With the onset of cold weather, almost every driver faces the need to warm up the engine before a trip. Especially if the car spends the night in the open air in the yard. However, not everyone knows that for prolonged engine warm-up in a residential area, you can get an administrative fine.
Penalty for warming up a car - is this really possible?
The answer is yes, theoretically you can be fined, but it's not that simple.
When Engine Warm-Up Becomes a Violation
According to paragraph 17.2 of the Traffic Regulations of the Russian Federation, parking with the engine running is prohibited in a residential area. This is the basis for a possible fine.
However, it is worth considering the definition of the term "parking" itself.
"Parking is the intentional cessation of movement of a vehicle for more than 5 minutes for reasons not related to the boarding or disembarking of passengers, as well as the loading or unloading of the car."
Simply put, if the engine runs for less than 5 minutes, the driver is not breaking the law. Everything that fits into this interval is considered a stop, not parking.
What if there is no "Residential Area" sign in the yard?
Many drivers think that if there is no sign 5.21 "Residential Area" in the yard, then the requirements of paragraph 17.2 of the Traffic Regulations do not apply. This is a misconception.
Paragraph 17.4 of the Traffic Regulations of the Russian Federation directly states that the rules established for a residential area also apply to courtyard areas. That is, even without an installed sign, the fine may be legal.
Amount of Fine for Parking with the Engine Running
Responsibility for such a violation is provided for in Article 12.28 of the Administrative Code of the Russian Federation.
- In most regions, the fine is 1500 rubles.
- In Moscow and St. Petersburg - 3000 rubles.
If you pay within 30 days, a standard 25% discount applies, that is, you can pay 1125 or 2250 rubles, respectively.
How Often Are People Punished for Warming Up in the Yard?
In practice, such fines are rare. Traffic police inspectors do not specifically search for violators, do not patrol yards, and do not monitor parked cars with running engines.
However, precedents still occur. Almost always, the initiators are dissatisfied neighbors who are annoyed by the noise or exhaust fumes.
Real Case from Practice
A driver who was fined for parking with the engine running in the yard contacted a law firm.
He parked under the windows of a residential building, started the car, and walked away for a short time. One of the residents living on the first floor complained that the exhaust smelled in the apartment and called the inspectors. As a result, the driver was fined under Article 12.28 of the Administrative Code of the Russian Federation.
Similar stories are common - in almost all cases, the reason is complaints from residents, not the initiative of the traffic police.
Why Such Fines Are Difficult to Issue
To bring a driver to justice, inspectors need reliable evidence. And this is where the difficulties begin.
- Who started the engine? You need to prove that it was the car owner who turned on the engine. If the car is equipped with auto-start, it is almost impossible to do this - the driver can simply say that the engine started automatically.
- How long did the engine run? According to the law, a violation occurs only after five minutes of continuous operation. To prove this, you need a video showing smoke coming from the exhaust pipe during this time. In reality, such recordings are rare, and without them, the fine is easily challenged.
- Driver's explanation. Even if the inspectors arrive at the scene, the driver can say: "The engine ran for only four minutes, then I turned it off." In this case, it is impossible to refute his words, which means that drawing up a protocol will be illegal.
Due to these nuances, the evidence base almost always turns out to be weak, and most of these fines are easily overturned in court.
Why Do Neighbors Still Complain?
The main cause of conflicts is long morning warm-ups under the windows. Especially annoying are old diesel cars that rattle loudly and emit clouds of smoke. Residents believe that such cars pollute the air and interfere with sleep, and therefore often call inspectors.
Formally, such complaints are justified: the Traffic Regulations do prohibit parking with the engine running. But if the driver does not exceed the five-minute limit, he is within the legal field.
How to Avoid Problems
To avoid getting into an unpleasant situation, drivers should follow simple recommendations:
- Do not leave the car running for more than 5 minutes in the yard or near the house.
- Use auto-start with a timer so that the engine automatically shuts off after a short warm-up.
- Move away from residential buildings for longer warm-ups, for example, to the nearest roadway or parking lot.
- Do not conflict with neighbors - even if you are sure of your rightness, it is better not to create a reason for complaints.
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