We study the effect of the sign stop is prohibited
Content
Parking or stop signs are quite common in cities and towns. It is important that during the exam you understand the specifics of the rules of the road. If you do this, you can avoid serious fines in the future. The penalty may be the loss of a driver's license. Further movement is considered impossible.
According to the rules established by the current Russian legislation, there are two main prohibition signs: parking is prohibited and stopping is prohibited. In Moscow, for example, there are more than 30 traffic signs regulating parking and stopping, the vast majority of which are "No Parking" signs.
We also note that a stop is a deliberate cessation of the movement of vehicles for up to 5 minutes, as well as for a longer period, if it is necessary to pick up or drop off passengers or load or unload a vehicle (clause 1.2. Decree of the Government of the Russian Federation dated 23.10.1993 No. 1090 (as amended on December 31.12.2020, XNUMX) "On the rules of the road."
Description and scope
The No Stopping traffic sign is a red cross in a blue circle. In addition, it is marked with two red lines similar to the St. Andrew's Cross (sign 3.27).
Paragraph 12 of Government Decree No. 1090 of October 23.10.1993, XNUMX “On the Rules of the Road” describes in detail the function, appearance and scope of the “No Stopping” traffic sign.
Warning signs warn that stopping at a certain place is strictly prohibited.
There can be no exceptions to this rule. To avoid unpleasant situations, it is necessary to clarify the area. The sign indicates that from now on, such manipulations are prohibited.
The driver has the right to stop in front of an intersection with a sign. Parking is prohibited until a sign indicating that all restrictions have been lifted. It also pauses after clearing is complete.
Signs are not suspended at exits from roads adjacent to roads and at intersections (junctions) with dirt, forest and other minor roads in front of which appropriate signs are not installed (Road Code of the Russian Federation, 3. Prohibiting signs, Decree of the Government of the Russian Federation of 23.10.1993 N 1090 (as amended on December 31.12.2020, XNUMX) "On the rules of the road."
The driver should be aware that if the sign is adjacent to the sign, then its effect will be somewhat different from the standard version. It contains information about the scope of the restriction in question.
For example, a no-stop sign with a down arrow means:
Before the sign (under the sign) parking is prohibited;
Behind the sign (behind the sign) parking is allowed.
No parking and down arrow
If you see a stop sign and an up arrow, then we always use it with a number. This number of meters is how many meters it is valid.
In this case, stopping in front of the sign is allowed, stopping behind the sign is prohibited!
Stop sign with up arrow
If the arrows point in both directions, it is forbidden to park in the area both BEFORE and AFTER the sign.
Numbers are much easier. The numbers indicate the period during which the restriction is in effect. In this case, there is no need to look for a sign on the road that removes any restriction. The distance must be determined by the driver.
The sign prohibiting parking is different from the previous one. However, the effect of auxiliary signs will be similar.
No parking sign - arrow sign
That is, if the arrow is pointing down, parking in front of the sign (before it) is prohibited. If the arrow is up, parking behind the sign is prohibited. If up and down - to the very intersection, canceling the sign or leaving the city.
Auxiliary plates
The following signs can be used to set additional restrictions or remove them:
- A circular sign with five diagonal black lines (3.31) means the cancellation of the previous definition.
- If a horizontal line denoting meters is added to the “No Parking” sign (sign 8.2.5 and 8.2.6), then the sign will be effective in this direction and at this distance.
- The specified type of vehicle on the sign (8.4.1 - 8.4.8) prohibits the movement of this vehicle.
- A drawing indicating a specific type of vehicle and marked "except" (8.4.9 - 8.4.15) means that the sign does not apply to this type of vehicle.
- Days of the week (8.5.3) or time intervals (8.5.4) indicate that traffic is prohibited during the specified time intervals. A pair of hammers in the figure prohibits driving on weekdays (8.5.2), and a red snowflake on weekends (8.5.1)
- 8.18 with a crossed out wheelchair exempts drivers of this category from the validity of the sign.
As a result of the stop sign, you can deviate to the left or right. Then it is easy to determine the side of the restriction. However, they must always be combined with road markings. It is a yellow line without breaks. The effect of the sign ends here. Please note that parking is prohibited on a certain side of the street.
According to the rules of the road, this version of the sign is installed in places where stopping and parking are prohibited. You can determine where stopping is prohibited by looking at the signs or arrows. Termination also occurs on the basis of a sign or other elements of traffic organization (clause 8 "Signs (tablets) of additional information", Decree of the Government of the Russian Federation No. 1090 dated 23.10.1993/31.12.2020/XNUMX (as amended on XNUMX/XNUMX/XNUMX) "On the rules of the road".
Additional pointers
Additional information about the operation of the sign is always nearby. Plates are specially used for this. They allow a more detailed description of the scope of the prohibition. Therefore, they have informative value.
The description of the sign is intended to facilitate further movement. As a rule, earlier parking was prohibited. A no parking sign with an arrow down cancels the ban, so a person can perform all the necessary manipulations.
The sign can be installed along with road markings. Its effect is similar to that of a continuous line on the side of the road. If the distance is indicated on the sign, then the ban is valid until its end. It also matches the length of the line on the sidewalk.
The coverage area can also be indicated by arrows. They can be directed in two directions at the same time. In this case, the ban applies to the area in front of and behind the sign. The sign has a long validity period. Therefore, after a certain period of time, the driver is reminded of the effect of the sign.
Whether it is possible to park at the stop sign or not, drivers understand from the road markings. Crossing it is strictly prohibited. The driver cannot stop until the end of the line. The marking always starts immediately after the corresponding traffic direction sign.
Additional arrow tables may contain the following information:
- Up Arrow - The restriction is in effect and the driver will only be allowed to stop in front of the sign. So after the sign, he can't do it.
- 8.2.1 is the duration of the danger zone in meters.
- Up arrow with numbers (8.2.2) - stopping on a certain section of the road is prohibited.
- Arrows in both directions - the driver is in the restricted area (8.2.4).
- The down arrow under the sign is the end of the restricted area (8.2.3). The driver can stop behind the sign.
- Signs 8.3.1 - 8.3.3 with arrows lead to roadside facilities or to an area where the ban is still in effect.
In addition, the signs under the number 8.4 indicate the vehicle for which the sign is intended:
- 8.4.1 - trucks over 3 tons;
- 8.4.3 - cars weighing less than 3,5 tons;
- 8.4.3.1 - hybrid, electric vehicles, etc.;
- 8.4.8 - transport designated as dangerous goods.
- 8.4.9 - 8.4.15 - indicates vehicles to which the restriction does not apply.
See also: Rules of the road - additional information signs
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Sign without additional signs
Stopping under a No Stopping sign is prohibited until the driver sees a sign indicating that all prohibitions have been lifted. Only after that the driver performs all the necessary manipulations to get out or get into the car. If the stop occurs earlier, the risk of a serious fine increases.
It is difficult to immediately determine where there is a stop ban if the driver enters unfamiliar territory. In this case, the road can go for a very long time without an intersection. It should not be forgotten that the rotation does not affect the validity of the sign. Its action will end with the conclusion of a settlement agreement.
There are a number of exceptions that should be consulted in advance. For example, the driver is forbidden not only to park, but also to stop in front of the nearest intersection. The same requirement is valid until the end of the settlement. This requirement is not always considered convenient for drivers.
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Penalties
Violation of the requirements of the road sign 3.27 "Stop is prohibited" is the basis for prosecution under Parts 4, 5 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation (Resolution of the Plenum of the Supreme Court of the Russian Federation of June 25, 2019 N 20 “On some issues that have arisen in judicial practice when considering cases of administrative offenses provided for by Chapter 12 of the Code of the Russian Federation on Administrative Offenses”).
The minimum fine for parking near the “no parking” sign is 500 rubles, but Article 12.19 of the Code of Administrative Offenses contains a number of clarifications:
If this parking space is for the disabled, you will receive a fine of 4-000 rubles.
If this parking space interferes with traffic and contributes to a dangerous situation on the road, you will pay a fine of 2 rubles.
If you park your car in a federal city, you will receive a fine of 2-500 with possible detention of the vehicle. This decision of the legislator is connected with the improvement of road conditions in federal cities.
The car will be delivered to the deposit car park, for which a separate fee will be charged. To return the car, you must pay this amount. This amount can be significant if timely measures are not taken on this issue (see, for example, Law of the City of Moscow dated July 11, 2012 N 42 “On streamlining the movement of vehicles to a specialized parking lot, their storage, payment of expenses for movement and storage , return of vehicles on the territory of the city of Moscow”).
The evacuation of vehicles in Moscow is carried out by a specialized organization that performs the following functions:
- evacuate vehicles in accordance with Article 27.13 of the Code of Administrative Offenses;
- be liable for the seizure of the vehicle, damage to the vehicle, or damage/theft to the personal property of the owner of the vehicle
- Collaborates with employees who are responsible for detecting offenses, calling a tow truck and presenting documents;
- Controls the movement of stopped vehicles;
- It maintains a common database in which all stopped and moving vehicles, as well as vehicles in temporary storage, are registered.
By the way, a convenient online transport tax calculator can be found on our website.
The minimum fee is observed most often in small towns. For example, in the northern capital, a driver will have to pay at least three thousand rubles for such a violation. Only in case of force majeure, a warning is issued. However, this fact has not yet been proven. The stop cannot be extended. Otherwise, the traffic police will insist on paying the full amount of the fine.
Despite all the previous descriptions, the ban does not apply:
- Disabled people belonging to the first two groups (there must be a special sign);
- Vehicles (post);
- vehicles (buses).
In addition, in judicial practice, there is a conclusion that violation of the requirements of the road sign 3.27 "Stop is prohibited" is the basis for prosecution under Part 4 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation, which is a feature of Article 12.19 of the Code (Resolution of the Plenum of the Supreme Court of the Russian Federation of June 25, 2019 N 20 “On some issues that have arisen in judicial practice when considering cases of administrative offenses provided for by Chapter 12 of the Code of the Russian Federation on Administrative Offenses ”, Decree of the Supreme
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Passenger Disembarkation
There are a number of contradictions in the rules of the road that cannot be implemented simultaneously. It is difficult to distinguish between an intentional stop and a vehicle stop. Based on this, we can answer the question: how many minutes can you stand under the sign? According to calculations, 5 minutes should be enough for the disembarkation and embarkation of passengers. The same amount of time is devoted to unloading the car in an emergency. Most of the time, this is where it stops. However, it has always been banned under the appropriate sign. It is for this reason that it is best to avoid such unpleasant situations. It is difficult to unambiguously determine the officer's reaction to the circumstances that caused the stop.
In addition, we note that in judicial practice a conclusion is formed that the driver of a public vehicle carrying passengers with embarkation and disembarkation at any not prohibited place on a regular route without designated stopping places must comply with the general rules of the road, including the requirement of the road sign 3.27.
Decree of the Moscow City Court of December 16, 2019 in case No. 7-16294/2019
Resolution of the Moscow City Court dated March 04, 2019 in case No. 7-2140/2019
It is also important to note that the Supreme Court of the Russian Federation did not make an exception for taxi drivers and did not allow them to drop off or wait for passengers under the “no stopping” sign. A complaint to the Supreme Court was filed by a Moscow driver who indicated that he had a license to transport passengers, which means that his car can be equated with public transport (Resolution of the Supreme Court of the Russian Federation of August 12, 2016 N 5-AD16-91).
The nuances of the restriction
In practice, conflicting situations often occur. For example, directly behind the sign there may be a stop where passengers are unloaded and boarded. Thus, it can be concluded that a stop to disembark passengers is considered acceptable. There is a reference to this fact in the rules of the road. However, not all drivers have the courage to take unnecessary risks.
Important: If there is a need to stop the car to disembark passengers, it is better to do this immediately in front of the sign itself.
Only in this case the driver can be completely sure that he will not be fined.
A person will not become a violator if he carefully observes all the rules of the road. An important sign is the "No Stopping Order". Its observance testifies to the courtesy of the driver. This helps to make driving on the roads safer and more comfortable.
Useful video: road sign 3.27 "No stopping"
Creating an emergency situation can harm not only others. Drivers, passengers and vehicle integrity are at risk. Therefore, before making a forced stop in an unauthorized place, think about the legality of such an action. It is best to carry out the operation before the sign appears. In this case, the driver will be completely sure that he is right. In addition, the situation will not be of an emergency nature and will not threaten the lives of all those present. Obeying the rules of the road is the primary responsibility of all drivers.
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The article was prepared by Anton Shcherbak, a lawyer dealing with family and civil cases.
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