Administrative Offenses of the Russian Federation. The full list of violations is enshrined in Art. 27.13.
Common reasons for evacuating a personal vehicle to an impound lot are:
- ignoring parking rules;
- driving a vehicle by a citizen deprived of a driver’s license;
- driving while intoxicated;
- driving a faulty car;
- driving without a registration certificate.
Attention! Driving without a license is not grounds for driving the car to a special parking lot if the document is available, but is lost or forgotten at home or in the office.
In the following cases, car seizure is not provided:
- presence of tinting;
- driving in the oncoming lane;
- driving against the flow of cars moving on a one-way highway.
Also, the vehicle is not subject to withdrawal if its design is changed. For example, in the case of installing HBO.
What to do first
If you called the numbers provided and found out that your car was not delivered to the impound lot, it means it was stolen. In this case, you need to immediately file a statement with the police.
The owner of the evacuated vehicle is explained by telephone the reason for the detention of the vehicle, as well as the laws on the basis of which the loading took place. It is worth remembering that even if you did not know about the existence of a particular law, this does not exempt you from liability: you will have to pay a fine in any case.
Features of the procedure
The forced evacuation of cars and trucks begins with the establishment of an administrative violation. The decision on non-compliance with the law is made by the traffic police inspector.
Attention! The tow truck driver does not have the authority to determine the fact of a violation. He only performs the duties of transporting the car to a guarded site.
A traffic police officer requests the evacuation of a car after preparing a report on the seizure of property and violation of the Code of Administrative Offenses.
The document must contain the following information:
- information about the owner;
- Inspector details – full name, position;
- information about the car;
- grounds for detaining the vehicle;
- date, time and place of seizure of property;
- name of the special parking lot, its address, details of the executor of the decision;
- information about the condition of the car before transportation: a list of things remaining in the vehicle plus information about technical problems and damage.
If the owner of the car is present on site, a copy of the protocol is given to him for signature. If a document is refused to be certified, an appropriate mark is placed on it.
The general rules for evacuation of a car are as follows:
- Attracting witnesses in the amount of 2 people . Required if the owner of the car is absent during evacuation. The protocol in such circumstances is drawn up for video recording. The personal data of witnesses is entered into the document.
- Transportation of the car . The car is sealed before being loaded onto a tow truck. Seals are placed at door joints, including the hood and trunk lids.
- Storage in a special parking lot . The site must be guarded. Opening the machine at the initiative of employees is not allowed.
At the same time, the rules for evacuating cars to an impound lot exclude the procedure if there are passengers in the cabin. The inspector does not have the right to require citizens to get out of the car. In such a situation, the traffic police officer is obliged to wait for the owner.
Expert opinion
Elena Bondarenko
Higher legal education Specialization: real estate, labor and family law
About the expert
In practice, failure to comply with the evacuation procedure regulations does not entail its cancellation. However, if there are no seals on the car, you can file a claim for material damage (Article 1064 of the Civil Code), but only if something is missing from the car or it was damaged during transportation. In order to submit claims, the occurrence of any negative consequences must be recorded.
Moskovskaya street, 82
Cars seized in the city center are most often brought here. The area for parking cars is located under the bridge, not far from the Sports Palace. There is a large fleet of tow trucks here, allowing you to quickly remove vehicles of any category, weighing up to 5 tons. There are vehicles with a winch and hydraulic manipulator, which help avoid damage to the vehicle during loading and unloading. The phone number of the impound lot on Moskovskaya, 82 is 290-94-94.
Attention: The problem of car damage during removal often arises, therefore, when picking it up from the impound lot, you must have a camera or a camera to record possible scratches or dents.
Tariffs and costs
Forced evacuation of a car in 2021 requires full payment of its cost. The invoice includes the price for transportation and storage of the vehicle. The amount is billed to the owner of the vehicle.
As for exactly how much it costs to evacuate and subsequently maintain a car, it all depends on the region. So, in St. Petersburg the service will cost 2 thousand 700 rubles. And in Yekaterinburg it’s even less – 1 thousand rubles. Prices for towing a car in Moscow vary from 3 to 7 thousand rubles.
The cost of storing a vehicle also depends on the subject of the Russian Federation. Moreover, in Moscow the calculation is made for a full day. In other regions - hourly.
In the capital, 24 hours of storage will require payment of 1–2 thousand rubles. In St. Petersburg the tariff is 32 rubles per hour.
At the same time, services for evacuation and maintenance of trucks are rated higher. In Moscow, transportation will cost 27 thousand rubles. And storage will cost 2 thousand rubles per day.
Siberian Tract, 6
The impound lot on Sibirsky Trakt, 6, is the first one displayed in Yandex when searching. This suggests that it is her phone number that is primarily sought by Siberian drivers who have not found their car accidentally parked under a “No Stopping” sign. It is located in the densely populated Kirovsky district, which determines the frequency of calls to its tow trucks. In addition, this is where heavy vehicles detained for exceeding the permissible weight end up. UralAvto LLC operates here, which is the recipient of funds for storage. Company phone number: 200-02-10. Reviews that parking lot employees inflate prices, sometimes tenfold, used to be common, but now they are absent.
Amounts of fines
The amounts of fines for violations that resulted in the evacuation of a car in Moscow or in another region are the same.
In this case, the provisions of Chapter 12 of the Code of Administrative Offenses apply.
The recovery amount may be as follows:
- driving while intoxicated – 30 thousand rubles (Article 12.8);
- driving while deprived of a license – 30 thousand rubles (clause 2 of article 12.7);
- parking in the presence of a prohibitory sign – 1.5–3 thousand rubles (clauses 4-5 of article 12.16);
- stopping at a place for disabled people – 5 thousand rubles (Article 12.19);
- management of a faulty vehicle – 500 rubles (Article 12.5);
- driving without a driving license – 5–15 thousand rubles (Clause 1, Article 12.7);
- driving a car without documents – 500 rubles (Article 12.3).
To pay the fine for towing a car, you have 60 days from the date of the relevant decision.
Complaint about illegal towing of a vehicle
About the changes made, we should talk specifically about those that were made in relation to the article of the Code of Administrative Legal Procedure for 2021, which came into force on June 23, 2016 and are also valid today. These changes were introduced by Law No. 205-FZ and were aimed at improving Article 27.13.
We suggest you read: Power of attorney from the company to drive a car
The grounds for delaying a car have also been changed - some things have been added. As a result, cars can now be towed for the following violations:
- the driver was drunk while driving the vehicle and was detained;
- the driver did not have the relevant documents with him - he did not complete them at all, or was overdue;
- if the documents are jammed at home, this is not a reason to evacuate the car to a special site;
- Significant malfunctions of the brakes and steering system were noticed in the car;
- driving without a license (when your license was revoked);
- violation of prohibiting parking signs, stops where there is a sign about the operation of a tow truck;
- violation of other signs and markings drawn on the road;
- improper parking;
- ignoring the rules for transporting large-scale or dangerous goods;
- the motorist does not want to undergo a medical examination when it is necessary to use a breathalyzer;
- after an accident on the road, it turned out that the driver had previously used drugs or psychotropic medications;
- a motorist illegally used his car as a mobile advertising installation.
As for returning a car from a special parking lot, according to the new laws the following will be able to do this:
- The car owner himself.
- The driver to whom the car owner has issued a power of attorney.
- Or a person who has co-ownership rights to the car (if the car, for example, has 2 owners).
But in any case, the driver must have written permission from the traffic police. At the impound lot they have no right to delay the delivery of the car. After checking all documents and the driver's signature, the car should be returned on the day of application.
In addition, the person who picks up the car must present a receipt indicating that all administrative fines have been paid in due order.
What should a driver do if the car is towed away? If the actions of tow truck operators and traffic police officers were legally justified, the car owner will have to pay all fines and the work of the tow truck, only after which he will be able to pick up his car from the impound lot. If the vehicle was towed in violation of the letter of the law, the car owner has the right to file a complaint for illegal evacuation and, in addition to the return of all paid receipts, including the impound lot, the culprit can be punished and moral and material damages collected from him.
The prosecutor's office may initiate a case based on the car owner's application for illegal towing of the car in accordance with Art. 12.35 Code of Administrative Offenses of the Russian Federation. In case of evacuation of a car to an impound lot, traffic police officers must draw up an official resolution, a copy of which is handed over to the car owner against signature in person or sent by registered mail no later than 3 days from the date of the action. The resolution must indicate the fact of an administrative violation and the amount of penalties in accordance with the law.
If the deadline for filing a complaint about illegal evacuation is unreasonably missed, the case will not be considered in court. If there is a good reason, the car owner has the right to submit an application requesting the restoration of the missed procedural deadline and attach documents confirming the existence of exceptional circumstances. This application is submitted to the judicial authority considering the administrative case regarding the evacuation of the car to the impound lot.
The period for considering an application for appeal and making a decision is 10 working days. The deadline for sending the decision to the car owner is 3 days. A complaint about illegal towing of a car can be sent through the electronic reception of the Administrative Road Inspectorate or by mail. The application is submitted to the traffic police addressed to the head of the inspector who issued the decision. You can personally file a complaint in Moscow at two addresses:
- st. Kalanchevskaya, 49 (metro Prospekt Mira, Komsomolskaya), opening hours: Monday to Thursday from 8 to 17 hours, Friday from 8 to 15.45;
- st. Staraya Basmannaya, 20, building 1 (metro Kurskaya, Krasnye Vorota, Baumanskaya), opening hours: Monday to Friday from 8 to 20 hours.
An application to appeal illegal evacuation is drawn up in 4 copies and must include the following points:
- name of the authority to which the application is submitted;
- Full name of the official in whose name the application is being submitted;
- information about the applicant (full name, permanent address of residence);
- in detailed form all the circumstances relating to the case under consideration;
- information about the employee (full name, position) who made the unlawful decision regarding the evacuation of the car to the impound lot;
- list of attached documents;
- the personal signature of the applicant and the date of drawing up the application, which must necessarily coincide with the date of submission of documents.
The main defendant in court in a case of illegal evacuation is the Department of Finance of the Moscow Government, since it is this organization that carries out the return of funds. The co-defendants will be MADI and the State Public Institution “Administrator of the Moscow Parking Space”. An administrative claim is filed with the district court at the location of the defendant, in particular: 127051, Moscow, Tsvetnoy Boulevard, 25 A.
General algorithm for returning a car
The procedure for the owner of a vehicle sent to the parking lot includes several standard steps:
- Car search . You can find out the parking address by calling 102 (police) or 112 (general emergency service).
- Collection of documents . The traffic police will request a copy of the vehicle detention protocol, as well as permission to return it. Documents are presented upon presentation of a passport, driver’s license, compulsory motor vehicle liability insurance, or STS.
- Return of the vehicle . The procedure is carried out in a special parking lot after checking the protocol and permission from the traffic police.
Attention! If the documents were left in the evacuated car, then before visiting the traffic police you will need to visit the parking lot. Here the car is opened to remove documents. Then the car is sealed again. The entire process is recorded by filling out the appropriate act.
Payment for the services of the car evacuation service is possible both at the time of return of the property and after. At least 30 days are allowed to pay off the invoice.
In most cases, transportation of a car to a special parking lot is required when an administrative violation is committed. The return of the car is made personally by the owner. Moreover, the latter will need to cover the cost of the evacuation service. The calculation is made depending on the tariff established in the constituent entity of the Russian Federation. The amount of the cost, as well as the fine for violating the Code of Administrative Offences, can be repaid both before and after the return of the property. To pay for a tow truck, the deposit period is 30 days. To repay a penalty – 2 months from the date of delivery of the relevant resolution.
How to pick up a car
Initially, the vehicle owner receives permission to pick up the car. With the document in hand, he goes to the parking lot and inspects the car, then a transfer act is drawn up and signed. The car is taken away, and the owner undertakes to pay a fine. You must have the following documents with you:
- VU;
- certificates confirming registration;
- OSAGO policy.
If the car is not being picked up by the owner, then you must have a notarized power of attorney for this action.