Pay attention: Decree of the Government of the Russian Federation of December 18, 2003 N 759 "On approval of the Rules for the detention of a vehicle, placing it in a parking lot, storage, and prohibition of operation", the text of which is given below has become invalid due to the publication of Decree of the Government of the Russian Federation of December 30, 2012 N 1496 " On approval of the Rules for moving a vehicle of the Armed Forces Russian Federation, troops of the National Guard of the Russian Federation, engineering, technical, road-building military formations under federal executive bodies or rescue military formations of the federal executive body authorized to solve problems in the field of civil defense, to a specialized parking lot, as well as its storage, payment of expenses for movement and storage, return of the vehicle"
GOVERNMENT OF THE RUSSIAN FEDERATION
ABOUT THE APPROVAL OF THE RULES
DETENTION OF THE VEHICLE, ITS PREMISES
PARKING, STORAGE AND PROHIBITED USE
(as amended by Decrees of the Government of the Russian Federation of September 17, 2007 N 591,
dated 28.08.2009 N 701,
as amended by decision Supreme Court RF
dated 02.04.2009 N GKPI09-281)
When the operation of a land vehicle is prohibited, state registration plates are subject to removal.
21. An entry on the prohibition of the operation of a ground vehicle is made in the protocol on an administrative offense or a separate protocol is drawn up in the form established respectively by the Ministry of Internal Affairs of the Russian Federation and the Ministry Agriculture Russian Federation.
22. After the elimination of the reason for the prohibition of the operation of a ground vehicle, it is allowed to operate, while the owner of the ground vehicle (his representative) returns the state registration plates.
23. Procedure for transfer to the relevant divisions of the State Security Inspectorate traffic Ministry of Internal Affairs of the Russian Federation, Military Automobile Inspectorate of the Ministry of Defense of the Russian Federation and the Inspectorate of Bodies state supervision for technical condition self-propelled machines and other types of equipment of the Ministry of Agriculture of the Russian Federation, storage and return to the owners of state registration marks is established by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Defense of the Russian Federation and the Ministry of Agriculture of the Russian Federation.
See comments in the post:"How to pick up a vehicle from a car impound. Rules of law and practice; tariff for the storage of detainees Vehicle at the impound lot; responsibility of impoundment for overpricing services for the storage, transportation of vehicles; protection of competition and conclusion of agreements between police departments and "penalties" without holding a tender"
Regulations on specialized municipal parking lots for delayed vehicles
Appendix to the decision of the City Council of Deputies of Kaliningrad No. 253 dated July 06, 2005
1.1. This Regulation has been developed on the basis of the Code of the Russian Federation on administrative offenses, Decree of the Government of the Russian Federation of December 18, 2003 No. 759 "On approval of the Rules for the detention of a vehicle, placing it in a parking lot, storage, and prohibition of operation", Decree of the Administration of the Kaliningrad Region of July 21, 2004 No. 351 "On the creation of specialized municipal parking lots for storage of detained vehicles.
1.2. This Regulation determines the procedure for placing in specialized municipal parking lots, storing and issuing vehicles detained by authorized officials of the Internal Affairs Directorate of the Kaliningrad Region in cases provided for by Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation. Vehicles detained by authorized officials are sent for storage to a specialized municipal parking lot (hereinafter referred to as the parking lot).
1.3. In this Regulation, the following concepts and terms are used:
- "detention of the vehicle" - temporary forced termination of the use of the vehicle, including (if it is impossible to eliminate the reason for the detention at the place of detection of an administrative offense) placing it in a specialized parking lot;
- "specialized municipal parking" - a specially designated guarded place for storing detained vehicles;
- "authorized official" - an official authorized to draw up a protocol on the relevant administrative offense, carrying out within his competence necessary actions to remove the driver from driving and direct the vehicle to a specialized parking lot;
- "person responsible for the storage of vehicles" - entity authorized by the resolution of the mayor of the city to organize and operate a specialized municipal parking lot intended for the storage of detained vehicles;
- "vehicles" - motor vehicles with an engine capacity of more than 50 cubic centimeters and a maximum design speed of more than 50 kilometers per hour, tractors, other self-propelled road-building and other machines, trailers for them, subject to state registration;
1.4. The locations of specialized municipal parking lots that store detained vehicles are determined by a decree of the mayor of the city.
II. Procedure for placement, storage and delivery of vehicles
2.1. The detained ground vehicle is transported to a specialized municipal parking lot with the help of another ground vehicle. The person transporting the detained vehicle shall seal the structurally provided access points to the vehicle.
An authorized officer of the Internal Affairs Directorate of the Kaliningrad Region shall immediately report the detention of a vehicle in the absence of a driver to the duty unit of the Kaliningrad District Department of Internal Affairs in order to inform the owner (representative of the owner) about the detention of the vehicle and take measures, if necessary, to identify the owner (representative of the owner) of the vehicle.
2.2. Reception to the parking lot of the detained vehicle is carried out by the person responsible for storage upon receipt of a copy of the protocol on the detention of the vehicle.
2.3. The vehicle is visually inspected for damage (dents, scratches, etc.), the presence of equipment and items in the passenger compartment and trunk is checked with those indicated in the detention protocol, and the sealing of the structurally provided access points is checked.
2.4. Recording of delayed vehicles accepted for storage at a specialized parking lot is kept in the register of delayed vehicles, which contains the following data:
Date and time of placing the vehicle in a specialized parking lot;
Information about the detained vehicle (make, model, state register sign):
Grounds for placing a vehicle in a specialized parking lot (number of the protocol on the detention of the vehicle):
Information about the person who transported the vehicle, his signature:
Information about the person who accepted the vehicle for storage, his signature;
Information about the person who authorized the issuance of the vehicle (position, surname, initials);
Date and time of issue of the vehicle;
Information about the person who received the vehicle, his signature.
2.5. The register of detained vehicles is maintained by the person responsible for storing detained vehicles at a specialized parking lot.
2.6. The register of detained vehicles is registered in the office of the UGIBDD of the Internal Affairs Directorate of the Kaliningrad Region. The pages of the magazine must be numbered, laced and sealed with the seal of the UGIBDD of the Internal Affairs Directorate of the Kaliningrad Region. On the last sheet, an authentication signature is made about the number of numbered sheets. Entries in the Journal are made in ink (paste) without blots and corrections
2.7. The log is kept by the person responsible for keeping the vehicle for three years.
2.8. The period of storage of the vehicle is calculated in hours from the moment it is placed in a specialized parking lot.
2.9. The fee for the storage of the vehicle is charged for each full hour of its stay in a specialized parking lot.
2.10. The first three hours of storage of a detained vehicle in a specialized parking lot are not subject to payment.
2.11. Payment for the transportation and storage of a detained vehicle is charged in the amount established by the Main Directorate for State Regulation of Prices and Tariffs of the Administration of the Kaliningrad Region.
2.12. Access of the driver (owner, representative of the owner) to a vehicle located in a specialized parking lot is carried out in the presence of a person responsible for its storage.
2.13. The release of the detained vehicle to the driver (owner, representative of the owner) is carried out at any time of the day on the basis of the permission (in writing) of an authorized official of the Internal Affairs Directorate of the Kaliningrad Region after payment of the costs associated with moving the vehicle to a specialized parking lot and storing it.
2.14. When issuing a vehicle, the numbers of components and assemblies are checked against the data of the vehicle registration certificate, the vehicle is also visually inspected for new damage and the presence of equipment and items is checked. In case of detection of new damage or the absence of any equipment and items, an act is drawn up by the person responsible for the storage of the vehicle. The act is signed by the person responsible for the storage of the vehicle and the owner (representative of the owner) of the vehicle and is drawn up in two copies, one of which remains with the person responsible for the storage of the vehicle, one is transferred to the owner (representative of the owner) of the vehicle.
2.15. The person who received the vehicle signs in the register of detained vehicles.
III. Final provisions
3.1. Municipal parking lots for delayed vehicles must meet the requirements of the regulations for the placement and equipment of flat car parks as well as fire and sanitary safety requirements.
3.2. The person responsible for the storage of the vehicle is obliged to accept all necessary measures to ensure the safety of the vehicles accepted for storage. Damage caused to the detained vehicle and the property in it during its transportation and (or) storage at a specialized parking lot is compensated in accordance with the current legislation of the Russian Federation.
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Your comments
#1
Sergey (-----.tis-dialog.ru) 12:36 22.09.2005
#2
Sergey (-----.tis-dialog.ru) 12:37 22.09.2005
All this is good ...., it is not clear what should happen to the car if the owner is not, or the amount for its storage has already exceeded all reasonable limits - the cost of the car itself. Our deputies, of course, are great, but there is complete formalism and irresponsibility to the voters. For example: the owner of the car got to the hospital after an accident, lay there for half a year_about 180 days, multiply by the cost of a simple parking lot 50 rubles = 9000, and his car before the accident cost about the same, but no one canceled the owner’s rights, but money he doesn’t have it, especially after treatment, but the car is dear as a memory or as an excuse to express his dissatisfaction with the party and the government, so he will walk every week for another half a year around the parking lot and watch when his car will be cut into needles, and then to court. And then what? Where is the law? Where is the mechanism for clearing these parking lots? Again a loophole for arbitrariness with all the ensuing consequences? These parking lots will be filled instantly - in Kaliningrad we have about 25-30 accidents a week, after which the cars are parked somewhere and somehow, and this is not counting those cars that are abandoned in prohibited places + a few that were put in the wrong places or documents out of order (they will be picked up quickly from the parking lot). So these parking lots will turn into cemeteries of cars crammed to the eyeballs, in about a year. And then what?
#3
sergey (-----.123.254) 21:51 01/17/2016
on this topic
a disgrace to our government-traffic officers began to take away even gas-powered mopeds such as Riga 7-issue a fine of 5 thousand rubles and go to the parking lot! There was no such lawlessness even in the USSR!
Add a comment
1. These Rules establish the procedure for moving a motor vehicle, motor vehicle with an engine capacity of more than 50 cm3 and a maximum design speed of more than 50 km / h, tractors, other self-propelled road-building and other machines, trailers for them, subject to state registration in traffic police, to a specialized parking lot, as well as its storage, return of the vehicle.
2. Detention of a vehicle is carried out in cases provided for by the Code of the Russian Federation on Administrative Offenses, namely:
Article 11.26. Illegal use registered in other states vehicles for the carriage of goods and (or) passengers;
Article 11.29. Implementation of international road transport without permission;
Article 12.3. Driving a vehicle by a driver who does not have with him the documents provided for by the Rules of the Road;
Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited;
Article 12.7. Driving a vehicle by a driver who does not have the right to drive a vehicle;
Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication;
Article 12.16. Failure to comply with the requirements prescribed road signs or roadway markings;
Article 12.19. Violation of the rules for stopping or parking vehicles.
2.1. The detained vehicle is moved to a specialized parking lot - a specially designated guarded place for storing detained vehicles.
3. The detained vehicle is moved to a specialized parking lot with the help of another vehicle (tow truck, hydraulic manipulator).
4. The driver of the vehicle is informed about the place of storage of the detained vehicle upon delivery of the report on the detention of the vehicle, and he can also get acquainted with the place of storage of the vehicle on the website shtraf-stoyanka59.ru.
4.1. An authorized official immediately informs the duty department of the Internal Affairs Department about the detention of a vehicle in the absence of a driver in order to inform the owner (representative of the owner) about the detention of the vehicle and take measures, if necessary, to identify the owner (representative of the owner) of the vehicle.
5. Admission to the parking lot of the detained vehicle is carried out by the person responsible for storage upon receipt of a copy of the protocol on the detention of the vehicle.
5.1. The person responsible for storage is appointed by order of the Director of the Penal Station.
5.2. The vehicle is visually inspected for damage (dents, scratches, etc.), the presence of equipment and items in the passenger compartment and trunk is checked with those indicated in the detention protocol, and the sealing of the structurally provided access points is checked.
5.3. Recording of delayed vehicles accepted for storage at a specialized parking lot is kept in the register of delayed vehicles, which contains the following data:
date, time of placing the vehicle in the parking lot;
information about the vehicle (make, model, state registration mark of the vehicle, body number (VIN));
grounds for placing the vehicle in the parking lot - protocol (number, date of the protocol);
technical condition of the vehicle;
position, full name of the person who accepted the vehicle for parking, signature;
vehicle owner, signature;
a mark on granting access to the vehicle in the parking lot, date and time;
Full name of the person who accessed the vehicle (owner, representative of the owner), signature;
note;
the basis for the issuance of the vehicle - permission (full name, position of the person who authorized the issuance);
date, time of issue of the vehicle;
Full name of the person who received the vehicle (owner, representative of the owner), signature;
Full name of the official who issued the vehicle (signature).
5.4. The register of detained vehicles is kept for 3 years and is maintained by the person responsible for storing detained vehicles in a specialized parking lot.
5.5. The period of storage of the vehicle is calculated in hours from the moment it is placed in a specialized parking lot.
5.6. The fee for the storage of the vehicle is charged for each full hour of its stay in a specialized parking lot.
5.7. The first 3 hours of storage of a detained vehicle in a specialized parking lot are not subject to payment.
5.8. The cost of 1 hour is determined according to the current legislation.
5.9. The access of the driver of the vehicle (representative of the owner) to the vehicle located in the specialized parking lot is carried out in the presence of the person responsible for its storage.
6. An authorized official, having made sure that the reason for the detention of a vehicle located in a specialized parking lot has been eliminated, gives permission for its return, which makes a note in the report on the detention of the vehicle, the corresponding journal.
7. Return of the detained vehicle to the driver specified in waybill(to the representative of the owner) is made on the basis of the permission (in writing) of an authorized official after payment of the costs associated with its storage.
7.1. The person who received the vehicle signs in the register of detained vehicles.
8. At a specialized parking lot, a record of detained vehicles is kept in the manner established by the legislation of the Russian Federation.
9. Damage caused to the detained vehicle and the property in it when it is moved to a specialized parking lot or stored in a specialized parking lot shall be compensated in accordance with the legislation of the Russian Federation.
10. The penalty station does not inform the owner that his vehicle is stored in a specialized parking lot, except for posting information on the site.
The procedure for evacuating a vehicle to a specialized guarded parking lot has changed since September 1, 2019.
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Innovations relate to the conditions for transporting cars to a car impound in connection with a violation of traffic rules.
The adopted regulatory documents establish special requirements for the organization of a parking lot, which, in addition to traffic rules, every driver needs to know.
Law
Evacuation of vehicles (TC) is carried out in accordance with federal normative documents and regional laws. The procedure for detaining a car and moving it to the parking lot is based on the norms of the administrative-legal code (CAO RF).
The procedure for the evacuation of the vehicle to the parking lot, the tariffs for the storage of detained vehicles are determined by regional laws.
Local legislation, in accordance with Part 10 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation, regulates the following issues:
- the cost of transporting the vehicle to the special parking lot;
- tariffs for the storage of vehicles in the impound lot;
- the procedure for returning cars to their owners (or their representatives);
- creation of parking lots in municipalities or allocation of land plots, permits for the organization of commercial enterprises for the storage of evacuated vehicles.
Attention! Tariffs for storing cars in parking lots, the cost of evacuating vehicles are determined by regional laws. At the federal level, only marginal limits for the cost of such services are established.
However, the legal status and departmental affiliation remain uncertain. There are no relevant regulations at the federal legislative level.
Therefore, it remains unclear who should create these special areas for the storage of vehicles in connection with the detention on the basis of an administrative protocol.
In practice, such issues are under the jurisdiction of municipal authorities, which can create both municipal enterprises and commercial organizations to perform the functions of storing the vehicle.
Who owns, public utilities or individuals
The grounds for attributing the parking lots to the municipal department were given by the provisions, according to which, when detaining and placing the vehicle in the parking lot, one should follow the recommendations given to the regional authorities.
Based on this provision, the regions made their recommendations to municipalities on the need to open municipal parking lots. However, the federal recommendations do not establish strict limits on the ownership of impound lots by local governments.
Decree No. 759 uses the term “municipal parking lots”, which, according to constitutional norms, is interpreted “as parking lots located on the territory of a municipality”.
This conclusion follows from the constitutional principle of the independence of local authorities. Regional structures, according to their administrative functions, are not authorized to make decisions on the opening of municipal facilities, but can create their own facilities within the administrative-territorial division of subordinate municipalities.
What governs the creation
Creation specialized parking for storage of vehicles detained by authorized persons for traffic violation, is produced within the framework of the following legislative framework:
- Federal Law No. 131-FZ "On general principles organizations of local self-government in the Russian Federation”;
- Federal Law No. 257-FZ dated 08.11.2007 “On highways and on road activities in the Russian Federation”;
- Federal Law No. 196-FZ of December 10, 1995 “On Road Safety”;
- Code of Administrative Offenses of the Russian Federation;
- Decree of the Government of the Russian Federation of December 18, 2003 No. 759 "On approval of the Rules for the detention of a vehicle, its placement in a parking lot, storage, and also the prohibition of operation."
From the analysis of the listed documents it follows that the issues of road safety, road improvement, construction, maintenance and reconstruction of road facilities are exclusively within the competence of the federal authorities.
The creation of specialized parking lots for the storage of arrested vehicles is the responsibility of the Russian Federation and regional authorities. Municipalities can actively contribute to the solution of these issues on their territory.
Commercial Status
According to the Code of Administrative Offenses of the Russian Federation, the driver of the car, who is the owner of the vehicle, is obliged to pay the costs of storing the car in a special parking lot and the services of a tow truck.
According to the new rules, he can pay these expenses within 60 days after receiving the administrative protocol. Thus, you can pick up your car from the impound lot on the day of evacuation without pre-payment of expenses.
When opening a car impound, individuals should remember that, like any commercial activity, organizing car storage can become an unprofitable enterprise.
In this case, the costs of its creation may not be justified: the profit will not be enough to maintain its functioning.
What are the requirements for car impounds?
The Code of the Russian Federation on Administrative Violations establishes specific requirements for the organization of a parking lot, to which cars are evacuated after an accident.
The law establishes the following criteria that a specialized parking lot must meet:
- Safety. The territory of the site must have a special fence around the entire perimeter to prevent unauthorized persons from accessing the protected object.
- Availability special equipment for carrying out loading and unloading operations. Trucks With lifting mechanism must be in perfect technical condition to prevent violations of loading by a tow truck.
- Equipped with a fire fighting system(electrical installation fire alarm on the object, automatic settings fire extinguishing systems, smoke protection systems, engineering and technological equipment).
- Availability of a video surveillance system for round-the-clock recording of what is happening in the parking lot (sets of security systems). The term for recording video surveillance cameras along this perimeter of the object is at least 45 days.
- The presence of a hard coating and special markings for cars in the parking lot with numbering.
- Availability of primary fire extinguishing equipment.
- Installation of cash register equipment for financial transactions when paying for services for the storage of the vehicle and the availability of an office with a safe for storing cash.
- The object must have a sign "Special Parking" indicating the round-the-clock mode of operation, the profile and cost of the services provided.
- The presence of a barrier.
What is prohibited
According to federal law in a special guarded parking lot is prohibited:
- admission by an employee of the impound lot of unauthorized persons to the territory of the site without an appropriate permit (except for the owners of the vehicle and employees of the enterprise);
- disordered installation of the vehicle, outside the zone of special markings;
- location of evacuated vehicles on fire hatches;
- excess of the standard capacity of the parking lot (over the design indicator);
- conducting repair work near the arrested cars;
- storage of flammable substances;
- storage of fuel tanks with the lid open.
In a particular region, rules are being developed that regulate the functioning of impound stations, which are fixed in the form of a regional law.
Consequences of improper arrangement
The administration of the impound lot is obliged to ensure compliance with all safety requirements of the guarded facility.
The parking lot must be equipped with all security systems in accordance with the requirements of GOST:
- burglar alarm;
- fire alarm;
- security and fire warning;
- communication equipment.
Improper arrangement of a protected facility can lead to damage or loss of other people's property due to unauthorized access of unauthorized persons to the territory, violation of the requirements for car storage, fire safety rules.
Responsibility for ensuring the security of the facility lies with the parking manager and officials security services. The protection of the parking lot can be carried out by private security units, full-time security guards, watchmen.
The parking lot must have a public address system with an emergency signal.
Improper arrangement of the guarded facility may lead to a violation by the parking administration of its obligations to store the vehicle.
In case of damage or theft of a car from a parking lot, the administration is obliged to compensate the owner for the damage in full in accordance with,.
In any case (damage, theft), you must take a certificate from the traffic police. In case of refusal to voluntarily compensate the owner for damage, it can be recovered in court additionally with compensation for non-pecuniary damage.
Storing a car in a parking lot is also regulated by the Federal Law "On Protection of Consumer Rights". For the provision of services of inadequate quality, a penalty may be collected from the enterprise in court in favor of the owner of the vehicle.
Violation of the rules for storing vehicles
Model rules for the storage of vehicles in paid parking lots are approved by the relevant regional laws.
Storage of the evacuated car is carried out without a special fixed place. If the car is stored in the parking lot for a long time, it is allocated a fixed place.
Vehicles arriving at the parking lot are registered by the parking attendant in a special journal based on the vehicle detention protocol.
Cars are issued to the owner upon presentation of a package of documents:
- passports of a citizen of the Russian Federation;
- technical passport or;
- payment receipts (if any).
All vehicles are stored sealed, with strict observance of fire safety measures. In accordance with the legislation of the Russian Federation, the owner of the impound lot bears full financial responsibility for the safety of other people's property.
Government of St. Petersburg
COMMITTEE ON TRANSPORT AND TRANSIT POLICY
ORDER
On approval of the rules for the operation of specialized parking lots for the storage of detained vehicles
In order to implement the Decrees of the Government of St. Petersburg dated 09.03.2005 N 265 "On the procedure for the functioning of specialized parking lots for storing detained vehicles" and dated 29.12.2010 N 1807 "On amendments to the Decree of the Government of St. Petersburg dated 09.03.2005 N 265" :
1. Approve the Rules for the operation of specialized parking lots for the storage of detained vehicles in accordance with the appendix.
2. To send a certified copy of this order to the organizations engaged in the movement and storage of detained vehicles to the transport complex regulation department of the Committee on Transport and Transit Policy.
3. To impose control over the implementation of the order on the Deputy Chairman of the Committee on Transport and Transit Policy - Head of the Transport Complex Regulation Department Iskhakov N.M.
Chairman of the Committee
A.S. Bakirey
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