Violation of different traffic rules leads to the prosecution of the driver. It consists not only in the payment of fines, but also in the payment of forced evacuation of the car to the parking lot. Drivers often face the fact that their car is being evacuated to the parking lot, since they stop in the wrong place, drive a car while intoxicated or use vehicles with significant breakdowns. At the same time, you have to not only pay the penalty for violation, but also pay for the services of a tow truck, as well as all the time during which the car is in a paid parking lot. Therefore, the evacuation of the car to the parking lot is considered an unpleasant event for the car owner. There must be good reasons for its implementation.
When does the car evacuate?
For sending a car to a parking lot, there must be good reason, for example:
- a citizen who does not have a driver’s license or property documents uses a car;
- a car is used that has significant malfunctions in the brake or steering system, and non-working headlights are also significant problems;
- the car is used by a citizen deprived of a driver's license;
- the driver is intoxicated;
- the rules are violated, established by marking or signs, on the basis of which parking is prohibited or even a stop on a certain section of the road;
- the car was stopped immediately before or at the pedestrian crossing, which poses a danger to people and car owners;
- the rules imposed on the movement of large and heavy vehicles are violated;
- Dangerous goods are transported without regard to safety requirements;
- the driver refuses to undergo a medical examination if the traffic inspector has a suspicion that the citizen is intoxicated;
- after an accident, the car owner consumed alcoholic beverages or illegal drugs before being examined.
Most often, a car is evacuated to a parking lot due to a violation of parking rules.
When does a car evacuate for parking?
The evacuation service most often works in places where it is forbidden to stop cars. In this case, car owners are faced not only with the need to pay a significant fine, but their car is sent to the parking lot. The most common violations are:
- parking on the carriageway, where less than three meters remain between the continuous dividing strip and the edge of the car;
- parking on the second row or on tram lines;
- creating obstacles to the movement of other cars;
- taxi parking;
- parking at a pedestrian crossing or near 5 meters from it;
- parking in the area of the sign indicating the work of the tow truck;
- stop on the sidewalk;
- parking at a public transport stop;
- car stop on the bridge or in the tunnel;
- on-site parking for the disabled;
- stop under the prohibition signs.
The evacuation of the car to the parking lot begins only after the traffic inspector draws up a protocol and an act of violation. After the tow truck begins to move, the driver will not be able to drive.
How to prevent?
There are several options to prevent the car from being evacuated to a parking lot:
- the driver, in the presence of significant breakdowns, can independently call a tow truck, after which he sends it to the address of his residence or to any parking lot, but you will have to pay for the services of a tow truck;
- if the inspector has already drawn up a protocol on the basis of the driver being intoxicated, then you can not use the services of a tow truck, but find another driver who can tow the car to another place;
- if the traffic police officer reveals not too significant technical problems in the car, then you can fix all the problems on the spot.
All of the above methods can be used only on condition that the car owner notices in time that his car is going to a parking lot, and the necessary documents are drawn up by a traffic inspector. Otherwise, without a driver, the traffic police tow truck will deliver the car to the parking lot.
When is evacuation not allowed?
In some cases, the traffic inspector cannot take advantage of the evacuation of the car. These include:
- the tow truck has not yet started, and at the same time the owner of the car was discovered;
- during the process there is a citizen who has the right to operate the machine;
- the basis for the procedure disappears.
It is not allowed to use evacuation if the driver does not have a passport, since the traffic police officer can verify the identity of the citizen based on information about the car.
What documents are prepared?
The procedure for the evacuation of the car suggests that the decision is made by the inspector of the traffic police. A specific offense is initially identified. If there is no driver who can correct the violation, then a tow truck is used to move the machine. For this, the following documents are prepared by the traffic inspector:
- report of the offense;
- vehicle detention protocol;
- acceptance certificate of the machine.
All these documents must be compiled directly at the scene of the violation. If there is no direct car owner, then the documentation is formed in the presence of two witnesses, and a corresponding video is also made, which serves as evidence of the legality of the actions of the car inspector.
Next steps
As soon as all the necessary documents are compiled by the traffic police, the car is immediately evacuated to the parking lot for improper parking or other identified violations.
The acceptance certificate is handed over to the tow truck driver, who will then issue the paper to the direct car owner as soon as he arrives at the parking lot for his car. When drawing up the act, the revealed violations or damages to the car must be indicated.
Only after that the driver of the evacuation service delivers the car to a special parking lot. If the reason for the evacuation is eliminated before the movement of the tow truck, the car is returned to the owner. But at the same time, the citizen is held accountable for the violations identified.
What should a car owner do?
Often, citizens cannot find their car, because they took the car on a tow truck, so the question arises of how to return the car. The procedure involves the following actions:
- Initially, you need to find out what kind of car parking lot was sent to, for which you can call the traffic police hotline;
- immediately you can get information about the reason for the evacuation;
- then you need to go to the traffic police department, whose employee registered the offense;
- the employees of this organization must obtain permission to issue a vehicle, and the citizen must have his or her certificate, a certificate of registration of the car, as well as a valid OSAGO policy;
- if any documents are in the car, you will have to first go to the parking lot where the car is located to pick up the documentation, and then only come to the traffic police department;
- in the unit, a report of the offense is issued to the driver, which can be replaced by a decision on prosecution;
- in addition, the traffic inspector transmits an act on the detention of the car and a protocol of detention;
- in a copy of the protocol, a note is made to eliminate the cause of the detention of the machine;
- After that, with the documents received, you must go to the parking lot to pick up the car.
The rules for the evacuation of cars to the parking lot are that the car is issued to the car owner immediately after the presentation of the documents. The parking staff provide a receipt for the payment of their services. The time period during which evacuation and parking shall be paid is established by the regional authorities. Local administration workers additionally regulate the tariffs applied by evacuation services.
Cost of services
Every driver who is faced with the fact that his car has been evacuated, thinks about how much the parking fee and car delivery cost. Prices may vary significantly in different regions, but several average values can be distinguished:
- evacuation of cars of category A or B, the power of which does not exceed 80 liters. sec., performed for 3 thousand rubles .;
- if a car of category B has a power of 80 to 250 liters. sec., the tow truck service costs about 5 thousand rubles;
- at a power exceeding 250 liters. with., the service costs about 7 thousand rubles .;
- the truck owner will have to pay about 25 thousand rubles.
Additionally paid is the service of finding a car in a paid parking lot. You can find out how much the parking lot costs directly in the process of vehicle release, but as standard for cars, one hour costs 1 thousand rubles. If the car weighs more than 3.5 tons, then the cost doubles.
Payment is charged only for a full day, during which the car was in the parking lot. At the same time, a car owner will have to pay a fine for violating traffic rules.
What is the penalty paid?
In addition to paying for parking and towing services, the car owner will have to pay a fine for a specific violation:
- a car stop on a road section where it is prohibited by the corresponding sign - 1.5 thousand rubles;
- parking at a place designated for disabled people - 5 thousand rubles;
- car stop at a public transport stop - 1 thousand rubles;
- parking on tram tracks - 1.5 thousand rubles;
- creating obstacles to the movement of other cars - 2 thousand rubles.
For cities of federal significance, the size of fines will be much higher. If you transfer funds within 20 days, you can take advantage of a discount of 50%.
Is it possible not to pay for the services of a tow truck or a fine parking?
Each person who finds himself in such a difficult situation is thinking about the possibility of not paying for compelled services. In fact, this is not possible, because otherwise the car owner will face stricter penalties, represented by arrest or an increase in fine.
Two months are given for the payment of the fine and the services rendered. If funds are not transferred during this time, penalties apply.
The only option for refusing to pay for services and a fine is appealing the decision drawn up by the traffic inspector. Cases of car evacuation are considered quite common. Often, even traffic police officers make mistakes. For example, they evacuate a car from a place intended for disabled people. If the car owner can prove that he really has an officially registered disability of a group, he will not have to pay for the services of a tow truck and a parking lot, and the penalty will be canceled.
The appeal is carried out in court. To do this, you must file a claim within 14 days after receiving a receipt from the traffic inspector. The court examines the evidence of the plaintiff, and also evaluates the opinion of the traffic police officer. Judge examines the evidence. If the claim of the plaintiff is satisfied, then it is not necessary to pay for the imposed services and to pay a fine. Often, compensation for non-pecuniary damage is completely recovered from the traffic police.
The consequences of non-payment of a fine
If a citizen simply decides not to pay a fine, then this leads to negative consequences:
- double the size of the fine;
- arrest for up to 15 days;
- engaging in compulsory work for 50 hours.
If the car is evacuated after the driver is intoxicated when the driver stops, the fine is 30 thousand rubles. If the funds are not transferred within 60 months, this will lead to its increase to 90 thousand rubles. Therefore, it is in the interests of the direct car owners to timely cope with their obligations.
Conclusion
A car can be evacuated for various reasons. The process involves the compilation of mandatory documents by the traffic inspector. The owner of the car will not only have to pay a fine, but also pay a penalty parking lot and tow truck services.
If the actions of the traffic inspector are illegal, then they can be challenged in court. In this case, the car owner is exempted from the need to spend personal funds.