LAW OF UKRAINE

of September 8, 2005 No. 2862-IV

About highways

This Law determines the legal, economic, organizational and social principles of ensuring functioning of highways, their constructions, reconstruction, repair and content for the benefit of the state and users of highways.

Section I General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

the highway - the linear complex of engineering constructions intended for continuous, safe and convenient motion of vehicles;

architectural arrangement - the architectural constructions and decorative plantings intended for providing esthetic type of highways;

security audit of highways - independent, system, technical and detailed impact assessment of project decisions on safety of highways;

the auditor of safety of highways - the physical person which underwent qualification confirmation received the certificate on the right of carrying out security audit of highways in the certification body of personnel accredited in the respective sphere and is included in the register of auditors of safety of highways;

safety of highways - set of means, designs, devices, constructions, characteristics and indicators (including engineering, design, engineering, project, architectural, technology and other solutions) during which accounting and application prevention and reduction of number of the road accidents and weight of their effects is provided;

the street - the highway intended for traffic circulation and pedestrians, laying of terrestrial and underground engineering networks within settlements;

road carpet - the strengthened top coats of the road perceiving loadings from vehicles;

elements of sanitary arrangement - toilets, ballot boxes, trash bins and other equipment intended for sanitary requirements which placement is performed without receipt of permissions.

the audit client of safety of highways - public authority, local government body, the other person, on balance or in property of which is the highway or its site or which acts as the customer of construction of the new highway;

subgrade - soil structure of the highway;

engineering arrangement - the special constructions and means intended for providing safe and convenient traffic conditions (lighting, technological communication, measurement of weight and dimensional parameters of vehicles, forced reduction in the rate of movement, etc.);

objects of road service - specially equipped places for stop of route vehicles, site for the parking of vehicles, site of rest, observation platforms, gas stations, maintenance Items, motels, hotels, campings, trade Items (including small architectural forms), refueling complexes, warehouse complexes, Items medical and technically the evacuation help, Items of washing of vehicles, collection points for food and culinary water, autopavilions, and also other objects on which servicing of participants of traffic is performed and which are placed on lands of road economy or need them uses for arrival and departure on the highway;

control - the body intended for management of highways (streets), ensuring their functioning, development and financing;

safety inspection of highways - inspection and studying of characteristics and defects (shortcomings) of the highway for the purpose of identification of the existing and potential risks of emergence of the road accidents and provision of recommendations about their prevention and elimination which is not action of the state supervision (control);

the carriageway - the part of the highway which is directly intended for movement of vehicles;

advertizing medium - the special temporary or located on open country stationary design on which outdoor advertizing is placed,

right of way - the parcels of land provided in accordance with the established procedure for placement of the highway;

driving lane - the carriageway strip designated or not designated by marking, having width determined by regulations for traffic circulation in one row;

constructions of road drainage system - the constructions intended for withdrawal of surface and subsoil waters from subgrade and the carriageway (the side ditches, drainage ditches, mountain ditches, water throughput pipes opened and the closed drainage systems, the drain sewerage, etc.);

technical means - the special technical means intended for the organization and regulation of traffic (route signs, information displays, road marking, alarm columns, transport and pedestrian barriers of different types, the traffic light equipment, etc.);

artificial features - the engineering constructions intended for movement of vehicles and pedestrians through natural and other obstacles and also steady functioning of the highway (bridges, overpasses, platforms, viaducts, tunnels, above-ground and underground crosswalks, floating bridges and ferry crossings, outcomes of roads, retaining walls, galleries catching congresses, snow protection constructions, antiavalanche and antimudstone constructions, etc.).

Article 2. Legislation on highways

The relations connected with functioning of highways are regulated by this Law and the laws of Ukraine "About traffic", "About transport", "About road transport", "About sources of financing of road economy of Ukraine", "About local self-government in Ukraine", "About local public administrations", "About concession" and other acts of the legislation.

Article 3. Law coverage

Operation of this Law extends to the relations connected with functioning and development of highways irrespective of their assignment and patterns of ownership.

Article 4. International agreements

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine determines other rules, than those that contain in this Law, then rules of the international treaty are applied.

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