Question:
Was parked at the side of the road in the oncoming lane facing the oncoming traffic, where he turned from his lane, without crossing the solid line along the dotted line, and immediately stood at the side of the road. There were no signs prohibiting stopping or parking.
The traffic police drove up to me head-on and asked for my documents. I said that my vehicle is not moving and that means I am not a participant road traffic, and I will not show the documents. The employee explained that I had violated the rules for placing the vehicle on the roadway and drove into the oncoming lane. Then he got into a patrol car and started filming me with a video camera. I turned on the direction indicator and drove away, but the employee did not have time to stop me.
I am not the owner of the vehicle, a power of attorney in a simple written form. Tell me, please, what the traffic police can do, should I explain anything on this fact upon further stop by the employees?
Answer:
According to clause 12.1. Traffic rules of the Russian Federation, stop and parking vehicle are allowed on the right side of the road on the side of the road, and in its absence - on the carriageway at its edge and in the cases established by paragraph 12.2 of the Rules - on the sidewalk.
On the left side of the road, stopping and parking is allowed at settlements on roads with one lane for each direction without tram tracks in the middle and on roads with one-way traffic (trucks with a MPW of more than 3.5 t on the left side of one-way roads are only allowed to stop for loading or unloading).
Outside the settlement, stopping and parking the vehicle on the left side of the road is prohibited. From which it follows that by parking the vehicle "at the side of the road in the oncoming traffic lane facing the oncoming traffic" you violated clause 12.1 of the RF SDA, liability is provided for in Part 1 of Art. 12.9 KRFoAP: "Violation of the rules for stopping or parking vehicles, with the exception of cases provided for by part 1 of Article 12.10 of this Code and parts 2-4 of this article, shall entail a warning or the imposition of an administrative fine in the amount of one hundred rubles."
However, if in the future you continued driving in the oncoming lane, then what actions are qualified under Part 4 of Art. 12.15 KRFoAP, exit in violation of the Traffic Regulations on the side of the road intended for oncoming traffic, except for cases when the exit is connected to a U-turn, a left turn or bypassing an obstacle, as well as an exit on tram tracks in the opposite direction, and entails the deprivation of the right to drive vehicles for a period of four to six months.
To bring you to justice, the inspector had to draw up a protocol on an administrative offense, where, in accordance with Art. 28.2 KRFoAP, to record the full name of the person brought to administrative responsibility, his place of residence, data of the owner of the vehicle, etc.
However, the inspector did not check your documents, which means that he does not know the full name of him, nor does he know whether you are the owner or drive the vehicle by power of attorney. I believe that the inspector does not dare to go to the bank, "punch" the vehicle owner's numbers and draw up a protocol for him, since this is a risk, because the latter can provide irrefutable evidence that he did not drive a car.
The fact that there is no signature in the protocol, the driver's license is not withdrawn, will also confirm the version of the owner.
And you simply will not be able to be brought to administrative responsibility, since your full name is not known, the presence of a power of attorney made in a simple written form (if you have not presented it to the inspector) cannot be confirmed, since, unlike a notarized power of attorney, it is not fixed anywhere.
On this fact, you are not required to explain anything to the traffic police, but if you are summoned to court, you should not ignore it. It is necessary to develop a legal position on the case and will definitely appear to protect their rights.
Every driver should know, seemingly undeniable. But very often we see how these rules are violated. Of course, if we are talking about avoiding traffic jams in the oncoming lane, then malicious intent does not raise questions. But much more often drivers break the law either through inattention or because they forgot about the necessary points from the book. Parking and stopping in this sense is the biggest risk group, because the overwhelming majority of violations committed by drivers in the city refer to this very aspect of traffic. An incorrectly parked vehicle is headache not just for the owner. If stopping and parking are prohibited in a particular place, it means that a car left here will interfere with other road users. This threatens the owner not only with a fine, but with much more serious consequences. For example, an accident, if another driver does not react to his car. Moreover insurance Company will not be on the side of the victim, because they violated the traffic rules. That is why it is important to know and, more importantly, follow the rules for parking and stopping vehicles.
How right
Both are cessation of movement. The difference in duration: up to 5 minutes - more than this time interval - already parking. You need to stop on the right side of the road. If there is a roadside suitable for parking, then by not driving into it, you are breaking the rules. When there is no roadside, the traffic rules instruct you to use the carriageway or, if this is shown by a sign, the sidewalk. Moreover, under the carriageway is meant, of course, its edge, and not "leaving the car in the middle of the road", this, of course, is a gross violation. If the road is one-way and there are no tram rails on it or, for example, the road is single-lane (say, in a settlement outside the city this happens quite often), then a car can be parked on the left side. We remembered the tram tracks for a reason. If you park on the left hand side, block the way for passengers to pick up and drop off. Note that in this case it is prohibited to stop and park vehicles. Also, please note that parking is left side roads in the direction of travel are allowed for cars and even then not always. For trucks weighing more than three and a half tons, even if all the above conditions are met, only unloading and loading is allowed on the left side. Be careful, this is a critical moment! In addition, stopping on the left side in the direction of travel on a single-lane road is allowed only in a populated area. Outside it, parking and stopping should only be on the right side.
As we have already said, traffic rules involve stopping and parking on the side of the road, if any. And we mentioned in passing that in some cases it is possible to use the sidewalk for this. The corresponding sign with a plate can definitely tell about this. The sign on a blue background depicts, and under the sign schematically depicts a parking method. Based on this pictogram, you can draw a conclusion on how to correctly stop or leave your vehicle in the parking lot. This plate depicts a passenger car. Two-wheeled vehicle owners can park in 2 rows. Therefore, when you see cars parked in the second row, know that their owners consider themselves motorcyclists. Stopping and parking in such a parking zone is made according to the marking lines, if there is no scheme under the sign. Perhaps there will be a so-called widening of the carriageway, popularly known as "pocket". If it is, and you are not staying in it, then you have violated the traffic rules and the inspector may well call you to an unpleasant conversation.
How wrong
On the carriageway of the roadway, the sections and places where the rules prohibit stopping and parking of vehicles are marked in a special way or are explicitly listed. It is generally forbidden to stop on tram rails or close to them, so as not to interfere with the tram, at railway crossings, in tunnels and on overpasses, as well as on the side of the road, if the distance between the edge of your direction of the road and the side of the car is less than three meters. Interfering with a tram or blocking railway tracks - this does not require explanation, as it seems to us. And the clearance of less than 3 meters for the passage of other cars is also contrary to common sense and a sense of ownership. Also, you cannot park at pedestrian crossings and closer than 5 meters to them in both directions. The rules also prohibit parking your vehicle at an intersection and 5 meters from it. And of course, let's not forget about the 30-meter rule: 15 meters from the stop in both directions, traffic rules are prohibited from standing for any vehicle. Also, the rules exclude exits from yards and a lane for cyclists from the permitted places.
As for parking, it is prohibited where stopping is also prohibited, which is logical. In addition, it is also prohibited to leave a car outside settlements on the carriageway of the roadway marked with a corresponding sign, as well as less than 50 meters from the railway crossing. Please note that the no parking sign does not prohibit stopping! You, no doubt, have seen such signs: 1 or 2 red diagonal stripes on a blue background. If there is one, then parking is prohibited, if two are criss-cross, then, accordingly, a stop. So, if in the area of \u200b\u200bthe sign that prohibits parking, you had to stop for less than 5 minutes, then the traffic rules are on your side.
Force Majeure
If you had to make a forced stop, for example, due to a malfunction of the car, then you must perform some actions. They will be aimed primarily at warning other drivers and ensuring their safety if you are unable to move your vehicle to an authorized parking space. You need to turn on the emergency gang,
Hello Oleg.
Motor vehicles may stop and park only in places that are intended for this. To deal with this issue, you need to pay attention to some of the rules of the Road Traffic Regulations, as well as the Regional Architectural Requirements, the Improvement Rules in force in the settlement and the Sanitary Rules and Regulations.
Is this a violation of the traffic rules?
Traffic rules allow trucks with a permissible weight of less than 3.5 tons to park within settlements on the carriageway with one lane or on one-way roads. Large trucks, of course, can also stop on such roads (unless a prohibiting sign is installed). but only for loading or unloading. Therefore, placing a heavy vehicle for parking on such a road is prohibited. Sidewalk parking is prohibited for everyone trucks... In addition, the Traffic Rules prohibit stopping and parking on the carriageway near pedestrian crossings (or directly on them), as well as where a vehicle will interfere with the movement of pedestrians or other vehicles.
In other words, a heavy-duty vehicle cannot be parked in the yard or near it. What should be done in this case?
Compliance with the Traffic Rules is controlled exclusively by the State Traffic Inspectorate of the Ministry of Internal Affairs of the Russian Federation To solve the problem, you need to contact the regional department of the State Traffic Inspectorate with a statement, where you should indicate the license plates of the trucks, the owner's data and describe the violation in detail, add a photo of the wrong parking lot. The police must bring the offender to administrative responsibility on the basis of Art. 12.19 of the Administrative Code of the Russian Federation for violation of the rules for stopping or parking vehicles.
Other rules and regulations for parking and stopping vehicles in settlements
In addition to the Rules of the Road, parking spaces are also regulated by Sanitary Rules and Regulations, which establish that there should be at least 10 meters between the facade of a residential building and a car. For parking lots and garages designed for a large number of cars, this rate is increased to 15 meters, and in some cases - up to 20 meters.
It should be noted that in this case, regional requirements are decisive, which may differ in different subjects of the Federation. In some regions, parking under the windows of residential buildings is allowed, in others it is prohibited or strictly regulated. As a rule, bans apply only in large cities where there is a problem with congestion with vehicles.
It is also imperative to familiarize yourself with the local Rules for Improvement, Sanitary Maintenance of Territories, Organization of Cleaning, Ensuring Cleanliness and Order in a Rural Settlement. They should contain the section "Maintenance of streets, operation of vehicles", which separately regulates the procedure for parking and storage of vehicles in the settlement, as well as the designated places, access roads and the procedure for their maintenance. The local executive body should monitor their implementation, and you can also apply to it.
Best regards, Sergei.
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