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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 27, 2019 No. 1174

Some questions of fixing of violations of the law of road transport

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 16.06.2021 No. 623)

The Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for fixing of administrative offenses in the field of safety on road transport in automatic mode which is applied.

2. Bring in the Procedure of dimensional and weight control and collection of fare by highways public of vehicles and other self-propelled machines and mechanisms which weight and/or dimensional parameters exceed normative, No. 879 approved by the resolution of the Cabinet of Ministers of Ukraine of June 27, 2007 "About preservation measures of highways public" (The Official Bulletin of Ukraine, 2007, No. 48, Art. 1978; 2010, No. 68, Art. 2452; 2013, No. 76, Art. 2824; 2017, No. 73, the Art. 2249), changes which are applied.

3. To the ministry of infrastructure to approve under approval according to competence of the Ministry of Internal Affairs and the Ministry of digital transformation procedures for mutual exchange of information relatively:

the issued permissions to participation in traffic of vehicles which weight or dimensional parameters exceed normative;

the issued decrees on imposing of administrative punishment for the committed offenses in the field of safety on road transport fixed in automatic mode;

delivery/not delivery or refusal of receipt of the registered mail with resolutions on imposing of administrative punishment for the offenses in the field of safety on road transport fixed in automatic mode, the persons in charge specified in part one of article 14-3 of the Code of Ukraine about administrative offenses or persons who actually managed vehicles at the time of making of the specified offenses;

persons who imported on the territory of Ukraine the vehicles registered beyond its limits and also about delivery to foreigners and stateless persons when crossing of frontier of Ukraine of resolutions by them (resolution copy) about imposing of administrative punishment for the offenses in the field of safety on road transport fixed in automatic mode;

proper users of vehicles, physical persons, heads of legal entities behind whom vehicles on which the offense in the field of safety on road transport is made are registered, fixed in automatic mode, and also persons performing powers of heads of such legal entities.

4. To provide to the ministries, other central executive bodies within six months adoption of regulatory legal acts for realization of provisions of this resolution and reduction of own regulatory legal acts in compliance with this resolution.

Prime Minister of Ukraine

A. Goncharuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 27, 2019 , No. 1174

Procedure for fixing of administrative offenses in the field of safety on road transport in automatic mode

1. This Procedure determines the mechanism of fixing of administrative offenses in the field of safety on road transport in automatic mode.

2. The terms used in this Procedure have the following value:

automatic Item of fixing of administrative offenses in the field of safety on road transport (further - automatic Item) - complex of technical means of automatic detection of the weight, dimensional and other parameters of the vehicle in movement determined by Item 12 of this Procedure with its simultaneous photographing, video (in the presence) and identification on the state serial numbers;

metadata - the information on the event fixed by means of automatic Item, the characteristic of the fixed vehicle, necessary for its identification, parameters of functioning of technical means of automatic Item, and also other data necessary for accounting, search, assessment and management of such data structured supplied, containing;

the information file - the arranged set of data on the vehicle, the person in charge determined by article 14-3 of the Code of Ukraine about administrative offenses, availability/lack of the document which confirms introduction of fare, or permissions to participation in traffic of vehicles which weight or dimensional parameters exceed normative, and the metadata created by automatic Item;

information and telecommunication system of fixing of administrative offenses in the field of safety on road transport in automatic mode (further - information and telecommunication system) - system of complex interconnected methods and means of collection, storage, processing and provision of data on administrative offenses in the field of safety on road transport and interaction subsystems with the Unified state register of vehicles, the Register of administrative offenses in the field of traffic safety both other information and information and telecommunication systems of the Ministry of Internal Affairs, Ukravtodor, the relevant state bodies, the national operator of mail service, and also with telecommunication networks of operators, providers of telecommunications;

system of fixing of administrative offenses in the field of safety on road transport in automatic mode (further - system) - the interconnected set of automatic Items and information and telecommunication system.

Other terms are used in the value given in the Laws of Ukraine "About highways", "About information", "About telecommunications", "About information security in information and telecommunication systems", "About electronic confidential services", "About electronic documents and electronic document management", "About mail service", "About metrology and metrological activities", "About personal data protection" and the Procedure of dimensional and weight control and collection of fare by highways public of vehicles and other self-propelled machines and mechanisms which weight and/or dimensional parameters exceed normative, No. 879 approved by the resolution of the Cabinet of Ministers of Ukraine of June 27, 2007 "About preservation measures of highways public" (The Official Bulletin of Ukraine, 2007, No. 48, the Art. 1978).

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