The situation when parked-car It covers the exit or takes two places, familiar to many residents of apartment buildings. Emotions in such cases are often over the top, and the owner of the car is ready for decisive action. However, it is important to understand that Code of Administrative Offences The Administrative Code clearly regulates what can and cannot be done in a residential area.
Unauthorized actions such as blocking wheels, scratching the body or trying to pull the vehicle away on a cable can lead to the fact that you turn from the victim into the accused. The law is enforced even if the owner of the car has broken the rules. Therefore legal literacy It is more important than physical strength or anger.
In this article, we will discuss in detail what actions are considered a violation, how to correctly record the fact of a misdemeanor and where to go to solve the problem. You will learn in which cases the call to the tow truck is legal, and when it is better to be patient. The main thing is to act in the legal field, so as not to aggravate the situation.
Basic rules of parking in a residential area
The movement and parking of vehicles in the yards are regulated by section 17 Traffic rules (SDA). The living area is designated by special signs, but even if they are not, the territory of the yard is considered by default a place with a special mode of movement. Here pedestrians have priority, and speed is limited 20 km/h.
The most common violation is parking with a working engine. According to paragraph 17.2 of the traffic rules, parking with a running engine is prohibited. The exceptions are only cases where this is necessary for boarding or disembarking passengers, as well as loading or unloading the vehicle. Prolonged heating of the car in the winter in the yard is a direct violation.
There are also strict restrictions on the place of car installation. You can't park.
- ๐ซ On sidewalks and lawns, unless there are special signs allowing parking on part of the sidewalk.
- ๐ซ In places where the distance between a solid line of markings or curb and a parked car is less than 3 meters (this blocks the passage of special vehicles).
- ๐ซ On the driveways to garbage containers and fire exits.
โ ๏ธ Attention: Parking on the lawn for a couple of minutes can entail not only a fine under the administrative code, but also a separate punishment under regional landscaping laws, which are often stricter than federal ones.
Ignoring them is equivalent to breaking the rules on the city highway.
Fines for improper parking in the yard
The amount of punishment directly depends on what kind of norm was violated and in which region the event occurred. Federal legislation sets the framework, but the subjects of the Russian Federation can set their own tariffs, especially in cities of federal significance.
Most often, violators are attracted under article 12.19 of the administrative code of the Russian Federation. For example, parking on the sidewalk or pedestrian crossing in the yard will cost 3000 rubles for residents of the regions and 5000 rubles for Moscow and St. Petersburg. If the car is parked incorrectly and created obstacles to the movement of other vehicles, the fine will be 2000 rubles (3,000 in Moscow and St. Petersburg).
Particular attention should be paid to parking for disabled people. If the car does not have the appropriate signs and documents confirming the disability of the driver or passenger, the fine will be 5000 rubles. In addition, the vehicle can be evacuated to a specialized parking lot.
Below is a table with the main types of violations and the size of fines that are relevant at the moment. Please note that the amounts may vary depending on local law.
| Violation | Article of the Administrative Code of the Russian Federation | Fine (Regions) | Fine (Moscow/SPb) |
|---|---|---|---|
| Parking on the sidewalk | 12.19 a.m. 3 | 1,000 rubles. | 3000 rubles. |
| Obstruction to other vehicles | 12.19 a.m. 4. | 2000 rubles. | 3000 rubles. |
| Parking on site for disabled people | 12.19 a.m. 2 2 2 | 5000 rubles. | 5000 rubles. |
| Violation of markings or signs | 12.16 a.m. 4. | 1500 rubles. | 3000 rubles. |
What to do if you are blocked
If you find that your departure is blocked by someone elseโs car, the first rule is not to panic and do not start spoiling the neighborโs property. Scratches, flat tires or broken windows are already Article 167 of the Criminal Code of the Russian Federation (โIntentional destruction or damage to propertyโ), and you can easily get a criminal record.
First of all, carefully examine the windshield of the โblockerโ. Often drivers leave a phone number. If you have a number, call and politely ask to drive the car away. In most cases, the problem is solved in 5 minutes peacefully.
If the phone is not available or the owner does not pick up the phone, the algorithm of actions is as follows:
- ๐ Look for the Peopleโs Inspector app or similar services in your region to send a complaint.
- ๐ Contact the company that serves your home (ZHK, HOA, management company). They may have information about the owner of the apartment.
- ๐ Call traffic police if the car is on a public road or clearly violates the rules (on the sidewalk, on the transition).
โ ๏ธ Attention: Self-evacuation of the car by cable or lift is prohibited. This is considered stealing or stealing, even if you just pulled the car 10 meters away.
If the car is parked in a local area, which is not a public road, the police may refuse to come, citing civil relations. In this situation, it is necessary to wait for the owner or to seek compromise solutions.
How to punish the offender legally
If the issue cannot be resolved peacefully, it is necessary to act through official bodies. The effectiveness of this method depends on the quality of the evidence you have collected. Just saying โheโs standing thereโ is not enough.
First, it is necessary to record the violation. Take a series of photos and videotape. The pictures should clearly show:
- ๐ธ State registration number of the car.
- ๐ธ Link to the area (house, signs, markings, barrier), so that it was clear where the car is.
- ๐ธ The fact of violation (wheels on the sidewalk, blocked passage, working engine).
Use geotag and time-based apps to prove that the photo was taken today and in this particular location. The file metadata will help in controversial situations.
With the collected materials you can contact the traffic police (if the violation is recorded on the road) or the local administration / GZHI (if on the lawn or sidewalk inside the yard). In many regions there are portals such as "Our city" or "Dobrodel", where you can send photos with a geotag. Such complaints are often processed faster than paper applications.
If the car is in place for disabled people without appropriate signs, photo fixation with subsequent sending to the traffic police is almost guaranteed to lead to a fine of 5000 rubles. The automatic fixation system is now working very efficiently.
Car Evacuation: When It Is Possible
Evacuation is a last resort when a vehicle creates critical obstacles. In the yards, evacuation is possible if the car is parked at a pedestrian crossing, at a public transport stop or if it completely blocks the movement of other vehicles and the owner is not in place.
It is important to understand the difference between a road and a back door. If the "borrowed" car is on the roadway of the yard, which has signs of a public road (asphalt, lighting, signs), the tow truck can be called by traffic police officers. If it is just an asphalt platform between flower beds, the police may be powerless.
How much does it cost to evacuate?
The cost of evacuation and storage in the parking lot varies from region to region. In Moscow, it can cost 10,000 rubles and more, in the regions - from 3000 to 5000 rubles. The owner of the car pays for the service, but you can pick up the car only after paying the fine and obtaining a permit.
The evacuation process is strictly regulated. Before the start of work, a protocol should be drawn up, and the car sealed. If you witnessed an illegal evacuation (for example, the car was taken away without the participation of the traffic police and registration of the protocol), you have every reason to demand compensation through the court.
Technical means of parking protection
To avoid problems in the future, residents of houses should think about organizing parking space. Installing barriers, bars and marking help discipline drivers. However, there are legal nuances here as well.
Installation of any enclosing structures in the adjacent territory is possible only by decision of the general meeting of owners. Unauthorized column or chain can be dismantled at the request of the fire inspection or traffic police, if they restrict the passage of special vehicles.
The best solution is to create a traffic and parking scheme agreed with the local authorities. Only an approved scheme gives you the right to demand the removal of other peopleโs cars from your territory through the court or the police. Without this, any action you take to restrict access may be considered arbitrariness.
โ๏ธ Parking in the yard
Independent installation of obstacles (bars, chains) without approval can lead to fines for initiators and dismantling of structures at their expense.
Frequently Asked Questions (FAQ)
Can I stay in the yard with the engine on?
No, paragraph 17.2 of the traffic rules prohibit parking with a working engine in a residential area. This rule is valid around the clock. Warming is allowed only at the time of boarding the driver and passengers or loading baggage.
What if a neighbor occupies two parking spaces?
If the parking is not organized (there are no markings and signs), formally it can not violate traffic rules, occupying any free space, if it does not block the passage. If the places are marked, you can call the traffic police to fix the violation of markings.
Does the HOA have the right to fine for parking?
The HOA or management company is not entitled to issue administrative fines. These are the powers of only state bodies (DBD, MADI, etc.). The HOA can only restrict access to the territory by the decision of the owners.
Can I park on the lawn if there is no asphalt?
Absolutely not. Parking on the lawn, even if there is a dirt track, is a violation of the rules of improvement and environmental legislation. The penalties for this often exceed the fines for traffic violations.