- November 26, 2018
- Automobile law
- Mazalova Olga
Every year there are more and more road users. In this regard, the government has to introduce new restrictions, increase parking costs, or completely prohibit stopping in certain places. This especially applies to large cities, where illegally parked vehicles can often create a large traffic jam.
Of course, after 30 minutes of wandering around looking for a parking spot, you want to break all the rules. Should not be doing that. Every sign on the road is placed for a reason, and perhaps the car will interfere with pedestrians or other vehicles. The offense is punishable by a fine and, in some cases, towing of the vehicle.
Signs and road markings
To properly stop the car, the driver must follow signs, road markings, and traffic rules.
If a motorist sees on the road a round sign with a blue background, which depicts a red circle with two crossed out stripes, then he should not stop in this area. This is what the traffic rules article says. Stopping in the wrong place is punishable by a hefty fine, so every driver should carefully monitor the signs.
Sometimes you can see a sign underneath them indicating a certain period. At this time, you should not stop at a specific area. During other periods, any type of transport can stop without fear.
Also on the sign below the sign you can sometimes see vehicles that are subject to the rule. A solid yellow line along the edge of a road or curb also tells motorists not to stop or park there.
Coverage area
In order for the driver not to receive a fine for stopping in the wrong place, he must know the traffic rules well. The “No Stopping” sign applies only to the area after it and only to the side of the road on which it is installed. It turns out that the vehicle stopped in front of him does not violate any rules.
Sometimes you can see a sign under the sign that indicates the duration of the action. If such additional information is not observed, then the sign ceases to be valid:
- At the crossroads.
- After the sign “End of all restrictions zone”. It is a round white sign with a black circle and four black stripes.
- After the end of the settlement.
- At the beginning of the village.
When is stopping prohibited?
Which sections of the road are considered “wrong places”? Parking is prohibited by the corresponding sign number 3.27. The ban applies on the side of the road on which it is installed. The coverage area of the “No Stopping” road sign begins immediately behind the sign and ends behind the nearest intersection or sign of the beginning or end of a populated area. Rare on domestic roads, the “End of all restrictions” sign also cancels the effect of the “car stopping is prohibited” sign.
The corresponding sign is supplemented by signs. Additional signs are common that define the “no place” zone. Some signs are supplemented by signs indicating the time of its validity. This can be either a specific time period set during the peak main load of the road, or a ban on stopping on holidays and weekends. The rest of the time, parking on a section of road marked with such a sign will not constitute a violation.
Some parts of the road are considered illegal to stop traffic even in the absence of a special sign. The following are considered inappropriate places to stop:
- crosswalk;
- stop;
- sidewalks and lawns.
Parking lots for the disabled and playgrounds are not designated parking areas. Stopping on tram tracks also grossly violates the current traffic rules. You cannot carry out this maneuver in the local area if the car will interfere with the movement of pedestrians or other cars.
Where should you not stop?
To avoid getting a fine for stopping in the wrong place, you need to know exactly where stopping your car violates the law.
List of places:
- At the pedestrian crossing, as well as for 5 meters in front of it. After it, cars can stop without fear of getting a fine.
- On or near tram tracks. This rule is also very logical. The tram cannot leave the tracks, and therefore cannot bypass any traffic that interferes with it.
- On a dedicated lane. This refers to special places for bicycles, as well as lanes along which public transport moves.
- At intersections, as well as at a distance of 5 meters from the edge of the roadway.
- In places where the driver creates an obstacle to the movement of pedestrians.
- It is prohibited for a car to block traffic lights or signs for other road users.
- The driver will be fined if his car interferes with the exit or entry of other cars.
- On roads where the distance from a solid line to a car is 3 meters or less. Please note that we are talking specifically about a continuous dividing strip.
- On the road, if there is a dangerous turn nearby. In this case, an emergency situation may arise.
- On the roadway where visibility is below 100 meters. A major accident is possible if one car enters the oncoming lane to avoid another.
- In places that are specially designated for parking for disabled people.
- At stops (except for stops for boarding and disembarking passengers, if this does not interfere with the movement of route vehicles or vehicles used as passenger taxis).
- On bridges and overpasses.
- In the tunnels. Visibility is quite low here and there is no room for maneuver.
- At railway crossings, as well as near them.
- When driving on the main road, you should not stop if the driver has left the populated area.
You can get a fine not only for stopping. Parking in the wrong place is also punishable. In addition to the previously listed places, you cannot park a car on lawns, in courtyard areas in front of doors and gates, as well as near railway lines.
Fine for stopping on tram tracks 12.19 Code of Administrative Offenses of the Russian Federation
As for the article in the Code of Administrative Offenses of the Russian Federation, then of course there is one. And here there will even be several options for its use, all depending on the situations, which we, of course, will also talk about and now go over. Actually, the option is when the motorist actually stopped on the tram tracks, no matter whether it was a stop or a parking lot. There were two conditions: - he did not interfere with anyone; - it was not about Moscow and St. Petersburg. Then watch part 3.2
3.2. Stopping or parking vehicles on tram tracks or stopping or parking vehicles further than the first row from the edge of the roadway, with the exception of a forced stop and the cases provided for in parts 4 and 6 of this article, shall entail the imposition of an administrative fine in the amount of 1,500 rubles.
In fact, it is clear that there will be a fine, but not so small. And here we must always remember that, in fact, according to traffic regulations, you can stop on tram tracks. Let's see.
If there are tram tracks in the same direction on the left, located at the same level as the roadway, a left turn and a U-turn must be made from them, unless signs 5.15.1 or 5.15.2 or markings 1.18 prescribe a different movement order. In this case, there should be no interference with the tram.
Here we deliberately used the word stop, rather than stopping or parking. Since, by definition, stopping or parking is a deliberate action, and by stopping we mean that the action was forced. That is, stopped at a traffic light or letting cars pass. However, the situation becomes very confusing if a motorist stood up to let other cars pass, and then a tram arrived, then he became an obstacle for the tram. This is truly a paradox and a flaw in the rules. How do you know whether the tram will arrive in 2-3 minutes or not??? If this happened, then the driver became an unwitting violator, now about just such a case when he stopped and thereby interfered with the tram. Part 4 of the same article will come into play here.
4. Violation of the rules for stopping or parking vehicles on the roadway, resulting in the creation of obstacles to the movement of other vehicles, as well as stopping or parking a vehicle in a tunnel, except for the case provided for in part 6 of this article, shall entail the imposition of an administrative fine in the amount of 2000 thousand rubles.
Everything is also clear, with one exception, the rates are rising, that is, the fines are getting higher and higher. The most top-notch, if this word can be used in such a context, would be a fine for such violations in the two largest cities of our country. (Moscow and St. Petersburg) For this case, the article has its own 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 3,000 rubles.
In fact, residents and guests of the capitals can fully experience the full responsibility and high cost of living in such the most advanced cities of our country. After all, the fine here can be double the amount for such an offense in Russia.
Penalties for public transport drivers
Stopping a bus in the wrong place is also punishable by fines. In this case, you will have to pay 3,000 rubles. Typically, such orders from the traffic police are received by minibus taxis, which stop at the request of passengers. In case of repeated violation, penalties will increase to 5,000 rubles.
Not only stopping a bus in the wrong place is punishable. You can also receive a fine if you park at night in non-designated areas. The driver will have to pay 5,000 rubles to the state.
It is worth noting that the listed fines are issued not by traffic police officers, but by employees of state transport supervision, as well as representatives of state control in the field of passenger transportation.
Stop in the yard
Unfortunately, the only way to force drivers not to break the law is through fines. Violation of parking rules in Moscow and St. Petersburg entails a fine of 3,000 rubles. The law does not provide for forced evacuation of the car in this case. All that remains for the traffic police officers is to issue a fine to the violator. Stopping in other cities also entails a fine of 1,500 rubles.
In order not to receive sanctions, the driver only needs to follow several rules:
- Do not park the car with the engine running near the windows of a high-rise building.
- Do not block the exits and entrances to the entrance, as well as to the service parts of the building with a car.
- Do not interfere with traffic.
- Do not impede access to the entrance of emergency services.
- Do not obstruct access to trash cans. It is allowed to stop the car at a distance of 5 meters from the containers.
Is parking allowed on tram tracks?
Let's turn to the primary source, which is the traffic rules. Clause 12.4 states that parking near tram tracks is prohibited if it interferes with the movement of this type of transport.
Therefore, if there is no interference with traffic, then the driver will be formally right to leave his car on the rails, but only for a short time.
However, it happens that stopping a car on tram tracks can create a traffic jam. In this case, drastic measures cannot be avoided, which include both a fine and temporary towing of the car.
Stopping on the sidewalk
You should not block the movement of pedestrians on the sidewalk with your car. Stopping in the wrong place in Moscow and St. Petersburg can result in a fine of 3,000 rubles. Penalties in other cities amount to 1,000 rubles.
If there are markings, as well as a permit sign, you can stop according to the following rules:
- A collision with only the front wheels on the pavement.
- Hitting with rear wheels only.
- Stopping the vehicle in accordance with the sign.
- Collision with two right wheels.
- Collision with two left wheels.
If drivers are not afraid of the size of the fine for stopping in the wrong place, then representatives of the State Traffic Inspectorate can also take the car to the impound lot.
How to avoid a fine from a camera when you have to stop?
photo: DDOT DC / flickr.com
As practice shows, drivers may not always be able to avoid a false fine for an absent violation, even if the motorist has complied with all the requirements of the Traffic Rules when the vehicle is forced to stop.
Paragraph 1.2 of the traffic rules clearly indicates under what circumstances a forced stop can be made, even in the wrong place:
“Forced stop” is the cessation of movement of a vehicle due to its technical malfunction or danger created by the cargo being transported, the condition of the driver (passenger) or the appearance of an obstacle on the road.
photo: YouTube channel “Vesti Crimea”
Let's make a list of exceptions in which a fine under Article 12.19 of the Code of Administrative Offenses, according to the rules of traffic rules, cannot come:
if the driver/passenger is not feeling well;
due to a technical malfunction;
due to an obstacle on the road;
or because of the danger posed by the load.
The only problem is that these rules clearly work only with a real traffic police inspector, who, when a possible violation is identified, will approach the driver, find out the circumstances of the stop and, after assessing the situation, make a balanced, objective decision. But this cannot happen with cameras. After all, if, let’s say, a person becomes ill, how can a neural network and an inspector from the same MADI, AMPP or traffic police recognize the reason for stopping the car?
It’s a paradox, but a fine from photo/video recording cameras can even come from stopping a car at the request of a traffic police officer...
photo: autonews.ru
Thus, to avoid a fine from cameras recording violations, there is only one 100% option:
Do not stop in places where prohibitory signs 3.27 “Stopping is prohibited” , sign 3.28 “Parking prohibited” and other signs are posted, for example 6.4 “Parking” with a sign 8.8 “Paid services” , which indicate the location of a paid parking space.
If this cannot be done, the situation is force majeure or driving the car is impossible (technical breakdown), then to minimize (but not completely guarantee) the possibility of issuing a fine, you must perform the following steps:
1. Turn on the hazard warning lights (if you are forced to stop in places where stopping is prohibited);
2. Set up a warning triangle (red triangle);
3. And one more point, a controversial point: if the car stops during a forced stop in places where it is prohibited, the driver must take all possible measures to remove the vehicle from these places. Including pushing or towing the car to a place where stopping/parking is not prohibited. Or call a tow truck.
So, if a forced stop occurred in a place where stopping vehicles is prohibited and the driver complied with the requirements of the rules, including the prompt removal of the car, then a fine for stopping in the wrong place should not be imposed.
Stopping and parking on the lawn
Every motorist should know that issuing a fine for this offense is not carried out by the State Traffic Inspectorate, but by the city improvement inspectorate.
Of course, the driver cannot always fully assess whether the stopping area is a lawn. It is especially difficult not to break the rules in winter, when behind a layer of snow it is not clear whether the asphalt is finished. Therefore, most often lawns are fenced with special borders.
The driver will be required to pay a fine. How many stops in the wrong place a driver makes, so many orders can come. The amount of the fine depends on the damage caused to the lawn, as well as the status of the owner. For example, a fine of 3 thousand rubles may be issued to an individual. A legal entity will pay more. The maximum fine is 500 thousand rubles.
Stopping the car in the second row
According to the Traffic Rules, stopping and parking of four-wheelers is allowed only in one row. The only exceptions are extended sections of the road - special “pockets” or parking lots. The reason for such rules is clear - cars will interfere with other vehicles, causing traffic jams and accidents. What fine for stopping in the wrong place will be issued by the traffic police depends on the city. For residents of the capital and St. Petersburg it is 3 thousand rubles, for other cities it is 1500 rubles.
Stopping in areas designated for disabled drivers
Disabled motorists have some advantages when parking and stopping a vehicle. As a rule, places are allocated for them in close proximity to the entrances to buildings. The state is trying to make life easier for these people, because it is not always possible to find a parking space, and it is often located very far from the entrance. If it is not at all difficult for a physically healthy person to reach the final destination, then for disabled people this path is really not easy.
Unfortunately, not all drivers understand the situation, or maybe they simply don’t know the traffic rules. Such violators will have to pay a fine of 5 thousand rubles. In some cases, traffic police officers may call a tow truck.
Payment of fines and discounts
On the State Services portal, as well as on the website of the State Traffic Inspectorate, each driver can check whether he has been assessed any penalties. In addition, receipts always arrive by email to the car enthusiast. If the fine is not paid within 60 days, penalties may be assessed. When towing a car, you will also have to pay extra for the tow truck, as well as for the car being in the impound lot. You should not delay paying the fine for stopping in the wrong place. Payment within 20 days from the date the receipt is issued gives a 50 percent discount, which significantly reduces the total payment amount.
Is it possible to pay a fine for stopping on tram tracks at a discount?
Whatever it is, we are talking about the possibility of at least somehow reducing the fate of the guilty person brought to justice. After all, Article 32.2 of the Code of Administrative Offenses of the Russian Federation will allow this Article 12.19 to receive a small “discount” if the fine is paid on time, that is, if it is paid from the moment it appears in the traffic police database, but no later than 20 days from the date of the decision. However, if this period has passed, then you can try to restore it through the court, but this is a separate issue and the topic of another article.
How to appeal a fine for stopping in the wrong place?
If the driver does not agree with the fine issued, he can always challenge it. Each motorist has a ten-day period to appeal the decision. True, you will need to identify an error, for example, a time or date discrepancy, incorrect application of traffic rules, etc. The complaint may be filed at a later date. Then, along with it, you will need to write a statement indicating a valid reason why the complaint was not filed in a timely manner.
The complaint is filed with the traffic police department where the decision was issued, or with the court at the location of the traffic police authority. Within 10 days after this, the driver must receive a response from the traffic police. If the complaint was filed with the court, the response will be received within two months.
When filing a complaint with the authorities, it is better to take care of witnesses, video from the recorder or other evidence of innocence in advance. Often vehicle owners are simply afraid to file a complaint, but in vain. In judicial practice, there have been many cases when drivers won the case. Traffic police officers are the same people who can sometimes make mistakes and misinterpret the situation.
Don't break traffic rules. Even if the driver is not afraid of losing some money and time to pay fines, it is worth thinking about the fact that the rules were invented for a reason. There are other road users, as well as pedestrians, whose movement is impeded by an illegally parked vehicle.
The nuances of stopping within the sign's coverage area
It should be clarified that the effect of road sign 3.27 may be limited in various respects. In this case, the relevant information is placed under it in the form of a sign or several.
For example, the carrying capacity of the transport may be taken into account - a ban on stopping freight vehicles weighing more than 3 tons. Or the ban is valid only for a certain time period (for example, in the photo the ban on stopping and parking is valid from 6:00 to 20:00).
For loading or unloading, boarding or disembarking passengers
The location of this sign indicates that it is prohibited to stop cars here. This also applies to cases where the car temporarily stops moving because passengers need to be dropped off or put into the car. Or if you need to lay out / place cargo in the car.
Since road sign 3.27 is prohibitive, stopping and parking are prohibited. There are some exceptions in the traffic rules, but they do not apply to stopping for one of the specified reasons.
The distance at which the prohibition applies can be indicated on the 8.2 “Area of Effect” signs under the sign. It may also end where another sign is installed, canceling previous restrictions and prohibitions, at the entrance to a populated area or at a nearby intersection.
Can disabled people stop?
The traffic rules list the types of vehicles that are allowed to park under such a sign. These include cars driven by disabled people. But it is not enough just to have a group assignment certificate. It is necessary that the appropriate “Disabled Persons” sign be affixed to the vehicle.
The traffic rules provide for various prohibitions. One of them is 3.27 - “Stopping is prohibited.” If it is installed, then you can neither stop nor park under it. The same is prohibited to do in its coverage area. But for some types of transport this is allowed.
If a driver receives a fine for such a violation, he must pay it within two months. He also retains the right to appeal the protocol.