The procedure for detaining a car in the absence of a driver is governed by Decree of the Government of the Russian Federation of December 18, 2003 No. 759 “On approval of the rules for detaining a vehicle, parking it, storage, and also prohibiting operation”.
So, in accordance with paragraph 15 of this resolution, in the event of a car being detained in the absence of a driver, this is immediately reported to the duty unit of the territorial (district) internal affairs body. The operational duty officer establishes the owner and informs him of the location of the vehicle.
To eliminate the reason for the detention, the driver must contact the traffic police department, which issued the detention of the vehicle. There, an authorized official, having ascertained the elimination of the reason for the detention, gives permission (in writing) to issue a vehicle placed in a specialized parking lot and makes an appropriate entry in the protocol on an administrative offense or detention of the vehicle. Often, traffic police officers do not issue permission if it is not the owner who applies for it, but the person who controls the vehicle by simple handwritten power of attorney. You should know that the requirement of a notarized power of attorney or the presence of the owner is devoid of legal grounds!
Another illegal requirement that a driver may face in the traffic police is to pay a fine for an administrative offense. The driver can explain that he does not agree with the decision and will appeal it. If I agree, he has 30 days to pay the fine (Article 32.2 of the Code of Administrative Offenses). If the traffic police officer is persistent, it may be easier to pay a fine, but before that it is necessary to fix the fact of the refusal to issue the car without paying a fine (using a voice recorder or witnesses) in order to appeal against his actions in the future.
The duty department of the traffic police must work around the clock and also around the clock, without lunch breaks, employees are required to issue permits for cars from the special parking lot. If any problems arise with obtaining permission, then fix them again.
In accordance with paragraph 9 of the resolution, the car is issued to the driver on the basis of the aforementioned permit after payment of the costs associated with moving the vehicle to a specialized parking lot and storing it.
In principle, the driver has the right to pick up his car from the special parking lot at any time of the day or night - a necessary and sufficient condition for the car to be returned is the permission of the traffic police department and the payment of a tow truck and parking.
Documents governing the detention of a vehicle are:
- a protocol on the detention of a vehicle (it is not legal to hire a tow truck as a witness, since, according to Article 25.7 of the Code of Administrative Offenses of the Russian Federation, a witness must not be a person interested in the outcome of a case);
- An agreement concluded between the traffic police department and the persons responsible for the storage of vehicles;
- The vehicle registration journal, which is maintained at a specialized parking lot, is registered in the traffic police department and is stored for three years.
The following may be grounds for appeal against the detention of a vehicle:
- unreasonable initiation of an administrative case;