Immobilization and setting as a
In which cases? Who decides? Sending of the vehicle as a Notification of the setting as a Recovery of the vehicle Recourse Where to address itself for any information?
In which cases?
When does one proceed you to the immobilization and the setting as a of the vehicles?
She can be decided in cases of infringements provided for by the motor vehicle laws in order to preserve:
- the security of the road users,
- peace and public health,
- the esthetics of the sites and landscapes classified,
- the good state of the roadway system.
A vehicle can be immobilized:
- in the event of driving under influence of intoxication, defect of license or insurance of the conductor,
- if the vehicle represents a danger to the road users because of his poor state,
- if it is abnormally noisy or pollutant.
A vehicle can be immobilized:
- in the event of circulation in natural spaces,
- in the event of hindrance to traffic,
- in the event of nonvehicle respect of the inspections,
- for use of irregular fires and special sound signalling hooters.
A vehicle can be put as a , in particular:
- in the event of hindrance to traffic,
- for stationing irregular, awkward, abusive or dangerous,
- for defect of presentation to technical controls or nonexecution of prescribed repairs.
A vehicle can be put as a :
- for infringement with the protection of the sites and classified landscapes,
- in the event of circulation in natural spaces,
- if the infringement which had justified the immobilization of the vehicle did not cease in the 48 following hours.
Who decides?
The immobilization of a vehicle is decided:
- in general, by an agent or an judiciary police officer, (National police force or Municipal police)
- in certain cases, by other government officials (agents of the bridges and fitted, agents of the customs, inspectors of transport, controllers of the surface transports…).
Who decides setting as a ?
In all the cases, the setting in pound of a vehicle can be ordered by an judiciary police officer.
In the event of infringement with the protection of the sites and classified landscapes, the decision can also be taken by the mayor or, in Paris, by the Prefect of police.
Sending of the vehicle as a
Sending as a
The vehicle is generally removed by a society of towing.
It can however be led to the by an judiciary police officer, an police officer in behavior, a competent gendarme, or by a third party required by them, in their presence.
The vehicle will be kept in an enclosed .
You arrive before the removal of your vehicle (before two wheels of the vehicle did not leave the ground).
Your vehicle will not be sent as a .
If your vehicle were already raised and if the vehicle of towing is still on the spot, you can take again your vehicle if you pay the expenses of the operations preliminary to the setting in pound, or if you commit yourselves in writing regulating them.
You oppose the removal of your vehicle.
The judiciary police officer who prescribed the setting in pound must be seized.
If you persist in your opposition and if it is not justified, you risk an additional fine, for refusal of .
Notification of the setting as a
Notification of setting as a
The setting as a is notified by an judiciary police officer or the authority which the pound concerns.
The notification is sent by registered letter with acknowledgment of delivery in the five working days following the setting in pound.
The notification must mention:
- the authority which prescribed the setting as a and the address of the aforementioned,
- the classification of the vehicle,
- authority qualified to allow the refund of the vehicle,
- the injunction to give the automobile license, and the sanctions in the event of non-delivery.
The notification must also mention:
- the injunction to withdraw its vehicle, and the maximum delay of this withdrawal,
- the warning that beyond this time, the vehicle will be destroyed or given to the service of the Fields, with a view its sale,
- the nature and the amount of the expenses to be refunded.
The notification must also mention the grounds for appeal.
To the notification will be joined, if it you were not already given personally at the time of removal, a double of the descriptive card of the state of the vehicle, established by the agent policeman before the removal of the vehicle, without it being open.
Recovery of the vehicle
Times of recovery of the vehicle Depending on its value and its state, you have from 10 to 45 days, as from one clear day after the date of notification, to recover your vehicle, if not it will be sold by the service of the Fields or will be destroyed. If your vehicle can be to you restored only after repairs, these repairs must be defined by an expert in car.
In the event of obligatory repairs You can make proceed to a counter-evaluation. To proceed to these repairs, or for a counter-evaluation, ask for an authorization of exit of pound the authority which the pound concerns. This authorization cannot be refused.
In the event of defect of technical control You can withdraw or make withdraw your vehicle if you make him undergo the examinations of technical control. You can withdraw or make withdraw your vehicle to make him undergo repair obligatory consecutive with a technical control, or if you wish to make carry out a counter-evaluation.
Checking of repairs In all the case, your vehicle is returned to you definitively only after checking which repairs were indeed carried out, according to the invoice of repairs or the receipt delivered by the approved technical control center.
Caused expenses In addition to the fine related to the initial infringement, you must pay all the expenses of pound in particular: - expenses of the preliminary operations, or removal, - expenses of guard, - and, if necessary, expenses of sale of the vehicle.
Consultancy fees The counter-evaluation and consultancy fees, if necessary, are with your charge only if the counter-evaluation confirms the expertise. The expenses of pound must be invoicees.
Recourse
You dispute the sending as a of your vehicle. You must address to the public prosecutor, with the Court of Bankruptcy of the place of the infringement. It has a five business days deadline to confirm the setting in pound or to order that your vehicle is returned to you.
Where to address itself for any information?
For any information you address, in particular if you are unaware of where your vehicle at summer put as a : - with the police station or the gendarmerie squad, - with the municipal town hall or the police service, - with the prefecture of the department of the place of removal. For the steps, if you dispute the sending in pound, address you to the Court of Bankruptcy.
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