The procedure for issuing vehicle detentions and impoundments will change: what has changed

The procedure for issuing vehicle detentions and impoundments will change: what has changed

      The President signed a law amending two measures for securing proceedings in cases of administrative offenses — the suspension from driving a vehicle and the detention of a vehicle. The document was adopted by the State Duma on May 13 and approved by the Federation Council on May 20.

      Suspension from driving (Article 27.12)

      According to the new version of part 3 of Article 27.12, a record of the suspension from driving a vehicle can be made in one of the following documents:

      a protocol for referral for a medical examination;

      a protocol for the detention of a vehicle;

      a protocol for an administrative offense;

      a ruling on the initiation of an administrative offense case;

      a decision in the administrative offense case.

      A copy of the suspension protocol is handed to the individual.

      The new part 3¹ of Article 27.12 establishes that a separate protocol is drawn up for the referral for a medical examination for intoxication. A copy is also handed to the individual.

      Part 7 of Article 27.12 has been supplemented: a video recording is attached not only to the protocol but also to the ruling on the initiation of the case or to the decision in the case.

      Detention of a vehicle (Article 27.13)

      The new version of part 3 of Article 27.13 stipulates that a record of the detention of a vehicle (indicating the date, time, place, grounds, details of the official, information about the vehicle, and the individual) can be made:

      in the protocol for an administrative offense;

      or in the ruling on the initiation of the case;

      or in the decision in the case (if such information is not present in these documents).

      The record of detention must include the mandatory indication: the name of the authority (institution, organization), position, surname, first name, and patronymic (if available) of the person who will execute the decision on the detention — that is, the tow truck driver or an employee of the organization carrying out the relocation.

      A key procedural provision is that the officials who applied the detention must be present at the site of the vehicle's detention until the tow truck (the vehicle intended for relocation to a specialized parking lot) begins to move.

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The procedure for issuing vehicle detentions and impoundments will change: what has changed

A federal law has been published that amends Articles 27.12 and 27.13 of the Code of Administrative Offenses of the Russian Federation. Inspectors are now required to be present at the scene before the tow truck begins moving, and the referral for a medical examination must be documented in a separate protocol.