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.
“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.
What to do in case of illegal transportation
If the car has already been taken away, then the driver needs to call 02, 211, or dial the telephone number of the territorial traffic police department, if the motorist knows it.
This must be done in order to make sure that the car was not stolen, but was, in fact, taken away by a car towing service. Next, you should take a closer look to see if there is a sign about a tow truck.
When there is no such sign, you need to photograph the area where the car was previously parked. Then file a complaint with the court, the magistrate will be able to make a ruling on the basis of which the driver can pick up his car without paying a fine from the impound lot.
Towing a car to a special parking lot is not a prohibition, but a punishment for violating the prohibition. If there is no sign, then they do not have the right to evacuate. Especially when the driver is nearby.
The sign allows drivers to remember the punishment - arresting the car in a paid parking lot, where storage services are quite high, and in total such storage is very expensive.
Experts recommend not to violate prohibitory signs at all, especially those under which there is a “Tow Truck Operating” sign.
What are the grounds for towing a car to an impound lot in 2020 are described in the article: towing a car. See the page for steps to take when evacuating a car to an impound lot.
Find out what the impound parking fee is for the first day from this information.
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.
What you need to know
The “Tow Truck Operating” sign is no less important than any other road sign. Ignoring its instructions will be an offence.
It is punishable by a fine, as well as a special penalty - forced transportation of the car to a impound lot. To return it you will have to pay a considerable amount.
What does this traffic sign mean?
A sign with a tow truck marked on it indicates an area within which it is possible to take such a measure as sending an illegally parked car to a parking lot.
It is usually installed with a sign prohibiting parking and stopping. The plate has a standard size and a strictly defined type of image. Any deviations from the standard may mean that the sign was installed illegally.
On what principle does it work?
The “Tow Truck Operating” sign warns the driver that if the prohibitory sign with which it is installed is violated, certain measures will be taken.
In this case, it means forcibly removing the car and moving it to an impound lot.
All car owners who park their cars in the action vector of such a sign should be aware that in addition to the fine for improper parking, they will have to incur additional costs.
This sign is an additional, explanatory sign and cannot be installed separately.
With what signs is it installed?
Plate 8.24 is only valid in combination with the main sign. This could be any sign prohibiting parking or stopping.
An additional sign is always installed strictly below the main one. Placement on the side or on top is not allowed. The coverage area of the sign and the coverage area of the main sign always coincide.
Sometimes the sign “Tow Truck Operating” is included in a whole complex of prohibitory signs and their explanatory additions.
For example, parking may be prohibited only on weekdays, as indicated by a corresponding sign.
Accordingly, evacuation of cars parked in the area covered by the sign is possible only on these days and is not carried out on weekends.
A sign with additional information may also be adjacent to a sign prohibiting parking in a given location on even or odd days.
Accordingly, a car towing sign with a crossed out line or two warns the driver that his car can be detained and taken to the impound lot only on the corresponding day. On other days, parking in this place is permitted.
Where can a car without a tow sign be towed?
The absence of a special sign does not mean that a parked car will not be towed.
Do you need a diagnostic card when applying for compulsory motor liability insurance in electronic form in 2021, see the article: Is a diagnostic card needed when applying for compulsory motor liability insurance? Is it legal to evacuate without a sign? Does a tow truck work in 2021? Read here.
If it interferes with traffic and creates a danger for other participants, the inspector has the right to call a special vehicle to solve this problem.
Without a sign, you can evacuate in the following cases:
| The driver has no documents | Allowing him to drive a vehicle |
| The driver shows obvious signs of intoxication | Or refuses to undergo a medical examination |
| The car has a problem | With a working brake system |
| The car is parked | In the transport tunnel |
| Parking done | At a zebra crossing |
| Transportation rules violated | Dangerous, large or heavy cargo |
| In any situation | If an incorrectly parked car interferes with the normal movement of vehicles and pedestrians |
A car that has violated the parking rules, but does not create interference for other road users, can be towed only if there is a sign indicating this.
In other cases, the actions of the traffic police officer who called the tow truck will be illegal.
Procedure for transporting a vehicle
Vehicle evacuation is carried out according to certain rules. Failure to comply with them on the part of the traffic police officer gives the car owner the right to appeal and cancel the detention of his car as illegal:
| During evacuation, the presence of an inspector is mandatory | It is to him that the emerging car owner can turn all his questions. Carrying out work without the participation of a police officer is illegal |
| Before loading begins, the inspector draws up a protocol on the violation | Where a link to a specific article of the Code of Administrative Offenses, the date and place of the commission is indicated. The protocol is signed:
|
| If the driver is present when drawing up the protocol | He has the right to add his own objections and explanations to it. |
| All doors of the evacuated vehicle must be sealed | — |
| At the insistence of the owner, an inventory of things is drawn up | Left in the car, damage and defects present on it. The inventory may be accompanied by photographs of existing damage. |
The driver, who arrived at his car before loading and presented documents for it, has the right to freely pick up the car.
He also has the right to stop loading that has already begun but has not yet been completed. There is no need to pay for the work of a tow truck in such a situation.
Only a fine is issued for illegal parking. Evacuation of a car with passengers or driver inside is prohibited.
Video: A tow truck is working - innovations in the law
Actions of the owner if the car is not there
Having discovered that a parked car is not there, you must first make sure that it was evacuated to the impound lot and was not stolen.
If the information about the seizure of the car is not confirmed, you must write a report of the theft to the police.
It is best to start finding out the location of your property by calling 02 or 112.
The traffic police duty station will tell you the number of the evacuation service or immediately provide information about whether the car was actually towed and where exactly.
The address of the parking lot to which the car was delivered is not always located in the immediate vicinity of the location of the violation.
The first day the car is in the impound lot is not paid for, so it is advisable to pick it up as soon as possible. A permit will be required to return the vehicle.
Such a document is issued at the traffic police duty station. This service, like the special parking lot, operates around the clock.
To obtain a permit, you will need to present a passport, documents confirming your car license, and a driver’s license.
The traffic police officer will check the MTPL policy himself, using a single electronic database.
If his representative acts on behalf of the owner, he will also need a power of attorney.
Simultaneously with the permit, a protocol on the recorded offense will be issued and a resolution on payment of the fine, the work of the tow truck and the cost of storing the car in a special parking lot (if it is issued later than one day later).
The protocol, along with your passport, license and vehicle registration certificate, must be presented at the parking lot to pick up the car.
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.
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.
How to find out if a car has been towed
If, upon returning to the place where the car is parked, the motorist does not find it there, then he must immediately take action to find out the location of his vehicle. In this case, there are two options: evacuation or theft.
The first step is to call the traffic police (02 for landline phones, 102 or 112 for mobile phones) or contact the nearest department of this government agency in person. After the car is detained and evacuated, information about this is immediately sent to the state traffic inspectorate. But you need to keep in mind that if the car was sent to the impound area a few minutes ago, then information about this may not yet be received by law enforcement agencies. In such a situation, you can try interviewing passers-by, asking for video recordings, or try calling the state traffic police a little later. If there is a sign prohibiting parking near the place where the car is parked with a sign indicating that the evacuation service is operating, then the likelihood that the car is in the impound area is very high.
Attention: If the traffic police reported that there was no information about the detention of the specified vehicle, you should immediately contact the police with a report of theft.
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.
Illegal road sign
Which driver has not been fined?
There probably aren't any. Well, at least some got off with a warning. And in fairness, it should be admitted that the traffic police officers are mostly right in this regard. But it also happens quite the opposite, when they use road signs as a tool to provoke violations. In this case, money is the goal! And it is achieved by all means, even unsuitable ones. Including the installation of road signs in a provocative place and the use of signs that do not comply with the Traffic Rules of the Russian Federation.
For example, speed limit signs are installed on high-speed sections of the road or signs in areas of low visibility, behind obstacles. And there are also signs that are obviously damaged or deliberately manufactured in violation of current standards.
A special position regarding the effectiveness of taking money from drivers belongs to sign 8.24. (A tow truck is working) Traffic regulations of the Russian Federation, which applies in the coverage area of road signs 3.27 - 3.30 Traffic regulations of the Russian Federation.
Business projects are specially created for it with the participation of municipalities, the traffic police and commercial structures in the form of specialized parking lots.
This business project works very simply and effectively; it’s not without reason that you can find it in many localities around the world. This is not a Russian invention - it is imported, successfully legally integrated into Russian administrative management.
How does a business project work?
Part one
In special places, where there is a need for drivers to park, road sign 3.27 (Stopping is prohibited) is installed on the basis of a municipal resolution.
with two signs below it: 8.21 (Validity area of the sign) -
and 8.24. (A tow truck is running) —
To work with these signs, special traffic police crews are allocated, one person in which is vested with special powers to apply administrative liability to offenders.
These traffic police crews supervise and give instructions to special crews of car tow trucks working on behalf of a specialized car park operating as a commercial business entity with the main activity of towing cars and storing them.
There will always be a driver who, out of desperation, will risk stopping in the area covered by these signs.
In the absence of the driver of the car, traffic police officers draw up a report on the detention of his car, hand it over to the driver of the tow truck, who delivers the detained car to a specialized parking lot. And it is returned to the driver only after payment for the work of the tow truck and the storage time in the parking lot.
However, in some places, for example in Moscow, after high-profile public court cases, drivers can pay for such “services” of a special parking lot within 30 days after the car is returned to him.
Important! The operation to seize funds from drivers cannot be executed if the car is returned to its owner according to the law (Clause 10, Article 27.13 of the Code of Administrative Offenses of the Russian Federation).
Part two
In what case can traffic police detain and evacuate a car to a specialized parking lot? Only if there is a road sign 8.24.
By the way, pay attention to the location of sign 8.24. in their localities. What kind of sign does it work with, how is the influx of “clientele” under it ensured, how are traps organized, schemes for attracting drivers under the influence of this sign.
Such revenue zones in populated areas are organized in the most visited places, where drivers are guaranteed to commit violations, which is what is needed to replenish the local budget. And not only this, there are many schemes.
I am convinced that there will almost always be an order from the local administration in this regard, which states that the organization of traffic in a specific area of coverage of these signs is ensured in the interests of road users and residents of the locality.
But it happens that there are no such orders. And then the matter smells like criminal kerosene for all participants in this business project. Why? Read on!
Part three
“It’s nothing personal, and we’re even ready to return the car right away, however, if you pay for the “services” for towing and storing the car.”.
This is a standard phrase for such specialized parking lots, to which the traffic police supposedly has no direct relationship, but only an indirect one - contractual.
But this is not the case, since the decision to return the car is made by the traffic police, which is indicated in the report on the detention of the vehicle. Specialized parking lots are only technical executors of the orders of traffic police officers vested with special powers for this purpose.
Part four
According to clause 10 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation: “The return of detained vehicles to their owners, representatives of the owners or persons carrying the documents necessary to drive these vehicles is carried out immediately after the reason for their detention has been eliminated.”
So what is the real reason for the detention? If only the stop was in a prohibited place, then by law the car must be released from the parking lot immediately along with its owner. Or maybe the reason is something else - the taking of money from the owners of seized vehicles? Then comes the very moment of truth - First the money, and then the return of the car!
But it happens that a car is detained even with a damaged sign 8.24., as in the photo, for example, and, therefore, non-working, because it does not meet the requirements of the Russian Federation Traffic Regulations - illegal.
Illegal? Certainly! Then what is this “business” called - Extortion (Article 163 of the Criminal Code of the Russian Federation) or just Abuse of Official Power (Article 286 of the Criminal Code of the Russian Federation)? Perhaps it’s both.
Regarding keeping a car in a parking lot against mandatory payment, this is Article 163 of the Criminal Code of the Russian Federation. And regarding the detention of a car without legal grounds - Art. 286 of the Criminal Code of the Russian Federation.
Part five
It seems that the traffic police officers who service such business projects must definitely be interested in its outcome. After all, in order to work in this project, they must be given special powers to bring drivers to administrative responsibility and bear the risk of liability for their actions. By the way, it is precisely these powers that make them “extreme” and responsible under Art. 286 of the Criminal Code of the Russian Federation.
Traffic police officers are different and therefore some of them, out of thoughtlessness, behave with drivers in full confidence that they are right when detaining cars and do not understand that they themselves are committing an offense.
But there are other employees who deliberately commit violations, relying on their superiors. However, their intent is established through investigation.
Part six
What is more important is the penalty from under the sign 3.27. or income from the sign 8.24.? And this is the most important question and the answer to it is obvious. A fine is a small thing compared to the “services” of a special parking lot. The difference across the country ranges from 3 to 10 times. Especially on holidays and holidays
Clause 1.1. The Road Traffic Rules of the Russian Federation establishes that the Rules establish a uniform procedure for road traffic throughout the Russian Federation. Other regulations relating to road traffic must be based on the requirements of the Rules and not contradict them.
And it is assumed that any ordinary traffic police officer, just like any ordinary driver, is obliged to know that all road signs must comply with the traffic rules of the Russian Federation. More precisely, Appendix No. 1 (Road signs), and even more precisely, GOST R 52 289−2004 and GOST R 52 290−2004. Otherwise, such an ignorant traffic police officer is not a professional, at least.
Neither an ordinary driver nor traffic police officers have the right to be guided by unsuitable, invalid, illegal road signs.
And if the money is taken under a damaged sign 8.24., then it is even easier for the attackers to hide the money, since it is not subject to accounting, especially when an application to replace the damaged sign has already been submitted.
The amount of damage caused to drivers depends on the number of cars with an unusable sign 8.24. and delivered to a special parking lot, which affects the qualification of the actions of such “businessmen” under Article 286 of the Criminal Code of the Russian Federation. And this little kerosene “smells” for up to 10 years in prison, by the way!
PS This is a 8.24 sign on a scale according to GOST R 52 289−2004 and GOST R 52 290−2004
My recommendations
- do not violate Russian traffic rules
- If you nevertheless violated traffic rules, record your offense in any way acceptable to you. It is not known how else this material may be useful
- appeal all actions of traffic police officers if you consider them illegal. Don't let them do something like this in the future.
- Be careful and protect your rights.
Good luck to everyone in your endeavors!
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The publication was prepared using materials from the information and legal portal Consultant Plus (https://www.consultant.ru)
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You took the car. What's next?
So, you took the car. At this stage, you have not paid a penny , you have the following documents in your hands:
- decision to bring you to administrative responsibility
- arrest report
- protocol on administrative offense (optional)
- invoice (receipt) for payment for tow truck services
Now our task is to appeal the decision to hold you administratively liable.
By the way, you can appeal the decision even if you still paid for the tow truck services.
Appealing a decision on an administrative offense
You can appeal a decision in a case of an administrative offense according to the rules of the Code of Administrative Offenses of the Russian Federation. You can appeal to a superior manager or to court. I suggest appealing to the court.
In order to effectively appeal a decision to hold you administratively liable, you can:
- contact a lawyer to write a complaint against the decision;
- write a complaint yourself; For your own writing, I suggest you use my sample. It needs to be slightly modified to suit you.
A sample of writing a complaint against a decision in a case of an administrative offense for parking in the wrong place (parking).
If you appeal the decision to hold you administratively liable, the decision will enter into legal force only after consideration of your complaint. In this way, you will delay the moment the decision to bring you to administrative responsibility comes into force. Accordingly, the services of tow trucks can be paid only after the decision in the case comes into force.
The decision came into force
And now the moment has come when the resolution in the case of bringing you to administrative responsibility entered into legal force. From now on, you will have to pay the fine that was imposed on you.
Cases when a car is towed
According to Article 27.13 of the Administrative Code, the car is transported to the impound area in the following cases:
- use of alcohol, psychotropic or narcotic drugs by the driver;
- brake system malfunctions;
- violation of heavy cargo regulations;
- if the car has stopped in a place where it interferes with the movement of other vehicles;
- parking on the Zebra crossing or 5 m from it;
- parking on tram tracks, as well as further than the first row from the edge of the sidewalk.
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- Blogger
Sometimes stopping a vehicle may be prohibited by markings. Such prohibition lines are marked with yellow or white lines. In most cases, the markings repeat the signs.
When did the law come into force
Until 2013, the car evacuation sign was not regulated in any way by legislative acts. However, in 2015 the situation changed. The Code of Administrative Offenses was amended and penalties for violations were established.
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Please note that the changes affected only those cases where the driver violated the requirements prescribed by road signs or markings where stopping or parking is prohibited.
It should be borne in mind that the places where you cannot stop and park are clearly indicated in the traffic rules, and no changes have occurred here.
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Have you been evacuated?
Let’s imagine a situation where your car was “stolen” . You categorically disagree with this and you don’t want to pay for the “service” imposed on you. What to do in this case? First, find out where the car was towed. The telephone number to call in such cases can be easily found on the Internet.
The evacuation process itself consists of two elements:
- administrative offense for violating traffic rules
- payment for the services of a commercial company that transported your car
Those. Not only the budget is filled, but also the “pocket” of the company that carries out the evacuation of the vehicle. Moreover, the evacuation itself is greater in monetary terms than the fine.
The fine goes to the budget, but payment for evacuation goes to specific people on the ground. Therefore, the entire evacuation process is interesting only from the point of view of payments for the “commercial part”.
