The rules of the Regulation apply to national roads, including express roads managed by MKIF

1. during the period of the standstill, endangering the safety of road ^traffic1 or
2. obstructing the performance of road management ^tasks2, or
3. waiting in a way that obstructs roadside checks, and
4. ^left behind on the public road3

during the removal, storage and sale of vehicles by the public road manager [Article 1 of the Regulation].

¹ A vehicle is in a manner that endangers the safety of road traffic if it is stationary on a public road in a place where stopping is prohibited [§ 14/A (1) a) of the Act].

² The vehicle is in a situation that is not justified by the traffic and that hinders the performance of the road management tasks [§ 14/A (1) (b) of the Act].

³ Abandoned vehicle: a vehicle which has been stationary for at least 72 hours on a road outside a built-up area [§ 2.4. of the Regulation].

The road manager becomes aware that there is a stranded vehicle on the expressway by detectingit.

Perceptionis defined as

• direct detection by the road inspector or other employee or agent involved in road management/operation,
• a telephone call from a third party (e.g. the driver, passenger, other road users); or
• notification by a public authority (e.g. police, etc.).

The report can be made by phone (to the MKIF dispatching service) or in person (e.g. to a road inspector passing by).

The motorway sections managed by MKIF belong to several motorway agencies. Annex3 contains a list of the motorway agencies, with the section boundaries of the sections of motorway under their management and the telephone contact details of the motorway agency dispatching servicefor reporting a stranded vehicle. In addition, it is also possible to make a report by telephone to the central contact details of the MKIF, for which contact details are also given in Annex 3.
Annex 4 to the information notice contains the list and contact details of the intermediaries (authorised partners) involved in the transport of vehicles, who will be involved in the execution and performance of the transport by MKIF.

The Regulation provides for the right of the road manager to take action to remove a vehicle from the road, after different so-called grace periods, depending on the location of the stranded vehicle, for reasons and considerations of traffic and traffic safety and road management/operations.
The grace period according to the table in point 4 refers tothe period of time allocated to the specific location of the motorway within which, if the stranded vehicle is not removed (in particular by the driver, owner or keeper of the vehicle, e.g. in the framework of assistance services, etc.), the road manager is entitled to do so afterits expiry .

It is important to note that the Regulation defines the areas of the motorway where there is no waiting period in the event of a breakdown , i.e. the road manager is entitled to take immediate action to remove the vehicle. Typically, this is the lane of the motorway, a rule which is unquestionably justified in terms of traffic and traffic safety.

The requirement that the driver of the vehicle at the scene of the accident must allow the removal of the stranded vehicle is also justified in terms of traffic and traffic safety [§ 8 (1) of the Regulation]. If the removal of the stranded vehicle is unlawfully hindered by the driver of the vehicle at the scene, the police station competent for the place of the action may be requested to take measures to ensure removal [Article 22(1) of the Regulation].

The road operator may use a contractor with liability insurance or a credit card payment facility [Article 3 (1) of the Regulation] for the removal of the vehicle and for the storage and sale of the vehicle [Article 14/A (6) of the Act].

A list of the operators involved in the transport of vehicles on the motorways managed by MKIF (with their names, headquarters and contact details – telephone number and electronic contact details, the boundaries of the motorway sections belonging to the competent motorway authority where they are located, and the addresses of the storage sites for the vehicles they have transported) is given in Annex 4. If an intermediary is used, the return of the removed vehicle may be carried out without the presence of the road manager.

In the event of removal of the vehicle, the road operator is not liable to pay compensation for the damage caused by the obstruction of the use of the vehicle [Art.

A record must be made of the sighting of the stranded vehicle and of the removal of the abandoned ^vehicle1 (which may include the vehicle left ^behind2 ) (in the case of a foreign vehicle, the latter must also be made in English).

– Interrupted action: action to remove an abandoned vehicle must be interrupted or terminated immediately if the driver (owner or keeper) of the stranded vehicle
(a) returns to the scene during the action and requests that the action be interrupted or terminated,
(b) intends to continue driving with the stranded vehicle, provided that the technical condition of the stranded vehicle does not otherwise endanger road safety by continuing to drive, and
(c) the cost of the action taken is paid.

The fact of the interruption – and the details of the person requesting the interruption and the fact that the costs have been settled – must be recorded in the removal record. In the event of an interruption, the removal record shall also constitute a receipt for the return of the vehicle.

The driver of the stranded vehicle on the spot must be informed of the transport rules by handing over information in Hungarian (or in English and Hungarian in the case of foreign vehicles). If it is an abandoned vehicle AND the stranded vehicle is located at a site as defined in points 3-4 of the table referred to in point 4 of the information notice (i.e. requiring removal after 24 or 72 hours), the information notice must be placed on the vehicle.

A picture of the stranded vehicle must be taken, but video and audio recordings (hereinafter together referred to as “recordings”) may also be made – to show the position of the vehicle, its characteristics, condition, damage or to take inventory of the movable property in or on the vehicle. The data protection information on the recordings is governed by point 8 of this notice.

The stranded vehicle may be removed to the locations detailed in point 6 of the information notice, subject to the costs set out in point 7. If the stranded vehicle is taken to a storage place and

a) abandoned or abandoned vehicles of Hungarian nationality, the details of their owner and/or keeper can be obtained from the national traffic register, after which, in possession of the details, the owner and/or keeper must be informed of the place of takeover (storage place) of the vehicle and the conditions under which it may be taken over, as regulated in detail in the Regulation;
b) it is of foreign nationality and its owner/operator cannot be identified, i.e. it is considered to be an unidentified ^vehicle3, the record of its removal, including the photographs, must be published on the MKIF website within 5 working days of removal at the latest (i.e. publication on the website constitutes notification).

The owner (or keeper) must remove the vehicle from the storage place on the basis of the above notification , after reimbursement of the costs of removal and storage, within a maximum of 30 days of receipt of the notification. The rules on the service of the notification are set out in detail in the Regulation, including the rules governing the presumption of delivery (the so-called “fiction of delivery”).

¹ Abandoned vehicle: a vehicle which is at a standstill and the driver of which is not present at the scene [§ 2.2. of the Regulation]

² “Abandoned vehicle” means a vehicle which has been stationary for at least 72 hours on a road outside a built-up area [§ 2.3. point 3 of the Regulation]

³ unidentified vehicle: an abandoned vehicle that does not have an official mark and an abandoned vehicle whose operator or owner cannot be identified [§ 2.1. of the Regulation];

The Regulation identifies 3 options for the location of the stranded vehicle:

1. to a location other than the motorway(i.e. beyond the section ^boundary1 ) – if the driver of the vehicle on the spot and the road manager or agent agree on transport to another safe location [§ 5 (3) of the Regulation];
2. storage space^re2 [§ 5 (1) of the Regulation] – if
   • (ba) the agreement referred to in point (a) is not (or cannot be – e.g. in the case of an accident the driver has been removed from the scene because of injury, etc.); or
   • bb) it is an abandoned (or abandoned) vehicle;
3. exceptionally rest areathe vehicle may be transported ^to3 [§ 5 (2) of the Regulation] – if all the following conditions are met:
   • (ca) the vehicle is at a location where the road manager is entitled to take it away immediately or within 2 hours of detection (location according to the table in point 4 of the information notice, points 1-2 – e.g. expressway lane, hard shoulder, kerbside)
   • (cb) the vehicle is under 3,5 t gross vehicle weight,
   • (cc) the stranded vehicle has no defects or damage that could pollute or damage the road
   • cd) the driver of the vehicle is on the spot and
     • agrees that the vehicle will be delivered to a rest area, or
     • agrees to pay the cost of removal (with payment on the spot after removal is completed), and acknowledges that
       • is obliged to proceed with the vehicle from the rest area if, owing to its technical condition, it does not endanger road safety by proceeding, or
       • must arrange for the vehicle to leave this location (as defined in point 4 of the table in point 4 of the information notice) within 72 hours under its own responsibility

¹ section boundary: road section belonging to the competent engineering authority of the national road where the vehicle is found (road section from km gauge to km gauge on both sides of a given national road) [§ 2.7 of the Regulation]

² storage place: the premises of the road operator or of the contractor providing vehicle recovery and transport or emergency services on the road section belonging to the competent engineering department of the motorway where the vehicle was found, where the storage and return of the vehicles removed can be ensured [§ 2.5. of the Regulation]

³ This stopping place is the nearest stopping place in the direction of travel of the motorway or, failing this, the nearest stopping place in the opposite direction when turning round at the nearest junction. If, for reasons relating to the operation or safe management of the rest area, it is not possible to accommodate a vehicle at the rest area so designated (e.g. because the rest area is closed or is under reconstruction, etc.), the road manager shall be entitled to designate another rest area.

The unit transport charge to be applied uniformly on the motorways managed by MKIF, on the basis of which the transport cost is determined, also depends on the location(s) of the stranded vehicle (s) to be transported from the locations referred to in point 6 above.

1. If the stranded vehicle is removed to a safe place other than the motorway , as defined in point 6(a) above, the cost of removal shall be at a rate mutually agreed between the driver (owner or operator) and the operator, provided that, if it is based on kilometres (distance), the operator shallbe entitled to charge a maximum net unit charge per kilometre as set out in Annex 5, in addition tothe unit charge (as the basic exit charge)set out in Annex 1 to the Regulation. Annex 6 to this information notice also contains the net unit rates per km for the carriage of vehicles beyond the section boundaries in English.

• If the immobilised vehicle is taken toa storage place (point 6(b) above) or a rest area (point 6(c) above) , the costs of removal and storage may be set at a rate not exceeding the unit rate set out in Annex 1 to the Regulation (Annex 7), subject to the surcharges and other conditions set out therein ( e.g. in the case of an interrupted measure, the cost shall be at least 50% of the unit rate, plus surcharges, if any). of the measure. The unit rates set out in Annex 1 to the Regulation are also set out in Annex 8 to this Information Notice in English.

Annex 1 to the Regulation

• Unit prices according to point 1 for passenger cars or vehicles with a gross vehicle weight of 3.5 tonnes,
• 2 shall apply to lorries or vehicles with a gross vehicle weight exceeding 3,5 tonnes,

in all cases, the net unit charges for the rescue and transport of vehicles and emergency services within the section boundary, up to the place of storage.

All other cases not listed in Annex 1 to the Regulation – in particular the technical rescue of a vehicle damaged in an accident or for any other reason, – shall be regarded as an individual case (with the exception of the case of transport beyond the section limit as defined in point 6(a) above), for which the rates are determined individually.

For further information on the unit rates set out in Annex 1 to the Regulation, please see:

• Publication: the unit rates set out in Annex 1 of the Regulation are published on the MKIF website in both English and Hungarian.
• indexation: the Regulation allows for the annual adjustment of the unit rates in Annex 1 from 1 July 2025, in accordance with the indexation conditions and rules laid down in the Regulation, from 1 July each year.
• foreign currency conversion rule: the conversion of costs in HUF into another currency shall be determined on the basis of the current mid-market exchange rate published by the Magyar Nemzeti Bank for the given day.
• the place of payment of costs:
  • the transport to the rest stop [point 6(c)] or, in the case of an interrupted action/transport (point 5), the transport costs on the spot,
  • in the case of removal to a storage place [point 6(b)], the removal and storage costs shall be paid no later than the date of return of the removed vehicle.

MKIF shall process the personal and vehicle identification data necessary for the performance of its statutory tasks related to the transport of vehicles for the duration of the period for which a claim may be made in connection with the legal relationship arising in connection with the transport and custody of the vehicle [Art.

MKIF Hungarian Concession Infrastructure Development Ltd. is the legal data controller of the road.

The data processing tasks are carried out on a contractual basis by MKIF Infrastruktúra Üzemeltető Zrt.

The contact point for stakeholders is MKIF Infrastruktúra Üzemeltető Zrt.

The information on data management can be found on the MKIF website at: www.mkif.hu/adatvedelem.

The owner or keeper of the vehicle must remove the vehicle from the storage place after reimbursement of the costs of removal and storage, on notification by the road manager.

If the owner or keeper fails to comply with this obligation within 90 days of the 2nd notification, the vehicle

1. can be sold or
2. can be used in other ways.

The rules on sale and other use are set out in detail in the Regulation.

If the sale of the vehicle is unsuccessful or cannot otherwise be recovered, or if the owner or keeper cannot be identified within 90 days of removal, the vehicle

– in the case of a vehicle covered by the Government Decree on waste motor vehicles, to the concession company under the Waste Act,

– in the case of other vehicles, to a registered demolition waste disposal company (together with the waste concession company, hereinafter referred to as the ‘Consignee’)

(hereinafter referred to as the “Transfer”).

If the owner or keeper of the removed vehicle

• the sale, or
• for any other use, or
• the Handover

within 60 days of the date of the sale, other form of recovery or transfer to the transferee, the consideration received from the sale, other form of recovery or transfer to the transferee, less the costs of transport, storage and costs incurred in connection with the sale, other form of recovery or transfer to the transferee, shall be paid to the transferee.