Now every second person has a driver’s license, different categories of people drive a vehicle, and for each category separate legal actions are provided in the world of driving. All drivers must know their rights and obligations, for example, that a parking place for disabled people is allocated only to people with disabilities, which is confirmed by the relevant documents. So, almost all drivers are faced with a situation where the traffic police are checking the documentation or trying to write a fine for improper parking. Often fines are associated with parking lots for people with disabilities. How to appeal a parking ticket for a disabled place?
Disabled parking rules
How to be prepared for the most unforeseen situations during parking in places for disabled people? In order to objectively understand this, each driver must have knowledge of the purpose of such a parking. And also he is obliged to know how many places parking for disabled people involves. To do this, you need to study some of the basics of legislation.
The Government of the Russian Federation has created certain requirements for the organization of a parking space for people with disabilities. So, according to the Federal Law “On the Social Protection of Persons with Disabilities in the Russian Federation”, a person with disabilities has the right to use the parking lot for free. That is, in infrastructure places there should be at least 10% of the allocated places for people with disabilities. In addition, a parking permit applies only to disabled people of groups I and II.
Disabled parking space, dimensions
Such a site, as a rule, stands out in appearance, it is difficult not to notice it. Properly designed parking includes a sign and more free distance. The marking of places for the disabled in the parking lot is marked with the sign "Disabled", and the parking lot itself is larger than usual by 3.5 meters.
Abroad have made parking for special people more marked. Sometimes a place for disabled people in a parking lot abroad is painted with the same sign that is present on the sticker. In Russia, it is very rare to find a shaded parking space, which helps many drivers who are not persons with disabilities to refute the penalty for such a parking, indicating distracting factors when driving on vehicles.
Important reasons to allow parking
The rules of the road provide an opportunity for parking a car or a carriage in the event that this part of the site is indicated by two signs 6.4. and 8.17, which means parking for the disabled is located in this territory. And the driver’s own car must have the identification sticker “disabled person” attached.
Although this is not at all necessary. When parked in an appropriate place, the driver must be prepared to present disability documents. Otherwise, a fine is inevitable, because everyone can attach a sticker, evidence is needed in the form of a certificate or certificate.
In addition to all of the above, it is important to remember that a driver who does not have a disability, but who carries a person with disabilities in the interior of his car, also has the right to park in such a parking lot. But the one whom he transports must be ready at any time to provide a document confirming I or II disability group.
How much can be the amount of the fine
Can a penalty be avoided? Not all people with disabilities know their rights in full, and often relatives of children with disabilities who don’t know the possibility of parking at a site for people with disabilities occupy ordinary parking spaces. And it happens that drivers are not confident enough, they get a fine for parking in the appointed place and are afraid to challenge the prosecution. So, if the usual fine for parking in the wrong place is 1000 rubles and higher, then the fine for parking at a place for a disabled person will be 5000 rubles and higher. Agree that this amount is worth trying to avoid punishment. To do this, you need a certain action plan.
If there is a sticker but no documents
When a driver simply has a sticker meaning that he is disabled or is transporting a person with disabilities, this does not mean that he has the right to stop at such a place. The absence of documents is regarded as an offense and threatens with financial losses. In this case, it will be difficult to refute the current situation. If documents were mistakenly left at home and could be presented by relatives or friends in the process of issuing a fine, then punishment can be avoided. Otherwise, you have to pay it in full. This suggests that the sticker means nothing to the traffic police. It only reduces the sidelong glances of nearby parking drivers.
Penalty on-site behavior
How to appeal a parking ticket at a place of a disabled person? Consider what to do when the traffic police still found you in the car and begin to write a fine:
- Immediately disagree with the protocol (file a statement to the court).
- Get ready to collect supporting evidence of innocence in the wrong parking lot. This can be witnesses, photos of the absence of signs, videos from the scene of the violation, etc.
If the place of the sign for the disabled in the parking lot is really uncomfortable, but you have committed a violation, the punishment will be mitigated. The amount of the fine may be half as much.
Actions during the evacuation of vehicles
What to do if your vehicle has already been evacuated:
- First of all, you need to go to the traffic police, and not to the parking lot to check the lawfulness of the actions of the police, since at the moment there are too many frauds associated with the evacuation of cars that are not connected with the traffic police.
- Then you need to start searching for your car using the evacuation service.
- Submit a complaint to challenge the parking ticket for disabled people. Remember the most important thing - you can appeal the fine within 30 days from the moment the traffic police compiled the protocol.
How the complaint should be made
The sample complaint is very simple, and it would be better to have it with you, as well as A4 replacement sheets, on which it can be drawn up in case of gaining space for disabled people in the parking lot.
The complaint consists of several points:
- Hat: the name of the driver, address of residence, phone number is registered.
- Description of complaint: the date of issuance of the decision and the number of the decision (located at the very top, for example, No. 188 ...) are copied, the reason why the fine is illegal is described.
- Documents confirming innocence are attached to the complaint (photo or video of the absence of signs, their incorrect location, written evidence).
- Copy of the decision.
- Signature and date of complaint.
Correctly filed complaints must be sent to a court or law enforcement authorities.
What to do after the application
It must be borne in mind that the consideration of this case can take up to two weeks. After this, the violator can be summoned to court. Be sure to personally attend the meeting and remain calm when calling to answer. It is important to remember that every word should be thought out, so you should answer slowly. But do not use any sedatives.If there were witnesses nearby at the time of parking, it would be right to invite them to the hall, if evidence is needed, it is always extremely important to provide them.
Small conclusions on the article
Most often, citizens manage to avoid the penalty for parking on site for disabled people, if you provide all the documents and thoroughly approach this issue. Therefore, it is worth defending your rights, otherwise you will often have to invest a significant amount in the state budget. But, of course, it is better to remember that the existing allocated parking places for disabled people are created specifically for people with disabilities.
Currently, such parking is protected by the state, the authorities are actively fighting offenders, which are actually enough. Even special signs have been developed that affect the consciousness and conscience of drivers who violate their duties. And to be more careful, you can see that some places for disabled people in the parking lot already have such inscriptions. For example, the inscription on one of the parking lots: "Took my place - take it away and illness." Such expressions are fair in relation to violators. But will they be effective?