Legislative basis for parking benefits for people with disabilities
The Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995 No. 181-FZ obliges parking lot owners to allocate parking space specifically for people with benefits.
According to current standards, such spaces must be at least 10% of the total number of parking spaces. There may also be regional legislation that specifically indicates the availability and content of certain parking benefits. In the case of Ryazan, this is the decision of the Ryazan City Duma No. 267-II dated December 26, 2013 “On approval of the procedure for the creation and use of parking lots (parking spaces) located on public roads of local significance of the municipal formation - the city of Ryazan.”
Who does the sign apply to?
All designated parking spaces for people with disabilities must be marked with a special “Parking for the Disabled” sign.
They can be used:
- disabled persons of the first and second groups;
- citizens who transport adults or minors with disabilities.
Persons with group 3 disabilities do not have the right to use such parking spaces, regardless of the fact that they receive a disability pension.
At the same time, a sticker on the glass of a vehicle, on the one hand, is not at all necessary to indicate status, and on the other hand, it cannot in any way officially confirm that a disabled person is in the car.
The driver, whether a citizen of the first or second group, or simply the driver transporting him, in order to use a special parking space must have documents that confirm this right, namely:
- Certificate of incapacity for work.
- Certificate from a medical institution confirming incapacity for work.
Typically, such cars are equipped with special stickers located on the windshield or rear window to alert other road users that a person with a disability is in the car.
But only a certificate of disability can confirm that the sign was placed legally.
Parking benefits for disabled people in paid parking: who is eligible?
In most cases, disabled people of groups 1 and 2 have the right to benefits. In some regions, benefits are provided to all categories of citizens with disabilities. In this case, it should be understood this way: benefits can be used by drivers directly driving a vehicle (if it is registered as the property of a disabled person), and drivers of cars transporting disabled people (including disabled children).
The law requires the obligatory placement of a “disabled person” badge on a car, but, for example, in those places where the registration is automated (a car is driven with a special device), the license plate number of the car is read and then compared with the database. The sticker will not play a role in this case.
Benefits are issued according to the formula “one disabled person = one car.” In some regions (residential areas of Moscow), permission is issued not for each person, but for one apartment.
We described in detail the procedure for challenging fines for paid parking in an article on our website here.
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Moscow Government Decree No. 289-PP establishes paid parking within the approved parking zones. An exception was provided for certain categories of vehicles, which include vehicles driven by disabled people or intended to transport them.
By law, any parking lot must allocate at least 10% of the spaces to people with disabilities, which they have the right to use free of charge.
Parking lots located in close proximity to:
- hospitals,
- hospitals,
- social institutions,
- sports and rehabilitation complexes,
are required to allocate at least 20% of places to people with disabilities.
Only disabled people. It is prohibited for other vehicles to park in the spaces allocated to them, including those entitled to free parking.
In what case is a fine imposed for unpaid parking in Moscow?
A driver who parks his car in a paid parking lot must pay for it immediately. There are currently several payment methods available.
If you decide to use paid parking for the first time, then in any case you will first have to understand the features of the chosen method.
The easiest way to pay for parking is via SMS to number 7757 .
Pay for parking | Extend parking | Parking stop | |
Sample | [parking number]*[car number]*[number of hours] | X[number of hours] | S |
Example | 2005*X987XX777*2 | X1 | S |
Message 2005*X987XX777*2 will debit money from your mobile phone account for parking a car for two hours in parking lot number 2005. Car number X987XX777.
Another convenient way to pay for parking in Moscow is to use a parking meter . A parking meter is a special terminal that accepts bank cards.
There are also other methods, which can be found on the Moscow parking website parking.mos.ru
However, regardless of the chosen method, the driver has 5 minutes to pay . Those. No more than 5 minutes should pass from the moment the vehicle stops until payment is confirmed. It is this gap that causes the most problems for drivers using paid parking for the first time.
Note. Until December 15, 2021, 15 minutes were given to pay for parking, but this period was reduced to 5 minutes. The driver also has the opportunity to stand in the parking lot for an additional 5 minutes after the paid time.
In the case of payment via SMS, confirmation is a response message; when using a parking meter, a receipt is issued.
In general, a driver who does not pay for parking within 5 minutes receives a fine.
Penalty for parking in a disabled space
For illegal parking, the fine will be 5,000 rubles.
A vehicle that occupies such a space without reason will be subject to detention. The car is towed to the impound lot, which will entail another payment in the amount of several thousand rubles. The cost depends on the tariffs in force in the region and on the time the car is in a specialized parking lot.
According to the rules for arranging parking lots, including parking lots in the courtyard of an apartment building, it is mandatory to provide free parking spaces for disabled people, and such spaces must be at least ten percent of the total number (Article 15 181-FZ).
Most often, an area for cars with disabilities is set up closer to the exit and is marked with special markings and appropriate signs.
The rules do not establish where exactly such zones should be located and exactly how many parking spaces there should be; each owner has the right to determine their number, the main condition is that their number should not be below the established minimum level.
According to Art. 15 of Law No. 181-FZ “On Social Protection...” dated November 24, 1995, each organization, regardless of its organizational and legal form, is obliged to provide persons with disabilities with unhindered access to the facility. The same rule applies in public transport.
Violation of these requirements, according to Art. 5.43 of the Code of Administrative Offenses of the Russian Federation entails administrative liability in the form of a fine:
- for officials the fine ranges from 3,000 to 5,000 rubles;
- for organizations, the fine has been increased to 30 thousand - 50 thousand rubles.
Not every person with disabilities is able to get behind the wheel of a car independently. Most often, they are transported by special vehicles, or they use the services of a taxi or relatives or friends.
Basic parking rules in the article:
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"Parking Rules"
Read what the parking fines are here.
When transporting such people, vehicle owners have the right to install a special sign on their car and use parking spaces for disabled people for parking, but only if the passenger has a document that confirms his status.
If these requirements are not met, the violator will be fined or other types of punishment will be applied to him.
Table 1. Types of penalties for violating parking rules for disabled people.
Violation | Type of punishment |
Unauthorized use of a special sign | 1. For a vehicle driver - a fine of 5,000 rubles and confiscation of the sign 2. For an official - a fine of 20,000 rubles 3. For legal entities - a fine of 50,000 rubles |
Violation of parking rules in spaces for disabled people by a car transporting a sick person, but not equipped with a sign | 800 – 1,000 rubles |
Equipping a car with a special sign in the absence of permits | 5,000 rubles |
How paid parking works
The new control system is based on recording the license plate of a vehicle parked in a paid zone and then checking it against a database of cars that have paid for parking. If it turns out that the owner of a car has not made payment, then a fine will be imposed on it in the amount established by law (today it is equal to 2,500 rubles).
At the moment, the data processing center uses the following means to detect violators:
- Parkons are specialized vehicles equipped with a system for photographing violations. It consists of two cameras, one of which records a general plan, and the second is aimed specifically at identifying license plates. On a given route, Parkon's crew runs once every 15 minutes (since there is no charge for stopping for a shorter time). The information accumulated during the working day is transferred to the data center and traffic police, where it is subsequently processed and transformed into fines with photographs of the recorded violation.
- Foot patrols . Despite all the advantages of Parkons, their arsenal is still limited. There are many fairly simple manipulations with the state. number (we'll talk about them later), making photographic recording useless. In this regard, so-called foot patrols of parking inspectors began to appear on city streets. Their task includes the same photographing of vehicles, the detection of which is difficult for the Parkons. At one time, bicycle patrols also operated alongside them, but now they are practically not used.
In view of the factors mentioned above, you won’t be able to simply forget to pay for parking, since from the moment the car is parked in a paid zone, everything no longer depends on the owner of the car, but on the employees of the data center.
They don’t start any heart-to-heart conversations, they don’t make demands, they simply record the car’s license plate number for subsequent checks to see if the parking was paid for. If not, there will be a fine.
Thus, the only way to prevent them from performing the check is to interfere with the process of reading the license plate. This is what all the following ways to avoid paying for parking are based on.
Procedure for applying for parking benefits
To apply for benefits, you must submit a corresponding application to the MFC; a number of regions make it possible to submit documents through the STATE SERVICES website.
If a disabled person applies, the list includes the following papers:
- application for entry into the Register of entries/information;
- passport;
- vehicle registration certificate;
- document on disability;
- insurance certificate of compulsory pension insurance of the applicant (SNILS).
If a person applying for benefits for transporting a disabled child applies:
- birth certificate;
- passport of his legal representative;
If the documents are drawn up by a legal representative, then:
- his passport;
- document confirming authority.
Compared to public parking spaces, parking spaces for disabled citizens are arranged somewhat differently.
This is understandable: many people use wheelchairs and they must have a place both for unloading it from the car and for further travel between vehicles.
Typically, all parking spaces are located one after the other, this is both more convenient and allows you to increase the distance between two cars, which increases the possibility of maneuver.
The special marking is a copy of a road sign painted on the asphalt with yellow paint. Parking for disabled people is designated according to traffic regulations using special markings and a “Parking for disabled people” sign.
At the same time, a sign is installed next to such a sign, notifying that this zone is intended only for parking cars of persons with disabilities, or for parking vehicles transporting such citizens, including special vehicles.
Documentation
Since 2021, the rules for installing a “Disabled Person” sign on a vehicle have changed; this has become possible only after receiving a disability certificate.
Also, you can take advantage of free parking or other benefits provided to citizens with limited mobility only if you have such a certificate.
This tightening of requirements is due to the fact that some motorists illegally use the sign when trying to leave their car in parking areas for disabled citizens.
In addition to specially equipped parking spaces, persons with disabilities or their representatives have the right to ignore certain road signs.
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Namely:
- Vehicle movement is prohibited; Figure 1. Sign 3.3 “Vehicle movement is prohibited”
- Parking is prohibited (Fig. 2); Figure 2. Sign 3.28 “Parking prohibited”
- Signs 3.29 and 3.30, parking on odd (even) days is prohibited (Fig. 3). Figure 3. Sign “Parking on odd (even) days is prohibited.
All these rules apply to citizens who transport disabled people in their cars, but the requirement to have the necessary documents on hand also applies to these cars.
The legislator determined the period for reviewing documents within 10 days. It is during this time that the response from the MFC will come.
50 percent discount when paying a fine for unpaid parking
Please note that the fine for unpaid parking in Moscow is provided for by the Code of Administrative Offenses of the city of Moscow, and not the Code of Administrative Offenses of the Russian Federation. In this regard, it is impossible . The fine must be paid in full.
Let me remind you that from January 1, 2021, you can get a 50 percent discount on traffic police fines if you pay them within 20 days of the violation.
How to get a discount when paying fines?