A new instruction on the compulsory evacuation of a vehicle has come into force in Belarus

A new instruction on the compulsory evacuation of a vehicle has come into force in Belarus, approved by Resolution of the Council of Ministers No. 986 of October 17, 2014.

The instruction describes the procedure for the compulsory evacuation of vehicles, placing vehicles in a guarded parking lot, towing without placing them in a parking lot, and also specifies the rules for wheel locking.

The decision on compulsory towing (evacuation) of a vehicle and its placement in a guarded parking lot is made by traffic police officers authorized to draw up protocols for administrative offenses. In this case, the state traffic inspector is obliged to inspect the vehicle in the presence of the owner or their representative (if the owner cannot be found, then in the presence of at least two witnesses) and draw up a corresponding protocol. If possible, photo or video recording is carried out, the materials of which are attached to the administrative offense case. The protocol is drawn up in three copies, the first of which remains with the traffic police officer, the second is at the guarded parking lot, and the third is intended for the vehicle owner.

The instruction notes that the vehicle owner or the owner's representative has access to the forcibly towed vehicle in the parking lot around the clock, but only in the presence of the parking lot security guard. The vehicle is returned to the owner upon first request, and refusal due to non-fulfillment of the administrative penalty order, unwillingness to pay for parking and towing services is not allowed. To retrieve the vehicle, you must have vehicle documents and a driver's license with you. Drivers in a state of alcohol or drug intoxication will not have their vehicles returned.

Upon return of the vehicle at the owner's request, a re-inspection of the vehicle must be carried out, and a corresponding act must be drawn up. Payment for compulsory towing and vehicle storage services is made at internal affairs bodies or another organization to which the evacuation vehicle and the guarded parking lot belong. In case of refusal, the amount is recovered through court proceedings.

A vehicle is subject to towing if it obstructs other vehicles, traffic, the operation of emergency vehicles, or road and utility services. At the same time, the persons who decided to tow the vehicle must take all possible measures to inform the vehicle owner about the need to eliminate the obstruction they created before towing.

The document also provides for the following: a traffic police officer, in cases established by legislative acts, has the right to block the wheel of a vehicle if the driver is not in the vehicle or in its immediate vicinity. The front left wheel is blocked; if this is not possible, any wheel of the vehicle that is most easily accessible is blocked. The operational duty service of the territorial internal affairs body at the place of the administrative offense is immediately informed about the wheel lock. If a wheel other than the front left wheel is blocked, the vehicle owner is also informed.

The wheel lock is removed in the presence of the vehicle owner or their authorized representative upon the first request after presenting the vehicle registration documents and driver's license.

Corr. BELTA