Comment to Article 918. Execution of the resolution on the verification of knowledge of the rules of the road  The Code of the Republic of Kazakhstan on Administrative Offences  

     The resolution on the verification of knowledge of the rules of the road is enforced by the internal affairs bodies in accordance with the procedure established by law.

     The check is carried out on knowledge of the traffic rules approved by the Decree of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196 "On approval of Traffic Rules, Basic provisions for the admission of vehicles to operation, the list of operational and special services, the transport of which is subject to equipment with special light and sound signals and coloring according to special color schemes." The rules of the road establish a uniform traffic order throughout the territory of the Republic of Kazakhstan.

     These rules establish the duties of drivers of vehicles "... to pass a knowledge test of these Rules in cases established by the Code of the Republic of Kazakhstan on Administrative Offenses."

     The test of knowledge of traffic rules is applied only for violation of five articles of the Administrative Code specified in art. 53 of the Administrative Code:

     1) violation of the rules of passage of intersections or crossing the carriageway (art. 594 part 4);

     2) violation of the rules for the location of a vehicle on the carriageway, oncoming traffic or overtaking (art. 596 part 4);

     3) failure to provide an advantage in movement to a vehicle of operational and special services with special lights and sound signals turned on (art. 598 part 2);

     4) driving at a forbidding traffic light or a forbidding gesture of a traffic controller (art. 599 part 2);

     5) failure to provide driving advantages to pedestrians or other road users (art. 600 part 2).  

     It should be noted that it is impossible to arbitrarily make a decision on sending for checking traffic rules, but only for the above-mentioned offenses. Checking knowledge of traffic rules is a measure of administrative and legal impact and is applied on the basis of art. 53 of the Administrative Code.

     The measure of administrative coercion in question is applied along with the imposition of administrative penalties, as a rule, for repeated violations of certain administrative offenses in the field of road safety.  

     The content of the commented article directly indicates that the examination of knowledge of the rules of the road is carried out by officials of the internal affairs bodies in accordance with the procedure established by law. Specific employees of the internal affairs bodies are officials of the registration examination units, which are part of the administrative police.

     The rules for taking exams are provided for by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated December 2, 2014 No. 862 "On Approval of the Rules for State Registration and Accounting of Certain types of vehicles by vehicle identification number, training drivers of motor vehicles, taking exams and issuing driver's licenses." Taking exams, issuing driving licenses of categories "A", "B", "C", "D", "VE", "CE", "DE", "Tm", "Tb", subcategories "A1, B1, C1, D1, C1E and D1E" to citizens are carried out by registration-examination units of the internal affairs bodies, including those located in the buildings and premises of the Non-profit Joint-Stock Company "Government for Citizens State Corporation".

     The theoretical exam is conducted in the examination classroom by using computer systems. The complex should consist of a central console of an official of the authorized body, to which automated workstations (hereinafter referred to as APMs) of candidates for drivers are connected. Each ARM is equipped with a keyboard and a monitor. The central point of the examiner has the possibility of connecting with databases used in the departments of the authorized body.

     The form of the theoretical exam is individual. During the theoretical exam, the examiner suggests that the driver take the specified ARM. Before the start of the theoretical exam, the monitor displays the number of the automated control system, the categories of vehicles for which the theoretical exam is being conducted, as well as the surname, first name, patronymic (if any) of the driver candidate assigned to this automated control system. The specified information must be entered from the central point of the examiner.

     At the request of the examinee, the theoretical exam may be taken in Kazakh, Russian or English. The examination block of questions is formed and displayed on the monitor screen only after the driver candidate presses the appropriate key on the ARM keyboard.

     The sequence of answers to the ticket questions is chosen by the person taking the theoretical exam independently. In order to avoid conflict situations caused by accidental keystrokes during the exam, the driver candidate must duplicate his chosen answer by pressing the appropriate key again. The result of the theoretical exam, as well as information about the correctness of the answers to the questions, are displayed on the computer screen of the driver candidate only after the answers to all questions are completed or after the set time has elapsed. At the same time, the exam sheet with the numbers of selected and correct answers, as well as the time spent on the theoretical exam, is displayed on the screen.  

     At the end of the theoretical APM exam, the driver candidate's questions are displayed on the screen, as well as the selected answers. The result of the theoretical exam from the driver candidate's automated control system is transmitted to the examiner's CPU for printing out the examination sheet for passing the theoretical exam in accordance with the prescribed form and the protocol of the exam results. The "PASSED" rating is given when a candidate driver has answered at least 32 questions correctly in the allotted time. Otherwise, the driver candidate will be rated "FAILED".

     If, while answering the questions, the candidate for drivers used any literature, technical means, or talked with other people, the theoretical exam is terminated and the candidate for drivers is given a "FAILED" grade. The examination sheet with the results of the theoretical exam is signed by the examiner.

     The state service related to taking the traffic rules exam is carried out in accordance with the Order of the Acting Minister of Internal Affairs of the Republic of Kazakhstan dated May 22, 2015 No. 473 "On Approval of regulations for public services in the field of road safety". The procedure for passing the theoretical exam is carried out by an employee of the registration and examination points in a specially equipped classroom, through computer testing for 40 minutes. If the service recipient receives a negative assessment based on the results of the theoretical exam, the employee of the registration and examination department of the internal affairs body returns the documents to the service recipient with a note of the results of the theoretical exam and notifies the service recipient of the date of the re-examination of the level of theoretical knowledge no earlier than:

     1) seven calendar days upon initial receipt of a driver's license after graduation from a training organization for the training of drivers of vehicles;

     2) when checking theoretical knowledge after the expiration of the validity period of the driver's license, the end of the period of deprivation of the right to drive a vehicle, the term for repeated exams is not regulated.

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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