Stopping and parking
Issues related to stopping and parking, are often the cause of misunderstanding between the driver and the road police. In the towns a violation of the rules of standing and parking is perhaps one of the most widespread violations of traffic rules - real or imaginary.
However, after making changes to the Administrative Code for traffic police officers seized the authority to confiscate license plates in order to \u0026quot;ensure the registration violations, and the severity of the problem has decreased. Because license plates removed, as a rule, it is with cars parked in violation of traffic rules, resulting in the owner for a long time to lose the opportunity to use the machine. Now this is only an administrative penalty for violation of the SDA. This, however, does not mean that the imposition of such penalties, if it is clearly wrong, you need to accept ...
Each driver must clearly know the difference between stopping and parking. According to § 1.10 SDA, bus stop - is the end of the vehicle at the time to 5 minutes or more, if necessary for the landing (landing) or passengers (un) load the goods meet the requirements of the SDA (providing the benefits of the move, meeting the requirements of the traffic controller, traffic lights, etc.). Accordingly, the park - the cessation of motion on time more than 5 minutes, for reasons not related to the landing (landing) or passengers (un) load the goods and the performance requirements of the SDA (providing the benefits of the move, meeting the requirements of the traffic controller, traffic lights, etc.) . Why do it?
The fact is that in practice there are situations when the driver is punished for parking in a place where it is prohibited, but allowed to stop. And here is the inspector who made the protocol must provide evidence that the \u0026quot;cessation of movement lasted more than 5 minutes and was not associated with loading and unloading.
In fact such evidence to provide virtually impossible, unless the car is not heaped on the door handles most snow that fell a week ago ... In contentious cases, the driver may specify in his explanations to the protocol that the stop lasted less than 5 minutes, or was connected with the loading and unloading (eg, one man stole the car a few bags for quite a long time), but because parking is not.
We must remember that the sign is \u0026quot;No Stopping\u0026quot; and \u0026quot;No Parking\u0026quot; applies only to the other side of the road on which they are installed. In the case of claims from the traffic policeman and a protocol driver must indicate in their clarification, which stood on the other side of the road, not the one marked with the symbol, and refer to the relevant provision of the SDA. List of places where stopping or parking is prohibited, as contained in the SDA, is exceptional. In all other cases, restrictions on standing or parking may be imposed only by means of traffic control - road signs or markings.
Restrictions not set SDA may be imposed by local authorities in the appropriate order in certain areas, which are marked with appropriate signs. But they do not have the right to prohibit parking on the territories of a certain type or, for example, everywhere except in protected sites, in the night.
Yet such incidents occur and, unfortunately, quite often. If the driver held accountable for such \u0026quot;violations\u0026quot;, then in his explanations, he must point out: \u0026quot;Stop (parking) was carried out ... (name the place). In this place SDA stop (parking) is not prohibited. Prohibiting the signs also available. 4.2 Article 41 of the Act states: \u0026quot;Issues of traffic and its safety are governed by rules of the road, approved by the Cabinet of Ministers of Ukraine\u0026quot;. Therefore, the establishment of any restrictions which are not under the SDA, at the local level does not meet the requirements of the law and, therefore, the requirements of Art. 19 of the Constitution of Ukraine. In addition, Art. 122 of the Administrative Code, Part 2, which provides for liability for violation of stopping and parking rules, establishes liability for violation of traffic rules precisely, and not other regulations or acts of local authorities. Requirements SDA I have not been violated. On this basis, I consider myself not guilty of committing an administrative offense.
At the trial judge should declare a motion to dismiss for lack of administrative offenses, justifying his same arguments.
A separate issue, and, moreover, very \u0026quot;sick\u0026quot; - is parking vehicles in residential areas. What\u0026#39;s particularly true in large cities, where most of the cars belonging to private owners, not provided with garages or secured parking. True, the traffic police raids to punish the violation of parking the car owners, which keep them near the house, now a rarity. But enough is another widespread phenomenon: if the car robbed or disfigured due to the police are trying to expose wrongdoing in the role of the SDA of the victim, knocking him, so at least partly responsible.
Doing this enables the formulation of the PP. \u0026quot;B\u0026quot; p.26.2 SDA, according to which the residential zone prohibits parking of vehicles outside the designated places and is the location, which complicates the movement of pedestrians and transit operations or special vehicles. The use of such a formulation allows police officers to consider parking almost anywhere in the residential area of a violation of traffic rules - and act accordingly.
Are they right in this? Let\u0026#39;s see.
Firstly, any residential area are paved areas that are specifically designed for parking of vehicles and nothing else. This is a \u0026quot;specially designated areas. Road signs are usually not marked. But the SDA and do not require that such places within residential areas were identified by means of traffic regulation. (Incidentally, the majority of paid parking lots of the Union of motorists they are not marked, too.) Because these areas parking of vehicles would be lawful.
Furthermore, that such residential zone?
P.1.10 SDA gives this definition: \u0026quot;The living area - courtyard area, as well as parts of settlements, road sign 5.31\u0026quot;. Section 5 of Annex 1 of the SDA explained: \u0026quot;Private yards marks 5.31 and 5.32 are not defined, but they are requirements of section 26 of this Regulation\u0026quot; (ie the rules of the road in a residential zone).
Policemen any territory located far from residential buildings, consider a \u0026quot;separate yards, with all ensuing consequences. But in reality it is usually not the case.
Most of the population of major cities (and not just large) living in the modern residential areas. Such arrays represent a complex web of travel (usually cutting), areas of schools, kindergartens (usually fenced), green, standing between the houses and other buildings that provide the infrastructure - health care, utilities, commercial establishments ...
Such a housing estate - no \u0026quot;yards\u0026quot;. It is - part of the settlement. She, being indicated by appropriate traffic signs (which usually does not happen), the status of residential area in accordance with the SDA does not. Here are the general rules provided for the movement in the settlements.
The architecture of these arrays is that distinguish \u0026quot;separate yard area\u0026quot; is not possible. For example: from the roadway departs entry into a residential area on one side of it - cinema building and parking lot ( \u0026quot;projection\u0026quot; of the carriageway can not separated from it), On the other - a house with situated on the ground floor shops . This yard area? No. And if it is not marked the appropriate sign, it is not residential zone.
But from the roadway departs narrow path. She passes another home, but On the other hand - the lawn, then she poured in another way - a little wider and with sidewalks, which, in turn, goes past the school ... It\u0026#39;s yards? No. In these here modern arrays there are no \u0026quot;separate yards\u0026quot; - here they are not separated from the rest, here, in fact, generally no concept of the courtyard. All such array in the complex can be regarded only as \u0026quot;part of the settlement, which becomes a residential area, only when indicated by appropriate signs ...
Therefore, in case of conflict with police over parking in a place in the explanation should write: \u0026quot;The place where I parked the car, not a residential area in the sense of § 1.10 SDA. Part of the settlement - a housing estate - is not marked with road signs \u0026quot;Residential Zone\u0026quot;. This territory is not \u0026quot;a separate yard area\u0026quot; because it did not separate from the rest of the territory inhabited file any architectural, engineering or other facilities, and to the boundary between such areas in the region impossible. For that reason, believe that the rules of traffic and parking in a residential area, I did not break. \u0026quot; You can also add that the car does not provide a place of storage, so that the park it more still nowhere.
Incidentally, the SDA is no ban on standing or parking outside of the road, for example, in the so-called \u0026quot;green zones\u0026quot;, etc. The driver parked his car in such a situation appears violator SDA only one case - if the entrance to such a territory is a sign prohibiting the movement or entry. If a car drove into a zone of the laws, and parking there will not be a violation.
On materials internet website of the international association of drivers\u0026#39; rights protection
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