Comment to article 627. Violation of the rules of operation of tractors, other self-propelled machinery and equipment The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the rules of operation of tractors, other self-propelled machinery and equipment, with the exception of the rules provided for in articles 333, 334, 590, 610, 612, 617, 619 of this Code, -
entails a fine on individuals in the amount of three monthly calculation indices.
The object of the offense is public relations to ensure road safety in the field of the established procedure for the operation of tractors, other self-propelled machinery and equipment.
The objective side of the offense is expressed by one qualifying feature and is manifested in illegal actions (inactions) that violate the rules of operation of tractors, other self-propelled machinery and equipment.
Illegal actions in the form of:
1) the commissioning of vehicles and other mobile means exceeding the standards for the content of pollutants in emissions (art. 333 of the Administrative Code);
2) the operation of motor vehicles and other mobile vehicles exceeding the standards for the content of pollutants in emissions (art. 334 of the Administrative Code);
3) violations of the rules of operation of vehicles (art. 590 of the Administrative Code);
4) violations of traffic rules by drivers of vehicles, resulting in injury to human health, damage to vehicles or other property (art. 610 of the Administrative Code);
5) driving a vehicle by a person without documents and not having the right to drive (art. 612 of the Administrative Code);
6) the commissioning of vehicles with technical malfunctions and other violations of the rules of operation (art. 617 of the Administrative Code);
7) admission to driving a vehicle of a driver who does not have or has been deprived of the right to drive vehicles, as well as of the appropriate category (art. 619 of the Administrative Code).
Access to the operation of tractors and other self-propelled vehicles is allowed after their state registration in accordance with the Order of the Minister of Agriculture of the Republic of Kazakhstan dated March 30, 2015 No. 4-3/267 "On approval of the Rules for State Registration of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, special off-road vehicles" .
These Rules have been developed in accordance with the Law of the Republic of Kazakhstan on the Agro-industrial complex of Rural Territories and determine the procedure for state registration of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, special off-road vehicles.
In accordance with paragraph 24 of Article 1 of the Law of the Republic of Kazakhstan dated July 8, 2005 "On State regulation of the development of the agro-industrial complex of rural territories", control over the operation of tractors and other self-propelled vehicles is entrusted to the State technical Inspectorate. State Technical Inspection – carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan, state registration, state technical inspection of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, as well as special off-road vehicles with the issuance of relevant documents and state registration license plates, taking exams and issuing certificates for the right to manage them, supervision of compliance with the rules of their operation.
In order to ensure the safety of operation of tractors, self-propelled machines and equipment, an annual technical inspection of the machine is provided in accordance with the procedure set out in the Order of the Minister of Agriculture of the Republic of Kazakhstan dated March 30, 2015 No. 4-3/269 " On approval of the Rules for the annual State technical inspection of tractors and self-propelled chassis and mechanisms made on their basis, trailers to them, including trailers with mounted special equipment, self-propelled agricultural, land reclamation and road construction machinery and mechanisms, special off-road vehicles". Vehicles owned by individuals and legal entities and registered with the state (temporary) local executive body are subject to technical inspection once a year. The state technical inspection of machines is carried out in order to assess the technical condition, clarify their number, accessories and other registration data, take measures to prevent gross violations of the rules of technical operation and safety and to prevent malfunctions.
In cases where tractors and self-propelled vehicles are involved in road traffic, then the subjects of the offense being commented on are subject to the Traffic Rules approved by Decree of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196. The same regulatory legal act prohibits malfunctions and conditions that pose a threat to road safety and the environment, under which the operation of vehicles, including tractors and self-propelled vehicles, is prohibited.
The subject of the offense in the article under study is individuals responsible for the technical condition and operation of tractors, other self-propelled machinery and equipment.
The subjective side of the article in question can be expressed in the form of direct intent, or by negligence.
They have the right to consider proceedings on administrative offenses provided for in the commented article.:
1)the head of the transport control body and his deputies, heads of territorial transport control bodies and their deputies (paragraph 1, part 2, art. 691 of the Administrative Code);
2) authorized officials of the transport control authorities (paragraph 2, Part 2, Article 691 of the Administrative Code );
3) engineers-inspectors of district and regional authorized bodies for registration of agricultural machinery, as far as those supervised by authorized bodies for registration of agricultural machinery, tractors, and other self-propelled machinery and equipment (Part 2 of Article 716 of the Administrative Code).
Officials of the state bodies mentioned above have the right to initiate proceedings on cases of administrative offenses under the commented article (art. 804 of the Administrative Code).
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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