Commentary on Article 601. Failure to Comply with the Requirements Prescribed by Road Signs or Roadway Markings of the Code of the Republic of Kazakhstan on Administrative Offences

1. Failure to comply with the requirements prescribed by road signs or roadway markings, except for cases provided for by other articles of this Chapter,—

shall entail a fine in the amount of three monthly calculation indices.

1. An act provided for in paragraph one of this Article, committed repeatedly within one year after the imposition of an administrative penalty,—

shall entail a fine in the amount of ten monthly calculation indices.

The object of the administrative offence under the Article commented on is public relations in the field of road traffic safety.

From the objective aspect, the administrative offence provided for in paragraph 1 of the Article under consideration is expressed in the form of two qualifying features:

1. failure to comply with the requirements prescribed by road signs;
2. failure to comply with the requirements prescribed by roadway markings.

It should be noted that if other articles of the Code of the Republic of Kazakhstan on Administrative Offences (hereinafter referred to as the CAO) expressly provide for administrative liability for administrative offences related to failure to comply with the requirements prescribed by road signs and markings, such administrative offences must not be classified under Article 601 of the CAO.

That is, the elements of the offences under the Article being examined are constituted where liability for failure to comply with the requirements prescribed by road signs or roadway markings is not provided for by other articles of Chapter 30 of the CAO.

For example, failure to comply with the requirements of road signs imposing speed limits on vehicles or prohibiting stopping or parking constitutes independent elements of offences provided for by Articles 592 and 597 of the CAO (see the commentaries to those Articles).

Article 26 of the Law of the Republic of Kazakhstan “On Road Traffic” dated 17 April 2014 provides for the basic requirements for ensuring road traffic safety in the process of its organisation. Road signs and signals, traffic light signals, and road markings installed on the roads of the Republic of Kazakhstan must comply with international treaties ratified by the Republic of Kazakhstan.

The types of road signs, their descriptions, parameters, colours, and other characteristics are established in accordance with the standards of the Republic of Kazakhstan, ST RK 1412-2010, “Technical Means of Traffic Management. Rules for the Application of Road Signs, Markings, Traffic Lights, Road Barriers and Guide Devices.”

The requirements of this standard take into account the general requirements of the Convention on Road Signs and Signals (Vienna, 1968) and the European Agreement supplementing that Convention (Geneva, 1971). The subject matter of this standard is the rules for applying technical means of traffic management, including road signs, markings, traffic lights, guide devices, and barrier fences on highways and streets in cities and populated areas of the Republic. The standard establishes the locations and distances at which road signs, markings, traffic lights, guide devices, and barrier fences must be placed in relation to one another, to the road, or directly on the road, including under constrained conditions. The application of newly introduced traffic management devices will make it possible to take international rules concerning their application in road traffic into account as fully as possible, as well as the climatic and geographical conditions and the existing road traffic safety conditions in Kazakhstan (speed limits, terrain, population density of the area, etc.), and to reduce the number and severity of road traffic accidents.

On the basis of this standard, the following terms used in the classification of the Article under examination have been defined:

1. road sign — a device in the form of a panel of a specific shape bearing symbols or inscriptions that inform road users (hereinafter referred to as traffic) about road conditions and traffic modes, as well as the locations of populated areas and other facilities;
2. road marking — lines, arrows, and other designations on the roadway, road structures, and elements of road equipment that serve as a means of visual orientation for road users or inform them of traffic restrictions and traffic modes.

In accordance with Appendix No. 1 to the Traffic Rules, the designation of road signs is carried out in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation, and road signs are classified into the following groups:

1. warning signs — intended to inform drivers that they are approaching a dangerous section of road where driving requires them to take measures appropriate to the circumstances;
2. priority signs — intended to establish the order in which intersections, crossings of roadways, or narrow sections of roads are to be passed;
3. prohibitory signs — introduce or cancel certain traffic restrictions;
4. mandatory signs — permit traffic only in the directions indicated by the arrows on the signs. Signs permitting a left turn also permit a U-turn where the configuration of the arrows corresponds to the required directions of travel at the particular intersection;
5. information and direction signs — signs that introduce or cancel certain traffic modes and also provide information about the locations of populated areas and other facilities;
6. service signs — intended to inform road users about the locations of relevant facilities;
7. additional information signs — signs (plates) that clarify or restrict the effect of the signs with which they are used.

Road signs must be placed in such a way that they are perceived only by the road users for whom they are intended and are not obscured by any obstacles (advertisements, green vegetation, outdoor lighting poles, etc.), while ensuring ease of maintenance and reducing the likelihood of damage.

When marking roads, the width of a traffic lane must be determined taking into account the road categories in accordance with the requirements of the applicable construction standards and regulations. On roads whose cross-sectional elements do not meet the requirements of the applicable construction standards and regulations, the width of a marked traffic lane must not be less than 3.0 m; the width of a lane intended for passenger cars may be reduced to 2.75 m, provided that the necessary restrictions on the traffic mode are introduced. On cement-concrete pavements, where a longitudinal road marking separating traffic flows travelling in the same direction coincides with a longitudinal joint, it may be applied adjacent to the joint on its left side in the direction of travel; a marking separating traffic flows travelling in opposite directions may be applied on either side.

Road markings may be used independently or in combination with road signs and traffic lights.

In accordance with Appendix No. 2 to the Traffic Rules, road markings are divided into horizontal and vertical markings:

1. horizontal road markings (lines, arrows, inscriptions, and other designations on the roadway) establish specific traffic modes and traffic procedures. Horizontal road markings may be white or yellow;
2. vertical road markings, in the form of combinations of black and white stripes on road structures and elements of road equipment, indicate their dimensions and serve as a means of visual orientation.

When initiating proceedings in a case of an administrative offence, it is necessary in each specific case to determine which of the applicable requirements prescribed by road signs or roadway markings was violated by the driver of the vehicle.

The objective aspect of paragraph 2 of the Article under consideration is characterised by the acts (omissions) provided for in paragraph one of this Article, committed repeatedly within one year after the imposition of an administrative penalty.

The subjective aspect of this Article may be expressed in the form of intentional or negligent guilt.

The subjects of the administrative offence under this Article are persons driving vehicles.

The following persons are authorised to examine proceedings in cases of administrative offences provided for by the Article commented on:

1. with respect to all paragraphs — chairpersons of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative police and migration police units, and the local police service of a region, a city of republican significance, or the capital, as well as their deputies (paragraph 1 of part 2 of Article 685 of the CAO);
2. with respect to paragraph 2 — heads of police departments and divisions, administrative police and migration police units, and local police service units of a district (city or district within a city), as well as their deputies (paragraph 2 of part 2 of Article 685 of the CAO);
3. with respect to paragraph one — employees of internal affairs bodies (the police) holding special ranks (paragraph 4 of part 2 of Article 685 of the CAO);
4. with respect to all paragraphs — authorised officials of military police bodies (part 1 of Article 727 of the CAO).

When an offence provided for by all paragraphs of Article 601 of the CAO is committed, police officers are entitled to detain and transport vehicles and prohibit their operation by arranging for their delivery to special areas or parking lots designated for temporary storage, or to areas adjacent to a stationary transport control post, including by using another vehicle (a tow truck), until the reasons for the detention have been eliminated (paragraph 1 of part 1 of Article 797 of the CAO).

Pursuant to Article 812 of the CAO, cases concerning all elements of offences provided for in part 1 of Article 601 of the CAO may also be examined at the place where the vehicle is registered or at the place of residence of the person against whom proceedings in the administrative offence case are being conducted.

Cases involving administrative offences committed by minors, their parents, or persons replacing them are examined at the place of residence of the person against whom proceedings in the administrative offence case are being conducted.

Scientific and Practical Commentary on the Code of the Republic of Kazakhstan on Administrative Offences (Article-by-Article), prepared by the team of authors:

Sergey Nikolaevich Bachurin, Candidate of Legal Sciences, Associate Professor — Chapter 48 (co-authored with E. M. Khakimov);

Mereke Trecovich Gabdualiyev, Candidate of Legal Sciences — Chapters 11, 21, 22, 23;

Ainur Maratovna Zhusipbekova, Master of Laws — Chapter 13 (co-authored with A. V. Karpekin); Chapters 33 and 39 (co-authored with O. T. Seitjanov);

Alexander Vladimirovich Karpekin, Candidate of Legal Sciences, Associate Professor — Chapter 13 (co-authored with A. M. Zhusipbekova);

Sergey Vasilyevich Korneychuk — Chapter 2; Chapter 6 (co-authored with O. T. Seitjanov and 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 Legal Sciences, Professor — Chapter 49;

Gulnara Bauyrzhanovna Kysykova, Candidate of Legal Sciences — Chapter 20;

Botagoz Akimgereyevna Omarova, Candidate of Legal Sciences — Chapter 17; Chapter 18 (co-authored with B. A. Parmankulova); Chapters 26 and 31; Chapter 32 (co-authored with B. A. Parmankulova);

Bayan Askhanbayevna Parmankulova — Chapter 18 (co-authored with B. A. Omarova); Chapter 19; Chapter 32 (co-authored with B. A. Omarova); Chapter 43 (co-authored with A. S. Tukiev);

Roman Anatolyevich Podoprigora, Doctor of Legal Sciences, Professor — Chapter 24, Articles 489, 489-1, 490;

Evgeny Viktorovich Porokhov, Doctor of Legal Sciences — Chapters 14, 15, 16, 29, Articles 471–475;

Olzhas Temirzhanovich Seitjanov, Candidate of Legal Sciences, Associate Professor — Chapter 4; Chapter 5 (co-authored with E. M. Khakimov); Chapter 6 (co-authored with S. V. Korneychuk and E. M. Khakimov); Chapters 9 and 10 (co-authored with B. E. Shaimerdenov and V. V. Filin); Chapter 33 (co-authored with A. M. Zhusipbekova); Chapter 36 (co-authored with B. E. Shaimerdenov); Chapter 39 (co-authored with A. M. Zhusipbekova);

Alexander Sergeyevich Smyshlyaev, PhD — Chapters 38, 40, 42, 43-1 (co-authored with A. S. Tukiev); Chapter 44;

Aslan Sultanovich Tukiev, Candidate of Legal Sciences, 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 D. A. Shipp); Chapter 45; Chapter 46 (co-authored with D. A. Shipp); Chapter 47;

Vladimir Vladimirovich Filin, Candidate of Legal Sciences, Associate Professor — Chapter 10 (co-authored with O. T. Seitjanov and B. E. Shaimerdenov);

Yerzhan Maratovich Khakimov, Master of Laws — Chapter 5 (co-authored with O. T. Seitjanov); Chapter 6 (co-authored with O. T. Seitjanov and S. V. Korneychuk); Chapter 7; Chapter 25 (co-authored with S. V. Korneychuk); Chapters 34 and 41; Chapter 48 (co-authored with S. N. Bachurin); Chapter 53;

Bolat Erkenovich Shaimerdenov, Master of Laws — Chapter 10 (co-authored with O. T. Seitjanov and V. V. Filin); Chapter 12; Articles 476–487, 507–509; Chapter 36 (co-authored with O. T. Seitjanov); Chapters 37, 50, 51;

Denis Alexeyevich Shipp — Chapters 44-1 and 46 (co-authored with A. S. Tukiev).

Date of amendment of the act: 01.01.2020

Date of adoption of the act: 01.01.2020

Place of adoption: 100050000000

Body that adopted the act: 103001000000

Region of application: 100000000000

Registration number of the regulatory legal act assigned by the rule-making body: 5

Status of the act: new

Area of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000

Form of the act: COMMENTARY / CODE

Legal force: 1900

Language of the act: Russian

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