of November 8, 2007 No. 257-FZ
About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation
Accepted by the State Duma of the Russian Federation on October 18, 2007
Approved by Council of the Russian Federation on October 26, 2007
1. This Federal Law governs the relations arising in connection with use of highways including on paid basis, and implementation of road activities in the Russian Federation (further - road activities).
2. Operation of this Federal Law extends to all highways in the Russian Federation (further - highways) irrespective of their patterns of ownership and value.
The purposes of this Federal Law are:
1) determination of bases of functioning of highways, their use, implementation of road activities for the benefit of users highways, owners of highways, the state, municipalities;
2) enhancement of public administration in the field of road activities;
3) ensuring safety and development of highways, improvement of their technical condition;
4) assistance to implementation of perspective technologies in the field of road activities, and also to application of national standards of the Russian Federation in the specified area;
5) ensuring workable and fair competition in the market of works and (or) services when implementing road activities;
6) improvement of the investment climate in the field of use of highways and implementation of road activities;
7) ensuring integration of highways into the international transportation network.
For the purposes of this Federal Law the following basic concepts are used:
1) the highway - the object of transport infrastructure intended for movement of vehicles and including the parcels of land in borders of right of way of the highway and the structural elements (roadbed, road carpet and similar elements) and road constructions which are its technological part located on them or under them - protective road constructions, artificial road features, production facilities, elements of arrangement of highways;
1. 1) basic highway network (further - basic network) - the set of highways providing uninterrupted movement of vehicles, transport coherence of the territory of the Russian Federation, unity of its economic space;
2) protective road constructions - constructions to which the gardening elements having protective value belong; fences; the devices intended for protection of highways against avalanches; noise-protective and wind-shelter devices; similar constructions;
3) artificial road features - the constructions intended for movement of vehicles, pedestrians and run of animals in places of crossing of highways by other highways, waterways, ravines, in places which are obstacles for such movement, run (winter roads, bridges, crossings on ice, overpasses, pipelines, tunnels, platforms, similar constructions);
4) production facilities - the constructions used in case of major repair, repair, content of highways;
5) elements of arrangement of highways - constructions to which the route signs, road barriers, traffic lights, devices for traffic regulation working in automatic mode the special technical means having functions photo and filmings, videos for fixing of road traffic offenses, safety of highways and collection of payment on account of the indemnification caused to highways public of federal importance by the vehicles having the permitted maximum weight over 12 tons, vacation spots, stopping points, objects intended for lighting of highways, pedestrian walkways, Items of weight and dimensional control of vehicles, Items of collection of payment, the parking (parking) of vehicles, the constructions intended for protection of highways and artificial road features, sidewalks belong another intended for ensuring traffic, including its safety, construction, except for objects of road service;
6) road activities - activities for designing, construction, reconstruction, major repair, repair and content of highways;
7) owners of highways - actuators of the government, local administration (executive body of the municipality), the physical persons or legal entities owning highways on the corporeal right in accordance with the legislation of the Russian Federation. In cases and according to the procedure which are provided by the Federal Law the Russian Highways State-owned company concerning the highways delivered by it in trust management has the right to perform powers of the owner of highways;
8) users highways - the physical persons and legal entities using highways as participants of traffic;
9) reconstruction of the highway - complex of works in case of which accomplishment the change of parameters of the highway, its sites leading to change of class and (or) category of the highway or involving change of border of right of way of the highway is performed;
10) major repair of the highway - complex of works on replacement and (or) recovery of structural elements of the highway, road constructions and (or) their parts which accomplishment is performed within the established admissible values and technical characteristics of class and category of the highway and in case of which accomplishment constructional and other features of reliability and safety of the highway are mentioned and borders of right of way of the highway do not change;
11) repair of the highway - complex of works on recovery of transport utilization properties of the highway in case of which accomplishment constructional and other features of reliability and safety of the highway are not mentioned;
12) content of the highway - complex of works on maintenance of proper technical condition of the highway, assessment of its technical condition, and also on the organization and safety control of traffic;
13) objects of road service - buildings, structures, constructions, other objects intended for servicing of participants of traffic on travel line (gas stations, bus stations, bus stations, hotels, campings, motels, Items of public catering, service station, similar objects, and also vacation spots, necessary for their functioning, and the parking of vehicles);
14) the paid highway - the highway which use is performed on paid basis according to this Federal Law;
14. 1) the highway, containing paid site, the highway containing the section of the highway which use is performed on paid basis according to this Federal Law and which is limited initial and final by the Items determined in the decision on use of such section of the highway on paid basis (further also - the paid section of the highway);
15) highway right of way - the parcels of land (irrespective of category of lands) which are intended for placement of structural elements of the highway, road constructions and on which objects of road service are located or can be located;
16) roadside strips of the highway - the territories which adjoin on both sides to right of way of the highway and in which borders the specific mode of use of the parcels of land (parts of the parcels of land) for the purpose of providing safety requirements of traffic, and also normal conditions of reconstruction, major repair, repair, content of the highway, its safety taking into account perspectives of development of the highway is set;
17) the heavyweight vehicle - the vehicle which mass with load or without load and (or) axle loading of which exceed the admissible mass of the vehicle and (or) allowable load on axis established by the Government of the Russian Federation or the mass of the vehicle and (or) axle loading established by the decision on temporary restriction of movement of vehicles made based on Item 2 of part 1 of article 30 of this Federal Law in case of decrease in bearing capacity of structural elements of the highway, its sites or change of dimension of approach of the highway, its sites;
18) the large-size vehicle - the vehicle which dimensions with load or without load exceed the admissible dimensions established by the Government of the Russian Federation or the dimensions established by the decision on temporary restriction of movement of vehicles made based on Item 2 of part 1 of article 30 of this Federal Law in case of decrease in bearing capacity of structural elements of the highway, its sites or change of dimension of approach of the highway, its sites;
19) non divisible load - load which without loss of consumer properties or without risk of its damage cannot be divided into two and more parts. In transit the large-size vehicle indivisible the load which is indivisible on the dimension (dimensions) exceeding (exceeding) admissible dimensions of the vehicle when loading on it such load is considered;
20) safety of the highway - condition of integrity of the highway as technical construction and property complex, the providing maintenance of its operational properties and safe use;
22) ceased to be valid
23) particular load - the load intended for satisfaction of especially important state and defense needs and safety control of the state. Reference of loads to particular loads is performed according to the act of the Government of the Russian Federation;
24) zone of automatic weight and dimensional monitoring of vehicles - the section of the highway which is designated by technical means of the organization of traffic and in which borders the automatic Item of weight and dimensional control of vehicles is established;
25) automatic Item of weight and dimensional control of vehicles - the equipment located on the section of the highway providing measurement of weight and dimensional parameters of the vehicle in automatic mode. Are part of this complex including the special technical means working in automatic mode having functions photo and filmings, videos, or means photo and filmings, videos;
26) the project of the organization of traffic for route or route segment of movement of the heavyweight and (or) large-size vehicle - documentation providing holding actions for the organization of traffic for route or route segment of movement of the heavyweight and (or) large-size vehicle in the case provided by part 15 of article 31 of this Federal Law;
27) approach dimension - limiting cross outline of wide berth in the plane, perpendicular longitudinal axle of the carriageway of the highway in which any elements of constructions or the devices located on them shall not come.
1. The legislation on highways and on road activities is based on the Constitution of the Russian Federation and consists of this Federal Law, other Federal Laws and the laws of subjects of the Russian Federation adopted according to them.
2. The relations specified in article 1 of this Federal Law can be regulated also by regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation in cases and in limits which are provided by this Federal Law, other Federal Laws.
3. The laws of subjects of the Russian Federation shall correspond to this Federal Law, other Federal Laws adopted according to them to presidential decrees of the Russian Federation, regulatory legal acts of the Government of the Russian Federation.
4. Federal executive bodies have the right to publish the regulatory legal acts governing the relations arising in connection with use of highways and implementation of road activities in cases and in limits which are provided by this Federal Law, other Federal Laws and regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation adopted according to them.
5. On the basis and in pursuance of the Federal Laws, other regulatory legal acts of the Russian Federation, the laws of subjects of the Russian Federation executive bodies of subjects of the Russian Federation within the powers can publish the regulatory legal acts governing the relations arising in connection with use of highways and implementation of road activities.
6. On the basis and in pursuance of the Federal Laws, other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation local government bodies within the powers can publish the municipal legal acts governing the relations arising in connection with use of highways and implementation of road activities.
7. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.
8. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
1. Highways depending on their value are subdivided on:
1) highways of federal importance;
2) highways of regional or intermunicipal value;
3) highways of local value;
4) private highways.
2. Highways depending on type of the permitted use are subdivided into highways public and highways of uncommon use.
3. The highways intended for movement of vehicles of the unrestricted group of people belong to highways public.
4. The highways which are in property, in ownership or in use of actuators of the government, local administrations (executive bodies of municipalities), physical persons or legal entities and used by them only for ensuring own needs or for the state or municipal needs belong to highways of uncommon use. Lists of highways of uncommon use of federal, regional or intermunicipal importance affirm respectively authorized federal executive bodies, the highest actuator of the government of the subject of the Russian Federation. The list of highways of uncommon use of regional or intermunicipal value cannot include highways of uncommon use of federal importance and their sites. The list of highways of uncommon use of local value can affirm local government body.
5. Highways public of federal importance are highways:
1) connecting the capital of the Russian Federation - the city of Moscow with the capitals of the adjacent states, with the administrative centers (capitals) of subjects of the Russian Federation;
2) included in the list of the international highways according to international agreements of the Russian Federation.
6. Highways can be highways public of federal importance:
1) the administrative centers (capitals) of subjects of the Russian Federation connecting among themselves;
2) being access roads connecting highways public of federal importance, and the largest transport hubs (seaports, river ports, the airports, railway stations) having the international value, and also special objects of federal importance;
3) being access roads connecting the administrative centers of subjects of the Russian Federation which do not have the highways public connecting the respective administrative center of the subject of the Russian Federation to the capital of the Russian Federation - the city of Moscow, and the nearest seaports, river ports, the airports, railway stations.
7. The list of highways public of federal importance affirms the Government of the Russian Federation.
8. Criteria of reference of highways public to highways public of regional or intermunicipal value and the list of highways public of regional or intermunicipal value affirm the highest actuator of the government of the subject of the Russian Federation. The list of highways public of regional or intermunicipal value cannot join highways public of federal importance and their sites.
9. Highways public of local value of city and rural settlements are highways public in borders of settlements of the settlement, except for highways public of federal, regional or intermunicipal importance, private highways. The list of highways public of local value of the residential location can affirm local government body of the residential location. The list of highways public of local value of the rural settlement can affirm local government body of the municipal district if the question of implementation of road activities concerning highways of local value is not carried by the law of the subject of the Russian Federation to number of the powers assigned to the rural settlement.
10. Highways public of local value of the municipal district are highways public in borders of the municipal district, except for highways public of federal, regional or intermunicipal importance, highways public of local value of settlements, private highways. The list of highways public of local value of the municipal district can affirm local government body of the municipal district.
10.1. Highways public of local value of the municipal district are highways public in borders of the municipal district, except for highways public of federal, regional or intermunicipal importance, private highways. The list of highways public of local value of the municipal district can affirm local government body of the municipal district.
11. Highways public of local value of the city district are highways public in borders of the city district, except for highways public of federal, regional or intermunicipal importance, private highways. The list of highways public of local value of the city district can affirm local government body of the city district.
12. The highways which are in property of physical persons or legal entities, are not equipped with the devices limiting journey of vehicles of the unrestricted group of people belong to private highways public. Other private highways belong to private highways of uncommon use.
13. Highways public depending on conditions of driving through them and access of vehicles to them are subdivided into highways, high-speed highways and regular highways.
14. Highways which are not intended for servicing of the adjacent territories belong to highways and:
1) which have several carriageways and the central lane line which is not intended for traffic on all the extent;
2) which do not cross other highways, and also the railroads, tramroads, bicycle and pedestrian walkways at one level;
3) access to which is possible only through the undergrade crossings with other highways provided not more often than through each five kilometers;
4) on the carriageway or carriageways of which stops and parking of vehicles are prohibited;
5) which are equipped with special vacation spots and platforms for the parking of vehicles.
15. The highways relating to highways shall be specially designated as highways.
16. Highways, access to which is possible only through road interchanges or regulated intersections, belong to high-speed highways, on the carriageway or carriageways of which stops and parking of vehicles and which are equipped with special vacation spots and platforms for the parking of vehicles are prohibited.
17. The highways which are not specified in parts 14 - the 16th this Article belong to regular highways. Regular highways can have one or several carriageways.
18. Classification of highways and their reference to categories of highways (the first, second, third, fourth, fifth categories) are performed depending on transport utilization properties and consumer properties of highways according to the procedure, established by the Government of the Russian Federation.
19. The basic network includes the following highways:
1) highways public of federal importance;
2) highways public of regional or intermunicipal value, sections of the shown highways which correspond to the following criteria:
a) the shown highways connect the capital of the Russian Federation - the federal city of Moscow to the administrative centers (capitals) of subjects of the Russian Federation;
b) the shown highways, sections of the shown highways connect the administrative centers (capitals) of subjects of the Russian Federation among themselves or the administrative centers (capitals) of subjects of the Russian Federation to the cities with population over hundred thousand people;
c) the shown highways, sections of the shown highways are bypasses of the cities with population over hundred thousand people;
d) the shown highways, sections of the shown highways have traffic load more than ten thousand cars a day;
e) the shown highways, sections of the shown highways provide entrance to automobile check points through Frontier of the Russian Federation;
3) other highways the public, sections of the shown highways corresponding to the criteria of reference of highways established by the Government of the Russian Federation to basic network.
20. Procedure for determination of compliance of highways public, sections of the shown highways to the criteria provided by Items 2 and 3 of part 19 of this Article, approval procedure of the list of the highways public entering into basic network (further - the list of highways of basic network), are established by the Government of the Russian Federation. The specified procedures shall contain including list of the documents, data and materials necessary for determination of such compliance and approval of the list of highways of basic network.
21. Information on inclusion of highways public, sections of the shown highways in the list of highways of basic network is subject to placement in the control system behind forming and use of means of road funds according to the procedure, the stipulated in Article 10.1 present of the Federal Law.
1. Highways can be in federal property, property of subjects of the Russian Federation, municipal property, and also in property of physical persons or legal entities.
2. Highways which are included in the list of highways public of federal importance or the list of highways of uncommon use of federal importance approved respectively by the Government of the Russian Federation, authorized federal executive bodies belong to federal property.
3. Highways which are included in the list of highways public of federal importance or the list of highways of uncommon use of federal importance approved respectively by the Government of the Russian Federation, authorized federal executive bodies are federal property (are transferred to the federal possession according to the procedure, established by the Federal Laws and the Government of the Russian Federation).
4. Highways which are excluded from approved respectively by the Government of the Russian Federation, authorized federal executive bodies of the list of highways public of federal importance or the list of highways of uncommon use of federal importance are transferred to the possession of subjects of the Russian Federation or municipal property according to the procedure, established by the Federal Laws and the Government of the Russian Federation.
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