of June 23, 2016 No. 519, on July 4, 2016 No. 312
About introduction of amendments to the joint order of the acting minister on investments and development of the Republic of Kazakhstan of December 14, 2015 No. 1205 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 823 "About approval of criteria for evaluation of risk degree and checking sheets in the field of automobile, railway, inland water transport and merchant shipping"
According to Item 2 of article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" we ORDER:
1. Bring in the joint order of the acting minister on investments and development of the Republic of Kazakhstan of December 14, 2015 No. 1205 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 823 "About approval of criteria for evaluation of risk degree and checking sheets in the field of automobile, railway, inland water transport and merchant shipping" (Registered in the Register of state registration of regulatory legal acts for No. 12769, published on February 10, 2016 in information system of law of Ad_let) the following changes:
to be reworded as follows the criteria for evaluation of risk degree in the field of rail transport approved by the specified order according to appendix 1 to this joint order;
to be reworded as follows the checking leaf in the field of the state control in the field of rail transport approved by the specified order according to appendix 2 to this joint order.
2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:
1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;
2) the direction of the copy of this joint order in printing and electronic types on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within five working days from the date of receipt of the registered joint order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this joint order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;
4) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.
3. To impose control of execution of this joint order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.
4. This joint order becomes effective after ten calendar days after day of its first official publication.
|
Minister of investments and development of the Republic of Kazakhstan |
_____________ Zh. Kasymbek |
|
Minister of national economy of the Republic of Kazakhstan |
______________ K. Bishimbayev |
|
It is approved Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan "" _________ 2016 |
___________________ S. Aytpayeva |
Appendix 1
to the joint Order of the Minister of investments and development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 23, 2016 No. 519, on July 4, 2016 No. 312
Appendix 2
to the joint Order, the acting minister on investments and development of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 14, 2015 No. 1205, on December 29, 2015 No. 823
1. These criteria for evaluation of risk degree in the field of rail transport (further - criteria) are developed according to Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015.
2. In criteria the following basic concepts are used:
1) considerable violation - violation of requirements of regulatory legal acts to allowing documents and to the license, and also on rendering services to the population in passenger trains and at railway stations;
2) insignificant violation - violation of requirements of regulatory legal acts in the field of rail transport which does not influence traffic safety on rail transport does not threaten life and health of the person, the environment, but are obligatory;
3) gross violation - violation of requirements of regulatory legal acts when implementing transportation of passengers, baggage, loads, cargo baggage and post departure rail transport, operation, content of railway rolling stock, the high-level railway system and objects of transport infrastructure which threatens life and health of the person, the environment and traffic safety on rail transport. Incidents (the crashes, accidents, collision, descents of railway vehicles) on main, station, the sidings and railway tracks which are not included in the high-level railway system;
4) risk - probability of damnification as a result of activities of the checked subject of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;
5) criteria for evaluation of risk degree - set of the quantitative and qualitative indexes connected with direct activities of the checked subject, the features of industry development and factors influencing this development, the checked subjects allowing to carry to different risk degrees;
6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on risk degree in certain field of activity and which are not depending directly on the separate checked subject;
7) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on results of activities of the specific checked subject;
8) the checked subjects in the field of rail transport - the National operator of infrastructure, the operator of locomotive draft, the operator of cars (containers), carrier, vetvevladelets, the auxiliary service of rail transport, persons owning on the property right or other legal causes by railway stations.
3. These criteria are created by means of objective and subjective criteria.
4. Primary reference of the checked subjects on degrees of risks is performed on the basis of objective criteria.
5. Risk identification in the field of rail transport is performed depending on probability of damnification of life and to health of the person, legitimate interests of physical persons and legal entities, the environment, and also from non-compliance with conditions of trouble-free operation of the checked subjects (objects), content in operability of the high-level railway system, railway vehicles, railway tracks, constructions, the equipment, mechanisms and devices, elimination of effects of accidents.
6. By objective criteria all under control subjects (objects) in the field of rail transport belong to high risk.
7. Concerning the checked subjects (objects) carried to high risk selective, unscheduled inspections and other forms of control are carried out.
8. Determination of subjective criteria is performed based on the analysis of results of checks, information, data, claims and addresses from state bodies, legal entities and physical persons and information on transport incidents.
9. For assessment of degree of risks the following sources of information are used:
1) availability of transport incidents because of the checked subject (object);
2) availability of information, data, claims and addresses from state bodies, legal entities and physical persons about damnifications, or to threat of life and health of the person, the environment and traffic safety on rail transport;
3) results of the previous checks. At the same time severity of violations (rough, considerable, insignificant) is established in case of non-compliance with requirements of the legislation of the Republic of Kazakhstan;
4) analysis of official Internet resources of state bodies, mass media;
5) analysis results of the information provided by authorized bodies and the organizations.
10. Based on the sources of information specified in Item of 9 these criteria subjective criteria for evaluation of risk degree according to appendix to these criteria by which risk exponents are appropriated are determined.
11. The exponent of risk of subjective criteria is estimated on scale from 0 to 100.
12. For assessment of degree of risks by results of the previous checks the criteria shown to the checked subjects (objects) are subdivided on rough, considerable and insignificant.
In case of measure calculation of risk degree the specific weight of not executed criteria is determined.
In case of identification of one gross violation, to the checked subject the exponent of risk 100 is equated and concerning it selective check is carried out.
If gross violations are not revealed, for measure definition of risk degree the total indicator on violations of considerable and insignificant degree is calculated.
In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:
14. On risk exponents the checked subject (object) belongs:
1) to high risk - in case of exponent of risk from 60 to 100 and concerning it selective check is carried out;
2) not carried to high risk - in case of exponent of risk from 0 to 60 and concerning it selective check is not carried out.
15. In the analysis and assessment of degree of risks data of the subjective criteria which are earlier considered and used concerning the specific checked subject (object) are not applied.
16. Frequency rate of carrying out selective check no more than one time a year.
17. Selective checks are carried out based on lists of the selective checks created for quarter by results of the carried-out analysis and the estimates approved by the first head of regulatory state agency and go to authorized body on legal statistics and special accounting not later than fifteen calendar days prior to the beginning of the corresponding accounting period in time.
18. Lists of selective checks are constituted taking into account:
1) priority of the checked subjects (objects) with the greatest exponent of risk by subjective criteria;
2) loads of the officials of state body performing checks.
to Criteria for evaluation of risk degree in the field of rail transport
Subjective criteria for evaluation of risk degree
|
Criteria |
Degree | |
|
Availability of transport incidents because of the checked subject (object) | ||
|
1 |
Incidents as a result of which collision or descent of railway rolling stock on railway tracks is allowed |
rough |
|
2 |
Incidents as a result of which collision is allowed, descent of railway rolling stock in cargo or passenger trains on main, station, the sidings and railway tracks which are not included in the high-level railway system integrated to death and heavy bodily harms of people |
rough |
|
3 |
Incidents as a result of which damage of railway rolling stock to the condition which is not subject to recovery is allowed |
rough |
|
4 |
Incidents as a result of which damage of railway rolling stock to the amount requiring its uncoupling and giving on repair is allowed |
rough |
|
Availability of information, data, claims and addresses | ||
|
1 |
Information, data, claims and addresses about damnification, or threat of life and to health of the person, the environment and traffic safety on rail transport |
rough |
|
The analysis of the information provided by authorized bodies and the organizations, the analysis of official Internet resources of state bodies, mass media | ||
|
1 |
Availability of the confirmed information on incident on rail transport, or threat of life and to health of the person, the environment |
rough |
|
Results of the previous checks (severity of violations (rough, considerable, insignificant) is established in case of non-compliance with requirements of the legislation of the Republic of Kazakhstan) | ||
|
1) Vetvevladelets | ||
|
1 |
Availability of state registration of railway vehicles according to the procedure, established by authorized body. |
considerable |
|
2 |
Implementation of operation of siding based on the instruction about procedure for servicing and the organization of movement on siding developed by vetvevladelets and approved by the National operator of infrastructure according to rules of transportations. |
insignificant |
|
3 |
Performing periodic medical examination of workers, and also prereplaceable survey of the locomotive crews and workers who are directly connected with train service according to article 155 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" and other regulatory legal acts of the Republic of Kazakhstan in the field of health care. |
rough |
|
4 |
Enhancement of system of professional training, training, advanced training of workers of main occupations of rail transport taking into account implementation of the new equipment, technologies and instruments of management, and also working off of practical skills of actions in unusual situations. |
insignificant |
|
5 |
Providing technically the operational tool and technical means according to specifics of the carried-out works. |
insignificant |
|
6 |
Provision of information on the allowed violations of safety which entailed violations of traffic safety on rail transport of the Republic of Kazakhstan, participants of transportation process, the auxiliary services of rail transport performing activities in the field of rail transport, irrespective of pattern of ownership in body of the state transport control and its territorial subdivisions, promptly no later than days, and in cases of collisions, descents of trains and railway vehicles – no later than one hour, from the moment of incident. |
insignificant |
|
7 |
Availability on each unit of railway rolling stock of the following distinctive accurate marks and texts: |
insignificant |
|
8 |
Maintaining on each engine, the car and unit of motorvagonny railway vehicles and Union of Right Forces of technical data sheet of the manufacturing plant containing technical and operational characteristics. |
insignificant |
|
9 |
Ensuring timely passing of railway vehicles and Union of Right Forces of scheduled preventive types of repair and maintenance. |
rough |
|
10 |
Carrying out commission survey of power railway vehicles, and also cars, Union of Right Forces two times a year (in the spring and in the fall). |
considerable |
|
11 |
Ensuring leaving of the locomotives standing in working order, motorvagonny and Union of Right Forces under observation of the worker, the aware rule of their servicing, and on the station ways – the driver, the driver of Union of Right Forces or their assistants on the depot ways and ways of business entities. |
rough |
|
12 |
The equipment of locomotives and motorvagonny railway vehicles, (special self-propelled railway vehicles) the means of train radio communication compatible to train radio communication of infrastructure along routes of the address of trains (in case of operation on infrastructure), velometers with registration of the established indications, locomotive devices of the automatic locomotive alarm system and safety controls. |
rough |
|
13 |
The equipment of the shunting locomotives serviced by one driver: |
rough |
|
14 |
Not assumption of release of locomotives, motorvagonny and railway vehicles in operation which have at least one of the following defects: |
rough |
|
15 |
Subjection to testing and survey of devices of electric protection, fire extinguishing means, the fire alarm and automatic equipment, manometers, safety valves, air reservoirs on locomotives and motorvagonny railway vehicles. |
rough |
|
16 |
The equipment of railway vehicles, including special self-propelled railway vehicles automatic brakes, besides the equipment of the cars, motorvagonny railway vehicles and locomotives intended for driving of passenger trains by electric air brakes. |
rough |
|
17 |
Equipment emergency brakes of locomotives, passenger, goods wagons, motorvagonny and Union of Right Forces. Availability in goods wagons of the transitional platform with emergency brake and the emergency brake according to design. Content of emergency brakes of railway rolling stock in good repair and ensuring their settlement brake pressing. |
rough |
|
18 |
The equipment of railway vehicles and Union of Right Forces the coupling device excluding spontaneous separation of units of railway rolling stock. |
rough |
|
19 |
Automatic coupling axis height over the level of top of heads of rails: |
rough |
|
20 |
Observance during the designing, construction, reconstruction of the high-level railway system, railroad side tracks, constructions and devices on them, in case of electrification and construction of the second ways, and also at all operated constructions and devices of dimensions of approach of structures (further - With and the Joint venture). |
rough |
|
21 |
Providing dimension of constructions and devices when carrying out any repair, construction and other work. |
rough |
|
22 |
Providing distance between axes of ways on stages of two-acceptable lines on direct sites at least 4100 millimeters. |
rough |
|
23 |
Establishment of dimensional gate for check of correctness of cargo placement within the specified dimension in places of mass loading (on railroad side tracks, in sea and river ports, at stations of overload). Laying and fixing of the loads unloaded or prepared for loading about the way so that the dimension of approach of structures was not broken. |
rough |
|
24 |
Providing in case of operation with all elements of railway track (road bed, the upper structure and artificial constructions) of safe and smooth train service with the speeds established on this site. |
Rough |
|
25 |
Compliance of railway tracks concerning radiuses of curves, interface of straight lines and curves, the steepness of biases to the plan and profile of the line. |
rough |
|
26 |
Prediscretion of devices of safety deadlocks, security arrows, the dumping boots dumping funnymen, the dumping arrows for the prevention of spontaneous exit of cars on other ways, routes of acceptance and departure of trains, and also use of stationary devices for fixing of cars. |
rough |
|
27 |
Tallying of the nominal size of width of track between internal sides of heads rails on direct sites of way and on curves to the radius of 350 meters and more - 1520 millimeters. |
rough |
|
28 |
Track width on more abrupt curves is provided following: |
rough |
|
29 |
Assumption of operation of sites of railway tracks track width - 1524 millimeters on direct and curve sites of way with a radius more than 650 meters. |
rough |
|
30 |
Establishment of size of variations from the nominal sizes of width of track on direct and curve sites of way aside: narrowings-4 millimeters, broadenings of the +8th millimeter, and on sites where speeds of movement of 50 kilometers hour and less, aside are established: narrowings-4 millimeters, broadenings of +10 millimeters. |
rough |
|
31 |
Not assumption of size of variations from the nominal sizes of width of track less than 1512 millimeters and more than 1548 millimeters. |
rough |
|
32 |
Establishment before funnymen of all facing railroad switches on the main ways of otboyny bars. |
rough |
|
33 |
Not assumption of exploitation of railroad switches and deafs crossing at which one of the following defects is allowed at least: |
rough |
|
34 |
Availability of safety deadlocks, security arrows, the dumping boots dumping funnymen or the dumping arrows in places of adjunction of railway access and connecting tracks to priyemootpravochny and other station ways, for prevention of spontaneous exit of railway vehicles on the station or stage. |
rough |
|
35 |
Availability of the catching deadlocks on the stages having long descents and also at the stations limiting such stages. |
rough |
|
36 |
Limiting establishment of columns in the middle междупутья in that place, where distance between axes of the meeting ways of 4100 millimeters. Availability of distance of 3810 millimeters on the existing station ways on which the railway vehicles constructed on the T dimension do not address. Establishment on the reloading ways with the promised mezhduputy limiting column in that place where width междупутья reaches 3600 millimeters. |
rough |
|
37 |
Availability of side and face platforms on locomotives with body of kapotny type. Establishment hand-rail - barriers with intermediate barrier on the outer side of side and face platforms, restrictive levels on outside perimeter of half of platforms. |
rough |
|
38 |
Not assumption in zones of journey and transition through railway tracks: podkladyvaniye, dropping and leaving on railway tracks of objects which can cause violation of movement of rail transport. |
rough |
|
39 |
Availability of the license for transportation of goods in the field of rail transport |
considerable |
|
40 |
Observance of the qualification requirements imposed to activities for transportation of goods by railway transport. |
insignificant |
|
41 |
Providing and implementation with vetvevladelets of maintenance and repair of sidings. |
rough |
|
42 |
Providing with vetvevladelets on each siding two copies of the documentation package consisting from: |
insignificant |
|
43 |
Ensuring illumination of sidings with vetvevladelets within the territory occupied by them, and also carrying out cleaning of sidings of garbage and snow. |
insignificant |
|
44 |
Providing the organizations with the first heads - participants of transportation process, completeness of conducting primary accounting and correctness of classification of cases of violations of safety |
insignificant |
|
45 |
Respect for fire safety, regarding the admission to work of persons which did not undergo instructing. |
rough |
|
2) Auxiliary service of rail transport | ||
|
46 |
Availability of state registration of railway vehicles according to the procedure, established by authorized body. |
considerable |
|
47 |
Observance of completion and placement of personnel according to the list of positions (professions) of workers of rail transport and qualification requirements |
rough |
|
48 |
Enhancement of system of professional training, training, advanced training of workers of main occupations of rail transport taking into account implementation of the new equipment, technologies and instruments of management, and also working off of practical skills of actions in unusual situations. |
rough |
|
49 |
Conducting each decade checks on subject "Day of traffic safety". |
rough |
|
50 |
Content in good repair and effective use of means of defectoscopy and systems of diagnostics. |
insignificant |
|
51 |
Safety of production of handling works: choice of methods of works, weight handling equipment and industrial equipment; |
rough |
|
52 |
Compliance of railway vehicles, the Union of Right Forces coming to railway tracks irrespective of accessory and patterns of ownership, to requirements of Rules of technical operation of rail transport |
rough |
|
53 |
Availability on each unit of railway rolling stock of the following distinctive accurate marks and texts: |
insignificant |
|
54 |
Maintaining on each engine, the car and unit of motorvagonny railway vehicles and Union of Right Forces of technical data sheet of the manufacturing plant containing technical and operational characteristics. |
insignificant |
|
55 |
Ensuring timely passing of railway vehicles and Union of Right Forces of scheduled preventive types of repair and maintenance. |
rough |
|
56 |
Providing railway rolling stock with owners and workers of rail transport, is direct its servicing serviceable technical condition, maintenance, repair and observance of fixed terms of service of railway rolling stock. |
Rough |
|
57 |
Ensuring technical condition of railway vehicles and Union of Right Forces with systematic checks in case of maintenance by locomotive crews or crews of Union of Right Forces, integrated and specialized teams in maintenance Items, in cargo and passenger depots, at the plants and in repair bases, traveling machine stations and depot for the special railway vehicles equipped with modern diagnostic means. |
rough |
|
58 |
Providing with workers, directly performing maintenance and repair, masters and heads of the relevant plants, depot, repair shops, including depot for Union of Right Forces, traveling machine stations, distances, workshops and Items of maintenance of quality of the executed maintenance and repair and traffic safety of railway vehicles and Union of Right Forces. |
rough |
|
59 |
Implementation of modification of design of the operated railway rolling stock, influencing its operational characteristics, on condition of observance of requirements of operational documentation. |
rough |
|
60 |
All elements of cars on durability, stability and technical condition provide safe and smooth train service. |
rough |
|
61 |
Ensuring check in case of maintenance: |
rough |
|
62 |
The equipment of railway vehicles and Union of Right Forces the coupling device excluding spontaneous separation of units of railway rolling stock. |
rough |
|
63 |
Automatic coupling axis height over the level of top of heads of rails: |
rough |
|
64 |
Availability of limiters of vertical movements on automatic couplings of cars, and also on automatic couplings of the Union of Right Forces, the locomotive working on technology jointly in link to the passenger train. |
rough |
|
65 |
Availability on each wheel couple on axis of accurately put down sign about time and the place of forming and complete survey of wheel couple, and also brand about its acceptance when forming. |
insignificant |
|
66 |
Distance availability between internal sides of wheels at not loaded wheel couple 1440 millimeters. At locomotives and cars, and also the special self-propelled railway vehicles handling in trains speed over 120 kilometers per hour up to 140 kilometers per hour, variation assumptions towards increase no more than 3 millimeters and towards reduction no more than 1 millimeter at speeds up to 120 kilometers per hour of assumption of variation towards increase and reduction no more than 3 millimeters. |
rough |
|
67 |
Not assumption of release in operation and to following in trains railway vehicles, including Union of Right Forces with crack in any part of axis of wheel couple or crack in rim, bandage, disk and nave of wheel, in the presence of sharp-pointed setup on crest of wheel couple, and also in case of the following iznosa and damages of wheel couples breaking normal interaction of way and railway vehicles: |
rough |
|
68 |
Satisfaction of wheels of cars of production of the PatentesTalgoS.L company. to the following requirements of the technological instruction of manufacturing plant and additional requirements: |
rough |
|
69 |
Compliance of constructions, devices, mechanisms and oborudovaniye to requirements of Rules of technical operation of rail transport. Availability on constructions, devices, the main mechanisms and the equipment of the technical data sheets containing technical and operational characteristics. |
rough |
|
70 |
Providing dimension of constructions and devices when carrying out any repair, construction and other work. |
rough |
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