How and where to send a photo of a parking violation in Moscow?

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The law gives every citizen the right to notify authorities about the improper placement of a car that interferes with pedestrians or the passage of other vehicles. But first you need to find out the list of services in the city where you can complain about parking on the sidewalk, lawn or in other prohibited places.

Important! It makes sense to apply only if all evidence of the violation has been collected in the form of documents and videos or photographs.

Authorized organizations

Every day Muscovites have to deal with drivers who break the rules. One motorist blocks the entrance to the yard for an emergency vehicle, another parks his car at the crossing. In such a situation, any of the road users can record the fact of the violation and file a claim:

district officer;
to the local administration;
on the website of the Main Directorate for Road Safety;
to specially created commissions that deal with illegal parking.

Or use the application and send data to one of the online services:

"Angry Citizen"
"Active citizen"
"Moscow's Assistant"

FAQ

In the study of any complex situation, there comes a time when it is not possible to unambiguously interpret the rule of law. This also applies to administrative offenses regarding parking on the sidewalk. Sometimes the incorrect position of the car can be interpreted in different ways, which is why disputes arise.

Is it possible to park on the sidewalk as long as it doesn’t disturb passers-by?

It is forbidden. It doesn’t matter how the driver parked on the sidewalk, it is illegal, and the sanctions specified in Art. 12.19 Code of Administrative Offences.

When is parking on the sidewalk permitted?

The exception falls only on a car that is parked at sign 6.4 “Parking space”, as well as when the car is forced to stop with the emergency stop signal on.

Is it possible to park on the sidewalk in the yard?

Both stopping within the city and in the courtyard of a residential building are included in the list of traffic offenses. It is allowed to park vehicles in the courtyard area only if there is a sign 6.4 “Parking space” with a parking option indicated on the sign.

Additional features

The growth of motorization in large Russian cities has led to the emergence of a new type of organization that was created to provide assistance to traffic police officers. Therefore, in the capital, you can also contact the MADI service, which deals with administrative offenses, where you can send a photo of a parking violation in Moscow:

written application - in the classic form (application on paper sent by registered mail);
electronic form – to the official email.

How to report illegal parking?

There are various ways to inform the competent authorities about a violation of parking rules. This could be a phone call or personal contact.

For greater guarantee, it is necessary to record the violation. The most suitable option is photography. After this, the specified materials are sent to the authorized authority to take action against the violator. In this case, the applicant has the opportunity to learn about the results of consideration of the application.

Taking the correct photo of a parking violation

Taking photographs is the best option to record a violation of parking rules. But it must be correct. It will not be enough to remove only the vehicle itself. A panoramic photograph is required, which should reflect:

vehicle;
his state number;
parking place;
sign prohibiting parking;
date and time of the photo.

If such information is available, the photograph will be evidence of the violation.

In addition to the photograph, you must attach information about:

date and time of the offense;
the place where the illegally parked car was found;
vehicle data – make, state registration. numbers;
type of offense and the violated article of the Code of Administrative Offenses (if the applicant can provide such data).

Determining where to send a photo of a parking violation

After a violation has been recorded, the images must be sent to the authority whose competence includes taking action against violators. This is the traffic police (formerly the traffic police). It is the State Traffic Inspectorate that reviews materials on cases of non-compliance with parking rules, since they are a violation of traffic rules.

You can also file a complaint with your local administration. The submitted materials will be transferred to the traffic police for consideration.

Residents of Moscow and the Moscow region can contact the Moscow Administrative Road Inspectorate (MADI) through the Autocode resource.

We report violations of parking rules to the traffic police

You can send a complaint to the traffic police using various options. First of all, this is a personal appeal. In this case, the applicant independently brings the available materials to the traffic police and files a complaint. The appeal can be both individual and collective. The latter option most often concerns cases where car owners violate parking rules in the courtyard of a residential building.

You can also contact the traffic police remotely. To do this, you need to use the traffic police website. The algorithm of actions of the interested party will be as follows:

Login to the main page.
Select the “Services” > “Receive Requests” section.
Read and agree to the terms and conditions, click “Submit an appeal”.
Fill out the form and attach a photo of the violation.
Fill out the captcha and click “Submit request”.

In the “Text of appeal” section you can indicate:

On October 1, 2021, at about 5 p.m., at the entrance to house No. 23 on Lesnaya Street (Samara), I witnessed an offense by the driver of a LADA VAZ 2114 car with GRZ: NUMBER (A 123 AA197), who violated clause 12.1 of the traffic rules, namely drove onto the sidewalk and then parked. Photos are attached in the attached file.

Based on the above and guided by clause 3, part 1, art. 28.1 Code of Administrative Offenses of the Russian Federation, Federal Law dated May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”,

ASK:

Identify the driver who was driving the vehicle at the time indicated above and initiate proceedings against him for an administrative offense under Part 6 of Art. 12.19 Code of Administrative Offenses of the Russian Federation
Give a written response to the request at the specified postal address within the period established by law.

October 01, 2021 Ivanov I.I.

Waiting for a decision

Applications through the website are considered within the time period specified by Federal Law No. 59-FZ of May 2, 2006 and Order No. 707 of the Ministry of Internal Affairs of Russia dated September 12, 2003. It is 30 days from the date of registration of the application . The request is recorded within three days from the date of receipt. The period for consideration of a complaint may be extended, but not more than by 30 days. The applicant is notified of this.

The applicant is notified of the results of the consideration of the complaint within the specified time frame. Information about the measures taken against the violator is sent to the applicant’s email in the form of a scanned copy. Information about the stage of consideration of the complaint can be obtained by filling out the standard complaint form and indicating the registration number of the complaint.

Administrative responsibility

In an effort to free the area from illegally parked cars, service users provide tremendous assistance to traffic police inspectors. In other words, they work in close cooperation. For example, the online service “Moscow Assistant” is just over three years old, and the application has already been downloaded by more than three thousand people. During this year alone, three hundred thousand violations were reported through the portal.

Healthy! According to the State Traffic Safety Inspectorate, compared to the same period in 2017, the number of traffic accidents on the city’s roads decreased by nine percent. The indicator has been reduced, partly due to the active position of citizens.

Tip #3. Call the traffic police

A call to the traffic police will be required so that the car owner is not only fined, but also cleared the passage - for this purpose, a single emergency phone number 112 has been created. Inspectors usually go to such exits on a residual basis after an accident . Therefore, you may have to wait more than one hour. After arrival, the employees will draw up a report on the administrative violation and try to contact the owner themselves.

If this is unsuccessful, the inspector will call a tow truck - this will also take time.

If the car is towed, then the violator will not only have to pay a fine for incorrect parking, which interfered with the passage of other vehicles, but also pay for the services of a tow truck to move the car. So, in Moscow he will have to pay 3,000 rubles. for motorcycles and cars with power up to 80 hp. s., 5000 rub. - for passenger cars with a power of 80-250 hp. s., 7000 rub. - for passenger cars with an engine capacity of more than 250 hp. With. Another 1000 rub. You will have to pay for every day the car is in the impound lot.

In St. Petersburg, you will have to pay about 3 thousand rubles for car evacuation services. and about 70 rubles per hour for being in the impound lot.

You should not evacuate the car yourself, since if damage is caused, the car owner may later demand compensation. Moreover, this may be regarded as theft or hooliganism.

Rights and responsibilities of a driver when stopped by traffic police officers

Action plan

It is enough to take a photo of the car number to check whether parking has been paid for. If everything is in order, the program will report this, if not:

After fifteen minutes of waiting, you will need to additionally photograph the car from several angles through the program and record the situation around it.
Send evidence to city services, which will decide to impose a fine.

Even if the time on your smartphone is set incorrectly, the application will still display the information correctly. When the phone does not have a function for recording the place and time of shooting, recording can be done manually.

If payment is not received, the user will be asked to take a photo again or shoot a short video. When the information is accepted at the data center, the message will change to “Under consideration”, after which one of the responses will come:

the violator is fined;
claim rejected.

Reference! If earlier in court such recordings from a DVR were not considered as indisputable arguments, today everything has changed, the main thing is to take a photo through the application and the picture should be clear.

Appeal procedure

If the owner of the vehicle does not agree with the department’s decision to apply liability measures to him, he has the right to file a claim under jurisdiction in the district court. In order not to make a mistake and not to delay the appeal, it is important to find out which organization applied the penalty. To do this, you need to carefully study the fine receipt: it must indicate a code of a 12- or 20-digit number called an accrual identifier (UIN). The statement of claim states:

name of the court;
number of the act being appealed;
grounds indicating the applicant’s innocence;
applicant details and signature.

A complaint written in an arbitrary manner is attached to the statement of claim, and if the filing deadline is missed, a request for its restoration is attached. Photo and video materials (recording from the DVR) are immediately attached. The deadline provided for by law for filing an application to appeal the application of administrative measures is 10 days. The period for consideration of the complaint itself is 3 business days. It is advised to track the fact that the complaint was accepted: its recording in incoming correspondence, as well as the assignment of a serial number.

Capital know-how

Recently, in Moscow, drivers, in order to avoid paying a fine, began to remove license plates from their cars or hide them from parking signs (a portable complex in a patrol car, which is designed to detect violations of rules with subsequent automatic processing). The inspector has the right to draw up a report on the driver of a moving car with unreadable signs; for parked ones, such rules do not apply.

Despite the fact that stationary cameras have already been connected that read license plates and an “anti-terrorism” commission has been organized, within the framework of which cars can be identified by VIN number or by identification certificate, it is impossible to do without volunteer assistants to combat such violators.

Attention! The fine for such “no-number” owners is two and a half thousand rubles.

Parking in the local area - residents' rights

Parking lots in courtyards are built in accordance with sanitary standards and traffic regulations.

The entire area around the apartment building is at the common disposal of the residents. All decisions regarding the arrangement of parking lots must be made based on the results of a general vote. If 2/3 of the owners are “For”, the decision is made.

The rights of residents are supported by two documents:

Minutes of the meeting of premises owners with the decision on the arrangement of the parking lot and signatures.
A certified certificate about the area and composition of the local area.

How to get a parking space in the yard

A personal parking space can be given, sold, or rented.

In an ordinary yard it is difficult to rent or register a parking space. The owners of apartments in the building manage the adjacent territory together, on the basis of common shared ownership. None of the residents has the right to individually dispose of the yard or some part of it.

Sometimes neighbors in the yard mark their parking lots: they install blockers or tighten chains. It is illegal to do this; it is considered self-seizure of territory. Traffic police officers have the right to issue a fine of 5,000 rubles.

From the beginning of 2021, motorists can legally obtain a parking space near their home. With this law, parking spaces have become full-fledged real estate: they can be registered in the cadastral register, donated, sold, leased, bequeathed, and even left as collateral.

You must pay a tax for a legally registered parking space.

To assign a parking space to one of the residents, a general vote must be held. If two-thirds of the owners vote “For”, you can proceed to registering the land. First you need to register the selected plot, mark its boundaries, indicate its purpose and receive a cadastral number. Only then does the motorist become the owner of his own parking space.

If there is an HOA in an apartment building, it is easier to get a personal parking space. You need to find out how many parking spaces are in the yard, which of them are free and choose one of them. After this, a vote must be held at a meeting of residents.

Legal basis

You can complain about illegal parking in Moscow for the following violations:

on site for disabled people;
on the lawn or sidewalk;
second row on the roadway;
at a public transport stop;
in the yard, creating obstacles to the movement of both vehicles and people;
under the “no parking” sign and so on.

Residents continue to receive proposals to expand the functionality and add recording of absolutely any violation.

Woman against a fine for unpaid parking

Skorykh did not agree with the fine and went to court to protect her rights.

In substantiating her position, Skorykh indicated that:

she parked the car not near 3/9 on the 3rd passage of Maryina Roshcha, as ParkNet indicated, but near the neighboring high-rise building at number 5;
her car was not parked where the “Parking” and “Paid Services” signs were installed, but on the opposite side, where the parking space was not marked and not equipped, that is, in fact, she left the car in the local area.

civil position

Experts suggest that such an opportunity to be vigilant could provoke an increase in social tension in society. But the Ministry of Internal Affairs stated that mobile inspectors work confidentially (anonymously). Their names can be disclosed only if the traffic violator decides to appeal the decision in court.

Interesting! The program is designed in such a way that it is impossible to falsify data; this is one of the basic differences. That is, the material is completely protected from various corrections, any falsification and use of Photoshop will be stopped.

What about commercial vehicles?

But parking commercial vehicles in the yard is a completely different story. Commercial transport is cargo (all kinds of KAMAZs, gazelles, trucks, equipment) and passenger (minibuses, buses, taxis) transport used by legal entities or individual entrepreneurs. So, on January 1, 2021, amendments to the Requirements, approved, came into force. . In accordance with them, from January 1, 2021, it is no longer possible to park such commercial vehicles in the courtyards of residential buildings.

The creation of parking lots on public territory within the boundaries of an element of the planning structure built up with apartment buildings is not allowed (clause 4 of the Requirements, approved by Order of the Ministry of Transport No. 199).

Is it possible to park trucks in the courtyards of residential buildings? You can do it like any other commercial vehicle! Let's look at the features of the innovation and tell you why the ban is not as strict as it seems.

Firstly, it concerns cars that have returned from a flight or are parked after a work shift for overnight parking. That is, cars cannot be parked in courtyards; they must be parked in specially equipped parking lots. But if you drove into the yard to unload, say, the furniture of one of the residents, there is nothing illegal in such parking.
Secondly, the ban applies only to cities of federal significance - Moscow, St. Petersburg and Sevastopol. This rule does not apply to other cities.
Thirdly, the Order, like the Administrative Code, does not provide for any sanctions for violators. It is absolutely unclear who will monitor compliance with the requirements and how government agencies will react.

Is it possible to park a taxi in the courtyard of a residential building? Of course, but not for overnight stays. And again, if the car is used by a resident of the house to work in a taxi (without registering as an individual entrepreneur) and at the same time as personal transport, the Order is powerless - he parks it as his own, and not a commercial car. Another question is in which parking lot he parks it. If this is guest parking, then such placement is illegal. Only permanent parking, and only at a distance from a residential building!

Truck parking in a residential area

Truck, as they say, is different from truck. As for parking specifically, vehicles of this type should be divided into two categories: up to and over 3.5 tons.

Parking of freight vehicles over 3.5 tons must comply with the following rules:

directly prohibits parking in a residential area for such vehicles unless they (parking lots) are marked with special signs/markings.
In accordance with Part 1, violation of parking rules will result in a fine of 500 rubles. The same violation, but occurring in Moscow or St. Petersburg - 2,500 rubles (Part 5 of the same article).

Thus, unless parking lots are specially equipped for this type of transport, parking trucks over 3.5 tons in yards is prohibited .

With trucks with a maximum permissible weight of less than 3.5 tons, the situation is the opposite. Their parking is not regulated by separate standards, which means that such cars can be parked according to the same rules as cars.

Unloading and loading operations and personal transport of company employees

Separately, it is necessary to consider cases of stopping and parking vehicles that do not belong to residents of nearby houses, but are related to public premises (offices, shops, etc.) located in such houses.

Here it is worth talking about two types of vehicles - personal transport of employees of such public organizations and cars parked for the purpose of unloading and loading operations. With the first type everything is simple:

Personal transport of employees of companies located in a residential building must be located outside the local area.

As for work on unloading and loading products or materials, they must be carried out in compliance with the following standards:

This type of work cannot be carried out on the side of facades that have windows and entrances. Permitted in the following places:
from underground tunnels;
from highways;
through special closed landing stages.
If a public premises (attached to a residential building) has an area of less than 150 m², it is allowed not to equip special loading rooms.

We examined the requirements and possibilities for equipping parking in courtyards in terms of the weight of the car, where the owners live and parking time. We will not return to freight transport anymore. Let's move on to the parking standards for ordinary cars weighing up to 3.5 tons.

Promising project

The Ministry of Internal Affairs proposed to amend the administrative code. Using the same scheme, it was decided to create the “Wrong Parking” Application and give it full legitimacy (from the Latin “legitimus”, a legal solution to issues or situations). With its help, it will be possible to identify, among other things, serious violations:

crossing a railway crossing in an unspecified place;
driving into oncoming traffic;
running red lights and speeding;
turning or turning in violation of the requirements prescribed by road signs or roadway markings;
for not giving priority to pedestrians and special vehicles;
failure to give way to a vehicle having the right of way.

Is there a discount on the fine?

A number of administrative fines for violating traffic rules can be paid with a fifty percent discount (Administrative Code of the Russian Federation). To do this, it is necessary to fully repay the debt within a period not exceeding 20 days from the date of the sanction.

The period is calculated from the moment of issuance, and not from the date the person receives the decision on a fine for parking in the second row (clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

The Code of Administrative Offenses, which regulates leaving a car in the second row and other parking violations, is no exception. The fine can be paid at a discount if you meet the deadline.

People's Patrol

In Moscow, the issue of compliance with the rules governing the responsibilities of road users is still acute. And this despite a number of measures already taken to control the capital’s parking. Due to the high level of motorization in the capital, such cases are no longer isolated and traffic police officers are not able to control every such violation. Ordinary citizens who have every right to complain about improper parking came to their aid.

Today you can deal with violators in two clicks from your smartphone, and you don’t even have to call the state traffic police. Violations of the rules recorded using special software are accepted as official evidence and become the basis for fines.

When is it possible to cancel a parking fine?

The mode of operation of the fixing complex (manual or automatic) is of decisive importance in similar cases.

The Plenum of the Supreme Court, in Resolution No. 20 of June 25, 2021, clarified the concept of “automatic complex” and explained what to do if the filming was carried out using a telephone, video camera or video recorder: in this case, the standard procedure for bringing to justice applies. A “letter of happiness” cannot come automatically.

Established judicial practice has established that ParkNet is not a special technical device, since it does not make measurements, but performs the functions of a photographic means.

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Is this kind of parking allowed?

The traffic rules state that drivers have the right to place their vehicles on the right side of the road in one row. Placing in two or more rows is an administrative offense that entails a fine.

What does the traffic regulations say?

Section 12 of the traffic rules deals with the issue of parking. It sets the following requirements for drivers:

Parking place - the right shoulder or side of the roadway no closer than 3 meters to the dividing strip.
Placing a car on the left is allowed only within populated areas if there is one lane, one-way traffic and in the absence of tram rails. Trucks may only park in this manner for loading and unloading purposes.
Only single-row placement is allowed. The vehicle body must be parallel to the side of the road. An exception when two-row placement is allowed is two-wheeled vehicles without a trailer.

Parking in the second row is prohibited due to the fact that the stopped car:

will narrow the roadway and impede the passage of other vehicles;
will block the passage of a car parked in the first row.

Nuances

On the one hand, parking rules are mandatory for everyone, since their violation can lead to serious consequences. Leaving a car when it actually remains in the second row violates the rights not only of passers-by, but also of persons who left their vehicle near the side of the road, without violating traffic rules.

One of the nuances is that some services, in emergency situations, have the right to break the rules. For example, an ambulance or fire service can leave special vehicles anywhere, since a different procedure could cost people’s lives and the safety of property.

It is important to always remember about a forced stop. In some cases, it is impossible to park the car anywhere other than in the second row. But this does not mean that if there is no other parking place, you can stop this way. This means that you can temporarily park the car if the passage is blocked or, for example, the driver suddenly becomes ill.

Is it possible to avoid a fine?

It is possible to avoid punishment only in one case – the stop was forced and the driver managed to prove this fact. To confirm your actions, you must refer to the impossibility of continuing movement and the driver’s performance of all necessary actions to ensure the safety of other road users.

Another opportunity to redirect a fine is to prove that at that moment it was not the car owner himself who was driving, but another driver (if the violation was automatically recorded). To confirm this fact, witness testimony, tickets to another city or sick leave may be required.