Traffic rules in the parking lot
The same rules apply in parking lots and residential areas as on the road. Without markings, signs or traffic lights, drivers adhere to five basic rules.
Exit from a secondary road. If a driver leaves a parking lot or local area on the main road, he must let everyone who moves along it pass. This is stated in paragraphs 13.9 and 8.3 of the traffic rules.
Interference on the right. The driver yields if the other participant is on the right.
Priority when going uphill. If parking is not on level ground, you must yield to the driver who is driving uphill.
Speed up to 20 km/h. In residential, bicycle and courtyard areas it is prohibited to drive faster than 20 km/h. When investigating parking lot accidents, inspectors often refer to this rule.
Alcohol-free. Sometimes it happens that a car owner, after drinking a little, decides to repark the car - for example, because his usual place has become vacant.
You can't do that. The rule against driving while intoxicated also applies in parking lots.
Hitting a standing vehicle
Very often on the road there is a collision with a stationary vehicle. Each case is individual, so the circumstances may be different:
- An accident at a traffic light when the car did not have time to stop and a collision occurred with a vehicle that was standing at a prohibitory traffic light sign. Exactly the same situation can happen at a pedestrian crossing or an uncontrolled intersection;
- the driver tried to park the car, as a result of which he collided with a vehicle that was in the parking lot. A similar accident can also happen in the yard.
We can continue to consider special cases. But the essence remains the same. In any case, the driver who collides with a stationary vehicle is guilty of the accident and is required to pay a fine. The size of the latter depends on under which article the traffic police inspector will consider the incident.
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What articles can inspectors apply to the case?
Private practice shows that accidents in which one car did not move, and the second one hit it, can be considered in accordance with the following articles:
- 1 traffic rules. It states that the car must travel on the road at a speed not exceeding the established limits. At the same time, the driver, when choosing a speed limit, must take into account related factors, such as weather conditions, traffic volume, vehicle condition and the presence of cargo, and other points. Also, the selected speed should allow the driver to stop the car in time if he notices any obstacles to continue driving. Administrative punishment in the form of a fine for violation of this clause is not provided;
- 10 traffic rules. This clause obliges the driver, while driving, to choose a safe distance in relation to other vehicles, so that in the event of any unforeseen situation, he can avoid a collision, reduce speed or completely stop the car. Punishment for violation of this paragraph is determined by paragraph 1 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. The fine is 1,500 rubles.
The traffic police inspector determines which clause will be applied individually in each case. Accordingly, it is not possible to talk about what the punishment will be, because a fine may not be imposed at all. But, most often, inspectors still apply clause 9.10 of the traffic rules, under which they can be fined 1,500 rubles.
Those who are interested in whether their license is revoked for an accident should know that their driver’s license is not confiscated for such minor violations. An exception is if there are victims whose health has been harmed to a moderate or more serious degree.
If the driver does not agree with the decision of the traffic police officer
If the person driving the car believes that the traffic police inspector determined the responsibility for hitting a standing vehicle incorrectly, he can write a complaint to the traffic police department regarding this fact. First of all, it is worth noting in the protocol that the driver does not agree with its contents and believes that he did not violate the specified clause, providing explanations on this matter.
As for the complaint, you need to describe the situation in as much detail as possible, indicating the date, time, place and circumstances of the accident. It is also necessary to write the full name of the inspector who drew up the protocol. If there were witnesses, their information should also be provided. The more accurately the essence is stated, the easier it will be for management representatives to assess the situation.
Under the text of the complaint there is a paragraph “Please”. All applicable requirements are listed here, for example:
- terminate the administrative case according to the protocol (indicate the series, number, date of preparation);
- consider the complaint in my absence. If you need details of any circumstances, contact me by phone;
- provide a written response in accordance with the law, send it to the address (the exact and complete address is indicated here).
Important! The complaint should be accompanied by a copy of the protocol drawn up by the traffic police inspector, as well as the resolution on the administrative violation.
Is it worth using the services of a car lawyer?
It is important to understand that if the driver does not know how to correctly file a complaint and does not understand all the subtleties involved, it is not worth taking on the task on his own.
It is better to use the help of a qualified auto lawyer who has had to deal with similar situations more than once.
A specialist will assess the relevance of filing a complaint and the chances of achieving the desired result, and will help you draw up the paper correctly.
The fact is that if the driver writes a complaint on his own, he may miss some important points or describe the situation incorrectly. This will delay the process of considering the application or contribute to its unsatisfactory outcome. At the same time, with the support of a qualified motor vehicle lawyer, issues can be resolved much easier and faster.
Source: https://law.ru/auto/naezd-na-stoyashhee-ts/
What to do immediately after an accident in a parking lot
The parking lot is part of the road, which means the rules for registering an accident are the same as on the roadway:
- Stop the car.
- Turn on the hazard warning lights.
- Place a warning triangle on the road at a distance of at least 15 meters from the car.
- Take a photograph of the accident scene.
- Do not move objects related to the accident, such as a knocked-down fence or sign.
- Determine if anyone was injured in an accident. To do this, approach others involved in the accident and ask how they are feeling.
- Clear the road if the car interferes with other road users.
- To record an accident - call an inspector or draw up a European protocol.
If the accident is not documented, the victim will not receive payment from the insurance company.
Igor Mirzoev, lawyer
If an accident is not recorded, there are risks for the victim. Firstly, he will not receive insurance compensation. Secondly, if the second participant contacted the traffic police with a statement about an accident, it will be difficult for you to prove that you are the victim and the other person is the culprit. Thirdly, difficulties will arise in determining the damage received in an accident. Since the accident was not recorded by a camera and traffic police officers were not involved, a forensic examination will have to be carried out.
Clause 10.1 of the Russian Traffic Regulations – hitting an obstacle: comments and responsibility
Traffic rules indicate not only the maximum speed established by signs or a section of the road (settlement/highway), but also require that the speed be selected individually depending on the road conditions. This is exactly what clause 10.1 of the traffic rules says.
10.1. The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the intensity of traffic, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular, visibility in the direction of travel. The speed must provide the driver with the ability to constantly control the movement of the vehicle to comply with the requirements of the Rules.
If a traffic hazard arises that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops.
Clause 10.1 has not changed since the introduction of the Road Traffic Rules as a by-law until 2021. The above interpretation has been sounding this way since 1993.
The only attempt to change this clause of the by-law was in public initiative No. 77F12974, where the initiator indicated that 10.1 actually introduces a presumption of guilt of the driver in its last paragraph, and justifying this by the fact that, for example, even in an accident with a pedestrian crossing the roadway in a prohibited in place of a prohibiting traffic light and even in a state of intoxication, the driver is still charged with a violation of 10.1 and is made guilty.
The initiative was not accepted for consideration due to the small number of voters.
In fact, this paragraph of the Rules is universal. Very often it is attributed to when the driver hits any stationary (or even moving) obstacle on the road - a stationary vehicle, any debris, fallen trees or poles, animals (elks, cattle and others).
In particular, paragraph 10.1 prescribes:
- choose a speed in populated areas of 60 km/h, outside them - 90 km/h - at the same time, 10.1 is inextricably linked with 10.2, which sets specific values for the maximum speed,
- if there is a sign 3.20 with a speed limit, then it has priority over the point above - that is, in this case you need to be guided by the speed value on the sign, and the sign may indicate a speed even higher (note to paragraph 10.2 of the traffic rules),
- the second paragraph clearly speaks not only about hitting an obstacle, but also about the fact that it is impossible to create dangerous driving - even if someone else is violating - cutting off, braking sharply for no reason, driving out without giving way, from “ramming” it is prohibited in in any case, although the blame for an accident will most likely fall on the one who violated a different clause than if you violate clause 10.1 of the traffic rules unintentionally.
From the logic of violation of this clause, it can be established that it is also a precedent - it is considered that 10.1 of the traffic rules is not violated until a precedent is created - an accident. If there is no accident, there is no fact that the speed was chosen incorrectly - that is, the speed is considered safe.
10.1 of the 2021 Traffic Rules makes it clear that, in principle, there can be no unpunished excess. You will not be issued a fine for speeding if the speed limit is no more than 20 km/h.
But the absence of punishment does not mean the absence of violation. And a striking example of this is an accident, where even the slightest excess can cause aggravating circumstances or, in rare cases, mutual guilt.
- This article provides basic information, but each case is different.
- In 92% of all situations there are important nuances that can affect the outcome of the entire case.
- An experienced lawyer will study all the materials of the case and indicate in which direction to move.
Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.
Ask a Question
or consult toll-free: 8 (499) 938-43-58 (Moscow), (St. Petersburg), 8 (800) 350-14-82 (all of Russia).
There is no direct fine for violating clause 10.1 of the traffic rules. The current version of the Administrative Code for 2021 simply does not provide for punishment for incorrectly chosen speed despite weather or road conditions.
Punishments for specific speeding are established by Article 12.9 of the Code of Administrative Offenses, but when a decision is made under this norm, paragraph 10.2 of the Rules is violated, not 10.1.
However, paragraph 10.1 is very often written out in the event of an accident if the driver, for example, did not have time to stop and drove into an obstacle located on the roadway, even if he did not exceed the speed limit for this section of the road. When considering such accidents, the verdict is usually the same: you didn’t have time to stop, which means you didn’t choose a safe speed and also violated clause 10.1 of the traffic rules.
- Resolution No. 4A-492/2017 of the Arkhangelsk Regional Court on the application of paragraph 10.1 as a violation that led to a collision with a standing car.
- Decision No. 12-57/2014 of the Kirov District Court cancels the decision to refuse to initiate proceedings for violating paragraph 10.1 of the traffic rules, which led to an accident, since the accident was caused by a violation of the traffic rules of the second participant.
- Decision No. 12-312/2013 of the District Court in Vladivostok refusing to satisfy the applicant’s complaint on the basis that he was charged with a violation of paragraph 10.1, but he could not foresee the danger to traffic due to ice, with reference to the fact that areas of ice must be indicated by appropriate road signs.
Very often, when falling into holes, open hatches and other structures and devices located on the roadway, the driver is ordered to violate clause 10.1. They say he didn’t choose a safe speed, and it’s his own fault. And in this case, it is impossible to recover compensation for damage caused from road workers.
Meanwhile, this interpretation is incorrect - the driver could not foresee this danger, since the services responsible for this section of the road committed a violation of traffic safety on it (for this, the holes must not comply with GOST in size). Therefore, determinations in violation of clause 10.1 of the traffic rules can and should be appealed.
We have a special article with an algorithm of actions if you fall into an open hatch.
Below you can watch videos of typical road accidents due to violation of paragraph 10.1 of the Traffic Rules.
How to file an accident in a parking lot
Call the traffic police. The inspector is obliged to go out and interview the participants, record the diagram of the accident, photograph the cars, interview witnesses and attach the collected data to the protocol. This document will help the victim receive insurance payment.
Draw up a European protocol. The law allows drivers to draw up a European protocol if they have MTPL policies. There is no need to call a traffic police inspector to prepare documents for insurance payments. There are nuances when filling out the European protocol - read the article with the new rules.
If the accident is not reported, the injured party will not receive compensation for damages.
Anna Oleneva, Insurance Company "Energogarant"
To classify a collision in a parking lot as an insured event, two conditions are necessary:
- • both drivers were driving at the time of the collision;
- • either independently or with the help of an inspector, fill out a protocol.
Only then will the injured party receive compensation for damages. Thus, registering an accident in a parking lot is the same procedure as on a regular road.
The court explained which car collision is considered an accident
In itself, a collision between two cars is not a traffic accident. Therefore, the driver does not have an obligation to immediately stop the car, display a warning triangle and not move objects. And also do not leave the scene of the accident.
This unexpected conclusion was reached by the chairman of the court of the Nenets Autonomous Okrug while examining the case of citizen Medvedeva, who had previously been deprived of her rights for leaving the scene of an accident.
The following situations regularly happen in parking lots: someone tried to leave in a narrow space, accidentally hit a neighboring car, did not notice it and drove away. The owner of the damaged car calls the traffic police.
At the same time, an administrative case is opened against the driver who left for leaving the scene of an accident. Responsibility for this is provided for in Part 2 of Article 12.
27 of the Code of Administrative Offenses in the form of deprivation of rights for a period of one to one and a half years.
cameras revealed many fake OSAGO policies
A similar story happened with citizen Medvedeva. She was driving out of the parking lot in reverse, then straightened out the car and drove forward, when suddenly a signal sounded from behind. She stopped, a man approached her and said that she had run into a parked VAZ. Medvedeva inspected her car and the VAZ, saw no damage and left.
However, the witness reported the incident to the duty station. He met the owner of the parked VAZ as he came out of the store and told him about the collision. And in the evening, traffic police officers came to Medvedeva and drew up a report on failure to fulfill duties in an accident.
The magistrate's court found her guilty, despite statements that she did not hear the sound of a collision and found no damage to the cars, and deprived her of her license for a year.
At the same time, the court referred to the fact that the traffic police saw damage to the cars: a thread-like scratch on the rear bumper of the accused’s car and damage to the paintwork on the right front fender of the VAZ.
The Naryan-Mar city court also supported the conclusions of the magistrate. However, the chairman of the court of the Nenets Autonomous Okrug declared the decisions of the lower courts illegal. And here are the reasons. The magistrate's court found that Medvedeva, while driving her car in reverse, hit a stationary VAZ and then drove off.
The mere contact of cars with each other without the consequences specified in the rules cannot be classified as an accident.
This is confirmed by the evidence examined by the magistrate, and was not essentially disputed by Medvedeva. Although she stated that she did not hear a collision during the maneuver.
The traffic police revealed the position of all cameras for photo and video recording of traffic violations
Finding her guilty, the magistrate referred to the evidence available in the case file, namely: a protocol on an administrative offense, a diagram of the accident site, a certificate of the accident, as well as written explanations from the victim and the accused herself.
But the magistrate’s conclusions about the existence of a traffic accident, provided for by the Traffic Rules of the Russian Federation, were made without a comprehensive, complete and objective study of all the circumstances of the case in their entirety, based on the evidence presented by the traffic police.
According to paragraph 1.2 of the Traffic Rules, a traffic accident is an event that occurred during the movement of a car on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.
The interaction itself, the contact of cars with each other without the occurrence of the specified consequences, cannot be qualified as a traffic accident and the driver cannot be assigned the responsibilities provided for by the rules in case of a road accident, the chairman of the court indicated.
If touching the cars is not regarded as an accident, then the driver is not obliged to stop, put up a warning triangle and call the traffic police
At the same time, the protocol on the administrative offense does not indicate any consequences of Medvedeva’s car colliding with the VAZ. The VAZ owner's explanation does not contain any information that his car suffered any material damage.
Medvedeva herself denies damage to her car as a result of the collision. The accident report shows that the cars were damaged.
But neither the traffic police nor the magistrate determined the time and mechanism of formation of these damages: whether they were formed as a result of the collision or were on the vehicles before the collision.
It will be possible to register an accident on a smartphone
The fact that in this case no auto technical examination was carried out to determine the presence of correlated damage to the vehicles does not allow us to draw an unambiguous conclusion about the occurrence of a traffic accident involving them. The collected evidence is not enough to charge Medvedeva with leaving the scene of an accident.
Therefore, the chairman of the court of the Nenets Autonomous Okrug overturned the decisions of the lower courts and terminated the proceedings due to lack of evidence.
In general, to prove that an accident occurred, it is necessary that there was damage to the cars, and it is also necessary to prove that they resulted from the interaction of these cars.
Indeed, the traffic police officers and the victim only learned about the accident in this situation from the words of a witness. The victim did not make any financial claims.
The person at fault for the alleged accident also did not notice any damage to her car.
It turns out that the accident was made up out of thin air by the traffic police only on the basis of the testimony of a certain witness who, who knows what he saw, was not questioned by the courts.
Explanation of "RG"
Let us remind you in what cases a driver can safely leave the scene of an accident and nothing will happen to him for it. All of them are prescribed in the traffic rules and the law on compulsory motor liability insurance. Alas, drivers need to know the tenets of these documents. Because the traffic rules refer specifically to the law on compulsory motor liability insurance.
If only cars were damaged in the accident and no people were injured, then you can move the car to the side of the road and file an accident without calling the traffic police. That is, according to the European Protocol. Both cars must have MTPL insurance policies. In this case, no damage is caused to third parties. For example, none of the cars drove into the bump stop or cable barrier.
If car owners have no complaints against each other at all, then you can safely leave.
Source: https://rg.ru/2019/09/23/sud-obiasnil-kakoe-stolknovenie-avtomobilej-schitaetsia-dtp.html
How to file a minor accident in a parking lot
If the drivers can agree, there will be no need to formalize anything. For example, one driver scratched someone else's car with his bumper. The victim does not want to fill out documents, go to the insurance company and spoil the insurance statistics of the culprit. Then the conflict can be resolved on the spot.
Assess the damage. In this case, the participants assess the damage and the culprit gives the money to the victim on the spot. The law does not prohibit doing this.
Pay or take money from the culprit. If possible, pay through a banking app rather than cash. This will be an additional confirmation of payment.
Take the receipt. If you are the culprit and decide to pay on the spot, do not forget to take a receipt from the victim.
One copy for the victim, the other for the culprit. sample receipt
What to do if you hit a door in a parking lot. If a driver, getting out of the car, scratches someone else's car with a door, this is not an accident. Paragraph 1 of the traffic rules states that in case of an accident at least one vehicle must be in motion. This means that it will not be possible to register the incident as an accident. In this case, the drivers agree among themselves. For example, the culprit can pay on the spot and write a receipt.
How to determine who is to blame for an accident
If two cars collide in a parking lot, the one who broke the rules is usually to blame. We wrote about them above.
If the situation is ambiguous, be sure to call a traffic police officer - at the analysis group it will be clear who is to blame. If the result of the analysis does not suit you, take a break and consult with a lawyer. As a last resort, the decision can be challenged in court.
Igor Mirzoev, lawyer
There cannot be two innocent people in a traffic accident, otherwise it would not have happened. Someone was always less careful and made a mistake that led to a collision.
Another thing is that the traffic police inspector may issue a decision to refuse to initiate a case of an administrative offense due to the absence of a violation in the actions of the drivers for which one can be held accountable. This can happen when there are no victims in an accident, there are conflicting testimonies from both drivers, and there are no DVR recordings.
If one of the drivers is not satisfied with the inspector’s decision, the guilt of one of the parties and the extent of damage caused to the vehicle will have to be proven in court.
What is the fine for hitting a stationary vehicle - Administrative District
Unfortunately, the number of traffic accidents of varying severity on the country's roads is growing year by year. And one of the most common accidents, according to traffic police reports, is the collision of a vehicle with a stationary obstacle. And according to the law, in such cases it is important to properly file an accident in order to receive the required compensation for the damage caused.
1. Hitting an obstacle 2. Reasons for hitting an obstacle 3. Bringing the offender to justice - Criminal punishment - Administrative punishment - Event of minor significance 4. Registration of an accident when hitting an obstacle - Registration with a traffic police inspector - Registration without a traffic police inspector
What to do if during an accident in a parking lot the culprit disappeared
If someone scratched your parked car while leaving the parking lot and drove away, you will have to look for camera footage.
Find videos. Ask the security service of a shopping or business center. Or interview those who constantly park nearby - most often, these are employees of local offices. Perhaps someone's dash cam caught the culprit. If a car was scratched in the courtyard of a residential building and drove away, interview local residents - they may be witnesses.
Attach the recording to your police report. The police department will not accept a link to the file - burn the video file to a disk or flash drive and submit it along with the application to the police department.
If the culprit is found, in addition to compensation for damage, he will be punished for leaving the scene of the accident - deprivation of rights for up to 1.5 years or arrest for 15 days. Read about this violation in another article.
Remember
- In a parking lot, the driver gives way to another traffic participant if he is on the right or going uphill.
- If the driver leaves the yard, he gives way to others.
- In case of an accident, call the traffic police or fill out a European protocol.
- If the accident is minor, the culprit can set fire on the spot and take a receipt from the victim.
- If it is not clear who the culprit is, be sure to call the traffic police. This can be clarified during the analysis, or, as a last resort, go to court.
- If the culprit of the accident escaped, try to find camera footage and contact the police.
All articles by the author: Evgeniy Lesnov
Causes of collisions in parking lots
There can be many reasons for car damage in a parking lot. But here we can highlight the most probable, objective circumstances under which the risk of collisions increases many times:
- reversing;
- the presence of barriers, fencing and other obstacles;
- limited area for maneuvering.
Now let's take a closer look.
When driving in reverse
Agree, driving in reverse is more difficult in any case. Parking sensors and even modern Park Assist systems do not provide a 100% guarantee against collisions. The features of rear-view mirrors do not always allow you to accurately estimate the distance to objects, especially in conditions of poor visibility and lighting. Unfortunately, everything still depends on the skill and attentiveness of the driver. Colliding with infrastructure objects or other vehicles leads to an accident.
When the barrier gets in the way
Today, parking lots are equipped with systems with payment terminals and automatic barriers. Before entering the parking lot, you must pay for parking. Such systems have operating features. As a rule, terminals do not give change, barriers rise with a delay. This creates conditions for collisions, especially if you are in a hurry or inattentive. In this case, we can also talk about an accident.
Limited area
The big problem with our parking lots is the lack of space. If the site is organized in violation of GOST requirements, narrow passages do not leave enough space for safe vehicle maneuvering. In such conditions, a collision is also considered an accident.
Kick the door
The marking of parking spaces must take into account the dimensions of the vehicle, including cargo vehicles. The distance between the open door and the adjacent vehicle must be such that an average-sized person can walk. Art. 12.7 Traffic regulations prohibit opening doors if this interferes with other traffic participants.
In other words, if the door is “slammed” on a passing car or, conversely, while driving a stationary one, this is an accident. If the door of a stationary car was inadvertently opened and it also touched a stationary neighboring car, this incident does not apply to road traffic accidents. If the door is opened by a passenger, he is the culprit.
