The Novosibirsk City Hall intends to clear the yards of auto junk

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Published: 04/13/2020

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— An abandoned Moskvich-412 has been standing in our yard for a long time. Flat tires, broken windows, cut seats. I remember that about two years ago it was repaired by some old man, who then disappeared somewhere. In winter, the snow is not cleared from it, it takes up space. Can we, the residents of the house, roll this car out somewhere so that it does not bother us? Maybe it can be scrapped?

— In the legislation of the Russian Federation there is no such thing as an “abandoned car.” The law defines it as “ownerless property.” If a car has license plates, it is not considered ownerless property. Since it has an owner, any attempts to move it from its place will be regarded as “hijacking” and qualify under Part 1 or Part 2 of Art. 166 of the Criminal Code of the Russian Federation, which is punishable by a fine of up to 120 thousand rubles. or up to 200 thousand rubles, if the “hijacking” will be carried out by the collective forces of residents of the entrance or house.

• Where is the owner?
• How to remove auto junk from the yard

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If an abandoned car interferes in the yard, you need to contact the local administration with a written statement. She must take action to find the owner and liberate the territory.

It is possible that you will receive a refusal or some kind of explanation in response to your written application, and no one will remove the car. Local administration leaders have their own reasons for this.

By what signs can you tell that a car has been abandoned?

According to the law, abandoned vehicles are considered to be emergency vehicles that cannot be restored; dismantled cars (with wheels removed, windows broken, etc.) to be restored; dismantled cars that are located within the city and are registered with district administrations and cannot be restored; cars that do not have license plates.

Based on the last point, if even the rustiest junk has numbers, it means that it has a specific owner, and only he can move it. Any seizure of property (and in this case, a rusty piece of junk is property) is possible only by a court decision (Article 35 of the Constitution of the Russian Federation).

Where is the owner?

The car becomes unnecessary if the owner:

1. Cannot repair it due to lack of spare parts or funds.
2. Temporarily absent while on a business trip or in prison.
3. Ill or disqualified.
4. He died, and the heirs cannot formalize the inheritance or do not consider it necessary to do so.
5. He cannot use the car for its intended purpose and has turned it into a “warehouse”.

In any of these cases, if local authorities take the initiative and take the car to a landfill or parking lot, the owner, not finding it in the yard of the house, can contact the police to report the theft. When the police find out that the vehicle was removed at the initiative of the administration, the owner can sue the administration. Therefore, local authorities are reluctant to clear abandoned cars with license plates from yards.

It is up to the district police officer to identify all the circumstances, who must use the license plate number, body number or engine number to determine whether the car belongs to a specific person.

The next step will be to determine the permanent registration address of the owner and find out the reason for the long-term parking of a car that has become unusable.

Car recycling program in 2020

Where should a car that is unusable be located?

To answer this question, first of all, you can refer to Moscow Government Decree No. 1125 of December 7, 1999 (as amended on September 23, 2008) “On the creation of a citywide system for the collection and recycling of vehicles subject to disposal.” If a “functioning” car can park within the city in any place where, according to traffic regulations, parking is permitted, then an “unused” car cannot do this. Cars that are unusable for use are allowed to be stored on territory that belongs to the owner personally (garage) or in specialized places (service stations, parking lots). Therefore, it is illegal to keep such a car in the courtyard of a residential building. Abandoned vehicles may only be stored on city property for a fee set by the city government. If the relevant requirements are not met, the owner faces a fine.

Abandoned cars: what to do with them

Today in some yards you can see the following picture: a car is being purchased. It’s been standing for a year or two, but still no owner. It rusts slowly and becomes covered with bugs. Local authorities do not react to this; no one takes her to the impound lot. And the car continues to spoil the appearance of the yard and take up a parking space in the already cramped parking lot. What can be done about this and how to solve the problem of an abandoned car?

Unfortunately, it is impossible to remove the car on your own using a tow truck. That is, you can, of course, hire him and take him out of the occupied territory, but only this will entail punishment in accordance with Article No. 166 of the Criminal Code of the Russian Federation. Because according to the documents, this is an ordinary car, not junk at all, and besides, it’s someone’s property. Even if the owner doesn’t show up. Nevertheless, he exists and has the right to sue you for illegal seizure of property from him. In addition, only the owner can determine whether his car is considered junk or not. How to act in this situation? Indeed, in addition to inconvenience, an abandoned car poses a danger: long exposure to air oxidizes the metal, which in turn leads to the penetration of iron oxide into the soil with rain, and this is harmful to the soil. Oil and other harmful liquids that spill from a car penetrate into groundwater and sewage systems. And an abandoned battery is generally quite a dangerous thing. The lead and hydrochloric acid contained in it are highly toxic and can accumulate in the body.

What to do if you find an abandoned car

The most important thing is to find the owner, if there is one. You can do this at the traffic police department at your place of residence. There are two scenarios for the development of events: either the owner abandoned the car, which has not yet lost its consumer qualities, or the loss of consumer qualities is already an obvious fact. So, you need to proceed in different ways. Below we will look at several options for solving the problem.

How long can an abandoned vehicle sit? According to the law - as much as you like! Only if it does not interfere with other cars and pedestrians. That is, a car can rot in the yard forever if it is parked correctly. But let's return to the search for the owner.

If there is an owner

So, if the owner is available and found. Ask him to deregister and dispose of the car. Perhaps he will be happy to do this if he understands that his garbage truck is just wasting in the yard in vain and disturbing everyone. To do this, you need to deregister the car, then contact the vehicle evacuation and recycling service. There are these in every city.

But if the owner of the car does not want to do anything in this direction and everything suits him anyway, then you can only act through the court. It will be necessary to prove that the car is already devoid of consumer qualities and has no place in the yard. To do this, you need to establish the fact that the car has become junk, and then make a demand for its removal from its occupied space. The main thing is to act legally, resorting to the help of the judiciary, and everything will work out for you.

If the owner is not found

If you cannot find the owner or he has refused ownership of the car, then in this case the vehicle is considered ownerless. Then your actions should look like this:

— All residents must write an application to the local administration about car disposal

— The administration, in turn, will form a commission, inspect the car and write a conclusion on this issue

— If there is no response to your application within a month, feel free to go to the head of this government agency with a copy of the application

— If in this case the result is zero, then go straight to the prosecutor’s office.

— The next authority is the court. In the case when the decision of the prosecutor's office is not acceptable to you.

How local authorities should act

Upon receipt of an application from residents, the actions of government agencies will be as follows:

— Request to the traffic police to identify the owner of the car

— If the car is not registered to anyone, an evacuation order is taken

— Vehicles are taken to the impound lot

— The car goes into municipal ownership if the owner fails to appear within a month

— In this case, the car is scrapped

The exception is the lack of regulations in a given region and the lack of funds in the budget for these procedures. Then only the court.

Resolving the issue of an abandoned car in court

You have the right to go to court to have your car declared ownerless if its presence causes you certain inconveniences.

That's all we wanted to tell you about the problem of abandoned cars. Remember: there are always solutions. The main thing is that all your actions are always consistent with the law.

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It's not that simple

It seems that everything is clear with the question of how to remove an abandoned car, but there are difficulties that are beyond our control. Not all localities have the necessary resources to solve this problem and the corresponding regulations. The traffic police may not have effective mechanisms for transmitting information about the owners of abandoned cars to the relevant authorities. Or local budgets may not allow for the expenses required for auto junk events.

There are no uniform laws and regulations that apply to the entire territory of Russia. Each region creates its own documentary base that identifies the signs and establishes the characteristics by which a car is considered abandoned. Accordingly, the procedure for evacuation and disposal of such vehicles is carried out according to various schemes. If we consider St. Petersburg, then to assign a car the status of junk, all it takes is a broken headlight or a flat tire. After a month of continuous parking in the yard, such a car is already subject to evacuation.

Each region may have its own regulations regarding such cars.

But in the glorious city of Yekaterinburg or the harsh Chelyabinsk, the population generally does not think about where to report an abandoned car. After all, the concept of mandatory evacuation of abandoned cars does not exist here. Local authorities are convinced that such actions are contrary to the law and infringe on the personal property of citizens.

Now you know where to complain about careless car owners who abandoned their iron horse and gave the public the right to decide its future fate, as well as how to evacuate an abandoned car. In these matters, you should not act on your own, since the car owner may show up at the most inopportune moment and declare his rights to the property. In this case, the law may turn against you, and the owner may be able to press charges of trespassing and misconduct.

Signs that a car has been abandoned by its owner

The vehicle has its own specific characteristics, which prevent a clear determination of its unsuitability. Yes, and there are problems with disposal; you can’t throw it in the trash like other garbage. There are several signs by which abandoned cars are identified:

1. Clear traces of an accident that cannot be restored.
2. The damage can be repaired, but the vehicle has lost its competence.
3. Removed state numbers.
4. Lack of body parts: wheels, doors, windows and other elements.

Such abandoned cars in the yard take up parking spaces, which are already sorely lacking, and are used by homeless people for overnight stays, drug addicts for shelter, and children for games. Of course, residents of nearby houses do not like such an object, so the desire to get rid of it is off the charts. But where to go about this problem? There are two options for the behavior of caring people who do not want to live next to automobile junk.

Is it possible to park in someone else's yard?

The increasing level of car consumption and the lack of high-quality design solutions for parking in residential areas have led us to the fact that wars in the courtyards of apartment complexes for parking spaces are being waged, sometimes to defeat. Often, in the local areas of apartment buildings bordering offices, you can see how parking lots chaotically fill up by 10:00 and melt away after 19:00-20:00. What to do in a situation where there is nowhere to park your car near your office? What should residents of houses do if they are “closed”? Today I want to analyze the situation, whether it is possible to park in someone else’s yard, and I will try to objectively assess the situation of both the owner of a foreign car and the tenant of the house.

To complicate the task, let's put the parking conditions in a vacuum - the car is parked on the roadway of the local area (not on the lawn, etc.), does not block the exit of other cars, does not block the road for pedestrians, is not started, its weight is less than 3.5 tons, in in general, everything is within the framework of non-violation of the legal framework.

So, let's begin. We all remember that relations regarding apartment buildings, including the status of the local area, are regulated by the Housing Code of the Russian Federation. Clause 16 of the RF Housing Code established that the land plot on which the apartment building is built is the property of the residents. Consequently, the decision on how to use the territory near the house can only be made by apartment owners, which is also enshrined in Art. 44, including introducing restrictions on use. (install barriers, etc.)

In connection with this point, we will divide the following narrative into 2 cases: parking in the local area without a barrier and signs prohibiting parking and with such, respectively.

1. There is no barrier, and there are no parking restrictions.

In this case, none of the residents have the right to prohibit parking in the yard, and here’s why.

The current civil legislation does not prohibit passage through a site owned by the owner, unless the latter has clearly indicated that entry to it is prohibited (clause 2 of Article 262 of the Civil Code of the Russian Federation). Here it is necessary to make a reservation that this power only works under the condition of not causing disturbance or damage to the owner.

It turns out that, unless otherwise indicated on the site, it can be used as a public area, you can park your car on it, and no one has the right to restrict your entry/exit, provided that all the requirements outlined above are met.

Often, residents of the house begin to threaten the owner of the vehicle by calling a tow truck. There is no need to be afraid of this - a tow truck will not work without a permit from the traffic police, and the traffic police cannot recognize this parking as illegal.

Advice for owners. How to deal with strangers in a parking lot? To prevent such actions, it is necessary to fence the area, install a barrier, or otherwise indicate that parking is prohibited.

The advice is not legal, but practical for those parking. If you received a “tag” from angry residents, you still shouldn’t get involved in legal discussions; it’s better to move the car to a safer place - as a Chinese sage used to say, the best fight is a fight that was avoided.

1. There is a barrier, there are information signs about parking prohibited.

As a general rule, you will not physically park, since there is a direct prohibition from the owners, expressed in restricting the use of the site through the installation of a barrier. And, by and large, nothing can be done here; you will have to look for another place for your swallow.

However, if you think that there should not be a barrier in this area and that it was installed illegally, you should note this.

As I wrote earlier, the decision to install a barrier is made by the general meeting of premises owners (By virtue of clause 2, part 2, article 44 of the Housing Code of the Russian Federation). It turns out that they came out, voted, accepted, installed? But no. To ensure legal support for the installation of barrier elements, care must be taken to comply with the following points:

1. Decision of the meeting. As stated above, in order to install a barrier in the local area, the votes of at least 2/3 of the residents must be received.
2. Carrying out cadastral registration of land that belongs to the apartment building. It is necessary, since the owners can dispose of the site, including limiting access to it, based on the boundaries of this site.
3. No barriers to access for all residents to the home. It is necessary that each owner has a key/card/fob to be able to open the barrier.
4. Barrier approval. The icing on the cake is that many HOAs do not reach this stage due to the length of the process, but in vain. Certain regulations establish that it is mandatory to obtain permission to install barriers. For example, coordination with the Ministry of Emergency Situations (to prevent emergency services from entering), coordination with the administration and the traffic police is also required.

To clarify the consistency of installing a barrier in a particular area, you can contact the housing inspectorate, local administration, Ministry of Emergency Situations, State Traffic Safety Inspectorate, or court.

Advice for owners. If a meeting of residents made a decision to install a barrier, it is necessary to take all legal requirements responsibly and perform all the actions indicated above. If a violation of one of the above requirements is detected, the owners risk losing the installed structure due to its illegality.

Okay, we sorted out the situation in a vacuum. What should residents do if the constant picture of the yard is “closed” cars, parking on the sidewalks and other delights?

Here you need to know that the traffic rules fully apply to courtyard areas and such “boors” can be punished with rubles, for which you need to contact the traffic police, provide information about the offense committed with a description of the situation. By the way, those who like to “close” another car may face a fine of 2 tr. (clause 3 of article 12.19 of the Code of Administrative Offenses of the Russian Federation).

However, in no case do I urge you to arm yourself with phones and go on the warpath with unfortunate parking attendants - we are all human and make mistakes. I advise you to first call the owner using his car card (if he has one, of course) and simply ask him to move the car.

These are the pies.

How do you feel about parking in other people's yards?