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Compensation For Damage To Highways Caused By Construction Of Gas Mains
 
PIIS231243500022435-6-1
DOI10.18572/2410-4396-2020-2-88-92
Publication type Article
Status Published
Authors
Valentin A. Kotousov 
Affiliation: Saint Petersburg State University of Economics
Address: Russian Federation, St. Petersburg
Journal nameEnergy law forum
EditionIssue 2
Pages88-92
Abstract

Legal studies have been conducted on various aspects of legal regulation of construction of energy facilities. At the same time, many aspects are still worth looking at and being studied for the purpose of legal regulation improvement. Gas mains are being constructed in every part of Russia. The construction process generally requires a lot of equipment, materials and common mineral resources (sand, crushed stone, etc.). Heavy and/or large vehicles are often used to deliver them to the construction site. Considering this, construction of gas mains increases the load on highways. In accordance with Article 31, Clause 14, of Federal Law No. 257, the costs of technical evaluation of highways, their reinforcement or implementation of special measures to furnish highways, highway segments, structures and utilities crossing highways with necessary facilities should be reimbursed by the party to the benefit of which transportation by specific vehicles is performed. This article addresses the question of who this party is in construction of gas mains and who should bear the above expenses, describes a correlation between the regulations establishing requirements for reimbursement of expenses for technical evaluation of highways and the regulations establishing the obligation to compensate for damage caused by heavy vehicles.

Keywordsenergy law; legal regulation of construction of gas mains; compensation for damage to highways caused by construction of gas mains
Received06.05.2020
Publication date03.06.2020
Number of characters12668
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1 Legal studies have been conducted on various aspects of legal regulation of construction of energy facilities. [1] At the same time, many aspects are still worth paying attention and being studied for the purpose of legal regulation improvement.
2 Gas mains are being constructed in every part of Russia. [2] The construction process generally requires a lot of equipment, materials and common mineral resources (sand, crushed stone, etc.). Heavy and/or large vehicles are often used to deliver them to the construction site. Considering this, construction of gas mains increases the load on highways.
3 Federal Law No. 257 On Roads and Road Activities in the Russian Federation, and Introduction of Amendment to Specific Laws of the Russian Federation dated November 8, 2007 (hereinafter referred to as Federal Law No. 257) established uniform legal grounds for activities related to highway design, construction, modernization, repair, maintenance, use, and management.
4 Article 5 of Federal Law No. 257 contains a classification of Russian highways. Depending on their purpose, highways are divided into federal, regional or inter-municipal, local, and private.
5 According to Federal Law No. 257 dated November 8, 2007: A large vehicle means a vehicle the dimensions of which with or without load exceed the allowable dimensions established by the Government of the Russian Federation (Article 3, Clause 18, of Federal Law No. 257); A heavy vehicle means a vehicle with empty or laden weight and/or axle load exceeding the allowable vehicle weight and/or allowable axle load established by the Government of the Russian Federation (Article 3, Clause 17, of Federal Law No. 257).
6 According to Article 29, Clause 1 (2), of Federal Law No. 257, movement of heavy vehicles with empty or laden weight and/or axle load exceeding the allowable vehicle weight and/ or allowable axle load by more than 2%, and/or of large vehicles and vehicles transporting hazardous cargo without special permits on highways, as well as movement of vehicles with a plated weight exceeding 12 tons on federal public highways is not allowed without paying a fee in compensation of damage to federal public highways caused by such vehicles.
7 As stated in Article 31, Parts 1 and 2, of Federal Law No. 257, movement of large vehicles and/or heavy vehicles with empty or laden weight and/or axle load exceeding the allowable vehicle weight and/or allowable axle load by more than 2% on highways is allowed under special permits. To obtain a special permit, one must have the route of a heavy and/or large vehicle or a vehicle transporting hazardous cargo approved.
8 The procedure for issuing special permits is established by a government agency authorized by the Government of the Russian Federation (Article 31, Clause 9, of Federal Law No. 257).
9 Currently, this procedure is established by: Order of the Ministry of Transport of the Russian Federation No. 167 on Approval of the Procedure for Issuing a Special Permit for Movement of Heavy and/or Large Vehicles on Highways, dated June 5, 2019; [3] Order of the Ministry of Transport of the Russian Federation No. 119 on Approval of the Vehicle Weight and Dimension Control Procedure, Including Arrangement of Vehicle Weight and Dimension Control Stations, dated March 29, 2018; [4] Order of the Ministry of Transport of the Russian Federation No. 90 on Approval of the Procedure for Establishment of a Fixed Route for Heavy and/or Large Vehicles, dated March 12, 2018; [5]
10 Order of the Ministry of Transport of the Russian Federation No. 107 on Approval of the Administrative Policy of the Federal Road Agency on Rendering State Services Associated with Issue of Special Permits for Movement of Vehicles Transporting Heavy and/or Large Cargo on Highways, if the Route or a Part of the Route of the Vehicle Runs via Federal Highways, Segments of Federal Highways, or Two or More Constituent Territories of the Russian Federation, or Crosses the Russian Border, dated March 28, 2013. [6]
11 The procedures for compensation for damage caused by heavy vehicle and determination of the extent of such damage are established by the Government of the Russian Federation.
12 From February 1, 2020, the document regulating these procedures is Decree of the Government of the Russian Federation No. 67 on Approval of the Rules of Compensation for Damage Caused by Heavy Vehicles, Amendment and Repeal of Specific Regulations of the Russian Federation dated January 31, 2020. [7] Decree of the Government of the Russian Federation No. 67 of January 31, 2020, superseded Decree of the Government of the Russian Federation No. 934 on Compensation for Damage Caused by Vehicles Transporting Heavy Cargo on Highways of the Russian Federation dated November 16, 2009, and Decree No. 590 on Certain Issues of Determination of the Extent of Damage Caused by Vehicles Transporting Heavy Cargo on Highways of the Russian Federation dated June 28, 2016, as amended.
13 Payment and collection of charges in compensation for damage is arranged by the Federal Road Agency, Russian Highways State Company, executive bodies of constituent territories of the Russian Federation, local authorities, owners of private highways with respect to their respective segments of highways within the route of a vehicle.

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