What responsibility is provided in 2018 for parking in places for the disabled
Content
- Parking spaces for the disabled: what are they for, how are they designated
- What signs and markings are used in parking for the disabled
- Who can park in handicapped spaces
- What is the penalty for parking in a handicapped space?
- What to do if the car was towed
- How to dispute a fine
- How to pay a fine and is it possible to pay with a 50% discount
People with disabilities enjoy parking privileges not from a good life. Benefits such as parking near the entrance to a shopping center or a recreation area are provided for by social protection measures for people with disabilities. By the way, you probably noticed that there are not many people who use these places legally, and just when they go shopping, at the MFC, for vacation, they do not restrict anyone's rights. Even in a big city, 1-2 places out of 10 will be occupied by disabled people. And all the rest will be occupied by healthy drivers, although they do not have the right to do so by law.
Parking spaces for the disabled: what are they for, how are they designated
According to the current legislation (Federal Law “On social protection of the population”), parking for the disabled should be organized:
- in the local area;
- in places of rest;
- near cultural and public institutions;
- near shops and malls.
By law, the owner of the site where the parking lot is located must allocate at least 10% of the places for the needs of the disabled and designate these places accordingly (Article 15 No. 477-FZ of December 29.12.2017, XNUMX). If the land is owned by the municipality, parking is organized by a responsible official, and all costs are borne by the city administration or the department that owns the site.
For violation of the regulations when arranging parking spaces, a fine may be imposed on the owner of the land (Article 5.43 of the Code of Administrative Offenses of the Russian Federation):
- 3000 -5 rubles for individuals;
- 30–000 rubles for legal entities.
What signs and markings are used in parking for the disabled
Parking places for vehicles of disabled people or persons carrying them are indicated by sign 6.4 "Parking", often together with the sign "Disabled" (size - 35 * 70,5 cm), which is installed below, and indicating the distance for which the sign operates.
Marking 1.24.3 is applied to the roadbed, which defines the boundaries of parking spaces for cars with disabilities, they are larger than in a regular parking lot, and are:
- with a consistent location of the vehicle along the carriageway - 2,5 * 7,5 m;
- with parallel placement of vehicles - 2,5 * 5,0 m.
With such an area of the parking space, the car doors can be easily opened on both sides, the driver or passenger, if he is in a wheelchair, can safely get out of the car and then sit back down.
Mandatory condition: the presence in the parking lot for the disabled and an identification mark and markings. In the absence of one thing, the existing standards are already violated.
Parking for the disabled is not provided for all vehicles, but only for wheelchairs and cars. If, for example, a driver is transporting a disabled person on a motorcycle or ATV, he is not entitled to use preferential parking.
In addition, citizens with I, II disability groups are allowed to park and drive under the signs 3.2 "Movement is prohibited" and 3.3 "Movement of motor vehicles is prohibited."
Who can park in handicapped spaces
Parking in the parking lot for the disabled is allowed:
- drivers with I-II disability groups;
- Vehicles that carry an adult passenger with I-II disability groups or a disabled child of I, II, III groups.
In all cases, you must have:
- with a certificate of disability;
- identification mark on the car 8.17.
Only a document confirming the right to disability, personally presented to the inspector, is the basis for parking in "preferential" places. A certificate of disability belonging to another person, even if it is certified by a notary, does not relieve the driver from liability. An attempt to forge documents is punishable by law: if the inspector suspects the authenticity of the certificate, the relevant materials can be sent to the prosecutor's office.
The Government is discussing amendments to the current traffic rules, according to which the right to use preferential parking will be given to disabled people not only of I and II, but also of III groups, too. But getting the sign 8.17, when these amendments are adopted, will become more difficult - it is assumed that it will be issued at the MFC or in medical institutions. Now such signs are freely sold at any gas station.
Allocating paid parking spaces to persons with disabilities is regulated by regional laws. So, in Moscow since 2003, a law has been in force, according to which in car parks, even private ones, 10% of the places are allocated for the needs of the disabled. In order to freely use special parking spaces, a citizen must issue a parking permit for a disabled person at the MFC or through the State Services portal. The document gives the right to free round-the-clock parking in the area marked with the corresponding sign and markings. The permit is issued on the personal application of the owner of the vehicle, to obtain it is necessary to present a passport and SNILS.
What is the penalty for parking in a handicapped space?
For violating parking rules and leaving a car in a strange place, the driver can be fined 5000 rubles, and his car evacuated to a car impound (part 2 of article 12.19 of the Code of Administrative Offenses of the Russian Federation).
Video: Traffic police raid on parking lots for the disabled
What to do if the car was towed
The driver of the vehicle has the right to stop the evacuation of the car if the tow truck with his car has not yet started moving. To eliminate the reason for the detention, he will have to pay a fine and move the car to another place where parking is not prohibited. If the car was taken to a car impound, the first thing to do is to call the police at 1102 (from a mobile phone) or to a car impound and clarify the address where to pick up the car. The second is to collect the necessary package of documents:
- permission to pick up the vehicle issued by the traffic police at the place of residence;
- the passport of the citizen of the Russian Federation;
- if the car is not taken by the owner, then a power of attorney certified by a notary;
- driver's license;
- OSAGO policy;
- a receipt for payment of a parking lot.
In 2018, amendments to the Code of Administrative Offenses of the Russian Federation came into force, simplifying the rules for returning a car from a car impound. You can pay the fine and the costs of evacuation not immediately, but within 60 days from the date of the decision to detain the vehicle.
The cost of the services of a tow truck and storage of vehicles at a car impound lot is set by regional authorities, there is no single tariff.
If the car owner refuses to pay the parking lot, the administration has the right to recover the costs through the court. An attempt to illegally take your vehicle out of the parking lot is qualified under Part 2 of Art. 20.17 of the Code of Administrative Offenses (illegal entry into a protected facility) and entails a fine of up to 5000 rubles.
How to dispute a fine
The first thing to do after the evacuation of the car is to immediately pay for the parking lot and pick up the vehicle so that the fine does not accumulate.
How to proceed:
- Get a copy of the decision on the imposition of an administrative fine for improper parking from the traffic police. From now on, you have 10 days to appeal.
- Re-read the decision, check that the indicated address matches the actual parking place where the protocol was drawn up.
- Visit the parking lot again, collect evidence that confirms your case.
- Write a statement about the fact of illegal evacuation, describe the circumstances of the incident and refer to photo and video materials from the parking lot and written eyewitness accounts.
- Send an application, a copy of your passport, a copy of the protocol and decision on an administrative offense and evidence to the court.
It is difficult to prove the absence of a sign, so one can argue one's position only by the fact that the sign and markings could not be recognized under the circumstances.
How to pay a fine and is it possible to pay with a 50% discount
The driver has the right to pay a fine with a 50% discount within 20 days from the date of the decision on an administrative offense (clause 1.3 of article 32.2 of the Code of Administrative Offenses of the Russian Federation). You can pay the fine as follows:
- at a bank branch or through Internet banking;
- at the post office;
- using electronic payment systems: YandexMoney, WebMoney, Qiwi;
- on the website of the traffic police;
- through the portal of the State Service.
Drivers who do not have health problems should avoid occupying disabled parking spaces. Those who are unfamiliar with ethical considerations and pangs of conscience should remember: the fine for violating parking rules has now increased significantly and now amounts to 5000 rubles. Under certain circumstances, the driver may also incur costs for the evacuation of the car and storage in the impound.
