Commentary to article 602. Violation by drivers of vehicles of the rules for the use of external lighting devices and (or) sound signals, the use of emergency alarms The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation by drivers of vehicles of the rules for using external lighting devices during daylight hours and (or) sound signals -
entails a warning or a fine in the amount of three monthly calculation indices.
1-1. Violation by drivers of vehicles of the rules for using external lighting devices at night or in conditions of insufficient visibility, the use of an alarm system and an emergency stop sign -
entails a fine in the amount of five monthly calculation indices.
2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
they entail a fine in the amount of five monthly calculation indices.
3. The actions provided for in paragraph 1-1 of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
they entail a fine in the amount of seven monthly calculation indices.
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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", the qualifying feature of an administrative offense on violation of the rules of educational riding in connection with the humanization of national legislation was excluded from the content of the commented article. For the same reason, the size of sanctions for administrative offenses provided for in this article has been reduced.
The object of the offense is the social relations that arise in ensuring road safety.
The objective side of Part 1 of the act is manifested in unlawful actions (inaction) by:
1)violations of the rules for using external lighting devices during daylight hours;
2) violations of the rules for the use of sound signals.
It should be noted that administrative liability for violation of the rules for the use of external lighting devices under part 1 of Article 602 occurs only if the illegal actions are committed during daylight hours. Similar actions in the dark should be qualified according to part 1-1 of the analyzed article.
In accordance with paragraph 6 of paragraph 1 of Article 49 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road Traffic", the design, technical condition and equipment of vehicles involved in road traffic must meet the basic requirements related to road safety, including the presence of a sound signal in the vehicle. and lighting devices that ensure road safety.
Based on paragraph 7, paragraph 5, section 19 of the traffic rules, low-beam headlamps or daytime running lights are switched on during daylight hours on all moving vehicles for the purpose of marking them. Daytime running lights are external lighting devices designed to improve the visibility of a moving vehicle from the front during daylight hours.
In conditions of insufficient visibility, regardless of the lighting of the road, as well as in tunnels, the following lighting devices are switched on on a moving vehicle:
1) on all motor vehicles and mopeds - parking lights and high-beam or low-beam headlamps, on bicycles - headlights or lanterns, on horse-drawn wagons - lanterns (if any);
2) parking lights on trailers and towed motor vehicles.
Fog lights can be used:
1) in conditions of insufficient visibility, both separately and with low beam or high beam headlamps;
2) instead of passing headlamps in daylight conditions for the purpose of marking them.
The searchlight and searchlight may only be used outside populated areas in the absence of oncoming vehicles. In populated areas, such headlights can only be used by drivers of vehicles of operational and special services when performing official duties.
Rear fog lights are used only in conditions of insufficient visibility. The rear fog lights do not connect to the brake lights.
The "Road train" identification sign is activated when the train is moving and in conditions of insufficient visibility, in addition, and during its stop or parking.
An orange or yellow flashing light is activated on vehicles:
1) when performing work on the construction, repair or maintenance of roads;
2) loading and transportation of damaged, defective and other vehicles;
3) when transporting heavy and bulky goods;
4) accompanying the transportation of heavy, bulky and dangerous goods;
5) buses designed to transport organized groups of children;
6) mobile rapid response teams of private security organizations when visiting unauthorized intruders at protected facilities;
7) mobile checkpoints of transport control bodies when on duty on the roads;
8) specialized collection services at the exit to the route for the collection of valuables;
9) accompanying organized groups of cyclists.
Sound signals are used only:
1) to warn other drivers about their intention to overtake outside populated areas;
2) in cases where it is necessary to prevent a traffic accident.
To warn of overtaking, a light signal is given, which represents a periodic short-term switching on and off of the headlights during daylight hours.
The sanction of part 1 of the article under study provides for two types of administrative penalties:
1)Warning;
2) a fine in the amount of three monthly calculation indices.
But arbitrary choice of punishment is unacceptable. When making a decision on the imposition of an administrative penalty under the commented article, officials must take into account the requirements of part 2 of Article 43 of the Administrative Code, which states that "In the absence of circumstances provided for in Article 57 and the note to Article 366 of this Code, the court (judge), the body (official) imposing the administrative penalty is obliged to apply a warning provided for by the relevant article of the Special Part of this Code."
That is, if there are no circumstances in the actions of the offender that aggravate responsibility for administrative offenses, then the official must issue a resolution imposing an administrative penalty in the form of a warning. The effect of the note to Article 366 of the Administrative Code when making a decision does not apply to Article 602 of the Administrative Code.
For the first time, the commented article was supplemented by Part 1-1 of the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 by highlighting illegal actions from part 1 of this article, which are responsible only if they are committed at night."
The objective side of Part 1-1 is characterized by the following qualifying features:
1) violation by drivers of vehicles of the rules for using external lighting devices at night;
2) violation by drivers of vehicles of the rules of use in conditions of insufficient visibility, the use of an alarm system and an emergency stop sign.
Based on paragraphs 1-3 of section 19 of the traffic rules, the following lighting devices are switched on in the dark and in conditions of insufficient visibility, regardless of the lighting of the road, as well as in tunnels on a moving vehicle:
1) on all motor vehicles and mopeds - parking lights and high-beam or low-beam headlamps, on bicycles - headlights or lanterns, on horse-drawn wagons - lanterns (if any);
2) parking lights on trailers and towed motor vehicles.
The high beam switches to the low beam:
1) in populated areas, if the road is illuminated;
2) in case of oncoming traffic at a distance of at least one hundred and fifty meters from the vehicle, as well as at a greater distance, if the driver of the oncoming vehicle periodically switches the headlights to indicate the need for this;
3) in any other cases to eliminate the possibility of blinding drivers of both oncoming and passing vehicles.
If the driver is blinded, he turns on the emergency light alarm and stops without changing lanes. When stopping and parking at night on unlit sections of road, as well as in conditions of insufficient visibility on the vehicle, the parking lights are turned on. In conditions of insufficient visibility, low beam headlamps, fog lights and rear fog lights may be switched on in addition to the parking lights.
In the event of a malfunction of the marker lights, the vehicle is diverted off the road, and if this is not possible, the vehicle is designated in accordance with the requirements of paragraphs 1 and 2 of section 7 of the traffic rules, namely:
The emergency light alarm is activated:
1) in case of a traffic accident;
2) in case of an emergency stop in places where stopping is prohibited;
3) when reversing;
4) when the driver is blinded by the headlights;
5) during towing (on a towed mechanical vehicle);
6) when stopping and parking on unlit sections of roads or in conditions of insufficient visibility with faulty parking lights;
7) outside the locality, when stopping on the side of the road, when its width is insufficient for a complete exit from the carriageway or the width of the shoulder cannot be determined in these road conditions.
Emergency light alarms are also activated in other cases to warn road users about the danger that a vehicle may pose. After switching on the emergency light alarm, as well as in case of malfunction or absence, it immediately places an emergency stop sign (or a flashing red light) on the carriageway from the side of the greatest danger.:
1) a traffic accident;
2) forced stop in places where it is prohibited, or places with a road visibility of less than one hundred meters in at least one direction.
An emergency stop sign (or a flashing red light) is installed at a distance that provides timely warning to other drivers about the danger in a specific situation at a distance of at least fifteen meters from the vehicle in populated areas and thirty meters outside populated areas. "
The objective side of parts 2 and 3 of the commented article provides for administrative liability for the actions (omissions) specified in parts 1 and 1-1 of this article, committed repeatedly within a year after the imposition of an administrative penalty.
The subjective side of this article is expressed in an intentional or negligent form of guilt.
The subjects of an administrative offense under this article are persons driving vehicles.
They have the right to consider proceedings on administrative offenses provided for in the commented article.:
1) in all parts - 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 of part 2 of Article 685 of the Administrative Code);
2) according to part 2 - 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 of part 2 of Article 685 of the Administrative Code)
3) according to the first part - employees of the internal affairs bodies (police) with special ranks (paragraph 4 of part 2 of Article 685 of the Administrative Code);
4) in all parts - authorized officials of the military police (part 1 of Article 727 of the Administrative Code).
When committing an offense provided for in all parts of Article 602 of the Administrative Code, police officers have the right to detain, deliver and prohibit the operation of vehicles by delivering them for temporary storage to special sites, parking lots or sites adjacent to a stationary transport control post, including using another vehicle (tow truck), until the reasons for the detention are eliminated. (paragraph 1 of Part 1 of Article 797 of the Administrative Code).
Based on Article 812 of the Administrative Code, all types of offenses provided for in Part 1 of Article 602 of the Administrative Code may also be considered at the place of registration of vehicles, or at the place of residence of the person against whom proceedings on an administrative offense are being conducted.
Cases of administrative offenses of minors, their parents or persons replacing them, are considered at the place of residence of the person against whom proceedings on the case of 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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