Maybe in your yard there has been a long-standing car, taking a packing place. You do not see the owner, and the local administration does not send a car to the stalls. The question of abandoned transport is not simple, there are problems and pitfalls. We will tell about them further in the article.
Content
- Self-class removal of abandoned car, which says law
- How to find the owner of an abandoned car
- Abandoned car, what period of time it can stand without exploitation
- Abandoned car has a master how to convince him to pass the car to recycling
- How to dispose of an abandoned car, disposal rules
- The owner does not agree to pass the car to the disposal where to report violations
- What is an inconsolable car, how to solve the issue of recycling an incomplete car
- How to dispose of an inconsolable vehicle through local authorities
- How to dispose of an unlike car through court
Self-class removal of abandoned car, which says law
The car does not go anywhere, but only rotates under the snow and rains. And over time, he becomes more like a construction trash than helpful transport. But the problem lies not only in the ugly form, but also safe: homeless people use rusty abandoned cars as a refuge, and children for games. Such cars can occupy a parking space for years, but is it possible to take them?
It turns out that it is impossible. Even if the abandoned vehicle stands in the yard for quite a long time, the owner does not use it and does not appear at all. While the car finally did not lose consumer properties, it is not considered waste, garbage. Self-altitude export will be qualified as an unlawful excretion without the purpose of theft, which is subject to responsibility for Art. 166 CC.
If the legal owner is declared, he can submit on you to court. The loss of consumer characteristics and the level of destruction is quite difficult to determine. It is a car owner to decide, only his word is decisive during the definition, whether the car has lost consumer properties and whether it can be attributed to the garbage. The owner of the car is unlikely to be alert you about your decision.
How to find the owner of an abandoned car
Since cars are sources of danger, they are necessarily subject to state registration. Information about the owner is available in the traffic police, where the machine is registered.
Abandoned car, what period of time it can stand without exploitation
The law is not limited to the time period during which the car has the right to occupy a parking space. The main condition is the observance of the rules, i.e. the lack of interference with other machines, pedestrians. If the rules have changed, there have been any changes in the legislation, the owner may be a violator and to get under the administrative responsibility that is regulated by the CAC.
In this case, you can apply to it measures allowed in this situation. But if all the parking rules are made, cars in the courtyards have the right to occupy the place unlimited time, regardless of whether it is like that or not. No one, in addition to a car owner, cannot move the car. Especially forbidden to deprive the owner of his property without legal grounds.
Abandoned car has a master how to convince him to pass the car to recycling
If the abandoned car has the owner, the decision of the situation again remains behind it. The owner can handle the machine to recycling. If the owner does not want to do this, tenants can try to convince him of removal from accounting, and then ask to dispose of or with its permission to send themselves the machine to dispose in the presence of a traffic police worker.
How to dispose of an abandoned car, disposal rules
For utilization, the car must be taken from accounting, after which with the help of specialized companies that have an appropriate transportation license, collection, placement and disposal of waste, evacuation and auto is disposed of. Find such organizations is easy.
The owner does not agree to pass the car to the disposal where to report violations
If the owner of the car does not take any actions and does not want to get rid of the "autochlama", no one can deprive his property. But you have the right to apply to the court with evidence to the loss of consumer characteristics.
You may need to legally establish the fact of the transition of the machine into the state of garbage, waste. After that, put forward the requirements for the elimination of garbage, that is, the utilization of Avtahlama by law.
You can also go to court to establish the following legal fact: "Termination of property rights as a result of the death of property". The car is destroyed, and its owner almost ceased to be the owner, since the car as a means of movement simply did not become. The destruction of the car is its death. On this basis, it is possible to cease to stop the right of ownership, because it is impossible to the owner of a non-existent thing.
What is an inconsolable car, how to solve the issue of recycling an incomplete car
The car is obvious, if his owner is not detected, unknown or refused the right to the car. It is possible to solve the problem with the disposal of an inconsolable vehicle in two ways: by referring to local authorities or through courts.
How to dispose of an inconsolable vehicle through local authorities
Procedure for contacting the local administration:
- Residents write a statement to the prefecture of the administrative district, the local administration or other body that is authorized to solve evacuation issues. If there are local regulations, the application must specify links to them.
- GosOrgan forms a commission that examines the abandoned car and make an act. A copy of the act, as well as a prevention of evacuation, is attached to the windshield of the car.
- If the local administration does not accept actions after the application for thirty days, the tenants need to apply with the appropriate statement to the head of the administration, attaching a copy of the first application.
- In the absence of any actions of the authorities, it is necessary to submit a complaint to the prosecutor's office. For a month, the facts check and the results are coming to the applicant.
- If the tenants are not satisfied with the decision of the prosecutor's office, they go to court.
How to dispose of an unlike car through court
If you prevent you from an unlikely car and you want to get rid of it, reveal to the court to recognize the car in Nezozny, then on the right to enter the property to the car, then dispose of it. In this case, not only municipal authorities have the right to sue the court, and any person who decides to go through the procedure.
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