Payment for tow truck services to the impound lot

Is it possible to pick up a car from an impound lot without paying?

The procedure for returning a vehicle is prescribed in the Administrative Code, Article 27.13. Previously, a car could only be returned by paying off the debt for the impound lot. In the summer of 2021, amendments appeared that give car owners the opportunity to pick up their car from the impound lot immediately and without payment, as soon as the reason for the detention is eliminated.

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To pay for transportation and parking space in the impound lot, 60 days are given from the date of the decision (not counting the 10 days allotted for appealing the fine).

Normative base

According to the current legislation (Administrative Code of the Russian Federation), the reasons for the detention and evacuation of a car to an impound lot are as follows:

• improper parking: in places, about (clause 2 of Article 12.19), public transport and taxi stops (clause 3.1 of Article 12.19), closer than 5 m from a pedestrian crossing and on the sidewalk (clause 3 of Article 12.19);
• the car interferes with the movement of other vehicles or pedestrians (clause 3.2, clause 4 of Article 12.19);
• the car has malfunctions for which operation is prohibited (clause 2 of article 12.15);
• the vehicle is driven by a citizen who has been deprived of this right by court (Clause 1, Article 12.13);
• the driver is under the influence of psychotropic substances - alcohol, drugs (Article 12.26, paragraph 3 of Article 12.27), including if he refuses to undergo a medical examination (Article 12.26);
• the regulations for the transportation of non-standard cargo were violated: large, dangerous and long (Article 27.13);
• there is no permit for transit transportation (Article 11.26, Article 11.29).

If the motorist manages to eliminate the reason for the detention before the tow truck starts moving, the car is not taken away. Most often this refers to evacuation for illegal parking.

In Moscow, in addition to the Administrative Code, the work of specialized parking lots is regulated by the following documents:

• Moscow DEP order No. 83-TR (08/30/2016) regulates the price for the work of a tow truck and a parking space;
• Moscow Law No. 42 (07/11/2012) and Moscow Government Decree PP-216 (04/09/2012), regulating the rules of loading, unloading and staying in a special parking lot.

Towing a car to an impound lot according to the Code of Administrative Offenses

Towing a car to an impound lot according to the Code of Administrative Offenses

In federal legislation, the procedure for evacuating a car for a specific motorist to an impound lot is prescribed in the Code of Administrative Offenses of the Russian Federation (CAO RF) and Regulations of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185.

Today we will open the Code of Administrative Offenses of the Russian Federation and read what is written in this law on the procedure for evacuation of cars.

And it states the following:

Firstly, the evacuation of a car (detention of a vehicle) is used to suppress certain administrative offenses in the field of road traffic, provided for: Part 1 of Art. 12.3, part 2 art. 12.5, part 1 and 2 art. 12.7, parts 1 and 3 art. 12.8, parts 4 and 5 of Article 12.16 (violation of road signs when used with the corresponding plate), part 2, , , 6 of Art. 12.19, art. 12.26, part 3 art. 12.27 of the Code of Administrative Offenses of the Russian Federation, as well as some other articles of the Code of the Russian Federation on Administrative Offenses.

Towing a car (detaining a vehicle) is moving a vehicle to an impound lot with the help of another vehicle. As a result of such movement, the vehicle is excluded from the process of active participation in road traffic. The transported goods will be stored in the impound lot until the reason for the detention is eliminated.

Secondly, the evacuation of the car is stopped (not carried out) if the reason for the detention of the vehicle has been eliminated on the spot, in the presence of a person who can drive this car in accordance with the Traffic Rules. This rule applies only if this happens (a person who can drive this car comes and eliminates the reason for the detention) before the tow truck starts moving.

Thus, if the car has been loaded, but the tow truck has not yet started moving, then the vehicle should be immediately returned to the owner and not taken to the impound lot. This is the law, no matter how much a tow truck operator would like to take away an already loaded car (Part 1.1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

Thirdly, the decision to evacuate the car is made by a traffic police officer. Therefore, a motorist who arrives at the place where the vehicle was detained on time (before the tow truck starts moving) needs to immediately run to a traffic police officer, and not to the tow truck. The tow truck driver or his assistant will not, do not have the right, and will not want to cancel the decision of the traffic police officer to evacuate the car to the impound lot.

The law also states that the decision to return the vehicle is also made by a traffic police officer (Part 3 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation). This once again confirms that all your communication about not taking your car to the impound lot should be done with this person, and not with the person who is loading your car onto a tow truck.

Fourthly, when a car is evacuated, a traffic police officer draws up a report on the detention of the vehicle. If the car is detained in the absence of the motorist (exactly our case), then this protocol must be drawn up using a video recording or two witnesses (Part 8 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

The inspector is required to be present at the place where the car was detained until the tow truck starts moving (what if the car enthusiast returns and needs to give the car back to him).

Fourthly, if the car was nevertheless taken away and the car owner was not present, then a copy of the protocol on the detention of the vehicle, with the decision of the traffic police officer to return the car, is handed over to him immediately after the reason for the detention of the car is eliminated (Part 8 of Article 27.13 Code of Administrative Offenses of the Russian Federation).

Fifthly, a motorist who has committed a violation of the Traffic Rules, as a result of which his car has been towed, pays for the services of a tow truck (moving the car to the impound lot and storing it there) within the terms and at the rates that are established in the subject of the Federation where everything happened. The car must be returned immediately after the reason for the detention of the car has been eliminated (part 10 of article 27.13 of the Code of Administrative Offenses of the Russian Federation).

How much does it cost to pick up a car from the impound lot?

The amount that the vehicle owner must pay to the impound lot employees includes:

• tow truck operation;
• guarded parking space.

The price increases in proportion to engine power. The Moscow authorities have established the following tariffs:

The price of impound parking in the constituent entities of the Russian Federation is determined by regional regulations. In some cities, there is an hourly rate for parking a car in a special parking lot; in others, a parking space is provided free of charge for two days from the moment of arrest.

According to Moscow law No. 42 art. 6 clause 2 must be paid every full 24 hours of being in a special parking lot. If the owner manages to present a permit signed by a traffic police officer to return the vehicle on the first day, then he will not have to pay for the parking space.

How should the protocol be filled out?

The powers of traffic police officers include:

• recording an offense;
• making a decision to evacuate;
• drawing up a protocol.

If the driver is present when the vehicle is detained, the protocol is filled out in front of him. The original remains with the inspector, one copy is taken by the violator, and the second by the tow truck driver (if the reason for the detention could not be eliminated). If the driver did not appear while the inspector was filling out the necessary papers, then the document is drawn up in the presence of two witnesses and then transferred to the impound lot. After reviewing the document, the driver signs it.

The protocol contains the date and time of the offense committed and the place where it was recorded. Data indicated:

• about the violator: full name, date of birth (if present);
• about the vehicle: make, model, license plate number;
• about the inspector: full name, title, position;
• about the executor of the evacuation order;
• in fact, the essence of the offense is with points of traffic rules and the Code of Administrative Offenses and penalties.

The motorist has the right to disagree with the offense charged to him. In this case, the protocol is not signed by him, but instead of a signature, a mark of disagreement is placed.

According to the rules for detaining vehicles before evacuation, an inventory of existing external damage, valuables inside the car is drawn up, and the doors and hatch are sealed.

Step-by-step instructions for returning a car from the impound lot without paying

In the regions there are individual rules for returning a car to the owner. The general procedure for returning a car from an impound lot without paying is as follows:

1. Report to the unit that recorded the violation. If the driver was not nearby at the time of arrest, he can clarify all questions by calling the traffic police of his city, the police, or through number 112.
2. Provide documents for the car (Vehicle registration certificate, OSAGO policy), your driver’s license and, in some cases, a power of attorney from the owner.
3. Receive a copy of the protocol and approval to pick up the vehicle.
4. Present all documents to the special parking lot employee.
5. Get a pass to leave the territory. Now this is possible without paying a fine. If an employee refuses to issue a pass without receiving a receipt, he is acting illegally.
6. Pick up the car.

The fine issued by the inspector and special parking must be paid within 60 days. The fine can be paid with a fifty percent discount if done in the first 20 days. This privilege does not apply to evacuation and special parking.

When the documents are inside the car, the car owner will first have to go to a special parking lot, go to his car with an employee, pick up the papers, and then go to the traffic police. Sometimes inspector work stations are set up at impound lots. This greatly facilitates and speeds up the resolution of the issue; all paperwork for returning the car is received immediately, without unnecessary movements around the city.

How does evacuation happen?

In order to evacuate the car to the impound lot, the traffic police representative must record the violation in protocol form. If at the time of drawing up the protocol the driver appears at the car, he is asked to eliminate the violation and move the car to the proper place. Compliance with the inspector’s requirements does not eliminate a possible fine or other sanction, however, for minor violations, the driver may be given a verbal reprimand or a written warning.

If a violation is recorded in the protocol, and the driver is not present at the illegal parking site, the following actions are performed:

1. a traffic police officer calls representatives of a special agency authorized to forcibly move cars;
2. an evacuation report is drawn up - this document records the characteristics of the vehicle, its license plate number, as well as the date and time of evacuation;
3. the vehicle is moved using special vehicles, which allows loading and transportation of a stationary vehicle;
4. the evacuated car is placed under the impound lot regime - on the site or garage of a special institution, which is included in the regional register.

Special rules apply for temporary storage of cars in impound lots. They are approved by regional authorities and provide a list of responsibilities of the special agency to ensure the safety of the vehicle and prevent damage or unauthorized access by third parties. In addition, the regulations and regulations of the impound lot approve tariffs for the storage and transportation of cars - the calculation of these costs will be presented to the owner when returning the car.

The law does not provide for mandatory notification of the owner about the evacuation. Citizens must take all actions to return the car themselves.

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What happens if you take a car from an impound lot without permission from the traffic police?

An attempt to seize a car without the knowledge of the inspector is referred to by law as arbitrariness. This is a criminal article (Article 330 of the Criminal Code of the Russian Federation). In this case, an article for abuse of power may be added (Article 286 of the Criminal Code of the Russian Federation). The result of an attempt to illegally take possession of a car from a special parking lot will be a fine of up to 80 thousand rubles, and arrest is possible. In this case, the obligation to pay for the tow truck and parking space will remain with the violator.

The opinion that a car owner has the right not to pay for parking, since he did not ask the traffic police officers to store his car, is erroneous. The procedure for eliminating the violation is clearly stated in the Code of Administrative Offenses, which means paying for the evacuation and presence of the vehicle in the impound lot beyond the free period is an obligation, not a right. It is assigned to the person who committed the offense.

If the vehicle owner believes that the detention had no legal grounds, he will have to go to court to appeal the actions of the traffic police officers. Any attempt to pick up a car without the inspector’s permission will lead to even greater expenses.

Reasons for evacuation

The traffic rules contain several signs and types of markings that prohibit or restrict the parking/stopping of vehicles. These restrictions may apply to all types of transport or provide special rules. For violation of the requirements of road signs and markings, the law provides for punishment - all possible types of sanctions are grouped under the articles of the Special Part of the Code of Administrative Offenses of the Russian Federation.

Let us highlight the key points that need to be taken into account by citizens faced with forced evacuation of a car:

1. evacuation consists of forcibly moving the vehicle to specially equipped temporary storage places - the list of such places and special institutions is approved by the regional authorities;
2. Evacuation is not included in the administrative sanctions - when returning the car, you only need to pay the costs of transporting and storing the car, and no additional punishment is imposed under the Code of Administrative Offenses of the Russian Federation;
3. It is prohibited to evacuate if the car owner is driving or appears at the car at the time the violation is recorded;
4. It is not allowed to use administrative evacuation in case of violation of the procedure and terms of use of paid or public parking lots, when these places are officially intended to accommodate cars.

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Identification of cases of improper parking will entail administrative liability. To do this, a traffic police officer or other authorized person must draw up a protocol.

When drawing up a protocol that allows evacuation actions to be carried out, the driver is not on site. Therefore, the contents of the protocol indicate the registration details of the car (its make, model, registration number, etc.). This document will make it possible to bring the violator to justice, and the exact amount of the sanction will be established by a court, other body or official.

Let's highlight the most common violations of parking rules that will lead to forced evacuation:

• violation of the sign “Stopping or parking is prohibited”, including violation of the temporary regime of operation of this sign;
• parking within the boundaries of the pedestrian crossing markings (it is a violation to place a car closer than 5 m from the marking);
• parking at public transport stops or in special lanes for buses, trolleybuses, etc.;
• leaving the car on sidewalks, on lawns and in other places not intended for parking;
• other types of violations.

The use of evacuation is a right, and not an obligation, of traffic police officials. If the car is parked under the influence of a prohibitory sign, but does not interfere with the passage of other vehicles, the inspector may limit himself to drawing up a protocol for the subsequent imposition of a fine. Evacuation is also prohibited if there are passengers (including children) in the car.

How to pick up a car from an impound lot without paying for a tow truck?

You can not pay for the tow truck right away in accordance with clause 11 of Art. 27.13 Code of Administrative Offences. Having received permission from the inspector, a resolution and data on the cost of the special parking lot, the car owner has the right to leave the territory. The debt must be repaid within 60 days from the date specified in the resolution. If this is not done, then later the impound lot will collect from the violator through the court everything due: the debt and sanctions for late payment.

There is another way to avoid paying for a tow truck. If the owner eliminated the violation before the tow truck left with the car, then he will not have to pay for its work and pick up the car from the special parking lot. For example, this is possible if parking rules were violated and the owner returned to his car before the car was seized.

Your car has already been loaded: what to do?

If the tow truck hasn't left yet, try to return the car. Explain to the inspector that you will be moving the car. In this case, the car will remain with you and you will only receive an administrative fine for violating parking rules.

Anatoly Zhulanov, dispatcher of the Perm Traffic Directorate, worked on a tow truck for three years:

The Code of Administrative Offenses clearly describes when the car can still be returned and removed from the tow truck platform, and when it is too late. In paragraph 1.1 of Art. 27.13 of the Code of Administrative Offenses says that the car can be removed before the tow truck starts moving. After the car has moved and taken to the impound lot, the vehicle can only be returned through the traffic police. More on this below.

During the work, anything happened. For example, a car owner was chasing a tow truck, climbed onto a platform at an intersection and got into his car. I had to call the police - in addition to the parking fine, this citizen received an additional administrative fine. Employees of the traffic directorate do not have the right to resist using force - that’s why they call the police.

If the tow truck managed to leave, check if you have your documents. You will need a license, STS and insurance. Documents are needed to confirm your driving license.

If the documents are in the car. You will have to go to the impound lot - there you will write an application for opening the car and access to the salon. The impound lot workers will issue an opening certificate, and you will be able to pick up the documents. After this, you can go to the traffic police to issue a refund.

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If the documents are on hand . First, find out the name of the inspector who worked with your car - call 112 or the traffic police duty station. Next, go to the traffic police department and issue a decision on return from the inspector who processed the evacuation of your car. After this, the inspector will issue a resolution and an administrative fine. Take the decree with you to the impound lot - the car will not be returned without it. Employees will issue a receipt for the operation of the tow truck and storage of the car in the parking lot. There is no need to pay this invoice right away.

How to pick up a car from an impound lot without paying a fine?

The size of the fine and the day of its payment do not affect the return of the vehicle. The main thing here is having the inspector’s permission.

There are several legal options, you can use any at the discretion of the motorist:

• Pay the fine and parking, and then pick up the car.
• Just pay the fine, pick up the car, and pay off the debt for the special parking later.
• Pay only for being in the impound lot (if the free period has ended), and leave the traffic police fine for another time.
• Both the fine and the parking space must be paid within the next 60 days.

If a motorist does not agree with the administrative offense charged against him, within 10 days from the date of the decision, he can visit the traffic police for a detailed consideration of the situation (viewing photos and videos from the place of recording, and so on). During this period, the impound lot does not have the right to detain his car if the inspector allows it to be taken away. Therefore, the presence of fines at the time of returning the car does not matter.

How and where to pay for the services of a tow truck to the impound lot

Drivers, as a rule, are interested in how to pay for a tow truck at an impound lot in 2021. You can make payment in many ways.

For example, through:

• branch of a banking institution, if the bank cooperates with the traffic police;
• electronic payments, incl. electronic wallets;
• Government services portal;
• at the cash desk of any traffic police department;
• through the post office.

The inspector also has the right to accept payment from a driver who has violated road rules. Payment on the spot can only be made by bank transfer. The inspector often has a terminal that accepts bank cards.

After making a payment, you should always save the receipt. Without providing it, you cannot return the vehicle from the impound lot.

How to challenge the towing of a car for illegal parking on the sidewalk is explained in the article: how to challenge the towing of a car for illegal parking. Read about the car evacuation sign in vector here.

Other proof of payment also includes:

• a screenshot of the State Services portal page where the payment was made;
• SMS that confirms the transfer of funds;
• electronic check, etc.

Motorists do not recommend making payments via the Internet, since sometimes failures occur and the money does not go through. Then it is difficult to prove that the payment was made.

Paying for tow truck services is not much different from paying a fine. You can appeal the evacuation amount within 10 days. Full repayment must be made within 60 days.

A motorist is exempt from paying a fine if:

• the car was stolen;
• state license plates were stolen;
• the violators, in fact, came to the traffic police department, paid the fine and admitted their guilt.

If the motorist does not pay the fine within a month, it will increase by 2 times. If the driver evades paying the fine for more than 2 months, he will begin to be charged a penalty on top of the fine. In addition, the case will be transferred to the executive authorities.

By the way, for most fines there is a rule that if you make payment within 20 days from the date of the sanction, the motorist will receive a discount of 50 percent of the fine amount.

This rule does not apply to serious offences. The minimum fine for a discount is 500 rubles.

The discount does not apply to municipal fines related to violation of stopping rules.

Appealing a fine and evacuation

At the time of making the decision and filling out the protocol, the inspector is obliged to inform the violator of his right to appeal this decision within 10 days.

It is important to remember that the obligation to pay a fine does not depend on the driver’s doubts about the legality of the detention. Therefore, you must pay all the required amounts within the specified period (2 months). In the future, the money will be returned if the evacuation is considered unfounded.

Procedure:

1. Collect documents: driver's license, vehicle registration card, compulsory motor liability insurance.
2. Find evidence that you are right: video, photo, independent assessment.
3. Write an application to the State Traffic Safety Inspectorate, attach documents and evidence to it.
4. Wait for an answer. If the answer is no, you can try contacting the Prosecutor's Office. Usually, in cases where the owner of the vehicle is really right, the issue is resolved without prosecutorial checks.
5. If the answer is yes, file a lawsuit to cancel the fine and return all the money. In the claim, describe the circumstances, mention the response of the State Traffic Safety Inspectorate and attach it in writing.

Refunds will be made by bank transfer within 28 days from the date the court decision comes into force. They will return both the amount of the fine and the money for the impound lot.