Publication date: 09.06.2024
Liability of drivers for violation of parking rules: legal regulation and practice
Introduction
Violation of parking rules is one of the most common problems in cities, causing significant inconvenience to other road users and creating potential dangers. In Ukraine, the issue of administrative liability for parking violations is regulated by a number of legal acts. In this article, we will review the main aspects of legal regulation and practice of driver liability for parking violations.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The Code of Administrative Offenses of Ukraine contains provisions establishing liability for violation of parking rules. Article 122 of the Code of Administrative Offenses provides for the imposition of fines for parking and stopping vehicles in prohibited areas.
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The Law of Ukraine "On Road Traffic"
The Law of Ukraine "On Road Traffic" regulates general traffic rules, including requirements for parking and stopping vehicles. In addition, this law defines the powers of the authorities to control compliance with these rules.
Parking rules
General requirements
The Traffic Rules of Ukraine establish clear requirements for parking and stopping vehicles. In particular, it is prohibited to park on sidewalks (except in specially designated places), on pedestrian crossings, near public transport stops, in places where it creates obstacles for the movement of other vehicles and pedestrians.
Special zones and places
There are special zones where parking is prohibited or restricted under certain conditions. For example, paid parking zones, parking zones for people with disabilities, and zones for company vehicles. Violation of parking rules in such zones may result in more severe sanctions.
Administrative responsibility
Penalties
The main type of administrative penalty for parking violations is a fine. The amount of the fine depends on the nature of the violation and can vary from UAH 255 to UAH 1700. In some cases, such as parking in spaces for people with disabilities, fines may be higher.
Vehicle evacuation
In case of gross violations of parking rules, when the vehicle creates significant obstacles to traffic or a threat to safety, the vehicle may be forcibly towed to the impound lot. The driver is obliged to pay a fine for the violation and the costs of towing and storing the vehicle.
The procedure for appealing against fines
Filing a complaint
A driver who does not agree with the fine imposed has the right to appeal it. The complaint can be filed with the administrative authority that issued the fine or with a court. The complaint must be filed within 10 days from the date of receipt of the decision.
Court proceedings
If a complaint is filed with the court, the case is heard with the participation of the driver and representatives of the administrative body. The court may take into account various circumstances, including possible violations of the procedure for recording the violation and drawing up the resolution.
Application practice
Efficiency of control
Practice shows that monitoring compliance with parking rules is an important aspect of maintaining order on the roads. The introduction of automatic systems for recording violations, an increase in the number of inspectors, and higher fines help to reduce the number of violations.
