BiH CITIZENS IN SERBIA ILLEGAL blocks VEHICLE PARKING

The car can not be blocked nor moved for non-payment of parking. To make the car were placed "fox" or what was taken away, "spider", there must be a warrant issued by a traffic policeman, but only on condition that the vehicle is illegally parked or endanger the normal flow of traffic, and not if the time period for parking in the parking lot claim from the law office "Sajić",

On the occasion of tenth complaints from citizens of the RS who have received penalties for non-payment of parking in Serbia, lawyers from the law firm "Sajić" analyzed the laws in Bosnia and Herzegovina and Serbia and assessed that it is completely illegal blocking cars and punishing drivers for timed parking at a designated parking place in both countries, although this city and municipal authorities insisted for years conducted.

"Harassment and bullying that RS citizens experienced in recent months from domestic and foreign law firms that threaten" draconian penalties "for non-payment of parking in the Republic of Serbia has not been established and must cease immediately," warns law firm "Sajić", and called on the Ministry of Interior of the Republic of Serbian to protect its citizens.

"Parking service" is not empowered to punish

The practice in neighboring Serbia is to drive in the parking lot which has expired lease space left charity penalties, which actually represent penalties for neplaćaje parking, because instead of the price difference of citizens charged 10 times higher amount.In particular, if you have an hour in the parking paid 1 KM, and in fact you stay three hours, charity ticket should cost 2 KM. However, it is about 10 times as much, which is in fact the penalty for non-payment of parking. Lawyers also warn that this practice does not have the legal regulations, and that "Parking service" has no authority to punish citizens. "In the case of non-payment of parking, the company 'Parking Servis' has the right to charge for the time is exceeded. In the event that it does not pay, 'Parking Service' is entitled to charge in court account of you, with interest and court costs. However, 'Parking Servis' has no right to issue an extra payment card, because it is a punishment, and he is not legally entitled to it.

The right to charge penalties have national authorities empowered by law to the authority, not the city or municipality on the basis of their decisions, "they say, recalling that public companies are authorized by the City, but the decision of the city authorities can not be above the law and have no legal nor constitutional basis for the punishment of non-payment of parking.

The laws do not recognize non-payment of parking as an offense

The Republic of Serbia is parking regulated by the Law on Road Traffic Safety, which does not provide for the offense of non-payment of parking services in a specified period, nor can the other general acts classified surcharge ticket as a misdemeanor. Non-payment of parking is not mentioned in the Criminal Code, nor the Law on Misdemeanors."The police are not competent, nor to check whether you have paid parking, if you are parked at a designated place for parking. The police do not issue an order to remove the vehicle from the place marked for parking if you ran out of time or you have not paid / extend parking, "warns law firm" Sajić ".

Citizens can demand their rights in court

If you still happen to you "Parking Services" in Serbia without a warrant officer block or remove the vehicle, it should be reported to the police and take the certificate of registration or theft lock so you can get the material and immaterial compensation. Five years ago the Constitutional Court of the Republic of Serbia ordered the charity cards are not issued, because this practice is illegal. "A particular problem is the charity card is written to the owners of vehicles that maybe is not steering the vehicle that day, and in court to prove that just car owners.

Also, the driver is not charity map presented in person, but is placed on the car (usually under towels), and the law does not recognize that kind of submission, but this method of delivery provided the city (municipal) decision which facilitates the job controller and therefore should be above the law "warning, and note that a penalty may be charged only by state authorities, as" Parking service "is not.

The same problem in Banja Luka

Drivers do not have these problems only in Serbia, but also in Banja Luka. Law on Road Traffic Safety Repšublike Serbian prohibits parking on streets, green spaces, sidewalks and the like, but does not mention the non-payment of parking as an offense, which does not appear in other laws regulating traffic.

City of Banja Luka is this area regulated by the Decision on traffic safety, which states that municipal police officer has the right to block, and to leave hooked account the vehicle or the record of municipal police officers, money order for payment of fees and the like, as much as it is a vehicle which is not paid parking or is on the reserved parking lot. "Decision of the City of Banja Luka sentence is defined as 'compensation', however logical interpretation of these provisions, it is concluded that this fee is in fact a penalty for non-payment of parking.

Of course, the decision was made on the basis of Article 2 of the Law on Road Traffic Safety of Bosnia and Herzegovina, which stipulates that local self-government in towns and municipalities ensure the implementation of this law and within its authority to issue regulations and take all other necessary steps for its consistent implementation. However, this article does not give the opportunity to the local administration to prescribe offenses and penalties for certain types of driver behavior, "the lawyers.

• 22 Aug, 2016
• 3553 views