What is it for and where is it applied?
First of all, you need to decide what the words “semicircular markings” generally mean. Usually this term means the following things:
- In parking areas – beginning and end of paid parking. The markings in this case indicate the direction and angle of the turn.
- On street and road areas – adjoining the entrance or exit to the local area, as well as the intersection of streets and turns.
A semicircle is drawn in the adjacent zone - an area that is located close to the road, but is not itself a road and is not intended for through traffic. Such areas are primarily parking lots, gas stations, courtyards near houses, etc.
At the same time, you need to remember that in the adjacent area there may be a roadway - but there may not be one. These are two fundamentally different situations that you need to remember when parking your car.
Parking in Moscow markings is it possible to stand on a semi-truck?
What is it? In order to answer the question of what a semicircular marking is, let us turn to the Rules of the Road.
Thus, part 12.4 of the traffic rules states that it is forbidden to leave a car at points where it will in one way or another interfere with other road users. Stopping the car in this place a priori implies a worsening of the situation for other drivers.
Actually, the traffic rules contain two answers at once, let’s consider them in more detail:
- in paid parking lots it is used to indicate the turning point of the car;
- in residential areas, a semicircle is needed to mark turns on the roadway and to mark the adjacent territory.
It is also very important to know about such a concept as adjacent territory.
Infrastructure of parking spaces The “Moscow Parking Space” project is designed to optimize street and road space and ensure the free movement of pedestrians and moving vehicles through the use of technological, information, and organizational means of administering the parking space of the city of Moscow.
Information system - information boards:
- “You are entering a paid parking zone” - at each entrance to a paid zone;
Is it possible to park on semicircular markings?
It is officially believed that parking a car where a semicircle is marked is prohibited . This is due to the fact that clause 12.4 of the traffic rules directly prohibits stopping and especially parking (parking) where the car will become an obstacle to other road users on the road, that is:
- interferes with entry and exit to the adjacent territory;
- obstructs the view of signs or traffic lights.
Therefore, a driver who parks a car in a semicircle often faces punishment. The semicircle in this situation acts as a designation of the end of the paid parking zone.
The traffic rules contain clause 1.2, which defines the adjacent territory and roadway. If there is a roadway intended for traffic in the adjacent territory, then, according to clause 12.4, parking on the road with an junction closer than 5 m from the edge of the intersection is prohibited . But if there is no roadway there, then formally parking in a semicircle will not be a violation. Moreover, in some places in Moscow the length of the semicircular zone can reach 10 m - which is much more than the size stipulated by the traffic regulations.
Unfortunately, as of 2021, this contradiction between the traffic rules has not yet been resolved - and the semicircular marking itself is not indicated in the Rules. Therefore, there are often situations when, in the same place, a car left in a semicircle will not be paid attention today, but tomorrow it will be taken to the impound lot. But at the same time, this often gives the driver the opportunity to appeal the fine imposed on him.
However, when choosing a parking place, you need to monitor whether the car is interfering with other drivers - and whether there are any prohibiting signs.
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- Is it possible to park in a semicircle?
- Marking “Semicircle” - designation in traffic regulations
- Is parking allowed or not
- Paid parking zone
- Is there a penalty for this
Read more: Is it possible to stop under a no parking sign?
One of the biggest problems of modern drivers is finding a parking space, especially when it comes to megacities like Moscow or St. Petersburg. It happens that a tow truck takes a car away even from a paid zone. We'll look at why this happens later in the article.
Penalty for stopping and parking on a semicircle
If the car is parked directly on a semicircular marking, the driver may face liability under Art. 12.19 Code of Administrative Offenses of the Russian Federation. According to paragraph 4 of this article, violation of the rules of stopping and parking cars, as a result of which obstacles were created for the movement of vehicles, is punishable by a fine. Its amount will be 2000 rubles.
If the case occurs in Moscow or St. Petersburg , the punishment will be more severe. Clause 6 of the same article is already in effect here, providing for a fine of 3,000 rubles. This is due to the fact that the intensity of traffic flow in these cities is several times greater than the Russian average, and therefore obstacles to the movement of cars can easily paralyze transport and cause another traffic jam. To avoid this, the legislator specifically provided for an increased amount of the fine.
Is there a penalty?
Even when a motorist believes that according to the law he is right, and the vehicle he parked is located in the adjacent territory, there are often cases that the car will simply be taken away by a tow truck. And then you will have to prove that you are right, and with the current guidelines in the rules, this will be very difficult to do.
Although evacuation is a rather rare case.
As a rule, the violator, if the vehicle actually interferes with the movement of other vehicles and pedestrians, will be issued a fine. The fine for parking in the wrong place is 2,000 rubles.
Each individual situation is individual, and permission to park within the semicircle markings will depend on the individual characteristics of the territory. That is, specific points from the traffic rules will be applied to each specific case.
Read more: Cadastral plan of a land plot in Leningrad region
Do they have the right to evacuate a vehicle?
Much more than a fine, the driver is usually concerned about the evacuation of the car to the impound lot. Be sure to follow the link, we tried to answer all the questions about the detention of the vehicle. The fee for maintaining a car there can be much higher than the same 2-3 thousand rubles provided for in Art. 12.19 Code of Administrative Offenses of the Russian Federation. Can the car be towed?
Yes , traffic police officers are given this right. It is provided for in Art. 27.13 of the same code, which provides for the detention of transport. Part 1 of this article directly contains a link to Art. 12.19 and allows the use of a tow truck to move the car to a special parking lot. The car will be returned only after paying a fine and the cost of storing the car in a special parking lot. The cost is approved at the regional level in accordance with federal guidelines.
It is important to remember that the obligation to pay for the “services” of the impound lot must be reflected in the decision on the administrative case. If there is no such instruction there, the driver has every right not to pay for the movement and storage of his car.
Moving to the impound lot is an optional measure. A traffic police inspector who discovers a violation may limit himself to imposing a fine. Moreover, no other measures provided for in Art. 27.13 of the Code of Administrative Offenses of the Russian Federation (for example, the use of blocking devices) cannot be used when parking in a semicircle.
A separate protocol is drawn up regarding the detention of a car and sending it to the impound lot in the absence of the driver in the presence of two witnesses, or using video recording. In this case, you need to remember: Part 1.1 of Art. 27.13 of the Code of Administrative Offenses of the Russian Federation directly states that if the reason for the detention is eliminated before the tow truck starts moving, then the movement of the car to the impound lot must be canceled right on the spot. This means the following: if, in the presence of an inspector, the driver reparked the car, placing it outside the semicircular markings, only a fine will be imposed, and evacuation is no longer required and should not be used.
Appealing a decision for parking on an arc
Let's say a driver is fined for parking in a semicircle, but he doesn't agree with it. What exactly should he do? To get started, consulting with a car lawyer will help. We have it for free!
The algorithm of actions for Moscow, where parking fines are usually issued not by the traffic police, but by MADI, will look like this:
- Pick up the car from the impound lot.
- File a complaint with MADI. The best way to do this is through the official website of the Moscow Mayor. Photos of the place where the car was towed must be attached to the complaint. They will confirm that sign 3.27 prohibiting stopping was not in place.
- Request from MADI a diagram according to which traffic is organized at this place (SODD). The request must necessarily refer to Part 2 of Art. 24 of the Constitution of the Russian Federation, which gives a citizen the right to demand from authorities to provide copies of documents that affect his rights and legitimate interests. The fact is that the SODD refers to documents for official use, and they will not simply give it out. A copy of the Traffic Regulations is obtained from the supervision department of the traffic police unit in whose territory the decision was made to violate the traffic regulations and place them in a special parking lot.
- Then you need to look at the traffic police to see if there is a mark indicating approval from the traffic police for the placement of signs 3.27 “Stopping is prohibited” and 8.24 “Tow truck operating.” If there are no signatures and seals of officials, the problem is now not with the driver, but with the Traffic Management Center. Unauthorized placement of a sign is a serious abuse of authority and a direct violation of the law.
- An application is submitted to the prosecutor's office with a demand to prosecute the inspector who made the decision on the administrative case. If the prosecutor's audit shows that he exceeded his authority, he himself will face a fine of 20 thousand rubles.
- On the appointed day, you must appear at MADI to have your complaint examined. During the analysis, you must insist on your arguments and show photographs from the place from which the evacuation took place.
- If MADI refuses to satisfy the complaint, you need to contact the Meshchansky District Court (MADI is registered on its territory). The complaint is filed according to the rules provided for by the CAS of the Russian Federation (it is better to familiarize yourself in advance: administrative proceedings are somewhat different from civil or criminal proceedings).
The same algorithm can be used in other cities, if they have markings in the form of a semicircle - adjusted for the structure of local authorities. However, the main chain “SODD – prosecutor’s office – complaint to court” will remain unchanged. However, semicircles are practically never found outside of Moscow.
All these measures only work if there is no sign 3.27 or it is installed illegally. If the placement was agreed upon, alas, the fine and evacuation turn out to be absolutely justified, and it will not be possible to challenge them.
Marking parking in a semicircle on the streets is one of the controversial innovations with an unclear legal status. Therefore, a driver who wants to challenge an administrative penalty quite often achieves the result he wants. However, it is recommended to refrain from standing on semicircular markings in any case - this way the motorist will save himself time and nerves.
