In accordance with Part.1 Article. 27.13. Code of Administrative Offenses in case of violation of the rules of operation vehicle and driving a vehicle, provided Part 1 of Article 12.3, Part 2 of Article 12.5, Parts 1 and 2 of Article 12.7, Parts 1, 3 and 4 of Article 12.8, Parts 4 and 5 of Article 12.16, Parts 3-4, 6 of Article 12.19, Parts 1-3 of Article 12.21¹, Article 12.21, paragraph 1, Article 12.26, Article 12.27, paragraph 3 Code of Administrative Offenses, applied detention of the vehicle , those. exclusion of the vehicle from the process of transportation of people and goods by moving it with the help of another vehicle and placing it in the nearest specially designated guarded place (to a specialized parking lot) and storing it in a specialized parking lot until the cause of detention is eliminated .
If, due to the technical characteristics of the vehicle, it is impossible to move it and place it in a specialized parking lot when committing an administrative offense part 1, 2 or 3 of article 12.21¹, part 1 of article 12.21², detention is carried out by stopping the movement with the help of blocking devices. In the event that the vehicle will create obstacles for the movement of other vehicles or pedestrians, it may be before the detention. moved by driving the vehicle by its driver or persons specified in Part 3 of Art. 27.13 Administrative Code (STSI, UUP, VAI ) , to the nearest place where this vehicle will not create such obstacles.
The term of detention of the vehicle is calculated from the moment the protocol on an administrative offense is drawn up.
The storage period of the vehicle is calculated in hours from the moment it is placed in a specialized parking lot.
Moving the vehicle to a specialized parking lot ( ), their storage, payment of expenses for transportation and storage, return of the vehicle are carried out in the manner established by the laws of the constituent entities of the Russian Federation.
Travel and storage costs detained vehicle ( excl. TS of military formations) reimbursed by the person who committed an administrative offense .
In the event of termination of proceedings in the case of an administrative offense on the grounds provided for in paragraph 1, paragraph 2 ( with the exception of case of non-achievement by an individual at the time of committing illegal actions (inaction) of the age provided for by the Code of Administrative Offenses for bringing to administrative responsibility), paragraphs 3, 7 of part 1 of article 24.5 of the Code of Administrative Offenses, the costs of moving and storing the vehicle are reimbursed in the manner prescribed by the legislation of the Russian Federation, and the vehicle is immediately returned to its owner or a person with the right to use or dispose of this vehicle.
Detention of a vehicle is carried out by officials authorized to draw up protocols on relevant administrative offenses, and in relation to a vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering, technical, road construction military units under federal executive authorities or rescue military units of the federal executive body authorities authorized to solve problems in the field of civil defense - also by officials of the military automobile inspection. The indicated officials draw up a PROTOCOL on the detention of the vehicle.
The protocol on the detention of the vehicle shall indicate the date, time, place, grounds for the decision to detain the vehicle, the position, surname and initials of the person who drew up the protocol, information about the vehicle and the person in respect of which the appropriate measure was applied to ensure proceedings in the case of an administrative offense. The protocol on the detention of the vehicle shall indicate the name of the body (institution, organization), position, surname, name and patronymic of the person who will execute the decision to detain the vehicle.
The protocol on the detention of the vehicle is signed by the official who compiled them, and the person in respect of whom the appropriate measure was applied to ensure the proceedings in the case of an administrative offense.
In case of refusal of the person in respect of whom the measure of securing proceedings in the case of an administrative offense is applied, from signing the protocol, a corresponding entry is made in it (part 6 of article 27.13 of the Code of Administrative Offenses).
To the protocol, in the case of placing the vehicle in a specialized parking lot, it is attached DESCRIPTION OF THE PROPERTY IN IT.
The person carrying out the transport detained vehicle (an organization that, under an agreement with the internal affairs body, transports, stores and issues AMTS), SEALS structurally provided access points in the vehicle (all doors, hood, trunk lid, gas filler flap, sunroof (if equipped)).
Copy protocol on the detention of the vehicle is handed over to the person in respect of whom this measure of securing the proceedings has been applied about an administrative offense, and when placing the vehicle in a specialized parking lot - also the person responsible for storing the vehicle at this parking lot.
The driver is informed about the storage location detained vehicle.
About detention vehicle in the absence of a driver immediately reported to the duty unit of the territorial body of internal affairs. The operational duty officer of the internal affairs body informs the owner (representative of the owner) about the detention of the vehicle, taking measures, if necessary, to identify the owner (representative of the owner) of the vehicle. A report on the detention of a vehicle that has created obstacles to the movement of other vehicles, in the absence of a driver, is drawn upin the presence of two witnesses .
Driver Access(owner, representative of the owner) to located in a dedicated parking lot vehicle carried out in the presence of the person responsible for its storage.
Delivery of the detained vehicle to the driver(to the owner, representative of the owner) based on permission (in writing) authorized official after paying the costs associated with storing the vehicle in a specialized parking lot.
At a dedicated parking lot ongoing registration of detained vehicles.
Damage caused to the detained vehicle and the property in it during its transportation or storage at a specialized parking lot is compensated in accordance with the legislation of the Russian Federation.
The vehicle of the Armed Forces of the Russian Federation is detained with subsequent placement at the garrison assembly point of the detained vehicles.
The tram or trolleybus is delayed in accordance with the established procedure with subsequent placement in the appropriate park.
PROTOCOL 59 AB N 000159
When a traffic police officer stops us on the highway, we can often face a situation of delaying the check of compliance with traffic rules. This can happen for various reasons. Either he really suspects you of something, then it is necessary to find out the validity of his intentions, or this is done on purpose. The second option is shown more often, and can be caused by personal hostility of the traffic cop to the driver. The inspector is often asked to complete the inspection as quickly as possible, explaining his haste by an urgent meeting or departure of the aircraft. Such requests may be perceived negatively and the answer may be the phrase: "I have the right to detain you for three hours." In this issue, we will find out if employees interpret the law correctly when they detain a driver?
Draw your attention to
It is necessary to distinguish between "Detention" and "Stop" by the traffic police inspector on the highway. As for the "Detention", we will talk about this later in the course of the article, but about the "Stop" I would like to note in advance that we have a special article on this topic.
And the most important question of all motorists.
How long can a traffic police inspector detain a car?
This applies to ordinary stops and document checks (when you were just stopped on the road).
So:
- “The procedure for the detention of vehicles is defined in Article 27.13 of the Code Russian Federation on administrative offences. In addition, the detention of vehicles may be carried out in the manner prescribed by Article 11 of the Law of the Russian Federation "On the Police". In accordance with the Administrative Regulations (approved by order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185), the terms for the execution of administrative procedures (actions) by the traffic police, including the detention of vehicles, should be the minimum necessary for their implementation based on the specific situation. Actions of employees, entailing an unreasonable increase in the time for the execution of administrative procedures (actions) in relation to participants traffic, are appealed in pre-trial (to the heads of the relevant combat units of the State traffic inspectorate, to higher management bodies of the State traffic inspectorate) and in court.
The Code of Administrative Offenses (CAO) contains all the necessary information in order to understand this issue. Chapter 27 is fully devoted to the issue of detention of citizens and it says that:
“Detention is one of the measures to ensure the proceedings in cases of administrative offenses”
Security measures are applied to suppress the offense. Accordingly, they can be used only upon the existence of an administrative violation. These include:
- detention;
- delivery;
- Personal inspection;
- inspection of things;
- vehicle inspection;
- suspension from driving;
- examination for the state of intoxication;
- detention of the vehicle;
- prohibition of the vehicle.
According to the Code of Administrative Offenses, administrative detention is a restriction of freedom individual for a short period. It is applied in exceptional cases when it is necessary to make correct and timely decisions during the consideration of an administrative violation or the execution of a decision on a case.
"P. 192. The basis for administrative detention, that is, a short-term restriction of the freedom of an individual, is the need to ensure the correct and timely consideration of a case on an administrative offense, the execution of a decision in a case on an administrative offense on the imposition of an administrative penalty in the form of administrative arrest.” Order No. 185 of 03/02/2009
To carry out the detention, it is necessary to deliver the driver to a special room at the Ministry of Internal Affairs of the Russian Federation:
- "P. 193. To carry out administrative detention, a person is taken to the duty unit of a unit or body of internal affairs, to a stationary post of traffic police, which have a specially designated room for holding administratively detained persons. Order No. 185 of 03/02/2009
This paragraph of the order tells us that at the stop, the traffic police inspector cannot detain the driver. And his actions are misinterpreted and not based on the law.
Rights of the detainee
A detained driver has the right to notify relatives, management at work or school, and legal counsel. Traffic police officers must immediately comply with his request.
- "P. 194. At the request of a detainee, his relatives, the administration at his place of work (study), and his defense lawyer are notified of his whereabouts as soon as possible.
- 195. The parents or other legal representatives of a minor must be notified of the administrative detention.” Order No. 185 of 03/02/2009
The detained driver is obligatory explained by the traffic police to his rights and obligations, this is noted in the protocol of administrative detention. It also states:
- date and place of compilation;
- position, surname and initials of the person who drew up the protocol;
- information about the detained driver;
- time, place and reasons for detention.
The protocol is signed by the person who compiled it and the driver. If the driver does not agree with the actions of the employees and is not going to sign the protocol, a corresponding note is made in it. And one more important point– a copy of the delivery protocol is provided to the driver only at his request.
"P. 197. The detainee is explained his rights and obligations under the Code, about which an appropriate entry is made in the record of administrative detention.- 198. A protocol is drawn up on administrative detention in accordance with the provisions of Article 27.4 of the Code, which indicates the date and place of its compilation, position, special rank, surname and initials of the officer who compiled the protocol, information about the detained person, time, place and reasons for detention ". Order No. 185 of 03/02/2009
According to the administrative code of the Russian Federation, detention is carried out for a period of no more than three hours. If during the arrest it turns out that the driver is being prosecuted in a case of an administrative offense, the penalty for which may be arrest, for example, when a case is initiated for non-payment of a fine for violating traffic rules (Article 20.25 of the Code of Administrative Offenses of the Russian Federation), then in this case the driver is detained may extend up to two days. It should be noted that the term of administrative punishment begins to be calculated from the moment the detainee is delivered.
- "P. 201. The term of administrative detention should not exceed three hours, except for the case of proceedings in a case on an administrative offense that entails administrative arrest as one of the measures of administrative punishment, when the person against whom the proceedings are being conducted may be subjected to administrative detention for no more than 48 hours." Order No. 185 of the Ministry of Internal Affairs of the Russian Federation of 03/02/2009
For the detention of detainees, there are premises specially designated for this in the department of the Ministry of Internal Affairs or special institutions that are created by the executive authorities of the constituent entities of the Russian Federation in the prescribed manner. The government determines the general conditions of detention of detainees, food standards, as well as the procedure for their medical care. All premises or institutions used to hold detainees must comply with sanitary standards. The possibility of unauthorized leaving of these places of temporary detention should be excluded.
From the foregoing, we can conclude that only such a short-term restriction of freedom will be considered detention, in which the driver was taken to a specially designated room, as the people say - “monkey”, for his further maintenance.
"P. 201. The term of administrative detention of a person is calculated from the moment of delivery, and of a person in a state of intoxication, from the time of his sobering up ...”. Order No. 185 of the Ministry of Internal Affairs of the Russian Federation of 03/02/2009
What to do when delaying the check?
The next day after the incident, it is necessary to draw up a complaint, which should be addressed to the higher leadership of the traffic police. It must include the following information:
- date and time of stop;
- stopping place;
- Full name of the inspector, badge number;
- the reason for the stop, if it was announced, and if not, then write “without explaining the reason for the stop”;
- wording of the complaint: the check was delayed by the inspector, the purpose of these actions was not explained. He said that he had the right to detain for 3 hours. I did not agree, I referred to Chapter 27 of the Code of Administrative Offenses of the Russian Federation and paragraphs 192-201 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009, that the driver is detained from the moment he is delivered to a special room and in the presence of an administrative offense. The aforementioned traffic police inspector is not familiar with these standards and did not act according to the law. I ask you to check this fact;
- witness statements, if any;
- evidence of these actions (dictaphone recording, filming on a video camera).
“Damage caused by the illegal application of measures to ensure proceedings in a case of an administrative offense is subject to compensation in the manner prescribed by civil law”
It is best to deliver the complaint yourself, as you should be given a copy on the spot, with a signature on acceptance of the application and the date.
Do not think that the truth can always be on the side of power structures. Know your rights and enforce them. Good luck to you. In the next issue, we will touch on the issue of searching for witnesses.
There are seven reasons for holding a vehicle.
2. This is the lack of rights and documents for the vehicle, there is no power of attorney. (Article 12.3, Clause 1 of the Code of Administrative Offenses). The absence of a technical ticket and insurance is not a reason for detention!
3. This is a malfunction brake system, steering and coupling device as part of a road train. (I wonder how IDPS will prove a malfunction of the steering?) (CAO art. 12.5 p. 2).
4. The driver has no right to drive this vehicle, except for a training ride, and also if the driver has been deprived of the right to drive. (CAO Article 12.7, Clause 1 and Clause 2), incl. expired rights.
5. The driver drove the car in a state of intoxication, (CAO Art. 12.8)
6. as well as for failure to comply with the legal requirement of the inspector to undergo a medical examination for intoxication. (CAO Art. 12.26)
7. For violation of the rules of stopping or parking on the roadway, resulting in the creation of an obstacle to the movement of other cars, (CAO Article 12.19, paragraph 4)
8. For stopping or parking in a tunnel.
But you have a chance, because on the spot you can:
p.1 - go for the documents yourself, or ask someone to bring them to you;
p.2 - fix the problem or call a tow truck yourself. The inspector can scare technical malfunction where operation is prohibited. But in this case, you can drive to the place of parking or repair (see Checking the technical condition of the car).
p.3,4,5 - find a driver who will drive the car to the parking lot;
p.6,7 - to have time to return to the car before its evacuation.
If you are able to take these measures, write in the protocol: “I am ready to eliminate the reason for the detention on the spot in 20 minutes.” Refer to the decision of the Supreme Court of December 22, 2000 (BVSR No. 7 of 2001): “He (the driver) stopped the vehicle, presented the documents he had with him for verification and took measures to eliminate the reason for the detention. Under such circumstances, the requirements of the traffic police to place the car on penalty area…were illegal.”
The above list of reasons for the detention of the car is exhaustive. For example, it is impossible to detain a car after an accident to clarify any circumstances or conduct examinations under the Code of Administrative Offenses. The inspector may refer that the car is an instrument of the offense, and therefore falls under Article 27.10 "Seizure of things and documents" and can be seized. It should be objected as follows: the concept of “vehicle” in the Code of Administrative Offenses has an independent status, and special security measures are defined for it, such as “inspection of a vehicle”, “removal from driving a vehicle”, etc. There is also a special rule “Detention of a vehicle”.
If the accident is serious, then under the Code of Criminal Procedure, the detention of the car is possible. Remember that in this case you are not required to pay a penny for a tow truck and storage.
The detention of a car is regulated by the Decree of the Government of the Russian Federation "On the detention and prohibition of the operation of vehicles." The first three hours of finding the car for a fine. parking is not paid. Tow truck and finding the car in a fine parking lot for more than 3 hours you pay out of your own pocket. (VS CAS06-260).
Transportation can only be carried out by another ground vehicle. If the inspector offers the network behind the wheel himself, you can agree - save on a tow truck.
After 07/01/08, the transfer of a vehicle to a penal parking lot and the first day of storage are not paid (Article 27.13, Clause 1 of the Code of Administrative Offenses).
39.1. Evacuation of a car that interferes with trafficThis is possible only if the car is standing in your absence in violation of traffic rules. To do this, it is enough not only to violate the relevant signs or clause 12.4 of the SDA, but also simply to leave the car not parallel to the carriageway (Section 12.2 of the SDA).
The second condition for evacuation - obstruction to traffic - follows from Article 27.13, paragraph 1 of the Code of Administrative Offenses. In this paragraph there is a reference to Article 12.19, paragraph 4 of the Code of Administrative Offenses, where it is said about the obstruction to traffic. Naturally, the inspector will declare that your car interfered with traffic, and in the event of an appeal to the court, there is no reason not to trust the inspector. You can complain and demand proof that the car interfered with traffic, but I think it will be useless.
Article 27.13, paragraph 1 of the Code of Administrative Offenses will be amended from 01.07.08, then it will be possible to move a car that cannot be moved to the impound for technical reasons, to another place with subsequent blocking. But even after this date, the use of a blocker on a regular passenger car, which can be evacuated to a fine. Parking lot, illegally.
If you managed to return to the car before its evacuation, then you are able to eliminate the reason for the detention, and they have no right to evacuate your car. Demand the return of the car immediately! (Article 13 of the "Rules of Detention"). Do not fall for the tricks that the tow truck has already been called, that the car has already been loaded. No one forbids, in accordance with civil law, the owner of a tow truck to demand compensation from you for using a tow truck, but the car must be returned to you.
Demand to show attesting witnesses (see Witnesses) who signed the protocol of detention and were present at the time of loading. The driver of the tow truck cannot be understood - he took responsibility for the car after the start of loading. If it was not possible to prevent the evacuation, then try to take a picture of the situation, attract the attention of passers-by with a loud cry and constantly turning on the alarm, and look for witnesses. You can get into the car, lock the doors and start the engine, then evacuation will become impossible, because. prohibited as transportation of people outside the cab truck(SDA clause 22.8), and loading and unloading operations GOST 12.3.009-76 clause 2.5.
VV Kuzin: “The fact is that at the time of the offense, when the vehicle is parked in the place where it interferes with traffic, a decision is made to detain the vehicle. In the presence of witnesses, a protocol is drawn up on the offense, on the detention of the vehicle, and the vehicle is handed over to the representative of the movement service, this is where the actions of the employee seem to end. Then civil law relations enter between the organization that is engaged in the movement of vehicles, and directly the owner. But, if the inspector is still at the site of this tow truck, which is loaded or has already loaded, then naturally in this situation he should consider issuing a permit for the detained vehicle, since the reason for the detention has been eliminated. ... Either a note is made in the protocol of detention, or a separate document is issued, as stated in the government decree. Therefore, if an employee was on site and he did not issue a permit, he acted absolutely illegally.”
When leaving the car, always turn the steering wheel all the way and lock it. This is an additional obstacle both for theft with the help of a tug and for a tow truck. It is necessary to understand how the car was loaded. If a front-wheel drive vehicle is dragged in gear with the wheels turned off, this can cause serious damage to the structure. Carry out an examination and make claims against the company that owns the tow truck, and the traffic police - the inspector saw that the car would be damaged, however, he deliberately ordered the loading.
If your right to the immediate return of the car is violated, contact the prosecutor's office with a statement to initiate an administrative case under Article 12.35 of the Code of Administrative Offenses against the inspector who carried out the arrest.
Keep receipts for payment for towing services and parking fees. According to the court, this money must be returned to you from the treasury - 1069 of the Civil Code of the Russian Federation, however, if you can prove that you were already there at that moment - this is why photographs and witnesses are needed. By the way, if the prosecutor refuses to punish the inspector, no one forbids you to appeal against his actions in court.
Telephone dispatch service 727-17-33.
The duty department of the traffic police of Chelyabinsk 254-99-45, 256-30-02.
Addresses of penalty parking
Trinity tract, 11-b,
Crossing of the Meridian highway and Goncharenko street,
The intersection of the streets of the 1st Pyatiletka and Tankistov,
Crossing of Mamin and Khokhryakova streets,
Truda Street, stop "Sportivnaya",
Salavat Yulaev, 7.
Annex 2 to the Decree of the Head of the city of Chelyabinsk dated December 13, 2006 N 2078-p. The list of sections of roads on which evacuation is carried out:
1. St. Vorovsky from Lenin Ave. to the street. Timiryazev (St. Vorovskogo, 1, 1a, 2).
2. Lenin Avenue from the street. Elkina to st. Vorovsky (Lenin Avenue, 55, 56, 57, 58).
3. Lenin Avenue from the street. Ternopilska to st. Enthusiasts (Prospect Lenina, 72, 74, 76, 79, 81, 83, except for car parking).
4. Prospekt Lenina from the parking lot of the store "Sport" to the street. Russian (Lenin Avenue, 29, 31, 33, 34, 36, 38).
5. St. S. Razin from the Chelyabinsk-Main overpass to the street. Torgovoi (street S. Razin, 2, 6, 8, shopping mall "Sinegorye").
6. St. Kurchatov from st. Vorovskogo to st. Blucher (street Kurchatova, 19).
7. St. Freedom from Lenin Ave. to the street. Communes (Svoboda St. 48, 60, 62, 64, 66).
8. St. Zwilling from Lenin Ave. to the Governor's Residence (Zwilling St. 27, 28, 29, 30, 31, 32, 33, 34, 36).
9. Pobeda Avenue from the Saturn store to the Rovesnik store (Pobedy Avenue 159, 161, 166, 168).
10. St. Labor from st. Elkina to st. Kirov (St. Labor d. 98, d. 100, d. 105).
11. St. Vorovskogo from the street. Timiryazev to st. Krasnaya (Vorovskogo street, 5, 7, 9, 11, 29).
12. St. Labor from the house N 64 to the street. Pushkin (Truda st., 64, 66, 68, 77, 79, 81, 83).
13. St. Br. Kashirin from st. Kirov to st. Kaslinskaya (60 Kirov St. to 101a Kaslinskaya St., from 74 Kirov St. to 137 Kaslinskaya St.).
15. St. Kirov from the passage to the market building to the street. Br. Kashirinykh (along the house of 60 Kirov St. to 101a Kaslinskaya St.).
16. St. Freedom from st. Miass along the house N 10.
17. Sverdlovsky prospect from st. S. Curve to Lenin Avenue.
18. St. Red from st. S. Curve to Lenin Avenue.
19. St. Br. Kashirin from st. Kirov along the circus building to the street. Coastal.
20. St. Machine builders from house N 25 to the checkpoint of JSC "Elektromashina.
39.2. The car is being fined. parking lot
“About the detention of the vehicle ... an entry is made in the protocol on an administrative offense or a separate protocol is drawn up.” - Article 27.13, paragraph 4 of the Code of Administrative Offenses. If there is no place in the protocol for the driver's explanations, but in any free place write: “I can eliminate the reason for the detention on the spot. The date. Time". It is advisable to bring witnesses.
The protocol should indicate in detail the technical condition of the vehicle: "The car is in good condition, on the move, there are no scratches, dents or other mechanical damage to the body." Do not forget to fully reflect the completeness of the car: wheels, tires, fog lights, radio, speakers, mats, tools, the amount of fuel in the tank, etc. You can play on this. A scrupulous description of the car will take a very long time. Not every inspector is able to pass this test. And he has nowhere to go, because it is he who takes the car. And until the description procedure is completed, he has no right to load it onto a tow truck. Do not be shy: the color of the covers donated by the mother-in-law must be included in the protocol, not to mention the numbers of expensive tires and speedometer readings.
Take everything you can carry from the car. You don't have to give the keys to anyone. Turn on the alarm, but bypass the shock sensor and turn off the siren. The car will be sealed, and you sign each tag.
Find out exactly which parking lot the car is being transported to, and where the duty station is located, in which they will issue a permit to return the car. Try to pick up the papers for the car right away so that you don’t have to go to the impound once again.
The duty unit will offer to pay a fine, if any. It's illegal, but it's better not to argue - time is against you. Authorization to return the vehicle will be issued. Go to the parking lot, take documents to pay for its services. Pay, get the car back. All this must be done around the clock.
Penalty parking may be illegal. In this case, keeping your car on her is illegal, as is illegal to pay for her services. You can ask for constituent documents.
In case of any conflicts with employees, there is no need to argue. If the car is not given back, although the reason for the detention has already been eliminated, call 02 or write a statement to the local police department. There were problems with payment for services - pay, receive receipts and draw up a statement of claim in court.
After 07/01/08, the tow truck and finding the car for the first day at the penal parking lot are not paid.
When paying, ask for the mileage of the tow truck and the rate per kilometer. Mileage can be increased. After payment, write a complaint that the mileage is not true. The money will be returned to you.
At the parking lot, you will be asked to sign an act that the car was returned safe and sound. If there are damages, describe them in detail in the act. If friction has begun with parking workers, call 02 or write a statement to the local police department.