Almost every family in the Russian Federation has at least one car. Due to the constant increase in the number of vehicles, many motorists are faced with the problem of parking their cars.
general information
In large cities, they are constantly concerned about increasing the number of parking spaces, so the number of violators leaving their cars in the wrong places is gradually decreasing.
In small settlements, where the old layout of the courtyards does not allow increasing the number of parking spaces, problems with parking are often solved by the owners in violation of the Traffic Rules.
Not only traffic police officers, but also ordinary citizens can record the fact of such an unlawful act by attaching to their application photo and video evidence of leaving the vehicle on the lawn/sidewalk.
If a motorist violates the conditions of leaving the vehicle behind (failure to pay the cost), the violations are recorded by special cameras and vehicles equipped with special devices.
A driver who has received a decision to hold him administratively liable for a crime can challenge the document in court.
Where you can't park
According to the requirements of Russian legislation, car parking must be carried out in strictly designated areas. For violation of parking rules, the owner of the vehicle may be held accountable.
Traffic rules prohibit leaving your car in several places:
- Less than five meters before the pedestrian crossing.
- In those areas where abandoned vehicles will block access to traffic lights for other road users.
- Less than fifteen meters to a public transport stop.
- Less than fifty meters before the railway crossing.
- In areas where crossings for railway transport and trams are located.
- In areas where tunnels are located.
- On the roadway if there are conditions for limited visibility.
- At road intersections.
- Under special signs.
Despite the fact that many motorists are biased towards parking a car, considering this maneuver to be simple, it is worth remembering that it is clearly regulated by the Rules of the Road.
Drivers who ignore the requirements of the law and abandon their car in any place convenient for them may be held liable in accordance with the provisions of the Code of Administrative Offences.
Responsibility for parking in an undesignated place
Traffic rules regulate places where a motorist can leave his car for a long period of time without any consequences. If the driver violates this legal requirement, he will be held accountable.
At the moment, the fine for illegal parking depends on the place where the vehicle was left:
- Parking a car on the sidewalk or near a pedestrian crossing will cost the driver a fine of 1,000 to 3,000 rubles.
- For occupying parking spaces intended for stopping vehicles of disabled people, the motorist will have to pay a fine of 5,000 rubles.
- For temporary parking of a car at a public transport stop you will have to pay 3,000 rubles.
- Traveling along a path intended for pedestrians will cost 2,000 rubles.
Cases when a driver can avoid liability
A fine for parking a vehicle in an undesignated place can be lifted in several cases:
- If stopping the car in the wrong place was forced, for example, if the vehicle was faulty. In this case, parking the car is a necessity, otherwise the driver could become involved in a traffic accident due to breakdowns of his vehicle.
- Extreme necessity - a motorist has the right to stop his vehicle in a prohibited place by turning on the hazard warning lights.
Responsibility for violating parking rules does not apply in several cases:
- There is a special sign on the sidewalk allowing traffic to stop.
- Car parking on the side of the road.
- The driver parks his car in a special place designated for this purpose.
- Parking lot on the edge of the road.
Is it possible to challenge a fine for illegal parking?
Every motorist may encounter a situation where a fine issued to him for parking in the wrong place is illegal. For this reason, the question of how to challenge a traffic police decision on illegal parking is so popular.
The most common option is when the owner of a vehicle is issued several fines for illegal parking on the same day. All subsequent decisions will not have legal force, so the motorist can challenge them in court.
To challenge the ruling, the car owner must take care of his evidence of his innocence. Along with the evidence, a written complaint is presented against the traffic police officers who issued the decision to prosecute.
If the entire procedure is carried out correctly, in accordance with the law, the court makes a decision in favor of the plaintiff.
Stages of challenging a fine for illegal parking
If a motorist believes that he was illegally issued a fine, he can challenge it within 10 days from the date of receipt of the decision. An appeal is allowed even if the vehicle was taken away by a tow truck (if the claim is satisfied, all money spent on the work of the tow truck and the impound lot must be returned to the owner of the car).
Challenging a decision occurs in several stages:
- The vehicle owner takes several photographs of the place where his car was parked. Prohibition signs may be missing or hidden by trees. This should be visible in the photograph.
- Next, the driver must file a complaint against the decision to prosecute. In this document, it is necessary to note why exactly the vehicle was stopped at this place.
In addition to the complaint and evidence, a copy of the decision must be attached to the documents for the court. In addition to written evidence, the motorist can submit DVR recordings and various receipts for inclusion in the case.
Deadline for appealing the decision
In accordance with the requirements of the Code of Administrative Responsibility, a motorist must challenge the decision to prosecute for parking in an undesignated place within 10 days from the date of issuance of this document.
If the owner of the vehicle missed this deadline for valid reasons, he can apply for its extension.
How to properly file a complaint
In the first address part of the document, the applicant must indicate the full name of the judicial authority or other institution to which the complaint is being sent. The name, address and contact details of the applicant must also be indicated here.
The main part of the complaint must indicate the name and details of the fine with which the applicant does not agree. There should also be the name of the traffic police department and the name of the inspectorate officer who issued the decision to prosecute.
The main part of the application must contain a list of evidence based on which the fine should be recognized as unfounded.
The third part of the complaint is a demand to terminate the administrative case and cancel the fine.
The appendix to the complaint must contain a complete list of all documents attached to the case as evidence of the applicant’s innocence.
Consideration of a complaint is allowed only in the presence of the offender.
As a rule, a court hearing is scheduled two months after receiving the application and all attached documents.
How can you prove your innocence?
A motorist who wants to prove in court that he is not guilty of the offense of which the traffic inspectors accused him must adhere to certain rules:
- First of all, the car owner must carefully study the situation and time of the incident in the traffic police records and photographs.
- Next, the offender must study the shooting mode - in motion or stationary. If there is a discrepancy (the camera is stationary - the traffic police car was moving and vice versa), the resulting photographs and recordings are considered invalid.
How to win a case in court
Consideration of a complaint challenging a decision by the traffic police is not a final decision. If a motorist does not agree with the opinion of the traffic inspectors, he can go to court.
There is a whole list of advantages of considering this issue in court, and not with the higher management of the traffic police:
- Consideration of the filed claim is possible only in the presence of the applicant.
- All evidence that was obtained legally is taken into account.
- Legally, a statement of claim is stronger than a regular written complaint to management.
In order not to waste time on consideration of the case in the traffic police, and then in court, it is best to immediately write a statement of claim to the court. The judge does not take into account decisions made by lower authorities and considers the received case from scratch.
The only unpleasant moment is the processing time of the received application. If traffic police officers make a decision within 10 days, then the court takes up to 2 months.
How to appeal the towing of a car
In most cases, a car left in an undesignated place is towed to an impound lot. If during the trial the judge decides to satisfy the applicant's claim to declare the decision illegal, the evacuation will also be considered illegal.
To receive compensation for the damage caused, the cost of the tow truck and the amount for the days that the car spent in the impound lot, the owner of the vehicle must apply to the court.
In addition to the statement of claim, the owner must submit the following package of documents:
- Notification that the document was served on the defendant (in resolving such an issue, the traffic police acts on the side of the defendant).
- Receipt for payment of state duty.
- Documents confirming the illegality of the decision made by the traffic police officers to hold the owner of the car accountable in the form of evacuating his vehicle to an impound lot.
- A copy of the registration of a private entrepreneur or legal entity.
- If the statement of claim and documents are submitted to the court not by the owner of the vehicle, a general power of attorney for the right to perform these actions.
All documents must be drawn up in accordance with the requirements of Russian legislation.