Internal rules and procedures for controlling the special use of roads
INTERNAL RULES AND PROCEDURES FOR CONTROLLING THE SPECIAL USE OF ROADS
Section 1
RULES
For controlling the special use of roads
- Legal Frame
- Roads Act;
- Ordinance on the special use of roads;
- Internal instructions for application of the Ordinance on the special use of roads;
- Rules for the structure, activity and organization of work of the Road Infrastructure Agency;
- Internal rules for the work of the Road Infrastructure Agency.
- Scope
These internal rules regulate the functions, activities, tasks and organization of work related to the control of the special use of roads.
According to Art. 20, item 4 of the Rules for the structure, activity and organization of work of the Road Infrastructure Agency and Internal Rules for the work of the Road Infrastructure Agency, Road Infrastructure Maintenance Directorate: “exercises control over the special use of roads”.
The Permit Regimes Department in the Road Infrastructure Maintenance Directorate performs the functions regulated in Art. 20, item 4 of the Rules for the structure, activity and organization of work of the Road Infrastructure Agency and Internal rules for the work of the Road Infrastructure Agency.
These rules regulate the measures for control of the special use of roads.
“Special use of roads” is defined in § 1, item 8 of the Additional Provisions of the Roads Act, namely: the use of roads for transportation of heavy and oversized cargo or for other activities within the scope of the road and in service areas, such as: construction and entry into operation of commercial roadside sites and road connections to them, as well as on roadside assistance sites and road connections to them; construction and operation of advertising facilities; construction of new and repair of existing underground and aboveground linear or detached facilities and their operation within the scope of the road; temporary use of parts of the roadway and lands within the scope of the road by other persons.
These internal rules regulate the organization of work in the “Permit Regimes” department and the sequence of actions performed.
The employees in the “Permit Regimes” department control the special use of roads, checking the received files on their completion in accordance with the Internal Instructions for the implementation of the Ordinance on the special use of roads.
The purpose of these rules is to regulate the basic rights and obligations of employees in the “Permit Regimes” department, as well as the procedures for the implementation of the activity.
The control of the use of roads for the transport of heavy and oversized cargos is not the subject of these rules.
By Orders of the Acting Chair of the Management Board of RIA, permanent technical commissions are appointed, with the task to promptly review the files received by the Road Infrastructure Agency / RIA / related to the special use of roads, and propose solutions to requests for acceptance or approval of projects and issuing permits. After each meeting of the commission, a minute shall be prepared, in which the proposals of the commission related to the considered files shall be reflected. The minutes of the meeting of the commission shall be signed by all officials present at the meeting, after which it shall be approved by the Acting Chair of the Management Board of the Road Infrastructure Agency / RIA / or the authorized official of the Agency.
According to Art. 57, para 4, item 3 of the Roads Act, in case of delay in payment of the annual fees due under Art. 18, para 3 and continuing implementation of the permitted special use of the road, the administration managing the road shall revoke the issued permit. In view of the above provision, the employees in the “Permit Regimes” department control the special use of roads, carrying out the procedures for issuing Orders for revocation of permits for special use of roads.
III. Procedures
- Construction and operation of commercial roadside sites and road connections to them within the scope of the road and in the service areas.
According to the provision of art. 8, para 4 of the Ordinance on the special use of roads:
“Permission for special use of the road through construction of a commercial roadside site and road connections to it shall be issued by the officials under Art. 5, para 2, items 1-3 on the basis of:
1. A request submitted by the interested person to the respective specialized unit for on-site inspection or for consideration of a draft communication and transport plan;
2. Inspection by representatives of the respective specialized unit and the bodies of the Ministry of Interior in the presence of the interested person and drawing up a protocol for inspection;
3. Submission for consideration in the respective specialized unit of a project for communication-transport plan, adopted by the bodies of the Ministry of Interior;
4. Submission for coordination in the respective specialized unit of the technical project – part “Road” and “Organization of the traffic”, coordinated by the bodies of the Ministry of Interior.
1.1. Projects for Communication and Transport Plans / CTP / to the Detailed Urban Plan / DUP/.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / RIA / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the investment projects related to the national roads, including the construction of road connections with them, should be submitted to the Management Board of RIA with a Report for coordination with its decision.
Letters to the submitters of the respective projects are attached to the report.
1.2. Technical / Working projects – parts “Road” and “Organization of traffic”.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / RIA / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the investment projects related to the national roads, including the construction of road connections with them, should be submitted to the Management Board of RIA with a Report for coordination with its decision.
Letters to the submitters of the respective projects are attached to the report.
1.3. Permits for special use of roads through the construction of commercial roadside sites and road connections to them.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the permits for special use of the roads shall be signed by an authorized official of the Agency. The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
1.4. Permits for special use of roads through the entry into operation of commercial roadside sites and road connections to them.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the permits for special use of the roads shall be signed by an authorized official of the Agency. The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
2. Construction and entry into operation of advertising facilities / AF / in the range of the road and in the service areas.
2.1. Projects for constructions of advertising facilities.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Letters are prepared to the submitters of the request for approval of the project by an official from the Advertising Resources (AR) department at MRID and agreed by the head of the AR department at MRID and by the MRID director, after which they are signed by a member of the RIA Board. The drawings shall be stamped “Agreed” and the number of the letter of agreement shall be written.
2.2. Permits for special use of roads through the construction of advertising facilities in the scope of the road and in the service areas.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the permits for special use of the roads shall be signed by an authorized official of the Agency. The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
2.3. Permits for special use of roads through the entry into operation of advertising facilities within the road and in the service areas.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the permits for special use of the roads shall be signed by an authorized official of the Agency. The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
3. Construction of new and repair of existing underground and aboveground linear or freestanding facilities and their entry operation within the scope of the road and in the service area.
3.1. Conceptual projects.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the investment projects related to the national roads, including the construction of road connections with them, should be submitted to the Management Board of RIA with a Report for coordination with its decision.
Letters to the submitters of the respective projects are attached to the report.
3.2. Technical / Work Projects and permits for special use of the road by construction of new and repair of existing underground and aboveground linear or freestanding facilities within the scope of the road and in the service area.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the investment projects related to the national roads, including the construction of road connections with them, should be submitted to the Management Board of RIA with a Report for coordination with its decision.
Letters to the submitters of the respective projects are attached to the report. After the Minutes of the meeting of the Management Board of RIA are signed, the permits for special use of the roads are signed by an authorized official of the Agency.
3.3. Permits for special use of the road through entry into operation of underground and above-ground linear or freestanding facilities within the scope of the road and in the service area.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the investment intention will be carried into effect. They are addressed to the secretary of the permanent technical commission for review of their preparation in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
Meetings of the permanent technical commission are held weekly. The secretary of the commission shall report the files. The Commission examines the submitted files and their compliance with the current regulatory framework. Minutes of the meeting of the commission shall be prepared and signed by all officials present. Upon ascertainment of omissions and incompleteness in the submitted documents, as well as non-compliance with the regulatory framework, the same shall be reflected in the minutes of the commission.
The proposals of the commission, reflected in the Minutes, shall be submitted for approval to the Acting Chair of the Management Board of the Road Infrastructure Agency / API / or the authorized official of the Agency.
After approval of the minutes of the respective commission, the permits for special use of the roads shall be signed by an authorized official of the Agency. The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
4. Temporary use of parts of the roadway and land within the scope of the road.
Permits for special use of the road through temporary use of parts of the roadway and of lands within the scope of the road.
The files are received in the Maintenance of the Road Infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory where the temporary use of parts of the roadway will take place. They are addressed to the official from MRID responsible for the special use of roads through temporary use of parts of the roadway for inspection regarding their completion in accordance with the Internal Guidelines for the implementation of the Ordinance on the special use of roads.
The permits, which are prepared in accordance with the current regulatory framework, shall be signed by an authorized official of the Agency. The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
5. Orders for revocation of permits for special use of roads.
Issued permits for special use of roads are revoked on the grounds of Art. 26 para 9 of the Roads Act in connection with Art. 7, para 1 of the Ordinance on the special use of roads / OSUR /.
The files are received in the Maintenance of the road infrastructure Directorate / MRID / from the respective Regional Road Administration on the territory, where the special use of the roads will be carried out.
They are addressed to the official from MRID responsible for the review and processing of the Orders for revocation of permits for special use of roads. It also reviews their preparation in accordance with the Internal Guidelines for the Implementation of the Ordinance on the special use of roads and the current regulatory framework.
A Report is prepared to the Management Board of RIA for a decision to revoke the relevant permit.
The files, which have been found not to be in the required volume and content, shall be returned to the respective Regional Road Administration for corrections and preparation.
