Commentary to article 571. Violation of the rules of transportation of passengers, baggage and cargo The Code of the Republic of Kazakhstan on Administrative Offences

Home / Codes / Commentary to article 571. Violation of the rules of transportation of passengers, baggage and cargo The Code of the Republic of Kazakhstan on Administrative Offences

1. Violation of the rules of international transportation of passengers, baggage and cargo, with the exception of transportation by road and rail, -

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

2. Violation of the rules of passenger and baggage transportation by road -

entails a fine for individuals in the amount of five, for small businesses - in the amount of ten, for medium-sized businesses - in the amount of fifteen, for large businesses - in the amount of twenty-five monthly calculation indices.

2-1. Violation of the rules of transportation of goods by road - entails a fine for individuals in the amount of five, for small businesses - in the amount of ten, for medium-sized businesses - in the amount of fifteen, for large businesses - in the amount of twenty-five monthly calculation indices.

3. The actions provided for in parts two and 2-1 of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

They impose a fine on individuals in the amount of ten, on small businesses - in the amount of fifteen, on medium-sized businesses - in the amount of twenty, on large businesses - in the amount of fifty monthly calculation indices.

4. Violation of the rules of transportation of goods, passengers, baggage and cargo-baggage by rail -

entails a fine for individuals in the amount of five, for officials in the amount of ten, for small businesses in the amount of fifteen, for medium-sized businesses in the amount of twenty-five, for large businesses in the amount of thirty-five monthly calculation indices.

5. Transportation of dangerous goods by motor vehicles or specialized motor vehicles in violation of established rules, as well as without a special permit for the transportation of dangerous goods of Classes 1, 6 and 7 -

entails a fine for individuals in the amount of twenty, for small businesses - in the amount of thirty, for medium-sized businesses - in the amount of forty, for large businesses - in the amount of fifty monthly calculation indices.

6. Passage of heavy vehicles exceeding weight parameters, including those recorded using special automated measuring devices, as well as without special permission -

entails a fine in excess of the permissible weight parameters from one to five tons for individuals in the amount of forty, for small businesses - in the amount of eighty, for medium-sized businesses - in the amount of one hundred and twenty, for large businesses - in the amount of two hundred monthly calculation indices, in excess of five to ten tons for individuals - in the amount of eighty, for small businesses - in the amount of one hundred and thirty, for medium-sized businesses - in the amount of one hundred and eighty, for large businesses - in the amount of two hundred and eighty monthly calculation indices, in excess of ten tons and above for individuals - in the amount of one hundred and eighty, for small businesses - in the amount of four hundred and eighty, for medium-sized businesses - in the amount of seven hundred and eighty, for large businesses - in the amount of in the amount of one thousand monthly calculation indices.

7. Passage of large vehicles exceeding the overall parameters, including those recorded using special automated measuring devices, as well as without special permission -

8. Passage of bulky and (or) heavy vehicles exceeding one of the parameters or deviating from the route or time limits specified in the special permit, -

9. Exceeding by the shipper of the permissible weight and (or) dimensional parameters established by the legislation of the Republic of Kazakhstan during the loading of the vehicle -

entails a fine for individuals in the amount of thirty, for small businesses - in the amount of fifty, for medium-sized businesses - in the amount of eighty, for large businesses - in the amount of one hundred monthly calculation indices.

The article was significantly changed on the basis of the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses". There were several reasons for this. Firstly, the norm was not applied in practice, as there were no rules for international transportation in Kazakhstan. Secondly, there has been a differentiation of offences, since the transportation of passengers and luggage on transport is regulated by separate rules. Finally, homogeneous offences were included in one article 571 of the Administrative Code, which were previously contained in Article 593 of the Administrative Code.

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

The direct object of Part 1 of the offense in question is the social and legal relations that arise when observing the rules that ensure the order and safety of international transportation of passengers and cargo by air and sea.

The objective side of Part 1 of the article under consideration is characterized by actions (inactions) in the form of violations of the rules of international transportation of passengers, baggage and cargo, with the exception of transportation by road and rail.

The instrument of committing an offense is transport, except for railway and automobile transport. Unfortunately, in the disposition of part 1 of the commented article, the legislator did not clearly define the type of transport on which the rules of international transportation of passengers, baggage and cargo are regulated.

Paragraph 6 of Article 1 of the Law of the Republic of Kazakhstan dated September 21, 1994 No. 156 "On Transport" defines transport, and based on this concept, the following types of transport can be defined:

1)railway;

2) Automobile;

3) Marine;

4) Inland waterway;

5) Air;

6) Urban rail;

7) main pipeline.

Moreover, the listed modes of transport must be registered in the territory of the Republic of Kazakhstan.

According to the meaning of the concept of transport of the Republic of Kazakhstan, in our case, only sea and air transport should be considered an instrument of offense, since it is possible to carry out international transportation of passengers, baggage and cargo only on them.

According to the Law of the Republic of Kazakhstan dated January 17, 2002 No. 284 "On Merchant Shipping", a marine vessel is a self-propelled or non-self-propelled floating structure, including a non-displacement vessel and a seaplane used for commercial navigation.

The concept of an aircraft is given by the Law of the Republic of Kazakhstan dated July 15, 2010 "On the use of the Airspace of the Republic of Kazakhstan and Aviation activities". According to paragraph 40 of Article 1 of this law, an aircraft is an apparatus maintained in the atmosphere due to its interaction with air, excluding interaction with air reflected from the earth's (water's) surface.

Approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015:

1) Rules of transportation of passengers and baggage by sea transport of the Republic of Kazakhstan;

2) Rules of cargo transportation by sea transport of the Republic of Kazakhstan.

Under the contract for the carriage of a passenger by sea, the carrier undertakes to transport the passenger and baggage to the port or destination, in case of its delivery by the passenger, and to hand over the baggage to the passenger or a person authorized to receive the baggage, and the passenger undertakes to pay for the fare, and upon baggage check-in, for baggage transportation.

Cargo transportation by sea in international transit through the Republic of Kazakhstan is carried out in accordance with the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

International air transportation is carried out taking into account the Convention for the Unification of Certain Rules of International Air Transportation, ratified by the Law of the Republic of Kazakhstan dated March 19, 2015 No. 297. International carriage within the meaning of this Convention is any carriage in which, according to the definition of the parties, the place of departure and the place of destination, regardless of whether there is a break in transportation or transshipment, are located either on the territory of two States Parties or on the territory of the same State Party, if an agreed stop is provided for. on the territory of another State, even if that State is not a participating State. Carriage without such a stopover between two points located in the territory of the same State Party shall not be considered as international within the meaning of this Convention.

International flights of aircraft of the Republic of Kazakhstan are carried out on the basis and in accordance with the conditions:

1) international treaties to which the Republic of Kazakhstan is a party;

2) legislation of the Republic of Kazakhstan in the field of use of the airspace of the Republic of Kazakhstan and aviation activities;

3) special permits for one-time flights issued by the competent authorities of the relevant foreign States.

When performing international transportation, the Rules for the Transportation of Passengers, baggage and Cargo by air are applied, approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 540. These Rules are applied to the extent that they do not contradict international treaties ratified by the Republic of Kazakhstan, as well as the legislation of the country on the territory from or through the territory of which such transportation is carried out.

The carrier organizes, provides and performs the transportation of passengers on regular flights in accordance with the air transportation contracts concluded by the airline. Passengers carry unregistered baggage, the total weight of which is determined by the airline.

The procedure for the carriage of goods by air is defined in paragraphs 80-124 of the above-mentioned Rules for the Carriage of Passengers, Baggage and Cargo by Air. Cargo transportation is carried out on the basis of waybills. The consignment note is a document certifying the conclusion of an air cargo transportation agreement between the airline and the sender, the conditions of carriage and acceptance of the cargo by the airline. The consignment note is issued on paper or electronically. When issued on paper, the consignment note is signed by the sender and handed over to the airline along with the cargo, and when issued electronically, the consignment note is sent to the airline via electronic communication channels.

The subject of part 1 of the offense under investigation is the persons responsible for compliance with the rules of international transportation of passengers, baggage and cargo by sea and air.

The subjective side of part 1 of the commented article can be expressed as either direct intent or carelessness.

The direct object of parts 2, 2-1 and 3 of the offense in question is the social and legal relations that arise when observing the rules governing the transportation of passengers, baggage and cargo by road

The objective side of the 2nd part of the article under consideration is characterized by actions (inactions) in the form of violation of the rules of transportation of passengers and luggage by road.

Paragraph 4 of Article 1 of the Law of the Republic of Kazakhstan "On Road Transport" dated July 4, 2003 No. 476 defines the normative concept of road transport. Road transport is a branch of the economy, the sphere of activity of which is the organization and implementation of transportation of passengers, baggage, cargo and mail using vehicles and infrastructure.

The Rules of the Road dated November 13, 2014 No. 1196 defines the concepts of passenger and baggage. Baggage is the passenger's property packed and transported in the luggage compartment of a bus, minibus or baggage car accompanying a bus, minibus, within the limits of the norms established by the Rules for Transporting Passengers and Luggage by Road, as well as in a taxi on the basis of an additional agreement with the carrier." Passenger - a person who is on (in) a vehicle and is not driving it.

At the subordinate level, the Rules of passenger and baggage transportation by road are regulated by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 349.These Rules apply throughout the Republic of Kazakhstan and are mandatory for all individuals and legal entities, regardless of their forms of ownership.

By the nature of the organization, automobile transportation of passengers and luggage is divided into regular and irregular.

Regular automobile transportation of passengers and luggage is transportation carried out by carriers using buses, minibuses, trolleybuses along pre-agreed routes, timetables with established starting and ending points, passenger boarding and disembarkation points. When organizing regular automobile transportation of passengers and luggage, the vehicles (buses, minibuses or trolleybuses) that will be used for transportation are determined in advance.

When carrying out regular automobile transportation of passengers and baggage, the carrier ensures that the vehicle has a waybill, which is issued by the carrier for a shift or flight, with notes on the passage of pre- and post-flight medical examination of the driver and technical inspection of the vehicle.

Irregular automobile transportation of passengers and baggage is organized by carriers and carried out using buses and minibuses that comply with the requirements of the above-mentioned Rules for the Transportation of Passengers and Baggage.

Irregular transportation is divided into:

1) transportation on one-time orders (requests) of individuals and legal entities. Such transportation includes: tourist, sightseeing, event services. One-time transportation can be carried out on a contractual basis for a certain period of time.;

2) taxi transportation.

According to paragraph 10 of the Rules for Passenger and Baggage Transportation by Road on routes of regular international, intercity interregional, inter-district (intercity intra-regional), automobile transportation of passengers and baggage, where the carrier organizes the movement of baggage cars, passengers can check in their luggage (cargo) for transportation in a baggage car.

Violation of the mechanism for transporting passengers and luggage by road, established by the order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 349, constitutes an administrative offense under Part 2 of Article 571 of the Administrative Code.

The objective side of part 2-1 of the article under consideration is characterized by actions (omissions) in the form of violations of the rules of transportation of goods by road.

On the basis of the Law of the Republic of Kazakhstan dated July 4, 2003 No. 476 "On Road Transport", goods are property accepted for transportation in accordance with the requirements established by the Rules for the Transportation of Goods by Road.

At the subordinate level, the procedure for the transportation of goods by road is regulated by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 546 "On approval of the Rules for the transportation of goods by road". These rules define the procedure for the transportation of goods by road, which will include:

1) delivery time of goods;

2) the procedure for the organization and implementation of road transportation of goods;

3) the procedure for applying the consignment note;

4) requirements for cargo loading and unloading points;

5) the procedure for receiving goods for road transportation, as well as processing, storage and delivery of goods at the destination;

6) the procedure for the sale of perishable goods;

7) the procedure for the transportation of goods with declared value;

8) Cargo labeling procedure;

9) cargo sealing procedure;

10) the procedure for drawing up acts;

11) the procedure for changing and terminating contracts for the carriage of goods;

12) cargo retention procedure;

13) the order of transportation of certain types of goods;

14) the procedure for the inspection of motor vehicles carrying perishable goods in international traffic;

15) requirements for vehicles carrying perishable goods.

Violation of the mechanism of cargo transportation by road, established by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 546, constitutes an administrative offense under Part 2-1 of Article 571 of the Administrative Code.

The objective side of Part 3 of the article under consideration is characterized by repeated illegal actions provided for in parts two and 2-1 of this article, committed repeatedly within a year after the imposition of an administrative penalty.

The subject of parts 2, 2-1 and 3 of the commented offense are individuals and legal entities in the form of small, medium and large businesses responsible for the transportation of goods, passengers and luggage by road.

On the subjective side, the offense provided for in parts 2, 2-1 and 3 of Article 571 of the Administrative Code can be committed either intentionally or negligently.

The direct object of Part 4 of the offense in question is the social and legal relations that arise when rail transportation is observed.

The objective side of Part 4 of the article under consideration is characterized by actions (inactions) related to violations of the rules of transportation of goods, passengers, baggage and cargo-baggage by rail. The Law of the Republic of Kazakhstan dated December 8, 2001 No. 266 "On Railway Transport" regulates public relations between carriers, participants in the transportation process, government agencies, passengers, senders, recipients, shippers, consignees, and other individuals and legal entities when transporting passengers, baggage, cargo, baggage, and mail by rail. Article 1 of this law defines the normative concepts used in the disposition of Part 4 of the commented article, namely:

1) baggage - property weighing not more than two hundred kilograms accepted for carriage on a passenger or mail-baggage train (item 5);

2) passenger - an individual who has a travel document (ticket) and travels by train (item 12);

3) cargo - property accepted under the contract for carriage on a freight train (clause 17);

4) cargo baggage - property weighing more than two hundred kilograms accepted for carriage in passenger and mail-baggage trains (item 19).

At the subordinate level, the mechanism of transportation of passengers, baggage, cargo, baggage and mail is regulated by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 545. This order approved three rules, namely:

1) Rules of transportation of passengers, baggage and cargo by rail;

2) Rules of transportation of goods by rail;

3) Rules of transportation of mail items by rail.

Violation of the mechanism of transportation of goods, passengers, baggage and cargo-baggage by rail, as set out in all three of the above rules, constitutes an administrative offense under Part 4 of Article 571 of the Administrative Code.

Transportation of passengers, baggage, and cargo by rail in international and transit traffic through the Republic of Kazakhstan is carried out in accordance with the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

The subject of part 4 of the commented offense is individuals and legal entities in the form of small, medium and large businesses responsible for the transportation of goods, passengers, baggage and cargo-baggage on railway transport.

On the subjective side, the offense provided for in Part 4 of Article 571 of the Administrative Code can be committed either intentionally or negligently.

The direct object of Part 5 of the offense under consideration is the social and legal relations that arise when dangerous goods are transported by road.

The objective side of part 5 of the article under consideration is characterized by four qualifying features in the form of:

1) transportation of dangerous goods by motor vehicles in violation of the established rules;

2) transportation of dangerous goods by specialized motor vehicles in violation of the established rules;

3) transportation of dangerous goods by motor vehicles without a special permit for the transportation of dangerous goods of classes 1, 6 and 7;

4) transportation of dangerous goods by specialized motor vehicles without a special permit for the transportation of dangerous goods of classes 1, 6 and 7.

37 of the Law of the Republic of Kazakhstan dated July 4, 2003 "On Road Transport" recognizes as dangerous goods any substances, materials, products, waste from industrial and other activities that, due to their inherent properties, may cause an explosion, fire or damage to technical means and devices during transportation, loading and unloading and storage., buildings and structures, as well as deaths, injuries and diseases of people, animals, harm the natural environment.

Vehicles carrying dangerous goods must be equipped with emergency call devices. Motor vehicles carrying dangerous goods of Classes 1, 6 and 7 are additionally equipped with devices for continuous transmission of real-time data on speed and route compliance.

At the subordinate level, the mechanism of transportation of dangerous goods by road and the list of dangerous goods allowed for transportation by motor vehicles on the territory of the Republic of Kazakhstan was approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated April 17, 2015 No. 460. This order approved:

1) rules for the transportation of dangerous goods by road;

2) the list of dangerous goods allowed for transportation by motor vehicles on the territory of the Republic of Kazakhstan.

Cargoes belonging to classes 1,6 and 7 are listed in a special table of the list of dangerous goods approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated April 17, 2015 No. 460. A special permit for the transportation of dangerous goods of classes 1, 6 and 7 by motor vehicle is issued by the territorial divisions of the Transport Committee of the Ministry of Investment and Development. development of the Republic of Kazakhstan. A special permit is issued for one or more identical shipments, as well as for a batch of dangerous goods transported along a specific route, for a period of 1 year.

The driver carrying out the transportation must complete a pre-trip briefing on the transportation of dangerous goods before starting the trip and have the following accompanying documents with him:

1) registration documents for a motor vehicle;

2) a waybill indicating the route of transportation in accordance with the requirements of these Rules, marked "Dangerous cargo";

3) instructions for the driver;

4) certificate of the driver's admission to the transportation of dangerous goods on the territory of the Republic of Kazakhstan;

5) the form of the route of transportation of dangerous goods of classes 1, 6 and 7, according to the list of dangerous goods allowed for transportation by motor vehicles in the territory of the Republic of Kazakhstan;

6) bill of lading;

7) an emergency action plan developed by the shipper;

8) addresses and telephone numbers of the carrier, the shipper, the recipient, authorized bodies for monitoring the safe operation of transport, road safety, and civil protection located along the route.

The driver must follow the established and agreed route for the transportation of dangerous goods and parking areas. When driving a vehicle with dangerous cargo, the driver should not:

1) start the vehicle abruptly;

2) slow down sharply;

3) drive with the clutch and engine off;

4) smoking in the vehicle while driving (smoking is allowed during stops no closer than 50 m from the parking area of the vehicle);

5) use an open flame (in exceptional cases, for cooking, the fire can be lit at a distance of no closer than 200 m from the parking lot of vehicles);

6) leave the vehicle unattended.

Special requirements are imposed on the training of drivers of vehicles transporting dangerous goods, which are provided for by the Rules for organizing special training courses for drivers of vehicles transporting dangerous goods, approved by Order No. 88 of the Minister of Transport and Communications of the Republic of Kazakhstan dated February 24, 2011. Drivers of vehicles carrying dangerous goods, in accordance with international requirements and the legislation of the Republic of Kazakhstan, undergo special training in the form of courses approved by the competent authority and receive a certificate of admission to the transportation of dangerous goods on the territory of the Republic of Kazakhstan of the established pattern or a certificate of training for drivers of vehicles transporting dangerous goods in international traffic of the established pattern.

The subject of part 5 of the commented offense are individuals and legal entities in the form of small, medium and large businesses responsible for the transportation of dangerous goods by road.

On the subjective side, the offense provided for in Part 5 of Article 571 of the Administrative Code can be committed either intentionally or negligently.

The direct object of parts 6-9 of the offense under consideration is the social and legal relations that arise when observing the rules for the formation and passage of heavy, oversized motor vehicles.

Part 6 of the analyzed article has an unusual design, since the bluntness of the article's disposition is significantly revealed by the content of the sanction.

The objective side of the 6th part of the commented article is expressed by actions (inactions) and is characterized by five qualifying signs in the form of:

1) passage of heavy vehicles exceeding the weight parameters from 1 to 5 tons;

2) passage of heavy vehicles exceeding the weight parameters from 5 to 10 tons;

3) passage of heavy vehicles exceeding weight parameters from 5 to 10 tons and above;

4) passage of heavy vehicles with violation of weight parameters, recorded using special automated measuring devices;

5) the passage of heavy vehicles without a special permit.

The first three offences are identical, but depending on the excess of the weight parameters, different penalties are applied to the offenders. That is, the higher the standard weight parameters, the more severe the sanction.

Based on Articles 19-5 of the Law of the Republic of Kazakhstan dated July 4, 2003 No. 476 "On Motor Transport", various forms of transport control of heavy motor vehicles on the territory of the Republic of Kazakhstan are used by:

1) measuring instrument and dimensional frames;

2) stationary type weighing equipment or portable mobile scales;

3) special automated measuring instruments.

Transport control over the fulfillment of the requirements of the licensing system for international road transport in the Republic of Kazakhstan at the posts is carried out by checking the availability of special permits for large and (or) heavy vehicles to travel on the highways of the Republic of Kazakhstan.

At the subordinate level, the rules for the organization and transportation of heavy goods in the territory of the Republic of Kazakhstan were approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated February 27, 2015 No. 206. The rules define the procedure for the transportation of goods that, taking into account the dimensions, weight and (or) axial loads of the vehicle, exceed the permissible overall and weight parameters established in the territory of the Republic of Kazakhstan for driving on public roads, as well as streets of populated areas.

The blank concepts used in the disposition of Part 6 of the article under consideration are disclosed by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated February 27, 2015 No. 206.

A heavy–duty vehicle is a vehicle with or without cargo, the total mass or load distribution along the axes of which exceeds the maximum permissible loads for this category of roads and structures on them.

Special permit for the passage of heavy and (or) bulky vehicles through the territory of the Republic of Kazakhstan is a paper permit or an electronic document granting the right of passage to domestic and foreign bulky and (or) heavy vehicles through the territory of the Republic of Kazakhstan with or without cargo exceeding the size, weight and (or) weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding the weight of vehicles exceeding axial loads above the permissible parameters of vehicles intended for movement on the highways of the Republic of Kazakhstan (hereinafter referred to as – special permission).

When determining the weight parameters of vehicles, an act of weighing (measuring) the parameters of the vehicle is drawn up, taking into account the established errors of the measuring equipment, which are interpreted in favor of the carrier.

If a violation is established, the driver of the vehicle and (or) the carrier or the shipper are brought to administrative responsibility, and further operation of the vehicle (dump truck) is not allowed until the identified violation is eliminated.

The objective side of the 7th part of the commented article is expressed by actions (inactions) and is characterized by three qualifying features in the form of:

1) passage of large vehicles exceeding the overall parameters;

2) passage of large vehicles, recorded using special automated measuring devices;

3) passage of large vehicles without a special permit.

In accordance with the Law of the Republic of Kazakhstan dated July 17, 2001 No. 245 "On Highways", an oversized vehicle is a vehicle with or without cargo that exceeds the overall dimensions established by regulatory legal acts.

A special permit is issued by the authorized body or state revenue authorities after the route has been established and the amount of the fee for the passage of motor vehicles through the territory of the Republic of Kazakhstan has been paid at the rates established by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget".

At night, on roads outside populated areas, as well as in case of heavy traffic during daylight hours, transportation is allowed only if a large and (or) heavy vehicle is accompanied by a cover or escort vehicle. When driving during daylight hours on large and (or) heavy vehicles, as well as on cover and escort vehicles, low beam headlamps are switched on.

The presence of a cover car is mandatory in all cases where:

1) the width of a large vehicle exceeds 3.5 meters;

2) the length of a large-sized vehicle exceeds 24 meters;

3) the height of a large vehicle from the road surface exceeds 4.5 meters;

4) in other cases, when the Special Permit in the column "Special traffic conditions" indicates that traffic on any road structure located on the route is allowed in a single order or other conditions are indicated that require operational impact on the organization of traffic on certain sections of the route.

The presence of an escort vehicle is mandatory in all cases when:

1) the width of a large vehicle exceeds 4.0 meters;

2) the length of a large vehicle exceeds 30.0 meters;

3) a motor vehicle with or without cargo, the total mass or load distribution along the axes of which exceeds the maximum permissible loads determined by the coordinating organizations for the category of roads and structures on them along the route.

When driving a large-sized motor vehicle, it is not allowed:

1) to embark on a flight without a Special Permit, with an expired or incorrectly issued Special Permit, in the absence of signatures of officials specified in the Special Permit;

2) make any changes or additions to the Special Permit;

3) deviate from the established route;

4) exceed the speed specified in the Special Permit;

5) overtaking vehicles moving at a speed of 30 km/h or more;

6) Tow other vehicles;

7) to drive in adverse meteorological conditions (ice, visibility less than 100 m);

8) move along the side of the road if such a traffic order is not determined by the conditions of carriage;

9) stop outside specially designated parking lots located outside the carriageway;

10) continue driving in the event of a technical malfunction of the vehicle or a violation of the fastening of the cargo, threatening the safety of movement and (or) the safety of the cargo.

The objective side of the 8th part of the commented article is expressed by actions and is characterized by three qualifying features in the form of:

1) passage of large and (or) heavy vehicles exceeding one of the parameters specified in the special permit;

2) passage of large and (or) heavy vehicles with a deviation from the route indicated in the special permit;

3) passage of bulky and (or) heavy vehicles with a deviation of the time limits specified in the special permit.

According to paragraph 30 of the Rules of Passage for bulky and (or) Heavy vehicles, approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated February 27, 2015 No. 206, the procedure for monitoring the above-mentioned offenses is provided.

If it is established that heavy and (or) bulky vehicles are traveling in excess of the permissible weight and (or) overall parameters without a special permit or exceeding one of the parameters or deviating from the route or time limits specified in the special permit, measures to ensure proceedings on an administrative offense provided for by the Administrative Code and transportation are applied. resumes in cases of:

1) the carrier continues to follow the route in excess of the weight and (or) overall parameters of the vehicle and pays the fee for the passage of vehicles for the entire route with special permission without approval for the actually completed part of the route – if the passage of an oversized and (or) heavy vehicle is detected without special permission;

2) unloading of a motor vehicle by the carrier in order to bring it into compliance with the permissible parameters of motor vehicles intended for movement on the highways of the Republic of Kazakhstan established in the territory of the Republic of Kazakhstan, as well as the departure of a motor vehicle from the territory of the Republic of Kazakhstan across the State Border of the Republic of Kazakhstan coinciding with the customs border of the Customs Union, and payment of the amount of the toll for the passage of motor vehicles for actually completing a part of the route without a special permit – when detecting the passage of an oversized and (or) heavy vehicle;

3) after the carrier pays an additional fee for the passage of motor vehicles for the actual route traveled and receives a special permit indicating the actual weight and (or) overall parameters – if it is revealed that one of the parameters of a large and (or) heavy vehicle exceeds those specified in the special permit.;

4) after payment by the carrier of the amount of the fee for the passage of vehicles along the actual route traveled and obtaining a special permit in accordance with the procedure established by these Rules, if the passage of an oversized and (or) heavy vehicle with a deviation from the route specified in the special permit is detected.;

5) after the extension by the authorized body or the state revenue authorities of the period in the special permit – upon detection of the passage of large and (or) heavy vehicles with deviations from the terms specified in the special permit.

6) after the administrative police have allocated an escort vehicle when detecting the passage of an oversized and (or) heavy vehicle without an escort vehicle in cases provided for by law.;

7) the carrier continues to follow the route exceeding the permissible parameters of vehicles and paying the fee for the passage of vehicles for the entire route without issuing a special permit – upon detection of the fact of cargo transportation by dump trucks, special and specialized vehicles.

The subject of parts 6-8 of the commented offense are individuals (drivers) and legal entities (carriers) in the form of small, medium and large businesses responsible for observing the order of passage of large and (or) heavy vehicles.

On the subjective side, the offense provided for in parts 6-8 of Article 571 of the Administrative Code can be committed either intentionally or negligently.

The objective side of the 9th part of the commented article is expressed by actions and is characterized by two qualifying features in the form of:

1) the shipper exceeds the permissible weight parameters established by the legislation of the Republic of Kazakhstan during the loading of the vehicle;

2) the shipper exceeds the permissible overall parameters established by the legislation of the Republic of Kazakhstan during the loading of the vehicle.

32 of the Law of the Republic of Kazakhstan dated July 4, 2003 "On Road Transport" provides for the duties of the shipper. Subparagraph 3 of this rule states that the shipper is obliged "not to exceed the permissible weight and dimensional parameters established by the legislation of the Republic of Kazakhstan during the loading of the vehicle."

The permissible standards of weight and overall parameters were approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated February 27, 2015 No. 206 and mentioned in the comments to Parts 6 and 7 of art. 571 of the Administrative Code.

The subject of the violation of part 9 of the commented article is individuals, as well as legal entities in the form of small, medium and large enterprises as a shipper.

Based on paragraph 17 of Article 1 of the Law of the Republic of Kazakhstan dated July 4, 2003 "On Road Transport", the shipper is an individual or a legal entity on whose behalf the shipment is processed.

The subjective side of part 9 of the commented article can be expressed as either direct intent or carelessness.

They have the right to initiate proceedings under the commented article and impose an administrative penalty.:

1) according to parts 2 and 3 - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative police units, migration police, local police service of the region, the city of republican significance, the capital, their deputies (paragraph 1, part 2, art. 685 of the Administrative Code);

2) according to part 3 - heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2, part 2, art. 685 of the Administrative Code);

3) according to part 2 - employees of the internal affairs bodies (police) with special ranks (paragraph 4, part 2, art. 685 of the Administrative Code);

4) in all parts - authorized officials of the transport control authorities (paragraph 2, Part 2, Article 691 of the Administrative Code);

5) according to Part 1 - the head of the authorized body in the field of civil aviation and his deputies (paragraph 1, part 3, Article 691 of the Administrative Code);

6) according to parts 1, 2, 2-1 and 3 – authorized officials of state revenue bodies;

7) according to parts 5, 6, 7 and 8 – authorized officials of state revenue bodies, when the listed administrative offenses are committed at automobile, sea checkpoints and other places of movement of goods across the State border of the Republic of Kazakhstan.

According to Part 6 of Article 806 of the Administrative Code, in cases of detection of signs of an offense provided for in Article 571 of the Administrative Code, when additional clarification of the circumstances of an administrative offense, the identity of an individual or information about a legal entity and the identity of a representative of a legal entity against whom a case is being initiated, a protocol on an administrative offense is drawn up within 10 days from the moment of detection of the offense or person, who committed it.

On the basis of parts 1 and 2 of Article 797 of the Administrative Code, for the commission of offenses provided for in the commented article, it is allowed to apply a measure to ensure production in the form of prohibition, delivery and detention of a vehicle, vessel.

Guided by Part 2 of Article 812 of the Administrative Code, cases of administrative offenses provided for in Article 571 of the Administrative Code may also be considered at the place of registration of vehicles, vessels, including small ones, or at the place of residence of the person against whom proceedings on an administrative offense are being conducted.

In accordance with Article 829-1 of the Administrative Code, in cases of appeal of a decision to the court in cases of administrative offenses provided for in Article 571 of the Administrative Code, they may also be considered at the place of registration of vehicles, vessels, including small ones, or at the place of residence of the person against whom proceedings on an administrative offense are being conducted.

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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