What is the fine for driving on the sidewalk in 2020?
Motorists are aware that driving on sidewalks, pedestrian paths and bicycle paths is prohibited. According to the Code of Administrative Offenses (Article 12.15, second part), in 2018 the fine for such a violation for all regions is 2,000 rubles.
It is difficult for people to walk on sidewalks, as some motorists consider them to be roadways
Stopping, parking on the sidewalk, even with just one wheel, is a different type of offense. The punishment for it is provided for in Article 12.19 and is 1000 rubles. Two fines can be issued at the same time. Driving on the side of the road is punishable by a smaller amount - 500 rubles.
Residents of congested cities especially suffer from driving on sidewalks and pedestrian and bicycle zones. Riding a bicycle or scooter without risking your life even in a dedicated lane becomes problematic.
Thus, in Moscow, St. Petersburg and other cities of federal significance, an amendment to the Code of Administrative Offenses is in effect - for driving on the sidewalk, the fine there will be 3,000 rubles.
Fines for parking on the sidewalk in 2020 – what, in the yard, for legal entities, how to appeal
The modern urban environment is created in such a way that freedom of movement of vehicles does not interfere with other citizens. Therefore, the legislation provides for a high level of liability for motorists for violating parking rules and using spaces intended for pedestrian traffic for these purposes.
Such places include city sidewalks. The article of the Code of Administrative Offenses regulating this violation is devoted to most situations of improper stopping or parking of vehicles; the third part of Article 12.19 of the code is devoted to improper parking on the sidewalk.
The frequency of this offense leads to the fact that city budgets are seriously replenished through fines, but should drivers violate traffic rules, knowing that this will lead to some financial damage?
Is there any provision?
The driver may be fined for this offense. Responsibility for illegal parking is established by Article 12.19 of the Administrative Code.
The fine is imposed either by traffic police officers who have established the fact of a violation, or on the basis of the testimony of station CCTV cameras, which captured an incorrectly parked car.
The third part of the article establishes the driver’s punishment for incorrect parking in the form of a fine. Other types of punishment, such as a warning or deprivation of rights, are not provided for by law. If parked on the sidewalk for a long period of time, the driver may be prosecuted daily.
In some cases, road signs can tell the driver that, despite the fact that the space near the road is raised above the roadway, it can be used as a parking lot. Such a place is considered a sidewalk parking lot.
Signs that allow its use are numbered 8.6.2.-8.6.9. They will tell you exactly how to park practically on the sidewalk, so as not to raise questions from traffic inspectors.
There are options from parking with wheels only to parking the left and right side of the car on this part of the road.
Violation of the sign requirements will also be considered a violation, which may result in a fine. All fines go to local budgets, so inspectors are unlikely to accommodate the violator halfway.
Find out where to get a vehicle diagnostic card in this article.
If the driver violates the rules of stopping or parking, he will be forced to pay a fine of one thousand rubles. But if he committed this offense in cities of federal significance, which include Moscow and St. Petersburg, the fine will increase to three thousand rubles.
This increase in liability is due to the fact that traffic in both capitals is significantly more intense, and improper parking, in any place provided for in this article, from the sidewalk to tram tracks, can cause more accidents than in cities with less intense traffic.
It should be borne in mind that in addition to a fine, a sanction such as detention of the vehicle may be applied to the violator.
In practice, this is expressed in the fact that the car is transported to the impound lot with the help of a tow truck (Article 27.13). Finding and returning the car will become an additional measure of responsibility imposed on the offender.
At the same time, not only parking, but also driving on the sidewalk is seriously punished by the code. If it is discovered that the driver has traveled under it, he may be fined more seriously; he will have to pay two thousand rubles, regardless of the place where the offense was committed.
Payment
There are many ways to pay a fine imposed by the traffic police for committing an administrative offense, namely, for stopping on the sidewalk.
Among them:
- pay the receipt through Sberbank or any other bank. In this case, a commission may be charged;
- use the State Services portal and pay using all the methods provided there, in particular, by credit card or using an electronic payment system.
One of the useful innovations will be that if you pay a fine within 20 days after it was imposed, you can pay only half the amount.
In order to be able to quickly exercise this right, without waiting to receive a receipt by mail, taking into account the mileage period, you can subscribe to be informed about fines. This service is provided by the State Services portal.
How to appeal
The easiest way to appeal a fine is to challenge it administratively. This can be done within ten days from the date the resolution is issued by submitting an application addressed to the head of the traffic police department whose officer issued the fine.
It will be reviewed within 10 days, but in practice this method is rarely effective. An appeal is possible only in the event of a significant violation of the code by a traffic police officer.
If there is reason to believe that prosecution is unlawful and there is evidence to support this, the imposition of a fine can be challenged in court.
The court will take into account arguments related to incorrect interpretation of the code or failure to comply with the administrative penalty procedure.
In this case, there is no need to first challenge the imposition of a fine administratively before sending the materials to the court.
In particular, it is possible to challenge the imposition of a penalty if the place where the stop or parking was made is not a sidewalk.
According to the traffic rules, a sidewalk is a part of a road adjacent to it, but intended exclusively for pedestrian traffic.
Accordingly, a shoulder or strip made of crushed stone may not be a sidewalk, since the movement of pedestrians along it is difficult.
It will be more difficult to appeal a fine if parking occurred on an asphalt sidewalk limited by a curb.
At the same time, even hitting a curb stone with one wheel can be regarded as full-fledged parking and it will be impossible to appeal the offense.
If the violation was recorded by a video surveillance camera, an appeal is unlikely; photographs with the car number will be sufficient evidence for the judge and most likely no grounds for challenging will be found.
If the decision of the traffic police officer is appealed and during its preparation the culprit expressed his disagreement, which was recorded in the protocol, there is a chance of convincing the judge of his innocence.
If the driver was driven by another person using it by proxy, and the fine was imposed on the owner of the car, this will also become one of the grounds for its possible appeal.
In addition, if the driver proves that the parking was done for objective reasons provided for by law, for example, due to poor health and the need to take medication, this can also be taken into account by the court.
In this case, reference should be made to the norms of paragraph 2.7.7. Traffic rules and be sure to turn on the hazard lights. Also, an argument for recognizing parking as justified can be a malfunction of the car, which prevented its movement.
In Moscow and St. Petersburg, some drivers, in order to reduce the fine, try to present their violation as driving on the sidewalk, and not parking on it.
Any appeal requires evidence, so you must take care to record all evidence of your case using photographs, video recordings or witness testimony.
Fine for parking on the sidewalk in the yard
The situation with parking on the sidewalk in the courtyard of an apartment building is not much different from the situation with parking on the sidewalk adjacent to the roadway. It will be recognized as parking in a place not intended for this purpose, sometimes also in conjunction with an offense such as driving on sidewalks.
In this case, Article 12.28 of the Code of Administrative Offenses will be applied. Regardless of the fact that the sidewalk does not adjoin the main roadway, but borders on internal roads, responsibility for parking will arise if it is recorded by inspection staff.
Residents of the yard often report illegal parking to the traffic police hotline. Also in Moscow, a special application for mobile phones “Moscow Assistant” is used for this.
Such a statement from witnesses will lead to the illegal parking being recorded and recognized as a violation. Today such situations are becoming quite common.
For legal entities
If the car belongs to a legal entity, liability arises in the same manner as for ordinary drivers.
The driver, not the owner of the vehicle, will be recognized as the subject of the violation, and he will be fined according to the general rules. Slightly different standards apply to trucks.
If a freight vehicle is parked in the courtyard of a residential building, not even on the sidewalk, the driver will be fined three thousand rubles in Moscow and St. Petersburg, and one and a half thousand in other Russian cities.
Violation of traffic rules entails the application of penalties. Parking on the sidewalk is considered a fairly serious deviation from the rules of polite driving, and therefore it is punished quite severely.
Despite the possibility of appealing the decision to impose a fine, the court, in most cases, will side with the traffic police officers. The use of vehicle evacuation as an additional measure of liability will serve as a sufficient basis to ensure that the driver does not commit this violation again.
Read how to challenge a fine for parking on a lawn here.
How to challenge a ticket for a seat belt is described in the link.
Source: https://bibiguru.ru/shtraf-za-parkovku-na-trotuare/
Punishment for violation in 2020
Is driving on the sidewalk a fine or another punishment? Let's figure it out.
First, let's start with the amount of the recovery itself. By the way, it is the same in all regions and its amount does not change depending on who committed the violation.
So, the fine for driving on the sidewalk in a car is two thousand rubles. Agree, the amount is decent. Especially if you did not have time to pay this amount with a 50% discount on the government services website.
This measure was taken due to the increasing number of cases of collisions with pedestrians, as well as due to the fact that human rights activists actively insisted that the punishment be made more severe.
Many people may have heard about the so-called “Stop Ham” movement. Traffic participants fight against those who like to “move” pedestrians by sticking huge stickers on their windows, which not only block the entire view, but are also difficult to wipe off.
But what to do in a situation where it is impossible not to drive onto the sidewalk? If there was a forced movement on the sidewalk, will you still have to pay a fine? We will look at this issue in more detail in the next chapter.
Remember that if you witness rudeness on the part of a driver who allowed himself to drive in an area intended for pedestrians, you can file a complaint with the traffic police.
It will be good if you provide evidence in the form of a photo or video recording, as well as the license plate number and make of the vehicle. In this case, the offender will be identified from the database, or stopped at a traffic police post, where he will be charged.
Many believe that the fine is 2 thousand rubles. Such information is confirmed by the Code of the Russian Federation, which describes administrative offenses. But, in practice, this is not the case. You should carefully read what is written in the traffic rules. And there we are talking about pedestrian paths and sidewalks, if you drive onto them, the fine will be 2,000 rubles. But the pedestrian zone is not included in the listed restrictions.
The fine that is imposed for entering a pedestrian zone is described in another paragraph and article (paragraph 1, article 12.16): if the owner of a vehicle ignores the requirements that are regulated by the corresponding signs, then he may receive either a warning or a fine of 500 rubles
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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Just like that, an inspector, out of ignorance of a driver, can fine him not 500 rubles, but as much as 2,000 rubles. To prevent such situations, drivers need to carefully study the rules and also be aware of the fines for violating them.
In any controversial situation, the driver has the right to seek another expert opinion.
What does the driver face for violating it?
On busy city highways, you can sometimes see how an impatient driver, trying to avoid a traffic jam, drives onto a pedestrian path. Of course, such actions are contrary to the law. After all, no one canceled the fine for driving on the sidewalk in 2020. It remains quite significant.
The determination of the amount of an administrative penalty does not include the fact whether the driver knows how to distinguish the sidewalk from the road. Punishment will be imposed in accordance with current legislation.
And if the owner of the car decides to park it in the wrong place, the car may be forcibly towed.
A street consists of more than just a roadway. There are other elements of road infrastructure. The sidewalk, according to the definition of traffic rules, is also part of the street. It is separated from the roadway by a 10-15 cm high curb and a lawn. Cars are prohibited from driving on the sidewalk. This area is exclusively for pedestrians.
Is it possible to include the entire local area free of green spaces as sidewalks? Of course not. Are a pedestrian path and a sidewalk the same thing? Also no. These are two different elements of urban infrastructure.
The sidewalk is installed along the roadway of the street. The pedestrian path can be paved in the park or in the local area. The presence of a roadway is not important here.
Regarding the issue of the movement of vehicles, the rules of law here are clear in both cases.
The sidewalk or adjacent area that is a lawn cannot be used for cars, with rare exceptions specifically specified in the traffic rules. This applies not only to traffic, but also to parking.
Violation of this rule threatens the driver with a fine. Its size will be determined in accordance with the relevant article of the Code of Administrative Offenses of the Russian Federation.
It is better to know about the existence of exceptions in the legislation in advance, so as not to encounter a situation where the traffic police inspector issues a fine for an action that the driver committed, being fully confident that it meets the requirements of the law.
So, are cars allowed on sidewalks or walkways? According to the traffic rules, driving vehicles on the specified sections of street infrastructure and local areas is permitted in the following cases:
- passage of special equipment (in particular, snowplows, garbage trucks);
- delivery of goods to a store located on the ground floor of an apartment building or located inside a pedestrian area;
- passage of construction equipment (for example, truck crane, excavator).
Thus, the answer to the question of whether it is possible to drive onto the sidewalk to unload goods into a store is clear: the driver of a food truck should not expect any administrative penalties. But only if the purpose of his passage to the local area was to unload goods into a nearby store. In other cases, you may be fined.
Riding a bicycle on the sidewalk also has no consequences for both adults and children. This applies not only to specially equipped paths for this type of transport, but also to pedestrian areas.
Please remember that the sidewalk is not intended for cars. Their appearance here is allowed only in exceptional cases, which have already been written about. This applies not only to driving inside a pedestrian zone, but also to illegal parking.
The fine for parking in the wrong place is imposed in accordance with clause 4 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation. Its size (except for Moscow and St. Petersburg) is 1,500 rubles. In both capitals, the fine will be twice as large. According to clause 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation, the administrative penalty for violating parking rules in Moscow and St. Petersburg is 3,000 rubles.
Before considering the question of what the administrative penalty for driving on the sidewalk will be, it is recommended to take into account that driving on the side of the road is a violation, liability for which is determined in accordance with paragraph 1 of Article 12.
15 of the Code of Administrative Offenses of the Russian Federation, which implies a fine of 1,500 rubles.
If the car drove onto a pedestrian path, then the driver will be charged not under the first, but under the second paragraph of this article, which slightly increases the amount of the administrative penalty.
So, what fine does a driver expect for driving on the sidewalk in 2020? Following the legislative norms set out in paragraph 2 of article 12.
However, if the fine is paid within 20 days after the protocol is issued, the driver can pay half as much. According to Article 32.2 of the Code of Administrative Offenses of the Russian Federation, there is a 50% discount here.
There is no fine for riding a bicycle on the sidewalk. Only motorists are liable for driving on this section of the city road infrastructure.
The fine for parking on the lawn is determined according to local law. There are often cases when the amount of recovery in different cities differs several times. For Moscow, the fine for a car parked on the lawn is 5,000 rubles. Whereas in Krasnoyarsk, for a similar violation, the driver will have to pay only a thousand.
Chapter 12 of the Code of Administrative Offenses of the Russian Federation regulates liability for traffic offenses.
Driving into a pedestrian zone and parking in the wrong place is punishable as follows:
- The fine for driving on the sidewalk is 2,000 rubles (Part 2 of Article 12.15 of the Administrative Code).
- For stopping or parking, the driver will pay 500 rubles (Part 1 of Article 12.19 of the Administrative Code).
The sanction for violating the rules for the movement of cars in pedestrian areas is the same for all regions of Russia. Since 2020, there is a discount on payment of 50% of the fine within 20 days after receiving the decision with the details.
Driving on the sidewalk is punishable by a fine if a traffic police officer records an episode of an offense. However, the main task of traffic police patrols is to control the behavior of vehicles on the roadway. Therefore, car louts are rarely detained in pedestrian areas.
Evidence of an administrative violation is:
- video recording of driving on the sidewalk;
- eyewitness testimony.
Proper execution of the protocol by the inspector is of no small importance.
Legislation in the field of liability for movement on pedestrian routes has certain shortcomings. Legal shortcomings allow many drivers to avoid punishment.
What to do as a witness to a crime?
Only a traffic police officer can fine you for driving on the sidewalk, bicycle path, or pedestrian zone. Other services do not issue fines. But, as a rule, such violations occur in places far from patrolling, in residential and office areas. There, the initiative to punish the offender belongs to local residents.
The fine in Moscow for riding on a bicycle path is 3,000 rubles.
Any citizen’s appeal to the traffic police through an open website with the attachment of photos and video materials is the basis for the driver to be issued a fine even for simply driving onto the sidewalk.
What should pedestrians whose rights are violated by drivers driving on sidewalks do? Do you hope that the traffic police will stop the offender sooner or later? But in some places they simply don't exist.
In this case, you need to take the time to record, preferably with video, the illegal maneuver. It is important that the registration number of the car is captured on camera. Then you need to find the website of the Ministry of Internal Affairs or the State Traffic Safety Inspectorate on the Internet and use the online application form.
Online application form on the traffic police website
Attention! The applicant must fill out all fields by providing personal information. A script will be attached to the application requesting that the result of the consideration of this violation be sent by email. If no response is received within the 30 days required by law, a second request may be made.
The easiest way to “get” a fine would be an unexpected meeting with a traffic police inspector, which usually happens at the most inopportune time for the offender and in the most unexpected place for him. To be fair, it should be said that the traffic police have relatively little control over such maneuvers of car boors.
The reason, apparently, is that such offenses cannot be considered systemic, that is, those that regularly occur on a certain section of the road. After all, it is quite difficult to predict whether such an intruder will appear today, scattering pedestrians on the sidewalk with the hood of his car, like a wave boat, or not.
To prove an offense, law enforcement officers will only need video recording of a car driving on the sidewalk and testimony of witnesses. It is quite possible that there will be no shortcomings of the latter, since pedestrians themselves are very categorical about the manifestation of such rudeness and disrespect for their rights. In principle, if the inspector draws up the protocol correctly, it will be quite difficult to challenge it in court.
How is such an offense proven?
Driving on the sidewalk is punishable by a fine if a traffic police officer records an episode of an offense. However, the main task of traffic police patrols is to control the behavior of vehicles on the roadway. Therefore, car louts are rarely detained in pedestrian areas.
Evidence of an administrative violation is:
- video recording of driving on the sidewalk;
- eyewitness testimony.
Proper execution of the protocol by the inspector is of no small importance.
Legislation in the field of liability for movement on pedestrian routes has certain shortcomings. Legal shortcomings allow many drivers to avoid punishment.
When can I ride?
Now let's look at when driving on the sidewalk does not imply a fine. Looking ahead, I would like to say that amateurs should not have high hopes, because this list is very, very small.
- Drivers of trucks delivering groceries or other goods to a store will not be fined. True, only on the condition that there are simply no other options other than pushing out pedestrians.
- There may be repairmen on the sidewalk who are repairing it by pouring asphalt. Most often, the area under repair is fenced off and it is not possible to walk around it without the presence of cars.
- There are situations in which there is no other way to access a particular place other than through the sidewalk. For example, a store's parking lot may be located behind a pedestrian area. Or to get to a residential building you need to walk a few meters along the sidewalk. In these cases, no fines will be issued. However, the driver must remember where he is and always be prepared for the sudden appearance of a person. You need to move slowly and look around carefully.
What to do after receiving the notification?
Notification of the need for payment can be found either in your own mailbox or received by email.
If the motorist agrees that he really violated the traffic rules, then he has 20 days to pay the fine with a 50% discount.
Attention! The driver has the right to challenge the fine for driving in a pedestrian zone in court, presenting his vision of the situation. He has 10 days to do this from the date of receipt of the receipt.
You can move on sidewalks:
- emergency services during the performance of official tasks;
- vehicles for transporting goods to stores, if there is no other way of unloading;
- It is allowed to bypass the scene of an incident on the sidewalk (for example, a collision of two cars);
- The provision that you can leave along the sidewalk or pedestrian zone of the yard where parking is provided is controversial, if there is simply no other way to get onto the road.
We invite you to read: Fine for lack of compulsory motor liability insurance in 2020. Amount of the fine for driving without compulsory insurance
But legal literacy and knowledge of procedural norms are important here. If there is no time to challenge the fines, or the violation was not justified by the circumstances, or more than 10 days have passed since the notification was received, then a fine for driving on a pedestrian path or other place that is not intended for driving must be paid. The law provides 60 days for this.
Payment Methods
This can be done in the following ways: through a bank, via the Internet and through the Unified Mobile Platform.
Unloading on the sidewalk
When choosing a bank, it is better to make sure that this credit institution is registered in the State Information System on State and Municipal Payments (GIS GMP). This can be done on the website of the Federal Treasury. Otherwise, information about the payment of a fine may not reach the traffic inspectorate in time.
The fastest and most convenient payment methods are provided by the Internet. There are no tiresome queues, although the commission in some services may be higher than that of a bank. The payment receipt must be kept.
You can pay a fine online:
- through the traffic police website;
- through the State Services portal;
- using payment systems Yandex.Money, WebMoney, QIWI wallet and others.
There is also a way to pay fines via SMS. To do this, you need to register on the Unified Mobile Platform, and then send a message with the text “servicereg” or “servicereg” to the short number 7377.
Traffic jam is not a mitigating circumstance when imposing penalties for entering a pedestrian zone
The main thing you should pay attention to when paying a fine is to correctly enter the number of the order issued by the traffic police inspector. It is better to keep the receipt for payment of the fine for at least a year, in order to avoid its re-assignment, since as a result of technical failures, not all information about paid fines is transmitted to the traffic inspectorate on time.
After 90 days, if there is no information about the paid fine, the traffic police inspector transfers the case to court. Collection then occurs through the bailiff service.
Currently, as a result of a signed agreement between the bailiff service and most banks, the fine can be written off to the offender's cards by court order.
Important! If payment is not made by the debtor, he will be fined double the amount. If it is impossible to recover funds, arrest for up to 15 days or forced labor for 50 hours is applied.
Evading a fine
Of course, you can deviate from the fine. To do this, you will need to file a complaint with the traffic police within 10 days. By the way, this can also be done online. But first, it would be a good idea to find out how employees record violations - in case in your situation an appeal will be a pointless waste of time.
The fact is that it is rare that traffic police officers are nearby at the time of the violation, which is why it is sometimes quite difficult to impose a punishment.
However, if the driver’s maneuver came into the inspector’s field of view, the main evidence may be video recording, which, unfortunately, is very difficult to argue with.
However, if you are sure that you are right, you will need to prove that you had no other way of entering the territory.
Residents of provincial cities, where the quality of roads and pedestrian areas leaves much to be desired, can challenge the fine by proving the absence of markings and other identifying signs - the absence of a curb or green zone.
If you cannot prove that you are right, but you are confident in it and for you this is a matter of principle, you can contact a lawyer. Although the amount of payment for their services will clearly be higher than two thousand rubles.
Stopping on the sidewalk
Some drivers like to park their car in a pedestrian zone. This can only be done if there is an appropriate road sign in this area that allows stopping. If there is no such sign, but the driver still decides to park his car, he will have to pay a fine.
For residents living in the regions of Russia, its amount will be 1,500 rubles, for residents of Moscow and St. Petersburg – 3,000 rubles.
If you don’t have extra money, then it’s better to try to avoid driving in pedestrian areas and on the side of the road. Otherwise, you can not only get a fine and damage your car tires, but also get into more serious trouble.
Changes in legislation
Since the amount of a fine for driving on the sidewalk seems insignificant to many drivers, the number of cases of collisions with people in pedestrian areas is growing from year to year.
Currently, the question of whether a fine for driving on the sidewalk is sufficient is being discussed very actively. Most likely, sanctions will be tightened in the near future. Also, some public figures propose to introduce an amendment to deprive a driver’s license for this offense, but if this happens, it will definitely not be in 2018, but later.
To avoid penalties, drivers must respect the rights of pedestrians and not drive in areas that are not designated for vehicle traffic. Some motorists violate traffic rules due to inattention, so you need to follow the signs and markings on the road.
Sidewalk, curb or adjacent area?
Before you find out what the fine for driving on the sidewalk in a car is for violators in 2019, you should understand what a sidewalk is. After all, drivers often unknowingly violate traffic rules, confusing the sidewalk with the curb or local area. This is not surprising, because the concepts overlap in many ways:
“A sidewalk is an element of a road intended for pedestrian traffic and adjacent to the roadway or bicycle path or separated from them by a lawn.”
“The shoulder is an element of the road that is directly adjacent to the roadway at the same level with it, differing in the type of coverage or highlighted by markings, or used for driving, stopping and parking in accordance with the Rules.”
Based on these definitions of traffic rules, the main differences between the shoulder and the sidewalk are that the shoulder:
- Located on the same level as the roadway
- Differs in type of coating or has markings
- Not separated from the roadway by a lawn
- Not intended for pedestrian traffic
Usually the sidewalk is raised above the roadway or separated from it by a lawn, but in practice it may be no different from the curb.
A wide sidewalk, separated from the roadway by a lawn, can easily be confused with the adjacent territory where vehicle traffic is permitted.
“Adjacent territory is the territory directly adjacent to the road and not intended for through traffic of vehicles (yards, residential areas, parking lots, gas stations, enterprises, etc.).”
Who is the sidewalk intended for and what does the traffic regulations say about it?
A sidewalk can always be identified by the presence of a separate curb or green spaces. The pedestrian path is marked with sign 4.5, which can only be valid up to the nearest intersection. As we noticed, neither a car nor a motorcycle is indicated on it. Accordingly, they are prohibited from moving within these pedestrian zones.
And it wouldn’t matter if in every locality the sidewalk was marked accordingly, as provided for in the Traffic Rules. But this doesn’t always work out. Especially in provincial cities and towns, where the quality of road surfaces leaves much to be desired. The deplorable condition of the road means that the marking line that demarcates the sidewalk and roadway is not visible.
This sign marks pedestrian paths
How can you prove such an offense?
The Administrative Code of the Russian Federation provides for punishment not only for driving on sidewalks, but also for stopping on them. Such offenses are regulated by Article 12.15 of the Administrative Code. In 2020, the fine for driving on sidewalks will be 2,000 rubles.
If the driver decides to leave his vehicle on the sidewalk, then such parking will cost him 1,000 rubles. It is typical that a car is considered stopped on the sidewalk even if only one of its wheels is on the curb. Therefore, having left the car in this way, its owner must understand that he will be able to meet it next time only at the impound area and only after paying the appropriate fine, as well as storage services.
Interestingly, the fine for driving on the sidewalk and stopping on it is the same for all Russian regions. Even in large populated areas of federal significance it will amount to the same amount. After all, many of them have a system of doubling some fines for traffic violations.
Statistics of road accidents in recent years show a significant increase in pedestrian injuries from being hit by vehicles on sidewalks. The most depressing statistics, naturally, are observed in large cities of the country. In view of this, activists who are fighting for compliance with the law on Russian roads are actively demanding much more serious administrative penalties for driving on sidewalks than a fine of 2,000 rubles.
There have been repeated wishes to deprive drivers of their licenses for performing such maneuvers. Such proposals have not yet been considered at the legislative level. However, automobile experts predict in the near future a significant increase in the amount of fines and tougher sanctions for violations of traffic rules in Russia.
Frankly speaking, the proposed changes are based not only on legal, moral and ethical components, but also on economic ones. Were most of the fines introduced before the significant fall in the ruble exchange rate? and in modern times they are no longer a serious deterrent for violators on Russian roads. Recently, some changes have occurred in the Administrative Code of Russia, but they affected only part of the segment of traffic violations.
Fine for entering a pedestrian zone. Sign fine
Nowadays, city residents not only understand the actions of the municipality, but also help them by buying small compact vehicles. The municipality, in turn, is doing a lot of work to minimize the negative consequences of this or that restriction - they are thinking through additional detour routes, introducing one-way traffic, and calculating traffic.
Many European cities have created streets where traffic is prohibited. For example, in Copenhagen there is the largest pedestrian zone Strøget - its area is about 100 thousand square meters. meters. This zone includes several city streets.
Bruges, the capital of the province of Flanders in Belgium, is almost entirely pedestrian-only, with only motorbikes, scooters, bicycles and horse-drawn carriages available for transport. The police strictly monitor compliance with the rules of movement restrictions and constantly check the entry permission of drivers of service vehicles.
At the same time, there is a negative pattern - the larger the city, the fewer pedestrian zones there are on its territory.
AttentionFine for pedestrian zone sign
For the safe and comfortable movement of pedestrians, the Traffic Rules of the Russian Federation provide for special areas of the city, marked with appropriate road signs.
Appendix 1 of the Traffic Regulations mentions special regulations signs 5.33 “Pedestrian zone” and 5.
34 “End of the pedestrian zone”, the installation of which determines the beginning and end of the territory intended exclusively for the movement of pedestrians.
The Code of Administrative Offenses provides penalties for driving in a pedestrian zone.
Important Every car enthusiast knows about this. However, standing in a traffic jam for a long time causes many drivers to neglect the established rules. Such an offense poses a danger to both the pedestrian and the person driving.
This violation is considered in Part 2 of Article 12.15 of the Code of Administrative Offenses and is punishable by a fine of 2,000 rubles.
Plus you will have to pay for the services of a tow truck and impound lot. Parking on the lawn Parking of cars on the lawn is prohibited, although the Code does not mention this violation. But in almost every region there is a regulation according to which drivers are fined. The reason is damage to municipal property.
The size of the penalty depends on the region and the status of the driver. For example, in St. Petersburg, a driver (an individual) will pay from 3 to 5 thousand for parking on a lawn, and if the car is the property of an organization, the fine will be from 100 to 250 thousand, depending on the damage caused.
Sign 3.36 “Parking prohibited on odd days of the month” prohibits parking of vehicles on odd days of the month. The sign does not apply.
Sign 5.39 “Parking zone” defines the area where parking is permitted, under the conditions that are noted on the sign or additional plates below it.
Plate 7.6.2 “Method of parking a vehicle” indicates the method of parking cars and motorcycles in a parking lot near the sidewalk and.
Plate 7.6.3 “Method of parking a vehicle” indicates the method of parking cars and motorcycles in a parking lot near the sidewalk and.
Plate 7.7 “Parking with the engine not running” means that vehicles are allowed to be parked in the parking lot marked with signs 5.38 or 5.39.
Plate 7.6.1 “Method of parking a vehicle” indicates that all vehicles must be parked on the roadway.
Road markings
Marking 1.10.2 indicates places where parking is prohibited.
The area closed to vehicle traffic must be equipped with traffic restriction signs along its entire perimeter. The beginning of the closed area is sign 5.33 “Pedestrian zone”, along the edges – 5.34 “End of the pedestrian zone”.
Therefore, if you come across a section marked with sign 5.33 on your way, you should take into account that its restrictive effect will extend to sign 5.34, which lifts the ban.
The first spaces for pedestrians appeared in Europe in the 1950s. Their appearance was caused by the increase in motor transport in cities. The accumulation of cars led to high levels of air pollution and interfered with access to important facilities.
Signs 5.33 and 5.34 may also limit areas with historical places or attractions that are significant for the city.
In Russia, a sign for car-free areas was introduced in 2006. Before that, it was replaced by a “No Traffic” sign. Arbat Street, located in Moscow, is the largest and most famous space for pedestrians in our country.
Today, the “My Street” program is starting in the capital. This large-scale engineering undertaking to create a single pedestrian zone, which will stretch from the Kremlin to Zaryadye Park, will become the main route for tourists and residents of Moscow. They plan to connect the park with Nikolskaya Street, which has been closed to cars since 2013.
The largest pedestrian area, Strøget, is in Copenhagen. It includes several major streets of this city and occupies as much as 100 thousand square meters. meters.
Very often, some part of the city needs to be freed from car traffic for a certain time every day for various reasons. Or for all holidays and weekends.
For this purpose, the “Pedestrian zone” sign is supplemented with signs 8.5, which carry information about the duration of the vehicle traffic ban. Thus, the red “star” located in the lower field means that the restriction is valid only on holidays or weekends. At other times, traffic proceeds as usual.
The “Pedestrian zone” sign, which does not have any additional instructions, means that all cars without exception are strictly prohibited from passing through. There is only one amendment - tram and pedestrian streets. If signs 5.33 and 5.34 are installed on such a street, then the ban does not apply to the tram.
Every traffic violation is strictly punishable. In 2020, a driver of any type of transport, including a mechanical one, will be fined 2,000 rubles when attempting to cross a pedestrian zone. according to Article 12.15 part 2 of the Administrative Code.
On the other hand, the article states that the fine is charged only for crossing a pedestrian path. Article 12.15 part 2 of the Code of Administrative Offenses says nothing about the pedestrian zone. Consequently, crossing it falls under Article 12.16 of the Code of Administrative Offenses, which provides for a fine of 500 rubles. or a banal warning.
So, if you see a 5.33 sign on your way, it’s worth remembering that:
- This is not a “Pedestrian Path” and the movement of absolutely any type of transport (cars, mopeds, tractors, scooters, bicycles) after this sign is strictly prohibited. The only exception is the tram on the tram-pedestrian street.
- The area closed to cars is not interrupted at intersections, but ends only at the location where the barrier sign 5.34 “End of the pedestrian zone” is installed. Also, signs indicating the end of the prohibited area must be present at each of its exits.
- Many 5.33 signs have additional 8.5 legends in their bottom margin which indicate the possibility of movement at certain times or days. The most common additional indication, which can often be seen under the blue circle, is a red “star”. Where such signs are located, you can safely drive on any weekday. The ban applies only to weekends and official holidays.
- For entering a pedestrian zone marked with signs 5.33 and 5.34 without additional notes, the driver will be fined.
Independent fight against automoto rudeness
Pedestrians have the right to independently record such violations on the part of car boors. What is needed for this? There are not always and not everywhere vigilant traffic police, but it is simply necessary to fight such a threat to your life and health. After all, who else can show the impudent person in his place?! Only vigilant citizens...
First, you need to call the police and inform law enforcement that such an offense has been committed. Secondly, you need to make a video recording. If a car driving on the sidewalk was fully filmed (with clear license plates, the driver’s face, the ability to determine the make, color and other necessary characteristics), then the video can be posted on the traffic police Internet portal.
- license plate number and make of the offender's car;
- information about the device used to record the video;
- address of the scene of the incident (district, street, numbers of nearby houses);
- describe in detail the offender’s maneuver;
- note the time of the incident;
- leave your personal and contact information.
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It must be said that if the last point is not observed, then law enforcement officers will simply ignore such a statement. Anonymous applications will not be considered. If the applicant provides his contact information, a letter will be sent to his email address confirming that the application has been accepted for consideration.
The letter will indicate its individual number. The traffic police will consider the application within one calendar month. After this period, a further letter will be sent containing information on the results of the investigation. A conscientious pedestrian who has recorded such a fact on video and also sent video evidence to the traffic police should be prepared to defend their interests in court. It is also advisable to have several witnesses who can confirm that the illegal incident actually took place.
Who else, besides cars, is prohibited from driving on the sidewalk?
Some changes that appeared in the Russian Traffic Rules at the end of 2014 expanded the list of vehicles that are prohibited from driving on sidewalks, pedestrian or bicycle paths. In particular, the movement of motorcycles, mopeds, scooters, and electromechanical vehicles is prohibited.
Persons managing them, along with car drivers, will be held liable under the above-mentioned article of the Russian Administrative Code. Both a motorcycle driver and a moped or scooter driver will pay a fine of 2,000 rubles for violating the rules prohibiting driving on sidewalks, pedestrian or bicycle paths.
Very often, owners of mopeds or scooters ignore this provision of the law. This can be especially often observed in the provinces. Drivers of mopeds and scooters are remembered relatively rarely, but, as practice shows, they are most often violators of public order on sidewalks and are responsible for injuring unsuspecting pedestrians. At the same time, this category of violators is much more difficult to detain, identify and bring to administrative responsibility.
The updated version of Russian traffic rules pays special attention to cyclists and the places where they are allowed or prohibited from riding, and also (finally) determines the place in the transport food chain of bicycles with electric motors. Let's start with the last one.
Bicycles with electric motors are finally recognized as bicycles
A vehicle equipped with an electric motor, the power of which in continuous load mode is no more than 0.25 kW, is also recognized as a bicycle. In this case, the electric motor should turn off at a speed of 25 km/h on its own. Before this decision, many disputes arose and many copies were broken on the question of whether a bicycle with an electric motor should be recognized as an electromechanical vehicle or not.
Also in the Rules the concept of bicycle and bicycle-pedestrian paths was more detailed. This may be interesting in the context of the topic of this article, since penalties for driving motor vehicles on bicycle and bicycle-pedestrian paths are not at all different from those for driving on sidewalks. If before the innovations lawyers considered this point to be a flaw in the law, now everything has fallen into place.
Paradoxically, cyclists are also not allowed to ride on sidewalks unless there is an appropriate sign allowing cycling. This is precisely what bicycle and pedestrian paths exist for. A cyclist may be fined up to 800 rubles for such actions. But, frankly, in practice, the number of cases of cyclists being fined for riding on sidewalks can be counted on the fingers of one hand.
As already mentioned, fines for a motorcyclist who rides on a sidewalk, bicycle or pedestrian path are no different from fines for motorists. But in reality, a motorcyclist driving at high speed on the sidewalk is much more dangerous than a car. The fact is that it is less noticeable and at the same time more maneuverable; a pedestrian manages to notice it at the very last moment.
And proving this offense committed by a motorcyclist is much more difficult than registering a car. This refers to video recording. Firstly, the motorcycle number is only on the back. Secondly, a motorcyclist usually rides in a motorcycle helmet with a closed visor. Therefore, it is much more difficult to detect the license plate of a motorcycle, and it is almost impossible to identify the motorcyclist in the video recording.
Approximately the same nuances exist when committing an offense related to the movement on the sidewalk by drivers of scooters and mopeds. In some cities, for many years in a row, raids have been organized in which traffic police and patrol police officers catch cunning scooter riders, including on the sidewalks.
Not all of them have yet fulfilled the established standards by obtaining a license to drive a given vehicle (or at least opening the appropriate category) and registering it in the manner prescribed by law. That’s why they simply don’t have license plates, and you can only catch such a “king of the road” by the hand. A collision between a scooter or moped and a pedestrian may well lead to serious consequences.
This will not be a violation under any circumstances. Traffic regulations equate to pedestrians those who move in wheelchairs that are not equipped with a motor, cyclists carrying bicycles in their hands, people carrying sleds, carts, baby strollers or wheelchairs. Pedestrians are also considered to be persons who use scooters, roller skates, and so on to get around.
Who, besides motorists, is prohibited from driving on the sidewalk?
The list of vehicles that are prohibited from driving in stop sign pedestrian zones is not limited to cars.
Drivers operating the following devices are prohibited from driving along alleys and sidewalks:
- Motorbike.
- Scooter.
- Moped.
- Electric car.
This article of the Code of Administrative Offenses of the Russian Federation applies to owners of the listed vehicle classes (driving on the sidewalk is subject to a fine of 2,000 rubles).
A motorcycle and scooter pose a greater danger to pedestrians than a car. Drivers of two-wheeled vehicles often enter alleys and paths. It is quite difficult to punish them, since the violator’s face is covered with a helmet, and it is difficult to record the license plate number.
Cyclists occupy a special place in this series. In the absence of special traffic rules signs, their movement in pedestrian areas is not permitted. The fine for riding a bicycle is 800 rubles.
However, if there are no dedicated bicycle lanes nearby, and the driver of a two-wheeled vehicle does not interfere with anyone, traffic police officers do not interfere with driving on the sidewalk.
Persons driving mopeds, scooters and bicycles are considered pedestrians
What it looks like in reality
We are already accustomed to the fact that the reality of life differs significantly from the prescriptions and established rules. And in most cases, both potential violators themselves and law enforcement officers who are called upon to ensure compliance with the law understand this. For example, in large cities, a huge number of retail outlets are adjacent to the sidewalks, which automatically creates a large field of activity for those who like to travel on the sidewalk and those who are called upon to prevent this. Here are a few examples of how the rule prohibiting driving on the sidewalk works or does not work in practice.
Example one
The driver drove a truck to the store, located near the sidewalk, to unload goods. At the same time, he had to drive several tens of meters along the sidewalk. This was noticed by a traffic police patrol located in the immediate vicinity. In addition, the video recording of the police car recorded the maneuver performed by the truck.
The traffic police inspector filed a complaint against the truck driver for violating the relevant traffic rule. The driver expressed his disagreement in the protocol, since driving on the sidewalk is permitted when loading or unloading goods. But the most important thing in this case is that the store had another entrance for loading and unloading, which excluded a prohibited maneuver.
Example two
The car drove onto the sidewalk, moving towards a permitted parking spot near a residential building. There was no other entrance to the house. The traffic police patrol approached the potential violator and inquired about the reason for his prohibited maneuver. The driver said that he lives in this house and was able to confirm this with the appropriate document.
The police looked at the documents and wished the driver a happy day, since he did not violate the Traffic Rules due to the fact that he drove into a parking lot near his place of residence. And for some reason another visit to the house was not provided. A similar situation often happens in provincial cities and at the entrance to houses in which there are few apartments and there are no legally established entrances for transport.
Example three
The minivan drove up to a cigarette kiosk adjacent to the sidewalk and located not far from the highway. To do this, he had to drive about 300 meters along the sidewalk. The traffic police inspector filed a complaint against the driver of the minivan, since the distance from the cigarette kiosk to the highway is only about ten meters. Stopping and parking at this point on the road is permitted.
The volume of product unloaded into a cigarette stall could be carried in one's hands while parking a car on the side of the road. The delivery driver expressed his disagreement in the protocol drawn up. When the case was considered in court, it was decided that the driver was innocent. Although in fact this situation is ambiguous, and the court could well have made the opposite decision.
Example four
The car was moving quite quickly along the sidewalk, periodically signaling to people passing by, demanding that they give way. One of the outraged pedestrians filmed this maneuver on a smartphone. In the evening, he posted a copy of the video file on a special traffic police portal. In the notes, he described in detail the time when the offense occurred, the place where it happened, the number and make of the car driving in an unidentified location.
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In addition to everything, he left his personal and contact information. The next day, a letter was sent to his email notifying him that the complaint about the offense had been accepted for consideration. The driver was brought to administrative responsibility. He tried to challenge his innocence in court, but he failed, since the entire offense was recorded on video by a conscious pedestrian.
If in this situation pedestrians decided to take on the role of justice and tried to restore justice using not entirely legal methods, then they would end up in the dock together with the offending driver, since they committed hooligan acts.
Is it possible to challenge the protocol?
Driving on the sidewalk is one of the most frequently charged offenses. This is especially true in megalopolises and big cities.
Practice shows that traffic police officers punish with fines, as a rule, only those careless drivers who drive on the sidewalk with the task of avoiding a traffic jam, taking a shortcut, and so on. It is almost always clear at first glance why a person came to him. But if law enforcement officials nevertheless fined the driver for driving on the sidewalk, and he categorically disagrees with this, then there is an opportunity to challenge the actions of the traffic police officers.
It is better for the driver to sign the protocol drawn up, but in the comments he must note that he does not agree with the offense charged against him and explain the reasons for his maneuver. You can try to resolve the situation on the spot by explaining in detail and reasoned to the inspector the reasons for your behavior.
If the fine is issued based on the results of video recording, then in this case there are several ways to prove your innocence. Firstly, the video recording complex must have the appropriate certificates and documents confirming its performance, which must be periodically carried out within the time limits established by GOSTs.
Also, the complex itself must be located without violating the Traffic Rules and in accordance with the technical standards established by GOST. Secondly, you can challenge the results of traffic cameras or a video recorder on a patrol car if the license plates and make of the car are not clearly visible.
You can also argue your innocence by the fact that at the time the offense was committed it was not the owner of the car who was driving. This is the case if it is impossible to identify his face. If this is the case and the offender is lucky, then he will need at least two witnesses who will confirm that the owner of the car on the specified day and hour was far outside the area in which this incident occurred.
Drivers win most cases in court
If at least one of the required documents is missing or one of the above conditions is not met, the court may rule in favor of the driver. If innocence could not be proven in the court of first instance, then there is the opportunity to appeal to the court of higher instance - the Court of Appeal. Contrary to popular belief that it is very difficult to challenge the results of video recording, judicial practice suggests that 65% of such cases were won by drivers. As you can see, this is more than half. Therefore, the situation is far from hopeless.
In what cases can you drive on the sidewalk?
The traffic rules indicate several cases in which driving through a pedestrian zone by car is permitted:
- If special equipment of any service is required to approach the accident site or the location of communications;
- When passing vehicles that deliver goods to a store or enterprise located next to a pedestrian area.
Situations often arise when a motorist needs to stop near a store where parking is allowed, but the height of the curb does not allow him to pass. Usually there is a lower curb nearby, and the driver has to drive this short distance, thereby violating traffic rules.
The traffic police provides an explanation regarding this point - a fine is imposed only on those motorists who deliberately drive onto the sidewalk to avoid a traffic jam, shorten their journey, etc. If a motorist needed to enter a pedestrian zone to get to a place where stopping is allowed, he will not face punishment.
At the same time, every driver who had to drive off the roadway is obliged to take care of the safety of the people around him. Motorists should follow traffic rules not only to avoid paying a fine, but also to avoid causing harm to others.
Procedure and deadlines for challenging
Within 14 calendar days from the date of receipt of the fine, the driver has the opportunity to submit an application to the local traffic police department. The resolution can be issued by an inspector on the spot or based on the results of video recording. In the latter case, the period begins when the decision is received by mail.
The application must indicate the date when the order was issued, its number, and also provide arguments proving that, from the driver’s point of view, accusing him of an administrative violation is illegal. The traffic police must consider the complaint within ten working days. The applicant will be notified of the decision in writing on the official letterhead of this organization.
But the inspection’s decision on this issue (if, based on the results of the investigation, the fine remains in effect) may well be challenged in court in the locality where it is located. Practice shows that complaints considered by the traffic police have little chance of being satisfied.
The biggest problem is that the case is processed without the participation of the driver. He does not have the opportunity to provide additional evidence, for example, witness statements, video materials or photographs. There are no exact statistics, but experts say that about 90% of fines remain in force after consideration of allegations of their unfoundedness by employees of this service.
...The same cannot be said about the consideration of the case in court. An application to the court can be filed within the same period from the date of receipt of the fine as to the traffic police. It is also possible, after a negative decision from this service, to go to court within 14 calendar days. The question is - which one? You must go to the court located where the offense was committed.
This, of course, creates a lot of inconvenience for transit drivers who have violated traffic rules far beyond the borders of their hometown. There is a special website “Justice” where you can check which district a particular court belongs to. By law, the court must consider the application within two months from the date of its filing.
At the same time, the consideration of the case by the judge must occur from scratch, without taking into account the conclusions made during the consideration of the case by the traffic police. When appealing an administrative fine, it is very important to point out procedural violations committed both when drawing up a protocol on the spot and when considering the application to the traffic police.
If the court made an unlawful, from the driver’s point of view, decision in his case, he can appeal to the Court of Appeal. There, the consideration of his case will also take place from scratch. The Court of Appeal may consider the appeal within three months.
If the court of first instance considers the case for more than the period established by law, then the fine decision automatically loses its legality. The same statement is also relevant for consideration in the Court of Appeal. A 2,000 ruble fine for driving on the sidewalk is, in principle, not a very large amount.
Therefore, not every Russian driver will try to seek justice. This is precisely what negligent traffic police inspectors often take advantage of, illegally fining drivers, especially in ambiguous situations. Statistics show that applicants win about 90% of cases appealing illegal traffic police fines. That is why, if there is no desire to pay a fine or there is a question about observing life principles, then it is still worth going to court.
Additional Information
In certain cases, the fine may not be paid at all. Although, by and large, this is a game of roulette. Sometimes the violator may not receive a decision on an administrative fine within 80 days, as required by law. If he receives it after 81 days, then the fine may not legally be paid, since procedural rules have been violated.
The same can be done when the court of first or second instance considered the application longer than the period established by law. The limitation period for an administrative fine for violating traffic rules is two years. Therefore, the fine may not be paid two years from the date of receipt of the ruling on it, two years from the date of the court decision of the court of first or second instance.
They may not be allowed to go abroad only if the amount of the fine exceeds ten thousand rubles. And then only on the basis of a court decision. And to issue it, you will need a corresponding appeal from the executive service stating that this person is a willful defaulter and this measure is extremely necessary. Despite the popular belief about the simplicity of a ban on traveling outside the country due to unpaid traffic fines, such cases are rare.
So, driving on the sidewalk and bicycle/pedestrian path is almost always a violation of the Traffic Rules. Unless, of course, the driver falls into the category of those who are allowed to drive there. But not far and not for long. Therefore, the conclusion is simple: the desire to overtake cars in a traffic jam or take a shortcut can result in significantly damaged nerves and a lighter wallet.
How to dispute
If the driver does not agree with the punishment imposed, he has the right to appeal it. First of all, you can express your disagreement in a comment to the protocol on the imposition of an administrative fine. It is necessary to indicate the reasons for such a maneuver and clearly indicate your arguments. The protocol itself needs to be signed, but it would be a good idea to ask for a copy of it - in the future it will help you argue against the punishment in higher authorities.
In the future, the driver has the right to appeal the imposed fine in two ways.
- You can submit an application addressed to the head of the traffic police department, whose officer imposed the fine. The statement also needs to provide arguments in your favor, and if there is a violation by the traffic police officer of procedural norms when issuing a fine, then these should also be indicated.
- The second way to challenge a fine, which is usually resorted to when a complaint to the traffic police has no effect, is to go to court. It is formalized as a statement of claim filed with the district court at the location of the unit on behalf of which the penalties were imposed.
Often the court agrees with the driver and cancels the fine. This is due to the fact that drivers who are firmly convinced that they are right more often resort to this method of challenging. According to statistics, up to 80-90% of fines imposed for driving on the sidewalk are cancelled.