In case of improper parking of the car or violation of traffic rules, the car can be picked up and driven away to the parking lot. Car evacuation is a common practice. However, not all drivers understand the rules of forced driving and the conditions under which it can be applied. Let's figure out when, in general, evacuation is legal and what to do if the car was not taken according to the rules.
When is the car evacuated?
Article 27 of the Code of Administrative Offenses contains a list of violations that entail a fine and the subsequent export of the car of the violator:
- Being at the wheel of a person who does not have transport control rights.
- If the car has problems with the brake system.
- Driving while intoxicated or intoxicated.
- When driving, the driver does not take into account traffic signs, traffic signals, road markings.
- Car stop at a pedestrian crossing or at a distance of less than 5 meters from it.
- The driver has not met the conditions for the transportation of heavy or large cargo.
- The driver is carrying the dangerous goods incorrectly.
- The vehicle is used as a mobile structure for an advertising campaign.
Note that all these points deal with specific cases of violations. If you pick up a car on a tow truck, and even a fine is imposed for evacuating the car for another reason, then this can be considered a violation and illegal action on the part of the traffic police.
Parking violation
And although most often cars of violators are evacuated due to parking in the wrong place, not every violation of the rules gives inspectors the right to seize the car and transfer it to a fine parking lot. The amount of payments and a list of incorrect stops at which the car can be picked up are provided:
- In the second and subsequent rows, only two-wheeled vehicles without a trailer are entitled to parking. In the case of parking of other means, the owner will be required to pay a fine of 1,500 rubles. In Moscow and St. Petersburg, the amount can reach 3,000 rubles.
- If the driver left his car on the tram tracks or in a place where the car interferes with the movement of other vehicles, then evacuation services can quite legitimately pick it up. The driver will additionally have to pay a fine of 1,500 rubles or 3,000 in Moscow.
- The motorist who left the car in the tunnel will have to pay 2,000 rubles. In Moscow and St. Petersburg, a fine of 3,000 rubles is imposed for this.
- Parking at the pedestrian crossing and at a distance of 5 meters from it is also prohibited. The owner of the vehicle will have to pay one thousand rubles (3 thousand for Moscow and St. Petersburg). Also, his car can be evacuated and sent to a fine site. The same punishment is possible when parking on the sidewalk.
- You can not leave the car at a distance of less than 15 meters to a public transport stop. Evacuation and a fine of 1,000 rubles are also relied on for this.
- If the car is parked in such a way that interferes with other drivers, then a fine of 2,000 rubles (3,000 for Moscow and St. Petersburg) is required for this.
- If the driver left the car under a sign prohibiting parking, then he will have to pay 1,500 rubles in fine.
All of the listed cases of stopping transport cause difficulties for other drivers or pedestrians. In addition, they create a danger on the roads (as is the case with parking a car near a pedestrian crossing or in a tunnel). Therefore, driving a vehicle to a parking lot is a legal action. Separately, it is worth mentioning the signs of the evacuation of the car, which can be placed under the sign of the prohibition of stopping and parking. Staying in such a place, you can almost guaranteed to ensure the distillation of your transport.
Sometimes the driver sees how they try to evacuate his car. He can catch the violation site before the car is loaded. In this case, you can simply drive the car to the right place, but this will not save you from a fine.
The procedure and rules for the evacuation of cars
Before the car is taken away, the traffic police must draw up and present a protocol on the detention of vehicles. It is made in duplicate with the signatures of both parties - a police officer and a participant in the incident. In this case, witnesses must be present, and in the absence of such, the process itself should be filmed.
Protocol check
The document must indicate the time, place and reason for the drive away, as well as an article from the Code of Administrative Offenses, which served as the basis for the evacuation. The protocol prescribes the position of the employee, his name, surname, as well as the data of the owner of the car or driver. The driver has the right to require the traffic police to list in the document all the things that are in the cabin at the time of the evacuation of the car. In addition, you can describe the damage and malfunctions of the car that are at the moment.
Typo car
After the document is completed, all access points to the car (hood, doors, trunk) are sealed on the vehicle. From this moment, the responsibility for the safety of the car rests with the shoulders of specialized organizations. In the event that there will be some new damage to the machine after returning it to the owner, the latter has the right to demand damages from the company that was involved in the transportation.
Evacuation cost
We found out how much the car driving fee will cost the owner. However, you will have to pay separately for the car evacuation service. But prices depend on the region and local authorities. In Moscow, the prices are as follows:
- Cars of categories A and B (these are motorcycles and cars with engines up to 80 horsepower) are evacuated for 3 thousand rubles.
- Category B cars with engines with 80-250 horsepower will be removed for 5 thousand rubles.
- Category B cars with motors with a capacity of over 250 horsepower are evacuated for 7 thousand rubles.
- Category D cars of standard sizes can also be picked up. The cost of evacuation in this case may be 27 thousand rubles.
It is also worth considering the parking of the car on the penalty area. On average, the cost of storing a standard-size car is 500 rubles per day. Oversized transport drivers will have to pay 1,000 rubles.
Illegal evacuation
The car must be driven to the penalty area in the event that its presence interferes with the movement of other cars. There are times when a car is driven away from a place where there are no prohibition signs. In this case, the driver can sue and win. The owner of the car is given 3 months to appeal the actions of the inspectors.
Often in court, traffic police officers provide pictures from a mobile phone as evidence. However, this is weak evidence against a motorist.
It is difficult to explain all the subtleties of the process, but legally savvy drivers have experience in recovering damage from the illegal evacuation of a car. If you are sure that the car was taken illegally (the reasons for the evacuation are described above), then feel free to sue. Thanks to the process, it is possible to return not only the cost of tow truck services, but it is also possible to recover material damage due to spoilage of products in the car, disruption of the delivery time of goods due to the lack of a car, etc.
Evacuation Check
The first step in finding your car is to find out on which platform the vehicle is located. Indicate the location of the site can on duty. You can allow the part by number 02 from the landline phone or by number 112 from the mobile. A parking space hotline can assist you in your search. In Moscow, you can call this service at 8 (495) 539-54-54. There you can find out the phone number of the company that serves the penalty area, and already check the evacuation of the car according to the license plate number.
In general, you can advise drivers not to park in places where this can not be done. And here the opportunity to stay without a car for a short time is not so terrible as the penalty for evacuating the car, as well as the cost of parking on the site.