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By the nature of the activity, I often have to deal with the problems of carriers. Recently, this is the introduction of a payment system for compensation for harm on federal roads Plato. Analysis of documents regulating heavy vehicles in the Russian Federation, as well as travel on federal roads of 12-ton vehicles showed the complete failure of the arguments brought by the Ministry of Transport in support of the introduction of a fee to compensation for harm caused by federal vehicles (TS) , which have an allowed maximum mass of more than 12 tons. For example.
Decree of the Government of the Russian Federation dated 15.04.2011 No. 272 “On approval of the rules for transporting goods by road” establishes permissible values of maximum masses and loads on the axis of the vehicle, above which vehicles become heavy and their traffic on Russia's roads is regulated by Article 31 of the Federal Law of 08.11.2007 No. 257-ФЗ “On Roads and on Roads and on Amendments on Changes in the Russian Federation and on Amendments In separate legislative acts of the Russian Federation. ” Heavy vehicles can move along Russian roads with special permission and after paying for compensation for the harm caused to the roads. The minimum, of the permissible masses of vehicles in accordance with Decree No. 272, is 18 tons (for double -axis vehicles), i.e. The 12-tonniks are no longer included in the category of vehicles that harm roads above the permissible. And this means that the damage caused by the roads by not heavy vehicles (including 12 tonniks) is the natural wear of roads and is compensated in a planned manner by transport tax and excise taxes on fuel and lubricants entering road funds.
The road funds also receive a fee for compensation for harm to heavy vehicles, which have a mass of more than 12 tons and will now reimburse the harm as 12-ton vehicles. The person is not only double taxation, but also triple payment for compensation for harm.
The government could make amendments to Decree No. 272 or the Tax Code, changing the permissible norms or deductions from excise taxes (which it has already done in November 2014, reducing the excise taxes on the fuel and lubricants, which reduced the receipt of funds to the regions by 25-30%) and replenish the estimates of Russia without “noise and dust”. However, then the money could not legally get to the firms of Plato's concessionaires, Mr. Dame Rotenberg and Chemezov.
Thus, the introduction of a system for paying for damage to the roads of federal significance from vehicles exceeding a mass of 12 tons of Plato makes sense only to receive funds with specific persons.
The basis for the charge of fees from 12 tonniks is the Decree of the Government of the Russian Federation dated 06/14/2013 No. 504 “On the charge of the fee in the account of damage caused by public roads of federal significance with vehicles that have permitted maximum mass over 12 tons” (along with the “Rules for the Rules of the Coat in the Account for Compensation of General Personal Roads of Federal Very use of federal vehicles with vehicles with vehicles permitted maximum mass over 12 tons ”), published for the implementation of Article 31.1 of the Federal Law of 08.11.2007 No. 257-ФЗ" On Roads in the Russian Federation and on amendments to certain legislative acts of the Russian Federation. "
The introduction of Article 31.1 257-FZ also does not make any sense, other than the determination by paid all federal roads for transport by the maximum permitted mass of more than 12 tons. Those. For purely working transport, not used for entertainment, but working on the country's economy, for its security, including And for the implementation of so fashionable “import substitution” now. In addition, the Ministry of Transport has already discussed the issue (with a survey of all administrations of the Russian regions) on the introduction of the same fee from 3.5 tonniks, as well as granting the right to regions of introducing such a fee on regional and local roads. Thus, all roads in Russia will become paid for commercial, working transport.
The question arises - why simply do not adopt the law on the introduction of a fare for all the roads of Russia? The answer is obvious, the Russians will not accept and approve this law. But this is not all, the same 257-ФЗ in Article 37 obliges when making a decision on the introduction of roads for roads, to ensure free alternative travel on roads of no worse quality. And for this the government has neither money nor desire.
Referring to paid roads in European countries, the Ministry of Transport forgets that the principle of providing an alternative free travel is ensured there. Yes, free roads are less convenient, they are limited to speed limit and longer the path, but they are.
Of course, the issue of ensuring the conditions for traveling on the roads of Russia heavy vehicles requires a complete revision and changes in the legislation by approaching European norms, but it is currently necessary and it is enough to cancel Article 31.1 257-FZ, which will also be the abolition of the 504th Decree of the Government. And Plato’s system can be quite configured to work according to the requirements of Article 31 257-FZ and 272 resolutions.
Some political parties express support to truckers and advocate the introduction of a moratorium on the action of the Plato system. But the introduction of a moratorium is just a half -timer, which gives temporary relief and does not solve the problem of an unfair additional selection from Russian citizens. And as a result, not only with carriers. As already mentioned at the recent rally for the abolition of Plato: “Moratorial, this is like the last cigarette before execution. How much do not smoke, but still executed. ”
In addition, nothing prevented the Chairman of the Government of the Russian Federation from a stroke of the pen instead of reducing the tariff to 1.53 rubles, to reduce it to zero for the test period or to a better, less crisis, economically suitable moment. That would be a moratorium. However...
Kostroma carriers are demanding the complete cancellation of the Plato system and Article 31.1 257-FZ. And they treated these requirements to the regional Duma and the Public Chamber of the Kostroma region. Unfortunately, deputies of the Kostroma Regional Duma gained courage only to the request to the State Duma to pay attention to the problems of carriers.
And at this time, carriers from many regions of Russia come to Moscow. And for some reason it seems to me that it is far from the end of history.
As they say, to be continued ...