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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 26, 2006 No. 666

About approval of the Instruction about procedure for forced evacuation (blocking of wheels) of vehicles

(as of January 18, 2011)

According to the paragraph the fifth subitem 3.3 of Item 3 of the Presidential decree of the Republic of Belarus of November 28, 2005 "About measures for traffic safety increase" the Council of Ministers of the Republic of Belarus DECIDES: No. 551

1. Approve the enclosed Instruction about procedure for forced evacuation of vehicles.

2. This resolution becomes effective since June 1, 2006.

 

Prime Minister

Republic of Belarus S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 26, 2006 No. 666

The instruction about procedure for forced evacuation (blocking of wheels) of vehicles

1. This Instruction establishes single for the staff of the State automobile inspectorate of the Ministry of Internal Affairs (further - the State automobile inspection) procedure:

forced evacuation of the vehicle in case of violation by the driver of this vehicle of rules of stop or the parking of the vehicles provided by Chapter 19 of the Traffic regulations approved by the Presidential decree of the Republic of Belarus of November 28, 2005 No. 551 "About measures for traffic safety increase" (The national register of legal acts of the Republic of Belarus, 2005, No. 189, 1/6961; 2007, No. 251, 1/9036; 2010, No. 288, 1/12128) (further - rules of stop or the parking of vehicles) as a result of which the obstacle for traffic is created or the safety hazard of citizens arose;

blocking of wheel of the vehicle in case of violation by the truck driver with technically admissible total mass of more 3,5 of ton, the bus, the wheel tractor, self-propelled machine of rules of stop or the parking of vehicles;

return of the vehicle after its forced evacuation or removal of blocking of wheel of the vehicle.

Action of this Instruction does not extend to the towing-in of vehicles which is carried out based on the Law of the Republic of Belarus of May 8, 2009 "About the state protection" (The national register of legal acts of the Republic of Belarus, 2009, No. 119, 2/1568).

2. In this Instruction the following terms and determinations are applied:

2.1. forced evacuation transport sredstvaprinuditelny movement of the vehicle with use of the egresses belonging to law-enforcement bodies or other organizations on the supervised parking in cases of violation by the driver of this vehicle of rules of stop or the parking of vehicles;

2.2. blocking of wheel of the vehicle - use by the employee of the State automobile inspection of technical means for blocking of wheel of the vehicle excluding possibility of movement of the vehicle in cases of violation by the driver of this vehicle of rules of stop or the parking of vehicles;

2.3. person authorized by the owner (owner) - person having the right of the order or use of the vehicle confirmable the power of attorney certified in accordance with the established procedure, the certificate on the right of common property, and also the other person who provided the registration certificate (log book, the technical coupon) on the vehicle.

3. Forced evacuation of the vehicle in the presence in it the passenger (passengers) is prohibited.

4. When using the egress which is not belonging to law-enforcement body, legal proceedings are performed by the employee of the State automobile inspection who shall be present when moving of the evacuated vehicle and its placement on the supervised parking.

5. In case of forced evacuation of the vehicle external examination of such vehicle regarding establishment of its visible defects and damages to presence at least two witnesses is performed about what the protocol of survey of the vehicle is constituted (further - the protocol). At the same time time and the venue of survey, its results and also stated by participants of survey of the note shall be reflected if those are available.

The protocol is constituted in triplicate, first of which remains at the employee of the State automobile inspection who performed forced evacuation of the vehicle, the second - in the supervised parking, third, intended for the owner (owner) of the vehicle, is stored in the supervised parking and handed to it in case of the address about return of the vehicle.

6. In the protocol date, time and the place (address) from which forced evacuation of the vehicle, type and brand (model) of the vehicle, its registration sign, the list of the available visible defects and damages of the vehicle, the address of the supervised parking on which this vehicle, position, surname, own name and middle name of the employee of the State automobile inspection who constituted the protocol, and also the name of the organization - the owner of the egress, surname, own name, middle name of person managing this egress will be placed is made are in addition specified.

In case of the placement of the vehicle on the supervised parking in the protocol the name of the organization, surname, own name and middle name of person which accepted this vehicle on storage are specified.

7. About forced evacuation of the vehicle, and also the service of territorial authority operational and on duty of internal affairs in the place of making of administrative offense which without delay reports to the owner (owner) about forced evacuation of the vehicle is immediately informed on the place of its stay.

8. Access for the owner (owner) or representative by the owner (owner) of person to compulsorily evacuated vehicle which is in the supervised parking is performed only in the presence of the worker performing its protection.

9. The vehicle placed on the supervised parking returns to the owner (owner) or the representative the owner (owner) to person according to its first requirement the worker of the supervised parking according to the decision of the employee of the State automobile inspection after carrying out necessary legal proceedings upon the allowed offense.

In case of receipt of the vehicle the owner (owner) or person authorized by the owner (owner) shall show:

registration certificate (log book, technical coupon) of the vehicle;

the car driver license on the right of control of the motorized vehicle of the corresponding category with the coupon to it (the certificate of traktoristamashinist of the corresponding category with the coupon to it, temporary permission to the right of control of the motorized vehicle). The documents specified in this paragraph are not required if the vehicle gets from the supervised parking by the method which is not requiring management of it.

In the absence of at least one of the specified documents the vehicle is not issued.

10. The worker performing protection and (or) issue of the vehicle in the presence of the bases to believe that person which arrived behind the vehicle is in alcohol intoxication or under the influence of drugs, the psychotropic, toxic or other stupefying substances, shall report about it in territorial authority of internal affairs and before arrival of staff of law-enforcement bodies not to issue the vehicle.

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