ORDER OF PUBLIC SERVICE OF HIGHWAYS OF UKRAINE

of September 29, 2005 No. 414

About approval of the Procedure for issue of permissions to placement, construction, reconstruction and functioning of objects of service on lands of road economy and soglasiya and approvals on objects of outdoor advertizing along highways public

List of amending documents

For the purpose of improvement of safety conditions of movement on automobile public roads, increases in efficiency of use of lands in road economy, essential improvement of quality and increase in the number of the services provided to participants of traffic, enhancement of system of issue of permissions to placement of objects of road service and outdoor advertizing along highways public and according to the Presidential decree of Ukraine of 01.06.2005 N 901 "About some measures for ensuring implementation of the state regulatory policy" with the Law of Ukraine "About highways" and the Regulations on Public service of highways of Ukraine approved by the Presidential decree of Ukraine of 19.01.2002 N 50 I ORDER:

1. Approve the Procedure for issue of permissions to placement, construction, reconstruction and functioning of objects of service on lands for road economy and soglasiya and approvals on objects of outdoor advertizing along highways public it (is applied).

2. To management of scientific and technical policy (Andreyev S. I.) in ten-day time after registration of this order in the Ministry of Justice of Ukraine to provide its replication.

3. To department of highways (Dankevich I. V.) in week time after replication to bring this order (with appendices) to the attention of heads of Services of highways in the Autonomous Republic of Crimea, areas and in Sevastopol.

4. To impose control over the implementation of this order on the vice-chairman Berezovsky M. V.

5. Declare invalid the order of Ukravtodor of 08.07.2003 N 314 "About approval of the Procedure for issue of permissions to placement, construction, reconstruction and functioning of objects of service and special designs on lands of road economy along highways public", registered by the Ministry of Justice of Ukraine 11.09.2003 for N 794/8115.

 

Approved by the Order of Public service of highways of Ukraine of September 29, 2005, No. 414

Procedure for issue of permissions to placement, construction, reconstruction and functioning of objects of service on lands of road economy and soglasiya and approvals on objects of outdoor advertizing along highways public

1. General provisions

1.1. In this Procedure the terms below are used in the following value:

the earth of road economy - the earth under the carriageway, roadside, road bed, decorative gardening, reserves, ditches, bridges, tunnels, traffic intersections, water throughput constructions, retaining walls and other road constructions and the equipment located within assignment strips, and also the lands which are outside assignment strips if on them the constructions providing functioning of highways are placed namely:

a) the parallel bypass roads, ferry crossings, snow protection constructions and plantings, antiavalanche and antimudstone constructions catching congresses;

b) platforms for the parking of transport and rest, the company and objects of service of road service;

c) houses (including residential) and constructions of road service with production bases;

d) protective plantings;

the land user of lands of road economy - Service of highways in the Autonomous Republic of Crimea, area and in Sevastopol (daleesluzhba);

the road and operational organizations - the companies (irrespective of pattern of ownership) performing repair and content of road objects (except railway crossings);

the statement (petition) - the appeal of legal entity or physical person - the subject of business activity with request for assistance of realization by the fixed Constitution of Ukraine and the current legislation of its rights and interests;

objects of service - stations and Items of maintenance, Items of sink of vehicles, maintenance Items (viewing platforms, etc.), filling and gas-filling stations, the roadside markets, Items of trade, food (construction of byto-trade appointment), including arranged by means of installation of small architectural forms parking of vehicles (the parking and the platform for short-term stop, the platform for rest, supervised parkings) and observation platforms, hotels, motels, campings, toilets;

the owner of object - subject of business activity which at discretion can own, use, dispose of the property belonging to it;

the site area - certain parcel of land on which object of service or advertizing means is placed;

entrance to object - specially constructed highway for entrance (departure) on the territory of object of service;

the passport of binding of object is documentary information which includes:

- the location and the sizes of the parcel of land under construction (placement) of object;

- availability of green plantings;

- the topographical plan of the section of the road in scale 1:500 (or the detailed scheme with indication of category of the road, assignment strip width) at distance of 200 m in both parties along the road from the site area with binding of crossings, adjunctions, transport and artificial constructions, route signs and marking, the directing devices and barriers, engineering networks, and also the existing objects of service and outdoor advertizing;

small architectural form - small construction for implementation of business activity of trade household purpose up to 30 sq.m and up to 4 m high which is carried out from the facilitated designs and is established temporarily without device of the bases deepened in soil;

portable object of service - small mobile construction which can be moved from one location on another;

outdoor advertizing - advertizing which is placed on the special temporary and stationary designs located on the open area, and also on the outside surfaces of houses, constructions, on elements of the street equipment over the carriageway of streets and roads;

special designs - advertizing media, namely: the temporary and stationary advertizing means (light and not light, land and not land (air), flat and volume stands, boards, panel, banners, trolls, plates, box, mechanical, dynamic, electronic boards, screens, panels, curbstones, difficult space designs, etc.) used for advertizing;

the subject of business activity - physical person or legal entity of any pattern of ownership, representation of the nonresident in Ukraine;

the distributor of advertizing - person performing advertizing distribution.

1.2. This Procedure is developed according to requirements of the Land code of Ukraine, the Laws of Ukraine "About traffic", "About highways", "About transport", "About advertizing", "About property", "About addresses of citizens", "About fundamentals of town-planning", the Presidential decree of Ukraine of 19.01.2002 N 50 "Questions of Public service of highways of Ukraine", the Presidential decree of Ukraine of 01.06.2005 N 901 "About some measures for ensuring implementation of the state regulatory policy", resolutions of the Cabinet of Ministers of Ukraine of 30.03.94 N 198 "About approval of Single rules of repair and content of highways, streets, railway crossings, instructions for use them and protection" (with changes and amendments) (further - Single rules), of 06.04.98 N 455 "About classification of highways and the list of highways of Ukraine of the state value" (with changes and amendments), of 18.08.94 N 567 "About measures for creation of safe conditions for long-distance and international carriages by road transport" (with changes and amendments), of 29.12.2003 N 2067 "About approval of Standard rules of placement of outdoor advertizing", of 22.01.96 N 115 "About approval of Storage precautions of vehicles on car parks", of 03.08.2005 N 710 "About approval of the State program of development of highways public for 2005-2010", of 22.09.2004 N 1243 "About the Procedure for acceptance in operation completed by construction of facilities" (further - the Procedure for acceptance in operation), DSTU 3587-97 "Traffic safety. Highways, streets and railway crossings. Requirements to operational condition", DBN B.2.3-4-2000 "Transport constructions. Highways", DBN 360-92 ** "Town-planning. Planning and building of residential and rural locations", GSTU 218-03450778.092-2002 "Traffic safety. Highways public. The project (scheme) of the organization of traffic on the highway", the Standard rules of placement of the small architectural forms for implementation of business activity approved by the order of the State Committee for Construction of Ukraine of 13.10.2000 N 227 and registered in the Ministry of Justice of Ukraine 27.10.2000 for N 755/4976 with changes and other regulatory legal acts.

1.3. Requirements of this Procedure extend to the objects (including entrances to them and departures from them) located fully or partially on lands of road economy or lands, adjacent to them, along highways public.

1.4. The procedure establishes the principles of relations between Public service of highways of Ukraine, Services of highways in the Autonomous Republic of Crimea, areas and in Sevastopol or other state companies, organizations and the organizations relating to the sphere of its management (further - Bodies) and persons using lands of road economy and regulates questions of expert inspection of the location of objects, preparation of reasons and the conclusions concerning issue of permissions to placement of objects, specifications, warrants for the right of performance of works, control of accomplishment of specifications and target use of sites on lands of road economy by subjects of business activity.

1.5. Provision in temporary use of the parcels of land along highways public is performed according to the current legislation.

In case of placement of object of service on the lands adjacent to lands of road economy, use of such lands for arrangement of entrances to objects and departures from them is performed by establishment of land easement.

1.6. The location of object on lands of road economy can be previously determined by Public service of highways of Ukraine, or the Body authorized by it relating to the sphere of its management taking into account development programs of roads, safety of traffic and ecological safety.

1.7. During the designing, construction, reconstruction and operation of objects of service, advertizing means the requirements provided by this Procedure and specifications and, in case of need, additional expert opinions concerning safety of traffic, reliability of designs and environmental protection shall be fulfilled.

1.8. Development of the design estimates (further - the design and estimate documentation) on construction, reconstruction and arrangement of objects of service, placement of advertizing means it shall be carried out by the specialized project organization having the corresponding license. For accomplishment of construction works the specialized organizations having the corresponding license are attracted.

At stage of development of the design and estimate documentation the subject of business activity (further - the Applicant) shall receive in security service of traffic of the Ministry of Internal Affairs of Ukraine specifications on observance of requirements for traffic safety. At the same time security service of traffic of the Ministry of Internal Affairs of Ukraine approves the design and estimate documentation and participates in acceptance of object in operation as a part of the State technical commission.

1.9. In case of project development (or schemes) the organization of traffic according to GSTU 218-03450778.092-2002 on sections of roads where objects are placed, should provide complex of obligatory actions for safety of traffic of transport, pedestrians, other users.

1.10. The owner of object of service has no right to change the object activity specified in permission. He bears responsibility for technical and sanitary condition of part of the highway on which transitional and high-speed strips to its object (if other is not provided by the contract with the road and operational organization), congresses, entrances and drives on the object are equipped.

1.11. In case of need changes of activity of object of service (complete or partial) the owner of object shall get new permission and specifications according to requirements of this Procedure taking into account specifics of functioning of object.

2. Issue of permissions to placement, construction and reconstruction of objects of service, soglasiya and approvals on placement of special designs and outdoor advertizing on lands of road economy along highways public

2.1. On lands of road economy along highways of the state value and territorial roads

- provides permissions to placement and construction of facilities of service (appendices 1 and 2),

- agrees to placement of special designs and outdoor advertizing on lands of road economy outside settlements (appendix 3),

- approves permissions to placement of outdoor advertizing within settlements (appendix 4),

- registers and cancels them.

Public service of highways of Ukraine.

On lands of road economy along highways of local value, except territorial, decisions are made by Services of highways in the Autonomous Republic of Crimea, areas and in Sevastopol (daleesluzhba).

On placement of portable object of service on lands of road economy along highways public make the decision and provide temporary permission of Service (appendix 5).

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