The number of orders issued against companies repairing and operating roads has decreased by more than 40 times in a year.< /p>
The Ministry of Internal Affairs of the Russian Federation has prepared a draft government decree on amending the “Regulations on federal state control in the field of traffic safety.” This document defines the rules for the interaction of the traffic police with legal entities. The current version allows inspectors to use the “permanent raid” supervision mode: today it allows you to identify violations and initiate administrative cases against violators among freight carriers, auto companies and taxi companies.
Now the department proposes to use this tool, among other things, to check those organizations that are engaged in road repair, as well as maintaining markings, signs, traffic lights and infrastructure in good condition. According to Kommersant, now the discussion of the amendments has ended on the website regulation.gov.ru. According to the explanatory note of the initiators, this change is necessary “to minimize the risks of causing harm to the health of citizens.”
Now the traffic police does not have full control over the road workers, after Resolution No. 336 was published in March 2022: the document introduced a moratorium on scheduled inspections (control and supervisory measures) in relation to legal entities in order to reduce the burden on business. According to the decree, unscheduled inspections are now allowed only after agreement with the prosecutor's office and in exceptional cases, for example, in case of a threat to life/serious bodily harm, or the possibility of an emergency. At the same time, an administrative case can be initiated only after the verification.
According to the estimates of the department, the number of orders that were issued against companies repairing and operating roads decreased by more than 40 times over the past year and amounted to 7.8 thousand. The number of cases of administrative offenses related to road supervision has also halved (from 56 to 29 thousand).
With a proposal to change the current situation, the National Automobile Union (NAS) turned to the Ministry of Internal Affairs, the organization considered that it “entails a dismissive attitude of road owners, contractors, road services to the implementation of the law.” The US stressed that this “increases the risk of death of road users.” It is worth noting that the discussion of the consequences of the current norms took place against the backdrop of the abnormal destruction of the Russian road network after the winter of 2022-2023.
The new amendments, if approved, will make it possible to circumvent the restrictions of the current resolution, since under the current laws, “permanent raid” does not formally refer to “control and supervisory measures” and does not require coordination of inspections with the prosecutor's office. That is, the traffic police will be able to conduct an instrumental survey on the territory of the roads, request documents, conduct interviews, inspections, etc.
as well as a damaged fence or non-working lighting, they will have the right to either initiate a case under Article 12.34 of the Code of Administrative Offenses, or issue an order to eliminate the violation (if this is not done on time, the responsible person will be fined). It should be noted that Rosavtodor considers the current scheme to be “optimal” and the introduction of amendments is “premature”.
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