RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 30, 2013 No. 340

About approval of the Regulations on procedure for collection of fare of vehicles on paid highways of the Republic of Belarus and entering of amendments and changes into some resolutions of Council of Ministers of the Republic of Belarus

According to subitem 7.2 of Item 7 of the Presidential decree of the Republic of Belarus of September 27, 2012 "About single questions of functioning of system of electronic collection of fare of vehicles on certain roads of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 426

1. Approve the enclosed Regulations on procedure for collection of fare of vehicles on paid highways of the Republic of Belarus.

2. Make additions and changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the Regulations on Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 4, 2002 No. 1218 "About creation of Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2002, No. 102, 5/11086; 2011, No. 120, 5/34654):

add Item 5 with subitem 5.1.6 of the following content:

"5.1.6. observance by users of the paid highway of the procedure for collection of fare of vehicles established by the legislation on paid highways;";

to exclude from subitem 5.6 of Item 5 of the word "and licensed cards on vehicles, application of the regulatory legal acts regulating questions of implementation of the international motor transportations";

to state subitem 6.8 of Item 6 in the following edition:

"6.8. hold seminars, render (to carry out) information, consulting and other services (works) connected with execution of the tasks and functions assigned to Transport inspection;";

to state subitem 6.13 of Item 6 in the following edition:

"6.13. make decisions on blocking of wheels, detention and (or) forced towing-in (evacuation) of vehicles on the supervised parking in the cases provided by legal acts;";

2.2. part one of Item 3 of the resolution of Council of Ministers of the Republic of Belarus of August 22, 2012 No. 776 "About streamlining of use of official and special cars" (The national legal Internet portal of the Republic of Belarus, 28.08.2012, 5/36145; 18:04. 5/37145) to add 2013, with words ", "Transport inspection" (for the cars used for control of observance by users of the paid highway of the procedure for collection of fare of vehicles established by the legislation on paid highways, legislations of the Republic of Belarus)".

3. To the Ministry of Transport and Communications in coordination with the Ministry of Finance to establish procedure for rounding of fare on paid highways in a month, including fares with oversize and mortgage cost of the device of electronic payment.

4. To republican state bodies to bring the regulations into accord with this resolution in a month.

5. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 30, 2013 No. 340

Regulations on procedure for collection of fare of vehicles on paid highways of the Republic of Belarus

Section I. General provisions

1. This Provision regulates procedure for collection of fare of vehicles on paid highways of the Republic of Belarus (further - the paid road).

2. In this Provision the following basic concepts and their determinations are used:

the act of violation - the document constituted by the authorized officer of public institution "Transport inspection of the Ministry of Transport and Communications of the Republic of Belarus" (further - Transport inspection) and the confirming fact of violation(s) by the user of the paid road of procedure for collection of fare on it or its parts. The form of the act of violation affirms the Ministry of Transport and Communications (further - Ministry of Transport);

the act of detention - the document confirming detention of the vehicle by the authorized officer of Transport inspection for ensuring introduction by the user of the paid road of fare with oversize (further - payment with oversize). The form of the act of detention affirms Ministry of Transport;

blocking of wheel of the vehicle - the detention of the vehicle by the authorized officer of Transport inspection with use of the special technical means excluding possibility of movement of the vehicle applied as measure of ensuring collection of payment with oversize;

mortgage cost - the cost of the device of electronic payment paid by the user of the paid road as guarantee of return of the device of electronic payment;

the receipt – the document issued by the authorized officer of Transport inspection together with the act of violation and specifying the amount of payment with oversize and also used in case of acceptance of cash. The form of the receipt affirms Ministry of Transport;

the control vehicle - the special vehicle of Transport inspection equipped with the special technical means providing check of correctness of operation of the device of electronic payment, control of introduction of fare and payment with oversize and also collection of payment with oversize;

violation - set of all incidents concerning one vehicle fixed by system of electronic collection of payment or the authorized officer of Transport inspection within two hours from the moment of fixing of the first incident. The type of violation is determined by the heaviest fixed incident as a part of violation;

inadequate use of the device of electronic payment - installation or use of the device of electronic payment in defiance of procedure for technological operation, including without limitation, installation of the device of electronic payment in the inadequate place, mechanical impact on the device of electronic payment, opening of the device of electronic payment;

non-payment - the incident fixed by the control system of payment or the authorized officer of Transport inspection and consisting in total absence of fare on the paid road or its part. For the purposes of this provision treat non-payment:

absence on the vehicle of the device of electronic payment;

lack of fixing of introduction of fare on the device of electronic payment;

use of the idle device of electronic payment;

use of the device of electronic payment which is not allowing to make payment for journey in accordance with the established procedure;

use of the device of electronic payment in defiance of procedure for technological operation;

unauthorized use of the device of electronic payment intended for the vehicles exempted from fare on paid roads;

incomplete payment - the incident fixed by the control system of payment or the authorized officer of Transport inspection, consisting in implementation of fare not in complete size. For the purposes of this provision treat incomplete payment:

use on the vehicle of the device of electronic payment with the established smaller quantity of axes, than is offered procedure for technological operation for this vehicle;

use of the device of electronic payment which is not personalized for this vehicle and registration sign established on it, except as specified introduction of incorrect data in case of vehicle registration in system of electronic collection of payment;

the servicing organization - the organization which is providing services to users of the paid road on issue, return and exchange of devices of electronic payment, collection of the fare brought by users, and also ensuring realization by users of other rights and (or) fulfillment of duties in connection with accomplishment of this provision, including by issue of fuel cards, and acting on the basis of the agreement signed with public institution of Belavtostrad and (or) the operator;

the operator - the foreign limited liability company "Kapsh Telematik Servisiz" (Republic of Belarus) exercising operation control of system of electronic collection of payment, and also providing other services to users of the paid road on behalf of public institution of Belavtostrad;

balance of advance payment - the actual remaining balance of advance payment registered by system of electronic collection of payment for this device of electronic payment used according to the agreement of use of the paid road in the mode of advance payment;

fare - the fare on the paid road calculated based on the rate approved by Ministry of Transport in coordination with the Ministry of Finance, and levied from the user of the paid road according to this Provision;

payment with oversize - the fare of vehicles on the paid road brought by the user of the paid road upon the demand of the authorized officer of Transport inspection in case of identification of non-payment or incomplete payment;

the paid road - the highway or its part(s) for driving through which the payment according to this Provision is levied;

frontier point of servicing – the service point located at the road check point through Frontier of the Republic of Belarus or on the highway in close proximity to it at the distance allowing to provide entrance to service point without change of rout to follow to this road check point through Frontier of the Republic of Belarus;

the user of the paid road - the owner (owner) of the vehicle or the person who is using the paid road and being directly involved in traffic as the transport driver;

procedure for technological operation - the procedure for technological operation of the device of electronic payment determined by the operator which copy is issued to the user of the paid road by transfer to free use of the device of electronic payment;

advance payment - the payment intended for obligation fulfillment on introduction of fare, performed by the user of the paid road prior to use of the paid road;

incident - the isolated case of failure to carry out by the user of the paid road of procedure for collection of fare on paid roads fixed by the control system of payment or the authorized officer of Transport inspection;

journey with non-payment or incomplete payment - departure of the vehicle on the carriageway of the paid road without introduction of fare or with introduction of incomplete fare;

service point - object of roadside service or other room in which services are rendered to users of paid roads. In the service points located in the territory of the Republic of Belarus the sign "BelToll" is established;

settlement segment - the minimum section of the paid road, driving through which is subject to payment by the user of the paid road;

the payment mode - the conditions of introduction of fare on paid roads established in the agreement of use of the paid road in the form of the mode of advance payment or the mode of payment after delivery according to Chapter provisions 4 this provision;

the payment control system - set of all types of the equipment of system of electronic collection of payment, including the fixed roadside equipment, the equipment installed on control vehicles and other special equipment, and also the software, photo and video fixing used within operation of system of electronic collection of payment, allowing to control observance by users of the paid road of the legislation regulating procedure for collection of fare on paid roads;

system of electronic collection of payment - system of electronic collection of payment in the mode of free multiband movement for driving of vehicles through certain roads of the Republic of Belarus ("UTS System");

service of technical support - telephone customer support department of the paid road;

the station of collection of payment - the element of road infrastructure intended for collection of fare and (or) check of fare;

stationary Item of control – the place of control of introduction of fare of vehicles on paid roads authorized officers of Transport inspection equipped with the special technical means providing check of correctness of operation of devices of electronic payment, control of introduction of payment for use of the paid road including payments with oversize and collection of this payment;

the fuel card - the electronic device used within functioning of system of electronic collection of payment for payment of journey of vehicles on paid roads;

the authorized officer of Transport inspection - the service employee of Transport inspection who according to its job responsibilities has the right to exercise control of observance by users of the paid road of the procedure for introduction of fare established by the legislation;

the device of electronic payment - the engineering device intended for vehicle identification in movement by system of electronic collection of payment and fixing of driving through the paid road.

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

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