What to do if a disabled person’s car is towed - instructions and rights of a disabled person in case of car evacuation

Can I appeal a fine for parking in a space designated for the disabled? Let's look at this issue from the point of view of legislation and practice.

An offense such as parking in a disabled space without meeting this criterion is highly condemned among motorists.

The size of the fine for such parking is especially interesting, because in the legislation there is a tendency to tighten penalties in the field of road safety.

If the fine has already been issued, is there any point in appealing it? The paradox of the situation is that in certain cases, even a disabled person can become the subject of offenses and be subject to monetary penalties for state income.

In what cases is it legal and illegal to evacuate a disabled person’s car?

Can a disabled person's car be towed? Of course yes. However, this can happen legally or illegally. In some cases, special rules apply to this category of drivers. For example, if a car is parked under a prohibitory sign, it cannot be towed. In what cases are sanctions legal and in what cases are they not?

Illegal

According to the law, it is impossible to evacuate a disabled person’s car in the following cases:

Because of the sign, parking is prohibited, this rule applies to signs that prohibit parking at all times or only during certain hours or days.
Due to other road signs, in some cases they may be supplemented with signs specifically allowing disabled parking.

It is important to note that these rules only work if the car has an appropriate sticker that meets the established standards. If there are no markings on the car, delivery to the impound lot will be completely legal and challenging it will be problematic.

Legal

Do they have the right to tow a car with a special sign legally? There are a number of situations when a disabled person’s car can be taken to an impound lot quite legally:

If parking occurred on tram or railway tracks;
If a car occupies a bike lane;
If the car is parked less than 100 meters from a dangerous section of the road;
If the driver parked it in an area where there is less than 3 meters from the curb to the solid line;
If the distance to the pedestrian crossing is 5 meters or less;
If the car is parked in a special place, but there is no disabled sign on it;
If the driver is under the influence of alcohol or drugs;
If there is a malfunction of the steering or brake system.

When does transportation take place?

According to the rules for transporting cars in 2021, vehicles that are not equipped with special signs are subject to evacuation from a parking space for disabled people to an impound lot.

This rule applies even if the driver has a medical document confirming the disability group.

If the car does not have the markings required by law, the traffic police inspector can legally draw up an administrative protocol on the detention of the vehicle and evacuate it to the impound lot.

If the driver presents medical documents to the traffic police officer before the tow truck arrives, the car will not be moved from the parking lot.

Disabled parking spaces

In parking lots, special spaces must be allocated for cars of disabled people or vehicles carrying them. Only a car with a sign can stop at this place. Any other car will be evacuated from the disabled parking lot to the impound lot.

The size and number of parking spaces are established by GOST. Near public institutions there must be at least 10% special parking spaces for persons with disabilities. If parking is located near a medical institution whose services are used by people with musculoskeletal diseases, their share increases to 20%.

In addition, according to the new current rules, disabled people of the first group, as well as persons transporting disabled children, can use paid parking on preferential terms. People with the second and third groups will use them on a general basis.

Features of places for disabled people

Requirements for car seats for disabled people:

All parking lots must have 10% of parking spaces reserved for disabled people. Otherwise, the responsible official is fined in the amount of 3-5 thousand rubles, and the legal organization in the amount of 30-50 thousand rubles (Article 5.43 of the Code of Administrative Offenses of the Russian Federation).
Such areas must be equipped with special road markings and special signs. They can also be installed separately from the markings. For example, in the winter season, when the identification pattern on the asphalt under the snow is not possible to see.

Special parking spaces are intended for cars of disabled people (groups I, II) and vehicles that regularly transport people with disabilities. Such vehicles are subject to special requirements: a special “Disabled Person” sticker with a yellow background must be installed on the front and rear. Its size is 150mm*150mm.

Similar signs can be purchased at any automobile store. However, their installation on a machine is only permissible if there is a permit. For its illegal placement on a vehicle, a fine of 5 thousand rubles is provided (Article 12.5 of the Code of Administrative Offenses of the Russian Federation) with mandatory confiscation.

What should a disabled driver have with him?

Regardless of whether a disabled person’s car was evacuated or not, the driver must have with him:

Driver's license;
OSAGO policy;
Certificate of state registration of the vehicle;
A certificate confirming the disability of the driver or passenger.

A disabled vehicle must be equipped with a sticker of the established type. However, the traffic inspector may at any time request to present a document confirming disability if the corresponding sign is installed on the car, that is, the driver or disabled passenger must have it with him. The driver's license does not include a note about the driver's health status. To confirm disability, a pension certificate with the corresponding label can be used. If the “Disabled” sign was installed illegally and, upon inspection by a traffic police officer, it was discovered that neither the driver nor the passenger had the required certificate, such an action is punishable by a fine of 5 thousand rubles. For a legal entity, the penalty may be 500 thousand rubles.

Signs on a disabled person’s car - where to get them and how to check the legality of the sign on a car?

Special marks and signs must be installed on the car of a disabled person or a citizen transporting a disabled person . Otherwise, it will be impossible to identify such a vehicle - it will simply be mistaken for the car of an ordinary citizen.

What should be the sign on a disabled person's car?

The sign must meet the following requirements:

The size must be at least 15 by 15 cm.
The sign represents a person in a wheelchair. Presented in black.
The background of the sign is yellow.

The sign must be installed on the front and rear glass.

Where can I buy a disabled person's sign for a car?

You can buy a handicapped sign at any auto store. Any citizen can purchase it.

Proof of disability is not required when purchasing a sign. The sign is for sale in the form of a sticker.

How to check the validity of a disabled person's sign on a car?

Not every citizen can install it. First of all, it can be the disabled person himself (group 1 or 2) - or the person who transports the disabled person.

To check the legality of installing a sign on a car, the traffic police inspector must request certain documents .

The driver must have with him:

A special medical certificate stating that he is disabled. If a passenger with limited mobility is being transported, he must have the appropriate documents on hand.
Disabled person's certificate. The driver or passenger can also provide.
Parking permit. In some Russian cities, citizens with disabilities are issued a special document - a parking permit. This paper is issued by traffic inspectors. The document can replace a medical certificate.

It is this documentation that confirms that a person can use this sign on his car.

In Russia there is no single database where disabled people can register their vehicles. It would make it easy and simple to check the legality of installing a sign on a car.

The difficulty is that a disabled person needs to confirm the group and undergo a medical examination every year. Every year the status and right to install the sign is confirmed.

What marks should be on the car?

A sticker must be installed on the rear and front windows of a car used by a disabled person. On the windshield it is located in the lower right corner, so as not to interfere with the driver’s view, on the rear – on the lower left side. The size of the sticker must be at least 150 by 150 mm. If the sign is not visible, the evacuation of the car will be considered legal. Citizens of the following categories can install such a sign on their car:

They themselves are disabled people of the first and second groups;
Persons transporting disabled people of the first two groups;
Parents whose children have any disability group;

If a healthy driver is driving a vehicle, the sign must be installed only when a disabled person is directly in the vehicle. It is easy to purchase such stickers; they are sold at any auto store. There is no need to present proof of disability upon purchase.

Grounds for detaining a vehicle

The legal basis for detaining and sending a car to a impound lot is the absence of documents confirming disability and identification markings:

special signs “Disabled” on the windshield and rear window of the car;
medical certificate confirming disability, disability certificate;
data in the traffic police register about vehicles of the corresponding category.

Attention! A traffic police officer is not required to check whether a vehicle is in the register of vehicles driven by disabled people.

Failure to comply with the requirements of the Code of Administrative Offenses of the Russian Federation regarding the installation of a special sign on a vehicle is grounds for evacuation of the vehicle to a special parking lot.

In cases where the fact of unauthorized use of the “Disabled” sign on a car is established, in addition to the administrative fine for improper parking, a fine is imposed for the illegal use of permit signs.

In addition, the offender is required to pay the costs of transporting the car and security services at the impound lot.

What should the owner do if the car is taken to an impound lot?

If a disabled person’s car is taken away by a tow truck, his actions should be exactly the same as those of any other driver. First of all, you should make sure that the car is not stolen. To do this, just dial 02 or the traffic police. The dispatcher will forward the call to a special department, which will clarify whether the car is in the impound lot.

Next, if the car has been towed, the following actions must be taken:

We find out which impound lot the car is in.
We collect a package of documents: a certificate from the traffic police giving the owner the right to pick up the car, title documents for car ownership, compulsory motor liability insurance policy. If the car will be picked up not by its owner, but by another person, a notarized power of attorney will be additionally required.
We check for any damage that was sustained during the evacuation.
We draw up and sign the acceptance certificate;
The impound lot can no longer hold your car, you can drive away.

Often, even when evacuating a disabled person’s car, minor damage is caused to it, usually the paintwork is damaged. If any are present, they are necessarily recorded, after which the citizen has the right to recover damages.

Responsibility for parking in disabled spaces

All parking lots for disabled people, in accordance with the established rules regarding other places, are closest to the entrances to cultural, entertainment and other institutions, so other drivers who do not have the appropriate status often park there.

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This is considered an administrative offense for which liability is provided:

fine 5,000 rubles;
forced evacuation of the vehicle.

Read more about penalties for illegal parking in disabled spaces here.

The traffic police inspectors themselves call tow trucks extremely rarely, and mostly during entire raids for violations of parking rules. In this case, all cars parked in violation of traffic regulations will be evacuated.

If we are talking about an isolated case, most likely the violating driver will only face a fine of 5,000 rubles, although the traffic police officer has the right to decide to evacuate the vehicle.

In some regions, instead of the traffic police, municipal employees who carry automatic devices for recording violations inspect parking lots. If an incorrectly parked car is discovered by them, they will not be able to evacuate it due to lack of authority, but a fine will be issued to the driver and sent to the owner in the form of a decision to prosecute with a photograph of the location of the violation.

Do I have to pay for illegal transportation of a vehicle?

The cost of tow truck services and storage of the car in the impound lot is determined by local authorities. The price also depends on the category of the car. Thus, for the evacuation of a car with an engine power of less than 80 hp. in Moscow you will have to pay a fine of 3 thousand rubles. If the power indicator is higher, you will have to pay 5 thousand rubles for towing the car.

If the towed vehicle was taken to the impound lot illegally, the owner can challenge the actions of law enforcement officers. To do this you need:

Make an application;
Collect all the necessary documents confirming the driver’s eligibility;
Contact the State Traffic Safety Inspectorate.

If the problem cannot be resolved pre-trial, the dispute can be resolved in court. The application should be submitted at the location of the traffic police department or towing company.

Disabled drivers have a number of benefits when parking a car. However, you need to further familiarize yourself with your rights.

How much does it cost to tow a car in 2021?

The cost of vehicle evacuation in 2021 is set by each region independently, i.e. there is no single tariff. In addition, the cost may also depend on the type of vehicle.

For example, the cost of a parking lot in Moscow for the evacuation of a category B passenger car (with engines from 80 to 250 hp) is 5,200 rubles for the first day and 1,000 rubles for each subsequent day.

The cost of evacuation in other regions is usually slightly lower. You can find prices for your city yourself.

Installing signs on a car

“Disabled” stickers can be freely purchased in all specialized stores . But this sign is installed only if the relevant documents are available.