Penalty trap: the driver showed how not to park in the yard

The driver was fined 5,000 conventional units for parking in the yard outside the lawn. He parked in accordance with the road markings, but still received a violation order. Autonews.ru figured out with a lawyer how to appeal a fine

Photo: AGN “Moscow”

A Muscovite motorist complained that he was fined for parking in the yard near a tree. The fine amounted to 5,000 conventional units. Since the driver himself is a member of the Blue Buckets group, he parked the car in the yard near the tree in accordance with the signs, all the wheels were on the pavement. However, he received a ticket for parking on the lawn.

“I heard somewhere that the lawn is the land covered with grass, not asphalt.. or is it already?” the motorist asks.
Facebook registry of user Igor Petrov

The concept of “lawn” in terms of parking vehicles is not spelled out in the rules of the road. It is only claimed that the lawn separates the sidewalk from the roadway or bike path. But that doesn't mean you can't park on it.

Article 8.25. Placing vehicles on a lawn or other territory occupied by green spaces – entails the imposition of an administrative fine on citizens in the amount of five thousand conventional units; for officials – thirty thousand conventional units; for legal entities – three hundred thousand conventional units.

Judging by the photo of the car, there were definitely three wheels on the asphalt, but there are questions about the fourth one. According to automotive lawyer Dmitry Dugin, a wheel located in the green zone can also be held administratively liable, but such decisions must be appealed. “We usually have large fines. Even if there is only earth and one wheel in the parking lot, people often stretch. Then the court must confirm the presence of these green spaces, “the lawyer clarifies.

In Moscow, there is a register of green spaces, to which various institutions have access. Individuals cannot clarify such information on their own. However, if it is necessary to provide log data as evidence, the motorist can request the information in court.

“The driver has the right to report that this site is not included in the register. Of course, on the respective floors it is marked as a car park. A person can present this evidence in court, or the court will make a request to the relevant department if this is a green plant, “Dugin notes.

According to him, there is a direct basis for exempting the driver from liability for minor damage. “In particular, in this case, even if the territory is included in the register of green spaces, the case should be closed for insignificance. 5 thousand conditional units, when, in fact, traffic in the oncoming lane is punished in this way, and then he drove along the sidewalk a couple of centimeters where a tree grows. And his arrival could not disturb the root system of the tree, there is no lawn there, “concluded the lawyer.