From 1 September 2016 mitigated liability for the detention of the vehicle

Entered into force changes to the administrative code governing the procedure for detention of cars

From 1 September 2016 mitigated liability for the detention of the vehicle

September 1, 2016 came into force 23.06.2016 Federal law No. 205-FZ “On amendments to article 27.13 of the Russian code of administrative offences”.

In article 27.13 “the detention of the vehicle” was amended to adjust the order of application of measures of maintenance of manufacture on business about an administrative offence in the form of detention of the vehicle.

According to the Federal law №205, article 27.13 of the administrative code was amended in 1, 3, 8 pieces. 10, 11 and 12 of the article 27.13 of the administrative code will be presented in other editions.

What bonuses do these changes to the driver?

These changes enable the driver to stop the evacuation of your car to the impound lot and do the preparation of the Protocol on the violation, if it will stop the violation, depending on what was produced by the detention of the vehicle: motorist will eliminate technical failure on the car, move the car with prohibited Parking areas, give the vehicle a sober driver if you were the man at the wheel was drunk.

The return of the detained vehicle to its owner, the owner’s representative or other person who has in his possession the documents necessary to control this vehicle, is carried out immediately after elimination of reasons for detention.

In addition, from September 1, 2016 came into force postpaid system at which the owner, his representative or the ion entity with the documents necessary for the management of this vehicle, will be able to return evacuees to impound a car without advance payment exposed by service of evacuation amount.

Changes made to Article 27.13 of the administrative code

In part 1 St. 27 of the administrative code, the words “in violation” replaced “To prevent violations”.

In part 3 the words “or the termination of the specified detention” to replace with words “about the termination of the specified detention, or return of the vehicle”

Part 10 St. 27.13 in the new edition:

“10. Moving of vehicles on specialised Parking, except for vehicles referred to in part 9 of this article, their storage and return to owners, representatives of owners or persons in possession of the documents required to manage the data of vehicles, payment of persons brought to administrative responsibility for administrative offences, which entailed application of detention of vehicles, cost of removal and storage of the detained vehicles shall follow the procedure established by laws of constituent entities of the Russian Federation. The return of the detained vehicles to their owners, representatives of owners or persons in possession of the documents required to manage the data of vehicles is carried out immediately after elimination of reasons of their detention.”

Part 10 St. 27.13 in the previous version:

Moving of vehicles on specialised Parking, except for vehicles referred to in part 9 of this article, their storage, payment of expenses on moving and storage, return of vehicles to their owners, representatives of owners or persons in possession of the documents required to manage the data of vehicles, shall follow the procedure established by laws of constituent entities of the Russian Federation.

Part 11 St. 27.13 in the new edition:

“11. The person brought to administrative responsibility for an administrative offence, the entailed application of detention of the vehicle, except for the cases specified in part 9 of this article, pays the cost of the movement and storage of the detained vehicle in terms and tariffs established by the authorized body of Executive power of a subject of the Russian Federation in accordance with the guidelines approved by the authorized Federal Executive body exercising the functions for adopting normative legal acts and control over compliance with legislation in the sphere of state regulation of prices (tariffs) for goods (services). The duty of a person, brought to administrative responsibility for an administrative offence, the entailed application of detention of the vehicle, to pay for the cost of the movement and storage of the detained vehicle is reflected in the resolution about appointment of administrative punishment.”

Part 11 St. 27.13 in the previous version:

The costs of moving and storage of the detained vehicle, except vehicles referred to in part 9 of this article, shall be indemnified by the person who committed an administrative offence, the entailed application of detention of the vehicle.

Part 12 Of St. 27.13 in the new edition:

“12. In the event of termination of proceedings on an administrative offense on the grounds provided by paragraph 1, paragraph 2 (excluding cases of failure to reach a physical person at the time of Commission of illegal actions (inactivity) the age provided by the present Code for attraction to administrative responsibility, or transfer the case to the Prosecutor, the preliminary investigation body or inquiry body in connection with the presence of illegal actions (inaction) of evidence of a crime), paragraphs 3, 8 and 9 of part 1 of article 24.5 of this Code, the costs of moving and storage of the detained vehicle shall be charged to the Federal budget and in the event of termination of proceedings on administrative offense, which was in the production of Executive authority of the subject of the Russian Federation on the budget of the corresponding subject of the Russian Federation. In the event of termination of proceedings on administrative violations on other grounds the obligation to pay the cost of moving and storage of the detained vehicle is on the person who has committed illegal actions (inaction) that caused the detention of the vehicle, his parents or other legal representatives. The decision on the allocation of the costs of moving and storage of the detained vehicle at the expense of the Federal budget or the budget of a constituent entity of the Russian Federation or the obligation to pay for the cost of the movement and storage of the detained vehicle on the person who committed illegal actions (inaction) that caused the detention of the vehicle, his parents or other legal representatives is reflected in the ruling on termination of proceedings on an administrative offence.”.

Part 12 Of St. 27.13 in the previous version:

In the event of termination of proceedings on an administrative offense on the grounds provided by paragraph 1, paragraph 2 (excluding the case where there is no physical person at the moment of Commission of illegal actions (inactivity) the age provided by the present Code for attraction to administrative responsibility), points 3, 7 of part 1 of article 24.5 of this Code, the costs of moving and storing the vehicle are indemnified in the order established by the legislation of the Russian Federation, and the vehicle immediately returns to its owner, the owner’s representative or the person having possession of the documents required for the management of this vehicle.