How to legally tow a car that is blocking an exit?

1. Contacts for Moscow and the Region
2. How to call a tow truck for other cities
3. Where else can you go?

The appearance of paid parking in the capital has somewhat resolved the problems with cars left randomly on sidewalks and roadways. On the other hand, this has aggravated the issue of free parking spaces in the courtyards. If the vehicle serves as an obstacle for other motorists, pedestrians, or emergency services, it is enough to call a tow truck for an illegally parked car.

Is it legal to evacuate a car from a yard?

The evacuation of cars from yards in 2021 is legal if the grounds and procedure for detaining the vehicle are simultaneously met.

So, the reasons are:

• traffic violation (parking in the wrong place);
• the need for repairs or the inability to operate the vehicle;
• violation of residents of a residential building (for example, access to a residential building or into the yard);
• the need to clear snow from the local area or lay asphalt.

Moreover, in the latter case, the car is moved not far from its original location: within sight of the car owner or to a neighboring yard, and after the work is completed it is returned.

In any case, before calling a tow truck into the yard, you should contact law enforcement agencies. After all, only traffic police officials are authorized to detain a vehicle and send it to an impound lot. The towing service will not be able to do anything without the permission of the car owner or the appropriate instructions from the traffic police officer.

As practice shows, the forced evacuation of cars from the yard often occurs in front of their amazed owners. Meanwhile, according to the law, forced detention of a car and its further movement are possible only if the owner of the vehicle is absent.

Evacuation of a car, including from the local area, is only permitted in the presence of two witnesses or during video recording. Otherwise, the owner has every right to challenge the protocol on the detention of his vehicle.

A hotline has opened: where to complain?

Moscow authorities and MADI employees report that violations of parking rules in the city will now be monitored with the help of public activists. A special hotline has been launched where you can complain about illegal parking. If you find a vehicle parked in violation of the rules, for example, on a sidewalk or lawn, you can simply dial a number and traffic police officers will arrive at your destination on foot or as part of a patrol crew.

So, how to call a tow truck for an illegally parked car in Moscow? Just use the number 8(495)539-54-54 . When calling to confirm a violation of the rules, you only need to indicate the location of the vehicle. If the check confirms incorrect parking, the car will be towed. In addition, if you find a vehicle parked with violations, you can contact the traffic police in person, having previously recorded the violations. In addition, you can also send evidence online or by post. A special form for drawing up applications has been launched on the official website of the department.

What is important to know about the reasons for evacuating a car from the yard

The reasons for evacuating a car from the yard are as follows:

• vehicles are left on the sidewalk/lawn/children's or sports ground;
• the parking space of a disabled person is illegally occupied;
• a large vehicle with a carrying capacity of more than 3.5 tons is parked under the windows of residential buildings;
• the car was left closer than 5 meters near the garbage site;
• it is necessary to clear the yard area of ​​snow or lay asphalt;
• the passage, access to residential buildings or to the yard is blocked;
• the engine of an abandoned car runs for more than 5 minutes in a residential complex;
• the car is in a semi-disassembled or disassembled state, does not have a license plate or its owner has not been identified;
• the owner left his vehicle in an individually equipped parking space that was not provided for parking.

What to do if a car parked in the yard is blocking your passage?

Let's figure out whether the traffic police will help in this case and how to punish the careless car owner.

— I live in a typical “panel ghetto” with a parking yard. Some drivers park their cars so close to each other that it is impossible to pass. One person can still squeeze through, but it’s impossible to get through with a stroller. Where to complain and what measures can be taken?

According to the Rules for External Improvement of the City of Kirov, parking is a specially designated and, if necessary, arranged and equipped place, which is, among other things, part of a highway or adjacent to the roadway or sidewalk and other objects of the road network, buildings, structures or structures and intended for organized parking of vehicles. In order to have the legal opportunity to leave cars for a long time in their yard, the owners must hold a general meeting and decide on the provision of parking for residents.

What documents regulate parking rules?

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1.
Traffic rules.
In the traffic rules there is no concept of “parking” as such; there is the concept of “parking” - the deliberate cessation of the movement of a vehicle for a period of more than 5 minutes for reasons not related to the embarkation and disembarkation of passengers. Parking is prohibited in the same place where stopping is prohibited (cessation of vehicle movement for up to 5 minutes). According to Art. 12.4 of the traffic rules, stopping is prohibited in places where the car will block traffic lights, road signs from other drivers, or make it impossible for other vehicles to move in or out, or interfere with the movement of pedestrians.

2. SanPiN.

The first sanitary standard, which is contained in SanPiN 2.2.1/2.1.1.1200-03, determines at what minimum distance parking lots should be located from the windows of residential buildings. The more parking spaces, the further away the cars should be (see table 7.1.1.), in any case, this distance should be at least 10 meters. The second document is SanPiN 2.1.2.2645-10. According to clause 2.10, it is prohibited to place parking lots in the courtyards of residential buildings, except for guest ones. Formally, it is this document that gives the right to completely clear the yard of cars. The Supreme Court of the Russian Federation came to these conclusions during its consideration of an administrative claim from a citizen who tried to challenge the latest SanPiN. “The use of such [guest] parking lots in any other way, including for the permanent parking of residents’ cars, as indicated by the administrative plaintiff in the appeal, is a violation of the provisions of the Sanitary Regulations,” the Court’s ruling states. As Garant explains, if a citizen goes to court and can prove that the parking lot is used not by guests, but by residents of the house, the latter (as well as the management company of the house) can be held liable under Art. 6.3 or 6.4 Code of Administrative Offenses of the Russian Federation. The fine for individuals ranges from 500 to 1000 rubles, for legal entities - from 200 to 500 thousand.

Is it possible to punish the owner of a disturbing car?

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What if your neighbors leave their cars in your yard?

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A car that interferes with the passage of other cars in the yard must be towed after contacting the traffic police. If the department knows the contacts of the car owner, they should contact him and ask him to move the car. If there are no contacts or the owner refuses to move the car, the traffic police are required to call a tow truck, which will take it to a parking lot. However, in the vast majority of cases, the decision to evacuate the yard is made when the car interferes with the passage of other vehicles, and not with the passage of pedestrians. But nevertheless, the owner of a car who regularly blocks the passage of other residents can still be held accountable. In this case, you need to contact the local police officer, who will identify the owner. But the fine for violating parking rules will be small - up to 500 rubles.

You can also resort to the determination of the Supreme Court of the Russian Federation, says the chairman of the council of the house on the street. Lenina, 20 Valery Semenishchev, although it is quite difficult to record the fact of permanent and not guest parking.

— It is necessary to prove that the car is clearly worth a long time. The easiest way to do this is obviously using the “snowdrop” as an example. You need to take several photos of the car on different days in exactly the same place, each photo must be accompanied by drawing up a commission report with the participation of the management company or at least three owners of the apartment building on whose territory the car is located. It will also be good if during the foreseeable period snow was removed from the yard and the car was not removed. In this case, you also need to draw up a commission act. In addition, you will also need a notification form at the entrance about the upcoming snow removal from the area using a tractor.

Also, regarding “snowdrops” in the yard, you can contact the department for working with citizens’ appeals of the city administration (tel.: 76-04-28) or the territorial administration in your area. But there the complaint will be taken into account if the car has obvious signs of abandonment: it does not have a registration number, tires are punctured, windows are broken, etc. True, the “snowdrop” is not evacuated right away either. First, the administration will try to find the owner of the car. This may take up to six months.

Briefly about the main thing:

• You should call the traffic police to have a tow truck take your car to a parking lot if it interferes with the passage of other cars; if the same car systematically interferes with the passage of pedestrians, you can contact the local police officer.
• According to the definition of the Supreme Court of the Russian Federation, only guest parking is possible in the local area (except for cases when, by decision of the owners, legal parking is equipped there), this may be an argument in favor of completely clearing the yard of cars.
• To evacuate an abandoned car, you can also contact the city administration, but first they will look for the owner of the car, this can take up to six months.

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Who should clean the parking lot in the yard - the residents or the management company?

How to evacuate a car from the yard - step-by-step plan

1. Call a traffic police officer.
2. Wait for the inspector to arrive along with the tow truck.
3. The traffic inspector on site establishes the identity of the car owner. If information about the latter is not known, then you should contact the local police. He can use his administrative passport to find the car owner’s cell phone number and contact him.
4. Next, the state traffic inspector, in the presence of 2 witnesses or with video recording, fills out a protocol, on the basis of which the car is evacuated from the yard. Is it possible to evacuate a car from the yard in the absence of the motorist? Yes, even in the absence of the owner of the car, a protocol on the detention of the vehicle is still drawn up, and the car is moved to a specialized parking lot using a tow truck (Article 27.13 of the Code of Administrative Offenses of the Russian Federation). If the owner of the car is present at the time of recording, it is recommended that he list all the valuables that are in the car. Photos are attached to the protocol.
5. Access to the vehicle is sealed.
6. The car is moved to the impound lot, and storage and payment for it are regulated by regulations of the regions of the Russian Federation. Today, no single law has been developed for all regions of Russia. So, for example, the evacuation of passenger cars from yards in Moscow, depending on its capacity, will cost from 3,200 to 7,400 rubles, while trucks and oversized vehicles will cost about 49,200 rubles.
7. It is from the moment the protocol is drawn up that the period of detention begins.

Why call a tow truck?

The Krasnodar region has repeatedly become one of the leaders in the number of road accidents in the country. The situation is affected by high transit traffic in the region and unfavorable weather conditions. The situation on the roads becomes especially dangerous in the fall, when visibility on the roads sharply decreases.

The situation in the city is more favorable, but no one is immune from unexpected breakdowns. In addition to an accident, the reason for calling a tow truck may be a low battery, engine problems, sliding into a ditch, a punctured tire, or problems with the brake and steering systems.

The Red Truck company has been engaged in car evacuation in Krasnodar for over 7 years, quickly transporting broken cars of various types:

• cars,
• SUVs,
• special equipment,
• motorcycles and ATVs.

Thanks to many years of experience, the company’s employees will quickly load the car in compliance with all safety rules. The cost of services is calculated automatically, so the driver just has to wait for the service representatives to arrive. The company operates around the clock, the service can be called at any time. Urgent delivery of a car is possible within 20 minutes.

The company provides several types of services:

• providing technical assistance during evacuation;
• evacuation after an accident;
• evacuation in case of car malfunctions or lack of fuel.

Transporting a car is inexpensive; the tariff depends on the weight of the vehicle, distance and urgency.

Where to go for car removal from the yard

Before you tow your car from the yard, you need to know where to complain. In order to evacuate an illegally parked car in the yard, you should contact one of the following authorities:

• contact the local police officer;
• call the duty station;
• contact the state traffic inspectorate directly.

Evacuation of abandoned cars from yards is possible after contacting the local government authority (district prefecture, administration). In some regions, for example, in Moscow and St. Petersburg, specially created commissions operate. In any case, the essence of the appeal is brought to the attention of the traffic police inspector, who goes to the site to resolve the situation.

How to write an application for the evacuation of cars from yards in Moscow

An application for the evacuation of ownerless cars from yards is submitted to the local government authority. The document must contain the following information:

• about the applicant (full name with residential address);
• about the condition of transport with detailed signs of its abandonment;
• license plate number of the car and its location;
• date of compilation and signature;
• Attach 3 or 4 photos of the car.
• The document is drawn up in two copies.

In this case, evacuation of a car from the yard of a house is possible only if the following signs of junk are present:

• lack of use for a long time;
• understaffing;
• emergency condition due to which recovery is impossible;
• There is scrap metal and garbage near the vehicle.

Can the residents of the house call a tow truck themselves?

Of course, residents whose rights are violated by illegal parking have the right to call a tow truck themselves. However, without the appropriate instructions from a traffic police officer, the evacuation of cars from yards is illegal. Therefore, the first thing you should do is wait for the state traffic inspector to appear, who will draw up a protocol on the administrative violation. In the document, he will indicate the date, time and place of preparation, the reason for the detention of the vehicle and other significant circumstances. The reason why vehicles are being evacuated from yards must be indicated. In the document, the traffic inspector writes his full name and position. The car owner’s signature is also placed there if he is present at the place, and if he refuses to sign, then a corresponding note is made.

What does the traffic police do after contacting them?

By contacting government authorities, unfortunately, you cannot expect a 100% solution to your issue. Everything will depend on the specific situation that you tell them, as well as directly on the decision of those people who will make decisions at that point in time.

There are two options for the development of the situation:

1. Traffic police officers, based on the information you provided when applying, call the contact number of the owner of the car that blocked your passage, call him and ask him to move the car .
2. The second option is that traffic police officers can go to the scene themselves and resolve the current situation in your presence .

If you can’t get through to the owner of the car, and you are persistent , then in this case they may resort to towing the car and will call the appropriate services themselves.

The traffic police can call a tow truck for an incorrectly parked car, but this must be achieved!

So, as you can see, towing someone else's car is not so easy. The authorities can do this only if they record a clear violation of the rules, your application and persistence. Under no circumstances be rude to the traffic police inspectors, be respectful with them and calmly, without emotion, explain the seriousness of the issue specifically to you.

Towing a car from the yard to the impound lot

How to tow someone else's car from the yard to the impound lot? A state traffic inspector has no right to get behind the wheel of someone else's car without the permission of its owner. Otherwise, you will have to call special vehicles. Can a car be towed from the yard? Yes, they can if there are legal grounds. These are enshrined in Art. 27.13 Code of Administrative Offenses of the Russian Federation. In other words, a car can be detained when committing any administrative offense specified in the above article. This could be the following action:

• the motorist is intoxicated;
• the driver does not have documents for the vehicle or a driver’s license;
• the car is faulty, due to which it is not possible to operate it (the steering, brake system or clutch is damaged);
• the car was left in the wrong place, etc.

For residents of other cities

In all other cities, the traffic police deal with the evacuation of illegally parked cars. You can call a tow truck in 3 ways:

1. Go to the traffic police website.rf - select your city on the right and call the direct number - this is the fastest way.
2. We dial 102 - a little slower, you will have to wait in line, wait for the switch to the desired operator.
3. We dial 112 - a single number for the police, ambulance, and the Ministry of Emergency Situations. It takes a long time to connect with the traffic police.

Note! That only the state has the right to evacuate a car without a driver. services (traffic police, Mosparking, etc.), so it is useless to call private towing services.

Towing for illegal parking: what a car owner needs to know

You return to the parking lot of your vehicle and discover that it is missing. Most likely, the car was towed from the yard without your knowledge.

You can find out this by simply calling 02. A tow truck is most often called when parking incorrectly in the yard. You have a small chance to pick up the car on site until the protocol and transfer certificate are signed. After signing the act, even in your presence, the car will not be given back immediately, then you will have to go to the impound lot to pick it up. Can a tow truck pick up a car with people in it from the yard? No, this is prohibited by law. However, although you will avoid having your vehicle detained, you may encounter another problem - liability for disobedience to police officers.

Special hotline for Muscovites

Previously, complaints about cars parked in prohibited places were received by the dispatch service of the Moscow Administrative Road Inspectorate. Now the procedure has been significantly simplified by establishing a separate hotline to resolve such issues.

Forced evacuation is carried out in the following cases:

• illegally stopping in a parking space for disabled people (in addition to sending the car to an impound lot, its owner faces a fine of 5,000 rubles);
• the car is fully or partially parked on the sidewalk, the side of the road in the second row, under prohibited road signs, at a pedestrian crossing, tram tracks, public transport stops, tunnels, which creates congestion, risks of accidents, and interference with the normal movement of other road users.

To call a tow truck in case of illegal parking, Moscow residents just need to call +7 (495) 539-54-54 (for landline calls) or 3210 (for calls from mobile phones). Next, you will only need to provide the location of the vehicle, and if the nearest city cameras confirm the fact of incorrect parking, the car will be towed away.

Rules for parking in the yard of commercial vehicles

From January 1 of this year, parking of commercial vehicles in courtyards is prohibited. This applies to taxis, trucks, minibuses. At the same time, the amendment to the traffic rules does not provide for the evacuation of commercial vehicles from yards. It is clear that a driver can be fined for such an act, and only if there is an established residential zone sign. Therefore, it remains unclear how to evacuate the taxi from the yard. Most likely, the traffic police will conduct preventive raids. In any case, the evacuation of commercial vehicles from courtyards is possible if there are general grounds provided for adjacent areas. If a car interferes with travel or access to a yard or a residential building, or is left on the sidewalk/children's or sports ground, then local residents can file a complaint. But who should I call to have a taxi evacuated from the yard? It is recommended to immediately contact the state traffic inspectorate so that an employee can come out and draw up a report. Therefore, before calling anywhere to have a taxi evacuated from the yard, make sure that the motorist violated traffic rules.

Debunking myths about evacuation: are cars without license plates taken away?

By law, after purchasing a car, the owner has 10 days to register it. It is assumed that all this time you can drive without license plates. Meanwhile, anti-terrorism legislation prohibits leaving a car without a license plate in the following places:

• in a paid parking lot, since without a license plate you won’t be able to pay for parking;
• in crowded places.

In other places, a car that is not registered can be parked if there are no traffic violations. Thus, answering the question of whether it is legal to evacuate a car without license plates from a yard, we can answer the following. Such a car will be taken to the impound lot only in case of violation of the traffic rules described above.

What to do in case of illegal transportation

If you see a car being evacuated from the sidewalk of a yard, then it is better not to stand aside, but to approach the inspector and take part in his drawing up a protocol. In any case, the official is obliged to name and indicate in the document the reason for the evacuation. If you do not agree with the inspector's decision, then explain your objections. They must be included in the protocol.

You will have 3 months to appeal the protocol. To do this, you need to submit an application to the district court with evidence attached. These can be photographs showing the condition of the vehicle, the presence/absence of signs and their visibility to the driver, the parking location of the car (within the sidewalk or outside), etc. Eyewitness accounts will come in handy. You can appeal to procedural escalations made when drawing up the protocol. For example, the grounds for cancellation are the absence in the document of the place, date and time of compilation, the full name and position of the inspector, the absence of an indication of witnesses as witnesses or the entry of falsified information, etc.