What is the penalty for driving on the sidewalk?
The fine for driving on the sidewalk in 2019
Driving a car on the sidewalk is considered a serious violation of traffic rules, as this can result in a collision with a pedestrian. What does a driver face for such actions, and what is the fine for driving on the sidewalk in 2019? What other measures are taken against the driver for this violation?
What is a sidewalk
Before moving on to the issues of sanctions imposed on the driver for driving in the wrong place, it is necessary to clarify how to distinguish the sidewalk from the road and what types of vehicles are still allowed to enter the pedestrian path. Traffic regulations give the following definition to the concept of “sidewalk”: it is an element of the road within which pedestrians are allowed to move. This area can be located either adjacent to the roadway or bicycle lane, or there is a lawn between them.
Despite the fact that, according to their purpose, a pedestrian path and a sidewalk according to traffic rules are the same thing, there are still differences between them. A pedestrian path is not an element of the road; it is a strip of land or an artificial structure specially equipped for the movement of pedestrians, which can be located away from the roadway. Pedestrian paths are located in parks, inter-house areas, and squares.
Often, driver violations are due to the fact that they do not see the difference between the sidewalk and the adjacent territory, called the shoulder. The shoulder is, like the sidewalk, an element of the road adjacent to the roadway, located at the same level and highlighted either by markings or distinguished by a different coating. Thus, there are differences - the sidewalk, or the surrounding area:
- located at the same level with the roadway;
- has a different coating or special markings;
- does not have a dividing lawn;
- not intended for human traffic.
Traffic regulations on the sidewalk allow not only people on foot. In some cases, and for a certain category of vehicles, movement along the pedestrian path is also not prohibited.
In what cases is driving allowed?
A fine for driving or parking in a pedestrian zone is not always issued. Sometimes it is allowed to park vehicles on the edge of the sidewalk. You can park your car if there is a sign permitting parking and a sign indicating the position of the vehicle in relation to the sidewalk. In other cases, the violator faces a fine for parking in the wrong place.
Sometimes, in an organized parking area, the dividing curb is too high and because of this it turns out to be insurmountable for cars with low clearance. In such circumstances, car owners drive onto the sidewalk in another place where a lower curb is installed, and then move along the sidewalk to the parking area. In these areas, traffic police officers are loyal to driving on the sidewalk and do not impose sanctions.
Are vehicles allowed on sidewalks or walkways in other circumstances? Indeed, traffic police inspectors should not impose sanctions on drivers who drive onto the sidewalk for the following purposes:
- unload goods at the point of sale;
- get to your own home.
Thus, for those entrepreneurs who do not know whether it is possible to drive onto the sidewalk to unload goods into a store, the answer is definitely positive. If a driver entered a pedestrian zone for one of the reasons listed above, and was stopped by a traffic police officer, you just need to clarify the situation. If the inspector nevertheless issues a fine, this is unlawful, such actions of a representative of a law enforcement agency can be challenged. Special equipment of municipal and road services is also not prohibited from moving through the pedestrian zone.
Riding a bicycle on the sidewalk is also not prohibited; if there is no bicycle lane on the road, it is impossible for a cyclist to ride on the right side of the roadway or on the side of the road. But if, when riding on a pedestrian path, a cyclist interferes with persons traveling on foot, he must dismount and continue moving as a pedestrian.
Fine for driving on a pedestrian path
Crime statistics show that drivers most often drive on the sidewalk when trying to avoid traffic congestion. The punishment for driving on the sidewalk usually involves monetary penalties. Rule violators, before committing an illegal act, should know what fine the traffic police inspectors can impose for driving on the sidewalk in 2019. According to the Administrative Code, the fine is 2 thousand rubles.
If a car owner parks a vehicle on the sidewalk, this is also punishable by law. The violator is fined for parking on the sidewalk; its amount is 1.5 thousand rubles. For the same violation, but in Moscow and St. Petersburg, the driver will lose 3 thousand rubles in the form of a fine.
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As mentioned earlier, riding a bicycle on the sidewalk is only allowed in certain cases. The fine for riding a bicycle on the sidewalk is 800 rubles. But practice shows that cyclists are rarely fined for such actions. Traffic police inspectors are extremely loyal to cyclists riding on the sidewalk.
Any protocol on the imposition of a fine can be appealed. This can be done by writing a complaint to the traffic police or filing a statement of claim in court. You can appeal an unfair punishment within 10 days from the date of registration of the protocol.
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Fine for driving on the sidewalk in a car
No one will argue that drivers who avoid traffic jams on sidewalks deserve fines, because such behavior is not only impolite towards other road users, but also dangerous. However, not all driving on the sidewalk deserves administrative punishment. In what cases is driving on the sidewalk prohibited and in what cases is it allowed, and how to distinguish the sidewalk from other elements of the road, you will learn from this article.
Sidewalk, curb or adjacent area?
Before you find out what the fine for driving on the sidewalk in a car is for violators in 2018, you should understand what a sidewalk is. After all, drivers often unknowingly violate traffic rules, confusing the sidewalk with the curb or local area. This is not surprising, because the concepts overlap in many ways:
“A sidewalk is an element of a road intended for pedestrian traffic and adjacent to the roadway or bicycle path or separated from them by a lawn.”
“The shoulder is an element of the road adjacent directly to the roadway at the same level with it, differing in the type of surface or highlighted using markings 1.2.1 or 1.2.2, used for driving, stopping and parking in accordance with the Rules.”
Based on these definitions of traffic rules, the main differences between the shoulder and the sidewalk are that the shoulder:
Located on the same level as the roadway
It differs in the type of coating or has markings 1.2.1/1.2.2
Not separated from the roadway by a lawn
Not intended for pedestrian traffic
Usually the sidewalk is raised above the roadway or separated from it by a lawn, but in practice it may be no different from the curb.
A wide sidewalk, separated from the roadway by a lawn, can easily be confused with the adjacent territory where vehicle traffic is permitted.
“Adjacent territory is the territory directly adjacent to the road and not intended for through traffic of vehicles (yards, residential areas, parking lots, gas stations, enterprises, etc.).”
When is it okay to drive on the sidewalk and when is it not?
According to clause 9.9 of the traffic rules, vehicle traffic on sidewalks is prohibited.
“The movement of vehicles on dividing strips and shoulders, sidewalks and pedestrian paths is prohibited (except for the cases provided for in paragraphs 12.1... of the Rules).”
Important: clause 12.1 of the traffic rules allows passenger cars to park on the edge of the sidewalk if there is sign 6.4 “Parking location” and signs 8.4.7, 8.6.2, 8.6.3, 8.6.6 - 8.6.9 “Method of parking a vehicle.”
There are often cases when the curb in the permitted parking area on the edge of the sidewalk turns out to be insurmountable for cars with low clearance, and drivers have to drive onto the sidewalk, where the curb is lower, and move along it to the parking lot. In such situations, traffic police officers usually meet drivers halfway and do not issue fines.
Also, based on clause 9.9 of the traffic rules, movement on sidewalks is permitted for vehicles:
utilities and road services;
delivering goods to objects located near the sidewalks, if no other access to them is possible.
“The movement of vehicles of road maintenance and utility services is allowed, as well as access along the shortest route for vehicles delivering cargo to trade and other enterprises and facilities located directly next to the roadsides, sidewalks or pedestrian paths, in the absence of other access options. At the same time, traffic safety must be ensured.”
Fine for driving on the sidewalk for cars
The fine for driving on the sidewalk is specified in Part 2 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation and amounts to 2000 rubles:
“Driving on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules shall entail the imposition of an administrative fine in the amount of two thousand rubles.”
Important: According to Part 1.3 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation, this fine can be paid in the amount of half of its amount within the first 20 days after the decision on the violation is issued.
You can appeal an unfairly issued fine in court no later than 10 days after the decision on the offense was issued.
If you are not sure that you can independently protect your rights in court, seek help from an auto lawyer. A specialist will help you properly build a defense and prove your innocence.
What is the fine for driving on the sidewalk?
What is the fine for driving a car on the sidewalk in 2019? What is a sidewalk in traffic regulations? When is it legal to drive on the sidewalk? The differences between the sidewalk and the green area.
Fine for driving a car on the sidewalk in 2019
Article 12.15.2 of the Code of Administrative Offenses of the Russian Federation
Quick answer to the question:
A sidewalk, in contrast to the “roadway” and “sidewalk”, is a part of the street intended exclusively for the movement of pedestrians. By law, cars are not allowed to drive there at all, except in rare cases. The fine for driving on the sidewalk in 2019 is 2,000 rubles. For parking another 1000 rubles. With a 50% discount 1000 rubles and 500 rubles. respectively. But in the capitals it is even more expensive. You can appeal a fine for driving and parking on the sidewalk in the magistrate's court at the place where the alleged traffic violation was committed. More details below.
What do they write in the Russian Traffic Regulations?
“ Sidewalk ” is an element of the road intended for pedestrian traffic and adjacent to the roadway or bicycle path or separated from them by a lawn. (Author’s note – most often raised above the road and separated by curbs)
It is important not to confuse sidewalk and curb
“ Shoulder ” is an element of the road adjacent directly to the roadway at the same level with it, differing in the type of surface or marked out using markings 1.2, used for driving, stopping and parking in accordance with the Rules.
From a comparison of the definitions of sidewalk and curb, it follows that on the side of the road, under certain conditions, cars are allowed to move and stop, but not on the sidewalk.
The fine for driving a car on the sidewalk in 2019 is 2,000 rubles.
(12.15.2 Code of Administrative Offenses of the Russian Federation) The fine for stopping a car on the sidewalk in 2019 is 1000/3000 rubles. (12.19.3 Code of Administrative Offenses of the Russian Federation)
Article 12.15.2 of the Code of Administrative Offenses of the Russian Federation
Driving on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules - entails the imposition of an administrative fine in the amount of two thousand rubles.
Article 12.19.3 of the Code of Administrative Offenses of the Russian Federation
Violation of the rules for stopping or parking vehicles entails a warning or the imposition of an administrative fine in the amount of 1000 rubles. for the Russian Federation and 3000 rubles for Moscow and St. Petersburg.
Exception: When is it legal to drive on the sidewalk?
- Special services vehicles - emergency services, ambulances and firefighters - can move along the sidewalk.
- Vehicles involved in unloading goods into stores can drive on the sidewalk.
- Regular cars can drive on the sidewalks if for some reason other entrances to the house are blocked.
Table of traffic police fines for violating traffic rules on the sidewalk
Type of offense on the sidewalk
Punishment
Article of the Administrative Code
Driving on the sidewalk in a car
A fine of 2000 rubles .
Article 12.15 of the Code of Administrative Offenses of the Russian Federation, part 2
Stopping on the sidewalk
Fine 1000 rubles (RF) 3000 rubles. (MSK/SPB) + usually 2000 rubles for driving on the sidewalk.
Article 12.19 of the Code of Administrative Offenses of the Russian Federation, part 3
Pedestrian hit on sidewalk (minor injury)
Fine from 2,500 to 5,000 rubles . or deprivation of rights for up to 1.5 years.
Article 12.7 of the Code of Administrative Offenses of the Russian Federation, part 1
Pedestrian hit on sidewalk (moderate injury)
Fine from 10,000 to 20,000 rubles . or deprivation of rights for up to 2 years.
Article 12.7 of the Code of Administrative Offenses of the Russian Federation, part 2
Pedestrian hit on sidewalk (death/severe injury)
Up to 4 years in prison
Article 264 of the Criminal Code of the Russian Federation
Fine for parking on the sidewalk in the yard in 2019
Is it possible to park on the sidewalk in a city yard or is there a fine?
For parking on the sidewalk in the yard, a motorist may be fined by the traffic police in the amount of 1000/3000 rubles. according to article of the Code of Administrative Offenses of the Russian Federation 12.19.3. It is believed that this is not entirely legal, but this is the reality.
You won't be able to find a definitive answer to this question on the Internet. There is a legal conflict with parking on the sidewalk in the yard in Russia. There are several laws, regulations and rules that contradict each other. The fact is that, according to the definition of a “sidewalk” in the traffic rules, it must be adjacent to the road, and if it is not adjacent, then it is not a sidewalk but an “adjacent territory/residential area.” However, in the definition of “traffic in residential areas,” the concept of “sidewalk” appears from somewhere, although according to the definition of “sidewalk,” there must be a road next to it, which is not always the case in a residential area.
The problem is also that for cities, as a rule, there are no uniform databases indicating the specific affiliation of a particular territory. Layers of construction sites, remnants of reflections, curbs and pieces of asphalt turn the punishment of drivers who parked their cars in the yard into a quest or lottery.
Another aspect is related to the form of ownership in which the land around the house is located. Most often, this is the collective property of the residents of the building in which motorists live. It follows from this that the fine for illegal parking on the sidewalk in the yard is approximately equal in meaning to the fine for illegal parking in the garden of a village house.
Fine for parking in a green zone in the yard in 2019
When parking in the yard, motorists also risk receiving a fine for parking in a green zone. Moreover, from the point of view of employees of local administrations and the traffic police, a green zone can be a vacant lot, a concrete slab covered with sand, or even a piece of asphalt.
The fact is that whether a particular surface of the yard belongs to a green zone is determined based on the development and improvement plans, which are often 20-30 years old. Officials care little about the difference between actual landscaping in yards and in plans. There was supposed to be a lawn here and now it’s a vacant lot? All the same, a fine is issued for the green zone in the yard.
The fine for parking in a green zone in a street varies depending on the city and varies between 500 -5000 rubles. for individuals.
Driving on the sidewalk: fine for violation in 2019
Driving on the sidewalk is a violation of traffic rules according to the Code of Administrative Offenses of the Russian Federation, since this area of the road is intended for the movement of people on foot. The most common cases of neglect of this rule can be found in large cities with high traffic, as well as in residential areas. As a rule, in such places, an offense is committed forcedly due to a lack of parking spaces for cars and a narrow roadway. But, be that as it may, it is worth remembering that these actions are prohibited from the point of view of the law and are punishable by a fine.
Who is prohibited from driving on the sidewalk?
It is worth noting that driving on the sidewalk is prohibited not only for cars, but also for other ground vehicles. In turn, the following vehicles are not allowed to move along alleys, pedestrian paths and sidewalks:
- Motorcycles;
- Mopeds;
- Motor scooters;
- Scooters;
- Tracked vehicles;
- Electric vehicles;
- Tractors;
- Trucks;
- ATVs and tricycles;
- And other transport.
A driver driving any of the listed vehicles on the sidewalks can be prosecuted under Article 12.15 of the Code of Administrative Offenses and fined 2 thousand rubles .
However, cyclists are included in a special category. If their movement area is not marked with special permitting signs in accordance with traffic regulations, then they are similarly treated as violators. However, the fine for riding a bicycle on the sidewalk will be less and amount to 800 rubles .
If owners of two-wheeled vehicles drive them along a pedestrian zone in their hands, then they are treated as pedestrians and the prohibition does not apply to them.
When is it legal to drive on the sidewalk?
Despite the existing prohibition, the law specifies cases that constitute an exception. In a number of circumstances, driving on the sidewalk is permitted:
- When a truck approaches a store, retail outlet or other place for unloading and loading of goods. If an important condition is met, there is no other way to get to your destination.
- Official vehicles are allowed to move and stop on sidewalks and pedestrian areas if they are currently carrying out repair or cleaning work in the area.
- If it is not possible to get to a building or other specific location. For example, to a parking space in the courtyard of an apartment complex.
By bike:
- If the right edge of the roadway and the shoulder are not intended for cycling;
- In cases where an adult on a bicycle accompanies a child cyclist under 7 years of age;
- The cyclist is a child between 7 and 14 years of age;
- If a child under 7 years of age is transported on an additional bicycle seat or a trailer attached to it.
But in all other cases the driver risks being fined.
Driving on the sidewalk: what is the fine?
In turn, penalties are imposed on the basis of violation of the requirements of Russian legislation. In particular, the general provisions of the traffic rules provide a precise definition of places that are not intended for vehicles to move through them:
- Footpath;
- Bicycle path;
- Pedestrian zone;
- Sidewalk.
And paragraph 2 of Article 12.15 of the Code of Administrative Offenses establishes punishment for violating these traffic rules in the form of a fine. Its size is 2 thousand rubles .
Cyclists are subject to a separate article of the code. Thus, according to paragraph 2 of Article 12.29, for violating traffic rules they are punished with a fine of 800 rubles . If a cyclist committed a violation while under the influence of alcohol or drugs, then the fine can range from 1 to 1.5 thousand rubles . What does paragraph 3 of the same article stipulate? A similar punishment will follow if the traffic violation resulted in harm to other road users. What is recorded in Article 12.30 of the Administrative Code.
It is worth noting that the driver of any vehicle, including a bicycle, can take advantage of a grace period to pay the fine. If the payment is made within 20 days after the offense, then it will cost half of the amount established by law.
How is a violation detected?
So, driving on the sidewalk is the same traffic violation as speeding, running a red light, or any other. This means that recording illegal actions can be done in two main ways:
1. A traffic police officer.
In this case, the inspector visually determines the fact of the offense and stops the driver of the vehicle immediately after it has been committed. And then he draws up a protocol.
2. By means of photo and video recording.
In such situations, the actions are filmed using special equipment and then sent to the traffic police. The owner of the vehicle is later informed via mail notification or online using specialized services.
However, with the development of technical means and their availability to a wide audience, recording traffic violations can be carried out directly by pedestrians or other drivers, as well as activist groups and “fighters against auto-hammers.” Shootings like this should not be underestimated. After all, on the basis of these materials, drivers may well be brought to administrative responsibility. If the video clearly shows the moment of the violation, the vehicle and its registration plates, then this is enough to draw up a protocol. And, often, “respectable citizens” do not hesitate to contact traffic police departments to provide the collected information.
Is it possible to challenge a fine?
Of course, not every traffic violation protocol takes into account the true intentions of the car owner, as well as the current situation. Therefore, any citizen can challenge the decision made on it. To do this, you must file a complaint within 10 days with one of the following authorities:
- The head of the traffic police department, whose inspector made the decision;
- The higher-level department of the traffic police, which is subordinate to the territorial;
- District Court;
As arguments to defend his point of view, the vehicle owner can indicate:
- Facts confirming the impossibility of traveling in another way;
- Evidence that he or his vehicle is located in another place;
- Refer to the lack of road signs or markings indicating the pedestrian zone.
Conclusion.
So, when moving along the roadway in a car or other vehicle, you should not drive beyond its boundaries. Because driving on the sidewalk and other pedestrian areas is an administrative offense. For this, in accordance with the Code of Administrative Offences, motorists are liable for a fine of 2 thousand rubles, and cyclists - 800 rubles. If, as a result of driving in a pedestrian zone, there is a collision with a person causing him harm, then the sanctions will be much stricter, including criminal liability.
Fine for driving on the sidewalk in 2019
Driving on the sidewalk is a violation of traffic rules, which is most often recorded in cities with high traffic volumes or residential areas where there is some problem with parking spaces. Motorists must clearly understand that such actions are prohibited due to the fact that they create obstacles to the movement of other persons and official vehicles, and they can also provoke an accident or death.
When can you drive on the sidewalk?
Many drivers, considering the issue of driving onto the sidewalk and the inevitability of such an action, wonder whether such an action is a violation and in what cases it will be possible to avoid punishment. They will not be held liable in the following cases:
- If there is a need for a truck to drive in reverse to load and unload goods at a retail outlet, supermarket or other company or organization. In this case, it is worth considering that there must be one significant condition - there must be no other entrances to this place;
- It is allowed for an official repair service vehicle to be on the sidewalk if they are currently present there due to work being performed;
- If there is a need to access a building, structure or any other place, provided that there is no other way to get there. In this case, the motorist must be especially careful, since the set speed must be maintained so as not to run into a pedestrian or road users who are riding a bicycle on the sidewalk.
Bearing responsibility
If a motorist has committed such a violation for the first time, he has the opportunity to pay only half of the fine issued to him. To do this, you must pay it within 20 days.
Read: What is the liability for hitting a cyclist?
Often, the recording of an offense is carried out by road users themselves - pedestrians who provide evidence of this fact. In order to hold the driver accountable, it is enough to record the moment of traffic violation by means of photography or video filming and transmit the information either during a personal visit to the nearest traffic police department, or by leaving a completed application form on the official website of the organization. At the same time, it is important that the fact of passing or stopping on the sidewalk, the appearance of the car and the license plate number are clearly captured. Only in this way, after considering the appeal, traffic police officers will be able to identify the car, determine the owner of the vehicle and bring him to justice.
Challenging a fine
In order to be able to protest it in a situation where a violation has been recorded against a driver, but he is confident of his innocence, there is a certain period of time - 10 days. When challenging a fine, a motorist can make the following arguments:
- He had no opportunity to travel any other way;
- The motorist has evidence that at the time the violation was recorded, the car was in a completely different place;
- At the place where the violation was recorded, there are no signs indicating the pedestrian zone and its distinctive elements - a curb or a green zone.
So, driving along the sidewalk in a vehicle while driving a car threatens the driver with prosecution and a fine of 2 thousand rubles. It is permissible to avoid punishment only if the driver proves that he had no other way to get through.