The transfer of a vehicle to a special guarded pound must always rest on a specific norm: the law defines the grounds for this measure by a closed list, and outside that list every transfer is contestable. At the same time, the return of a car that reached the pound after a road accident is written into strict deadlines for the victim — in the form of submitting an application and an expert assessment. Our service works in both directions: we verify the legality of the transfer and carry out the procedure for releasing the vehicle and obtaining compensation for the damage.
The Closed Grounds for Transfer
The law clearly frames removal from driving and/or transfer to a special pound. The first group is intoxication: where an offence connected with alcoholic, narcotic or psychotropic intoxication is committed, the driver is removed from driving, a protocol is drawn up and intoxication is established under the procedure set by legislation. The second group is the status of the right: where the offence carries a suspension of the driving licence, or the driver has no licence or has it suspended or deprived on another ground, a police officer may transfer the vehicle to a special pound.
The third group is the road accident: in the cases provided by legislation the officer is obliged to transfer the vehicles involved in the accident to a special or other guarded pound — except where the parties settle and consent to the fine ticket, or where the victim, without settlement or consent to the ticket, does not wish the transfer; the costs are borne by the offender. The fourth group is technical defects: the operation of a vehicle with a faulty braking system or steering mechanism, or arbitrarily modified, is prohibited by an authorised officer of the Ministry of Internal Affairs. A transfer outside this list cannot be lawful — and that is the first object of the complaint.
The Victim’s Release Chain
In a road accident the law gives the victim a concrete path: the victim may retrieve a vehicle transferred to a special or other guarded pound if, within the established period, he submits to an authorised officer of the Ministry of Internal Affairs an application and an expert assessment. The period is strict: the application and the assessment must be submitted no later than 10 calendar days from the issuance of the relevant fine ticket. Until a final decision is taken on the case, the vehicle driven by the offender remains at the pound.
Two warnings accompany this chain: where the victim refuses the transfer, or demands the vehicle before the expert assessment has been carried out, he loses the right to request the decision and the writ of execution — and in that case the pound costs are borne by both parties. The decision — retrieve immediately or preserve the right to compensation — must therefore be calculated legally, not emotionally.
The Compensation Mechanism
Where an administrative offence caused property damage, the judge, when imposing the penalty, is obliged to impose on the offender the obligation to compensate the damage. In the defined cases, where a vehicle is damaged, the offender identified and a ticket issued, on the victim’s application and expert assessment an authorised officer of the Ministry issues a decision and a writ of execution — for the compensation of restoration or replacement costs. The enforcement bureau carries out the enforcement measures and gives priority to a lien on the vehicle with which the offence was committed.
At any stage the parties may suspend or terminate enforcement through a written settlement; disputes over the decision and the writ are examined by a court. Even a victim who does not use this mechanism may dispute with the offender under the civil procedure — so there are several paths, but each has its own deadline and formal condition.
Challenging the Legality of the Transfer
A complaint about the legality of a transfer is built on the same general rules: the decision may be appealed by the person against whom it was issued, by the victim and by the author of the protocol; the complaint is filed with the issuing organ and forwarded within 3 days; the deadline is 10 days from handover; no state duty is payable. The central questions of the complaint are: whether the transfer rests on any ground of the closed list; whether the procedural conditions of the invoked ground were observed; and whether the demanded costs are excessive or unfounded.
Frequently Asked Questions
Below are the most frequently asked questions about transfers to a special pound.
When may a car be transferred to a pound?
Only in the cases provided by law: removal connected with intoxication, suspension or absence of the driving licence, participation in a road accident, and prohibition of operation due to technical defects.
How do I, as the victim, retrieve the car from the pound?
Within no later than 10 calendar days of the ticket issuance, submit an application and an expert assessment — this opens the path to retrieval and compensation.
What happens if I demand the car before the assessment?
The victim loses the right to request the decision and the writ of execution, and the pound costs are borne by both parties.
Who pays the transfer costs?
In a road-accident case — the offender; where the victim refuses or retrieves early, the costs are borne by the parties.
Can the transfer itself be appealed?
Yes — within 10 days, free of state duty; the grounds are the absence of a legal basis or a breach of procedure.
How We Help on Legal.ge
On Legal.ge we establish the legality of the transfer ground, protect the 10-day deadline for the victim’s application and expert assessment, prepare the complaint and the position for compensation through settlement or court. We do not advise what the law does not support — Contact us on Legal.ge and receive a precise assessment.