Rus News Journal

The project of the governmental order of the Russian Federation About modification of the governmental orders of the Russian Federation from June, 9th, 2010 409 and from July, 30th, 2004 398

the Government of the Russian Federation p about with t and n about in l I e t:

1.   to Bring in Position about powers of officials of Federal Agency of supervision in sphere of the transport, carrying out the control (supervising) functions, confirmed by the governmental order of the Russian Federation from June, 9th, 2010 409 About realisation by officials of Federal Agency of supervision in sphere of transport of control (supervising) functions (Meeting of the legislation of the Russian Federation, 2010, 25, item 3170) following changes:

1) in point 4:

to add with the subparagraph r in the following edition:

At suspicion on the use by the crewman of the aircraft of spirits, narcotics, psychotropic substances in flight change directs crewmen of the aircraft on physical examination; ;

to add with the subparagraph with in the following edition:

carries out a stop of vehicles on road service stations, autostations, on final stopping points of city, suburban, long-distance and bus routes with a view of realisation of the powers assigned to it by the legislation of the Russian Federation ;

2) to add with point 5. 1 following maintenance:

5. 1 State transport inspector at realisation of control (supervising) functions in the established field of activity has the right to use means, including   audio means - a photo - and video fixings. .

2. To bring in Position about Federal Agency of supervision in the transport sphere, confirmed by the governmental order of the Russian Federation from July, 30th, 2004 398 (legislation Meeting                             the Russian Federation,   2004,   32,   item 3345;   2006,   15,   the item   1612;     41, the item   4256;   52, the item   5587;   2007,   52, item 6472;   2008,   26, item 3063;   31, item 3743;   46, item 5337, item 5349;   2009, 6, item 738;     13, item 1558;     18, item 2249; 30, item 3823; 33, item 4081), following changes:

to add with point   5. 5. 12. 2 following maintenances:

5. 5. 12. 2 check of vehicles about observance by carriers of requirements of the legislation of the Russian Federation in sphere of rendering of services by motor transport and city land electric transport (except for a technical condition of a vehicle and traffic safety issues) .

3. To establish that the Federal Agency of supervision in transport sphere carries out assigned on it according to the present Decision of power within established by the Government of the Russian Federation of limiting number of workers of central office and territorial bodies and within the assignments provided by Rostransnadzoru in the federal budget on a management and management in sphere of established functions.

the Chairman of the Government

the Russian Federation D.Medvedev

the Explanatory note

the Project of the governmental order of the Russian Federation About modification of the governmental orders of the Russian Federation from June, 9th, 2010 409 and from July, 30th, 2004 398 (further - the decision project) is developed to execute the commission of the Governmental commission on transport and communication   from August, 23rd, 2011 (the report 3).

the decision project supposes to make changes to Position about powers of officials of Federal Agency of supervision in sphere of the transport, carrying out the control (supervising) functions, confirmed by the governmental order of the Russian Federation from June, 9th, 2010 409 About realisation by officials of Federal Agency of supervision in sphere of transport of control (supervising) functions   And Position about Federal Agency of supervision in the transport sphere, confirmed by the governmental order of the Russian Federation from July, 30th, 2004 398.

the decision Project offers to allocate the state transport inspectors with the right to carry out a stop and to make check of vehicles.

the Federal law from December, 26th, 2008 294 - FZ About protection of the rights of legal bodies also are individual businessmen at realisation of the state control (supervision) and municipal control introduction of a notifying order on transportations of passengers on an irregular basis, i.e. by request is provided, having kept licensing only regular passenger transportations that   promotes leaving from licensing of the carriers, which steels to carry out regular transportations under the pretext of the custom-made.

Thus typical infringements of a steel of re-equipment of the buses transporting passengers in the long-distance message, berths to use with which it is possible only on parking. However use them and at vehicle movement. During the moment dorozhno - transport incident passengers sustain the maximum injuries from - for absence of elementary systems of passive safety, such as a seat belt, and also in case of overturning passengers cannot get out of salon of the bus from - for absence of emergency exits.  
so, in Vladimir region as a result of collision of the long-distance bus equipped with berths, with lorry and the subsequent ignition people were lost. Weight of consequences could be more low if passengers had possibility to be evacuated from the bus. Thus it is necessary to notice that changes of a design of the bus have been registered traffic police.
the Existing system of licensing does not provide procedure of survey of buses by employees of Rostransnadzora and Rostransnadzor as the licensing body at existing requirements of the legislation of the Russian Federation works now only with documents.

Thus, receiving a package of documents in which there is a coupon about passage of the state checkup, the inspector   has no right to refuse licensing from - for technical malfunction or bus re-equipment. A similar situation and on other types of transport.
a solution of a problem of increase of level of safety of transportations on which the real condition of transport to the greatest degree depends, and first of all its characteristic most important for passengers - safety, is defined by level of observance of the requirements established by the state to subjects of the market, the personnel, the transport technics, an infrastructure. It is obviously necessary accurate   Formation corresponding legislative and is standard - legal base with simultaneous perfection kontrolno - supervising functions in the given branch.
basic transition from scale kontrolno - supervising actions upon already come true tragedy to precautionary, preventive measures thereupon is necessary.

possibility of the state control of vehicles, processes of their operation (except for a technical condition of vehicles and traffic safety issues) Should be is standard defined. Such state control is offered to be distinguished from the state control (supervision) over activity legal and the physical persons, carried out according to the Federal law from December, 26th, 2008 294 - FZ About protection of the rights of legal bodies also are individual businessmen at realisation of the state control (supervision) and municipal control . Feature of a vehicle is (in comparison with other objects of control - buildings, constructions and etc.) Its mobility. Frequently it is impossible to define an accessory of the vehicle transporting passengers and (or) cargoes.

At the state inspectors, at infringement detection on vehicles, it should be right their direct check by a stop and survey about observance of the established norms and rules.

Besides, the decision project in connection with an existing problem of the use by crewmen of the aircraft in flight change of spirits, narcotic and other forbidden substances, it is provided to direct the right of the state transport inspector in the presence of signs of such intoxication crewmen on physical examination.
the decision project offers to allocate the state transport inspector with the right at realisation of control (supervising) functions in the established field of activity of use of means, including   Audio means - a photo - and video fixings. The specified means are necessary for the state transport inspectors at documenting spent according to the legislation of the Russian Federation of actions for maintenance of evidentiary base with material evidences.

the Specified changes will not entail an additional expenditure of means of the federal budget, will not entail     behind itself of change of volume of powers and the competence of public authorities of subjects of the Russian Federation and local governments,   will not cause reduction of a profitable part of corresponding budgets, will be   to be carried out within the Russian Federation established by the Government of regular number and the established financing of Federal Agency of supervision in transport sphere.