For several years, Commissioner for Human Rights in Saint-Petersburg Alexander Shishlov has been receiving complaints from owners of vehicles placed on car impounds regarding the lack of legal possibilities to eliminate the technical failure, which was the reason for detention.
Citizens, whose vehicle had been detained by the traffic police in accordance with the article 27.13 of the Code of Administrative Offences of the Russian Federation, faced the need to provide documentary evidence of «elimination of the cause of detention», that is, carrying out repair works, in order to take equipment out of the impound. The result was a vicious circle. «Both picking up the car for repair is impossible, and visiting mechanics are not allowed to enter the facility as this issue is not legally regulated. The result is long-term delay and significant financial costs," reads the appeal to the ombudsperson.
Having studied the practice of usage of the abovementioned article in Saint-Petersburg, «in order to eliminate corruption factors», Alexander Shishlov initiated changes in the procedure of movement, storage and return of detained vehicles, which would allow car owners to eliminate existing breakdowns. However, the ombudsperson’s proposals were not initially supported by the Government of the city, whose duties include the establishment of requirements for specialized parking. Representatives of the executive authorities referred, particularly, to the lack of powers «to create an alternative procedure on transportation <…> to the place of repair." The recommendations to provide the owners of motor vehicle with the possibility of making repairs directly on the impound were not properly considered.
To solve the problem, the regional Commissioner had to turn to the Governor of Saint-Petersburg, who later instructed the Committiee on Law, Order and Security «to work on the issue." As a result, «Regulations on approval of the admission of outsiders and work on the territory of specialized parking lots to eliminate the causes of detention» were adopted, which allows citizens to repair the motor vehicle which is on the impound, having received, thus, the lawful bases for its return.
Adapted from the Press Service of the Commissioner for Human Rights in Saint-Petersburg
Photo: open sources