On State Monitoring Of International Road Transport And Liability For Violation Of The Order Of Execution

Original Language Title: О государственном контроле за осуществлением международных автомобильных перевозок и об ответственности за нарушение порядка их выполнения

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RUSSIAN FEDERATION FEDERAL LAW On State Control of Implementation of International Road Transport and Liability for Violation Adopted by the State Duma on July 2, 1998 href=" ?docbody= &prevDoc= 102054604&backlink=1 & &nd=102063866 "target="contents" title= " "> 02.01.2000 g. N 9-FZ; dated 30.12.2001 N 196-FZ; of 30.12.2006 N 266-FZ; 26.04.2007 N 63-FZ; of 08.11.2007 N 257-FZ; of 08.11.2007 N 258-FZ; dated 30.12.2008. N 309-FZ; of 05.04.2009 N 47-FZ; of 17.07.2009 N 145-FZ , 28.12.2010 N 394-FZ; dated 18.07.2011 N 242-FZ; of 02.04.2012 N 31-FZ; of 24.11.2014 N 362-FZ; of 14.12.2015 N 378-FZ This Federal Law defines the legal basis for measures to strengthen state control over the implementation of international road transport in the territory of the Russian Federation Goods vehicles or buses belonging to both Russian and foreign carriers, liability for violation of the procedure established by this Federal Law, as well as the rights and responsibility of the authorities and their officials. Persons authorized to monitor the observance of the order International road transport. (In the wording of Federal Law No. N 242-FZ) Article 1 For the purposes of this Federal Law, the following basic concepts are used: a means intended for the carriage of goods or a self-propelled vehicle with a trailer or a semi-trailer; Russian carrier-a Russian legal or natural person using a goods transport vehicle belonging to it vehicle or bus (hereinafter referred to as the vehicle) of goods or passengers; foreign carrier-a foreign legal or natural person using a vehicle for the carriage of goods or passengers; international road transport- the transport of goods or passengers on the territories of two or more States, as well as the passage of an unladen vehicle through the territories of two or more States; bilateral international road transport- transport by a vehicle belonging to the Russian from the territory of the Russian Federation to the territory of a foreign State or from the territory of a foreign State to the territory of the Russian Federation, as well as transport by a vehicle belonging to a foreign carrier, c The territory of a foreign State in which the vehicle is registered, to the territory of the Russian Federation or from the territory of the Russian Federation to the territory of that foreign State; road transport-transport by means of transport, of the Russian Federation, from the territory of one foreign State to the territory of another foreign State by transit through the territory of the Russian Federation or from the territory of the Russian Federation to the territory of the Russian Federation transit through the territory of a foreign State, as well as transport by a vehicle belonging to a foreign carrier, in transit through the territory of the Russian Federation; territory of third State-transport by foreign by the carrier of a foreign State to the territory of the Russian Federation from the territory of another foreign State or from the territory of the Russian Federation to the territory of another foreign State; International road transport-the carriage of passengers by bus on a pre-agreed route, indicating the starting point of carriage and the final point of transport, the bus stop stations and the timetable of its movement; casual passenger international road carriage-not a regular passenger international passenger transport by road by bus; large vehicle, means of transport, of which the goods are loaded or have no cargo The permissible dimensions prescribed by the Government of the Russian Federation; heavy vehicle is the vehicle mass of which with or without load and (or) axle load exceeding permissible axle load mass of the vehicle and (or) the permissible axle load or group Axes established by the Government of the Russian Federation; dangerous goods-substances, articles of them, industrial and other economic activities which, because of their intrinsic properties, may pose a threat to the transport of human life and health, harm the environment, damage or destroy material assets; goods of a third State, the owner and (or) the shipper or the consignee of which is the legal person, registered in a State other than the State of loading and unloading of a vehicle, or a natural person who is a national of a State other than the State of loading and the State of unloading of the vehicle, or a stateless person who has a place of residence in a State other than that of State of loading and state of unloading of the vehicle; permission-a document granting the right to travel of the vehicle on the territory of the state; Russian permission-once or repeatedly in for a certain period of time authorization for a specific travel permit A vehicle belonging to a foreign carrier in the territory of the Russian Federation; a foreign permit, one time or several times, for a specific vehicle, belonging to the Russian carrier, in the territory of a foreign State; States; one-off or multiple permission on a specific heavy vehicle, mass with or without load, and (or) axle load or group of which exceeds by more than 2 per cent the permissible mass of the vehicle and (or) permissible axle load or group a vehicle, and (or) a large vehicle or a specific vehicle with dangerous goods on the territory of the State. Such permission may be additional to the Russian permit, if it is provided for by the international treaties of the Russian Federation; multilateral permission is a permit valid for a certain period of time. an unlimited number of travel of any vehicle owned by the holder of such permission on the territory of any State which is a member of the European Conference of Ministers of Transport; for the purpose of accounting for carriage to a foreign carrier by the implementing bodies State control (supervision) of the implementation of international road transport, if, in accordance with international agreements of the Russian Federation, the carrying out of transport is permitted without Russian permission, and also in the case of if the carriage is carried out in accordance with multilateral authorization; international goods and transport waybill (consignment note) (hereinafter referred to as the international consignment note)-Convention on the Contract Document the International Carriage of Goods by Road, 1956, containing the number of information about the goods being transported, its consignor and consignee, the carrier and the vehicle performing the transport, as well as the places of loading and unloading; notification-document issued by the competent authorities The transport control (supervision) of the member states of the Customs Union at the entry of the vehicle through the external border of the Customs Union in the event that the controlled parameters of the vehicle are not in conformity with the parameters established by the Customs Union. by the legislation of the member States of the Customs Union or in the event of non-conformity of the permit or special authorization provided for in the legislation of the member States of the Customs Union, the type of international road transport performed, or or in the absence of the specified permit or special permission. (Article in the wording of Federal Law dated 24.11.2014 n 362 FZ Article 2 1. The type of international carriage of goods carried out by international road transport (bilateral, transit or transport from or to the territory of a third State) is determined on the basis of the data contained in the international consignment note, in accordance with the criteria and procedure established by the federal executive body responsible for public policy and regulatory functions in the field of transport (hereinafter referred to as the federal authority) authority in the field of transport), which shall be brought to the attention of the competent authorities. of foreign national authorities. 2. International road transport by foreign carriers on the territory of the Russian Federation is carried out in accordance with Russian permits, with special authorizations and with multilateral permits. 3. Russian permits and special authorizations indicate the types of international road transport to which such permits are granted to foreign carriers and the conditions for the use of such permits. The rules concerning the filling of Russian permits and special permits are established by the federal executive authority in the field of transport. 4. The international instruments of the Russian Federation in the field of international road traffic on the principles of reciprocity may provide for the implementation of bilateral and transit international road transport without permits. Such carriage shall be carried out on the basis of an international freight and transport consignment note confirming the type of transport, subject to the conditions of their implementation, as established by the federal authority in the field of transport and which shall be notified to the competent authorities of foreign States. 5. The characteristics of the international road transport of goods of third States, which include the need for the carrier to submit documents confirming the loading of the vehicle in the State in which it is registered: International goods and transport invoices, invoices (invoices), certificates of origin (goods), veterinary certificate (certificates), phytosanitary certificate (s), document (s) confirming Safety of products (goods) in its conformity The sanitary-epidemiological and hygienic requirements, as well as the submission of instructions from the consignor or the consignee to the carrier for the carriage of the goods, and other peculiarities shall be determined by the federal executive authority in the field of transport. These features are brought to the attention of the competent authorities of foreign States. 6. Procedures for the issuance of Russian permits and ad hoc authorizations for international road transport from or to the territory of a third State for foreign carriers, as well as foreign permits and multilateral The Russian Federation shall determine the permissions of Russian carriers, unless otherwise provided by the international agreements of the Russian Federation in the field of international road traffic. 7. Russian carriers are allowed to carry out international road transport if they have a document certifying the Russian carrier's admission to international road transport (hereinafter referred to as the certificate of admission). (...) (...) 8. The procedure for the admission of Russian carriers to the implementation of international road transport is established by the Government of the Russian Federation. 9. Permits, international goods and transport invoices and other documents which, in accordance with the international agreements of the Russian Federation in the field of international road transport and the legislation of the Russian Federation, are required for the The international road transport must be filled by the foreign carrier until the vehicle has entered the territory of the Russian Federation, the drivers of vehicles and the drivers of the vehicles must be present. of the Convention on the Rights of the 10. In the event that the vehicle driver receives a notification from the authorized body of transport control (supervision) of another member State of the Customs Union, the notification shall be presented to the official of the federal authority. The executive branch, which is responsible for monitoring (supervision) in the field of transport, in order to mark the elimination of the infringement. 11. The driver of the vehicle is obliged: , at the checkpoint on the State Border of the Russian Federation, to present to the official of the authorized federal executive authority the Russian permission and (or) special authority Authorization to mark the entry of a vehicle into the territory of the Russian Federation, or to leave the territory of the Russian Federation, and to obtain or to deposit an account in the nearest future; THE RUSSIAN FEDERATION In the Belarusian or Kazakh section of the external border of the Customs Union, a stationary or mobile control point is presented to the official of the authorized federal executive authority of the Russian Federation Authorization and (or) special permission to mark the entry of the vehicle into the territory of the Russian Federation or to leave the territory of the Russian Federation. Law dated 24.11.2014. n 362 FZ) Article 3 1. Road transport of vehicles carrying out international road transport is permitted with special authorizations in the case of: the movement of large vehicles; Heavy vehicles, laden or unladen mass and/or axle load or group of which exceeds by more than 2 per cent the permissible mass of the vehicle and (or) the permissible axle load or axle group tools. Special authorizations for the travel of large vehicles and (or) heavy vehicles, mass with or without load and/or axle load exceeding 2 per cent permissible axle load The mass of the vehicle and (or) the permissible axle load of the vehicle or the group of axles of the vehicle engaged in international road transport of goods, including on permanent routes, shall be issued in accordance with the procedure established by the by the federal executive authority in the field of transport. 2. In the case of identification in the process of State control (supervision) of the implementation of international road transport of excess by more than 2 per cent of the permissible mass of the vehicle or the permissible axle load or group The vehicle is either oversized or allowed to continue driving the vehicle after the infringement or a special permit has been obtained. 3. The granting of special permits as set forth in paragraph 1 of this article shall be subject to the authority of the federal executive authority responsible for the provision of public services and the management of State property in the sphere of public property. Roads, organizations which are located in the constituent entities of the Russian Federation and which are responsible for the management of the federal roads (hereinafter referred to as the organizations). Application for a special travel permit for heavy and (or) large vehicles is submitted to the authorized organization at the place of registration of the applicant or in the absence of an authorized organization The place of registration of the applicant to the nearest Authorized Organization located on the route of the vehicle. 4. In the case where the axle load or the axle weight of a heavy vehicle exceeds the permissible load on the axle or group of axles of the vehicle by more than 2 per cent but not more than 10 per cent, special travel authorization In this case, as in the first part of the meeting, the Committee is of the view that the communication is in the process of being adopted. The list of routes referred to in the first paragraph of this paragraph is approved by the federal executive authority responsible for public services and the management of public property in the field of road transport. and includes routes for which special travel permits have been issued in the previous twelve months for heavy-duty vehicles which exceed the permissible axle or group of axles by 10 per cent; and more. The approved list of routes referred to in the first paragraph of this paragraph is posted on the official website of the federal executive authority exercising public services and public administration functions. in the field of road transport. The special authorization referred to in the first paragraph of this paragraph may be issued in accordance with the provisions of paragraph 3 of this article or with the use of the official website of the federal executive branch of the executive branch functions in the provision of public services and management of State property in the field of road transport. 5. A simplified procedure for the issuance of a special authorization, the procedure for establishing a permanent route of a heavy and (or) large vehicle, the form of a special permit, including the electronic form referred to in this report, The article shall be established by the federal executive authority in the field of transport. 6. The special permit shall not have a period of more than three hours from the date of confirmation of the payment of the compensation of the damage caused by the road vehicle. (Article in the wording of Federal Law of 24.11.2014). N 362-FZ, paragraphs 4 and 6 shall enter into force on 1 January 2018) Article 4 International road transport of dangerous goodsunder the European Agreement concerning the International Carriage of The carriage of dangerous goods (ADR) to dangerous goods is carried out in accordance with special permits issued in the manner prescribed by the federal executive authority in the field of transport and which may provide for the obligations of carriers to carry such goods on predefined routes. (In the wording of the Federal Law of 05.04.2009) N 47-FZ In the event of the international transport of dangerous goods by road in the territory of the Russian Federation, the carrier is obliged to comply with the requirements of the international agreement of the Russian Federation on the transport of dangerous goods. of dangerous goods approved in accordance with the procedure established by the Government of the Russian Federation. The special authorizations specified in Part One of this article are issued by the federal executive authority exercising control (supervision) functions in the field of transport. (Part of the addition is the Federal Law of 24.11.2014). N 362-FZ) Article 5 International road transport by a vehicle belonging to a foreign carrier, goods or passengers from the territory of the Russian Federation to the territory of a third State In the territory of the Russian Federation, the territory of the third State is carried out in accordance with special permits. The issuance of these special authorizations shall be in accordance with the procedure established by article 2, paragraph 6, of this Federal Act. In the wording of Federal Law of 24.11.2014 N 362-FZ) Article 6 1. Regular passenger international road transport is carried out in the territory of the Russian Federation and the territory of a foreign state upon agreement of the federal executive authority in the field of transport and related The competent authority of the foreign State. 2. OF THE PRESIDENT OF THE RUSSIAN FEDERATION must have passenger lists. Article 7 It prohibits the carriage of goods and passengers by vehicles belonging to foreign carriers, including those temporarily imported into the territory of the Russian Federation, between points located on THE RUSSIAN FEDERATION Article 8 Drivers of vehicles in international road transport on the territory of the Russian Federation are obliged to observe the working and rest conditions established by the international agreement of the Russian Federation. Federation on the Work of Crews of Vehicles engaged in International Road Transport. In the territory of the Russian Federation the requirements of the installation on vehicles and the use of control devices (tachographs) for the registration of the driving and rest duty for drivers of vehicles belonging to: Russian carriers in the performance of international road transport; foreign carriers of States Parties to the European Agreement on the Work of Crews of Vehicles engaged in International road transport; Carriers-carriers of States with which international treaties of the Russian Federation are in conformity with the requirements specified in this article. In cases not referred to in this article, drivers of vehicles belonging to the vehicle shall be allowed to use the control devices (tachographs) of the registration of the driving and rest conditions of drivers of vehicles. Foreign carriers, daily record sheets of the labour and rest regime. The installation on Russian carriers and the use of control devices (tachographs) for the registration of labour and rest conditions for drivers of vehicles is not compulsory until 1 January 2005 for international road transport in the territories of States not parties to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport, unless otherwise provided OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part added-Federal Law of 02.01.2000) N 9-FZ) Article 9 Carriers performing international road transport should use only vehicles bearing the registration and distinguishing signs of their State. Trailers or semi-trailers may have registration and distinguishing signs of another State. Article 10 If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Act, the rules of the international treaty shall apply. Article 11 1. State control (supervision) of the implementation of international road transport is carried out by the authorized federal executive authorities in the implementation of federal State transport supervision in stationary and Mobile checkpoints of the Russian Federation's public roads, mobile checkpoints (parking spaces) and customs control of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 24.11.2014). N 362-FZ)State control (supervision) of international road transport is carried out by means of inspections of vehicles, including those of drivers of the permits of , with the relevant marks, international freight waybills and other documents confirming their conformity with the type of carriage performed, and other documents referred to in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 24.11.2014). N 362-FZ) (Paragraph in the wording of Federal Law No. N 242-FZ) 2. State control (supervision) officials shall have the right to stop and inspect vehicles only in the paragraphs referred to in paragraph 1 of this article on production of official certificates. (In the wording of Federal Law No. N 242-FZ 3. In case of detection of violations of the requirements established by this Federal Law, the officials of the state control (supervision) must take measures against the carrier or his representative against the identified violations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law No. N 242-FZ 4. A vehicle belonging to a foreign carrier, in case of detection at the border crossing point of the Russian Federation of vehicles in violation of this instrument by the rules of international treaties of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of Vehicles with Permitted The maximum mass of more than 12 tonnes and the legislation of the Russian Federation in the field of transport may be approved for further movement on the territory of the Russian Federation only after the elimination of such a violation. In the wording of the Federal Law of 14.12.2015 N 378-FZ) If it cannot be remedied within three hours of the arrival of the vehicle at the border crossing point of the Russian Federation The carrier or a person acting on his behalf shall take measures to drive the vehicle from the territory of the Russian Federation. (Paragraph is amended by Federal Law of 28 December 2010. N 394-FZ) In case of detection of a reported violation in fixed and mobile control points on the public roads of the Russian Federation, in mobile checkpoints on marked by road signs of parking (s) of vehicles or at checkpoints across the State border of the Russian Federation at the exit of a vehicle from the territory of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Administrative offences, pending the elimination of the reasons for detention. When an administrative offence is carried out from the territory of the Russian Federation, the vehicle is detained pending the elimination of the reasons for the detention and the submission of a document confirming the payment of the payment. of the administrative fine. (Paragraph is amended by the Federal Act of 2 April 2012. 31-FZ) (In the wording of Federal Law of 24.11.2014). N 362-FZ 5. (Spconsumed by Federal Law of 18 July 2011) N 242-FZ 6. In violation of the rules of international treaties of the Russian Federation set out in article 10 of this Federal Law, the authorities of the transport control and surveillance authorities shall have the right to issue to the carrier or his or her representative the obligatory for the Enforcement of the order for the elimination of such a breach. (In the wording of Federal Law of 30.12.2006) N 266-FZ ) Article 12 In case of repeated violations by the Russian carrier of the procedure for carrying out international road transport the validity of the Russian carrier's permit may The certificate may be suspended or withdrawn in accordance with the procedure established by the Government of the Russian Federation. (In the wording of Federal Law No. N 258-FZ) In the event of repeated violations by the foreign carrier of international road transport operations on the territory of the Russian Federation, the head of the state control authority (Supervision) sends a proposal to the federal executive authorities in the field of transport to take action against the violator provided by the international instruments of the Russian Federation in the field of international road traffic. In the wording of Federal Law of 30.12.2006 N 266-FZ; dated 18.07.2011 N 242-FZ) Article 13 1. Decisions and actions (or inaction) of the organs of the State control (supervision) and their officials may be appealed in a judicial or administrative procedure provided for in the legislation of the Russian Federation. class="ed"> (In the federal laws of 30/12/2006) N 266-FZ; dated 18.07.2011 N 242-FZ 2. The harm caused to legal or natural persons as a result of unlawful actions (or inaction) of the State control (supervision) or their officials in the performance of their official duties is subject to OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 266-FZ; dated July 18, 2011 N 242-FZ) Article 14 (Overtaken by Federal Law of 30 December 2001) N 196-FZ) Article 15 (Overtaken by Federal Law of 26.04.2007) N63 FZ) Article 16 Enact the Law of the Russian Federation "On the State Border of the Russian Federation" The Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, No. 594; Legislative Assembly of the Russian Federation, 1994, No. 16, art. 1861; 1996, N 50, sect. 5610) the following changes: , in the fifth article 11, the word "truck" and the first paragraph of article 28, paragraph 4, the word "cargo" should be replaced by the word "transport" in the respective paedages. Article 17 This Federal Law shall enter into force three months after the date of its official publication. Article 18 Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 24 July 1998 N 127-FZ