Is it possible or not to park cars in the courtyard of houses under the new law?

Since January 2021, parking commercial vehicles in the yard is strictly prohibited, and violators will face a fine of one to five thousand rubles. So far, the innovation is valid only in Moscow, St. Petersburg and Sevastopol, where the most difficult situation occurs. Below we will consider what the law and traffic regulations say about this, what punishment awaits violators and how to act for residents of houses who have witnessed such arbitrariness.

Is it possible to leave a car in the yard in 2021?

Yes, you can. As we have already indicated above, today this ban is not in effect. However, the authorities authorized to issue fines for parking in the yard may not know about this or simply abuse your possible ignorance.

The paradox is that in 2021, the supposed ban on parking a car in the local area is being actively discussed. However, it was he who was canceled from March 1, 2021. And before that, the situation was even more absurd: you had the right to park your car in any other person’s yard, but in your own it was prohibited.

So, let's start looking at the chronology of the introduction of these rules.

SanPin prohibition of parking in the local area

More than 10 years ago, the Chief Sanitary Doctor of our country issued a special regulation in order to regulate the situation in the courtyards of residential buildings. This document is called SanPiN 2.1.2.2645-10.

It was in it that legislators indicated a ban on parking cars in courtyards. However, not in all cases.

• Clause 2.3 of the said SanPin regulates an exhaustive list of possible objects on the land plot of the local area, among which “guest parking of vehicles” is provided.
• And, most importantly, clause 2.10 prohibits the organization of any parking lots in the courtyard of a residential building, except for the guest ones mentioned above.
• At the same time, Article 35 (Part 3) of the Town Planning Code of the Russian Federation directly states that parking for vehicles is allowed in courtyards.

Does all this mean that parking cars near the house where we live is prohibited? In fact, the above norms of legislative acts were a long time ago and are not true today. We'll talk more about this below.

The Supreme Court banned parking in the courtyards of residential buildings - is this true?

Meanwhile, this state of affairs has been challenged more than once in Russian courts. One of the most striking and significant judicial acts is the Appeal Ruling of the Supreme Court of the Russian Federation No. APL18-470. It was there that a motorist who was fined for parking in his local area filed a complaint about the contradiction of the above-mentioned SanPin with higher-priority federal laws, including the Town Planning Code.

However, the Supreme Court clarified that there is no contradiction in this case. After all, the code only indicates the obligation to organize parking lots in courtyards. And SanPin clarifies that we are talking about guest parking.

Thus, it was still impossible to park your car in the courtyard of the house if you live in this house - that is, to use the parking lot in the mode of constant preferential use of it. This is the opinion of the high court.

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So is it possible to park the car today? New law

However, all of the above does not make significant sense in 2021.

The thing is that SanPin 2.1.2.2645-10 has lost its legal force due to the publication of a new document - SanPin 2.1.3684-21. And it was in the latter that the ban on parking cars in the courtyard of any area near residential buildings was lifted. You simply will not find such a ban in the text of the new legal act.

But there is an important nuance!

There must be at least 10 meters from the parking area to the residential building. This is already prescribed by the third SanPin number 2.2.1/2.1.1.1200-03.

Its table 7.1.1 indicates the requirements for the minimum gaps between transport storage areas and to the facilities of the structure. And for the smallest parking lots, a minimum of 10 meters is provided here.

However, these requirements relate specifically to the design of the territory during development and operation, so the likelihood of running into a fine in this case is small.

However, if suddenly a traffic police crew arrives in the yard, then do not forget to take into account section 12 of the traffic rules, which contains much more realistic traffic police fines. Please note the following requirements:

• in any case, it is prohibited to park on the sidewalk, both in the yard and on the road, unless there is a permit sign with a sign,
• also, if there is no permission sign, you can only park the car in one row parallel to the road,
• there must be at least 3 meters between the opposite edge of the roadway and your car; and, if there is a continuous marking, then up to it,
• stopping is permitted no closer than 5 meters before the intersection of roadways,
• It is also prohibited to cover road signs if they are in the yard,
• You must not block the movement and exit of other vehicles.

And now as for the roadway and the road in general in the courtyards. Many car enthusiasts believe that a yard is an area adjacent to the road. Consequently, it is not expensive in itself and does not contain them. This is an incorrect judgment, and it contradicts the opinion of the Supreme Court, which is precisely what the inspectors and lower judges are guided by.

Fine for parking in a green zone

And another important subtlety is parking on the lawn. Please note that in this case, a “lawn” is not always considered to be a layer overgrown naturally or artificially with grass or other plants. There is a more expanded interpretation here, which is contained separately in each legislative act of a constituent entity of Russia - a region or even a city. Most often, so-called “green zones” are marked on maps, and based on them, fines are issued.

The fines themselves also depend on the specific region or even city. On average, they range from 2 to 5-7 thousand rubles for citizens.

The essence of innovation

From the beginning of 2020, rules regarding parking spaces for vehicles registered to companies and entrepreneurs will come into force. Information can be found in the Order of the Ministry of Transport of the Russian Federation dated May 17, 2021. It states that the innovation concerns only a few localities of national importance, namely the capital, St. Petersburg and Sevastopol.

The ban applies to vehicles that meet the following criteria:

owner - individual entrepreneur or company.

transportation of goods or passengers on the basis of a contract.

moving within three cities or returning to them from a flight.

The law banning the parking of commercial vehicles in the courtyards of residential buildings was a response to numerous complaints from people, representatives of utility and rescue services. Drivers of such vehicles occupy empty seats or position their vehicles in such a way that they do not allow residents of nearby buildings or special vehicles (firefighters, ambulances, etc.) to pass.

The idea of ​​introducing a ban appeared back in 2021. During this time, many local bans relating to certain sites were developed. From the beginning of 2020, the rule applies to all courtyards of residential buildings, and the task of municipal authorities is to ensure compliance with the innovation. The first step was taken by residents of the capital, who provided parking outside the city. Interestingly, the ban applies to all types of commercial vehicles. This category includes trucks, taxis, buses and other vehicles. Against this background, a number of questions arise. For example, if a person is engaged in private transportation, does his car belong to the taxi category?

Is it allowed to park a car in a neighbor's or someone else's yard?

Above we have already described a rather absurd situation with the previously valid rules. According to them, you had no right to park your car in your yard. And in strangers - as much as you like.

Thus, a loophole emerged - it was enough to simply agree with the residents of neighboring houses to change places. Local government officials who came to fine negligent motorists would then be able to provide documents stating that you do not live where you parked. And a fine for parking in the yard of a house would be illegal. Of course, few people thought of this method.

But, we repeat, in 2021 you can park your car in the yard of both someone else’s and your own home. This is not prohibited by any regulation. However, there are restrictions and subtleties when you can still get a fine.

What about trucks?

In addition to the listed SanPins and codes, there is also a main document for drivers - Traffic Rules. And they still prohibit trucks with a permissible maximum weight of more than 3.5 tons from being parked in yards. This is prescribed by paragraph 17.2 of the traffic rules.

But pay attention to two important subtleties in this rule:

• we are talking specifically about parking – that is, a stop lasting more than 5 minutes; in addition, parking for more than five minutes is not considered parking if it is associated with loading/unloading cargo or boarding/disembarking passengers,
• If there are markings allowing trucks to be parked in the yard, then the ban ceases to apply.

Is it possible to warm up the engine near houses in 2021?

Yes, if it takes less than the same 5 minutes.

The same clause 17.2 of the Rules applies here, which also specifically prohibits parking with the engine running in any vehicle in residential areas, as well as in courtyard areas.

And again we go to the definition of parking and see that this is parking lasting more than 5 minutes. We mean that if you manage to warm up the engine during this time, then you are not violating anything. If you don’t make it in time, you will be fined under Part 1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 rubles.

Another question is who and how will be able to identify the fact that you have been standing with the engine warming up for more than 5 minutes. Local governments are not authorized to issue such fines. And traffic police officers detect traffic violations in courtyards very rarely.

Please also note that the exception is disembarking/embarking passengers and/or loading or unloading luggage.

Is it allowed to wash a car in yards?

No. It is forbidden. And it was always like this, unlike parking. In this case, the ban on car washing directly stems from clause 135 of SanPiN 2.1.3684-21.

However, this document does not contain an expanded interpretation of the word “washing”, therefore, the one who has the right to draw up a protocol on the relevant violation is authorized to determine the criteria for this process. This is where controversial situations arise. Of course, you are unlikely to get a fine if you simply wipe the car with a rag. But questions arise regarding dry washing, if you do not drain the water and so on.

Can I repair, fill and drain gasoline?

In the same paragraph 135 of SanPin there are separate requirements not for repairs in general, but for individual procedures. So, for 2021 in the courtyards of houses:

• it is impossible to regulate the operation of the engine,
• brake system,
• car horn.

In addition, the same clause expressly prohibits draining oil and any fuel, including diesel and gasoline. But nothing is said about refueling - which means it is not prohibited.

Results

Thus, from the beginning of 2021, entrepreneurs, taxi workers, drivers of trucks and other commercial equipment cannot abandon vehicles in the courtyards of residential buildings. You also cannot leave the vehicle if the driver lives in a nearby house. Otherwise, the violator is warned and fined in accordance with the new law. For many people, this innovation was a “breath of fresh air.” All that remains is to understand the mechanism for implementing the law, because there are no clear recommendations on the imposition and collection of fines yet.

What other prohibitions for courtyard areas according to traffic rules?

Please note a number of requirements of the Rules for residential courtyards:

• you are obliged to give way to pedestrians even within the roadway in the yard (clause 17.1 of the traffic rules), and pedestrians have the right to walk along it,
• when leaving the yard, you must also give way to pedestrians and cars, as when leaving the adjacent territory,
• In addition, the Rules prohibit through traffic and instructional driving in residential areas.

Another important requirement is clause 19.3 of the traffic rules, which obliges the driver to turn on the side lights when parking in any unlit place. Alas, if the courtyard area is not illuminated, then formally you must fulfill this requirement, otherwise a fine under Article 12.20 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 rubles. The fact that you parked the car overnight, and during this time the dimensions will drain the battery in your car, does not bother anyone.

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How government agencies solve the problem

The task of the state is not only to prohibit, but also to create conditions for the possibility of complying with regulations. Today, places are being actively created that have appropriate markings and are intended for parking trucks. They are marked with a special sign with the image of a truck in blue. At the end of 2017, transport authorities developed a law that obliges them to provide parking for trucks returning from a trip. This applies to Moscow, St. Petersburg and Sevastopol. The requirements for such places can be easily found in the Department Order issued in 2021 (mentioned above). A special feature of parking areas is their large capacity. As a rule, they have the following parameters:

length - 14-22 m

width - 3.5-5 m

departure - 5.5-12 m

Due to their size, such objects are built with a lot of “creaking” and, as a rule, are located outside the city. In addition, in the above order you can find the requirements regarding such parking:

1. Mandatory lighting taking into account the requirements of SP and SNiP.

2. Availability of technical means for organizing traffic. Compliance with current SanPiN requirements.

3. Availability of road signs and markings. Suitable road surface.

4. Fulfillment of other requirements.

According to the new law, the arrangement of such parking spaces in public areas within areas built up with multi-storey buildings is excluded. At the same time, the previous Order of the Ministry of Transport of the Russian Federation dated 2016 loses its force.

What are the fines?

Now let's look at all possible penalties for traffic violations in the courtyards.
Table of fines for violations in yards

What rules on parking gazelles came into force in 2020

Starting from January 1, 2021, amendments to the law on parking of trucks began to apply to such types of vehicles as gazelles, trucks, KamAZs and other vehicles that take up too much space on the roads. Now all drivers will be forced to leave their cars in specially designated areas. Most often, such parking is paid.

Changes in legislation mainly affected those individual entrepreneurs who leave their cars in front of the house after finishing their work shift. Most often this happens in common yards, where gazelles and other large machines interfere with the existence of other people.

It is interesting that in 2021 such rules will apply mainly in the territory of federal cities. Thus, you should especially carefully monitor the parking of large cars in Moscow, St. Petersburg and other regional centers of Russia. All drivers must leave trucks and gazelles in company parking lots or paid parking lots.