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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102054604

RUSSIAN FEDERATION FEDERAL LAW on State monitoring of international road transport and liability for violation of the order of execution adopted by the State Duma July 2, 1998 the year approved by the Federation Council of the year July 9, 1998 (as amended by the federal laws of 02.01.2000 N 9-FL;
from out N 196-FZ; from Dec. 30 N 266-FZ;
from 26.04.2007 N 63-FZ; from 08.11.2007 (N) 257-FZ;
from 08.11.2007 N 258-FZ; from 30.12.2008 N 309-FZ;
from 05.04.2009 N 47-FZ; from 17.07.2009 N 145-FZ;
from 28.12.2010. N 394-FZ; from 18/07 N 242-FZ;
from 04-N 31-FZ; from 24.11.2014 N 362-FZ;
from 14.12.2015 N 378-FZ) this federal law defines the legal bases for measures to strengthen State control over compliance with the modalities for the implementation of the international road transport operations on the territory of the Russian Federation of freight vehicles or buses belonging to both Russian and foreign carriers, liability for violation of the established by this federal law and order, as well as the rights and responsibilities of the bodies and their officials responsible for monitoring compliance with the modalities for the implementation of the international road transport. (As amended by the Federal law of 18 N 242-FZ) Article 1 for the purposes of this federal law uses the following concepts: truck-self-propelled vehicle intended for the transport of goods, or self-propelled vehicle with trailer or semi-trailer;
Russian carrier is a Russian legal entity or natural person using his truck or bus (hereinafter vehicle) for the transport of goods or passengers;
foreign carrier-foreign legal entity or natural person using his vehicle for transportation of goods or passengers;
international road transport-transportation of goods or passengers of the vehicle through the territories of two or more States, as well as directions negruženogo the vehicle through the territories of two or more States;
bilateral international automobile transportation-transport vehicle, belonging to Russian carrier, from the territory of the Russian Federation on the territory of a foreign State or from the territory of a foreign State on the territory of the Russian Federation, as well as transport of a vehicle belonging to a foreign carrier, from the territory of a foreign State in which the specified registered vehicle on the territory of the Russian Federation or from the territory of the Russian Federation on the territory of the foreign State;
transit international transport-transport vehicle, belonging to Russian carrier, from the territory of a foreign State on the territory of another foreign State in transit through the territory of the Russian Federation or from the territory of the Russian Federation on the territory of the Russian Federation transiting through the territory of a foreign State, as well as transport of a vehicle belonging to a foreign carrier in transit through the territory of the Russian Federation;
international car transport from or to the territory of a third State-foreign air carrier of one foreign State on the territory of the Russian Federation from the territory of another foreign State or from the territory of the Russian Federation on the territory of another foreign State;
regular international passenger transport-passenger bus on the pre-arranged route with an initial item shipment and destination transportation, bus stop stations and timetables;
irregular passenger international road transport-not a regular passenger carriage of international carriage of passengers by bus;
large vehicle-a vehicle that is unloaded or exceed the dimensions established by the Government of the Russian Federation;
heavy vehicle-vehicle weight with or without cargo and (or) load on the axle or group of axles which exceed the permissible mass of the vehicle and/or the permissible load on the axle or group of axles which are established by the Government of the Russian Federation;
dangerous goods are substances, products, waste production and other economic activities, which, because of their intrinsic properties can transport pose a threat to human life and health, harm the environment Wednesday, damage or destroy material valuables;
load a third cargo owner and (or) the consignor or the consignee which is a legal person registered in a State other than the State of loading and unloading the vehicle, State or an individual, a citizen of the State other than the State of loading and unloading the vehicle, State or a stateless person having a residence in a State other than the State of loading and unloading the vehicle State;
authorization is a document that provides the right of travel of the vehicle and the territory of the State;
the Russian resolution-single or repeated for some time a travel permit for a particular vehicle, belonging to a foreign carrier, on the territory of the Russian Federation;
Foreign permission-single or repeated for some time a travel permit for a particular vehicle, belonging to Russian carrier on the territory of a foreign State;
special permission: one-time permission to carry out the international carriage from or to the territory of a third State;
single or multiple travel permit specific heavy weight vehicle with or without cargo and (or) load on the axle or group of axles which exceed by more than 2 per cent of the permissible mass of the vehicle and/or the permissible load on the axle or group of axles of the vehicle, and (or) large vehicle or a particular vehicle with dangerous goods on the territory of the State. Such authorization may be complementary to the Russian settlement, if it is stipulated by international treaties of the Russian Federation;
multilateral resolution-resolution of acting for some time on an unlimited number of passages for any vehicle owned by the owner of such permission, on the territory of any State member of the European Conference of Ministers of transport;
ACCT Talon-a document issued in order to take account of the transport of a foreign carrier to bodies exercising State control (supervision) for the implementation of the international road transport, if in accordance with international treaties of the Russian Federation transport allowed without Russian permission and if transportation is carried out in accordance with the multilateral resolution;
International waybill (waybill) (hereinafter referred to as the international waybill)-the document referred to in the Convention on the contract for the international carriage of goods by road 1956 year, including information on the goods transported, the consignor and the consignee, its carrier and vehicle running transportation, as well as on the ground, its loading and unloading;
notice-a document issued by the authorized bodies of the transport control (supervision) of Member States of the Customs Union when entering the vehicle through Customs Union non-controllable parameters of the vehicle parameters established by the legislation of the Member States of the Customs Union, on the territories of which the passage, as well as in case of inconsistency between the permit or special permit, provided for by the legislation of the Member States of the Customs Union, an international road transport operation performed or cargo transportation or in the absence of these permits or special permission.
(Article in the Editorial Office of the Federal law dated 24.11.2014 g. N 362-FZ) Article 2

1. To be performed for the international carriage of goods (double-sided, transit or transportation from or to the territory of a third State) is determined on the basis of the data contained in the international invoice, in accordance with the criteria and procedures established federal body of executive power executing the functions of State policy and normative-legal regulation in the field of transport (hereinafter referred to as the Federal Executive Body in the field of transport), and brought to the competent bodies of foreign States.
2. International Automobile transportations foreign carriers on the territory of the Russian Federation shall be exercised in accordance with Russian permissions with special permissions and with multilateral solutions.
3. the Russian permits and special permits shall specify the types of international road transport, which permits entitle foreign carriers, and terms of use of such permits. Rules for filling of Russian permits and special permits shall be established by the Federal Executive Body in the field of transport.
4. The Russian Federation's international treaties in the field of international automobile communication on principles of reciprocity may be bilateral and international road transport transit without permits. Such transport is carried out on the basis of an international invoice confirming the type of shipment, subject to the conditions which are set by the Federal Executive Body in the field of transport and which are brought before the competent bodies of foreign States.
5. the peculiarities of execution of international road transport of goods of third States, including the need for carrier documents confirming loading a vehicle in the State in which it is registered: International invoice, invoice (invoice), certificate (certificates) of the origin of goods (products), veterinary certificate (certificates), a phytosanitary certificate (certificates), document (s) certifying the safety of products (goods) in part its conformity with sanitary-epidemiological and hygienic requirements, as well as submitting orders to the sender or receiver of the goods to the carrier for cargo transportation , and other characteristics are determined by the Federal Executive Body in the field of transport. The above features are made available to the competent authorities of foreign States.
6. The procedure for issuing permits and special Russian one-time permits for international carriage from or to the territory of a third State to foreign carriers, as well as foreign authorizations and permissions defined by the Russian carriers multilateral Government of the Russian Federation, unless otherwise stipulated by international treaties of the Russian Federation in the field of international road communication.
7. the implementation of the international road transport Russian carriers are allowed if they have a document proving the admission of Russian carrier to implement international transport by road (hereinafter-certificate of admission to the Russian carrier).
8. The procedure for admission of Russian carriers to implement international road transport shall be established by the Government of the Russian Federation.
9. permits, international bills of lading and other documents in accordance with international treaties of the Russian Federation in the field of international road communication and legislation of the Russian Federation required for international road transport, should be filled by a foreign carrier before entering the vehicle on the territory of the Russian Federation to be the drivers of vehicles to be drivers of vehicles according to the requirements of regulatory authorities.
10. If the driver of the vehicle a notice from the authorized body of the transport control (supervision) of another Member State of the Customs Union, the notification must be made to an official of the federal body of executive power performing functions on control (supervision) in the area of transport, for affixing the mark on eliminating violations.
11. The driver of a vehicle shall: at a checkpoint at the border of the Russian Federation to present the official authorized federal body of executive power of the Russian resolution and (or) special permission to put a mark on the entry of the vehicle onto the territory of the Russian Federation or on their departure from the territory of the Russian Federation, as well as cases get or pass an accounting voucher;
in the near to the State border of the Russian Federation and the route for the carriage of the stationary or mobile checkpoint when performing the carriage through the Belarusian or kazstroyservice external border of the Customs Union to present the official authorized federal body of executive power of the Russian resolution and (or) special permission to put a mark on the entry of the vehicle onto the territory of the Russian Federation or on their departure from the territory of the Russian Federation.
(Article in the Editorial Office of the Federal law dated 24.11.2014 g. N 362-FZ) Article 3 1. Directions by road vehicles engaged in international road transport, is allowed subject to special authorizations in cases of: movement of oversize vehicles;
the movement of heavy vehicles weight with or without cargo and (or) load on the axle or group of axles which exceed by more than 2 per cent of the permissible mass of the vehicle and/or the permissible load on the axle or group of axles of the vehicle.
Special travel permits for oversized vehicles and (or) heavy vehicles weight with or without cargo and (or) load on the axle or group of axles which exceed by more than 2 per cent of the permissible mass of the vehicle and/or the permissible load on the axle or group of axles of a vehicle engaged in international road transport of goods, including permanent routes are issued in accordance with the procedure established by the Federal Executive Body in the field of transport.
2. If in the course of implementation of State control (supervision) over the implementation of the international road transport exceeded by more than 2 per cent of the permissible mass of the vehicle or the permissible load on the axle or group of axles of a vehicle or exceed its envelope continued vehicle is allowed after removing violations or special authorization.
3. issuance of special permits, referred to in paragraph 1 of this article, is made subordinate to the Federal Executive authority exercising functions in providing public services and State property management in the field of road infrastructure, organizations that are located in the constituent entities of the Russian Federation and the responsible management of federal roads (hereinafter authorised organisations).
Application for a special permit to travel heavy and/or bulky vehicle served the authorized organization at the place of registration of the applicant or in case of absence of the authorized organization at the place of registration of the applicant to the nearest authorized organization located on the route of the vehicle.
4. If the load on the axle or group of axles heavy vehicle exceeds the permissible load on the axle or group of axles of the vehicle by more than 2% but not more than 10 per cent, a special travel permit such vehicle on designated routes shall be issued under the simplified procedure, including in electronic form.
A list of the routes referred to in the first subparagraph of this paragraph, shall be approved by the Federal Executive authority responsible for the provision of public services and State property management in the field of road infrastructure, and includes routes, on which during the preceding twelve months were given special permission for the passage of heavy vehicles with an excess of allowable loads on axle or group of axles for 10 percent or more.
Approved list of routes referred to in the first paragraph of this article, published on the official website of the federal body of executive power performing functions for the provision of public services and State property management in the sphere of road management.

Special permit specified in the first subparagraph of this paragraph may be granted in accordance with the provisions of paragraph 3 of this article or with the use of the official website of the federal body of executive power performing functions for the provision of public services and State property management in the sphere of road management.
5. simplified procedure for issuing a special permit, the procedure for establishing a permanent route heavy and/or bulky vehicle, form a special permission, including those issued in electronic form referred to in this article shall be established by the Federal Executive Body in the field of transport.
6. the term of a special permit shall be not more than three hours after the confirmation of payment on account of damages suffered by the vehicle road.
(Article in the Editorial Office of the Federal law dated 24.11.2014 g. N 362-FZ, paras 4 and 6 come into force on January 1, 2018 year) article 4 in international road transport of dangerous goods which are classified according to the European Agreement concerning the international carriage of dangerous goods by road (ADR) to high risk goods are carried out in accordance with special permits, which are issued in the manner prescribed by the Federal Executive Body in the field of transport and that may be the obligations of carriers perform the carriage of such goods on predetermined routes. (As amended by the Federal law dated 05.04.2009 N 47-FZ) in the case of international road transport of dangerous goods on the territory of the Russian Federation, the carrier shall comply with the requirements of the International Treaty of the Russian Federation concerning the transport of dangerous goods, as well as the requirements of the regulations on the transport of dangerous goods approved by the procedure established by the Government of the Russian Federation.
Special authorizations referred to in paragraph 1 of this article, shall be issued by the federal body of executive power executing control functions (supervision) in the field of transport. (Part is supplemented by federal law from 24.11.2014 N 362-FZ) Article 5 international road transportation vehicle owned by a foreign carrier of goods or passengers from the territory of the Russian Federation on the territory of a third State or to the territory of a third State on the territory of the Russian Federation shall be exercised in accordance with special permissions. Issuance of these special permits shall be made in the manner prescribed by paragraph 6 of article 2 hereof. (As amended by the Federal law of 24.11.2014 N 362-FZ) Article 6 1. Regular passenger international transportation on the territory of the Russian Federation and the territory of a foreign State on the harmonization of the Federal Executive Body in the field of transport and the relevant competent authority of a foreign State.
2. In cases stipulated by international treaties of the Russian Federation in the field of international road communication if irregular passenger international road transport carried out without permits, drivers of vehicles must have passenger lists.
Article 7 Prohibits the carriage of goods and passengers by vehicles belonging to foreign carriers, including temporarily imported by them on the territory of the Russian Federation, between points situated on the territory of the Russian Federation.
Article 8 drivers of vehicles in international road transport operations on the territory of the Russian Federation must observe the working and rest time regime established by an international treaty of the Russian Federation concerning the work of crews of vehicles engaged in international road transport.
On the territory of the Russian Federation requirements installation on vehicles and the use of monitoring devices (tachographs) registration regime of work and rest for drivers of vehicles belonging to Russian carriers in international road transport;
foreign carriers-carriers of the States parties to the European Agreement concerning the work of crews of vehicles engaged in international road transport;
foreign carriers-carriers to countries with which there are international treaties of the Russian Federation providing for compliance with the requirements specified in this article.
In cases not referred to in this article instead of using control devices (tachographs) registration regime of the working and rest time of drivers of vehicles permitted conduct of drivers of vehicles belonging to foreign carriers, the daily record sheets of working and rest time regime.
The installation on vehicles of Russian carriers and use control devices (tachographs) registration regime of the working and rest time of drivers of vehicles are not mandatory until January 1, 2005 year in 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 stipulated by an international treaty of the Russian Federation. (Part is supplemented by federal law from 02.01.2000 N 9-FZ) Article 9 Carriers engaged in international transport should use only vehicles with registration and decals.
When the trailers or semi-trailers can be registration and decals of another State.
Article 10 if an international treaty of the Russian Federation stipulates other rules than those provided for in this federal law, the rules of the international treaty shall apply.
Article 11 1. State control (supervision) for the implementation of the international road transport shall be carried out by authorized federal executive authorities in the implementation of the Federal transport oversight in stationary and mobile checkpoints on roads of common use in the Russian Federation, mobile checkpoints on road signs marked parking (parking lots) of vehicles and customs controls at crossing points on the State border of the Russian Federation, within the limits of its competence (hereinafter-bodies of State control (supervision) established by the Government of the Russian Federation. (As amended by the Federal law of 24.11.2014 N 362-FZ) of State control (supervision) for the implementation of the international road transport by vehicle checks, including checks on drivers of vehicles available permissions with putting their respective marks, international commodity and waybills and other documents certifying their compliance with mind performed by transport, accounting vouchers and other documents provided for in accordance with the international treaties of the Russian Federation and the legislation of the Russian Federation. (As amended by the Federal law of 24.11.2014 N 362-FZ) (Paragraph as amended by the Federal law of 18 N 242-FZ)
2. officials of the organs of State control (supervision) shall have the right to stop and search vehicles only in specified in paragraph 1 of this article, the paragraphs on presentation of official identification. (As amended by the Federal law of 18 N 242-FZ)
3. In case when checking for violations of the requirements established by this federal law, officials of State control (supervision) must take against the carrier or his representative measures to curb irregularities and (or) Elimination of their consequences, in accordance with the legislation of the Russian Federation. (As amended by the Federal law of 18 N 242-FZ)
4. A vehicle belonging to a foreign carrier, in case of detection at the border crossing through the State border of the Russian Federation vehicles data breach means rules of international treaties of the Russian Federation in international road communications requirements of this federal law, legislation of the Russian Federation on the introduction of fees for harm caused by roads of common use of Federal significance vehicles having permissible maximum mass exceeding 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 such a breach. (As amended by the Federal law of 14.12.2015 N 378-FZ)

In the event of failure to resolve the specified violations within three hours of arrival of the vehicle at the point of crossing the State border of the Russian Federation foreign carrier or a person acting on his behalf, measures are being taken to the vehicle's departure from the territory of the Russian Federation. (The paragraph is supplemented by federal law from 28.12.2010. N 394-FZ) if specified discovery violations in stationary and mobile checkpoints on roads of common use in the Russian Federation, mobile checkpoints on road signs marked parking (parking lots) or vehicles at checkpoints across the State border of the Russian Federation when leaving the vehicle from the territory of the Russian Federation, this vehicle is delayed in accordance with legislation of the Russian Federation on administrative offences until the reasons for the detention. Upon departure from the territory of the Russian Federation of the vehicle, which committed an administrative offence specified vehicle is delayed until the reasons for detention and the presentation of a document certifying payment of an administrative penalty. (The paragraph is supplemented by federal law from 02 N 31-FZ) (As amended by the Federal law of 24.11.2014 N 362-FZ)
5. (repealed-federal law 18/N 242-FZ) 6. If there is a violation of the rules of international agreements of the Russian Federation, referred to in article 10 hereof, transport control and oversight bodies may issue to the carrier or his representative a binding requirement on the removal of such a breach. (As amended by the Federal law of 30.12.2006 N 266-FZ) Article 12 in the event of repeated violations of Russian carrier, the modalities for the implementation of the international road transport action identity tolerance Russian carrier may be suspended or revoked certificate can be specified in the order, established by the Government of the Russian Federation. (As amended by the Federal law dated 08.11.2007 № 258-FZ) in case of repeated violations of a foreign carrier, the modalities for the implementation of the international road transport in the territory of the Russian Federation, the head of the body of State control (supervision) with the Federal Executive Body in the field of transport proposal to adopt the offender measures imposed by international treaties of the Russian Federation in international road communication. (As amended by the federal laws of 30.12.2006 N 266-FZ; 18 N 242-FZ) Article 13 1. The decisions and actions (or inaction) of bodies of State control (supervision) and their officials can be appealed to a judicial or administrative order, stipulated by the legislation of the Russian Federation. (As amended by the federal laws of 30.12.2006 N 266-FZ; from 18/07 N 242-FZ) 2. Damage caused by legal entities or natural persons as a result of unlawful actions (or inaction) of bodies of State control (supervision) or their officials in the performance of their duties shall be compensated in accordance with the civil legislation of the Russian Federation. (As amended by the federal laws of 30.12.2006 N 266-FZ; 18 N 242-FZ), Article 14 (repealed federal law from out N 196-FZ), Article 15 (repealed-Federal Act of 26.04.2007 N 63-FZ) Article 16 to the law of the Russian Federation "on the State border of the Russian Federation" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation , 1993, N 17, art. 594; Collection of laws of the Russian Federation, 1994, no. 16, art. 1861; 1996, no. 50, art. 5610) as follows: in article 11 paragraph 5, the word "avtogruzovogo" and the first subparagraph of article 28, paragraph 4, the word "avtogruzovoj" should be replaced by the word "transport" in appropriate cases.
Article 17 this federal law shall enter into force three months after the date of its official publication.
Article 18 Propose to the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N July 24, 1998 127-FZ