Commentary on Article 607. Violation of the Rules for Crossing Railway Crossings of the Code of the Republic of Kazakhstan on Administrative Offences
- Crossing railway tracks outside a railway crossing, entering a railway crossing when the barrier is closed or closing, or when a prohibiting signal is displayed by a traffic light or given by the railway crossing attendant shall result in a fine of ten monthly calculation indices.
- The actions provided for in Part One of this Article, committed repeatedly within one year after the imposition of an administrative penalty, shall result in deprivation of the right to drive a vehicle for a period of six months.
The object of the administrative offence is public relations in the field of road traffic safety.
The rules for crossing railway crossings are provided for in the Traffic Rules. In accordance with the Traffic Rules, a railway crossing is defined as the intersection of a road with railway tracks at the same level. The boundary of a railway crossing is the section of road bounded by an imaginary line located at a distance of 10 metres from the nearest rail.
The objective element of the administrative offence under consideration is expressed in unlawful acts (omissions) that violate the rules for crossing railway tracks and is characterised by four qualifying features, namely:
- crossing railway tracks outside a railway crossing;
- entering a railway crossing when the barrier is closed or closing;
- entering a railway crossing when a prohibiting traffic light signal is displayed;
- entering a railway crossing when a prohibiting signal is given by the railway crossing attendant.
Pursuant to subparagraph 27) of paragraph 4 of Article 54 of the Law of the Republic of Kazakhstan dated 17 April 2014 No. 194 “On Road Traffic”, drivers of vehicles are prohibited from entering a railway crossing:
- when the barrier is closed or beginning to close, regardless of the traffic light signal;
- when a prohibiting traffic light signal is displayed, regardless of the position or presence of the barrier;
- when a prohibiting signal is given by the railway crossing attendant (the attendant faces the driver with their chest or back, holds a baton, red lantern or flag in a raised hand, or stands with both arms extended to the sides);
- if a traffic jam has formed on the other side of the crossing that would force the driver to stop on the crossing;
- if a train (locomotive, railcar) is approaching the crossing within the driver's field of vision;
- to cross railway tracks outside railway crossings.
According to Section 15 of the Traffic Rules, drivers of vehicles may cross railway tracks only at railway crossings and must give way to a train (locomotive, railcar).
When approaching a railway crossing, the driver is required to comply with the requirements of road signs, traffic lights and road markings, take into account the position of the barrier and the instructions of the railway crossing attendant, and make sure that no train (locomotive, railcar) is approaching.
Entering a railway crossing is prohibited:
- when the barrier is closed or beginning to close, regardless of the traffic light signal;
- when a prohibiting traffic light signal is displayed, regardless of the position or presence of the barrier;
- when a prohibiting signal is given by the railway crossing attendant (the attendant faces the driver with their chest or back, holds a baton, red lantern or flag in a raised hand, or stands with both arms extended to the sides);
- if a traffic jam has formed on the other side of the crossing that would force the driver to stop on the crossing;
- if a train (locomotive, railcar) is approaching the crossing within the driver's field of vision.
In addition, the following are prohibited:
- crossing railway tracks outside railway crossings;
- passing vehicles waiting in front of a railway crossing by entering the lane for oncoming traffic;
- opening the barrier without authorisation;
- moving agricultural, road construction, construction and other machines and mechanisms across a railway crossing in a non-transport position;
- operating slow-moving machines with a speed of less than 8 km/h, as well as tractor-drawn sledges, without the permission of the head of the railway track maintenance section.
According to paragraph 11.5 of the Traffic Rules, overtaking is prohibited at railway crossings and within 100 metres before them.
Pursuant to paragraph 12.4 of the Traffic Rules, stopping a vehicle on railway crossings is prohibited.
In accordance with paragraph 12.5 of the Traffic Rules, parking is prohibited within 50 metres of railway crossings. Where movement across a crossing is prohibited, the driver must stop at the stop line, road sign 2.5 under the Traffic Rules, or traffic light; if none of these is present, the driver must stop at the boundary of the railway crossing.
It should be noted that where a driver crosses a railway crossing against a prohibiting traffic light signal or a prohibiting gesture of a traffic controller, additional classification under Article 599 of the Code of the Republic of Kazakhstan on Administrative Offences is not required.
The objective element of Part Two of the Article under consideration is characterised by the actions (omissions) provided for in Part One of this Article, committed repeatedly within one year after the imposition of an administrative penalty.
Paragraph 21 of Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated 6 October 2017, “On Certain Issues Concerning the Application by Courts of the Provisions of the Special Part of the Code of the Republic of Kazakhstan on Administrative Offences”, explains the specific features of repeated administrative offences. An offence is not recognised as repeated if the person was exempted from administrative liability and an administrative penalty for a previously committed offence on grounds established by law.
Paragraph 17 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 20 April 2018 explains that, when describing the circumstances of an offence, all qualifying features of the offence arising from the wording of the provision of the Special Part of the Code on Administrative Offences charged against the offender must be specified, including the repeated nature of the actions. A copy of the court decision or decision of an official that has entered into legal force and confirms the fact of the repeated commission of the offence, or information from the bodies of the Committee on Legal Statistics and Special Records of the General Prosecutor’s Office of the Republic of Kazakhstan, must be attached to the case materials concerning the administrative offence. When determining whether an offence is repeated, the court must proceed from the provisions of the General Part of the Code on Administrative Offences concerning the period during which a person is considered to have been subjected to an administrative penalty, as stipulated in Article 61 of the Code.
The subjective element of an offence under this Article may take the form of intentional or negligent guilt.
The subjects of the administrative offence under this Article are all natural persons, namely drivers of vehicles.
The following officials and bodies are authorised to hear administrative offence cases provided for in the Article under consideration:
- under Part Two — judges of specialised district administrative courts and equivalent administrative courts;
- under Part One — chairpersons of committees and heads of departments of the Ministry of Internal Affairs of the Republic of Kazakhstan; heads of territorial internal affairs bodies; heads of administrative police and migration police units; heads of the local police service of a region, a city of republican significance or the capital, and their deputies (subparagraph 1 of paragraph 2 of Article 685 of the Code on Administrative Offences);
- under Part One — employees of internal affairs bodies (the police) holding special ranks (subparagraph 4 of paragraph 2 of Article 685 of the Code on Administrative Offences);
- under Part One — authorised officials of military police bodies (Part One of Article 727 of the Code on Administrative Offences).
When an offence provided for in any part of Article 607 of the Code on Administrative Offences is committed, police officers are entitled to detain vehicles, arrange for their delivery, and prohibit their operation by transporting them for temporary storage to special impound areas, parking facilities, or 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 (subparagraph 1 of paragraph 1 of Article 797 of the Code on Administrative Offences).
The following persons are authorised to initiate proceedings in administrative offence cases provided for in the Article under consideration:
- employees of internal affairs bodies (the police) holding special ranks (subparagraph 1 of paragraph 1 of Article 804 of the Code on Administrative Offences);
- military police bodies of the Armed Forces of the Republic of Kazakhstan, in respect of offences committed by military personnel, persons liable for military service who have been called up for military training, and persons driving vehicles belonging to the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan (subparagraph 4 of paragraph 1 of Article 804 of the Code on Administrative Offences) (subparagraph 4 of paragraph 1 of Article 804 of the Code on Administrative Offences);
- military police bodies of the National Security Committee of the Republic of Kazakhstan, in respect of offences committed by persons driving vehicles belonging to special state bodies (subparagraph 5 of paragraph 1 of Article 804 of the Code on Administrative Offences);
- military police bodies of the National Guard of the Republic of Kazakhstan, in respect of offences committed by military personnel and persons liable for military service who have been called up for military training (subparagraph 6 of paragraph 1 of Article 804 of the Code on Administrative Offences);
- the State Security Service of the Republic of Kazakhstan during the conduct of security operations (subparagraph 46 of paragraph 1 of Article 804 of the Code on Administrative Offences).
Pursuant to Article 812 of the Code on Administrative Offences, cases concerning all elements of offences provided for in all parts of Article 607 of the Code on Administrative Offences may also be heard at the place where the vehicle is registered or at the place of residence of the person against whom proceedings concerning the administrative offence are being conducted.
Cases concerning administrative offences committed by minors, their parents or persons replacing them shall be heard at the place of residence of the person against whom proceedings concerning the administrative offence are being conducted.
Scientific and Practical Commentary on the Code of the Republic of Kazakhstan on Administrative Offences (Article-by-Article Commentary)
Editorial team:
Sergey Nikolaevich Bachurin, Candidate of Legal Sciences, Associate Professor — Chapter 48 (co-authored with E. M. Khakimov);
Mereke Trekovich Gabdualiev, Candidate of Legal Sciences — Chapters 11, 21, 22 and 23;
Ainur Maratovna Zhusipbekova, Master of Law — 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 Vasilievich 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 and 491–506; Chapters 28, 30 and 52;
Ilya Petrovich Koryakin, Doctor of Legal Sciences, Professor — Chapter 49;
Gulnara Bauyrzhanovna Kysykova, Candidate of Legal Sciences — Chapter 20;
Botagoz Akimgereevna Omarova — Chapter 17; Chapter 18 (co-authored with B. A. Parmankulova); Chapters 26 and 31; Chapter 32 (co-authored with B. A. Parmankulova);
Bayan Askhanbaevna 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 and 490;
Evgeny Viktorovich Porokhov, Doctor of Legal Sciences — Chapters 14, 15, 16 and 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; Chapter 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 Sergeevich Smyshlyaev, PhD — Chapters 38, 40, 42 and 43-1 (co-authored with A. S. Tukiev); Chapter 44;
Aslan Sultanovich Tukiev, Candidate of Legal Sciences, Associate Professor — Chapters 1, 3 and 35; Chapters 38, 40 and 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);
Yerzhаn Maratovich Khakimov, Master of Law — 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 Law — Chapter 10 (co-authored with O. T. Seitjanov and V. V. Filin); Chapter 12; Articles 476–487 and 507–509; Chapter 36 (co-authored with O. T. Seitjanov); Chapters 37, 50 and 51;
Denis Alekseevich 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
Scope 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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