For what traffic violations will a car be taken to a parking lot?
Every driver is interested in the question: what offenses can cause his car to be towed away?
This list is very wide for 2021:
- first of all, you cannot park your car in a space allocated for parking a vehicle belonging to a disabled person;
- Parking on tram tracks is strictly prohibited;
- being in a state of intoxication, both alcoholic and narcotic (toxic), but only in the absence of signs of a criminal offense in this offense;
- when the driver refuses to be tested for intoxication, again if this violation does not contain signs of an act provided for by the Criminal Code of the Russian Federation;
- the driver does not have vehicle registration documents;
- a known malfunction of the steering device or braking system (an exception to this list of malfunctions is the parking brake);
- the driver does not have the right to drive a vehicle or is deprived of such a right;
- when the driver does not comply with the rules of road markings and road signs that directly prohibit stopping and parking a car in a given place. For the same violation, but only within Moscow and St. Petersburg as cities of federal significance, increased liability has been established;
- parking at the pedestrian crossing and in the five-meter zone in front of it. The exception is force majeure circumstances that provoke a forced stop. But the driver will have to prove this need himself, so he may have to turn to experts and qualified auto lawyers, which will entail additional costs. For Moscow and St. Petersburg, responsibility for these violations has also increased;
- illegal parking on the sidewalk. As in the previous case, the fine is higher for the two specified localities;
- when the dimensions and axle load of the vehicle are exceeded for large and heavy vehicles;
- if after the accident the driver at fault, despite the order of the policeman, continues to drink alcohol or take illegal drugs in the interval between stopping the car and the medical test for intoxication;
- if, when using a car for advertising purposes, a change in its design occurs that threatens road safety (for example, if the body of a vehicle is given the shape of the advertised product, which may interfere with the normal visibility of both the driver and other road users).
IMPORTANT !!! This list of grounds for detaining a car is exhaustive, Art. 27.13 of the Code of Administrative Offenses of the Russian Federation does not allow its expanded interpretation and the unauthorized addition of new circumstances to it.
Reasons
The average citizen worries about the safety of his own property. A scandal related to the evacuation of a car can cause a lot of trouble.
Leaving home and not seeing your own car in the morning is an extremely unpleasant feeling. However, residents living on the property may complain about an illegally parked car and call for evacuation.
To evacuate a vehicle to an impound lot, there is a document on the Decree of the Government of the Russian Federation on Approval of the Rules for Detaining a Car. This law came into force on December 18, 2003 under number 759.
This important document consists of seven articles, which carefully indicate parking rules and reasons for towing a vehicle.
If traffic rules are violated, the inspector has the right to get behind the wheel without the consent of the car owner and move the car to the impound lot.
The vehicle is towed if:
- the owner of the vehicle does not have a license;
- there is no vehicle registration certificate;
- the car owner was driving the vehicle while intoxicated;
- the owner of the car refused to undergo a medical examination;
- incorrect parking was performed;
- There is a problem with the brake system.
The Code of Administrative Offenses does not have any right to transport a car to an impound lot if the driver’s obligations listed above are not violated.
When carrying out communication work, the technicians may require the vehicle to be towed.
When laying asphalt on the street where the car owner lives, neighbors, workers and the inspector will try to notify the reason for moving the car to another place.
But if the car owner ignores all the information, then the car will be moved to the impound lot. In some cases, cars are moved to a neighboring yard.
In what cases is evacuation obviously illegal?
Firstly, it is strictly prohibited to evacuate a vehicle with people inside. And also animals. After all, they may get hurt when moving the car to a tow truck. In this case, they must call the police and wait for the owner. Although there have been cases of evacuating a car with dogs inside, so owners should think carefully before risking the health and life of their pet.
The information on the signs must be supplemented by a sign indicating that a tow truck is operating within the coverage area of the markings and signs. If there is no such sign, evacuation will directly violate the requirements of regulatory legal acts. In this case, only administrative punishment is possible for the driver (fine or other sanctions provided for by the Code of the Russian Federation on Administrative Offences).
“Chaining” the car with various chains or cables to a fence or tree will also prevent evacuation, but only until the driver or police officer with the right to remove this cable or chain appears.
Tall SUVs with any property attached to the roof, most often a bicycle, will not be able to evacuate.
There is also a myth among drivers that twisted wheels are a sure cure for a forklift. But this is not so; tow trucks are increasingly appearing, where a car can be placed with any wheel position.
IMPORTANT !!! In all cases, the driver must eliminate the circumstances that served as the reason for the detention of his vehicle, if it is possible to do this immediately, for example, move the car to an authorized location.
What is the procedure for sending a car to the impound lot?
In most cities of our homeland, the decision to detain a vehicle for violations of its owner will be made by an inspector of the State Road Safety Inspectorate. In the capital of the Russian Federation there is a slightly different unit responsible for road safety, this is the Moscow Administrative Road Inspectorate.
An identified offense will entail the drawing up of two important documents: protocols on the violation itself and on the movement of the detained car to the impound area.
Currently, to draw up a protocol in the absence of an offending driver, video recording is increasingly being used. But drawing up a protocol with the participation of two witnesses also continues to be used if the technical equipment does not allow video recording.
An act will also be drawn up with the tow truck driver, stating that the car will be transferred to him to move to a special parking lot. The report, in addition to standard information about the vehicle, lists visible damage. If any damage was not recorded in the report, then the driver has the right to demand compensation for damage. But this is a rather long and labor-intensive procedure, since it is only possible by filing a lawsuit in court.
If, nevertheless, the driver managed to do so before the tow truck began to drive away with his car on board, then the car cannot continue to be taken away. The vehicle must be moved from the side of the tow truck onto the road.
Features of this law
If we talk about the Code of Administrative Offenses of the Russian Federation, it regulates the procedure for punishment for violations, and also stipulates the violations themselves, that is, situations that can be qualified as misdemeanors.
For an example of a local law, it is better to consider Moscow regulations, since it was there that one of the first cities took steps to optimize the evacuation process and deal with violators using a similar method.
When accepted
If the Code of Administrative Offenses of the Russian Federation was adopted in 2001, then the Moscow laws are much younger. Thus, the main one was approved in 2012, when, due to heavy traffic and increasingly difficult conditions for all traffic participants, a decision was made to radically combat violations.
Moscow Law 42 states that it is valid only in Moscow, and stipulates the process of moving cars to an impound lot, storing them and returning them to the rightful owner.
Reasons for delaying a car
Previously, all offenses that could serve as a reason for detaining a car were considered.
It should be understood that evacuation is used only as a last resort if the car is obstructing traffic, poses a threat to other road users due to driver inadequacy or technical faults, and also if it violates the rules of road signs or markings.
Therefore, if the inspector’s claim does not coincide with the above list of reasons for evacuation, then the driver has the right to appeal the decision and also disagree with the protocol.
Requirements for impound lots in the city of Moscow
In Moscow, there are few requirements for impound lots where impounded cars are stored.
So, a parking lot of this kind should have:
Conditions | For the safety of stored vehicles |
Possibility of loading and unloading | Directly in the parking lot |
Room | To carry out settlements with car owners and fill out documents |
Such requirements are stipulated in Moscow Law No. 42, so we can say that legally parking lots must be functional, ensure safety for detained vehicles and their owners, and also prevent damage to cars while in the impound lot.
What recent changes have been made (official website)
There were no significant changes in the legislation regarding evacuation and methods of returning a car in 2021, but if the owner returned before the tow truck left, he can eliminate the violation by reparking the car.
Thus, he will be required to pay a fine for an administrative violation, but will not have to pay for a tow truck and the car’s stay in the impound lot, which is also a positive side.
In 2021, another small improvement became available. It lies in the fact that you can pick up a car from an impound lot without paying, simply by obtaining permission from the traffic police.
Previously, it was possible to get property back only after full payment of the fine and tow truck, and if there was no money for this, then you had to leave the car there for a long time.
In each region, this issue is regulated by local regulations. In Moscow, the issue has been resolved and they are offering discounts when paying in the parking lot.
Is it legal to tow a car to an impound lot if it does not interfere with traffic?
In most cases, a car that does not interfere with other road users will not be towed.
But there are nuances related to emergency situations and the requirements of signs with markings, in case of violation of which the evacuation of cars is possible.
Each of them should be considered to prevent similar cases from occurring.
From the yard
If a car is parked in a parking space in the yard and does not interfere with other vehicles, then it cannot be towed, since it does not violate any legal regulations.
But if they plan to lay asphalt in the yard or perform work on a pipeline, then all residents must be warned about this in advance.
How to find out about car evacuation online in Moscow, see the article: how to find out about car evacuation. About the fine for lack of MTPL insurance and without a vehicle inspection in 2021, read here.
If, at the appointed time, utility workers find a vehicle parked in the work area, they have the right to call a tow truck, which will take the car to the impound lot.
For illegal parking
If the driver parks the car in the second row, or under a prohibiting sign, the car will be towed away.
The same applies to stopping for no reason in a tunnel, when a stopped car simply creates traffic difficulties and an emergency situation, the solution of which requires a tow truck.
In addition to paying for the services of moving and storing cars, you will also need to pay a fine, which on average is about 2,500 rubles.
From a disabled seat
If a driver stops his vehicle in a parking space intended for disabled people, without having a reason for this, which could be a disabled person’s ID, a special sticker on the glass, or a disabled person who was transported in the car, then he will be fined and towed away.
If he has documents certifying his status as a disabled person, then no violation will be found.
Without numbers
The absence of license plates on a parked car in itself is not a violation, because the driver is not driving illegally.
By the way, even parking a car with the engine running is considered movement, because this gives reason to think that it is getting ready to move.
But due to the increased terrorist threat, in Russia, especially in large cities, cars without license plates can be considered a threat.
If they are parked in places with large concentrations of people or equipment, as well as near transport stops, then the traffic police will decide to evacuate the car despite the lack of license plates, and subsequently this will seriously complicate the search for the car for its owner.
From the sidewalk
If the driver parked the car on the sidewalk and left, then of course it will be towed, because this is a gross violation of traffic rules, if it is not a car that delivers goods to a store or transport emergency services.
If there is no driver, then you have every right to call a tow truck and move the offending vehicle to a special parking lot, and both stopping and parking the car is punishable.
Video: A federal law has come into force that changes the procedure for evacuation of vehicles
How much money will it cost the driver to move his car to the impound lot?
It is impossible to give a single answer for all cities in our state. This is not fixed in any way at the level of federal legislation. It is not established at the level of constituent entities of the Russian Federation. Each city will have its own tariff for this amount, because it is regulated by municipal regulations.
Here are some examples in large millionaire cities, valid for 2021, for standard passenger cars (with engine power not exceeding 250 hp).
- For Moscow, the first day of a car’s stay in the impound lot costs 5,000 rubles. All subsequent ones – 1000 rubles each (no more than 60 days).
- In St. Petersburg, moving and the first day will cost from 1,500 to 7,000 rubles, then payment is charged hourly - 40 rubles for each hour the car is detained.
- In Novosibirsk, evacuation will “ruin” the owner by 1,750 rubles for the first day and 44.8 rubles for each subsequent hour.
- The Yekaterinburg authorities are more loyal than the Novosibirsk ones, so the tariffs are lower: 1649 for moving and 33 rubles/hour for storage.
- In Nizhny Novgorod, the price of evacuation is fixed at 1,890 rubles, 12.5 rubles per hour of storage time at the impound area. Moreover, unlike the above cities, this price is for all categories of vehicles.
How to find where a towed car was taken?
Often the first thought of a car owner who has lost his vehicle due to its evacuation to a impound lot is: “Who should I call?” The situation can be complicated by the fact that in a large city there may be several places where seized vehicles are stored.
Therefore, it would be more advisable to dial the police number (102), where they will tell you the phone number of the impound lot and the procedure for returning the seized car. Most often, they will be redirected to the duty station of the relevant traffic police unit for a given locality.
Websites of car enthusiasts of a given city can immediately tell you the telephone number of a parking lot for evacuated cars; fortunately, they are available in almost all major cities of Russia.
How to return a vehicle that has been impounded?
For such a return, permission is required from the inspector of the traffic police unit (MADI) who recorded the offense committed in his protocol. The registration certificate, driver's license and compulsory motor third party liability insurance policy make up the list of documents necessary to return the car to the owner.
Depending on the jurisdiction of which body brings administrative liability, the driver will be issued either a protocol on the offense committed (if judicial review is necessary, for example, when depriving the driver of the right to drive), or a resolution to impose a fine.
The inspector will also make a note in the arrest report indicating that the vehicle has been released to the owner.
With these documents and after paying for the storage time and evacuation itself, the car owner has the right to get his property back. Refunds are made without any delay. If the reason for the detention has been eliminated, then payment for evacuation is not made. This is a legal requirement that is not always observed by those in charge of the penalty area.
How to pick up a car
- What should you do if your car goes missing? A call to number 02 will help you find out exactly whether there was a theft or a forced evacuation.
- How to pick up a car from an impound lot? You can find out all the information about the missing car from the traffic police officer on duty. He will also give you the exact number of the city parking operator. The number can also be found in an Internet resource search engine or using a special SMS notification service.
- How to pick up a car and pay a fine? After the driver has found out that the car has been towed to the impound lot, the algorithm of actions depends on where the documentation for the car is located (with it or left in the car). There are nuances here, they are indicated below.
In all regions of the Russian Federation, impound lots operate 24 hours a day, seven days a week, guarding vehicles. If all legal grounds and documents are available, the car must be returned at the time of application.
If the documents are in hand
Paper documentation for the car simplifies the problem of returning the car if it remains with the driver and not in the vehicle. The owner with the available documents is sent to the traffic police, which identified the violation and sent the vehicle to the impound lot (you can check the department number, the name of the inspector and other questions by calling 02).
There, the owner is required to familiarize himself with the protocol on the administrative offense and conduct an explanatory conversation. The inspectorate issues a fine, which should preferably be paid within 60 days . It is also advisable to pick up the car during this time.
- The driver must study the protocol and pay attention to the correctness of its execution, as well as the description of the technical and visual characteristics of his car.
- If the protocol is drawn up with violations, and the inspector refuses to correct them, then such a document has no legal force. No protocol – no actual violation. This means you don’t have to pay any fines!
- If the offense is proven and the protocol is in order, then after reading and signing, the driver pays the fine at the bank and takes the receipt with confirmed payment to the traffic police. The traffic police inspector is then required to give permission to issue the car. With the received permit and other documents, the car owner can pick up his vehicle.
It is extremely rare that a ruling on an administrative offense may arrive by mail. The algorithm for starting actions in any case is always the same: it all starts with call 02.
If the documents are in the car
In a situation where the documentation is in the car, the driver uses the phone to find out the location of the impound lot and goes there. In the presence of an authorized person responsible for storing the vehicle, the owner can pick up the documents by signing the document on the opening of the vehicle by both parties. The car is then sealed.
Having collected the documents, the owner goes to the traffic police and proceeds as described in the previous section to receive a car from the impound lot.
If the driver discovers damage to his car after evacuation, he has the right to file a claim with the evacuation service or the court.