FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 14, 2015 No. 378-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences and separate legal acts of the Russian Federation

Accepted by the State Duma on December 4, 2015

Approved by the Federation Council on December 9, 2015

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 18, Art. 1721; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2717; No. 46, Art. 4434, 4440; No. 50, Art. 4847; 2004, No. 31, Art. 3229; No. 34, Art. 3533; No. 44, Art. 4266; 2005, No. 1, Art. 13, 40; No. 13, Art. 1077; No. 30, Art. 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4; No. 2, Art. 172; No. 6, Art. 636; No. 19, Art. 2066; No. 31, Art. 3420; No. 45, Art. 4641; No. 50, Art. 5281; No. 52, Art. 5498; 2007, No. 1, Art. 29; No. 15, Art. 1743; No. 16, Art. 1825; No. 26, Art. 3089; No. 31, Art. 4007; No. 41, Art. 4845; 2008, No. 20, Art. 2259; \Art. U-2116\52, 6227, 6235, 6236; 2009, No. 23, Art. 2776; No. 26, Art. 3132; No. 29, Art. 3597; No. 45, Art. 5267; No. 52, Art. 6406; 2010, No. 1, Art. 1; No. 19, Art. 2291; No. 30, Art. 4006; No. 31, Art. 4164, 4192, 4193; 2011, No. 1, Art. 10, 23; No. 7, Art. 901; No. 15, Art. 2041; No. 17, Art. 2310; No. 19, Art. 2714; No. 27, Art. 3873, 3881; No. 29, Art. 4298; No. 30, Art. 4573, 4574, 4585, 4601; No. 47, Art. 6602; No. 50, Art. 7362; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 15, Art. 1724; No. 18, Art. 2126, 2128; No. 24, Art. 3082; No. 25, Art. 3268; No. 29, Art. 3996; No. 31, Art. 4320; No. 47, Art. 6403, 6404, 6405; No. 53, Art. 7577, 7602; 2013, No. 14, Art. 1651, 1657, 1666; No. 19, Art. 2319, 2323, 2325; No. 26, Art. 3207, 3208, 3209; No. 27, Art. 3469, 3477; No. 30, Art. 4025, 4029, 4031, 4040; No. 31, Art. 4191; No. 43, Art. 5444; No. 44, Art. 5624; No. 48, Art. 6163; No. 49, Art. 6343; No. 51, Art. 6683, 6685, 6696; No. 52, Art. 6948, 6961, 6994, 6999; 2014, No. 6, Art. 557, 566; No. 11, Art. 1096; No. 19, Art. 2302, 2317, 2335; No. 26, Art. 3366; No. 30, Art. 4211, 4214, 4218, 4228, 4256, 4259, 4264; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6643, 6651; No. 52, Art. 7548; 2015, No. 1, Art. 35, 67, 74, 81, 83, 85; No. 10, Art. 1405, 1416, 1427; No. 21, Art. 2981; No. 24, Art. 3370; No. 27, Art. 3950; No. 29, Art. 4346, 4354, 4374, 4391; No. 45, Art. 6208; Russian newspaper, 2015, on November 30) following changes:

1) paragraph one of part 1 of Article 3.5 after words "provided by Articles 7. 7.2," to add 1, with figures "12.21. 3,";

Article 12.21.3 to state 2) in the following edition:

"Article 12.21.3. Non-compliance with requirements of the legislation of the Russian Federation on introduction of payment on account of the indemnification caused to highways public of federal importance by the vehicles having the permitted maximum weight over 12 tons

1. Movement of the vehicle having the permitted maximum weight over 12 tons on highways public of federal importance without introduction of payment on account of the indemnification caused to highways public of federal importance by such vehicle if introduction of such payment is obligatory, -

attracts imposing of administrative penalty on the transport drivers belonging to foreign carriers and on owners (owners) of vehicles, except for the vehicles belonging to foreign carriers in the amount of five thousand rubles.

2. Repeated making of the administrative offense provided by part of 1 this Article -

attracts imposing of administrative penalty on the transport drivers belonging to foreign carriers and on owners (owners) of vehicles, except for the vehicles belonging to foreign carriers in the amount of ten thousand rubles.

Notes:

1. Person who made the administrative offense provided by part 1 or 2 of this Article in case of entrance on the territory of the Russian Federation is exempted from the administrative responsibility if at the time of consideration of the case about the specified administrative offense extent actually passed by the vehicle without introduction of payment of distance constituted no more than fifty kilometers after crossing of Frontier of the Russian Federation and if the payment on account of the indemnification caused to highways public of federal importance by such vehicle is brought in accordance with the established procedure.

2. The owner (owner) of the vehicle specified regarding 1 this Article if the administrative offense provided by part 1 or 2 of this Article was fixed by the special technical means working in the automatic mode having functions photo and filmings, videos or means photo and filmings, videos two and more times within a day in relation to each vehicle after the moment of the first fixing of such administrative offense, is not brought to the administrative responsibility for the second and the subsequent cases within a day when such administrative offense was fixed.";

3) in Article 23.3:

a) in part 2:

"part 1 of Article 20.20" to add Item 3 after words with words ", Article 20.21";

to add Item 9 after figures "20.1" with words ", parts 1 and 2 of Article 20. 20, Article 20.21";

b) regarding 3 words of "two thousand" shall be replaced with words "five thousand";

4) in Article 23.36:

a) part 1 after words "Article 12.21. 2," to add with words "Article 12.21.3 (in the part concerning the vehicles belonging to foreign carriers, owners (owners) of vehicles (except as specified fixings of administrative offense the special technical means working in the automatic mode having functions photo and filmings, videos or means photo and filmings, videos),";

b) Item 1 of part 2 after words "Article 12.21. 2," to add with words "Article 12.21.3 (in the part concerning the vehicles belonging to foreign carriers, owners (owners) of vehicles (except as specified fixings of administrative offense the special technical means working in the automatic mode having functions photo and filmings, videos or means photo and filmings, videos),";

To add 5) regarding 1 Article 27.13 with the new third offer of the following content: "In case of making of administrative offense, concerning the vehicles belonging to foreign carriers, owners (owners) of vehicles, detention of the vehicle by the termination of movement by means of interlocks is applied by stipulated in Article 12.9, parts 6 and 7 of Article 12.16 and Article 12.21.3 of this Code before payment of administrative penalty.", "the offenses provided by Articles 11.26 and 11.29" shall be replaced with words words "the offenses provided by Articles 11. 26, 11.29, 12.9, parts 6 and 7 of Article 12. 16, Article 12.21.3";

6) regarding 3rd Article 31.5 of the word "Articles 11. 11.29" shall be replaced with words 26, "Articles 11. 26, 11.29, 12.9, parts 6 and 7 of Article 12. 16, Article 12.21.3";

"Article 11.26 or 11.29" shall be replaced with words 7) regarding 1.2 Articles 32.2 of the word "Articles 11. 26, 11.29, 12.9, parts 6 and 7 of Article 12. 16, Article 12.21.3".

Article 2

In paragraph one of item 4 of article 11 of the Federal Law of July 24, 1998 No. 127-FZ "About the state control of implementation of the international motor transportations and about responsibility for violation of procedure for their accomplishment" (The Russian Federation Code, 1998, No. 31, Art. 3805; 2007, No. 1, Art. 29; 2011, No. 1, Art. 6; No. 30, Art. 4590; 2012, No. 15, Art. 1724; 2014, No. 48, of the Art. 6643) of the word "and legislations of the Russian Federation in the field of transport" shall be replaced with words ", legislations of the Russian Federation on introduction of payment on account of the indemnification caused to highways public of federal importance by the vehicles having the permitted maximum weight over 12 tons, and legislations of the Russian Federation in the field of transport".

Article 3

Bring in article 31.1 of the Federal Law of November 8, 2007 No. 257-FZ "About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2007, No. 46, Art. 5553; 2011, No. 15, Art. 2041) following changes:

1) part 2 to recognize invalid;

Part 3 to state 2) in the following edition:

"3. For the purpose of this Article the permitted maximum mass of the vehicle specified regarding 1 this Article is understood as the mass of the equipped vehicle in kilograms with load, the driver and passengers specified in the passport of the vehicle (the registration certificate of the vehicle) as the most admissible or in approval like the vehicle or in the safety construction certificate of the vehicle.";

Part 4 to state 3) in the following edition:

"4. For the purpose of this Article the articulated vehicle including trail car or semitrailer truck is recognized the single vehicle.";

"Owners of vehicles" shall be replaced with words 4) in part 6 of the word "owners (owners) of vehicles, and concerning the vehicles belonging to foreign carriers, drivers if such payment is not brought by owners of the corresponding vehicles";

To add 5) with part 6.1 following of content:

"6.1. The payment on account of the indemnification caused by the vehicle recognized by the single vehicle according to part 4 of this Article is brought by the owner (owner) of the motorized vehicle which is its part. Concerning the vehicles belonging to foreign carriers and recognized by single vehicles according to part 4 of this Article, the specified payment is brought by drivers if it is not brought by owners of such vehicles.";

In paragraph one of part 7 of the word "From Payment" shall be replaced with words 6) "From introduction of payment";

Part 8 to state 7) in the following edition:

"8. The amount of payment on account of the indemnification caused to highways by the vehicles having the permitted maximum weight over 12 tons, and procedure for its collection are established by the Government of the Russian Federation. The specified procedure shall include including regulations on terms of introduction of such payment, possibility of delay of its introduction by the Russian carriers, owners (owners) of the vehicles equipped with the onboard devices or third-party onboard devices intended for collection of payment, and also the requirement to such onboard devices and third-party onboard devices.";

8) to add with part 9 of the following content:

"9. Procedure for transfer in the income of the federal budget of payment on account of the indemnification caused to highways public of federal importance by the vehicles having the permitted maximum weight over 12 tons, procedure for return to the owner (owner) for the vehicle of the money which is not listed or which is excessively listed in the income of the federal budget for the purpose of execution of provisions of this Article, procedure for information exchange of the owner (owner) for the vehicle including registered in the territory of foreign state, and the operator of system of collection of such payment, and also the instruction for use technically and technologically connected objects providing collection of payment are established by the Government of the Russian Federation.".

Article 4

The paragraph the fourth Item 3 of article 3 of the Federal Law of April 6, 2011 No. 68-FZ "About modification of the Budget code of the Russian Federation and separate legal acts of the Russian Federation" (The Russian Federation Code, 2011, No. 15, the Art. 2041) to declare invalid.

Article 5

1. This Federal Law becomes effective from the date of its official publication, except for provisions for which this Article establishes other terms of their introduction in force.

2. Item 1 of article 1 of this Federal Law becomes effective since January 1, 2016.

3. Item 7 of article 3 of this Federal Law becomes effective since April 15, 2016.

4. Item 8 of article 3 of this Federal Law becomes effective since November 15, 2016.

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