Arbitration Court of the Republic of Altai. Legislative framework of the Russian Federation Decree 934 on compensation for harm

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On compensation for damage caused by vehicles transporting heavy goods highways Russian Federation

Document as amended by:
(Collected Legislation of the Russian Federation, No. 17, 04/25/2011);
(as amended) (Official Internet portal legal information www.pravo.gov.ru, January 13, 2014) (effective from July 1, 2015).
____________________________________________________________________

In accordance with Parts 8 and 9 of Article 31 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" The Government of the Russian Federation

decides:

1. Approve the attached Rules for compensation for damage caused by vehicles carrying heavy loads.

2. Determine the amount of damage caused by vehicles carrying heavy loads during the movement of such Vehicle on federal highways in accordance with the indicators according to the appendix.

3. Establish that the implementation of the powers established in accordance with this resolution is carried out by the Federal Highway Agency within the limits of the maximum number of employees of the central office of the Agency established by the Government of the Russian Federation and the budgetary allocations of the federal budget provided for by the Agency for management and management in the field of established functions.

4. Recognize as invalid:

Decree of the Government of the Russian Federation of September 26, 1995 N 962 "On the collection of fees from owners or users of motor vehicles carrying heavy loads when traveling on public roads" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 40, Art. 3817);

Decree of the Government of the Russian Federation of October 14, 1996 N 1211 "On the establishment of temporary rates for the carriage of heavy goods on federal highways and the use of funds received from the collection of this fee" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 43, Art. 4924) ;

paragraphs 8 and 12 of the amendments and additions that are made to the decisions of the Government of the Russian Federation on road service issues, approved by Decree of the Government of the Russian Federation of December 1, 1997 N 1513 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, N 49, Art. 5601);

clauses 9 and 13 of the amendments that are made to the decisions of the Government of the Russian Federation on road issues, approved by Decree of the Government of the Russian Federation of February 2, 2000 N 100 (Collected Legislation of the Russian Federation, 2000, N 6, Art. 776).

Prime Minister
Russian Federation
V.Putin

Rules for compensation for damage caused by vehicles carrying heavy loads

APPROVED
Government Decree
Russian Federation
dated November 16, 2009 N 934

1. These Rules establish the procedure for compensation by the owners of vehicles transporting heavy loads on roads in the Russian Federation (hereinafter referred to as vehicles, roads, respectively) for damage caused to roads by vehicles, as well as the procedure for determining the amount of such damage.

For the purposes of these Rules, a vehicle carrying heavy loads means a vehicle, including a specialized and special vehicle, or a combination of vehicles (road train), the mass of which, with or without cargo, exceeds the permissible masses of vehicles and (or) permissible axial loads set:
Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by the Decree of the Government of the Russian Federation))

Rules for the carriage of goods by road, approved by Decree of the Government of the Russian Federation of April 15, 2011 N 272 "On approval of the Rules for the carriage of goods by road";
(The paragraph is additionally included from July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590))

a decision to temporarily restrict the movement of vehicles on roads;
(The paragraph is additionally included from July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590))

prohibitory road signs 3.11 "Weight limit" and (or) 3.12 "Weight limit per vehicle axle".
(The paragraph is additionally included from July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590))

2. Damage caused to motor roads by vehicles (hereinafter referred to as damage) is subject to compensation by the owners of vehicles.

Payment for damages is made when a special permit for the movement of vehicles is issued.

3. The implementation of the calculation, calculation and collection of fees on account of compensation for harm is organized by the Federal Road Agency, executive authorities of the constituent entities of the Russian Federation, local governments, owners of private roads in relation to sections of federal roads, sections of roads of regional or intermunicipal significance, respectively, sections of motor roads of local importance, sections of private motor roads along which the route of the vehicle passes.

The procedure for the interaction of these bodies and persons on the issues of calculation, calculation and collection of fees on account of compensation for harm is established by the Ministry of Transport of the Russian Federation when determining the procedure for issuing a special permit for the movement of a vehicle on motor roads.

Payment for damages is calculated free of charge.

4. The amount of payment for damages calculated in relation to each section of the road along which the route of a particular vehicle passes, is brought to the attention of the owner of the vehicle by the body issuing a special permit for the movement of vehicles.

5. The amount of payment for compensation for damage is determined in the manner prescribed by the methodology for calculating the amount of damage caused by vehicles carrying heavy cargo, according to the appendix and is calculated depending on:
Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590).

a) exceeding the established rules for the carriage of goods by car, approved by the Government of the Russian Federation, prohibiting road signs 3.11 "Weight limit" and (or) 3.12 "Weight limit per vehicle axle" or a decision to temporarily restrict the movement of vehicles, adopted in the manner prescribed by Part 2 of Article 30 of the Federal Law " On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation ", meanings:
(The paragraph was supplemented by Decree of the Government of the Russian Federation of April 16, 2011 N 282; as amended by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014) year N 1590).

permissible weight of the vehicle;
(Paragraph as amended, put into effect on July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590).

permissible axial loads of the vehicle;
(Paragraph as amended, put into effect on July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590).

b) the amount of damage determined, respectively, for motor roads of federal significance, motor roads of regional or intermunicipal significance, motor roads of local significance, private motor roads;

c) the length of sections of motor roads of federal significance, sections of motor roads of regional or intermunicipal significance, sections of motor roads of local significance, sections of private motor roads along which the route of the vehicle passes;

d) the basic compensation index of the current year.

6. The amount of payment in respect of compensation for harm is calculated in relation to each section of the highway along which the route of the vehicle passes, according to following formula:

The amount of payment for compensation for damage to a section of the road (rubles);

The amount of damage in case of exceeding the permissible mass of the vehicle, determined, respectively, for federal highways, regional or intermunicipal roads, local roads, private roads (rubles per 100 kilometers);
(Paragraph as amended, put into effect on July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590).

.
(Paragraph as amended, put into effect on July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590).

i - the number of vehicle axles for which there is an excess of permissible axle loads;
(Paragraph as amended, put into effect on July 1, 2015 by Decree of the Government of the Russian Federation of January 9, 2014 N 12 (as amended by Decree of the Government of the Russian Federation of December 27, 2014 N 1590).

S is the length of the road section (hundreds of kilometers);

The base compensation index of the current year, calculated according to the following formula:

The base compensation index of the previous year (the base compensation index of 2008 is assumed to be

- index-deflator of investments in fixed assets from all sources of financing in terms of major repairs and repairs of roads for the next fiscal year, developed to predict socio-economic development and taken into account when forming the federal budget for the corresponding financial year and planning period

7. The total amount of payment for compensation for harm is determined as the sum of payments for compensation for damage, calculated in relation to each section of highways along which the route of the vehicle passes.

8. Funds received as payments for damages shall be credited to the income of the federal budget, the budget of a constituent entity of the Russian Federation, local budgets, the owner of private highways, unless otherwise provided by the legislation of the Russian Federation.

9. The decision on the return of overpaid (collected) payments in compensation for harm, transferred to the income of the federal budget, the budget of the constituent entity of the Russian Federation, local budgets, is made within 7 days from the date of receipt of the payer's application.

The said funds shall be returned in accordance with the procedure established by the Ministry of Finance of the Russian Federation.

The decision on the return of these funds by the owners of private roads is made within 7 days from the date of receipt of the payer's application.

Appendix to the Rules. Methodology for calculating the amount of damage caused by vehicles carrying heavy loads

Application
to the Indemnification Rules,
caused by transport
means of
heavy cargo transportation
(Additionally included from July 1, 2015
Government Decree
Russian Federation
dated January 9, 2014 N 12
(as amended by
Government Decree
Russian Federation
dated December 27, 2014 N 1590))

Methodology for calculating the amount of damage caused by vehicles carrying heavy loads

1. This methodology determines the procedure for calculating the amount of damage caused by vehicles carrying heavy loads (hereinafter referred to as vehicles).

2. When determining the amount of damage caused by vehicles, the following shall be taken into account:

the value of exceeding the values of permissible axial loads and the mass of the vehicle, including during the period of introduction of temporary restrictions on movement on highways;

type of pavement;

the location of the highway on the territory of the Russian Federation;

the importance of the road.

3. The amount of damage caused by vehicles, when the values of permissible axial loads on one axle () are exceeded, is calculated by the formulas:

(for roads with capital and lightweight clothing),

(for roads with transitional clothing),

where:

- coefficient taking into account the conditions of road-climatic zones, given in table 2;

- coefficient taking into account natural and climatic conditions. It is taken equal to one under adverse natural and climatic conditions, the rest of the time it is taken equal to 0.35;

- the initial value of the amount of damage caused by vehicles, when the permissible axial loads for the highway are exceeded by 5 percent, given in table 1;

- the value of the excess of the actual axial load over the allowable for the highway, tons / axle;

- normative (calculated) axial load for the highway, tons/axle;

a, b - constant coefficients given in table 1.

4. The amount of damage caused by vehicles, when the values of the permissible mass for every 100 kilometers () are exceeded, is determined by the formula:

where:

- coefficient taking into account the relative cost of performing major repairs and repairs, depending on the location of the highway in the territory of the Russian Federation, given in table 2;

- the coefficient of influence of the mass of the vehicle, depending on the location of the highway on the territory of the Russian Federation, given in table 2;

c, d - constant coefficients given in table 1;

- the amount of excess of the actual mass of the vehicle over the permissible, percent.

Table 1


Normative (calculated) axle load, tons/axle		RUB/100 km	Constant odds




Note.	The parameters given in Table 1 are intended for highways common use federal significance. The initial value of the amount of damage caused by vehicles, when the permissible axial loads for a highway are exceeded by 5 percent, and constant coefficients for regional or intermunicipal and municipal highways are established by the authorities state power subjects of the Russian Federation and local governments, respectively.

table 2


Federal District of the Russian Federation
	for federal roads	for roads of regional, intermunicipal, local significance and private roads
Central
Northwestern

Volga
Ural
Siberian
Far Eastern
North Caucasian
Crimean

Application. Indicators of the amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways

Application
to the decision of the Government
Russian Federation
dated November 16, 2009 N 934

(As edited by
put into effect
from July 1, 2015
Government Decree
Russian Federation
dated January 9, 2014 N 12
(as amended by
Government Decree
Russian Federation
dated December 27, 2014 N 1590). -
See previous edition)

Indicators of the amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways

Table 1. The amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways, designed for an axle load of 10 tons / axle, ...

Table 1

The amount of damage caused by vehicles carrying heavy loads, when such vehicles are moving along federal highways, designed for an axle load of 10 tons / axle, from exceeding the permissible axle loads on each axle of the vehicle


(rubles per 100 km)
Excess	federal district
	Cent- ral- ny	North- West- ny	Privol- zhsky	Ural- sky	Siberia sky	Far- east- ny	North- Caucasus- sky	Crimea- sky

Over 10 to 20
Over 20 to 30
Over 30 to 40
Over 40 to 50
Over 50 to 60

Note.

Table 2. The amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways, designed for an axle load of 11.5 tons / axle, ...

table 2

The amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways, designed for an axle load of 11.5 tons / axle, from exceeding the permissible axle loads on each axle of the vehicle


(rubles per 100 km)
Excess	federal district
permissible axial loads on the vehicle axle (percentage)	Cent- ral- ny	North- West- ny	Privol- zhsky	Ural- sky	Siberia sky	Far- east- ny	North- Caucasus- sky	Crimea- sky

Over 10 to 20
Over 20 to 30
Over 30 to 40
Over 40 to 50
Over 50 to 60
	is calculated according to the formulas given in the methodology for calculating the amount of damage caused by vehicles transporting heavy cargo, provided for in the annex to the Rules for compensation for damage caused by vehicles transporting heavy cargo
Note.	During the period of temporary restrictions on the movement of vehicles on roads due to adverse climatic conditions, the values of the amount of damage established in this table increase by 2.9 times.

Table 3. The amount of damage caused by vehicles carrying heavy loads, when such vehicles move along federal highways, from exceeding the allowable for a highway ...

Table 3

The amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways from exceeding the mass of the vehicle allowed for the highway


(rubles per 100 km)
Excess	federal district
allowable weight (percent)	Cent- ral- ny	North- West- ny	Privol- zhsky	Ural- sky	Siberia sky	Far- east- ny	North- Caucasus- sky	Crimea- sky

Over 10 to 20
Over 20 to 30
Over 30 to 40
Over 40 to 50
Over 50 to 60
	is calculated according to the formulas given in the methodology for calculating the amount of damage caused by vehicles transporting heavy cargo, provided for in the annex to the Rules for compensation for damage caused by vehicles transporting heavy cargo
Note.	When determining the amount of damage according to Table 3 for roads of regional, intermunicipal, local significance and private roads, the value of the amount of damage should be multiplied by the coefficient K, the values of which are given in Table 4.

Table 4


federal district	K factor
Central
Northwestern

Volga
Ural
Siberian
Far Eastern

GOVERNMENT OF THE RUSSIAN FEDERATION

ON COMPENSATION FOR DAMAGES,
CAUSED BY VEHICLES CARRYING OUT
TRANSPORTATION OF HEAVY LOADS BY ROADS
RUSSIAN FEDERATION

In accordance with parts 8 and 9 of Article 31 federal law"On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" The Government of the Russian Federation decides:
1. Approve the attached Rules for compensation for damage caused by vehicles carrying heavy loads.
2. Determine the amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways in accordance with the indicators according to the appendix.
3. Establish that the implementation of the powers established in accordance with this Decree is carried out by the Federal Highway Agency within the limits established by the Government of the Russian Federation of the maximum number of employees of the central office of the Agency and the budgetary allocations of the federal budget provided for by the Agency for management and management in the field of established functions.
4. Recognize as invalid:
Decree of the Government of the Russian Federation of September 26, 1995 N 962 "On the collection of fees from owners or users of motor vehicles carrying heavy loads when traveling on public roads" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 40, Art. 3817) ;
Decree of the Government of the Russian Federation of October 14, 1996 N 1211 "On the establishment of temporary rates for the carriage of heavy goods on federal roads and the use of funds received from the collection of this fee" (Collected Legislation of the Russian Federation, 1996, N 43, Art. 4924 );
paragraphs 8 and 12 of the amendments and additions that are made to the decisions of the Government of the Russian Federation on road service issues, approved by Decree of the Government of the Russian Federation of December 1, 1997 N 1513 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, N 49, Art. 5601);
clauses 9 and 13 of the amendments that are made to the decisions of the Government of the Russian Federation on road issues, approved by Decree of the Government of the Russian Federation of February 2, 2000 N 100 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2000, N 6, Art. 776).

Prime Minister
Russian Federation
V. PUTIN

Approved
Government Decree
Russian Federation
dated November 16, 2009 N 934

REGULATIONS
COMPENSATION FOR DAMAGE CAUSED BY VEHICLES,
CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS

(as amended by Decree of the Government of the Russian Federation of April 16, 2011 N 282)

Pages: 1 ...

Active Edition from 16.11.2009

Document name	Decree of the Government of the Russian Federation of November 16, 2009 N 934 "ON COMPENSATION FOR DAMAGE CAUSED BY VEHICLES CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS ON THE ROADS OF THE RUSSIAN FEDERATION"
Type of document	decree, rules
Host body	Russian government
Document Number	934
Acceptance date	02.12.2009
Revision date	16.11.2009
Date of registration in the Ministry of Justice	01.01.1970
Status	valid
Publication	document in in electronic format FAPSI, STC "System" "Rossiyskaya Gazeta", N 221, 11/24/2009 "Collection of Legislation of the Russian Federation", N 47, 11/23/2009, art. 5673
Navigator	Notes

Decree of the Government of the Russian Federation of November 16, 2009 N 934 "ON COMPENSATION FOR DAMAGE CAUSED BY VEHICLES CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS ON THE ROADS OF THE RUSSIAN FEDERATION"

Decree

1. Approve the attached Rules for compensation for damage caused by vehicles carrying heavy loads.

2. Determine the amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways in accordance with the indicators according to the appendix.

4. Recognize as invalid:

dated September 26, 1995 N 962 "On the collection of fees from owners or users of motor vehicles carrying heavy loads when traveling on public roads" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1995, N 40, art. 3817);

paragraphs and amendments and additions that are made to the decisions of the Government of the Russian Federation on road service issues, approved by Decree of the Government of the Russian Federation of December 1, 1997 N 1513 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, N 49, Art. 5601);

clauses and changes that are made to the decisions of the Government of the Russian Federation on issues of the road sector, approved by Decree of the Government of the Russian Federation of February 2, 2000 N 100 (Collected Legislation of the Russian Federation, 2000, N 6, Art. 776).

Prime Minister
Russian Federation
V. PUTIN

APPROVED
Government Decree
Russian Federation
November 16, 2009
No. 934

RULES FOR COMPENSATION FOR DAMAGE CAUSED BY VEHICLES CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS

2. Damage caused to motor roads by vehicles (hereinafter referred to as damage) is subject to compensation by the owners of vehicles.

Payment for damages is made when a special permit for the movement of vehicles is issued.

Payment for damages is calculated free of charge.

5. The amount of payment for damages is determined depending on:

a) exceeding the values established by the rules for the carriage of goods by road, approved by the Government of the Russian Federation:

the maximum permissible weight of the vehicle;

maximum permissible axial loads of the vehicle;

d) the basic compensation index of the current year.

6. The amount of payment in respect of compensation for harm is calculated in relation to each section of the road along which the route of the vehicle passes, according to the following formula:

P_r \u003d [R_pm + (R_pom1 + R_pom2 + .... + R_pomi)] x S x T_tg,

P_r - the amount of payment for compensation for damage to a section of the highway (rubles);

R_pm - the amount of damage in case of exceeding the value of the maximum permissible mass of the vehicle, determined respectively for federal highways, regional or intermunicipal roads, local roads, private roads (rubles per 100 kilometers);

P_pom1 , P_pom2 , ... P_pomi - the amount of damage in case of exceeding the values of the maximum permissible axle loads on each axle of the vehicle, determined respectively for federal highways, regional or intermunicipal roads, local roads, private roads (rubles per 100 kilometers);

i - the number of axles of the vehicle, on which there is an excess of the maximum permissible axle loads;

S is the length of the road section (hundreds of kilometers);

T - basic compensation index of the current year,

tg calculated according to the following formula:

T_tg \u003d T_pg x I_tg,

Т_пг - basic compensatory index of the previous year (basic compensatory index of 2008 is taken equal to 1, Т_2008 = 1);

I_tg - deflator index of investments in fixed capital from all sources of financing in terms of major repairs and repairs of roads for the next financial year, developed to predict socio-economic development and taken into account when forming the federal budget for the corresponding financial year and planning period.

8. Funds received as payments to compensate for harm shall be credited to the income of the federal budget, the budget of a subject of the Russian Federation, local budgets, the owner of private highways, unless otherwise established by the legislation of the Russian Federation.

The said funds shall be returned in accordance with the procedure established by the Ministry of Finance of the Russian Federation.

The decision on the return of these funds by the owners of private roads is made within 7 days from the date of receipt of the payer's application.

Application

APPENDIX
to the decision of the Government
Russian Federation
November 16, 2009
No. 934

INDICATORS OF THE AMOUNT OF DAMAGE CAUSED BY VEHICLES CARRYING OUT TRANSPORTATION OF HEAVY LOADS DURING THE MOVEMENT OF SUCH VEHICLES ON FEDERAL ROADS

Table 1

The amount of damage in case of exceeding the value of the maximum permissible mass of the vehicle

Exceeding the maximum permissible vehicle weight (tonnes)
Up to 5	240
Over 5 to 7	285
Over 7 to 10	395
Over 10 to 15	550
Over 15 to 20	760
Over 20 to 25	1035
Over 25 to 30	1365
Over 30 to 35	1730
Over 35 to 40	2155
Over 40 to 45	2670
Over 45 to 50	3255
Over 50	by separate calculation<*>

<*>The calculation of the amount of damage is carried out using the method of mathematical extrapolation of the values of the amount of damage when the value of the maximum permissible mass of the vehicle is exceeded.

table 2

The amount of damage in case of exceeding the values of the maximum permissible axle loads on each axle of the vehicle

Exceeding the maximum permissible axle loads on the vehicle axle (percentage)	The amount of damage (rubles per 100 km)	The amount of damage during the period of temporary restrictions due to adverse natural and climatic conditions (rubles per 100 km)
To 10	925	5260
Over 10 to 20	1120	7710
Over 20 to 30	2000	10960
Over 30 to 40	3125	15190
Over 40 to 50	4105	21260
Over 50 to 60	5215	27330
Over 60	by separate calculation<*>

<*>The calculation of the amount of damage is carried out using the method of mathematical extrapolation of the values of the amount of damage when the values of the maximum permissible axial loads for each axle of the vehicle are exceeded.

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GOVERNMENT OF THE RUSSIAN FEDERATION

ON COMPENSATION FOR DAMAGES,

TRANSPORTATION OF HEAVY LOADS BY ROADS
RUSSIAN FEDERATION

1. Approve the attached Rules for compensation for damage caused by vehicles carrying heavy loads.

2. Determine the amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways in accordance with the indicators according to the appendix.

3. Establish that the implementation of the powers established in accordance with this Decree is carried out by the Federal Highway Agency within the limits established by the Government of the Russian Federation of the maximum number of employees of the central office of the Agency and the budgetary allocations of the federal budget provided for by the Agency for management and management in the field of established functions.

4. Recognize as invalid:

Decree of the Government of the Russian Federation of October 14, 1996 N 1211 "On the establishment of temporary rates for the carriage of heavy goods on federal roads and the use of funds received from the collection of this fee" (Collected Legislation of the Russian Federation, 1996, N 43, Art. 4924 );

clauses 9 and 13 of the amendments that are made to the decisions of the Government of the Russian Federation on road issues, approved by Decree of the Government of the Russian Federation of February 2, 2000 N 100 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2000, N 6, Art. 776).

Prime Minister
Russian Federation
V. PUTIN

Approved
Government Decree
Russian Federation
dated November 16, 2009 N 934

REGULATIONS
COMPENSATION FOR DAMAGE CAUSED BY VEHICLES,
CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS

(as amended by Decrees of the Government of the Russian Federation of April 16, 2011 N 282,
dated 01/09/2014 N 12 (as amended on 12/27/2014))

For the purposes of these Rules, a vehicle carrying heavy loads means a vehicle, including a specialized and special vehicle, or a combination of vehicles (road train), the mass of which, with or without cargo, exceeds the permissible masses of vehicles and (or) permissible axial loads set:

Rules for the carriage of goods by road, approved by the Decree of the Government of the Russian Federation of April 15, 2011 N 272 "On approval of the Rules for the carriage of goods by road";
(the paragraph was introduced by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

a decision to temporarily restrict the movement of vehicles on roads;
(the paragraph was introduced by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

prohibitory road signs 3.11 "Weight limit" and (or) 3.12 "Weight limit per vehicle axle".
(the paragraph was introduced by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

2. Damage caused to motor roads by vehicles (hereinafter referred to as damage) is subject to compensation by the owners of vehicles.

Payment for damages is made when a special permit for the movement of vehicles is issued.

Payment for damages is calculated free of charge.

a) exceeding the established rules for the carriage of goods by road, approved by the Government of the Russian Federation, prohibiting road signs 3.11 "Weight limit" and (or) 3.12 "Weight limit per vehicle axle" or a decision to temporarily restrict the movement of vehicles, taken in accordance with the procedure , provided for by Part 2 of Article 30 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", meanings:
(as amended by Decrees of the Government of the Russian Federation of April 16, 2011 N 282, of January 9, 2014 N 12 (as amended on December 27, 2014))

permissible weight of the vehicle;
(as amended by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

permissible axial loads of the vehicle;
(as amended by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

d) the basic compensation index of the current year.

6. The amount of payment in respect of compensation for harm is calculated in relation to each section of the road along which the route of the vehicle passes, according to the following formula:

P r \u003d [R pm + (R pom1 + R pom2 + ... + P pomi)] x S x T tg,

P r - the amount of payment for compensation for damage to a section of the road (rubles);

R pm - the amount of damage when the value of the permissible mass of the vehicle is exceeded, determined respectively for federal highways, regional or intermunicipal roads, local roads, private roads (rubles per 100 kilometers);
(as amended by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

R pom1 , R pom2 , ... P pomi - the amount of damage in case of exceeding the values of permissible axial loads on each axle of the vehicle, determined respectively for federal highways, regional or intermunicipal roads, local roads, private highways ( rubles per 100 kilometers);
(as amended by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

i - the number of vehicle axles for which there is an excess of permissible axle loads;
(as amended by Decree of the Government of the Russian Federation of 01/09/2014 N 12 (as amended on 12/27/2014))

S is the length of the road section (hundreds of kilometers);

Т tg - the basic compensation index of the current year, calculated according to the following formula:

T tg \u003d T pg x I tg,

Т pg - the basic compensation index of the previous year (the basic compensation index of 2008 is taken equal to 1, T 2008 = 1);

I tg - deflator index of investments in fixed capital from all sources of financing in terms of major repairs and repairs of roads for the next financial year, developed to predict socio-economic development and taken into account when forming the federal budget for the corresponding financial year and planning period.

The said funds shall be returned in accordance with the procedure established by the Ministry of Finance of the Russian Federation.

The decision on the return of these funds by the owners of private roads is made within 7 days from the date of receipt of the payer's application.

Application
to the Indemnification Rules,
caused by vehicles
transporting
heavy cargo

METHODOLOGY
CALCULATION OF THE AMOUNT OF DAMAGE CAUSED BY TRANSPORT
FACILITIES CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS

(introduced by Decree of the Government of the Russian Federation of 09.01.2014 N 12
(rev. 12/27/2014))

1. This methodology determines the procedure for calculating the amount of damage caused by vehicles carrying heavy loads (hereinafter referred to as vehicles).

2. When determining the amount of damage caused by vehicles, the following shall be taken into account:

the value of exceeding the values of permissible axial loads and the mass of the vehicle, including during the period of introduction of temporary restrictions on movement on highways;

type of pavement;

the location of the highway on the territory of the Russian Federation;

the importance of the road.

3. The amount of damage caused by vehicles, in case of exceeding the values of permissible axial loads on one axle (Rpoi) is calculated by the formulas:

Rpomi \u003d Kdkz x Kcap.rem. x Xez. x Fig. x (1 + 0.2 x Pos 1.92 x (a / H - b)) (for roads with capital and lightweight pavement),

Rpomi = Kcap.rem. x Xez. x Fig. x (1 + 0.14 x Pos 1.24 x (a / H - b)) (for roads with transitional clothing),

Kdkz - coefficient taking into account the conditions of road-climatic zones, given in table 2;

Ksez. - coefficient taking into account natural and climatic conditions. It is taken equal to one under adverse natural and climatic conditions, the rest of the time it is taken equal to 0.35;

Fig. - the initial value of the amount of damage caused by vehicles, when the permissible axial loads for the highway are exceeded by 5 percent, given in table 1;

Pos - the value of the excess of the actual axial load over the allowable for the highway, tons / axle;

N - normative (calculated) axial load for the highway, tons/axle;

a, b - constant coefficients given in table 1.

4. The amount of damage caused by vehicles, when the values of the permissible mass for every 100 kilometers (Rpm) are exceeded, is determined by the formula:

Rpm = Kcap.rem. x Kpm x (c + d x Ppm),

Kkap.rep. - coefficient taking into account the relative cost of performing major repairs and repairs, depending on the location of the highway in the territory of the Russian Federation, given in table 2;

Kpm - the coefficient of influence of the mass of the vehicle, depending on the location of the highway on the territory of the Russian Federation, given in table 2;

c, d - constant coefficients given in table 1;

Ppm - the value of the excess of the actual mass of the vehicle over the allowable, percent;

Table 1

Normative (calculated) axle load for the highway, tons/axle		Rys., rub./100 km	Constant odds
Normative (calculated) axle load for the highway, tons/axle		Rys., rub./100 km	a	b	c	d
1.	6	8500	7,3	0,27	7365	123,4
2.	10	1840	37,7	2,4	7365	123,4
3.	11,5	840	39,5	2,7	7365	123,4

Note. The parameters given in Table 1 are intended for public roads of federal significance. The initial value of the amount of damage caused by vehicles, when the permissible axial loads for a highway are exceeded by 5 percent, and constant coefficients for regional or intermunicipal and municipal highways are established by the state authorities of the constituent entities of the Russian Federation and local governments, respectively.

table 2

Federal District of the Russian Federation	Kdkz	Kkap.rep.	Kpm
Federal District of the Russian Federation	Kdkz	Kkap.rep.	for federal roads	for roads of regional, intermunicipal, local significance and private roads
Central	2,07	1	1	0,285
Northwestern	2,14	1,07	0,785	0,294
Southern	1,65	0,96	1,103	0,342
Volga	1,67	0,94	0,76	0,353
Ural	2,1	1,03	0,662	0,348
Siberian	2,06	1,01	0,628	0,261
Far Eastern	2,14	1,35	0,708	0,665
North Caucasian	1,48	0,96	0,793	0,328
Crimean	1	0,96	0,424	0,104

Application
to the Government Decree
Russian Federation
dated November 16, 2009 N 934

INDICATORS OF THE SIZE OF HARM,
CAUSED BY VEHICLES CARRYING OUT
TRANSPORTATION OF HEAVY LOADS, WHILE THE MOVEMENT OF SUCH
VEHICLES ON ROADS
OF FEDERAL SIGNIFICANCE

(as amended by Decree of the Government of the Russian Federation of 09.01.2014 N 12
(rev. 12/27/2014))

Table 1

THE SIZE

load 10 tons/axle, from excess
permissible axial loads for each
vehicle axle

(rubles per 100 km)

	federal district
	Center- linen	North- West	Southern	Privol- zhsky	Urals- cue	Siberian- cue	Far- east- ny	North- Caucasus- sky	Crimea- sky
To 10	2747	2386	1637	1520	2059	1963	2773	1387	1274
Over 10 to 20	4392	3815	2618	2430	3291	3139	4434	2218	2037
Over 20 to 30	7026	6102	4188	3887	5265	5021	7093	3548	3258
Over 30 to 40	10616	9221	6329	5874	7956	7587	10718	5361	4923
Over 40 to 50	15141	13152	9026	8377	11347	10821	15286	7646	7022
Over 50 to 60	20584	17879	12271	11389	15426	14711	20781	10395	9546
Over 60

table 2

THE SIZE
damage caused by vehicles
transporting heavy cargo, while moving
such vehicles on the roads
federal significance, calculated under the axial
load 11.5 tons/axle, from exceeding the permissible
axle loads per axle
vehicle

(rubles per 100 km)

Exceeding the permissible axle loads on the vehicle axle (percentage)	federal district
	Center- linen	North- West	Southern	Privol- zhsky	Urals- cue	Siberian- cue	Far- east- ny	North- Caucasus- sky	Crimea- sky
To 10	1187	1031	708	657	890	849	1199	600	550
Over 10 to 20	1720	1494	1026	952	1289	1230	1737	869	798
Over 20 to 30	2574	2236	1534	1424	1929	1839	2599	1300	1194
Over 30 to 40	3737	3246	2228	2068	2801	2671	3773	1887	1733
Over 40 to 50	5204	4520	3102	2879	3900	3719	5253	2628	2413
Over 50 to 60	6967	6052	4153	3855	5221	4979	7034	3518	3231
Over 60	is calculated according to the formulas given in the methodology for calculating the amount of damage caused by vehicles transporting heavy cargo, provided for in the annex to the Rules for compensation for damage caused by vehicles transporting heavy cargo

Note. During the period of temporary restrictions on the movement of vehicles on roads due to adverse climatic conditions, the values of the amount of damage established in this table increase by 2.9 times.

Table 3

THE SIZE
damage caused by vehicles
transporting heavy cargo, while moving
such vehicles on the roads
federal value from exceeding the permissible
for highway mass
vehicle

(rubles per 100 km)

Exceeding the permissible axle loads on the vehicle axle (percentage)	federal district
	Center- linen	North- West	Southern	Privol- zhsky	Urals- cue	Siberian- cue	Far- east- ny	North- Caucasus- sky	Crimea- sky
To 10	8599	10563	9105	6143	5863	5454	8219	6546	3500
Over 10 to 20	9833	12078	10412	7025	6705	6237	9398	7486	4002
Over 20 to 30	11067	13594	11719	7906	7546	7020	10578	8425	4505
Over 30 to 40	12301	15110	13025	8788	8388	7802	11757	9365	5007
Over 40 to 50	13535	16626	14332	9669	9229	8585	12937	10304	5509
Over 50 to 60	14769	18142	15639	10551	10070	9368	14116	11243	6012
Over 60	is calculated according to the formulas given in the methodology for calculating the amount of damage caused by vehicles transporting heavy cargo, provided for in the annex to the Rules for compensation for damage caused by vehicles transporting heavy cargo

Note. When determining the amount of damage according to Table 3 for roads of regional, intermunicipal, local significance and private roads, the value of the amount of damage should be multiplied by the coefficient K, the values of which are given in Table 4.

ON COMPENSATION FOR DAMAGE CAUSED BY VEHICLES CARRYING OUT THE TRANSPORTATION OF HEAVY LOADS ON THE ROADS OF THE RUSSIAN FEDERATION

In accordance with Parts and Article 31 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", the Government of the Russian Federation decides:
1. Approve the attached Rules for compensation for damage caused by vehicles carrying heavy loads.
2. Determine the amount of damage caused by vehicles carrying heavy loads when such vehicles move along federal highways in accordance with the indicators according to the appendix.
3. Establish that the implementation of the powers established in accordance with this resolution is carried out by the Federal Highway Agency within the limits of the maximum number of employees of the central office of the Agency established by the Government of the Russian Federation and the budgetary allocations of the federal budget provided for by the Agency for management and management in the field of established functions.

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