That’s why a drive in the woods can result in a large fine
It is allowed to enter the forest by car?
So, the season of barbecues, relaxing by the water and mushroom hunting is in full swing. Of course, in our age of the car, many go into the forest on foot. We are already so accustomed to his four-wheeled iron horses that are unable to part with them even when going to the store, located near the house. What can we say about a country pastime.
So with the start of summer, many motorists go camping in their cars, but forget that often enter the forest by car, motorcycle or even an ATV is strictly prohibited. Alas, they will know about it only after receiving a large fine. But don’t worry, the ban on visits to forests behind the wheel of a car is not always present. We explain when you can drive through the woods legally.
So is it possible to enter the forest by car or not? A clear answer, unfortunately this question is no. Don’t forget, we are not in Europe or in the US, where much less of the contradictions in the current legislation. We are all, as always, confusing and vague. As they say, without a bottle will not understand.
The fact is that the movement of vehicles in a forest is not governed by one Federal law. In the end it all depends on what wood you want to call, in what region, and on whether the district where the forest, restrictions on visits to forests, citizens, and a complete ban on entry into the territory of the forest any transport due to unfavourable fire situation.
The worst thing, according to the current legislation, in our country, ignorance of the law is no excuse. So if you break the law unknowingly and get into the woods where prohibited, you risk running into a large fine.
So, in some cases, however, the law expressly prohibits the movement of vehicles in the forest? Let’s order.
In accordance with article 53.5 of the Forest code of the Russian Federation, bodies of state power, bodies of local self-government within its authority shall have the right to impose restrictions on the stay of citizens in woods and entrance to them of vehicles to ensure fire safety in forests.
That is, the local authority may at any time due to adverse fire situation to impose a ban on entry of vehicles in a forest (into the forest).
For example, each area or region of the Russian Federation may, at its discretion, to impose a temporary prohibition on entry of vehicles into the forest. If you enter by car into the woods in an area where there is a ban, it will violate the law and can be brought to administrative responsibility under article 8.32 of the administrative code (Violation of fire safety rules in forests). Depending on the type of violation article 8.32 of the code of administrative offences provides for a fine in the amount from 1 000 to 5 000 rubles.
Under part 3 of the same article 8.32 of the administrative code violation of fire safety rules in forests in the context of the special regime of fire safety shall entail imposing a fine in the amount from 4 000 to 5 000 rubles (the fine for citizens – physical persons).
If the offender will be official, the fine will be from
20 000 to 40 000 rubles. Legal entity for non-compliance will have to pay from 300 000 to 500 000 rubles.
So, before heading into the woods, check in advance whether the area to find the forest a special regime of fire safety, the authorities of the region/district temporarily restrict the movement of any transport in the forest.
Unfortunately, many municipalities, to err, usually, without thinking, impose a similar ban on the entry of transport in the forest from spring till autumn. As a result, all summer in many Russian forests, a ban on the movement of vehicles. And as you can see, what you do not know about, does not release you from a large fine.
Although it should be noted that according to the order of Ministry of Russia from 06.09.2016 No. 457 “About approval of the procedure of restriction of stay of citizens in woods and entrance to them of vehicles, carrying out in woods of certain kinds of works to ensure fire safety in forests and Procedure for the restriction of stay of citizens in woods and entrance to them of vehicles, carrying out in woods of certain kinds of work, to ensure sanitary safety in forests” the restriction on the stay of citizens and vehicles in the forest for fire safety may not exceed 21 days. But this order does not stop local authorities who, in conjunction with local emergency service simply imposes a restriction on the movement of vehicles in the forest.
What is the special fire-prevention regime?
According to article 30 of the Federal law from December 21, 1994 № 69-FZ “About fire safety”, in the case of increasing the risk of fire authorities, including local government, can establish a special fire mode.
Should the government warn the public about the ban on entry of vehicles in the forest?
Yes, according to the order of Ministry of Russia from 06.09.2016 No. 457, with the introduction of restrictions on the stay of citizens in woods and entrance to them of vehicles must be carried out the following activities:
- – Set on the borders of the territory, which imposed such a restriction, warning boards of size not less than 1 x 1.5 meters with information on the introduction of appropriate restrictions and period of validity
- – Overlapping gates forest roads
- – Creating system checkpoints
- – Other measures to ensure restrictions of stay of citizens in woods and entrance to them of vehicles, and also carrying out in woods of certain kinds of works to ensure fire safety in forests.
That is, when we enter the forest, we in principle have to warn signs on the prohibition of movement of transport which local authorities have to establish if the introduction in the forest special fire-prevention regime? Yes, of course. But don’t forget, we live in Russia where the words “must” and “should” are interpreted by local authorities in their own way.
In the end, many of the woods you just won’t find any warnings about the ban on movement of vehicles. So, that, then, will provide an opportunity to challenge the fine imposed for vehicle entry to the forest during the action of a special fire prevention regime? Actually no. Repeat: ignorance of the law does not exempt you from liability. Moreover, even if local authorities accidentally (or on purpose) forgot to warn those who enter the forest by car on the prohibition of movement of vehicles.
So, before heading into the woods on the barbecue, for mushrooms and berries, if you are planning to travel through it by car, we suggest you to check online the official websites of the local municipality or site district (region), do not forget to check the local website of the MOE to ascertain whether in the area of special regime of fire safety, within the framework of which the authorities have imposed a ban on the movement of vehicles in the forest.
What responsibility is provided for entry by car into the woods, which are included in the category of specially protected territories?
Also do not forget that in the Administrative code there is another article, which you may be prosecuted for driving in a forest at action in the area of special regime of fire safety. We are talking about the article 8.39 of the administrative code (Violation of rules of protection and use of natural resources in especially protected natural territories).
Did you know that forest forest strife? All the forests in our country are divided into different categories. But the special norms of the legislation are regulated by the forests located on specially protected territories. For example, these include the following areas:
– The state natural reserves
– National parks
– Natural parks
– State parks
– Monuments of nature
– Dendrological parks and Botanical gardens
According to the Federal law No. 33 “On specially protected natural territories” dated 14 March 1995, for all the above territories, Russia has a regime of special protection. For example, under current legislation, the entry to the area by car is possible only by special permission of the local authorities. Otherwise, the car has entered the territory in which the mode of special protection, it falls under article 8.39 of the administrative code (Violation of rules of protection and use of natural resources in especially protected natural territories).
That’s what this article says:
Article 8.39. Violation of rules of protection and use of natural resources in especially protected natural territories
Violation of the established mode or other rules of protection and use of environment and natural resources in the territories of state natural reserves, national parks, natural parks, state natural sanctuaries, and also in territories on which there are nature sanctuaries, in other especially protected natural territories or in their protection zones shall entail the imposition of an administrative fine on citizens in the amount from 3 000 to 4 000 roubles with confiscation of instruments of committing an administrative offense and products of illegal nature management or without that; on officials – from 15 000 to 20 000 roubles with confiscation of the instruments of committing an administrative offense and products of illegal nature management or without that; on legal entities – from 300 000 to 500 000 rubles with confiscation of the instruments of committing an administrative offense and products of illegal nature management or without that.
But that’s not all. Please note on the lines in the article 8.39 of the administrative code that we’ve highlighted in red. As you can see, one fine for entry by car into the woods, which refers to the protected area, you will not get off. Under current law you can confiscate the car, as it is the instrument of committing an administrative offense. How do you like them apples?
So, before heading into the woods, make sure that it is not included in the category of specially protected territories in accordance with the FZ-33 dated 14.03.1995 of the year.