For what traffic violations will a car be taken to a parking lot?
Every driver is interested in the question: what offenses can cause his car to be towed away?
This list is very wide for 2021:
- first of all, you cannot park your car in a space allocated for parking a vehicle belonging to a disabled person;
- Parking on tram tracks is strictly prohibited;
- being in a state of intoxication, both alcoholic and narcotic (toxic), but only in the absence of signs of a criminal offense in this offense;
- when the driver refuses to be tested for intoxication, again if this violation does not contain signs of an act provided for by the Criminal Code of the Russian Federation;
- the driver does not have vehicle registration documents;
- a known malfunction of the steering device or braking system (an exception to this list of malfunctions is the parking brake);
- the driver does not have the right to drive a vehicle or is deprived of such a right;
- when the driver does not comply with the rules of road markings and road signs that directly prohibit stopping and parking a car in a given place. For the same violation, but only within Moscow and St. Petersburg as cities of federal significance, increased liability has been established;
- parking at the pedestrian crossing and in the five-meter zone in front of it. The exception is force majeure circumstances that provoke a forced stop. But the driver will have to prove this need himself, so he may have to turn to experts and qualified auto lawyers, which will entail additional costs. For Moscow and St. Petersburg, responsibility for these violations has also increased;
- illegal parking on the sidewalk. As in the previous case, the fine is higher for the two specified localities;
- when the dimensions and axle load of the vehicle are exceeded for large and heavy vehicles;
- if after the accident the driver at fault, despite the order of the policeman, continues to drink alcohol or take illegal drugs in the interval between stopping the car and the medical test for intoxication;
- if, when using a car for advertising purposes, a change in its design occurs that threatens road safety (for example, if the body of a vehicle is given the shape of the advertised product, which may interfere with the normal visibility of both the driver and other road users).
IMPORTANT !!! This list of grounds for detaining a car is exhaustive, Art. 27.13 of the Code of Administrative Offenses of the Russian Federation does not allow its expanded interpretation and the unauthorized addition of new circumstances to it.
How to prevent the evacuation of a car at a stop
To prevent the car from being detained and sent to the impound lot, the driver must take the following actions:
- Submission by the owner of the vehicle to the traffic police officer of the documents required by the traffic regulations before moving the vehicle to the impound lot;
- On-site elimination of clutch, brake or coupling faults (meaning a coupling as part of a road train);
- If the vehicle is parked incorrectly or stopped, the driver has the right, before the inspector calls a tow truck, to move the vehicle in accordance with the traffic regulations so that it does not interfere with the movement of other road users or pedestrians;
- Elimination at the site of the stop of violations identified by the traffic police officer when transporting large or dangerous cargo;
- Self-removal from driving a vehicle and transferring this right to another person, if the traffic police inspector has no claims against him, and the person himself has the right to drive a vehicle.
Based on the above points, we can draw the following conclusion that avoiding evacuation and the subsequent “headache” is difficult, but possible. The main thing is to prove to the inspector the readiness and ability to eliminate the identified violations at the stop site. For example, if the driver is not so far from home, then you can try calling friends or relatives and asking them to bring documents. The main thing to remember is the important nuance that in the protocol drawn up by the inspector on the fact of the violation, you must write in your own hand: “I undertake to eliminate the reason for the detention within 20 minutes at the place of stop.”
In what cases is evacuation obviously illegal?
Firstly, it is strictly prohibited to evacuate a vehicle with people inside. And also animals. After all, they may get hurt when moving the car to a tow truck. In this case, they must call the police and wait for the owner. Although there have been cases of evacuating a car with dogs inside, so owners should think carefully before risking the health and life of their pet.
The information on the signs must be supplemented by a sign indicating that a tow truck is operating within the coverage area of the markings and signs. If there is no such sign, evacuation will directly violate the requirements of regulatory legal acts. In this case, only administrative punishment is possible for the driver (fine or other sanctions provided for by the Code of the Russian Federation on Administrative Offences).
“Chaining” the car with various chains or cables to a fence or tree will also prevent evacuation, but only until the driver or police officer with the right to remove this cable or chain appears.
Tall SUVs with any property attached to the roof, most often a bicycle, will not be able to evacuate.
There is also a myth among drivers that twisted wheels are a sure cure for a forklift. But this is not so; tow trucks are increasingly appearing, where a car can be placed with any wheel position.
IMPORTANT !!! In all cases, the driver must eliminate the circumstances that served as the reason for the detention of his vehicle, if it is possible to do this immediately, for example, move the car to an authorized location.
In what cases is a fine issued for towing a car?
- Parking in violation of traffic regulations, for example, parking on the sidewalk.
- Failure to pay for a parking space.
- Violation of the requirements of road signs or markings that indicate a prohibition on stopping or parking.
- Faulty car.
- There is no vehicle registration certificate.
- There is no license or the driver has been deprived of one.
- The driver is drunk.
- Transportation of goods or people if the car is registered in another state.
Most often, cars are towed for violating parking rules. Check if the wheel is on the sidewalk, if there are markings under the snow or a sign in the distance
What is the procedure for sending a car to the impound lot?
In most cities of our homeland, the decision to detain a vehicle for violations of its owner will be made by an inspector of the State Road Safety Inspectorate. In the capital of the Russian Federation there is a slightly different unit responsible for road safety, this is the Moscow Administrative Road Inspectorate.
An identified offense will entail the drawing up of two important documents: protocols on the violation itself and on the movement of the detained car to the impound area.
Currently, to draw up a protocol in the absence of an offending driver, video recording is increasingly being used. But drawing up a protocol with the participation of two witnesses also continues to be used if the technical equipment does not allow video recording.
An act will also be drawn up with the tow truck driver, stating that the car will be transferred to him to move to a special parking lot. The report, in addition to standard information about the vehicle, lists visible damage. If any damage was not recorded in the report, then the driver has the right to demand compensation for damage. But this is a rather long and labor-intensive procedure, since it is only possible by filing a lawsuit in court.
If, nevertheless, the driver managed to do so before the tow truck began to drive away with his car on board, then the car cannot continue to be taken away. The vehicle must be moved from the side of the tow truck onto the road.
What to do in case of illegal transportation
Any citizen living in Russia can resist illegal evacuation. This problem can be resolved by filing an application to appeal against illegal evacuation.
In order to return your vehicle, you must show up at the impound lot and present the following evidence:
- printed photographs of the car;
- a ready-made complaint;
- screenshots of the panorama from the desired location
After visiting the impound lot, you can request a refusal in an administrative case. This will indicate that you have not violated any actions.
You can also show photographs. All these actions can be recorded in the protocol, and even better if you record the conversation with the inspector on a voice recorder.
If you receive a refusal, you can complain to the inspection and present all evidence to the court. The result of the appeal can be obtained within ten days.
In order to recover money for damage, you must go to court. Recovery of damages is carried out by the Moscow City Finance Department.
To prove your case, you need to appeal the following parties:
- third party MADI;
- Finance Department;
- MAPP employees.
To complete all actions, it is advisable to consult with a lawyer who will protect your rights and give the right recommendations.
The evacuation of a car to a parking lot for illegal parking in 2021 in Moscow is explained in the article: evacuation of a car to a parking lot for illegal parking in 2020. How to check the evacuation of a car, see the page.
Find out about the traffic rules sign about the evacuation of a car from this information.
How much money will it cost the driver to move his car to the impound lot?
It is impossible to give a single answer for all cities in our state. This is not fixed in any way at the level of federal legislation. It is not established at the level of constituent entities of the Russian Federation. Each city will have its own tariff for this amount, because it is regulated by municipal regulations.
Here are some examples in large millionaire cities, valid for 2021, for standard passenger cars (with engine power not exceeding 250 hp).
- For Moscow, the first day of a car’s stay in the impound lot costs 5,000 rubles. All subsequent ones – 1000 rubles each (no more than 60 days).
- In St. Petersburg, moving and the first day will cost from 1,500 to 7,000 rubles, then payment is charged hourly - 40 rubles for each hour the car is detained.
- In Novosibirsk, evacuation will “ruin” the owner by 1,750 rubles for the first day and 44.8 rubles for each subsequent hour.
- The Yekaterinburg authorities are more loyal than the Novosibirsk ones, so the tariffs are lower: 1649 for moving and 33 rubles/hour for storage.
- In Nizhny Novgorod, the price of evacuation is fixed at 1,890 rubles, 12.5 rubles per hour of storage time at the impound area. Moreover, unlike the above cities, this price is for all categories of vehicles.
How to find where a towed car was taken?
Often the first thought of a car owner who has lost his vehicle due to its evacuation to a impound lot is: “Who should I call?” The situation can be complicated by the fact that in a large city there may be several places where seized vehicles are stored.
Therefore, it would be more advisable to dial the police number (102), where they will tell you the phone number of the impound lot and the procedure for returning the seized car. Most often, they will be redirected to the duty station of the relevant traffic police unit for a given locality.
Websites of car enthusiasts of a given city can immediately tell you the telephone number of a parking lot for evacuated cars; fortunately, they are available in almost all major cities of Russia.
How to return a vehicle that has been impounded?
For such a return, permission is required from the inspector of the traffic police unit (MADI) who recorded the offense committed in his protocol. The registration certificate, driver's license and compulsory motor third party liability insurance policy make up the list of documents necessary to return the car to the owner.
Depending on the jurisdiction of which body brings administrative liability, the driver will be issued either a protocol on the offense committed (if judicial review is necessary, for example, when depriving the driver of the right to drive), or a resolution to impose a fine.
The inspector will also make a note in the arrest report indicating that the vehicle has been released to the owner.
With these documents and after paying for the storage time and evacuation itself, the car owner has the right to get his property back. Refunds are made without any delay. If the reason for the detention has been eliminated, then payment for evacuation is not made. This is a legal requirement that is not always observed by those in charge of the penalty area.
What to do if your car is damaged during evacuation after an accident or breakdown
When calling a tow truck for a car, some owners cannot travel with the vehicle. The tow truck driver is issued a special document. The keys are also transferred along with the power of attorney. But none of the parties records in writing the condition of the car. Without a document, it is impossible to prove that defects on the car arose as a result of transporting it to its destination.
When evacuating, you should take care of evidence in advance. If you have a camera or camera at hand, you need to take the time to photograph the car from all sides and set the shooting date . In addition, it is necessary to describe in detail the property in the car .
It is important that the document be signed by another citizen, ideally this should be the tow truck driver. If he refuses, then you can turn to any person who is not interested in the outcome of the case.
If something goes missing in the car or it is damaged, all evidence is included in the lawsuit. It will be prepared in the event that the company that caused the damage does not voluntarily acknowledge it and does not want to compensate for it.