Evacuation of abandoned cars: from the yard, from the parking lot, the law

Abandoned vehicles are found here and there in big cities. The local police are supposed to find such cars and send them to scrap, but very often the police do not have enough time for this. Management companies and owners of private territories often need to make efforts to clear their yard of auto junk on their own. After all, cars that have been parked in the open air for years not only interfere with landscaping, but can also provoke dangerous situations: fire, injuries to children who use old unnecessary vehicles as a toy. The evacuation of old abandoned cars must be timely and carried out based on regulations.

How to evacuate: step-by-step plan

Evacuation of cars abandoned by owners is carried out as follows:

1. You must submit a statement to the administration that there is an ownerless car in the yard. Indicate the exact location, color and model. You can attach a photo to make the search easier for government representatives.
2. The administration forms a commission of employees of the Internal Affairs Directorate, State Traffic Safety Inspectorate or OATI. They inspect the car, find out what condition it is in, whether no one really needs it or is it waiting for repairs.
3. The owner of the vehicle will receive a notice that the property must be removed from the property within 2 weeks.
4. If the owner of the car was not found or did not respond to the request, the car will be removed from the yard in any case, but now forcibly.

General procedure

• If the car is parked correctly, but no one is interested in it for a long time, you should contact the local police officer, law enforcement agencies, or the traffic police. It is important to find the owner.
• The car may be parked incorrectly - on the sidewalk, driveway. In this case, you also need to start searching for the owner. If they do not work, you should contact your local authority or recycling company. They know how to act in such cases, taking into account the law.
• You cannot independently evacuate someone else’s car; this can be defined as theft of equipment.
• You should not remain indifferent to an ownerless car. After all, someone might search carefully for this car; you need to notify the traffic police about the situation. This authority will quickly identify the owner. Equipment without control will quickly turn into scrap metal, it will be taken away for parts. To prevent this from happening, the appearance of a suspicious car must be reported to the relevant authorities.

What signs can be used to determine that a car has been abandoned? There are several of them, the main ones. A car left unattended takes on an improper appearance and becomes covered in rust. Signs of an accident may also be present. The equipment may not have license plates, and this is the first sign of its theft.

IMPORTANT! It is also suspicious if a car has been parked in one place for more than a month, but no one comes to it or checks it. The absence of important parts, such as wheels, clearly indicates ownerlessness.

Parking period for an abandoned vehicle

The parking period for an ownerless car is not regulated. Abandonment is determined not by time, but by appearance, grooming, and the presence of a license plate. If a vehicle looks decent, it cannot be considered junk.

Still, there is a period that gives the right to take certain measures, including evacuating an abandoned car from the parking lot and recycling it. It can be several months or even years if the owner abandoned the car for an indefinite period or has not driven it for a long time. If the vehicle has significant damage such as broken glass, headlights, crumpled, rusty body, then these are good reasons to recognize it as ownerless.

Addresses of abandoned car parking lots - how to find them?

Since 2015, new rules have been in effect in Moscow for vehicle disposal. If previously a rusty car damaged in an accident could be disposed of only after agreement with the owner, today the disposal process takes 120 days. Addresses for parking of abandoned vehicles in Moscow can be found on special resources. There is also a geographical map of abandoned cars with marked addresses.

Sale of abandoned cars in Russia

The sale of abandoned vehicles in the Russian Federation is carried out at special auctions. As a rule, these are rare cars that have their value among connoisseurs and collectors. They sell quite well. If a machine becomes of no use to anyone, it is sent to the workshop for subsequent disposal. Parts that are not damaged and have some value are removed.

What regulations governs

If you want to know how to evacuate an abandoned car, you should study Government Decree No. 569-PP of September 23, 2014 “On the procedure for identifying, moving, temporary storage and disposal of abandoned, including dismantled, vehicles in the city of Moscow.” The Resolution deals with how to correctly identify and remove vehicles that have been standing in the same place for years, where they can be temporarily stored, and what methods to dispose of them.

According to the law, both individuals and legal entities can address these issues to the governing bodies.

Procedure for cleaning up an abandoned vehicle

1. When a report of ownerless transport is reported, a commission goes to the site. She examines this or that car and draws up a report.

2. Then the search begins for the owner of the abandoned car.

3. The owner is given almost 1.5 months to clean his car on his own.

4. After this period, the car is evacuated to a special site.

And here’s what Natalia Vasilyeva, chairman of the local government commission, says further: “For 3 months, the abandoned car has been parked. Its safety is ensured, so that in the form in which it arrives, it will be given to the owner if he shows up.

If the owner does not appear, within a month the documents are sent to the court to recognize the car as the property of the municipality. But then comes recycling.”

If the owner is found when the car is already in the special parking lot, then he will have to pay all the expenses: the work of experts, a tow truck, storage. As reported in the explanatory note to the rules, the Kostroma budget will not incur additional expenses. Contractors will handle everything. Control is entrusted to the municipal inspectorate.

And all Kostroma residents can report abandoned cars. The City Duma has a hotline and its telephone number.

Signs that a car is neglected

Evacuation of abandoned cars takes place if the vehicle is truly ownerless. The car must be located on public territory - in a courtyard next to high-rise buildings, near an apartment building, on the roadway. If we are talking about a car that is parked on private property, then this concerns strictly its owner, and he himself decides how to dispose of his property.

How to evacuate an abandoned car? First you need to recognize it as trash. Such a car has the following characteristics:

• the owner abandoned the car, or they cannot find it;
• the vehicle is damaged beyond repair;
• the car is missing large parts - doors, wheels, tires, glass, etc.;
• no state numbers.

The last point is the most important. If license plates are present, the appearance of the vehicle may fade into the background, because in this case the car is considered the property of a certain person. And only he has the right to dispose of her, move her to another place and decide her fate. If in this case someone decides to independently move the car to another place or take it away from the yard, such actions will be illegal, this is theft of property, as stated in Article 35 of the Constitution of the Russian Federation. The owner will be right if he goes to court with a claim, as a result of which a criminal case will be opened in accordance with 166 of the Criminal Code of the Russian Federation.

There is an owner

If the car has an owner, then the evacuation of the abandoned vehicle must occur with his consent. He himself decides what to do next: give the movable property for repairs, put it in the garage, sell it for spare parts, or dispose of it.

Concerned neighbors who know the owner can talk to them and politely ask them to decide the fate of the car themselves. If he doesn’t care what happens to the car, then he may lose his rights to it. This is stated in the Civil Code of the Russian Federation. After the owner has lost his license, the forced evacuation of an abandoned car from the yard will not be considered an unjustified action. The main thing is to coordinate any decisions with local authorities and obtain their consent.

No owner

In the absence of the owner, the evacuation of ownerless cars is carried out to a special parking lot using a tow truck. Transport can be stored there for up to three months. All this time, local authorities are looking for the owner in order to negotiate with him and decide what to do next with his property.

If during this time no one has responded or claimed their rights to the object, the administration writes a statement and submits it to the court. The statement states that the found car can be considered ownerless. After which the court decides whether it would be advisable to dispose of it. If so, then the iron parts will be run through a press, after which they will be used to make spare parts or other full-fledged products.

Where to go

Where to call to evacuate abandoned cars in Moscow? You can contact your local administration for help. Also to the district prefecture or engineering service. Specialists will either take immediate action or advise what actions need to be taken so that the export procedure takes place in accordance with existing rules.

Solving other important issues

Additionally, if there is such an abandoned car in the area near the house, other significant issues may need to be resolved.

The most important of them is the identification of an ownerless car. If it is impossible to identify the owner of the vehicle, then it is classified as ownerless.

To remove it from the territory, you need to contact the traffic police, the Criminal Code or the local administration so that the car is evacuated to a car dump.

If you contact the prefecture, the agency’s employees create a commission that inspects the car, after which a report is drawn up.

This document is attached to the windshield of the car with a warning that the car will soon be towed.

Where else can you complain?

If there is no action from the local administration, you can submit an application to the prosecutor's office. If the decision of even this organization is not optimal, then the residents of the house will have to go to court.

Where can you complain if there is a long-abandoned car in the yard? Watch the video:

What steps is the prefecture taking in this case?

Car evacuation occurs in sequential steps:

• Initially, the residents of the house contact the above organizations;
• they conduct an investigation and determine that the vehicle is indeed abandoned, therefore it is imperative to remove it from the parking lot;
• the car is deregistered, if necessary, and then disposed of or sent to a landfill.

How to dispose of an ownerless car through the court

Often the administration and other organizations do not want to deal with this issue.

In this case, each person who is disturbed by such a car can independently take ownership of the car through the court, and then dispose of it.

This process will require the citizen to really spend a significant amount of money and time, so few people do this for the sake of an attractive appearance of the yard.

How to remove this vehicle

The evacuation of abandoned cars should not be solely a decision of neighbors or office owners. First you need to contact your local government and ask what to do in this situation. All steps must be followed before removal of an abandoned vehicle from a parking lot is possible.

The authorities will inspect the vehicle and determine its technical condition. They will also do everything possible to find the owner. If the latter does not appear in the near future, the decision on the evacuation of abandoned cars in Moscow is made by the court.

From the yard

If an old rusty car sits outside the windows for a long time, a natural question arises for residents: how to evacuate an abandoned car from the yard. The lack of numbers on it and poor technical condition gives every right to contact the authorities for a quick solution to the problem.

At the same time, local government employees often identify such trash in their yards themselves, and then register it. Typically they monitor the presence of scrap in the following areas:

• adjoining areas;
• arches, passages between houses;
• courtyard areas;
• places where city communications were carried out;
• garbage areas and so on.

Evacuation of an abandoned car from a yard follows the same rules as from a parking lot, private territory or public place. Evacuated vehicles are sent either to a special parking lot or directly to production, where the metal is processed.

From a disabled seat

There are few cases when a driver left a vehicle in a place intended for disabled people and went unpunished. Usually the traffic police monitors this and issues fines to those owners who do not have permission to leave their car in such a place.

This usually happens by accident or absent-mindedness and is eliminated very quickly. But it is much more difficult if disabled people leave their vehicles in suitable parking lots and forget about them forever. As a result, the object becomes unusable due to exposure to precipitation, vandalism and other negative phenomena. To remove vehicles, you need to do exactly the same as described in previous cases.

From private territory

What to do if you find an abandoned car on your property? After all, you can leave your car on someone else’s territory only with the consent of the owner. If a person does this silently, most likely he thinks that the existing rules will not affect him, and he maliciously violates them.

The owner of a vehicle may make the wrong parking location by parking in the wrong place. Even in this case, you have every right to collect a penalty from him. In another case, you can resolve the issue peacefully by asking the person to remove the vehicle and not leave it there anymore. If he goes into conflict, remember - the law is on your side.

How to evacuate an abandoned car from private property? If the owner of the abandoned car never shows up, the vehicle may remain on the property for several months, or even years. To remove it, clearing private property of clutter, you need to follow all the same procedures as when leaving a car in the yard, in a public parking lot or a place for the disabled.

Actions and complaints regarding abandoned cars

If the car cannot be transported independently to any place by the owner, then he has no right to leave it in the parking lot located in front of his house for a long time.

It is especially prohibited to place it in inappropriate places, for example, on playgrounds for children, sidewalks or flower beds.

Important! Cars in disrepair can only be located on the territory that belongs to the car owner, for example, in a garage or service station.

Residents of the house next to which such a car is installed should not take it anywhere on their own, as this is considered a really serious violation, even if the condition of the car is really terrible.

This is due not only to the fact that a lot of money will have to be spent on this process, but also the owner of the car may involve the police in the investigation, who will consider such actions as illegal, so if they find the person who transported the car, he will have to pay a significant fine.

Important! To legally remove a vehicle from the territory, you must contact special organizations.

Application to the traffic police about an abandoned car. Photo: s.properm.ru

Step-by-step instruction

When such a machine is detected, the residents of the building perform the following actions:

• Initially, you need to try to find the owner of the vehicle, and if this is accomplished, then you need to ask him to voluntarily remove the car from the territory;
• if it was not possible to find the owner or he refuses to remove the car from the parking lot on his own, then you need to form a statement submitted to the traffic police or the police; A sample application for an abandoned car can be downloaded below for free.
• Next you need to come to the to complain about the car.

The application, which can be sent to any of the above organizations, must be accompanied by photographs of a parking lot with a vehicle in disrepair.

Sample application for abandoned car.

The document also describes in detail the features of the machine, which really make it clear that it cannot be used for movement.

Rules for filing a complaint to the police or traffic police

To correctly contact these institutions, the following rules are taken into account:

• two copies of this document are prepared, one is transferred to the institutions, and the second with the signature of the official and the date of acceptance remains with the applicant;
• It is advisable to attach photographs of the car or other evidence, but the application will be accepted without them;
• the document indicates whether the car is parked with traffic violations, whether it is missing any important parts or has other significant features.

Important! If the applicant knows who the owner of the vehicle is, then it is advisable to indicate his full name and registration address in the application.

Is it possible to submit an application remotely?

The application can be submitted not only when visiting the traffic police, but also by sending it by mail.

Additionally, you can submit an online application on the website of this service. To do this, you need to find the Services tab and create a request.

Scheme of the prefecture's actions on the application of residents

First you need to submit an application, after which technical inspections carry out a series of actions. In three days, they are required to form a commission for a technical inspection of the object, find its location and conduct an inspection. They will also be sure to draw up an inspection report and take the required number of photos. After this, a search will be conducted for the owner - if he is found and takes action himself, this will greatly simplify the further procedure. If he does not want to do anything, the car is sent for three months of storage in a special parking lot.

As soon as the 3 months have expired, the local government submits all completed inspection reports of the property to the court. After this, the judicial authorities must confirm the ownerlessness of the vehicle and make the right decision regarding its disposal. After 15 days, you can begin to implement the court order. Local authorities enforce all instructions regarding the vehicle.

What to do if the car has an owner

If it is possible to find the owner of the car, then it is advisable to solve the existing problem peacefully.

To do this, you need to ask him to transport the vehicle to another place. If he agrees with this decision, then he needs to contact the traffic police to dispose of the vehicle, since first it is deregistered and then sent to a landfill.

Evacuation of an ownerless car. Photo: polar-online.rf

If a person does not want to carry out all the actions on his own, then the residents of the building can send a complaint to the traffic police, the police, the Criminal Code, or even to the court.

Important! The management company will require the car owner to pay the costs associated with storing and transporting the car.

Where to submit an appeal

Removing abandoned cars from yards is a fairly common cause of neighbor conflicts. Many cars occupy parking spaces due to faults, which require significant investment. And the neighbors are already ready to report the ownerlessness of the vehicle to the authorized authorities.

Evacuation of abandoned cars is possible only if a commission is drawn up and the vehicle is recognized as ownerless. You can submit an application to the court, the traffic police department and other organizations that prevent such situations.

The police say that evacuating abandoned animals is not their responsibility. Citizens need to contact local authorities only. And only then they themselves will call the competent authorities. The administration must also independently identify cases of ownerlessness. truck can be used for evacuation .

Every citizen can leave their application. Both oral and written requests from citizens are accepted . An electronic appeal is now available, where you can leave a message with the place of abandonment.

How to report? First you need to secure the abandoned car. For example, take a photo and send it electronically. If there are several people dissatisfied with the vehicle, then collect witness statements and also attach them to the application.

What to do if there are abandoned cars in the yard?

The legislation of the Russian Federation states that abandoned cars are considered vehicles that were seriously damaged as a result of a traffic accident, without glass or components. All of them are located in urban areas and are registered in separate departments. However, those vehicles that do not have license plates can also be considered abandoned.

The law states that even if scrap metal that looks like a car has license plates, it means that only its owner has the right to move it. Otherwise, it is necessary to go to court with the further possibility of confiscation of property.

Evacuation of abandoned vehicles

In order for the evacuation to be carried out and the territory to be freed from junk cars, it should be understood that there are clear criteria defining abandoned cars, which must be taken into account.

In addition, if people do not like the proximity of such a car and they suspect that the owner simply forgot about it, they should of course know where to go to resolve this issue, and how they can determine for themselves that the car claims to be abandoned.

In what cases is a vehicle considered ownerless?

A car can be considered ownerless if it has certain signs, both external and legal, that can directly say that the car has not been used for a long time and they do not care about its fate.

Of course, the main criterion will be the time during which the car was not used and no one saw its owner.

Next, you need to pay attention to the appearance of the vehicle, whether there is damage on it, and whether license plates are posted. All this together will give an understanding of whether anyone is watching the car.

Signs that a car is neglected

In order to somehow stipulate the recognition of a car as ownerless and at the same time not to take away a serviceable car that has an owner, it is necessary to understand what are the signs that the car has been abandoned and is now just wasting space.

So, the criteria could be as follows:

There is an owner

If the owner of the car exists and has even been identified by residents or responsible persons, then he must evacuate it from the yard or parking lot, and subsequently restore the car.

But if he refuses to carry out these actions, then, according to the Civil Code of the Russian Federation, he recognizes the termination of rights to the car, as a result of which local authorities can dispose of it.

Concerned citizens who know the owner personally can try to talk to him about the fate of the car, but if the owner is unwilling, he can turn to local authorities for assistance in disposal.

No owner

If the owner of the car cannot be identified, then the local authorities clearly decide to evacuate the car either to a special area for storage or to be driven through a press.

Usually the second option is chosen, after which the iron is sent for processing and other things are made from it.

Where to go

To have an ownerless car towed, you should not contact the traffic police, since this is not part of their list of powers.

They have the right to take the car to the impound lot only in cases where there is an offense related to traffic rules.

You must contact the administration of the locality, or the operational control service of the administrative and technical inspection.

If specialists do not take action, they will recommend where to go to carry out the car removal procedure.

For example, in Moscow you can call the number 8 495 912 42 45, and in St. Petersburg you can call the responsible local authorities by number.

How to remove this vehicle

To remove vehicles that appear to be abandoned, you must contact local authorities.

Only after following the procedure will the vehicle be removed if the absence of the owner and the poor technical condition of the vehicle are clearly established.

For what is the statute of limitations for traffic police fines, see the article: traffic police fines. Read about the fine for parking on a lawn here.

In this case, the matter is decided in court, after the authorities prepare an assessment of the car and take all measures to find the owner, but if the second point is unsuccessful, then of course the court will decide to dispose of the car.

From the yard

If there is a car in the yard that has been parked for a long time, and at the same time has poor technical condition coupled with the absence of license plates, then you should either contact the head of a particular zone, who will contact the local authorities, or do it yourself.

Moreover, sometimes local authorities themselves can identify the car and register it. Moreover, they must track such junk in certain areas:

• at the location of city communications;
• courtyard areas;
• areas intended for waste storage;
• passages between streets;
• adjacent areas;
• state parking lots.

How can you remove a car from the territory that has a legal owner?

If the owner is known in advance, but for some reason he does not want to voluntarily remove his property from public territory, then the residents of the house need to write a collective complaint against him to their management company or the chairman of the HOA. Representatives of these authorities must have a conversation with the owner and convince him to remove the car.

As an argument, you can remind him of the need to pay tax on the vehicle while it is registered with the traffic police. But, unfortunately, unscrupulous owners rarely independently remove junk cars that have stood for years in the local area. In this case, there are two scenarios:

1. Offer the owner assistance in evacuating. Part of the cost of operating a special machine can be recouped by delivering the metal to a collection point; the other part will have to be compensated at the expense of residents (for example, from general house needs).
2. Draw up a collective complaint on behalf of the majority of residents and file a lawsuit against the unscrupulous owner. In this case, the cost of legal fees will also have to be paid by the residents of the house. After the court makes a positive decision on the claim, the car can be towed without taking into account the owner’s opinion. However, all transportation costs will again be borne by the management company or HOA.

Owner definition

The following methods are suitable for searching for a potential vehicle owner:

• Resident survey. Especially other car owners in the yard or grandmothers who often walk near the entrance will be able to provide a lot of important information;
• posting advertisements on entrances and nearby notice boards. It is better to immediately indicate your phone number in them so that the search goes faster;
• placing an ad directly on the car. It is optimal to make it noticeable from afar (large and bright), so that the owner does not pass by and is sure to pay attention.