Parking in the coastal zone fine. Beach disassembly

Denis Franov

So, consider the features of the violation of the regime of water protection territories. Water Code Russian Federation, st. 65 It states that the movement and parking lot of motor vehicles within the water protection zones is prohibited, excluding specially equipped plates with a solid coating. Violators are obliged to pay a penalty for parking at the reservoir in the wrong place, according to the regulations.

Several legitimate ways of location of personal vehicles can be distinguished:

on roads with solid coating
on special Plated platforms
outside the territory of water protection zones

If there is an asphalt coating near the reservoir or special parking, the cars are left here, and not near the picnic place, in reeds or on the beach, which seems very convenient for vacationers. This concerns the first two points.

Third - more difficult. What is a water protection zone, as painted in the Code, however, due to the fact that the identification signs are far from each reservoir, the drivers can not always correctly navigate.

The distance to which the car can approach the shore depends on the type of water branch.

For rivers and streams, the length of which does not exceed ten kilometers, the water protection zone is 50 meters. To rivers and streams from ten to fifty kilometers, it is impossible to approach closer than 100 meters.

If a we are talking about large rivers From fifty kilometers, an entrance to the coastline is limited to 200 meters. As for the seas and Lake Baikal, guarded by law, the band for them is 500 meters.

For lakes and reservoirs, the tolerance label is 50 meters, and for the channels the criterion is the width of the bandwidth. Meters are counted from the coastline or from parapet on the embankment. In turn, the distance of the sea water-protection zone is considered from the maximum point of the tide.

Dimensions of penalties for offenses

If earlier eyes were often closed on such violations (and do not keep track of everyone), then the phenomena for the parking lot in the reservoir in 2015 is real and ubiquitous.

According to the Codex on administrative violations, from the driver, crossed by the vehicle, the water protection zone is charged a fine of 3,000 to 4500 rubles. If the driver at the same time is an official, the size of the fine increases three times - from 8,000 to 12,000 rubles. And for legal entities, the Regulation provides for the imposition of sanctions in the amount of from 200,000 to 400,000 rubles.

The numbers are very impressive, so it is worth thinking once again before leaving the vehicle directly on the shore of the lake. Punishment for parking at the reservoir can beat off any hunt to ride the car on the beach.

How not to get to the penalty: signs of water protection zones and coastal protective strips

There is a completely natural question: as a person who has come to relax on the reservoir, learns that it is located in the territory of the zone protected by the state? The answer to it is in the same article 65 of the Water Code of the Russian Federation, which reads: the definition of boundaries and their installation on the ground is the task of the Government of the Russian Federation.

Near each reservoir must be appropriate information stands. Their purpose is to inform citizens about the special mode of coastal territories.

In all the time of the existence of the law (since 2010) there are quite a few such stands, however, to equip all reservoirs, including small rivers, failed. In this regard, the law-ability of drivers in this issue every year is becoming increasingly difficult.

By the number of penalties for parking at the reservoir, 2015 is at one of the first places. At the same time, the special activity of law enforcement agencies was not observed in the summer season, but during the winter spring.

About punishment for violations on railway moving.

Can I not pay a fine?

Parking in the wrong place at the reservoir - an administrative violation. But only if the boundaries of the pervolored space are clearly indicated and marked on the ground. No borders - no violation. Therefore, formally controlling bodies are devoid of grounds to charge a fine.

Since the beginning of this year, many perturbations have appeared at the fishermen of the Russian Federation about the penalty for the entrance to the water bodies on the car and the problem arising how to pull a large boat into the water and bring fishing equipment. There was a lot of frankly delusional articles on this topic, reading which you can easily get to the fine.

We will not reflect and discuss any articles on this topic, but sim simply analyze the current legislation and try to find out how to avoid a fine and is it possible. And you independently draw conclusions.

The story of the water protection zone

The concept of the water protection zone in Russia was introduced on July 2, 1936 by the decision of the CEC and SCC of the USSR. At that time it was introduced to protect the water bodies from cutting out forests. Next, over time, many amendments and changes were introduced, but they did not touch the fishermen, resting and tourists, and it lasted until 2006.

On April 12, 2006, the State Duma of the Russian Federation was adopted and signed by the President of the Russian Federation Putin of the Russian Federation, a new water code, which entered into force on January 1, 2007 and on which we all live now. (Federal Law of June 3, 2006 No. 73-FZ "On the introduction of the Water Code of the Russian Federation").

From this point on, in the Water Code, article 65 there was a ban on movement and parking of vehicles in the water protection zone, and the width of the water-protection zone appeared, but there were no serious fines.

In general, it sees that the problem of the water-protection zone is quite ancient, there were attempts to change it with individual deputies in the State Duma, even the amendments were made to discuss, but to no avail.

Video from discussion of amendments from 07.15.16 to the law on the water protection zone on the initiative of the deputy of the State Duma Syin O.V.

Is it possible to circumvent the law on the water protection zone

In the last half a year, again, he again funeral to a strong hype in the media and among bloggers, many articles and advice appeared on the topic as fishermen to bypass the problem of the water protection zone, we decided to deal with this topic and also learning this question carefully.

The government decree states that the boundaries of water protection zones and the boundaries of coastal protective bands of water objects are considered established from the date of information about them in the State Cadastre of Real Estate.

These two points and refer to many of the last online articles on the Internet and are offered as an option by bypassing this law and the way to avoid a fine.
The whole problem is that the designated width of the water-protection zone enters its border, while the established border in some cases can be significantly larger than the width of the prescribed law, for this and need signs and changes in the state cadastre, so if you are at a distance less than 50 - 500 The meters from the reservoir, the boundary of the water-protection zone you were unambiguously broken and get a fine, regardless of whether there are signs there or information in the real estate cadastre. The courts are also interpreted, examples at the end of the article.

Also, the lack of special information signs at the site does not exempt the citizen from complying with the requirements for environmental protection.

As we see options to avoid responsibility in violation of the boundaries of the water protection zone, if you have violated a penalty from 3 to 4,5 tr.

Nevertheless, sometimes it is possible to avoid responsibility, but in rare cases and only in court, read about it further.

How to avoid fine

Unfortunately, if the Inspector of Fisherokers and you are on a car or bike in the water protection zone, it is obliged to draw up a protocol and write a fine, otherwise it should be liable for non-fulfillment of official duties.

It is possible to avoid a fine in this situation only in court, and only in the presence of a good judge and gross mistakes of the inspector, but in reality it is practically not possible, it is worth trying to try, the more citizens begin to be sued, then it is possible to make any edits in law. A perfect administrative offense judge, a bodies, an official authorized to solve the case of an administrative offense, can free the person who committed an administrative offense, from administrative responsibility and limit oneself to oral remark.

From the decisions of the courts (at the end of the article references to them) refer to the absence of signs of indicating the boundaries of water protection zones, it does not make sense, because it does not cancel the composition of the offense and minimum borders Zones are installed in the Water Code in specific meters, here you can only complain separately on officials who had to install these signs.

Theoretically, if you drove to the reservoir to download the boat, and after that they wanted to drive down to a safe distance, this is an offense, but it has not fallen insignificantly and damaged, on the basis of this judge has the right to cancel the penalty, the inspector should be paid to the same item. As he, too, has the right to confine themselves to oral warning on the basis of Art. 2.9 Administrative Code. It should be indicated in the protocol and not recognize your guilt.

But if you drove up the river back on the SUV, began to ride water, wash cars and throw out the garbage, then this is no longer an insignificant offense.

In any case, the degree of insignificance will decide the court, and the fisher's inspector must prove the guilt and damage, so complicate this process to him and make it do it.

There are positive court decisions on the basis of these two points, if you wish, you can find on the Internet and see, however, this does not mean that your will be positive, but still the more vessels on this topic, the faster will make amendments to the water code and refinement to the existing law, so be sure to contact the court and do not agree with the protocol, but never indicate the inspector errors when it fills it, write about them in separate explanationwhich is attached to the protocol.

1 borders of water protection zones
2 Dizes of penalties for offenses
3 How not to get to the penalty: signs of water protection zones and coastal protective strips
4 Can I pay a fine?

In the summer, the rest of the reservoirs can often find parked cars of holidaymakers. Many of them drive up straight to the beach and even enter the water. At the same time, few people think about the legality of their actions. Meanwhile, according to the law, parking vehicles near the reservoirs is prohibited and punishable by fines. So, consider the features of the violation of the regime of water protection territories. Water Code of the Russian Federation, Art. 65 It states that the movement and parking lot of motor vehicles within the water protection zones is prohibited, excluding specially equipped plates with a solid coating.

Parking Pant

So, if the inspector ripped to you not to special equipment (in the law on the water protection zone, only the special equipment may be there, and this is a fire station, an ambulance, evacuator ...), and on the usual UAZ, which is just a service car, but not as special equipment, but That you need to take this hurker with his car photographing on the background of your car, it is desirable that it would be a piece of river in the ridge frame.

Since in the protocol, he will put the distance to the river from your car, and in the photo it will be possible to judge the distance from his car to the river. You can write in the protocol in the protocol that you do not trust the inspector measurement funds, because it stood next to you, and either You both were violators, or (aloud, if his measuring instrument is lying) both were not intruders, which you personally tend about, because the inspector, as a guardian of the law, cannot, in your opinion, consciously violate this law.

Parking near the river or lake - clarification

The width of the water protection zone of rivers or streams is established from their source for rivers or strengthening rivers:

up to ten kilometers - in the amount of fifty meters;
from ten to fifty kilometers - in the amount of one hundred meters;
from fifty kilometers and more - in the amount of two hundred meters.

Info

Width of the water protection area of \u200b\u200bthe lake, reservoir, with the exception of the lake, located inside the swamp, or lake, reservoir with aquatorium less than 0.5 square kilometeris set in the amount of fifty meters.

The width of the water protection zone of the reservoir located on the watercourse is set equal to the width of the water-protection zone of this watercourse.

Lawn or non-lawn: That's the question. Part 2. Parking fines on the lawn.

If an official, to pay from 8,000 to 12,000 thousand.

If legal - 200-400 thousand rubles. The size of the fine may vary depending on the severity of the violation.

There are drivers who are not just approaching the water, but also almost stop the car right on the water.

Such a violation deserves the maximum fine. If the machine was left relatively far, you can count on minimal punishment.

It is worth remembering that in some cases it is possible to stop the car right on the shore, if it is provided - a solid asphalt road is laid, in this case, law enforcement fines cannot be written.

Attention

So that there were no problems with representatives of the law in place, it is better to find out the length of the river that you visit if the trip is provided for this type of water.

It is important to remember that there is a fine and for the construction of a fire in the summer.

Beach disassembly. Parking Pant

Pollution of the territory of the city of Moscow, related to the operation and repair of vehicles, washing vehicles outside of specially designated places, parking on the carriage of the courtyard territories that prevents mechanized cleaning and export of household waste, as well as the placement of uncomplete vehicles regardless of their location, except for specially Allowed for this place, - leads the warning or imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; on officials - from five thousand to ten thousand rubles; on legal entities - from ten thousand to twenty thousand rubles.

Parking penalty in the water protection zone

Within the boundaries of water protection zones (and coastal protective bands) are prohibited: 1) use wastewater for fertilizer soil; 2) placement of cemeteries, cattle borons, disposal sites of production and consumption, radioactive, chemical, explosive, toxic, poisoning and poisonous substances; 3) aviation measures to combat pests and plant diseases; 4) traffic and parking of transport means (except special vehicles), except for their movement on roads and parking on the roads and in specially equipped places having a solid coating.

Thus, according to the water codes, for example, on reservoirs, in the absence of such equipped standings (and roads), you can put cars not closer than 200 meters from the water.

On other reservoirs - can be determined based on the above limitations.

Dejaculate the law about finding the car on the shore of the reservoir?

According to the Codex on administrative violations, from the driver, crossed by the vehicle, the water protection zone is charged a fine of 3,000 to 4500 rubles.

If the driver at the same time is an official, the size of the fine increases three times - from 8,000 to 12,000 rubles.

And for legal entities, the Regulation provides for the imposition of sanctions in the amount of from 200,000 to 400,000 rubles.

The numbers are very impressive, so it is worth thinking once again before leaving the vehicle directly on the shore of the lake.

Punishment for parking at the reservoir can beat off any hunt to ride the car on the beach.

In the presence of storm sewers and embankments of the coastal protective bands of these aqueous objects coincide with the parapets of embankments, the width of the water protection zone in such territories is set from the Parapet of the embankment.

The width of the water protection zone of rivers or streams is installed on their source for rivers or strengthening rivers: 1) to ten kilometers - in the amount of fifty meters; 2) from ten to fifty kilometers - in the amount of one hundred meters; 3) from fifty kilometers and more - in the amount of Two hundred meters.

For the river, the stream of less than ten kilometers from the source to the mouth of the water protection area coincides with the coastal protective strip.

The radius of the water protection zone for the origins of the river, the stream is set in the amount of fifty meters.
In the last article of the series "Lawn or Non Lawn: That's the question" we found out what a lawn is. Today, we will continue to consider this issue and talk about what fines are provided for parking on the lawn.

I note at once that except the penalty for parking on the lawn in 2018 can write a penalty for accommodation vehicle on green plantings.

Green plantings - wood-shrub and grassy vegetation of natural and artificial origin (including urban forests, parks, boulevards, squares, gardens, lawns, flower beds, as well as separate trees and shrubs).

But it is so, by the way. Having passed the many regulatory acts, I can say that the parking penalty on the lawn depends on the city in which such parking was produced.

For Moscow - more expensive, and, for example, for Ryazan - cheaper.

How can I put a car at the reservoir in 2018

In the absence of the embankment width of the water protection zone, the coastal protective strip is measured from the location of the coastline (the boundaries of the water object). The prohibition within the boundaries of water protection zones is prohibited, among other things, the movement and parking lot (except for special vehicles), with the exception of their movement on roads and parking on the roads and in specially equipped places having a solid coating, as well as washing vehicles.

Under the road is understood as the road - equipped or adapted and used for the movement of vehicles strip the Earth or the surface of artificial structures.

The penalty for the parking lot or car wash at the river use by citizens of the coastal protective strip of the water object, the water-protection zone of the water object with a constraint violation entails responsibility for h.

Reading time: 2 minutes.

Fine traffic police for parking at the reservoir. Parking rules at rivers and lakes in 2020.

The traffic policeman for parking near the reservoir in 2020 is

3000-4500 rub.

Article 8.42.1 Administrative Code of the Russian Federation

For the left car on the coastal protective strip around the river, the lake or other reservoir on the driver can be an administrative protocol, because he broke part 1 of Article 8.42 Administrative Code of the Russian Federation:

The use of the coastal protective strip of the water object, the water protection zone of the water object with a violation of restrictions of economic and other activities entails the imposition of an administrative fine on citizens in the amount of from three thousand to four thousand five hundred rubles; on officials - from eight thousand to twelve thousand rubles; On legal entities - from two hundred thousand to four hundred thousand rubles.

Where can I put a car to parking on the shore of the reservoir?

Width of the water-powder zone for rivers, streams, canals, lakes, reservoirs, which are located outside the cities, villages and others settlementsdepends on the border of the water object. It depends on the source of rivers or streams, for example:

if the river or stream has a length of 10 kilometers - then the width of the water-powder zone is fifty-meters;
from ten to fifty kilometers - in the amount of one hundred meters;
from fifty kilometers and more - in the amount of two hundred meters.

It turns out that it is possible to park your car on the banks of the Volga or Kama at a distance of 200 meters.

There are exceptions. For example, if the reservoir has a special valuable fisheries, it is spawning sites, feeding, fishes and other water biological resources, then in any case, regardless of the slope of the adjacent lands, the width of the coastal zone will be 200 meters!

If you are looking for a car parking within the city, villages or villages, it is necessary to consider that in the presence of centralized storm systems of drainage and embankments, the boundaries of coastal protective strips coincide with the parapets of embankments. The width of the water protection zone in such territories is established from the Parapete of the embankment.

If the waterfront is not, then the width of the water protection zone, the coastal protective strip is measured from the location of the banks of the river or lake.

Signs of coastal zone

What is water protection zones? Their concepts are disclosed in becoming 65 Water Code of the Russian Federation. These are areas that are adjacent to the coastline - the boundaries of the water site: seas, rivers, streams, canals, lakes, reservoirs. The concepts of "water bodies" also fall on which the special regime of economic and other activities is established. This is done to prevent pollution, clogging, having to decrease these water bodies and depletion of their water. In this case, the habitat of water biological resources and other objects of animal and plant world remains.

What is forbidden to drivers of any vehicles in the water-coholar zone?

Movement and parking of vehicles (except for special vehicles), unless cars and other transport moves or not parked in specially equipped places having a solid coating - asphalt, for example;
Place gas stations, warehouses of fuel and lubricants (except for cases, if gas stations, warehouses of fuel and lubricants are placed in the territories of ports, shipbuilding and ship repairing organizations, inland waterway infrastructure, subject to the compliance with the requirements of the legislation in the field of protection ambient and water code), stations maintenanceused for technical inspection and repair of vehicles, carrying out car wash.

All, sometimes, want to relax in nature near the reservoir. But sometimes they forget that they can harm her with negligence. For example, when driving a car straight to water off the coast of rivers and lakes, oil can flow from cars, etc. Even a small oil stain equates to environmental catastrophe. In this regard, local authorities in Moscow and other regions of the Russian Federation have taken measures to protect environmental. The violation of these rules is equal to administrative responsibility, and punishes the imposition of fines.

Pottery for parking cars at the reservoir

What a fine give for a car near the reservoir? Now there are quite a few such citizens who allow themselves to drive up directly to the reservoir in their car, do not shy resting and even the authorities. But not all of them know that for this act can be fined, because it leads to the application of administrative responsibility. In other words, you can get a penalty for the parking lot of cars at the reservoir.

This article discusses which laws are guided by the bodies that write out the fines for the parking lot near the water, the size and timing of payment, and is it possible to avoid them.

Pottery for parking cars at the reservoir

Regulatory framework, the amount of punishment, who registers

The parking penalty in the water-protection zone of 2018 is governed by the following regulatory acts and laws:

art. 65 of the Water Code of the Russian Federation;
art. 8.42 Administrative Code;
resolution No. 17 of January 10, 2009;

On a note!It is easier to explain this: "Movement in the water protection area near the reservoirs without the presence of specially designated roads or sites in a given area, the territories provided for the vehicle parking is prohibited. It is allowed to travel or move near water-based terrain only special technique for these zones. "

Referring to the content of Article 8.42 of the Administrative Code of the Russian Federation, the violator of the order threatens the use of penalties in size:

3000-4500 rub. * Physicians;
8000-12 000 rub. officials;
200 000-400 000 rub. Jurlians.

Important! At the same time, Article 8.13 of the Administrative Code of the Russian Federation regulates the procedure for applying punishment to those violators who decided to wash the car at the reservoir or directly in it, polluted the coastal and water zone. Thus, applying environmental harm to the reservoir - lake, pond, its inhabitants and violating the environmental code.

The penalty for the parking lot in the reservoir has the right to apply the organs of state supervision in the field of environmental and use:

Rosprirodnadzor. Deals with the consideration of cases of administrative violations;
Ministry of Internal Affairs of the Russian Federation. The violation is recorded, make up the protocol and are directed further to Rosprirodnadzor.

According to the water codes, it is allowed to be parked only in a special parking space in watercourse, a solid coating reservoir, including roads with a solid coating near the water, or behind the territory of the water-protection zone.

Important! Motorists, if there are no corresponding signs, it remains only to be guided common rules Russian parking, according to those signs that are installed.

Reserved parking space

What to do if such a fine came

The penalty for violating the water-protection zone has the right to write down and notify about him and representatives of the confirmation bodies, i.e. the police. The protocol is drawn up according to Article 8.13 and 8.42, as well as Art. 28.3 Code of Administrative Code. According to Art. 23.25 COAP of the Russian Federation to finf and give a violator receipt for payment can authorities of the region, which are authorized to monitor the order at the water protection zone.

It is very important that the protocol is made correctly, competent, in accordance with the specified articles in the legislation. If the article is incorrectly applied, it will be possible to refute in court.

On a note!What if a citizen got such a fine? First you should not argue with a police representative or bodies who have the right to write such fines, and it is better to recognize their guilt in violation. This will help soften the punishment.

For the violator there is a commitment to the finance. You can pay for both MFC and online from the State Service portal, in any branch of banks. It is worth reminding that according to Art. 32.2 Code of Administrative Offenses of the Russian Federation, if you pay a fine at the 20th day from the date of receipt of the fine, then you can pay only half of the total amount, that is, to save 50%. This law was adopted 01/01/2016.

Many violators are thoughtlessly stubborn, refusing to pay the penalty for illegal finding a car near the water. However, this is not quite the right position. If the violator does not agree with the punishment, then you can try to appeal it. If this does not give a result, then there is a period established by law in 20 days to pay a penalty of 50% cheaper than it is. Otherwise, if you ignore the punishment at all, you can charge additional sanctions in the amount of from 1,000 to 2,000 rubles.

Purpose of fine

How to challenge the imposed penalty

The penalty for parking at the reservoir can be challenged, but no one gives warranty that the case will be advantageous. The law does not limit the violator in an attempt to defend its rightness in the judicial authority, if he disagrees with the actions of an official. There is ten days from the date of receipt of the violator to appeal against the violator when it can send an application to the relevant authorities.

First of all, such a statement should be sent to the Head of the Department, where the employee who has written out a fine is working. But one statement is not enough, it will be necessary to attach a number of important documents that can appear in the case, as evidence of unlawful actions of the employee. If the driver is confident that he took a distance from the reservoir according to the law, it does not prevent the photo with the display of the tape of the pattern, where the distance from the reservoir to the car will be seen.

Important! What else can you be guided by challenging the punishment? Since the duties of local authorities include an indispensable installation of special distinctive signs indicating the water-protection zone, but there is no place in this mete, then we can conclude: there are no signs - there is no violation. This position complicates a little complicates the order of challenge a fine, but has the right to exist.

Appeal of a fine traffic police

Since the parking lot at the reservoir is equal to administrative punishment, then appeal occurs when complying with such rules, namely:

decision on the intention to challenge the fine;
photo spixing of the area with cars;
in the content of the application, the claim is concluded in short and in fact, references to articles in law are welcome;
direction of the package of documents into the competent authority.

Consideration of such applications occupies for a while, but should not be more than ten days. If the desired result could not be achieved, then the next step will be the direction of the claim for the court to open production.

Note! In this case, administrative proceedings will be opened.

Changes in legislation

To date, changes in the legislation regarding violations of the water protection zone and the size of the machine is not planned. However, the authorities do not stop improving the order of the marked rules, based on how much the local evidence of water bodies changes, as well as how often such violators detect.

How to avoid a fine

If you know how many meters from the water you can put a car, the penalty for parking at the river will be avoided. As a rule, in such places a special sign is established, which indicates the boundaries of the water-protection zone. This zone directly depends on the width of the reservoir itself:

rivers up to 10 km long - from 50 m;
rivers up to 50 km long - from 200 m;
lakes - from 50 m;
sea - from 500 m.

Interesting!The obligation to accommodate special signs in water bodies with a protected area lies with the conscience of the state authorities. But, unfortunately, not all the corresponding signs on which visitors could have come to that visitors could navigate. This is often an unconscious violation of drivers, because they will not walk with a meter tape and measured the distance from the water to the car.

In order not to become a violator of the ecology of water bodies and not run into a fine of local authorities, it is necessary to lead such rules:

pay attention to the presence of special watermarks that should be in each water protection zone. If not, it is better to adhere to the maximum allowable mark value. For this information, you can refer to Decree No. 17;
if a person wants to relax by the river, you need to leave a car 50 meters from the shore line; If by the sea, then for 500 m;
in art. 65 Water Code of the Russian Federation describes in detail the procedure and rules of parking at the water protection zone. A car wash in the reservoir, maintenance and installation of such equipment is subject to strict punishment.

Important!Ignorance of laws does not exempt from responsibility, so it is better to ask and get acquainted with these nuances before going to nature. In addition to the Water Code of the Russian Federation, it is also possible to be guided by the general rules of the road, so that rest in the midst of fun was not spoiled by the police fine. In any case, it is not necessary to verbally arguing with an employee of the authorities, even if he reflected a fine. This can be done in a legitimate order.

* Rates are relevant for October 2018.