PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 27, 2012 No. 426

About single questions of functioning of system of electronic collection of fare of vehicles on certain roads of the Republic of Belarus

For the purpose of development of highway network public, providing the raised high-speed and safe mode of movement of vehicles, I decide increases in the service level of users of these highways, the maximum use of transit capacity of the Republic of Belarus:

1. Create system of electronic collection of payment in the mode of free multiband movement ("System of electronic collection of payment") for driving of vehicles through certain roads of the Republic of Belarus ("UTS System") (further – system of electronic collection of payment) or on their certain sites, including on sections of the drive on bridges and other road constructions (further – paid highways), with the raised high-speed and safe mode of movement of vehicles, high level of field service based on the Council of Ministers of the Republic of Belarus concluded according to the resolution of February 29, 2012 No. 188 "About the conclusion of the investment contract between the Republic of Belarus and the Kapsch TrafficCom AG company (Republic of Austria)" (The national register of legal acts of the Republic of Belarus, 2012, No. 28, 5/35334) of the investment contract between the Republic of Belarus and the Kapsch TrafficCom AG company (Republic of Austria) (further – the investment agreement) on project implementation "Creation and operation of system of electronic collection of payment in the mode of free multiband movement ("System of electronic collection of payment") for driving of vehicles through certain roads of the Republic of Belarus ("UTS System")".

2. Enact system of electronic collection of payment since July 1, 2013.

3. Approve the enclosed Regulations on single questions of collection of fare of vehicles on paid highways of the Republic of Belarus.

4. Determine that:

4.1. collection of payment with use of system of electronic collection of fare of vehicles on paid highways is performed in the presence of alternative way for free pass in this direction;

4.2. the procedure for collection of fare of vehicles on paid highways, including on arbitrary fare, affirms Council of Ministers of the Republic of Belarus;

4.3. the amount of fare on paid highways is calculated on the basis of the rates established by the Ministry of Transport and Communications in coordination with the Ministry of Finance taking into account maintenance costs and development of paid highways, traffic volumes on them of the vehicles, inflation adjustments, conditions of the investment agreement and other circumstances exerting impact on the total volume of the payment levied for driving through all paid highways;

4.3-1. the amount of fare on paid highways on arbitrary fare is established by the Ministry of Transport and Communications in coordination with the Ministry of Finance;

4.4. users of the paid highway *, using are exempted from fare on paid highways:

vehicles ** with technically admissible total mass of no more 3,5 of ton, registered in the territory of state members of the Eurasian Economic Union or with established in the cases provided by legal acts, temporary number boards of the Republic of Belarus and the trail cars towed by them;

the vehicles with technically admissible total mass of no more 3,5 of ton which are not registered in the territory of state members of the Eurasian Economic Union, imported by physical persons on customs area of the Eurasian Economic Union or acquired by physical persons in the territory of state members of the Eurasian Economic Union and imported on the territory of the Republic of Belarus, and trail cars towed by them, – within 10 days respectively from the date of their release by customs authorities for the purpose of the address on customs area of the Eurasian Economic Union without restrictions on use and the order or from the date of their acquisition;

vehicles with the temporary (transit) registration signs issued in foreign state, the Republic of Belarus acquired by individual entrepreneurs or legal entities in property, economic maintaining or operational management and the Republic of Belarus imported on the territory;

mopeds and motorcycles;

the wheel tractors and self-propelled machines registered in the territory of the Republic of Belarus;

vehicles of operational assignment;

the vehicles used for the purpose of ensuring defense capability and law and order;

the route vehicles performing city public conveyances, and also the vehicles used for the purpose of liquidation of emergency situations or carriages of goods of the humanitarian assistance to the population of the Republic of Belarus and other states;

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* For the purposes of this Decree and Regulations on single questions of the collection of fare of vehicles on paid highways of the Republic of Belarus approved by this Decree the term "user of the paid highway" is understood as the owner (owner) of the vehicle or the person who is using the paid highway and being directly involved in traffic as the transport driver.

** For the purposes of this Decree the terms "vehicle", "moped", "motorcycle", "route vehicle", "vehicle of operational assignment" have the values determined in Item 2 of the Traffic regulations approved by the Presidential decree of the Republic of Belarus of November 28, 2005 No. 551 "About measures for traffic safety increase" (The national register of legal acts of the Republic of Belarus, 2005, No. 189, 1/6961).

4.4-1. the users of the paid highway who are not specified in subitem 4.4 of this Item according to the decision of the President of the Republic of Belarus can be exempted for certain term from fare on paid highways;

4.5. operation control of system of electronic collection of payment is exercised by foreign limited liability company "Kapsh Telematik Servisiz" (Republic of Belarus) which provides proper functioning of system of electronic collection of payment and performs other functions connected with ensuring work of this system according to the investment agreement;

4.6. the money received from collection of fare on paid highways is subject to transfer into the account of public institution of Belavtostrad and after payment of the Kapsch TrafficCom AG company (Republic of Austria) of payments according to the investment agreement and according to appendix * to this Decree is transferred into the republican budget.

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* It is not dispatched.

5. The system of electronic collection of payment is accepted in property of the Republic of Belarus in accordance with the terms, determined in the investment agreement, and is transferred to operational management of public institution of Belavtostrad. At the same time transfer of devices of electronic payment and other elements of system of electronic collection of payment to economic maintaining the republican unitary enterprise "Belavtostrada" until its transformation to public institution of Belavtostrad is allowed.

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