Commentary to article 603. Violation of the rules for installing devices on a vehicle for providing special light and (or) sound signals, or illegal application of special color schemes for vehicles of operational and special services The Code of the Republic of Kazakhstan on Administrative Offences
1. Installation of lighting devices with red lights or red retroreflective devices on the front of the vehicle, as well as lighting devices whose color and mode of operation do not meet the requirements for vehicle access to operation, -
entails a fine for individuals in the amount of fifteen, for small businesses or non-profit organizations - in the amount of seventy, for medium-sized businesses - in the amount of one hundred fifty, for large businesses - in the amount of one thousand monthly calculation indices, with confiscation of the specified devices and devices.
2. Installation of devices for giving special light and/or sound signals on a vehicle without appropriate permission (with the exception of burglar alarms) -
entails a fine for individuals in the amount of twenty-five, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of one thousand monthly calculation indices, with confiscation of these devices.
3. Illegal application of special color schemes of operational and special services vehicles to the exterior surfaces of the vehicle -
entails a fine for individuals in the amount of twenty-five, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of one thousand monthly calculation indices.
The wording of the qualifying features of all parts of the Administrative Code provides for a preparatory nature (installation, application), but not the use of a vehicle with the listed administrative offenses. Although it is possible to identify the above offenses only if the driver of the vehicle will use the car, that is, drive such a vehicle. In this regard, we believe that the article under study should be improved.
The common object of the offense is the social relations that arise in ensuring road safety.
The concept of a vehicle is given by paragraph 40 of section 1 of the Rules of the Road of the Republic of Kazakhstan. In this article, a vehicle should be understood as a device designed to transport people, goods, or equipment installed on it along roads. That is, such a means can be transport from bicycles to heavy vehicles.
The objective side of part 1 of the offense under consideration is expressed in illegal actions (inaction) by using on the front of vehicles:
1) lighting devices with red lights;
2) retroreflective devices of red color;
3) lighting devices, the color and mode of operation of which do not meet the requirements for vehicle access to operation.
The annex to the Basic Regulations on the Admission of vehicles to Operation, approved by the Decree of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196 lists the requirements that must comply with technical regulations, standards, rules and manuals for their technical operation.
It is prohibited to install lighting devices with red lights or retroreflectors in front of the vehicle, and white lights in the rear, except for reversing lights and registration plate lighting, retroreflective registration, distinctive and identification marks, as well as the installation of external lighting devices that do not meet the requirements of the vehicle design.
It is allowed to install external lighting devices from vehicles of other brands and models on vehicles that have been discontinued.
The objective side of the offense provided for in part 2 of the article in question is expressed in illegal actions (omissions) by using devices in vehicles without appropriate permission to give special light or sound signals (with the exception of burglar alarms).
Paragraph 19 of the Traffic Rules defines the procedure for using external lighting devices and sound signals. At night and in conditions of insufficient visibility, regardless of the lighting of the road, as well as in tunnels on a moving vehicle, the following lighting devices are switched on:
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.
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.
Resolution of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196 approved the List of operational and special services, the transport of which is to be equipped with special light and sound signals and painted according to special color schemes.
Drivers of vehicles of operational and special services with blue and (or) red flashing lights on, performing an urgent official task, may deviate from the requirements of the Traffic Rules (except for traffic signals), provided that traffic safety is ensured.
To gain an advantage over other road users, drivers of such vehicles turn on a blue and/or red flashing light and a special sound signal. They take advantage only after making sure that they get out of the way. The same right is enjoyed by drivers of vehicles accompanied by vehicles of operational and special services in cases established by the Rules of the Road.
The confiscation of special sound and lighting devices installed on vehicles without an appropriate permit consists in their compulsory, gratuitous transfer to State ownership in accordance with the procedure established by law. Only an object (a special sound and light device) is subject to confiscation, and confiscation is applied by a judge.
The objective side of Part 3 of the offense is expressed by one qualifying feature in the form of illegal actions (omissions) by illegally applying special color schemes of operational and special services vehicles to the exterior surfaces of the vehicle.
Operational and special services whose vehicles are to be equipped with special light and sound signals and painted according to special color schemes include:
1) State Security Service of the Republic of Kazakhstan;
2) operational services of the national security agencies of the Republic of Kazakhstan:
3) operational services of the internal affairs bodies of the Republic of Kazakhstan;
4) operational services of bodies in the field of civil protection of the Republic of Kazakhstan;
5) Military police agencies;
6) Emergency services;
7) Ambulance service;
8) mobile rapid response teams of private security organizations;
9) mobile checkpoints of transport control bodies;
10) Department of Special Prosecutors of the General Prosecutor's Office of the Republic of Kazakhstan;
11) operational units of the Economic Investigation Service;
12) operational services of the anti-corruption service;
13) collection services;
14) vehicles accompanying organized groups of cyclists;
15) The State Courier Service of the Republic of Kazakhstan.
The color scheme, identification marks, inscriptions, installation of special light and sound signals are regulated by the standard of the Republic of Kazakhstan ST RK 1863-2008 "Cars, buses and motorcycles of operational and special services. Color schemes, identification marks, inscriptions, special and sound signals. General requirements".
Vehicles of the State Security Service, operational services of national security agencies, internal affairs agencies, the economic Investigation Service, the anti-corruption service, the Department of Special Prosecutors of the Prosecutor General's Office of the Republic of Kazakhstan, the State Courier Service of the Republic of Kazakhstan may not have special color markings, identification marks and inscriptions.
The subject of the offense in all parts of the commented article are individuals who have reached the age of 16 and legal entities responsible for the operation of the vehicle. Legal entities may be held administratively liable as subjects of small, medium and large enterprises.
The subjective side in all parts of the article under consideration is expressed in the intentional form of guilt.
The subjects of an administrative offense under this article are individuals and legal entities that have illegally retrofitted a vehicle. Moreover, legal entities may be subjects of small, medium and large businesses and are brought to administrative responsibility in accordance with the procedure provided for in Article 33 of the Administrative Code.
They have the right to consider proceedings on administrative offenses provided for in the commented article.:
1) according to parts 1 and 2 – judges of specialized district and equivalent administrative courts (Part 1 of art. 684 of the Administrative Code);
2) in part 3 - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, city of republican significance, capital, their deputies (paragraph 1, part 2, art. 685 of the Administrative Code);
3) 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 of part 2 of Article 685 of the Administrative Code);
4) according to Part 3 - authorized officials of military police bodies (part 1 of Article 727 of the Administrative Code).
Authorized officials have the right to draw up protocols on administrative offenses.:
1) according to parts 1 and 2 – internal affairs bodies (paragraph 1, part 1 of Article 804 of the Administrative Code);
2) according to parts 1 and 2 - military police bodies of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan (paragraph 4, Part 1 of Article 804 of the Administrative Code);
3) according to parts 1 and 2 – military police bodies of the National Security Committee of the Republic of Kazakhstan on offenses committed by persons driving vehicles of special state bodies (paragraph 5, part 1 of Article 804 of the Administrative Code);
4) according to parts 1 and 2 - bodies of the military police of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and conscripts called up for training.
When committing an offense provided for in all parts of Article 603 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 all parts of Article 603 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.
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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