Law on off-street parking. The barrier opens

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09.07.2018, 12:05 61236 0 Assembly of Motorists

Parking near the house is a topic that can be discussed endlessly. It’s good when there is a place in the underground parking, in the parking lot near the house or near the cottage. In this case there are no problems.

This is all good, of course, but for most drivers, parking in the courtyard of a house is sometimes a task with many unknowns, especially when it comes to residential areas in large cities with houses without parking or in areas of old buildings, for example, in the center of Moscow or St. -Petersburg. In a word, about places where there is a shortage of free space, and the parking itself turns into a real puzzle similar to Tetris.

To be fair, it should be noted that State Duma deputies are discussing the adoption of a new law on parking in the courtyard of an apartment building, which would streamline the relevant issues. There is talk that it will be possible to privatize parking spaces, organize small private parking lots, and that parking a car in the courtyard of a house will become paid. However, many experts doubt that all the measures being discussed will fundamentally solve the existing problem...

What parking rules apply in the courtyards of residential buildings in 2018?

The main legislative acts regulating this area are Sanitary Norms and Rules - SanPin and Traffic Rules - Traffic Regulations.

In principle, all the rules for parking in the courtyards of residential buildings are quite logical. If you strictly follow them, you can avoid problems with residents of the lower floors and fines.

Parking rules in the yard

You can often see a picture where, with a lack of free space on the sidewalk and the absence of a lawn fencing, cars take advantage of it. In this case, you need to be prepared for a fine, which will be issued by a traffic police officer upon a call from neighbors who are “not indifferent” to nature.

Some motorists believe that this legal requirement does not apply to the winter period, when snow falls and the border of green spaces becomes invisible. They are partly right, but you need to understand that in addition to the traffic police, there are also sanitary services that can punish you for parking next to the windows.

2. You cannot leave your car near garbage containers.

This is a logical rule, because if a car is parked near garbage cans, it will greatly complicate the work of public utilities. The minimum distance to containers must be at least five meters. Moreover, the car should be positioned in such a way as not to impede the access of garbage collection vehicles. In addition, parking near garbage cans always outrages the residents of the house, who are not shy about their means of influencing a careless driver.

In any case, parking near garbage containers will cost the driver from two to five thousand rubles.

Rules regulate time continuously running engine when stopping the car in the yard - no more than five minutes. This means that you can only stop to board or disembark passengers and to load or unload cargo. This rule is especially relevant in winter, when low air temperatures force motorists to warm up the engine in the morning.

As a result, the yard is filled with the noise of running engines and clouds of exhaust gases, which naturally causes dissatisfaction among residents and calls to the traffic police with complaints. For this violation, a fine of 3 thousand rubles is provided for large cities and 1.5 thousand for other populated areas.

Traffic regulations also prohibit parking in the courtyards of residential buildings and in other places on sidewalks. True, with the caveat that if the distance for pedestrians to pass is left less than two meters. This is also a logical rule, because pedestrians also need space.

Violation of this rule entails a fine of 2 thousand rubles and may even lead to evacuation, for which the car owner will also have to pay.

5. Obstruction of the passage

One of the most common and unpleasant violations of parking rules in the courtyard of an apartment building is blocking the passage, which in turn turns into a huge problem both for other drivers and for special vehicles: ambulances, firefighters, rescuers, gas service, water utility and others.

It is difficult to name the exact amount of the fine for this violation. Everything depends on the current situation and is regulated by the Code of Administrative Offenses of the Russian Federation.

In conditions of fierce competition for free spaces, especially “smart” drivers set up personal parking spaces near their home, and often right next to the entrance to their entrance. Various auxiliary materials are used, but most often civilization comes to their aid in the form of special parking fences with locks.

However, when arranging your own personal parking space, you must understand that this is a violation, for which a fine of 5 thousand rubles is provided.

The rules provide for parking spaces for ten cars no closer than ten meters from the house, so if you park the car close to the wall or directly under the windows, get ready for a fine. Drivers of vans and other cargo vehicles will also be fined. For vehicles over 3.5 tons there are parking lots.

Arguments over parking spaces are getting louder and louder. People go to various lengths to secure this or that place in the yard, park their car as close to their entrance as possible, drive onto a lawn or even a playground in order to provide themselves with a minimum distance to move their body in space. I really don’t like all this either, so I decided to prepare material on how to force motorists to park their cars as they should, and not like Neanderthals.

For my region, the problem became relevant around 2010. Since those distant times, there have been more and more cars, and the development of automobile infrastructure in fact lags significantly behind the rate of motorization of the population. Most courtyards in today's Russia will not physically be able to accommodate the cars of all the residents of the surrounding houses. Real parking wars are breaking out. I have repeatedly seen how people are ready to fight like gladiators, just to avoid walking the extra 50 meters.

Why should parking in courtyards be organized according to the rules?

Firstly, crookedly positioned cars impede the passage of large vehicles. Garbage trucks that take out garbage in the morning (by the way), trucks, owners of large vehicles - they all suffer inconvenience. But the worst thing is that closely parked cars often do not allow ambulances and firefighters to pass.

Secondly, parking on lawns and playgrounds causes residents a lot of inconvenience. Children, while playing, bump into a car and can damage it, and those who like to park on lawns spoil the aesthetic appearance of the yard and spread dirt throughout the area.

What are the regulations for off-street parking?

Traffic rules and sanitary standards. The requirements for motorists in this case are different, but their implementation will ensure not only a comfortable existence, but will also resolve most parking conflicts. There are also various regional regulations that regulate parking issues

Sanitary standards and rules for parking in courtyards

There is a Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 N 74 (as amended on April 25, 2014) “On the introduction into force of a new edition of sanitary and epidemiological rules and regulations SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects” (Registered with the Ministry of Justice of Russia on January 25, 2008 N 109), in which in table 7.1.1. the rules for parking cars in the courtyards of residential buildings are described. According to them, car parking is located at a certain distance from the windows of a residential building. Specific data depend on the number of parking spaces. If there are less than 10 of them, then the distance to the windows should be at least 10 meters. If the parking lot accommodates from 11 to 50 cars, then at least 15 meters. 51-100 parking spaces - at least 25 meters, 101-300 cars - at least 35 meters. Parking lots that can accommodate more than 300 cars are located no closer than 50 meters from the windows of residential buildings.

Traffic rules and parking in yards. Fines for illegal parking in yards

Let's start with the most common one - parking on lawns. The Code of Administrative Offenses does not provide for fines for parking on lawns, but regional legislation does. For example, in St. Petersburg, a motorist will pay from 3,000 to 5,000 rubles for parking on a lawn. To find out the “tariffs” for lawn parking in your city, contact the city administration. You can also send a photo of the “parking king” there at the time the violation was committed, or better yet, call. Then he will be held accountable. Just don’t forget to record on video (or photograph) the violation itself, because administration employees cannot always immediately move to the scene of the incident, and the violator may go completely unpunished.

A whole bunch of violations - Article 12.28 of the Administrative Code. These are violations of traffic rules established in a residential area. Where are they registered? We look at Chapter 17 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On the Rules of the Road” (the same traffic rules): through traffic, practice driving, parking with the engine running, as well as parking of trucks with a permissible maximum weight of more than 3 are prohibited. 5 tons. But these are residential areas!!! But in paragraph 17.4 of the same resolution it is written that all these measures are also relevant for courtyard areas. In such a situation, record the violations on video/photo and call the traffic police department on duty.

What to do if your car is blocked/locked in the yard?

A driver who blocks the passage of other vehicles violates the rules for stopping or parking vehicles (Article 12.19, Part 4 of the Administrative Code), and this is a fine of up to 2,000 rubles (for Moscow and St. Petersburg - 3,000 rubles). To hold you accountable for such things, take a photo of the violation and call the traffic police duty department. But first I would recommend contacting the owner yourself. Often people block other cars, but leave their phone number. There is no need to attack from the shoulder, show tolerance.

Parking on the sidewalk in the yard. How to hold people accountable?

A sidewalk is a part of the street intended for pedestrians. Car drivers have the right to park on the sidewalk only in cases where this is permitted by the requirements of the relevant signs. In all other cases, the driver falls under clause 3 of Art. 12.19 of the Administrative Code, and this is a fine of 1,000 rubles (3,000 rubles for Moscow and St. Petersburg). To bring them to justice, take a photo and call the traffic police.

Where can I complain about off-street parking violations?

If the matter concerns violation of sanitary standards, then:

  • fire inspection;
  • district engineering service;
  • sanitary inspection;
  • environmental service.

If traffic rules were violated, then to the traffic police. In addition, at the moment it is possible to send a photograph of a recorded violation through special portals. There is also information that a special phone application will soon be created, with which you can directly send motorist violations recorded on video or photos to the traffic police.

The problem of off-street parking is becoming more and more pressing

Our authorities are trying to minimize the use of transport by residents of the country. Import duties, taxes, excise taxes on gasoline are raised, and paid parking is introduced. People are openly suppressing attempts to reach into their pockets, especially in relation to paid parking, and are clogging nearby yards with their cars, so the problem of parking in yards will become more and more pressing. In addition, not long ago there was an initiative to create a bill regulating the number of parking spaces in courtyards depending on the size of the building and the square footage of apartments. It's still being finalized, but we'll keep you posted.

The media are actively discussing that the Supreme Court banned parking for “commercial vehicles” in courtyards in 2020. Zelenograd.ru studied the regulations and found out whether this is really so, who really will not be allowed to park in the courtyards of residential buildings, and what the violation will be.

Why is the Supreme Court taking up this issue?

In 2018, citizen Teplenichev R.S. filed a lawsuit in the Supreme Court to challenge the sanitary rules for organizing parking in the yard. Residents constantly parked their cars near playgrounds, disturbed mothers with strollers, and noisily warmed up the engines in the morning. According to clauses 2.3 and 2.10 of the sanitary standards, only guest parking can be organized in courtyards, but not permanent parking.

The Supreme Court considered the case twice and rejected Teplenichev both times. The court found that guest parking near the house did not violate the laws on sanitary welfare, environmental protection and counter-terrorism. But there is no evidence that residents use them on an ongoing basis.

The Supreme Court has not prohibited anything and is not going to. He simply clarified the existing rules for off-street parking in connection with several similar requests. The Ministry of Transport is planning to ban parking for commercial vehicles.

What is prohibited?

From January 1, 2020, Order No. 199 of the Russian Ministry of Transport on parking for commercial carriers, legal entities and individual entrepreneurs will come into force. The changes will be relevant in Moscow, St. Petersburg and Sevastopol.

The order specifies the specifics of the technical organization of parking zones. It is also not allowed to create parking for the listed categories of vehicles in the courtyards. Fines and sanctions are not specified.

The concept of “parking” in this case is a special place where the driver can leave the car after finishing a shift or returning from a trip. That is, it will still be possible to stop to unload goods or wait for passengers.

It is also worth noting that the order prohibits Creation parking lots. Whether this means that the operation of existing parking lots does not apply to this order is not clear.

Who is banned?

There is no definition of “commercial transport” in the legislation. This includes: vans, special equipment, buses, dump trucks, taxis, car sharing, and so on. Essentially, this is any type of transport that is used in business activities (that is, for the purpose of making a profit). It is not clear from the order exactly which vehicles fall into the category of “commercial vehicles.”

The wording of the document is rather vague, but the name implies the conditions under which a car cannot be left in yards. Parking is not allowed for vehicles for which two points are fulfilled simultaneously:

  1. Belongs to a legal entity or individual entrepreneur
  2. Transports passengers/freight as a commercial service or for own needs

Special cases and exceptions are not discussed in the document. It is unknown who and how will check whether a particular vehicle is engaged in transportation. However, the list of vehicles that the new order concerns is formulated in such a way that any vehicle owned by a legal entity or individual entrepreneur, regardless of how it is used, falls under it.

Who will monitor execution?

In Moscow there is a mobile application “Moscow Assistant”. It allows citizens to record violations on a video camera and send them to the traffic police for consideration. Inspectors use video recordings to issue fines to violators. However, now his work is suspended due to the decision of the Supreme Court. It is expected that the Moscow Department of Transport will reconfigure the Assistant and it will be possible to use it again.

In addition, it is planned to amend the Code of Administrative Offenses () to make it possible to punish violators without drawing up a protocol if citizens film the violation on camera. Illegal parking in the yard, including commercial vehicles, is considered a violation. In February, the corresponding bill was adopted by the State Duma in the first reading, but since then has remained motionless.

What awaits violators?

The official document does not contain information about sanctions for off-street parking for commercial vehicles. It’s not even clear what it will be - just a fine or even evacuation.

Thus, although the ban on parking in yards for cars of individual entrepreneurs and legal entities will be relevant from January 1, 2020, it is not yet clear by whom and how it will be controlled.

08.11.2019

Is it possible to park a car at the entrance of a residential building - Legalists

This situation is fraught with conflicts between residents of high-rise buildings. At the same time, finding a peaceful solution is easy if you learn to negotiate with your neighbors. Read also: What is an apartment with an encumbrance? Additionally, deputies proposed a law according to which new rules would apply to paid parking areas for residents of nearby buildings.

In particular, at night they become free and can be used by everyone, including residents of nearby houses.

Presumably, regional authorities will regulate the implementation of the law, and for control they will have to create a special register that takes into account all parking spaces in the city, including those located in the local area.

Arguments over parking spaces are getting louder and louder. People go to various lengths to secure this or that place in the yard, park their car as close to their entrance as possible, drive onto a lawn or even a playground in order to provide themselves with a minimum distance to move their body in space.

I really don’t like all this either, so I decided to prepare material on how to force motorists to park their cars as they should, and not like Neanderthals. For my region, the problem became relevant around 2010.

Attention

Since those distant times, there have been more and more cars, and the development of automobile infrastructure in fact lags significantly behind the rate of motorization of the population. Most courtyards in today's Russia will not physically be able to accommodate the cars of all the residents of the surrounding houses.

Real parking wars are breaking out.

Parking a car near the house: the effect of the law in 2018

After verbally offering to move the car, company employees can calmly call a tow truck and send the car to the impound lot without breaking the law. Randomly parked vehicles make it difficult for emergency services to respond to calls as quickly as possible.

It happens that an ambulance that goes to a seriously ill patient, whose life depends on the efficiency of medical workers, is not able to overcome the obstacles of cars piled up in the wrong places.

Car parking in front of the entrance

In such a situation, record the violations on video/photo and call the traffic police department on duty. What to do if your car is blocked/locked in the yard? A driver who blocks the passage of other vehicles violates the rules of stopping or parking vehicles (Art.

12.19 part 4 of the Administrative Code), and this is a fine of up to 2,000 rubles (for Moscow and St. Petersburg - 3,000 rubles). To hold you accountable for such things, take a photo of the violation and call the traffic police duty department.

There is no need to attack from the shoulder, show tolerance. Parking on the sidewalk in the yard. How to hold people accountable? A sidewalk is a part of the street intended for pedestrians.

Current rules for parking vehicles in the courtyards of residential buildings

To do this, perform the following steps:

  • photograph and videotape violations;
  • contact a traffic police officer to visit your yard;
  • inform him about this problem and provide all photos and video materials.

After drawing up the protocol, the inspector will issue appropriate fines. Sometimes motorists violate sanitary standards; in such cases, it is also necessary to photograph and videotape the recorded violations, and then contact certain authorities.

Sometimes even a fire inspector has the right to issue a fine. This happens, for example, when a vehicle stops blocking access to a burning house. Employees of management companies can also bring information about illegal parking to the attention of inspectors. For example, in case of violation of the law on parking near garbage cans.

Basic rules for parking in the courtyards of residential buildings in 2017

The law allows residents of the house to install barriers at the entrance to the yard. This will protect them from the cars of residents and guests from neighboring buildings who could not find a place in their parking pocket.

However, the purchase and maintenance of the barrier is not included in the utility fee. Its installation can be done after a meeting of all owners and collection of signatures. Consent to the barrier must be given by 2/3 of all owners. Money for the installation and maintenance of this equipment is collected from all apartments in the building in equal shares.

What deputies want to introduce The new law was developed by Sergei Mironov’s party – “A Just Russia”. For now, the project cannot yet be called finalized, since the mechanisms of its action for houses that were built earlier and did not have a large area around are unclear.

That is why the new law is at the finalization stage.

Parking in the courtyards of residential buildings in 2017/2018: rules and restrictions

Another important point: parking for residents of a high-rise building can only be free of charge and belong to all car owners - the owners of the house. Car enthusiasts should understand that if your personal car does not bother anyone, there will be no complaints.

If you are sure that your car does not create any obstacles to traffic, but your neighbors are still unhappy, talk to them, you can find out the main complaints and try to eliminate them. Perhaps running your engine in the morning is preventing residents from getting a good night's sleep.

In this case, the solution will be a new muffler with modern, absolutely silent characteristics. And the neighbors, in turn, will be happy to meet you halfway.

The deputies' proposal is as follows:

  1. The distribution of parking spaces should be related to the area of ​​the apartment. If you have a standard one-room apartment - 33 square meters, then one place will be allocated in the local area.

    If the area of ​​the apartment exceeds 50 meters, then families will have two parking spaces.

  2. When designing, it is necessary to provide 40 places for guests if a thousand people will live in a high-rise building. If the number of residents is expected to be two thousand, then there should be 80 guest places.

This law is not perfect, since in Russia large families who have several cars can live in small-sized housing.

According to the new rules, they will be forced to leave “extra” cars in other territories. While some of the places assigned to residents of spacious apartments may be empty.

Is it possible to park a car at the entrance of a residential building?

Therefore, contractors try to get as much land as possible when designing residential buildings in order to take into account all the details. Almost all modern houses are equipped with parking in accordance with legal regulations.

But most of the old houses do not have parking spaces, since they were built in accordance with a standard design, so problems often arise with parking cars near these houses.

By contacting the above authorities, you will be able to influence unscrupulous vehicle owners who park incorrectly. However, the rules on parking rules are contained not only in this law.

There is another significant regulatory act that is well known to every vehicle owner.

Such matters are within their competence.

  • Contacting the Illegal Parking Commission
  • Unfortunately, special commissions today exist only in large cities (such as Moscow and St. Petersburg). Where to park in the yard? Some drivers are quite careless about parking their car, choosing a place that is most visible from the window or located next to the entrance and do not even think about the fact that they have violated any rules. Meanwhile, possible parking places are prescribed in the regulatory document. The law on traffic rules specifically includes a clause on parking rules in the residential sector.

Is it possible to park at the entrance of a residential building?

I have repeatedly seen how people are ready to fight like gladiators, just to avoid walking the extra 50 meters. Why should parking in courtyards be organized according to the rules? Firstly, crookedly positioned cars impede the passage of large vehicles.

Garbage trucks that take out garbage in the morning (by the way, an article about rights and responsibilities in the housing and communal services sector), trucks, owners of large vehicles - they all suffer inconvenience. But the worst thing is that closely parked cars often do not allow ambulances and firefighters to pass.