Comment to article 590. Violation of the rules of operation of vehicles The Code of the Republic of Kazakhstan on Administrative Offences

Home / Codes / Comment to article 590. Violation of the rules of operation of vehicles The Code of the Republic of Kazakhstan on Administrative Offences

1. Driving a registered vehicle with unreadable or non-conforming state registration number plates (sign) installed outside the designated places -

entails a fine in the amount of five monthly calculation indices.

2. Driving a vehicle without state registration number plates (sign) or after its operation is prohibited, or not registered in accordance with the established procedure -

entails a fine in the amount of ten monthly calculation indices.

3. Installation of deliberately forged or forged state registration number plates (sign) on a vehicle -

entails a fine for individuals in the amount of fifteen, for officials - in the amount of fifty, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of four hundred monthly calculation indices.

4. Driving a vehicle with knowingly forged or forged state registration number plates (sign), as well as driving a vehicle with state registration number plates equipped with devices and materials that prevent the identification of state registration number plates (sign) or allow them to be modified or hidden, -

entails a fine in the amount of twenty monthly calculation indices or deprivation of the right to drive vehicles for a period of one year.

5. Driving vehicles that do not meet the requirements of technical regulations, standards, as well as in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, with the exception of the cases specified in part six of this Article., -

entails a fine in the amount of five monthly calculation indices.

6. Driving vehicles with malfunctions of the braking system, steering, traction device, -

entails a fine in the amount of fifteen monthly calculation indices.

7. Driving a converted vehicle without a proper permit, -

entails a fine in the amount of fifteen monthly calculation indices.

8. The commissioning of vehicles that have not passed a pre-trip (pre-shift) technical inspection, as well as the admission to driving of a driver who has not passed a pre-trip (pre-shift) medical examination, during regular or irregular automobile transportation of passengers, baggage, and cargo -

They impose a fine on officials and small businesses in the amount of thirty, on medium-sized businesses in the amount of forty, on large businesses in the amount of fifty monthly calculation indices.

9. Driving a vehicle that has not passed a state or mandatory technical inspection, -

entails a fine in the amount of five monthly calculation indices.

10. The actions provided for in parts one, five, six, seven and nine of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

they entail a fine in the amount of twenty monthly calculation indices.

Note. Vehicles in this chapter of the Code should be understood as all types of cars, tractors and other self-propelled vehicles, trams, trolleybuses, as well as motorcycles and other mechanical vehicles.

The general object of the offense is the social relations that develop in the field of transport and road management.

The direct object of the offense in the commented part is the social relations that arise when state registration plates are installed on a vehicle.

According to subparagraph 37) of Article 1 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road Traffic", a state registration license plate is a product owned by the state and containing an individual alphanumeric designation assigned to a mechanical vehicle and manufactured in accordance with the requirements of the national standard. This concept applies to Transit license plates.

The objective side of the offense provided for in part 1 of the commented article is expressed in illegal actions (omissions) by:

1) driving a registered vehicle with unreadable state registration number plates (sign);

2) driving a registered vehicle with state registration number plates (sign) installed in violation of the requirements of the national standard;

3) driving a registered vehicle with state registration number plates (sign) installed outside the designated places.

In accordance with the Basic Provisions on the Admission of Vehicles to Operation and the duties of officials and road users to ensure road safety, approved by Decree of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196, registration plates should be installed on motor vehicles (except trams and trolleybuses) and trailers in the places provided for this purpose. according to the standard ST RK 986.

The numbers and letters of the registration plates must be repeated on the rear wall of the bodies of trucks, trailers (except trailers for passenger cars and motorcycles) and buses. The height of the digits is at least three hundred millimeters, the width is at least one hundred and twenty millimeters, the stroke thickness is thirty millimeters, and the size of the letters is 2/3 of the size of the digits.

Registration numbers assigned by the relevant departments are applied to trams and trolleybuses.

The operation of vehicles is prohibited in cases where the state registration number plate of the vehicle is installed in places not provided for by the requirements of the legislation of the Republic of Kazakhstan in the field of traffic.

The forms and samples of state registration license plates, which are allowed to be used on the territory of the Republic of Kazakhstan, were approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated December 19, 2015 No. 1040.

The objective side of the offense provided for in part 2 of the commented article is expressed in an unlawful act (inaction) in the form of:

1) driving a vehicle without state registration plates (sign);

2) driving a vehicle after its operation is prohibited;

3) driving a vehicle that is not registered in accordance with the established procedure.

In accordance with subparagraph 6) of paragraph 1 of Article 51 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194-V "On Road Traffic", the operation of vehicles is prohibited in the absence of state registration plates or their non-compliance with the established requirements and registration documents.

According to paragraph 4 of Section 2 of the Rules of the Road of the Republic of Kazakhstan, approved by Resolution of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196, the driver is prohibited from operating the vehicle in the absence of state registration plates (sign) or their inconsistency with registration documents.

For the offenses listed in Article 797 of the Administrative Code, authorized officials have the right to prohibit the operation of vehicles by removing state registration plates until the reasons for the ban on vehicle operation are eliminated. If the reasons for the ban on vehicle operation have not been eliminated and the driver continues to operate the vehicle without the license plate removed, then such actions must be qualified under Part 2 of Article 590 of the Administrative Code.

The admission of vehicles to participate in road traffic on the territory of the Republic of Kazakhstan is carried out through state registration and registration of vehicles with the issuance of relevant documents and state registration plates.

Vehicle registration is carried out in accordance with the procedure provided for by the Rules of State Registration and Accounting of Certain Types of Vehicles by Vehicle Identification Number, approved by the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan dated December 2, 2014 No. 862 "On Approval of the Rules of State Registration and Accounting of Certain Types of vehicles by vehicle identification number, training of drivers of motor vehicles, taking exams and issuing driver's licenses."

State registration of vehicles and trailers to them is the activity of internal affairs bodies for the purpose of allowing certain types of vehicles to participate in traffic on public roads with the issuance of registration documents and state registration plates.

In accordance with Article 16 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194-V "On Road Traffic", the state registration of motor vehicles and trailers of the Armed Forces, other troops and military formations with the issuance of relevant documents and state registration plates is carried out by the military police.

Registration and de-registration of vehicles of foreign road users are carried out through the organization for work with the diplomatic corps of the Ministry of Foreign Affairs of the Republic of Kazakhstan in accordance with the procedure determined by the authorized body in the field of foreign policy.

Vehicles are registered for individuals at the place of their permanent registration of residence or at the place of temporary registration for the period of temporary residence.

State registration of vehicles for legal entities is carried out in accordance with their registered legal address, and for branches and representative offices at their location.

Before the state registration of vehicles, as well as de-registration, the vehicle and the owner are checked using the information resources of the Department of Internal Affairs for their wanted status. The result of the inspection is noted in the vehicle registration certificate, indicating the date, time, surname and signature of the authorized employee who conducted the inspection.

The initial registration of vehicles intended for driving on roads and transporting people or goods with right-hand controls is prohibited.

The subjects of parts 1 and 2 of the article under study are individuals who have reached the age of 16, namely drivers of vehicles.

On the subjective side, parts 1 and 2 of the article in question can be committed either as direct intent or through negligence.

The objective side of the 3rd part of the commented article is expressed in the form of intentional actions and is characterized by two qualifying features:

1) the installation of deliberately forged state registration plates (signs) on a vehicle;

2) the installation of deliberately forged state registration plates (signs) on the vehicle.

Forged state registration plates should be understood as state registration plates that were not manufactured by the manufacturer in accordance with the procedure established by law, or state registration plates with any changes that distort the symbols applied to them by the manufacturer, as well as state registration plates issued during the state registration of another vehicle.

Forgery of a state registration mark may result in changing the series, number, or serial number of a region by painting over, redrawing, or replacing the mark with another one.

If signs of forgery of state registration plates are detected, information is immediately transmitted to the Department of Internal Affairs duty station, vehicles are delayed, and documents are transferred to the relevant territorial Departments of Internal Affairs to verify that the vehicle is wanted and to clarify the reasons for the forgery.

The subject of part 3 of the offense in question is sane individuals who have reached the age of 16, as well as legal entities in the form of small, large and large businesses.

On the basis of part 2 of Article 33 of the Administrative Code, legal entities are subject to administrative liability if the actions listed in the disposition of the article under study were authorized or approved by the person performing the management functions of the legal entity performing organizational, administrative or administrative functions.

It should be noted that administrative responsibility under part 3 of the commented article will be brought not to those persons who drove a vehicle with forged or forged state registration license plates (sign), but to those who are guilty of installing them on the vehicle.

The subjective side of Part 3 of the article under study is characterized by direct intent. For forgery and forgery of the state registration number plate, the purpose and motive are required to conceal the illegality of the operation of the vehicle from the regulatory authorities. To recognize a fake, it is necessary that the perpetrator is aware of the forgery and forgery of the state registration license plate.

The objective side of the 4th part of the commented article is expressed in the form of deliberate actions and is characterized by the following qualifying features:

1)driving a vehicle with deliberately forged state registration number plates (sign);

2) driving a vehicle with deliberately forged state registration number plates (sign);

3) driving a vehicle with state registration number plates, equipped with devices and materials that prevent the identification of state registration number plates (sign);

4) driving a vehicle with state registration number plates, equipped with devices and materials that allow them to be modified or hidden.

The first two qualifying signs differ from the illegal acts of forgery and forgery provided for in Part 3 of Article 590 of the Administrative Code in that administrative responsibility comes not for installing, but for driving a vehicle with forged and forged state registration plates.

The third and fourth qualifying signs are characterized by intentional illegal actions that allow the driver to hide the offense from control and measuring equipment and devices operating in automatic mode. There are many ways mentioned on the Internet and in print media to make it difficult to identify state registration license plates (signs), as well as to hide or modify them by:

1) the use of a polarizing filter (special film), which makes the number unreadable when viewed from an angle.;

2) the use of self-made automatic devices that allow you to change the state registration plate at the touch of a button from the car interior;

3) applying a special spray with sparkles to the surface of the state registration license plates (sign), which glares in the lens of the video camera and produces the desired effect for the offender when the letters and numbers in the state number become completely unreadable.;

4) installation of special frames on state registration license plates, which are equipped with specially closing blinds or changing the real license plate to a fake or forged one.;

5) intentionally applying a layer of dirt to the state registration plate, and snow in winter, which makes it possible to remain inaccessible to the video recording system of offenses.

The subjects of part 4 of the article under study are individuals who have reached the age of 16, namely drivers of vehicles.

On the subjective side, the 4 parts of the offense being commented on can only be committed intentionally.

The objective side of the offense provided for in part 5 of the commented article is expressed in illegal actions (omissions) and is characterized by three qualifying signs:

1) driving vehicles that do not meet the requirements of technical regulations and standards;

2) driving vehicles in the presence of malfunctions in which the operation of vehicles is prohibited:

3) driving vehicles in the presence of conditions under which the operation of vehicles is prohibited.

The offences specified in part six of this article, namely cases of malfunction of the braking system, steering, and traction device, do not qualify under part 5 of the commented article.

The technical condition and equipment of vehicles involved in road traffic in terms of road safety and environmental protection must meet the requirements of relevant technical regulations, standards, rules and manuals for their technical operation.

According to sub-paragraphs 1), 9) of paragraph 1 of Article 51 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194-V "On Road Traffic", the operation of vehicles is prohibited in cases of technical malfunctions and conditions that pose a threat to road safety and the environment, the list of which is approved by the Government of the Republic of Kazakhstan, and if their technical the condition and equipment do not meet the requirements of the list of malfunctions and conditions under which the operation of vehicles is prohibited, approved by the Government of the Republic of Kazakhstan.

The list of malfunctions and conditions under which the operation of vehicles is prohibited is defined in paragraph 14 of the Basic Regulations on the Admission of Vehicles to Operation, Resolution of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196. The operation of vehicles is prohibited in the following cases::

1) the presence of technical malfunctions and conditions that pose a threat to road safety and the environment, their non-compliance with technical regulations, standards, rules and manuals for their technical operation, as well as their conversion without appropriate approval;

2) the numbers of the components and assemblies installed on the vehicle do not match the data entered in the registration documents for the vehicle, as well as if the components and assemblies installed on the vehicle have hidden, forged and modified numbers.;

3) lack of registration documents;

4) failure to pass a mandatory technical inspection, with the exception of vehicles of category M1, the age of which does not exceed seven years, including the year of manufacture, not used in business activities in the field of motor transport;