Just ten years ago there were very few cars with the “Disabled” sign on Russian roads. But the introduction of paid parking, the emergence of benefits for certain categories of citizens (in particular for the disabled), as well as separate parking spaces, led to the appearance of many cars with a characteristic distinctive sign - a wheelchair on a yellow background. The paradox of the situation was that there was not a single single document in the country regulating the appearance of the “Disabled” sign on a car, except for the indication in the Road Traffic Rules that vehicles driven by disabled people of groups I and II, transporting such disabled people or disabled children, an identification sign “Disabled” may be installed. You could buy it in any store.
The first law that addressed this topic appeared in 2011. Article 12.5 of the Code of Administrative Offenses was supplemented with clause 4.1, which prescribed a fine of 5,000 rubles for illegal installation. Liability was introduced, but no explanation was given as to how to legally install and use the sign. Only in February 2016, amendments to the traffic rules were adopted, obliging disabled drivers or persons transporting people with disabilities to carry certificates confirming their physical condition.
Finally, on September 4, 2021, Order of the Ministry of Labor No. 443n came into force, approving the “Procedure for issuing the identification badge “Disabled” for individual use.” Previously, on June 14, by a government resolution, this department was given the opportunity to exercise powers in this matter, since even the drafter of such a “Procedure” had not been determined by law before.
Let's look at how the country's more than eight million officially registered disabled people can now obtain a car placard that confirms their status and provides certain benefits.
Who can use such a sign?
This is the most incomprehensible and controversial point of the entire “Order”. In order to understand all the ambiguous and unclear points, it is better to quote it in full:
“This Procedure determines the rules for issuing the identification badge “Disabled” for individual use, confirming the right to free parking for vehicles driven by disabled people of groups I, II, as well as disabled people of group III in the manner established by the Government of the Russian Federation, and vehicles carrying such disabled people and (or) disabled children.”
What does "individual use" mean? An individual is always one person. It is unlikely that the rule-makers had in mind the fact that a disabled person should be alone in the car. After all, quite often people with disabilities cannot move unaccompanied, even if they drive a car themselves. And “Order” also has no right to reject the right to commercial use, since every person can use his property as he pleases within the framework of the law. The owner can also earn money using his property, which is a car. So that's the wording.
How to correctly install the “Disabled” sign on a car from 2021
The basic provisions for permission to operate a machine state that the plate must be located on the glass located at the front or rear. There is no specific location where the sign should be located.
Attention! Installing a sign is the right, but not the responsibility of the motorist. If there is no sign, the person will not be held accountable.
It must be placed in such a way as not to interfere with the driver. The Code of Administrative Offenses of the Russian Federation provides for punishment for those motorists who installed stickers on the front window in violation of the norms. The optimal places are:
- upper/lower corner of the rear window on the left;
- upper corner of the front window (to the right of the driver).
Regarding rear windows, specific instructions for sticking signs have not been developed, which means that they can be placed at the discretion of the driver. The main condition is that they do not block the view and other motorists can notice them from afar.
The traffic rules provide for two types of signs that have a yellow background:
- "Deaf Driver";
- a sign that applies to persons with disabilities.
The latest type of plates is round in shape. According to the rules, the diameter of the circle should be 16 centimeters.
The legislator made adjustments in 2021, according to which the absence of a sign indicating that a deaf person is driving will result in a fine of 500 rubles.
Those who installed the plate in question on the car without any reason to do so face liability. The Code of Administrative Offenses of the Russian Federation contains three articles that are applicable in the situation under consideration:
- Article 12.5 provides for penalties in the amount of 5 thousand rubles for a driver driving a car on which a sign is illegally installed. The sticker is removed.
- Article 12.4 provides for liability for those who unlawfully installed the sign in question. The amount of punishment varies depending on the subject of the offense. Citizens will pay within 5 thousand rubles, legal entities - within 500 thousand, officials - 20 thousand. The sign will be removed.
- Article 12.9 deals with cases of violation of the rules regarding parking and stopping in places intended for people with disabilities. The fine is 5,000 rubles.
The legislation does not have a clear concept of what document is presented to the traffic police inspector. It is indicated that an employee may ask to provide:
- documentation confirming disability (such paper can be requested both from the driver, if he is driving a car and declares that his capabilities are limited, and from the passenger, when it comes to transporting a person with a disability);
- confirmation issued by a medical organization regarding disability (applies to cases where the car has a corresponding sticker).
In accordance with the rules of law, benefits are established for people with disabilities of various groups. Traffic regulations state that the following signs do not apply to persons recognized as disabled:
- when movement is prohibited;
- a parking ban is imposed;
- parking is prohibited on odd days of the month;
- movement in relation to mechanical vehicles is prohibited;
- parking ban on even dates.
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The institution itself is presented in the form of 3 specific organizations:
- branches of the bureau in regions and cities, where on October 19, 2021 you can receive the identification badge “Disabled” in normal situations and where you should contact first,
- – here you can get a “Disabled Person” badge if you need to appeal the decision of the main branch of the institution, or in particularly difficult cases of establishing disability.
- main office – contact us here for decisions by branches and if additional examinations are required,
You can receive the badge at your place of residence - that is, at any branch, regardless of the place of registration. To do this, as we mentioned above, you need to contact any branch of the ITU Bureau with a written application.
The application contains all the standard information - from the full name of the disabled person and his residential address to the insurance policy number. Also, when applying, a disabled person will need:
- certificate of disability.
- passport or birth certificate,
After submitting the application, a sign is produced and issued, according to the regulations, no more than within one month.
But it also takes time to register the application itself.
Just like the old one, but with a number of changes. So, now the sign is written in handwriting on the front side:
- region of issue.
- sign number,
- the date of expiration of the disability,
And on the back:
- disability certificate number,
- group,
- date of birth,
- period of disability,
- date of issue of the sign.
- Full name of the disabled person to whom the badge was issued,
This is what the new sign will look like: Then nothing will happen. The current legislation for 2021 does not provide for a penalty for loss.
In this case, the bereaved person should contact the ITU Bureau for a duplicate of the “Disabled Person” sign. Then, in the corner of the new sign, replacing the lost one, the signature “Duplicate” is placed, and the old one is declared invalid.
Also, a new sign will have to be obtained if the disabled person changes his place of residence.
10.
1993 and No. 23 of January 21, 2021 “On amendments to the traffic rules of the Russian Federation.”
Based on these regulations, it is allowed to install signs on cars driven by 3 categories of persons:
- disabled people of group 1 or 2;
- persons transporting citizens with health limitations;
- parents or legal representatives of disabled children.
In case of illegal use of this sign by other persons who do not have a legal basis, administrative liability is applied to them in accordance with Art. 12.5 “Driving a vehicle with an unregistered sign” and Art. 12.4 of the Code of Administrative Offenses of the Russian Federation “Installation of an unregistered sign on a vehicle.”
The situation is considered multifaceted, so it should be examined more closely.
Traffic regulations do not have a precise explanation regarding the type of documentary evidence of the presence of a “wheelchair user” sticker. The only entry is in the “General responsibilities of the driver” section of the Traffic Regulations in clause 2.1.1:
- The document must be kept by the driver or passenger.
- A traffic police officer has the right to check documentary evidence of disability if there is a sticker.
If the inspector doubts the authenticity of the medical report, he has the right to use Federal Law No. 3, Article 13:
- p. 4 Request the necessary information about authenticity from medical institutions.
- p.2 Check the provided papers;
Thus, the main confirmation of the legal application of the sticker is 3 documents:
- pension certificate indicating the disability group;
- parking permit for a disabled person (only for Moscow and St. Petersburg).
- conclusion of a medical and social examination;
for individuals 5,000 rub.
for officials 25,000 rubles. for legal entities 500,000 rub. This applies to the illegal installation of a sign; for parking within the coverage area of a sign indicating parking areas for persons with disabilities, a fine of 5,000 rubles is provided.
This document may be a medical certificate stating that you are a disabled person of the first or second group. If you are a healthy driver who is transporting a disabled passenger, then the passenger should always have the necessary certificate with him to avoid a fine. But There is a small gap in the legislation. For example: a driver transporting a disabled person parked in a specially designated space for disabled people. His disabled passenger got out of the car, and at that moment a traffic police inspector approached the car with a request to present the relevant document.
It is necessary to write an application, and in it explain the reason for receiving a new sign.
Next, based on the previous record of issuing the badge and the new medical examination of the citizen with a disability, a new plate is created.
On its reverse side in the right corner the word “Duplicate” is written. When the fact of disability is re-examined, a new sign is issued.
- A person transporting a person with disabilities;
- A person who has a disability of any group and drives a vehicle;
- A person representing the interests of a disabled child.
Expert opinionEvgeniy RomanovLawyer, specializes in protecting rights in areas related to traffic rules, insurance and disputes with the traffic police. A new type of sign is issued to a specific citizen, who can install it on any car in which he drives.
Naturally, in order to stop this, it was necessary to change the entire system of issuing stickers, prohibit their sale in city retail chains, and approve a new type of stickers, with the introduction of special markings with a serial number. Responsibility for parking in a space reserved for disabled people without a registered parking permit in Moscow: 5,000 rubles (Part 2 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation) and evacuation of the car to an impound lot Now such anarchism with parking in places for disabled people will not work. After all, now, if a car has an ordinary sticker bought in a store, then the police, traffic police, and traffic police department will immediately understand that this car does not have the right to park in a place for disabled people.
In 2021 it includes:
- Order of the Ministry of Labor and Social Protection of the Russian Federation (dated 07/04/2018). The document approved a new procedure for issuing a disability badge in 2021 and identified the categories of citizens entitled to receive it.
- (dated February 20, 2006) establish the rules for assigning a disability group to an individual.
- (dated November 24, 2018) introduces a number of changes to Council of Ministers Resolution No. 1090 (dated October 23, 1993). They touched, first of all, on traffic rules. We clarified the details regarding the sign.
- (dated November 24, 1995) provides the opportunity for people with disabilities to issue a special sign on their car as a measure of social security.
- RF PP No. 1090 (dated October 23, 1993) - on the admission of a vehicle to operation requires the installation of a sign.
- (dated July 16, 2016) regulates the procedure for maintaining the register of disabled people, in which all entries regarding the signs provided on cars for this category of citizens are made.
This is stated in paragraph 1 of Order No. 443-N, which also mentions the right of disabled children to receive a badge.1.
This Procedure determines the rules for issuing the identification badge “Disabled” for individual use (hereinafter referred to as the Badge), confirming the right to free parking of vehicles driven by disabled people of groups I, II, as well as disabled people of group III in the manner established by the Government of the Russian Federation, and vehicles transporting such disabled people and (or) disabled children. In a special institution called the “Bureau of Medical and Social Expertise” (hereinafter referred to as the MSE Bureau).
The institution itself is presented in the form of 3 specific organizations:
- Federal Bureau - here you can get a Disabled Person badge if you need to appeal the decision of the main branch of the institution or in particularly difficult cases of establishing disability.
- branches of the bureau in regions and cities, where you can get a Disabled person identification badge in standard situations and where you should apply first,
- the main bureau - contact here when appealing decisions by branches and if additional examinations are required,
You can obtain the table at your place of residence - that is, at any branch, regardless of the place of registration. To receive this sign, a disabled person or his legal representative must contact the ITU bureau with a written application signed in person. In which it is necessary to indicate personal and registration data - from the full name of the disabled person and his residence address to the insurance policy number. Along with the application, you must provide a passport or birth certificate, a disability certificate. Firstly, cars with this sign have the right to park in places for the disabled , which are required by law to be equipped near shopping centers and other public institutions and, as a rule, are located closest to the entrance to their buildings. Secondly, in light of the latest amendments to the traffic rules, cars with the “Disabled” sign were allowed to ignore some prohibitory signs (we talked about this at the very beginning). Just like the old one, but with a number of changes.
To issue a disability badge in 2021, a citizen must fill out an application at State Services, the rest of the data will be confirmed automatically. If the application is submitted through the MFC, it is necessary to provide employees with a number of documents:
- Application for receipt. Compiled in any form.
- Identity document. In addition to a general passport, you can use a foreign passport, residence permit, refugee certificate, etc.
- Vehicle registration certificate (if available).
What about free parking?
The addition about the use of “confirming the right to free parking” also raises questions. After all, it essentially limits the benefits of the “Disabled” sign to paid parking only. According to the Traffic Rules, a disabled person’s car can pass under signs 3.2 (Traffic is prohibited), 3.3 (Motor vehicles are prohibited) and stop in the coverage area of signs 3.28 (Parking is prohibited), 3.29/30 (Parking is prohibited on odd/even days of the month) . Since traffic regulations have greater force than the “Order” approved by the department, this restriction - only for paid parking - looks absolutely meaningless.
In addition to the right to park for free, there are also special spaces for disabled people that ordinary motorists cannot use. For parking in a specially designated slot for disabled people, you can get a fine of 5,000 rubles or then have to look for a towed car.
Disabled person sign on car new in rules
Along with the abolition of the previous “Disabled” sign, the new order introduces the concept of a federal register of disabled people. It is expected that this register will include data on vehicles of disabled people who have the right to install the appropriate sign on the car. The clause on the register of disabled people also comes into force on July 1, 2020.
From July 1, 2021, the right to free parking will apply not only to disabled people of groups I and II, but also to disabled people of group III. In accordance with Government Decree No. 115 dated February 10, 2021, these provisions will apply to disabled people of group III, but only if they have a limitation in the ability to move independently (1st, 2nd or 3rd degree of severity) . In other words, if the driver has a disability due to diabetes or another illness not related to mobility, then he will not receive the right to free parking.
Let us remind you that until July 1, 2021, all disabled people of group III had the right to free parking, regardless of their ability to move, which created a shortage of parking spaces for disabled people. Therefore, it was decided to introduce such a restriction.
Free parking will also apply to group III disabled people who do not have restrictions on independent movement, but only if they have already received the “Disabled Person” identification badge from the federal institution of medical and social examination before July 1, 2021 and have enjoyed the right to free parking of vehicles on the basis of such a sign.
Photo: invalidu.help
- Parking for disabled people from January 1, 2021 - 04/01/2021
- You can add a car to the register of disabled people at the MFC - 09/28/2020
- What has changed for drivers since July 1, 2021? — 01/07/2020
- The "Disabled Person" sign was canceled from July 1, 2021 - 01/07/2020
- Changes for drivers from July 1, 2021 - 06/15/2020
- Will there be discounts on compulsory motor insurance for citizens who have lost their jobs? — 05/16/2020
- The deadline for exchanging driver's licenses may be extended until the end of 2020 - 05/15/2020
- The State Duma approved amendments to OSAGO in the third reading - 05/14/2020
- The State Duma approved amendments to OSAGO in the second reading - 05/13/2020
- Traffic police cameras are ready to fine you for compulsory motor liability insurance - 05/13/2020
How to get a badge?
To obtain a badge, you need to contact the Bureau of Medical and Social Expertise , which also issues basic certificates of disability. This may be a branch (you need to go there first), the main bureau (if problems arose in the first instance - a refusal was received or additional examinations are required) and, most importantly, the Federal Bureau (issuing signs in particularly difficult cases of establishing disability). The badge can be obtained both at the place of primary registration and at the place of stay.
The main document is an application for obtaining a badge . In addition to the application itself, it must indicate the full name of the disabled person, residential address and insurance policy number. You will also need to provide an identity document and a certificate of disability . An application and the same package of documents can be submitted on behalf of the legal representative of a disabled person.
But you will have to wait a month for the sign to be issued from the date of registration of the application. It is not clear why it takes so long: in Moscow, a preferential parking permit is issued in 10 days, and the bureau that itself issued the disability certificate does not need to check its authenticity. Perhaps these 30 days will be spent on making the sign itself. Receiving the finished sign will only take a day.
If the sign is lost or has become unusable, you can get a duplicate by submitting the same package of documents. When changing the region of stay in a new place, a disabled person will have to receive a new badge according to the same rules. The procedure does not provide for any fee for issuing a “Disabled Person” badge.
How does an issued sign differ from one purchased in a store?
Just as before, the sign will comply with the accepted GOST standards: size 15x15 cm, yellow background color, black symbol. But now on the front side of the plate the following will appear: the owner’s data (entered by hand or in print), the badge number, the expiration date of the disability (then the badge will expire; if the expiration date is not specified, the badge is valid indefinitely) and the region of issue. On the back will be placed: the full name of the disabled person, date of birth, certificate number, validity period, disability group and date of issue of the badge.
Advantages of the new sign
One of the advantages of the adopted “Order” is that the “Disabled” sign is not tied to a specific car. Now the sign is valid when a person with disabilities is inside the car. Thus, the owner can use any vehicle for transportation, including a taxi. You just need to place the signs under the front and rear windows of the vehicle. The same applies to persons transporting disabled people or disabled children.
But we must not forget that if there is no disabled person in the car, the signs must be removed. Otherwise, you face the same punishment for illegal use. An invalid sign will not protect against all fines and sanctions that apply to ordinary cars for violating traffic rules.
What does it give and who can become the owner of the mark?
If there is a “Disabled Person” sign of the established type on the car window, the car owner can leave the car free of charge in places that allow such activities for disabled people. According to current legislation, every shopping center and other institutions are required to provide parking for citizens with disabilities.
The presence of an identification sign for people with disabilities allows the owner of the car not to worry about possible evacuation or issuing a fine for 5,000 rubles.
It is important to know that with the amendment to the law, it has become impossible to purchase a “Disabled” sticker in a regular store. To obtain this sign, a person must apply to a special medical commission at a government agency.
The right to receive a sticker is reserved for disabled people of groups I and II without exception. In some cases, the sign can be provided for use by citizens with group III who have confirmed the presence of a disability. The “Disabled Person” sign is allowed to be affixed to the glass by parents of disabled children of any disability group and by citizens transporting people with disabilities.
If a person with a disability is not the owner of a vehicle, this cannot be a reason for refusing to receive a special plate. The order does not provide restrictions in this matter. If previously an individual number was entered into the register, assigned to a parking permit and linked to the registration numbers on the car, now the sign is registered with a specific person and is not linked to the license plate number of the car.
It turns out that the sign applies to any vehicle with a person with a disability inside. Even a taxi service car can park near a shopping center in a space for a disabled person if its passenger is the owner of a special sign. This rule also applies to cars transporting disabled children.
Do you need to rush to receive it?
On the one hand, it is better not to hesitate. After all, the adopted “Order” is a legal method required by the Administrative Code. But, in any case, from September 4, all disabled drivers will be violators for at least a month - and this is the period during which they are required to issue a new sign - even if they submit an application and all other necessary documents on the day the new “Procedure” comes into effect.
On the other hand, the current “Procedure” is a completely separate document, not related to GOSTs, traffic rules, or the same Code of Administrative Offenses, since these laws do not contain references to the Order of the Ministry of Labor, which means that the mandatory execution of this document remains unclear. And the benefits for paid parking in different cities, as well as the rules for obtaining them, vary.
An obvious advantage of the adopted “Procedure for obtaining “Disabled” signs” is the elimination from the streets of those unscrupulous car owners who often resorted to buying a fake disability certificate and, hiding behind yellow signs, violated traffic rules. But there is also a minus: real disabled people will have to make an effort to get these signs. They will once again have to undergo a certain and not entirely simple procedure in order to make their life easier.