These requirements do not apply to guest parking - the car can be parked temporarily anywhere in the yard, of course, if you do not violate traffic rules.
- Decree of the Government of the Russian Federation of October 23, 1993 No. 1090 “On Traffic Rules”.
The traffic rules do not contain the concept of “yard”, but it is said that the same rules apply in courtyards as in residential areas.
10.2. In populated areas, vehicle traffic is permitted at a speed of no more than 60 km/h, and in residential areas, bicycle zones and courtyard areas, no more than 20 km/h.
17.2. In a residential area, the through traffic of motor vehicles, practice driving, parking with the engine running, as well as parking of trucks with a permissible maximum weight of more than 3.5 tons outside specially allocated and marked areas with signs and (or) markings is prohibited.
17.3. When leaving a residential area, drivers must give way to other road users.
17.4. The requirements of this section also apply to courtyard areas.
To understand whether the driver is violating clause 17.2 of the rules, you need to know what parking is and how it differs from stopping.
Clause 1.2 of traffic regulations
“Stopping” is a deliberate cessation of the movement of a vehicle for up to 5 minutes, as well as for longer if this is necessary for boarding or disembarking passengers or loading or unloading the vehicle.
“Parking” is the intentional interruption of the movement of a vehicle for a period of more than 5 minutes for reasons not related to the embarkation or disembarkation of passengers or the loading or unloading of the vehicle.
- “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ.
According to Article 12.28 of the Code of Administrative Offenses of the Russian Federation, those who violated the rules when driving in a residential area (which is the courtyard of an apartment building) must pay 1,500 rubles
.
The fine for the same violation in Moscow and St. Petersburg
is twice as large -
3,000 rubles
.Let's take a closer look at cases of improper parking in courtyards.
Half a car on the sidewalk
As we said above, you cannot park the car so that one part of it is on the sidewalk and the other on the road. Parking on the edge of the sidewalk is permitted only if there is a parking sign in this place and one of the signs expressly allowing such parking.
Clause 12.2 of the Russian Traffic Regulations:
parking on the edge of the sidewalk bordering the roadway is permitted only for cars, motorcycles, mopeds and bicycles in places marked with sign 6.4 (“Parking”) with one of the signs 8.4.7 (indicates the type of vehicle covered by the sign) , 8.6.2, 8.6.3, 8.6.6 - 8.6.9 (indicate the method of parking cars and motorcycles in sidewalk parking).
A driver who leaves a car on the sidewalk (if there are no special signs or plates nearby that allow this) will receive a “chain letter” worth 1,000 rubles if a violation is recorded. In Moscow and St. Petersburg, the fine for such a violation is higher: 3,000 rubles.
Code of Administrative Offenses of the Russian Federation, Article 12.19:
3. ...violation of the rules for stopping or parking vehicles on the sidewalk, with the exception of the case provided for in Part 6 of this article, shall entail the imposition of an administrative fine in the amount of one thousand rubles.
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.
Which driver violated the stopping rules?
| 1. | Only the driver of a passenger car. |
| 2. | Truck driver only. |
| 3. | Both violated. |
Both drivers violated the stopping rules, since stopping on highways is allowed only in special parking areas marked with a parking place sign or a rest area sign. In addition, the driver of the car stopped to the left of the edge line, i.e. on the roadway.
Parking with the engine running under the windows
According to clause 17.2 of the Russian Traffic Regulations, parking with the engine running in the yard is prohibited. But here it is necessary to distinguish between the concepts of “stop” and “parking”, which we wrote about above. Time and purpose are taken into account. Drivers, of course, always turn this to their advantage, hoping that no one will prove anything. Therefore, it is difficult to hold people accountable for the fact that an engine rattled for 20 minutes in the yard.
In this situation, video recording will help. You can film the offender on your phone. And if video cameras are installed in the yard (on the house) and they recorded the violating driver, you can take these recordings and attach them as evidence to the complaint to the traffic police.
Code of Administrative Offenses of the Russian Federation Article 28.1:
1. The reasons for initiating a case of an administrative offense are:
4) recording an administrative offense in the field of traffic
or an administrative offense in the field of improvement of territory, provided for by the law of a constituent entity of the Russian Federation, committed using a vehicle or the owner or other owner of a land plot or other property,
operating automatically with special technical means that have the functions of photography, filming, video recording, or means photography, filming, video recording
.
The violator, under Article 12.28 of the Code of Administrative Offenses of the Russian Federation, will be fined 1,500 rubles, and if the case occurs in Moscow or St. Petersburg - 3,000 rubles.
Appealing a fine
Any citizen has the right to appeal the decision of the traffic police inspector drawn up against him. It is best to express your objections on the spot, and if it is impossible to achieve understanding on his part, warn about your intention to record them in the protocol, take photographs or video recordings.
When filing a statement of claim in court or a complaint to the head of the traffic police inspector who imposed the fine, a record of objections in the protocol will work in favor of the applicant, and photo or video materials will help clarify the situation.
The law provides for 10 days to appeal the protocol. If the court rules to reject the driver’s claim, he will have to pay the fine within 2 months.
Minibuses in the yard at night
If buses or minibuses are parked in your yard overnight, this is a violation. You have the right to write a statement to the traffic police. The fines for the driver, officials and the organization that owns the bus are impressive.
Part 3 of Article 11.33 of the Code of Administrative Offenses of the Russian Federation:
Parking a bus, tram or trolleybus used for regular passenger transportation at night outside the designated areas shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles; for officials - ten thousand rubles; for legal entities - twenty thousand rubles
.
When is parking permitted?
Short-term parking up to five minutes is permitted according to traffic regulations:
- when it is necessary to disembark or pick up passengers;
- short-term loading/unloading of things.
Important! Stopping is allowed provided there are no obstacles, and when the vehicle itself is not an obstacle for pedestrians and vehicles. Also, short-term parking is allowed in the absence of sign 3.27 “Stopping is prohibited.”
These rules apply to any type of vehicle: corporate, freight, regular intercity buses. A corporate bus has the right to drop off employees at a stop and this is not a violation.
The car interferes with traffic
If a car is parked in such a way that it interferes with the passage of other cars, or interferes with the passage of pedestrians or people with limited mobility (disabled people in wheelchairs, mothers with strollers), this, of course, is also a violation.
Clause 12.4 of the Russian Federation Traffic Regulations:
Stopping is prohibited:
... in places where the distance between ... the opposite edge of the roadway and a stopped vehicle is less than 3 m;
... in places where the vehicle ... will make it impossible for other vehicles to move (enter or exit) (including on bicycle or bicycle-pedestrian paths, as well as closer than 5 m from the intersection of a bicycle or bicycle-pedestrian path with the roadway), or interfere with traffic pedestrians (including at the junction of the roadway and sidewalk on the same level, intended for the movement of people with limited mobility).
If you notice this, notify the traffic police after taking a photo of the vehicle parked in the wrong place. The violator may first be given a warning and then forced to pay a fine of 500 rubles.
Part 1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation:
1. Violation of the rules for stopping or parking vehicles, except for the cases provided for in Part 1 of Article 12.10 of this Code and Parts 2 - 6 of this Article, entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.
What is a sidewalk from a legal point of view?
The Traffic Rules define a sidewalk as an element of a road adjacent to a roadway or bicycle path, or a place separated by a lawn and intended for pedestrian traffic.
The definition is very vague and therefore controversial situations constantly arise between citizens and government officials. You should be guided by the description given in the traffic rules of the Russian Federation and by general signs on the ground.
The standards of road elements intended for pedestrian traffic are determined by GOST R52766-2007 “Public automobile roads. Arrangement elements. General requirements".
Based on the current legislation and regulations, it is possible to determine the legal status of sidewalks as sections:
- adjacent to the roadway and separated from it by something, if they are on the same level;
- raised in relation to the level of the main part of the road;
- relating to road elements not marked with special signs;
- not being a dividing strip.
Kinds
Sidewalks differ in the manufacturing method. The choice of one or another coating depends on the category of street or road, traffic intensity, and other local conditions.
There are main types of coverage:
- wooden;
- asphalt;
- concrete;
- stone made from natural materials;
- paving slabs.
The width of the road elements intended for movement also depends on the intensity of human traffic.
Structurally, in relation to the roadway, the types of sidewalks are:
- adjacent, with an installed curb stone or fence;
- separated by a lawn.
Pedestrian areas of roads are developed mainly above the level of the roadway.
Difference from footpath
The sidewalk is an element of the road and always runs along it, and the pedestrian path is an independent object that can be located outside the roadway. Drivers often confuse these two concepts. The pedestrian path is marked with a special sign and is an area for the movement of people, and if provided, also for cyclists.
Trucks in the yard
As we have already established above, clause 17.2 of the Russian Traffic Regulations clearly states that trucks with a permissible maximum weight of more than 3.5 tons cannot be parked in a residential area. This is permissible only when there are special markings and corresponding signs.
But we are talking only about truck parking. You can make a stop. We know about the difference between stopping and parking. Therefore, if you need to hold a violating driver accountable, you can take a video of his parked truck - this will make it clear how long he has been standing in the yard. According to Article 12.28 of the Code of Administrative Offenses of the Russian Federation, the driver will pay 1,500 rubles. Or 3000 rubles - for Moscow and St. Petersburg.
I parked incorrectly in the yard
If you violated the parking rules in the yard and someone recorded it, you may receive a “chain letter”. You can check whether you have unpaid fines on the State Traffic Inspectorate website. The car can also be towed for improper parking, for example, if the car is parked on the lawn or sidewalk, in a place intended for the disabled.
It happens that work is planned in the yard - clearing snow, laying asphalt. Then announcements are placed in advance stating that parked cars need to be removed and that parking in this area should not be carried out during the work. If the requirements are not met, the car may be moved to a neighboring yard or impound lot.
Recording an offense
Currently, traffic violations are recorded by traffic police inspectors, who do this by virtue of their powers, and by modern automatic systems. Ordinary concerned citizens can also join the fight for law and order.
Traffic police patrols, conducting raids along established routes, record violations of parking rules. Cars equipped with auto-recording devices for traffic violations take photographs of illegally parked cars along the route; after processing the materials, owners receive orders by mail to pay fines.
Citizens can record traffic violations and send materials to the local traffic police department to take action against the offenders.
Drivers should remember that even driving one wheel into a pedestrian zone where parking is prohibited is considered a violation. Such careless fans of parking their cars at random will be fined.
