ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 26, 2019 No. 436

About approval of Rules of use of technical means for fixing of the facts of making of administrative offenses and actions of service employees of bodies of transport control

According to subitems 3) and 4) Item 1 of article 154 of the Entrepreneurial code of the Republic of Kazakhstan, subitem 4-1) of article 88-4 of the Law of the Republic of Kazakhstan "About rail transport", the subitem 5) Item 1 of article 15 of the Law of the Republic of Kazakhstan "About road transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of use of technical means for fixing of the facts of making of administrative offenses and actions of service employees of bodies of transport control.

2. To provide to committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of June 26, 2019 No. 436

Rules of use of technical means for fixing of the facts of making of administrative offenses and actions of service employees of bodies of transport control

Chapter 1. General provisions

1. These rules of use of technical means are developed for fixing of the facts of making of administrative offenses and actions of service employees of bodies of transport control according to the subitem 3) of Item 1 of article 154 of the Entrepreneurial code of the Republic of Kazakhstan, subitem 4-1) of article 88-4 of the Law of the Republic of Kazakhstan "About rail transport", the subitem 5) of Item 1 of article 15 of the Law of the Republic of Kazakhstan "About road transport" and determine procedure for use of technical means for fixing of the facts of making of administrative offenses and actions of service employees of bodies of transport control (further – Rules).

2. In these rules the following basic concepts are used:

1) the Situational center – the structural division of Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan exercising monitoring and control on road transport of posts of transport control in real time;

2) the intelligent device of observation – the component of intelligent transportation system which is turning on in itself the stationary or mobile devices of video surveillance which underwent metrological checking, fixing the fact and time of making of administrative offense in the field of road transport, type, the state registration sign, speed and driving direction of the vehicle;

3) the portable wearable video recorder (further – video counter) – the engineering device intended for implementation of audiovideo by the staff of Inspectorate of transport control of Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further – Inspection).

Chapter 2. Procedure for use of video counters for fixing of the facts of making of administrative offenses and actions of service employees of bodies of transport control

3. Carrying video counter by the staff of Inspectorate is performed from the moment of zastupleniye on watch on posts of transport control, conducting checks of passenger trains, surveys of vessels (small size vessels), and also preventive checking with visit of subject (object) of control and unscheduled inspections in the field of rail, road and water transport.

4. In the course of use of video counter the employee of Inspection is convinced of the accuracy of the established date and time, and also of the sufficient level of charge of the rechargeable battery during watch, conducting checks of passenger trains, surveys of vessels (small size vessels), and also preventive checking with visit of subject (object) of control and unscheduled inspections in the field of rail, road and water transport

Production of audio and video in case of the inexact date established in video counter and time is not allowed.

5. Record is made by the employee of Inspection for ensuring collection of high-quality evidential base in case of suppression of offenses and joins from the moment of zastupleniye on watch on posts of transport control, began checks of the passenger train, survey of the vessel (small size vessel) or preventive checking with visit of subject (object) of control or unscheduled inspections in the field of road, rail and water transport and is switched off after their completion.

6. The video counter gains a foothold in the area of breast closer to shoulder joint, without creating hindrances to actions of the employee of Inspection, and also on breast of the employee of Inspection the plate (badge) with text "Attention is established! Audio and video is conducted".

7. In the course of maintaining audio and video fixing of all actions of the employee of Inspection, the offender, and also other persons creating obstacles in accomplishment by the staff of Inspectorate of service duties is made.

8. In case of impossibility of implementation of audio and video in view of defect of video counter or discharging of its rechargeable battery, the employee of Inspection without delay notifies on it the Situational center on duty and to fault repair or recharge of rechargeable batteries of video counters uses other technical means of audiovideo.

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