Act No. 2109-19 with 26.10.2017 receives legal force.
Adopted by the Verkhovna Rada and the President signed a Law of Ukraine “On amendments to some legislative acts of Ukraine concerning strengthening of responsibility for Parking, stopping, Parking of vehicles on areas designated for persons with disabilities” October 26, 2017 comes into effect. This document changes the responsibility of drivers for wrongful occupation of Parking spaces for persons with disabilities and the use of identification mark “disabled person” on the car, and sets new requirements for the creation of spectest in Parking lots.
What changes the new law?
Introduces liability in the form of a penalty for groundless stop or Parking of vehicles on the places marked (marking 1.30, plate 7.17). If the driver does not have documents, confirming the existence of a disability, he does not carry disabled passengers, or he’s not (according to the text of the law) “clear signs of disability” – a fine of from 1020 to 1700 UAH. Similar to the size of the penalty is provided for wrongful use of the car identification mark “disabled person”.
Note that “fined”, i.e. to make adminprotokol for these violations, the new law also gives the right “members of public organizations of persons with disabilities”. In addition, if the patrol officer determines that the vehicle is parked so that it “violates the rules of stopping and Parking on places for disabled persons or persons transporting disabled persons” can be applied temporary detention of such vehicle (for example, by setting the lock), or “delivery vehicle on a special platform”, i.e., forced evacuation of the car. The cost of transport of TS – 720 UAH, each day of storage – 144 UAH.
The changes will concern also the developers, owners or tenants of Parking space. Now, according to this law, all Parking lots (except those which are located within individual houses) it is necessary to allocate at least 10% seats of the total number for free car Parking for persons with disabilities, but not less than 1 of such places. Ignoring this requirement is a penalty for responsible persons, ranging in size from 1020 to 1700 UAH.
To create conditions for persons with disabilities – the intention is justified and necessary. But, in any case, the extension of rights to some citizens should not infringe upon the rights of others. The law, which will enter into force, raises a number of questions, the answers to which, unfortunately, we have not yet received, by formal request to the Department of the patrol police. So, the main points, the implementation of which in practice requires clarification of the following:
– as the patrol police will come with the car occupying speciesto if there is no driver and no identification sign “disabled” in the car? Will definitely be called a tow truck (or applied blocker) for such a vehicle and to be reported?
– will act as a patrol, if the driver of the car occupying speciesto, has at itself documents on disability and had “no obvious signs of disability”, but reports that brought the disabled, for example, in the airport or the station where the passenger-the invalid continued on other forms of transport?
– regarding the “misuse of vehicle identification mark “disabled person”. In the case of, for example, when a father disabled with appropriate signs to his car, gave him the use of the son (not disabled), will patrol to classify “the legitimacy of the use of the mark” and apply the norm of part 5 of article 125 of the Cao in this situation?
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