Hitting a curb: is it an accident? Who is to blame and what to do?

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Sidewalk - what is written in the law
Who can park on the sidewalk (exceptions to the rules)
How much is the fine for parking on the sidewalk?
From whom should we expect a fine?
Who can record a parking violation on the sidewalk?
How to appeal a fine if issued by mistake
When to pay and how to save
What happens if you don't pay
There is a higher fine for driving on the sidewalk

How much is the traffic police fine for parking on the sidewalk?

But there is a separate sanction for stopping or parking on this element of the road network. It can be either less or higher than for driving on the sidewalk. It all depends on the city in which the offense was committed.

So, for regions and cities, with the exception of Moscow and St. Petersburg, the fine for parking on the sidewalk is 1,000 rubles under Part 3 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation:

3. Stopping or parking of vehicles at a pedestrian crossing and closer than 5 meters in front of it, with the exception of a forced stop and the case provided for in Part 6 of this article, or violation of the rules for stopping or parking vehicles on the sidewalk, except for the case provided for in Part 6 of this article , entails the imposition of an administrative fine in the amount of one thousand rubles.

The general rule also applies here that stopping on the sidewalk is not always prohibited. The traffic rules provide for exceptions when parking on it is allowed.

Expert opinion

Dmitry Tikovenko

Automotive law expert. 7 years of experience. Areas of specialization: civil law, disputes over compulsory motor liability insurance and road accidents

Driving on the sidewalk is prohibited and is punishable by a fine under Part 2 of Art. 12.15 of the Code of Administrative Offenses in the amount of 2,000 rubles, but there is an exception for cars that transport cargo or goods to retail outlets. If you have such a store, then you can drive up to it and unload. But immediately upon completion of the work, it will also be necessary to leave the sidewalk along the shortest route.

Particular attention should be paid to reversing; very often, due to the inattention of drivers or the carelessness of pedestrians, collisions with pedestrians occur, sometimes with fatal consequences.

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A separate amount if you left the car on the sidewalk in Moscow and St. Petersburg

As we indicated above, for the two capitals of Russia there is a separate fine for parking on the sidewalk. Its size is already 3 times higher than in other cities - 3,000 rubles under Part 6 of Article 12.19 of the Administrative Code.

Please note that the increased sidewalk fine is for the cities themselves. If you violated it in the Moscow or Leningrad region, then the amount will be 1 thousand rubles.

Will there be a parking lot?

Towing a car to a special parking lot depends specifically on what the fine is for:

if you are charged under Article 12.15 of the Code of Administrative Offenses for driving on the sidewalk, then in this case evacuation to the impound lot is not provided for by law,
if the fine is issued for parking on the sidewalk, then in this case the impound lot is legal (Article 27.13 of the Code of Administrative Offenses lists all articles of the Code under which the detention of a vehicle is applied).

Moreover, detaining a car is only possible if you are not at the wheel. The fact is that evacuation is not a punishment, but a security measure. That is, you have already been issued one fine for illegal parking on the sidewalk. And they take you to the impound lot in order to prevent further violations, and not to add problems to the car owner. Therefore, if you are there, you have the right to remove the car yourself.

In addition, if you managed to get to your car before it was taken away, you can also count on avoiding towing. Part 1.1 of Article 27.13 of the Code of Administrative Offenses prescribes that you must give the car back under the following conditions:

you have all the documents for driving (driver’s license, vehicle insurance, you are included in the current compulsory motor liability insurance or it is unlimited),
The tow truck with your car has not yet started moving towards the impound lot.

But the last condition does not always work in practice. Often, if your car has already been loaded onto a tow truck, it will not be returned to you. It is illegal. In this case, film what is happening (record specifically that the tow truck has not yet started moving) and appeal the actions of the traffic police officers.

What if you don't drive in, but the bumper is above the sidewalk?

In this case, the fine can be issued in a completely legal manner. Here, by analogy with the stop line, it cannot be crossed by a car - not just with a wheel, but with everything, any part of the car. Also, you can drive onto the sidewalk without a wheel - if any component of the car is located above it, then there will be a penalty.

After all, the rule was invented to ensure that there is no interference for pedestrians, but there is such an obstacle... Although, let’s say, in your case it may not exist, but what if the width of the sidewalk is 70-80 cm, and the overhang of the car is half a meter. Then pedestrians have only 20-30 cm left. And with a stroller there is nothing to do here at all!

Sidewalk - what is written in the law

The definition of a sidewalk in paragraph 1 of the traffic rules: “A sidewalk is an element of the road intended for pedestrian traffic and adjacent to the roadway or bicycle path or separated from it by a curb.”

The controversial point is that the curb is no more than a centimeter in height, it is easy to miss it and accidentally run over the sidewalk. The driver of another car at the same place received a fine and took the car from the impound lot. From the point of view of the traffic police, this is a violation, but the decision can be challenged. How to do this, read below Source: 74.ru.

Fines for parking on the sidewalk for Moscow and St. Petersburg

For Moscow and St. Petersburg, the fine for stopping and parking on the sidewalk is issued in a separate paragraph of the Code of Administrative Offenses of the Russian Federation:

Code of Administrative Offenses of the Russian Federation, Article 12.19. Violation of the rules of stopping or parking vehicles

Part 6. Violations provided for in parts 3 - 4 of this article, committed in the federal city of Moscow or St. Petersburg, entail the imposition of an administrative fine in the amount of three thousand rubles .

So, we have sorted out the amount of the fine for parking in the yard on the sidewalk, or on the main street. Now let's talk about the elements of the offense, that is, what exactly a fine is issued for parking on the sidewalk. After all, a car can stand in different ways, being half or entirely in the pedestrian zone, blocking the passage for pedestrians, or leaving free space for unhindered passage. So, traffic rules do not separate these violations, and the fine for parking with only two wheels on the sidewalk will be the same as for parking with all four. The very concept of a sidewalk is defined in the traffic rules as follows:

Traffic regulations of the Russian Federation, “Sidewalk” is an element of the road intended for pedestrian traffic and adjacent to the roadway or bicycle path or separated from them by a lawn.

Who can park on the sidewalk (exceptions to the rules)

Clause 9.9 of Resolution No. 1090 states that special services - ambulance, police and fire service - are allowed to travel and stop on the sidewalk. As well as road, utility vehicles and trucks, if there is no other way for loading/unloading. If your car does not belong to these categories of vehicles and you are noticed by a traffic police officer, you will have to pay a fine for parking on the sidewalk.

If the car does not belong to one of these services, there will be no fine for illegal parking on the sidewalk if these signs are nearby.

These signs indicate how to park motorcycles and cars.

It is also prohibited to park within five meters of a pedestrian crossing or on a bicycle path.

Pedestrian path sign

However, there is a caveat with the pedestrian path - you can park on it. Such a path is indicated by a sign, as in the illustration above. In this case, the driver will not receive a fine.

But this sign will not save you from a fine if the road section is separated by a curb or lawn.

Where can I park the vehicle?

On the right side of the road

Let's consider clause 12.1 of the traffic rules:

12.1. Stopping and parking of vehicles is permitted on the right side of the road on the side of the road, and in its absence - on the roadway at its edge and in the cases established by paragraph 12.2 of the Rules - on the sidewalk.

1. If there is a shoulder to the right of the roadway, then cars are allowed to be parked only on the side of the road . If the side of the road is occupied by other cars or something else, then parking cars on the roadway is not allowed.

2. Parking cars on the roadway is only possible if there is no shoulder. In this case, the car must be parked at the edge of the roadway, that is, at the curb.

A huge number of cars are parked in populated areas, and in order to park next to the curb you will have to park in reverse. A driver who does not know how to parallel park and leaves the car a meter from the edge of the roadway is a violator.

3. In exceptional cases, you can park cars on the sidewalk . Below this situation will be discussed in more detail.

On the left side of the road

Let's consider the second part of paragraph 12.1:

On the left side of the road, stopping and parking are permitted in populated areas on roads with one lane for each direction without tram tracks in the middle and on one-way roads (trucks with a permissible maximum weight of more than 3.5 tons are allowed on the left side of one-way roads only stopping for loading or unloading).

You can stop on the left side of the road only in populated areas and only in the following cases:

1. On two-lane roads (one lane in each direction) without tram tracks in the middle. If tram tracks are located on the left or right, then they do not prohibit stopping on the left side of the road.

Note. In practice, a continuous marking line may be placed on the road, which will not allow stopping or parking on the left side of the road.

2. On one-way roads, parking on the left side is also allowed. In this case, the presence or absence of tram tracks does not matter at all.

Trucks heavier than 3.5 tonnes (category C) may stop on the left side of one-way roads only to load or unload. Those. On a one-way road, a truck cannot be on the left side of the road:

perform parking;
stop for less than 5 minutes (without loading);
stop to pick up or drop off passengers.

However, a truck driver can park on the right side of a one-way road.

How much is the fine for parking on the sidewalk?

The fine for parking on the sidewalk in 2021 is 1000 rubles. The fine for parking on the sidewalk in Moscow and St. Petersburg is more - 3,000 rubles. Plus, the car can be towed - you will have to pay for a tow truck and impound lot - about 2,500 rubles per day.

It is worth mentioning that the rules work for car sharing users in the same way as for car owners.

You cannot leave your car:

In places for disabled people.
In private parking lots.
In areas where there is no Internet connection.
In an area with limited access.
In places where parking is limited by time - certain hours or days.

Usually the operator in the application shows the parking zone - look before you get behind the wheel. You may reconsider your route or choose a different way to get to your destination.

Parking on the sidewalk

If a driver parks on the sidewalk or drives onto it while parking his vehicle, he will need to pay a fine of 1,000 rubles (for Moscow and St. Petersburg - 3 thousand rubles). The norm is prescribed in Article 12.19 of the Code of Administrative Offenses of the Russian Federation. In addition, the car can be taken to the impound lot in Samara if the driver refuses to move it in accordance with the traffic rules, or is absent during the preparation of the administrative protocol.

Where can you get legal assistance in Samara in 2021

From whom should we expect a fine?

The traffic police officer still has to prove the wrong parking. This is especially difficult if the offender stayed for half an hour and left. The basis for a fine may be:

testimony of witnesses to the violation - a photo can be attached to the complaint on the traffic police website. Muscovites can send a complaint through the Moscow Assistant mobile application.
video recording from a security camera - a traffic police officer will watch it, give an opinion, and the inspector will make a decision.
the video recording made by the witness can be transferred to the inspector as a copy on a flash drive or any other medium. The traffic police officer will attach the recording to the case.

The information is stored on the traffic police server - you can check it at any time. To check how much the fine is for parking on the sidewalk, you will need: the STS of the car and its license plate number.

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Who can record a parking violation on the sidewalk?

First of all, for parking on the sidewalk, a traffic police officer can issue a fine. But they rarely patrol yards in search of such violations, and more often the reason for the fine is complaints from residents of a nearby building. To do this, citizens can complain to one of the services:

traffic police;
district administration;
specialized institution MADI (in Moscow);
ADI intelligence service (in St. Petersburg);
police station of the Internal Affairs Directorate;
websites of city inspection and forced evacuation services;
call the hotline number provided for receiving complaints (can be found at any traffic police or traffic police department);
use a mobile application - for example, “Spot”, “Moscow Assistant” or “Active Citizen” for Moscow residents.

How to appeal a fine if issued by mistake

You have ten days to challenge the inspector's decision. The period begins on the next day after the inspector makes a decision. This usually takes 2-3 days, depending on the workload of the traffic police officers. During the same 2-3 days, the information appears in the traffic police database. There is no need to pay a state fee for an appeal; you just need to fill out the complaint correctly.

If you had to drive onto the sidewalk to transport a seriously ill patient, write so. Perhaps this will help overturn the inspector's decision.

Yuri Panchenko, auto lawyer, author of the book “I’m Always Right on the Road”

Even if you hit the curb with one wheel, this is an offense, and your car can be taken to the impound lot. Another thing is that everything depends on the specific situation.

The Administrative Code contains the concept of “extreme necessity”. This also applies to the parking situation - moving apartments, unloading building materials during apartment renovations. I would advise you to do this: pick up the car, unload it and quickly leave. Don't wait for the builders to lift all the bags of cement onto the floor - after all, your car is in the way of pedestrians.

Even if a traffic police officer caught you unloading in such a way, it is worth approaching and explaining the situation, explaining that in ten minutes you will remove the car. Usually the inspector is satisfied with such explanations and you will not receive a fine for parking on the sidewalk near your house.

Another situation is if you want to appeal the inspector’s decision and recover a fine and moral damages through the court. Such compensation comes from the treasury. Next, the prosecutor's office turns to the Ministry of Internal Affairs so that the traffic police officer reimburses this payment to the treasury. And the employees know about this: on the one hand, they need to fulfill the plan, on the other hand, they need to make sure that they don’t have to give their money to the treasury.

Conclusion: if you quickly eliminate the cause of the violation and report it to the inspector, neither you nor he will receive a fine.

When to pay and how to save

If you do receive a fine and it is fair, you will have to pay. In the first twenty days after the ruling, you have the opportunity to pay the fine with a 50% discount.

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The second way to save money is to reduce the fine in court. In court you will have to prove that parking was justified by extreme necessity. For example, you unloaded a car or let utilities pass while they were working.

It is not possible to receive a discount on a fine in all cases. For example, the car was not registered. In this case you will have to pay in full.