What is the fine for parking on the lawn in the winter period
Winter comes happily exclusively for the children of motorists. Owners of cars themselves find a lot of inconvenience. Cars have to be dug out, road workers sometimes can not cope with the volume of precipitation. And even the edges of the sidewalk are not visible. Every now and then, in thawing, it can turn out that the car is on the lawn. And have to pay a fine or do not have to?
Russian parking in winter
Traditionally, drivers prefer to park in the wrong places: right by the sidewalk, under the doorway, in the middle of the driveway…. In summer, it’s all right, we can tolerate it. But in winter, there is an additional factor – snowplows. And the rules must be observed, so as not to swear at the utility company. They say that the snow is not cleaned properly. So you yourself have left your cars in their way.
When choosing a place for parking, consider the following recommendations:
- Do not leave the vehicle in puddles – there is a risk to get a reliable anti-theft tool in the morning until spring and to lose the wheels.
- When choosing a parking place pay attention to the signs and information signs, regulating the possibility of long-term parking.
- Do not try to take a position closer to the entrance – you can suffer a detour or snowplows. If you think it will be all right, watch the movie “Home Alone 3. There, of course, the American reality, but in our country it looks much worse.
- We recommend using the maps of popular geographic information systems, which collect data on the location of playgrounds, gazebos, etc.
- And certainly do not leave cars near houses of old stock. Especially those that are subject to demolition. The snow there is removed seldom, and the bulldozer will pass anywhere and anyhow.
- And finally – do not confuse the public transport stop with the parking of your personal. Buses aren’t what they used to be these days. And the tractor can bury the car.
It turns out that there is practically nowhere to leave your car. Sometimes there is not enough money to pay for parking in large cities. So, what, to park on the lawn?
It’s not a simple question.
Parking on the lawn is actually prohibited, and there is a fine for violating this clause. But the concept itself is rather vague. According to the Law № 249 from November 29, 2005 in Moscow region a lawn is any piece of land fenced with a fence where the grass is cut. Absent one of these features – no lawn. But in the documents of other regions lawn requirements may be different.
Fines for parking on the lawn
In warm weather, when there is no snow and the lawn is not hidden, the amateur to put a car on the grass will have to pay a fine. It varies by region, the concept of lawn in local law and the standard of living in the area. The most expensive in this regard are considered to be Moscow inclusive of Moscow suburbs, Yaroslavl and St. Petersburg. And the most loyal – Belgorod and Yekaterinburg, where there are none at all.
Now there is an active discussion about the need to tighten such fines. It would not be too difficult for an average resident to pay it. And such violations do not always get to the stage of serving a summons. This is the reason of repeated violations of parking rules on the lawns. New sizes of fines and automated system for fixation of parking rules violations would allow disciplining drivers and reducing the degree of tension between pedestrians and transport.
The editorial office considers that besides fine for parking on the lawn it is necessary to make drivers-offenders compensate for damage caused by parking of the vehicle. For this, the employees of prefectures, traffic police, environmentalists and management companies assess the damage based on the documented value of the landscaping. The report is submitted to the court, which satisfies the claim for compensation together with the fine.
Penalty in winter: to have or not to have
The legislation answers this question ambiguously, because there is no mention of the time of year. On the one hand, this indicates a certain impunity, because it is difficult to see the lawn under snowdrifts lately. But on the other hand, some regions have established fines for winter parking on lawns. There is a reference to this in the Code of Administrative Offences. Local police inspectors and road patrol officers have power to issue instructions about it. However, the driver has the right to contest the fine.
Is it possible to avoid a fine?
Naturally. To do this, you need to present one of the proofs:
- The area is not a lawn legally.
- The fact of forced parking due to loss of control, traffic accident.
- If there is little or no damage at all.
One of these factors always works. Often, in addition to the accident, the lack of parking spaces is also attributed to a valid reason. Also, police officers often act inappropriately by calling areas that are not lawns.
Complaints and police response
There are several ways to complain about a careless violator. One of them is a written complaint with the sender and his or her contact information. The document specifies the number of the offender, the make of the car, if possible, the time of the recorded violation and the circumstances. Attach photo and video evidence on digital media to the application. The potential recipients are the Department of Internal Affairs, district commissioners, commissions on combating illegal parking and management companies.
But this method is becoming a thing of the past. Today, more and more often such applications are sent through mobile applications “Active Citizen”. The fact testified on a photo is enough to bring the driver to responsibility.
The answer to the question of the winter fine for parking on the lawn depends on the specific region. AUTOSOVICES recommends you to refrain from parking on the disputed areas in order not to prove your innocence. And instead of war with your neighbors, maybe you should take public transportation once in a while.
Fines for parking on a winter lawn and how to avoid them
Lawns are separate elements of the improvement of the territory, in order to equip which special funds are allocated.
That is why, causing damage to this kind of objects is prohibited by local authorities. But, the fact is that the warm period of the year in our country lasts relatively short, and the winter season comes, when all lawns can be hidden under a thick layer of snow.
For the reason that curbs are no longer visible, most drivers begin to use the free space to park their own car. However, later they may wonder why they receive so-called “letters of happiness”, containing a ruling on the imposition of a fine. The camera, which records the fact of the violation, works regardless of the time of year. How lawful is such a penalty and can it be challenged?
Existence of corpus delicti. There is no definition of “lawn” in the normative and legislative base of the Russian Federation. The Code of Administrative Offences also does not provide for a special punishment for such actions. Mentioning it in the traffic rules is performed only once, in paragraph 1.2, which states that it can separate the lane for car traffic from the pedestrian sidewalk.
Despite this, traffic police officers still impose penalties on drivers who drive into the lawn in winter. But it happens quite simply, although not in every region, for the reason that for such action there must be a separation of the sidewalk from the roadway. In order to make such a ban, local regulations must state that parking on lawns is prohibited. Otherwise, the driver will not face a penalty at any time of the year.
Many entities impose this type of liability on their own. Such regulations may prohibit the placement of vehicles in areas designated as green spaces. The punishment for the violation will be the imposition of a fine of 5 thousand rubles. In the absence of such articles in the local legislation, the course goes part 1 of Article 12.19 of the Administrative Code.
In the summertime, it’s not difficult to prove the driver’s guilt. Even if the driver came from a region where there is no such a ban, it cannot exempt him from responsibility, since everyone should know the law. The situation is that when parking on the covered with snow and ice, it turns out that, under this layer, there is a green lawn, which is enough to impose a fine.
These types of penalties are often appealed. If there is no visibility of the green space, as well as warning signs, the driver’s guilt will be highly questionable. Some of the car owners believe that such a violation of the rules is committed by negligence, although it is more reminiscent of good faith delusion. This becomes the reason why judges side with motorists.
Proving your case. Proving the fact of guilt itself will be much more difficult, and it should be done by the one who discovered its commission. Unfortunately, drivers often have to make every effort not to get an illegal charge.
It is necessary to take pictures of the place where the car was parked, from different angles, so that it is clear that no greenery is visible from under the snow. The second important point is the locally adopted landscaping rules, which should provide a definition of lawns. Most often this will be an area of artificial grass fenced with a curb or fence. If the curb is completely hidden under the snow, it is only a plus.
Bottom line: Often drivers are fined for allegedly parking on a winter lawn. Such fines can and should be challenged if you are sure you are right and can prove it.