What to grab in the first place, seeing your car on a tow truck? Why can a car be taken in principle? If the driver knows exactly the answer to these questions, the risk of finding his "swallow" in a special parking lot is reduced significantly.
When can they evacuate the car?
Evacuation (vehicle retention) is a measure that helps to prevent violation of the rules of operation, use and management of the vehicle. The list of cases in which the car can be picked up is indicated in part 1 of article 27.13 Administrative Code of the Russian Federation.
Common Causes of Vehicle Evacuation
- The driver does not have (except for a training drive) or is deprived of a driver’s license (parts 1 and 2 of article 12.7 of the Administrative Code of the Russian Federation).
- The car is in the wrong place. At the same time, the evacuation of the car is possible only if, along with signs prohibiting the vehicle from stopping or parking, there is an information plate (under n. 8.24 “Tow truck works”) warning drivers about evacuation (parts 4 and 5 of article 12.16 of the Administrative Code of the Russian Federation).
- The car is standing at a pedestrian crossing and closer than 5 meters in front of it, except for a forced stop, or the rules for stopping or parking the vehicle on the sidewalk are violated (Part 3. Article 12.19 of the Administrative Code of the Russian Federation).
- Violated the rules for the movement of a heavy and (or) large vehicle, as well as the rules for the transport of dangerous goods (parts 1–6 of article 12.21.1 and part 1 of article 12.21.2 of the Administrative Code).
- The driver refused to undergo a medical examination for the state of intoxication (Article 12. 26 of the Code of Administrative Offenses).
Detainable vehicles are also detained (p. 244 of the Order of the Ministry of Internal Affairs of Russia N 664, as amended on 12/21/2017). In addition to evacuating for non-compliance with the established requirements of the law, the driver will also receive a fine.
The vehicle detention procedure is clearly regulated, and the sequence of actions that must be followed is described in detail in the law. It is important for the motorist to understand the nuances of what is happening - not only to stop the detention, having arrived in time for the car, but also to defend his innocence if such a need suddenly arises.
Since there are no trifles in this matter, the evacuation algorithm in the Piggy Bank will not be redundant.
Evacuation rules: 8 important points
1. The first thing the traffic police inspector does is if he determines that the driver has violated one of the requirements of the law, which entails the detention of the vehicle, this draws up protocols on the administrative offense and detention of the vehicle, after which the car is loaded onto a tow truck . Until the documents are drawn up, loading cannot begin (paragraph 1, paragraph 2 of Moscow Government Resolution No. 216-PP). An auto-transfer act is also drawn up, which describes its external damage.
2. If the motorist was lucky enough to return to the car before the tow truck started, you need to find out from the traffic police officer for what violation they want to pick up the car. It makes no sense to ask the tow truck driver to stop loading, the inspector decides to terminate the procedure. Keep in mind that the inspector must remain at the place of detention until the tow truck begins to move (part 3 of article 27.13 of the Code of Administrative Offenses). If, returning to the car, whose loading on the tow truck has just begun, you find one driver of the tow truck, then there has been a serious violation, which must be recorded on the video. This nuance is especially important for motorists who had a chance to eliminate the reason for the detention.
3. If the driver can eliminate the cause of the detention of the vehicle, you must immediately do this. Until the tow truck begins to move, the motorist has a legal right to correct the situation, and the inspector must provide the driver with such an opportunity (paragraph 1.1. Article. 27.13 Administrative Code of the Russian Federation). If you don’t have any registration documents with you (for example, you gave them along with your wallet to your spouse, who left the store for a minute), you need to bring them quickly. Without documents for the car loading will not stop. As soon as the reason for detention is eliminated, the grounds for evacuation immediately disappear. But when it is impossible to eliminate the reason for the detention right on the spot (for example, the car has brakes defective), the cars will be taken to a special parking lot.
4. If the motorist is present at filling out the papers and has noticed violations in the detention procedure itself (for example, in the area of the traffic signs 3.27 - 3.30 there is no sign 8.24 “The tow truck is working” or the sign is hidden behind the crown of trees so that there is no objective way to see it, and it means to avoid violation, it is important to record these circumstances in the protocol, and attach evidence of your innocence (photo / video / eyewitness testimony) to the document. Photo or video can be attached to electronic media (flash drive, disk, memory card, etc.). nuances pr DVR recording of communication we have said before. Do not forget to describe the act of reception and transmission cars all his external injuries and list left in the trunk or interior valuables, if for some reason you can not take them all at once.
5. When all the necessary information is recorded, the protocol must be signed both by the official who compiled it and by the motorist himself. If the driver refuses to sign, this is separately recorded in paper. A copy of the vehicle detention protocol is handed to the driver and the person who will execute the decision to detain the vehicle. Well, if the owner of the car is absent, the protocol is drawn up with the participation of two witnesses or a video is used (clauses 5-8 of Article 27.13 of the Administrative Code of the Russian Federation). Failure to comply with these requirements will be a clear violation of the rules for evacuation.
6. The vehicle must be sealed before loading. (subparagraph 3 p. 2 of the Resolution of the Government of Moscow No. 216-PP).
7. The driver needs to go to the special parking lot after taking the car, taking with him all the necessary documents:
- a decision on the return of the vehicle (can be obtained at the traffic police department that detained the car, or from the inspector at the evacuation site, after eliminating the reason for the detention of the vehicle);
- copies of protocols on administrative violation and detention (issued at the traffic police department that detained the car, or at the evacuation inspector);
- documents confirming ownership of the car (STS);
- driver's license;
- CTP policy;
You can pay for the transportation and maintenance of the car directly at the special parking lot (in this case there will be a 25% discount - paragraph 5, paragraph 4 of Government Decision No. 216-PP) or you can pay the full cost within 60 days . The penalty is paid no later than 60 days from the date the decision comes into force.
8. When picking up a car, check for new damages. If everything is in order, sign the acceptance certificate, which, by the way, is drawn up at the time of transfer of the machine from the special parking lot (paragraphs 6, 4 of Government Decision No. 216-PP). But if you saw defects that were not there before transportation, call the police and fix the damage - this way you can compensate the material damage caused to the machine.