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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 by the staff of bodies of transport control

(as amended on 29-04-2021)

According to subitem 4-1) of article 88-4 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport", the subitem 5) Item 1 of article 15 of the Law of the Republic of Kazakhstan of July 4, 2003 "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 by the staff 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.

Minister

R. Sklyar

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 by the staff 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 by the staff of bodies of transport control according to subitem 4-1) of article 88-4 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport", the subitem 5) of Item 1 of article 15 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" and determine procedure for use of technical means for fixing of the facts of making of administrative offenses and actions by the staff 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 by the staff of bodies of transport control

3. Carrying video counter by the staff of Inspectorate is performed from the moment of check of vehicles, and also passenger trains along the line and before its completion.

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.

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

5. Record is made for ensuring collection of high-quality evidential base in case of suppression of offenses and joins from the moment of the beginning of check of the passenger train along the line or vehicle stops the employee of Inspection and is switched off after completion of check of the passenger train along the line or the vehicle.

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.

9. Recharge of rechargeable batteries of video counters is provided with the staff of Inspectorate and made before the beginning and at the end of watch, in the passenger train along the line, but at least 1 hour, in case of need in time allowed by it for rest and eat period.

10. Reception-transmission of video counters is performed when changing watch with introduction of log entries of acceptance delivery of video counter in form, according to appendix 1 to these rules.

11. Accounting of video counter is performed according to the accession number assigned to it.

12. Ensuring acceptance, unloading for accounting and data storage of audio and the videos made using video counters is assigned by the order of the head of Inspection to heads of inspection departments on road and rail transport of Inspection (further - the head of department).

13. When carrying out prereplaceable instructing the head of department under list issues the electronic medium (further - USB flash store) with accession numbers to each employee of Inspection who is taking up watch on posts of transport control and also before check of passenger trains along the line.

14. Audio and video from video counters is provided at the request of Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - Committee).

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