On June, 1 the decision of the government of the Republic of Belarus on the adoption of a new Direction on the order of forced evacuation of vehicles, in accordance with decree of the Council of Ministers of the Republic of Belarus № 666 of May, 26 2006 came into force. The Direction fixes a single order of forced evacuation of vehicles, which create an obstacle for road traffic or pose a threat to the safety of citizens.
A forced evacuation according to the instruction is a forced relocation of a vehicle to a guarded parking lot in case a driver violated the rules of parking. Under the latter the violation of articles 143 and 145 of the Rules of Road traffic is implied. The Rules were adopted by the decree of the president of the republic of Belarus № 551 of November, 28 2005 and in case the driver is outside the vehicle or not in the immediate proximity to it. It is banned to evacuate a vehicle if any passengers do stay in the car.
The Direction regulates the order of registering the evacuation, the inspection of a vehicle done by a road policeman so that any visible or invisible defects are noted in the protocol.
Besides, the document fixes the order of informing the proprietor about the actions taken to his vehicle. This responsibility is assigned to a local operative-duty service of a local internal affairs body. The Article 10 of the Direction fixes the obligation to return the vehicle upon the first request of the proprietor but the latter has to present several documents, including the certificate of vehicle registration, driving licence and a stub. If any of the documents is missing, the vehicle is not liable for return.
The juridical person, whose representatives executed the forced evacuation and keeping the vehicle bear the responsibility for all the damage inflicted on the vehicle.
The person committing the administrative offence covers the costs of evacuation a vehicle to the guarded parking lot. If the person refuses to cover the losses, the sum is to be extracted in court.
