1. What is the legal basis for towing away (removing) vehicles and how are the towing prices regulated?
The legal basis for towing away illegally parked vehicles can be found in Law on road safety in Article 296 which defines who is responsible for removing vehicles which are illegally parked or stopped.
‘Parking Servis’ tows away vehicles using a special tow truck ‘Spider’ by the order of Traffic Police, Communal Police or Municipal Inspection of the City or particular municipality who are authorized to carry out supervision over illegally parked vehicles.
A police officer, communal police officer or an inspector in charge issues a decision establishing that a vehicle is illegally parked (states the type of offence) and orders the vehicle’s owner to remove illegally parked vehicle within a time frame of 1 minute. In case that the vehicle is not removed by its owner in due course it will be moved by ‘Parking Servis’ to a designated location at the owner’s expense. For each towed vehicle, a police officer, communal police officer or an authorized inspector issues an order for removing a vehicle to ‘Parking Servis’. The order states the reason for towing of the vehicle, the time and the date of the order, the type of offence, the name of the police officer, communal police officer or an inspector who has issued the order.
Based on paragraph 11. Article 296 of Law on road safety and Article 43 paragraph 1. of Law on the Government, the Serbian Government passed the Decision on regulating the compensation for towing a vehicle. This Decision defines the compensations for towing a vehicle that is parked or stopped contrary to the Law on road safety or abandoned on a location where parking or stopping is allowed, by order of authorities in charge – Ministry of Interior, Communal Police and a Municipal Inspection.
Categorization of vehicles has been made based on a vehicle weight and the prices for towing result from this categorization. All the vehicles are divided into 6 categories:
- vehicles of up to 800 kg (the sum of the mass and carrying capacity of vehicles),
- vehicles from 801 to 1330 kg (the sum of the mass and carrying capacity of vehicles),
- vehicles from 1331 to 1900 kg (the sum of the mass and carrying capacity of vehicles),
- vehicles of 1 901 kg and more and cargo vehicle between 1.901 kg and 4 t maximum permissible weight (the sum of the mass and carrying capacity of vehicles), buses registered for 15 passengers,
- trucks between 4 t and 14 t maximum permissible weight (the sum of the mass and carrying capacity of vehicles), buses registered for 16 to 45 passengers, truck trailers and objects from 4 to 8 m² and
- Trucks over 14 t maximum permissible weight (the sum of the mass and carrying capacity of vehicles), trucks semitrailers, buses registered for over 45 passengers, construction and agricultural machinery.
The price of towing depends on a vehicle weight, and the price does not include mandatory fines by the police or Municipal Inspection. According to the category of a vehicle, a daily price for keeping a vehicle on a ‘Parking Servis’ location is also defined. This comes into force 72 hours after towing the vehicle to the location. The service is paid in cash, credit or debit card, or by cheque prior to retrieving the vehicle.
Based on the above-mentioned Ordinance of the Government, Belgrade City Council has approved the price list for towing vehicles.
2. What is the procedure in case the vehicle is damaged during the towing?
After the price for vehicle towing had been paid and before vehicle owner would leave the vehicle pond, he/she is required to file a complaint about spotted damages to the parking attendant. At a location where vehicle is towed, customer should address the attendant for making the record and establishing the facts. If it is determined that the damage is caused by the Company’s fault the vehicle owner is issued a Statement of damage and a damage application form. These documents should be submitted to the insurance company that the ‘Parking Servis’ has the signed contract with.
3. What is the procedure to call for ‘Spider’-tow truck deployment – in case where a vehicle is blocked by another illegally parked vehicle or if a disabled person calls for an action?
The call is sent to ‘Parking Servis’ Call centre. An operator takes registration plate number of the vehicle that obstructs the traffic, the street and the parking place the vehicle should be moved from and personal data (full name and telephone number).
The request is then forwarded to the Department for towing vehicles and our staff on duty sends the first available tow truck to the location with the mandatory presence of a traffic police officer, communal police officer or a municipal inspector – they will issue an order for removing the vehicle.
The speed of response depends on evaluation of priority, which is determined by the authority in charge – the police or Municipal Inspection.
4. Why is sometimes a vehicle towed away to a location which is not the closest to the street from which the vehicle has been removed?
The only reason is a limited capacity of some car parks. In case that a car park is full the illegally parked cars are towed to other locations with free places.
5. What is the procedure for removing the vehicle from a regular parking place in order to provide access to loading and unloading of goods?
This question is out of ‘Parking Servis’ jurisdiction but we are appealing with the parties involved, to act in accordance with regulations determined by the Special decision of City Council of goods delivery at the Belgrade city territory which defines the times and manner of goods delivery.
In situations not covered by the said Ordinance, a special permit to temporary change the regime can be sought from Traffic Department. If the department grants such a permit than the space for goods delivery will be provided and the parking will be temporarily prohibited. The vehicle parked on such a place will be in violation of law and Traffic Police or Communal Police can issue an order to tow away an illegally parked car.
6. What is the procedure when one wants to renounce an ownership over a vehicle placed in Mileve Marić Ajnštajn garage?
In order to give up a vehicle you need a traffic licence and an ID card. The traffic licence must be in the name of the applicant. Form of renunciation over a vehicle is filled at the garage Mileve Marić Ajnštajn.
7. What is the procedure when taking a vehicle towed from the accidents to car park in Brodarska Street?
In order to take a car towed from the traffic accident it is necessary to provide a document by the Traffic police offices for site investigations of accidents (Savska Street no. 35), a traffic licence and an ID card. Upon settling the charges at Staro sajmiste which are defined by the current price list according to the vehicle category, the vehicle can be taken.
8. Can a punter get an access to the photos of his car taken during making an order for towing the vehicle?
The photographs which are taken by ‘Parking Servis’ employees before towing the vehicle are an integral part of official documents of the Company and they are concerned with possible damages caused to the vehicle before towing it.
The photographs related to position of an illegally parked vehicle are forwarded to Traffic Police Head office in Ljermontova Street no.l2a or Communal Police Head office in Makenzijeva Street no.31. In case there is a complaint about the offence recorded with a photograph the client should contact the above mentioned address.
9. Who is to be informed in case there is an abandoned vehicle that unnecessarily occupies a parking space?
An order to remove an abandoned vehicle is issued by a city public inspection or Communal Police. A new Law on traffic safety prescribes that the Traffic Police can also issue orders for removing such vehicles.
10. Is there a car park for commercial buses which transport the city visitors?
There are 9 parking places for buses on the car park ‘Milan Gale Muškatirović’.
11. Is it possible that a tow truck ‘Spider’ tows a vehicle that parking is properly paid for?
Vehicles are towed away when it is illegally parked or stopped i.e. when it is parked contrary to the Law on road safety and Decision on public car parks.
Paying for parking in case when it is done contrary to the Law and Decision on public car parks as well as on locations where stopping and parking is forbidden is pointless and does not prevent punishing illegal parking.
12. Can an owner of a towed vehicle get an access to data of the person who reported the illegally parked vehicle?
In the event the towing of the illegally parked vehicle is done because of a citizen report the data on the person who made a report constitutes an official secret and as such cannot be given to the person whose vehicle has been towed away.
13. Why has ‘Spider’ towed away my vehicle that was parked in front of my home and did not interfere with traffic?
Towing away of vehicles is carried out when a vehicle is illegally parked or stopped, i.e. when it is parked contrary to the Law on road safety and Decision on public car parks by an order of Traffic Police, Communal Police or Municipal inspector. A free personal evaluation whether the parked vehicle interferes with the traffic or not is not relevant.
14. What is the procedure for towing vehicles from the green areas and children’s playgrounds?
The procedure is the same as any other case of illegally parked vehicles. An order to tow a vehicle from a green area, children’s playgrounds and park paths is issued by a City or municipal inspection. For the details please see the answer 1.