Motorists were reminded of their responsibility for faulty alarms.
Regular and gratuitous triggering of a car alarm can be qualified as a violation of the law on silence and entail administrative, and in some cases, civil liability for the owner of the vehicle. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on April 24.
He clarified that the alarm system refers to the equipment of the car, and the owner is obliged to monitor its technical serviceability. In accordance with Article 16 of Federal Law No. 196-FZ "On Road Safety", the vehicle owner is responsible for maintaining the vehicle in good condition, including security systems.
"A violation of silence is defined as exceeding the permissible noise level at night. According to sanitary standards (SanPiN), the noise level should not exceed 45 dB at night. If the alarm is triggered during the night period established by regional legislation, this may be regarded as a violation," the expert explained.
In different regions of the Russian Federation, night time is defined differently. For example, in Moscow it is set from 23:00 to 7:00, and in the Moscow region — from 21:00 to 8:00 on weekdays and from 22:00 to 10:00 on weekends. Fines are provided for violation of silence, which for citizens can reach 5 thousand rubles.
In addition to administrative responsibility, Vasilchuk added, the owner of a faulty alarm system may be brought to civil liability. In accordance with art. 1064 of the Civil Code of the Russian Federation, damage caused to a person or property is subject to compensation.
Also, if the unreasonable triggering of an alarm caused moral harm — for example, sleep disorders, stress or anxiety among citizens — the victim has the right to demand compensation in accordance with Art. 151 of the Civil Code of the Russian Federation. At the same time, the lawyer noted, it is important to take into account that liability occurs only in cases where there are no objective reasons for the alarm, such as an attempted burglary or an emergency situation.
On April 20, Yaroslav Nilov, head of the State Duma Committee on Labor, Social Policy and Veterans' Affairs, proposed obliging inspectors of the Traffic Patrol Service (DPS) to check cars in the parking lot for the disabled with the Federal Register of the Disabled, rather than relying solely on a sticker with the sign "Disabled". He recalled that according to current regulations, the right to free parking arises only if the car has an identification mark "Disabled" and the data about the car is entered into the state information system "Unified Centralized digital Platform in the social sphere."
Переведено сервисом «Яндекс Переводчик»