Local road status
All roads, depending on their purpose, are divided, as before, into 4 types:
1) highways of federal significance;
2) motor roads of regional or intermunicipal significance;
3) motor roads of local importance - motor roads of a settlement, municipal district or urban district;
4) private highways.
A motor road of local significance is a motor road within the boundaries of the settlements of a settlement or a municipal district or an urban district that is not classified as federal, regional or intermunicipal motor roads, private motor roads.
The law does not establish criteria for classifying roads as local roads. This is done on a residual basis. Roads of local importance include roads that do not belong to any of the other 3 groups indicated. And not "can relate", namely "relate". Lists of highways of federal, regional and intermunicipal significance are approved by the Government of the Russian Federation and the highest executive body of state power of a subject of the Russian Federation, respectively - these lists are documents that determine the status of these roads. The document confirming the classification of the road as private is a certificate of ownership of the this road natural or legal person. Roads that are not included in any of these lists and are not registered as private property, by virtue of the law, must be recognized as roads of local importance.
Compilation of a special list as a document that generates the assignment of certain roads to roads of local importance is not provided. Such a list can be compiled by local governments (and in any case it will be necessary to take into account roads as part of municipal property), but when compiling it, local governments must still include in it all roads that are not classified as federal, regional, intermunicipal or private. Consequently, they are responsible for the condition of such roads, regardless of whether they are included in the list of local roads. This is important to understand, because it means that, in fact, local governments are responsible for the condition of an unlimited number of roads - at present, in particular, all roads that are not included in federal and regional lists. In the event of disputes related to the classification of roads as local roads, one can apply to the relevant executive bodies or to the court, including challenging the non-inclusion of certain roads in the lists of federal, regional or intermunicipal roads.
Therefore, local governments need to conduct an analysis, inventory of roads on their territory, identify roads that are not classified as federal, regional, intermunicipal and are not private, and take one of the possible decisions:
- agree with the factual and legal recognition of such roads as local roads and thereby assume the burden of their maintenance;
- apply to Rosavtodor or the highest executive body of state power of a subject of the Russian Federation with a proposal to include them in the list of highways of federal, regional or intermunicipal significance, or, in the future, apply to the court with a similar requirement (with an application to challenge the act, by which such roads are not included in the relevant lists);
- Transfer roads to private ownership of individuals or legal entities.
In the latter case, it must be borne in mind that, in accordance with paragraph 12 of Art. 85 of the Land Code of the Russian Federation land plots common use as part of the lands of settlements, occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects are not subject to privatization. Thus, privatization can be discussed only in relation to local roads outside settlements. However, the ban on the privatization of land as part of the roads of settlements does not prevent the privatization of other movable and immovable property as part of the road, since at present the road is not considered as a single object of ownership, in any case, registration of rights to the road and transactions with it is not provided as a single property complex (more on that below).
At the same time, it should be borne in mind that in order to create a unified state register of highways, information on local roads must be submitted to the Federal Road Transport Agency before July 1, 2008.
If local governments have the opposite problem - they believe that this or that road is unlawfully classified as federal, regional or intermunicipal, they can also seek recognition of it as municipal by conciliation or judicial procedure.
To do this, you need to understand what criteria you need and can rely on when defending your interests.
As already mentioned, there are no clear criteria for assigning roads to the listed types according to their purpose.
Directly in the law, only the criteria for classifying highways as public roads of federal significance are defined. Moreover, in some cases, based on these criteria, the road is recognized as federal without fail, in others it can be recognized as federal.
In all cases, public roads of federal significance are the following roads:
1) connecting the capital of the Russian Federation - the city of Moscow with the capitals of neighboring states, with the administrative centers (capitals) of the constituent entities of the Russian Federation;
2) included in the list of international highways in accordance with international agreements of the Russian Federation.
Motor roads of federal significance may be motor roads:
1) interconnecting the administrative centers (capitals) of the constituent entities of the Russian Federation;
2) being access roads connecting public roads of federal significance, and major transport hubs of international importance (seaports, river ports, airports, railway stations), as well as special objects of federal significance;
3) being access roads connecting the administrative centers of the subjects of the Russian Federation, which do not have public roads, connecting the corresponding administrative center of the subject of the Russian Federation with the capital of the Russian Federation - the city of Moscow, and the nearest seaports, river ports, airports, railway stations.
Thus, the criteria for classifying roads as federal have not changed compared to the Decree of the Government of the Russian Federation dated April 11, 2006 No. 209 that determined such criteria before the adoption of the law.
A specific list of public roads of federal significance, according to the law, is approved by the Government of the Russian Federation (this was the case before). The current List of federal highways was approved by Decree of the Government of the RSFSR of December 24, 1991 No. 62, as amended. dated September 7, 2007
The criteria for classifying public roads as public roads of regional or intermunicipal significance and the list of public roads of regional or intermunicipal significance formed on their basis are approved by the highest executive body of state power of a constituent entity of the Russian Federation. In this regard, it will be difficult for local governments to insist on the transfer of any roads to municipal jurisdiction, since in fact the subject of the Russian Federation is not limited in the right to recognize certain roads as regional or intermunicipal - it itself determines not only the list of such roads, but also the criteria for classifying them as such. IN this case it will first be necessary to challenge the normative act establishing the criteria for recognizing roads as regional and intermunicipal, if such criteria seem too broad. At the same time, it is difficult to find clear legal grounds for assessing the essence of these criteria themselves in the law. Here one can only use the general provisions of the law on the classification of roads and rely on an analogy with the criteria established for federal roads. Decree of the Government of the Russian Federation dated April 11, 2006 No. 209 also mentions such a sign of local roads as intended for solving local issues. However, this decision, in any case, in this part, should be recognized as invalid, since in accordance with Part 2 of Art. 4 of the Federal Law “On Highways”, relations in the field of roads can be regulated by acts of the Government of the Russian Federation only in cases and within the limits established by this Federal Law and other federal laws, and in accordance with Art. 5 of the commented law, the Government of the Russian Federation does not have the authority to clarify the classification or specify its indicators (criteria). At the same time, it seems that, in terms of its content, the sign of being intended to address issues of local importance as a possible criterion for classifying roads as municipal ones retains its significance and can be used as an argument due to the requirements of Art. 50 of the Federal Law "On general principles local government organizations in Russian Federation", as well as by virtue of Art. 5 of the commented law, which determines precisely their purpose as the basis for dividing roads into federal, regional, intermunicipal and local.

Another indirect criterion that makes it possible to delimit local roads from regional and municipal ones is their physical boundaries, geographical location. According to parts 9, 10, 11 of Art. 5 of the commented law, only roads within a municipality can be classified as local roads - that is, roads that are completely located (from beginning to end), closed within the boundaries of a settlement, municipal district or urban district, respectively. This indicator can be useful mainly when challenging the assignment to local roads that go beyond the boundaries of one municipality (including those connecting settlements of different districts, settlements of a district and an urban district) - such roads, obviously, should be recognized as intermunicipal and be under the jurisdiction of a constituent entity of the Russian Federation. But this indicator will not help in defending the classification of certain roads as municipal, because, based on the wording of the law, roads within the boundaries of municipalities can be federal, regional or intermunicipal, they do not have to be local.
However, in connection with the last criterion, the question arises of understanding the road as a single object, establishing the beginning and end of the road and delimiting different roads from sections of the same road. Proceeding from the law, the ownership and significance of the road as a whole is determined, it is not envisaged that the road is divided into sections in order to give different values ​​to different sections. This issue is relevant in cases where inter-settlement roads pass into the street-road network of settlements, in connection with which the question arises about the significance of road sections within settlements and, accordingly, about the bodies in charge of which it is located - district, settlement, regional or federal. Unfortunately, the new law did not eliminate the ambiguity in resolving this issue, did not provide clear criteria to determine where one road begins and ends and another begins and ends. At the same time, relying on the provisions of the law, in particular on Art. 9 on the calculation of the length of roads, there is reason to say that roads should be considered as an integral object, that the boundaries of settlements do not interrupt the course of the road and, accordingly, roads within the boundaries of settlements should be considered only roads that do not go beyond the boundaries of settlements (the actual street road network of settlements), and roads connecting several settlements along their entire length, including sections passing through the territories of settlements, are roads of intermunicipal significance (or higher - regional, federal). However, this approach may not always be justified and, apparently, it is necessary to take into account the history of the construction of specific roads, since physically they may look like a single highway, but legally and technically be built as separate roads (for example, if a road between settlements was built as a continuation of the streets inside the settlement, but later also as an independent road).
To delimit local roads between districts, settlements and urban districts, it is also necessary to be guided by a geographical criterion, which has not changed compared to the previous Decree of the Government of the Russian Federation on April 11, 2006 No. 209. According to parts 9, 10, 11 of Art. 5 of the commented law, local roads are under the jurisdiction of settlements if they are located within the boundaries of the settlements of the settlement, under the jurisdiction of municipal districts - if they connect settlements within the boundaries of the municipal district, under the authority of the urban district - if they are within the boundaries of the urban district. It is noteworthy that, according to the letter of the law, roads between settlements, even within the same municipal formation - settlements, are roads of local importance of a municipal district.
As for roads of local importance for non-public use, they include roads owned, owned or used by local administrations (executive and administrative bodies of municipalities), municipal enterprises or institutions, and used by them exclusively for their own needs or for municipal needs. The list of such roads is approved by the local government. According to the law, the basis for classifying non-public roads as local roads is their ownership, possession, use of local administrations or municipal organizations. At the same time, the location of such a road (within the boundaries of the municipality or not) is no longer of fundamental importance. A similar principle applies to non-public roads of federal, regional or intermunicipal significance. The lists of such roads are approved accordingly by the Government of the Russian Federation, other authorized federal executive bodies or the highest executive body of state power of a constituent entity of the Russian Federation. At the same time, the law establishes that motor roads that are included in the lists of non-public roads of federal, regional, intermunicipal significance are federal property or the property of a subject of the Russian Federation, respectively, or are transferred to federal property or the property of a subject of the Russian Federation in the manner established by federal laws. The owner of the road in accordance with Art. 3 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" is considered a person who owns a road on any real right. According to Art. 216 of the Civil Code of the Russian Federation, property rights, in particular, are: the right to lifelong inheritable possession of a land plot; the right to permanent (unlimited) use of the land plot; easements; the right of economic management of property and the right of operational management of property. This list of rights is not exhaustive; in the literature and in practice, the following are also recognized as rights in rem: the right to use housing by family members of the owner living in his residential premises; disposal of income and property received as a result of permitted economic activity and some. etc. At the same time, it is not customary to include rights, including the rights to own and use property, based on an agreement between the owner and the owner, for example, lease rights, the right free use property and other rights arising from contracts, including those provided for in Part 2 of the Civil Code of the Russian Federation. Therefore, the provision of a highway for lease or on the basis of another agreement to federal or regional state authorities or federal or regional organizations does not give rise to property rights in them and, accordingly, does not entail the transfer of the road to the number of federal or regional ones.
All local roads (and only such roads) are in municipal property . Rights to immovable property as part of a highway must be registered in accordance with the Federal Law "On state registration rights to real estate and transactions with it. At the same time, the law does not clearly resolve the issue of the status of the road as a single object of ownership, including for the purpose of registering rights to it and transactions with it. However, from Art. 9 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”, it can be concluded that, being a linear structure (and such are considered by law as complex or indivisible things), the road can be registered as an integral property complex. It is stipulated that, at the initiative of the applicant, the rights to real estate as part of the road, if such property is located in the territories of more than one registration district, can be registered by the federal body of Rosregistration, and not by the territorial bodies of Rosregistration at the location of the relevant property. However, the same norm means that it is possible in another way and, therefore, the law does not consider the road precisely and only as an integral property complex from the point of view of property rights and other real rights to it.
When changing the purpose of a highway - including it in the list of highways of federal, regional, intermunicipal or local significance or exclusion from it - the ownership of the road is also subject to transfer, based on the fact that roads of federal significance are in federal ownership, roads of regional and intermunicipal significance - in the property of the constituent entities of the Russian Federation, roads of local importance - in municipal ownership. It has been established that the exclusion of roads from the number of federal ones entails their transfer to the ownership of the subjects of the Russian Federation or municipal property, the exclusion of roads from the number of regional or intermunicipal ones entails their transfer to federal or municipal ownership. This also establishes the priority of maintaining public ownership of roads over their privatization.

Registration: 12/14/10 Messages: 1.419 Acknowledgments: 44

Non-standard chairman of the SNT

Registration: 14.12.10 Messages: 1.419 Acknowledgments: 44 Address: Serebryanye Prudy

Accordingly, and vice versa: the inclusion of a road in the number of roads of federal, regional or intermunicipal significance entails its transfer to federal or regional ownership, including from municipal ownership. Local self-government bodies are obliged to transfer the public road in their ownership, included in the number of roads of federal, regional or intermunicipal significance, to the ownership of the Russian Federation or a constituent entity of the Russian Federation, respectively. Contestation of the inclusion of a road in these categories can be carried out in a conciliatory or judicial manner. At the same time, the law does not say anything about the grounds and conditions for the inclusion of a highway in the list of federal, regional or intermunicipal significance or exclusion from them, fixing only that the roads included in the corresponding list are transferred to the appropriate property in the manner prescribed by federal laws, and if they are excluded, they are transferred to the ownership of another public entity (Article 6 of the law). It looks as if local governments can independently build or reconstruct, repair the road, and then the federal or regional authorities will include it in their list and it should be transferred to their ownership (and, as will be said below, now there is only one procedure for such transfer, according to which it is carried out free of charge). However, it seems that these provisions of the law should be interpreted in a system with other provisions of the law, including the provisions of civil law on property rights. Such a change in the meaning of the road will mean the forced deprivation of the owner of his property. At present, the Constitutional Court of the Russian Federation has recognized as admissible the only case of such a transfer on a gratuitous basis - the redistribution of powers between public authorities of different levels, while emphasizing that the redistribution of property in this case should be of a coordinated nature (Resolution Constitutional Court RF dated June 30, 2006 No. 8-P).
It is indicated that roads are transferred from one form of public ownership to another in the manner prescribed by federal laws. Currently, the procedure established by paragraph 11 of Art. 154 of the Federal Law of August 22, 2004 No. 122-FZ. The action of this procedure is not limited by any period of time or grounds for the redistribution of property between the Russian Federation, the constituent entities of the Russian Federation and municipalities, therefore it is subject to application both in the process of redistribution of property between public entities in accordance with Art. 85 of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", and in other cases, unless another law is adopted, including applicable to the redistribution of roads. The transfer of roads in this order is free of charge.
Thus, all roads that are not included in the lists of roads of federal, regional or intermunicipal significance and for which private property rights are not registered in the prescribed manner are subject to municipal ownership. If the property rights of the Russian Federation or subjects of the Russian Federation are registered for such a road, then they must transfer it to the ownership of the corresponding municipality in the manner indicated above. At the same time, according to the established procedure, the proposal to transfer the road to municipal ownership should come from local governments. If the road is not registered in someone's property, then it is considered as ownerless property and the right of municipal ownership to it is acquired in accordance with Art. 225 of the Civil Code of the Russian Federation: first, the local government registers it with the Rosregistration authorities, then a year later it can go to court with a request to recognize the right of municipal property to it (moreover, based on Article 225 of the Civil Code of the Russian Federation, this is precisely a right, not an obligation local authority).
Meanwhile, the law has not yet defined the status of access roads to settlements (from a federal or regional highway): formally, this is not a settlement road, since the road is outside the boundaries of a settlement, and not a municipal district road, since the road does not run between settlements.

Legal regime land plots as part of the highway and roadside land plots
Roads can be located on the lands of various categories, and not only on the lands of transport. At the same time, according to the Land Code of the Russian Federation, all lands within the boundaries of settlements belong to the category of lands of settlements, on which various territorial zones can only be allocated.
In order to create conditions for the construction or reconstruction of motor roads of federal, regional or intermunicipal, local significance, in the manner prescribed by land legislation, reservation of land or land plots for state or municipal needs. The procedure for reserving land is determined by Art. 70.1 of the Land Code of the Russian Federation and must be specified by the Government of the Russian Federation. According to this norm, land reservation for the purposes of construction or reconstruction of roads can be carried out regardless of whether they are provided to citizens or legal entities or not. At the same time, for the construction of roads, land can be reserved for a period not of 7, but of 20 years (provided that land plots are not provided to citizens and legal entities). Land plots located within the boundaries of land reserved for state or municipal needs are classified as restricted in circulation. This, in particular, means that such land plots are not provided for private ownership. Land reservation also entails other features of ownership, use and disposal of land plots, established by various articles of the Land Code of the Russian Federation:
1) a lease agreement for such land plot is concluded for a period, the duration of which cannot exceed the period of reservation of such lands;
2) the term for establishing a public easement in relation to a land plot cannot exceed the term for reserving such lands;
3) in connection with the reservation of land for state or municipal needs, some rights of owners of land plots, land users, land owners, tenants of land plots to use land plots may be limited, namely:
- the right to erect residential, industrial, cultural, community and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire and other rules, regulations ;
- the right to carry out irrigation, drainage, cultural and other reclamation works in accordance with the permitted use, build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic and other special requirements established by law
Federal Law No. 69-FZ of May 10, 2007, which established the procedure for reserving land for state and municipal needs, also determined a temporary procedure for reserving land until the approval of territorial planning documents (but no later than January 1, 2010). The zones of the planned placement of capital construction objects of federal, regional or local significance for the purpose of reserving land for state or municipal needs are approved by the authorized federal or regional executive authorities, respectively. Before their approval, the projects of the boundaries of these zones are subject to agreement:
with the highest executive body of state power of a constituent entity of the Russian Federation - if it is planned to place an object on a land plot that is owned by a constituent entity of the Russian Federation or state ownership of which is not delimited or in municipal ownership;
with the authorized federal executive body - in the event that the facility is supposed to be located on federally owned lands.
At the same time, failure to obtain an opinion on the draft zone boundaries within 1 month is considered as the consent of such bodies with the specified project.
Acts on the reservation of land plots for state or municipal needs, carried out before the day the said Federal Law enters into force, are legally significant. In this case, the provisions on the terms of reservation apply to them in full.
If the land plots required for the construction of roads are privately owned, they may be seized for municipal needs in accordance with Art. 49 of the Land Code of the Russian Federation. In accordance with Art. 55 of the Land Code of the Russian Federation, the seizure of a land plot for state or municipal needs can be carried out only on condition of preliminary and equivalent compensation for the cost of the land plot on the basis of a court decision. In accordance with Art. 279 of the Civil Code of the Russian Federation, Art. 63 of the Land Code, the owner of the land plot must be notified in writing about this by the body that made the decision to withdraw it no later than a year before the upcoming withdrawal of the land plot; redemption of a land plot before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner. Payment for a land plot withdrawn for state or municipal needs (redemption price), terms and other conditions for redemption are determined by an agreement with the owner of the plot or, in case of disagreement of the owner, by a court decision (Articles 281, 282 of the Civil Code of the Russian Federation). The owner must be compensated for all losses, including lost profits, in connection with the withdrawal of the land (Articles 57, 63 of the Land Code of the Russian Federation).
Land plots within the right of way can be provided to citizens or legal entities for the placement of road service facilities. Since lands within the right of way are part of the road, and local roads must be in municipal ownership, then lands within the right of way of a local road can only be in municipal ownership and are not subject to transfer to private ownership. Accordingly, the provision of land plots to citizens and legal entities is possible only for temporary possession and use in accordance with Art. 20, 24, 28 of the Land Code of the Russian Federation:
- on a lease basis;
- on the rights of permanent perpetual use - to state and municipal institutions, state-owned enterprises, as well as state authorities and local governments;
- on the rights of gratuitous fixed-term use - to state and municipal institutions, state-owned enterprises, as well as state authorities and local governments, religious organizations, persons with whom a state or municipal contract has been concluded for the construction of a real estate object, carried out entirely at the expense of the local budget
Land plots within the roadside may be provided to citizens and legal entities by the owner of such land plots. Since roadside lanes are not part of roads, land plots on them can be in any form of ownership. Accordingly, municipal lands can be provided to private individuals, including ownership. At the same time, by the Decree of the Government of the Russian Federation of December 1, 1998 No. 1420, executive authorities of the constituent entities of the Russian Federation and local governments are recommended to provide land plots within the roadside lanes of federal public roads, as a rule, for possession, use or lease.
In accordance with paragraph 1 of Art. 389 of the Tax Code of the Russian Federation, road lands are also subject to land taxation. According to Art. 395 of the Tax Code of the Russian Federation, organizations are exempted from taxation - in relation to land plots occupied by state public roads. Thus, land occupied by municipal roads is subject to land taxation. Other land tax benefits (for example, for municipal enterprises and institutions) may be established by municipal regulatory legal acts.

Registration: 12/14/10 Messages: 1.419 Acknowledgments: 44

Non-standard chairman of the SNT

Registration: 14.12.10 Messages: 1.419 Acknowledgments: 44 Address: Serebryanye Prudy

Content of road activities
According to the law, road activities include:
- design;
- construction;
- reconstruction;
- repair, including major;
- Maintenance of highways.
The maintenance of the motor road includes not only the maintenance of the proper technical condition of the motor road, but also the assessment of its technical condition, as well as the organization and provision of traffic safety.
The repair is aimed at restoring the transport and operational characteristics of the highway. A major overhaul differs from a regular one in that it replaces and/or restores structural elements road, road structures and (or) their parts, and at the same time, the design and other characteristics of the reliability and safety of the road are affected. But in any case, the repair does not change the class, category of the road or right of way.
The classification of work on the repair, overhaul and maintenance of highways is established by the Ministry of Transport of Russia. To date, the Order of the Ministry of Transport of Russia dated November 12, 2007 No. 160 “On approval of the classification of work on the overhaul, repair and maintenance of public roads and artificial structures on them” has been adopted and is in force, which establishes the composition and types road works separately for each of the directions - for the maintenance of roads, for the repair of roads, for the overhaul of roads, which should guide the planning of the volume of these works. The scope of road works established by the document may be supplemented necessary types works determined taking into account design features highway and artificial structures on it and its location. The classification applies to public roads within the Russian Federation.
Such a change in the parameters of the motor road, its sections, which leads to a change in the class and (or) category of the motor road or entails a change in the boundary of the right of way of the motor road, is a reconstruction.
Activities for the design, construction, reconstruction, repair, maintenance of highways are currently not subject to licensing.
Design, construction, reconstruction, overhaul roads are carried out in accordance with the Town Planning Code of the Russian Federation.
The development of a network of local roads is laid down in the territorial planning schemes of municipal districts, master plans for settlements, urban districts. On their basis, other planning documents are approved - for urban zoning, territory planning, architectural and construction design.
Composition and requirements for the content of sections project documentation of motor roads, their sections, the composition and requirements for the content of sections of the design documentation of motor roads, their sections in relation to individual stages of construction, reconstruction of motor roads, their sections, as well as the composition and requirements for the content of sections of the design documentation of motor roads, their sections, submitted to state examination of project documentation and to state construction supervision bodies are established by the Government of the Russian Federation. See Decree of the Government of the Russian Federation of December 27, 2000 No. 1008, Order of the Ministry of Transport of Russia of March 31, 2003 No. IS-216-r.
Construction, reconstruction, overhaul of motor roads is carried out on the basis of a building permit. Permits for carrying out activities within the framework of the maintenance and repair of roads are not required. In accordance with Part 17 of Art. 51 of the Town Planning Code, it is also not required to obtain a permit for: construction, reconstruction of objects that are not objects of capital construction (kiosks, sheds and others); construction on the land plot of buildings and structures for auxiliary use (serving the main buildings).
A permit for the construction of a local road is issued by local governments:
- settlements - in relation to local roads of the settlement;
- municipal district - in relation to motor roads of local significance of the municipal district;
- urban district - in relation to motor roads of local significance of the urban district.
Upon completion of construction, it is necessary to obtain permission to put the facility into operation in accordance with Art. 55 of the Town Planning Code of the Russian Federation.
The owners of highways are obliged to inform road users about the timing of reconstruction, overhaul and possible detours.
In accordance with the Federal Law "On technical regulation» it is expected to form technical regulations in the field of construction, reconstruction, repair, maintenance of roads, but at present they are not accepted. Main technical requirements that must be observed during the construction, reconstruction, repair of roads is set out in SNiP 2.05.02-85 "Automobile roads", approved by the Decree of the USSR Gosstroy of December 17, 1985 No. 233. These rules are applicable to the extent that does not contradict later legislation. In accordance with Art. 46 of the Federal Law "On Technical Regulation", the provisions of this SNiP and other normative and technical documents in the field of road activities are subject to mandatory execution only in the part corresponding to the goals: protecting the life or health of citizens, property of individuals or legal entities, state or municipal property; protection of the environment, life or health of animals and plants; prevention of actions that mislead purchasers.
The maintenance and repair of roads are aimed at maintaining uninterrupted traffic. Vehicle on highways and safe conditions such traffic, as well as ensuring the safety of roads. Requirements for the maintenance and repair of roads should be determined by technical regulations. Currently, such regulations have not been adopted, and it is necessary to be guided by previously adopted regulatory and technical documents, with the same reservations as set out above. At present, in particular, Guidelines for the repair and maintenance of public roads, approved by the Letter of Rosavtodor dated March 17, 2004 No. OS-28/1270-IS. Municipal legal acts may also be adopted on the maintenance and repair of local roads.
Based on Art. 23 of the commented law, the responsibilities of local governments for the maintenance of local roads also include mobilization preparation of roads, that is, ensuring the readiness of roads for use in wartime.
The law establishes the features of construction, reconstruction, overhaul and repair in places intersections or junctions of highways. These features are due to:
- construction, reconstruction and overhaul and even ordinary repairs require the written consent of the owners or owners of the relevant roads: for public roads - the consent of the owners, for private roads - the consent of the owners only;
- construction, reconstruction and overhaul of intersections and junctions are carried out on the basis of a construction permit issued in this case by an authority authorized to issue a permit in relation to the road to which the junction occurs or with which the intersection occurs;
- if we are talking about ordinary repairs, then with the owners (in relation to public roads) or owners (in relation to private roads) the procedure for carrying out repair work on intersections and junctions and the scope of such work should be agreed;
- roads adjacent to public roads, entrances to public roads, exits from public roads must have a hard surface, starting from the junction, for a distance, the size of which must not be less than the size established by technical regulations (now see. SNiP 2.05.02-85 "Roads", approved by the Decree of the USSR Gosstroy of December 17, 1985 No. 233);
- the cost of carrying out work in relation to intersections and junctions (including the execution additional work related to ensuring road safety, water disposal and the fulfillment of other requirements established by technical regulations) are borne by persons in whose interests construction, reconstruction, overhaul, repair of intersections or junctions are carried out.
Violation of this procedure entails the obligation to stop work and restore the road to its original state at the request of the construction supervision authorities (for local roads - the relevant authorities of the constituent entities of the Russian Federation), and if this requirement is not met, the owner of the road has the right to do it independently, and the costs incurred must be compensated the person who did the illegal work. In addition, the performance of these works without the consent of the owner of the road entails administrative liability (Article 11.21 of the Code of Administrative Offenses of the Russian Federation).
When it comes to crossings with railway tracks, then the owners of the railway tracks are responsible for:
- equipment of crossings with devices designed to ensure traffic safety railway transport, vehicles and other road users;
- maintenance of road sections located within the borders of railway crossings (up to the barrier or, in the absence of a barrier, at a distance of 10 m from the nearest rail along the route).
Road activities in relation to local roads can be carried out both by municipal organizations and other organizations involved in the procedure for placing a municipal order in accordance with the Federal Law “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”. At the same time, the commented law somewhat corrects the rules for placing an order for the construction, reconstruction, and overhaul of roads. The rule remains that these works in relation to motor roads are carried out by holding an auction, but an exemption is made for the construction, reconstruction, overhaul of artificial road structures included in the composition of motor roads, the placement of an order for which can be carried out both by auction and by competition.
At the same time, it should be remembered that Federal Law No. 53-FZ of April 20, 2007 introduced the requirement to determine the initial (maximum) price of the contract in the prices of the corresponding years for the entire period of construction, as well as the transition in fixed price contracts. This provision of the legislation imposes new requirements on contractors. Entering the competition, contractors must understand that there will be no more annual recalculations of the contract value, and the cost for which they have concluded a contract will be fixed for the entire construction period, even if it lasts more than three to five years.

Exercising other powers in the field of the use of roads

and implementation of road activities in accordance with the legislation of the Russian Federation
As road users, the law considers individuals and legal entities using roads as road users (clause 8, article 1 of the Federal Law “On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” ). Road traffic - a set of social relations that arise in the process of moving people and goods with or without vehicles within roads (Article 2 of the Federal Law "On Road Safety"). Accordingly, the use of roads is the movement of people and goods along the roads with or without vehicles within the roads.
Depending on the types of permitted use, all roads are divided into public and non-public roads.
Public roads include roads intended for the movement of vehicles of an unlimited number of persons, non-public roads - roads used by their owners or owners to meet their own needs.
Public roads, including local roads, can be both public and non-public roads. Lists of motor roads of general use of local importance, lists of motor roads of non-public use of local significance are approved by local governments of the respective municipalities.
Private roads are generally non-public roads. Private public roads include roads that are not equipped with devices that restrict the passage of vehicles of an unlimited number of persons. At the same time, the type of permitted use of the road is determined by its owner independently.
Rules for the use of roads are determined in accordance with the law, including the law on road safety (including the Rules of the Road) by owners and owners of roads. Accordingly, the rules for the use of local roads are approved by local governments.
All roads can be used both on a paid and free basis. This issue is also resolved depending on the type of road - by state authorities of the Russian Federation, a constituent entity of the Russian Federation, local governments or the owner of a private road.
In addition to the powers of local self-government bodies discussed above to carry out road activities in relation to local roads, the law assigns to them a number of other powers in the field of the use of roads and the implementation of road activities:
1) exercising control over ensuring the safety of motor roads of local importance;
2) development of the main directions of investment policy in the field of development of local roads;
3) making decisions on the use of public roads of local importance on a toll basis and on the termination of such use;
4) determination of the methodology for calculating and the maximum amount of payment for the passage of vehicles on toll roads of general use of local importance;
5) approval of the list of public roads of local importance, the list of non-public roads of local importance;
6) determination of the amount of damage caused by vehicles carrying heavy loads when driving on public roads of local importance;
7) setting the cost and list of services for connecting road service facilities to public roads of local importance;
8) the use of roads in the organization and conduct of measures for civil defense, mobilization training in accordance with the legislation of the Russian Federation, the elimination of the consequences of emergency situations on roads in accordance with the legislation of the Russian Federation in the field of protecting the population and territories from emergency situations;
9) information support for users of public roads of local importance;
10) exercise of other powers assigned by federal laws, laws of subjects of the Russian Federation to the powers of local self-government bodies.
From this list, as well as from the analysis of other norms of the law, it is clear that the powers of local governments extend mainly to local roads and are somehow connected with the provision of the territory with these roads and their further functioning.
With regard to private, as well as federal or regional roads, local governments exercise only certain powers related to urban planning in the field of road development:
- plan the development of the road network in urban planning documents, which in the future is the basis for issuing permits for the construction of private roads;
- local authorities agree on the planned placement of roads of federal or regional significance, provided for by territorial planning documents, in the cases established by the Town Planning Code (Articles 12, 16);
- local governments issue permits for the construction of private roads: local governments of a settlement - in relation to private roads, the construction, reconstruction or major repairs of which are planned to be carried out within the boundaries of the settlement; local self-government bodies of a municipal district - in relation to roads, the construction, reconstruction or major repairs of which are planned to be carried out within the boundaries of the municipal district in the territories of two or more settlements and (or) in inter-settlement territories; local self-government bodies of an urban district - in relation to roads, the construction, reconstruction or major repairs of which are planned to be carried out within the boundaries of the urban district;
- local self-government bodies establish roadside lanes for private roads located within the boundaries of municipalities: municipal district authorities - in relation to roads located or under construction on the territories of two or more settlements and (or) on inter-settlement territories within the boundaries of a municipal district or; local self-government bodies of a settlement - in relation to roads located or being built within the boundaries of a settlement; local self-government bodies of an urban district - in relation to roads located or under construction within the boundaries of an urban district.
Here we can also mention the authority to use roads in the organization and conduct of civil defense activities, mobilization training. This is carried out in accordance with the legislation of the Russian Federation, the elimination of the consequences of emergency situations on roads in accordance with the legislation of the Russian Federation in the field of protecting the population and territories from emergency situations.

Registration: 12/14/10 Messages: 1.419 Acknowledgments: 44

Non-standard chairman of the SNT

Registration: 14.12.10 Messages: 1.419 Acknowledgments: 44 Address: Serebryanye Prudy

Regulation of the use of local roads
The type of permitted use of a local road is determined by its owner independently. The law does not establish any rules and criteria. Obviously, the type of permitted use of the highway as a capital construction object should be included in the urban planning documentation. According to Art. 37 of the Town Planning Code of the Russian Federation, changing one type of permitted use of a capital construction object to another, located on lands to which town planning regulations do not apply or for which town planning regulations are not established (and this includes land occupied by linear objects, i.e. . including roads - article 36 of the Town Planning Code of the Russian Federation), for another type of such use are accepted in accordance with federal laws. However, the commented law does not establish special rules for changing the type of permitted use of the road.
Obviously, when determining and changing the type of permitted use of the road, local governments should proceed from real characteristics this road and road infrastructure in a particular area. It is important to keep in mind that non-public roads in accordance with Part 4 of Art. 5 of the Federal Law "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" can be only those roads of local importance that are assigned to the possession and use of the local administration or municipal organizations, i.e. transferred to them for economic management, operational management, lease or on another basis, to meet their own needs.
Highways of local importance for general use should be open to access by any individuals and legal entities.
The rules for the use of local roads are approved by local governments (part 2, article 27 of the commented law). Local authorities are responsible for the organization of traffic on local roads (Article 21 of the Federal Law “On Road Safety”). The general rights and obligations of road users are enshrined in articles 28, 29 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation".
In particular, the law provides for mutual liability - compensation for damage - of both road users and their owners for causing harm.
The user has the right to compensation for harm caused to his life, health or property in the event of construction, reconstruction, overhaul, repair and maintenance of roads due to violations of the requirements of the Federal Law, the requirements of technical regulations by persons engaged in construction, reconstruction, overhaul, repair and maintenance highways, in the manner prescribed by civil law (Article 28 of the law).

At the same time, users are prohibited from:
to carry out movement on motor roads on vehicles having structural elements that can cause damage to motor roads;
contaminate the road surface, allotment lanes and roadside lanes of motor roads;
use the drainage facilities of motor roads to drain or discharge water;
carry out within the boundaries of the right of way of motor roads, including on the carriageway of motor roads, work related to the use of combustible substances, as well as substances that may have an effect on reducing the adhesion of vehicle wheels to the road surface;
create conditions that impede road safety;
carry out the driving of animals through highways outside of a specially designated places agreed with the owners of highways;
damage roads or carry out other actions that cause damage to roads or create obstacles to the movement of vehicles and (or) pedestrians.
For this, administrative responsibility is established (Article 11.21 of the Code of Administrative Offenses of the Russian Federation), which does not exclude the possibility of municipalities filing claims for damages in accordance with civil law.
At the same time, municipal legal acts may establish certain requirements and restrictions on the use of motor roads, their right of way and roadside lanes. Such provisions should be based on the norms of federal legislation, primarily on the provisions of the Rules of the Road (Decree of the Government of the Russian Federation of October 23, 1993 No. 1090). The established requirements should be determined by socially significant goals, such as ensuring the safety of roads, improving road safety and bandwidth roads (Article 21 of the Federal Law "On Road Safety").
In particular, the local government has the right to introduce temporary restriction or suspension of the movement of vehicles on local roads:
1) during the reconstruction, overhaul and repair of motor roads;
2) during the period of occurrence of adverse natural and climatic conditions, in the event of a decrease in the bearing capacity of the structural elements of the highway, its sections;
3) in other cases, in order to ensure road safety (for example, provided for by the Order of the Ministry of Transport of the Russian Federation dated 08.01.1997, the Regulations on Ensuring the Safety of Transportation of Passengers by Buses were approved).
The law establishes that the procedure for temporarily restricting or stopping the movement of vehicles on highways is determined by the Government of the Russian Federation. Currently, only the procedure for temporarily restricting or stopping the movement of vehicles on federal highways has been normatively determined (Decree of the Government of the Russian Federation of March 20, 2006 No. 144, Order of the Ministry of Transport of Russia of April 10, 2007 No. 41).
The introduction of temporary restrictions or the cessation of the movement of vehicles on roads gives rise to the obligation of local governments to take measures to organize traffic, including through the arrangement of detours.
When driving on local roads a vehicle carrying dangerous, heavy and (or) oversized cargo in the event that the route of the vehicle passes along the local roads of the relevant municipality and does not pass along the roads (sections of roads) of federal, regional or intermunicipal significance or along the local roads of other municipalities, the local governments of the relevant municipalities:
- issue special traffic permits;
- coordinate the route of movement with the owner of the road, and if bulky cargo is being transported, also with the traffic police;
- establish the amount of damage caused by vehicles carrying heavy loads, which, by virtue of Art. 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" is subject to reimbursement by the owner of the vehicle.
In cases where the movement of a vehicle transporting hazardous, heavy and (or) bulky goods requires an assessment of the technical condition of roads, their strengthening or the adoption of special measures to equip roads, their sections, as well as structures and engineering crossings communications, the persons in whose interests these transportations are carried out, reimburse the owners of such roads, structures and engineering communications for the costs of carrying out the said assessment and taking the said measures until a special permit is received.
The procedure for issuing a special permit, the procedure for carrying out weight and dimensional control, including the procedure for organizing weight and dimensional control points, and the procedure for establishing a permanent route for a vehicle transporting dangerous, heavy and (or) bulky goods, as well as the procedure for compensating for damage caused vehicles transporting heavy cargo, and the procedure for determining the amount of such damage is established by the Government of the Russian Federation. In this regard, it is necessary to be guided by the Decree of the Government of the Russian Federation of September 22, 1999 No. 1079 "On measures to streamline activities related to the control of vehicles on highways."
Local self-government bodies exercise control over ensuring the safety of local roads. General requirements to the implementation of such control should be determined at the federal level. At present, one should be guided by GOST R 50597-93 “Automobile roads and streets. Requirements for the operational condition permissible under the conditions of ensuring road safety ”, approved by the Decree of the State Standard of Russia dated October 11, 1993 No. 221, and also take into account the current Industry road standards “Rules for diagnosing and assessing the condition of highways” ODN 218.0.006- 2002, approved by the Order of the Ministry of Transport of Russia dated October 3, 2002 No. IS-840-r. Also, local governments are required to submit statistical reports on roads in accordance with the Decree of the State Statistics Committee of the Russian Federation dated November 9, 2000 No. 108.
Local self-government bodies determine the cost and list of services for connecting road service facilities to public roads of local importance. In this part, you can focus on similar federal (there must be a decision of the Government) and regional acts regarding the relevant roads. Based on these norms, a specific agreement on the connection of a road service facility to the engineering communications of a motor road determines the fee charged from the owner of the road service facility. At the same time, it is necessary to pay attention to ensuring that the amount of the fee complies with the provisions of the antimonopoly law, based on which, in order to ensure non-discriminatory access to roads in similar circumstances, equal conditions for connecting road service facilities should be established in accordance with uniform connection rules.
Local self-government bodies are also obliged to provide information to users of public roads of local importance regarding the rules for using roads. In particular, information should be provided:
- on the fact and terms of reconstruction, overhaul, repair of the road and on possible detours, if necessary;
- about routes of vehicles on motor roads;
- on the conditions of movement of vehicles;
- on the timing of temporary restrictions and termination of the movement of vehicles on roads and detour routes;
- O allowable loads per one axle;
- about the speed of vehicles;
- on making a decision on the use of a public motor road of local importance on a toll basis and on the cost of vehicles, on the services provided, on the procedure, forms and system of their payment, on the list of services included in the cost of vehicles on such a road, and how such services are provided.

Organization of local toll roads
The law does not allow for the free transfer of existing roads to use on a toll basis.
Already existing roads can be used on a toll basis only if such a road is located outside the boundaries of settlements and if it is being reconstructed, including on the basis of concession agreements.
The roads currently existing in settlements are not subject to transfer to a toll basis. Only a newly built road in a settlement can become paid.
A prerequisite for the use of the road on a toll basis in all cases is the provision of free alternative travel - at the time of the decision or at the time of commissioning toll road. At the same time, the length of such an alternative passage should not exceed more than 3 times the length of the toll road, however, the law does not apply this requirement if: 1) more than 50% of the length of the toll road is bridges, tunnels and overpasses; 2) the construction of a toll road is carried out in the regions of the Far North and areas equated to them (moreover, from the context of clause 2, part 2, article 37 of the law, it follows that another special list should be approved specifically for the purposes of this Federal Law by the Government of the Russian Federation) .
The law does not stipulate any other restrictions on the transfer of the road to a toll basis (depending on the category or something else), nor other requirements for free alternative travel (including quality, throughput, type pavement and so on.).
Local governments must determine:
- rules for the provision of services for organizing the passage of vehicles on toll roads of general use of local importance;
- the method of calculation and the maximum amount of payment for the passage of a vehicle on toll roads of general use of local importance.
When developing municipal legal acts, one can be guided by the Temporary Rules for Organizing the Operation of Federal Highways and Road Facilities on a Toll Basis and the Temporary Rules for Determining the Cost of Traveling on Toll Highways and Road Facilities and the Use of Funds Collected for Tolls, approved by Decree of the Government of the Russian Federation of August 27, 1999 No. 973.
The amount of the toll is determined by the owner of the toll road (including the concessionaire), which must not exceed the established maximum amount of the toll. The amount of the fee should be equal for all users, the law names only the category of the vehicle (A, B, C, D, E) as a possible criterion for differentiating the fee.
Cases of exemption from tolls on a toll road are established for:
1) public transport (with the exception of taxis, including fixed-route taxis, as well as buses that carry out transportation in intercity and international traffic);
2) special vehicles equipped with devices for giving special light and sound signals and used to carry out activities fire brigade, police, ambulance, emergency services, military automobile inspection;
3) transport of federal postal organizations carrying out the transportation of postal items and money, as well as accompanying postal items and funds of employees of such organizations.
Other benefits for local roads may be introduced by decision of local governments exercising the powers of the owner of the road. Benefits can be established both for certain categories of users and for certain categories of vehicles.
If the owner and owner of the road do not match, then the rights of the owners to establish benefits must be determined by the decision of the owner or an agreement with him.

1) the occurrence of circumstances that prevent the use of the possibility of alternative free travel;
2) the introduction of martial law, a state of emergency, as well as the emergence emergency natural or man-made.
The decision to suspend the use of a toll road is made by the owner of the road and, if the toll road is used on the basis of a concession agreement, by the concessionaire. The period of suspension is determined by the elimination of these circumstances, but it cannot exceed 6 months.
Obviously, in the rules for the use of toll roads and in concession agreements, it is advisable to specify these circumstances and (or) determine the procedure for their establishment.
The decision to use a motor road of general local importance on a toll basis must be made after the approval of the design documentation for such a motor road in accordance with the Town Planning Code of the Russian Federation and before obtaining a construction permit (this applies to both cases of construction and cases of reconstruction of the road). Therefore, the law specifically stipulates that a decision to use a public motor road on a toll basis can only be made in respect of a motor road, the design documentation of which was approved after the date of entry into force of the Federal Law "On Highways and Road Activities in the Russian Federation and on the Introduction amendments to certain legislative acts of the Russian Federation”. However, public roads, decisions on the use of which on a toll basis were made before the day this Federal Law came into force, may be used on a toll basis in accordance with the said decision.
The use of the road on a toll basis is established for a certain period, which must be specified in the decision. However, the law does not establish any restrictions on the terms of use or, if possible, further extension of these terms.
The decision to use a local highway on a toll basis is made by the local government. Such a decision must be published within thirty days from the date of adoption in the manner prescribed for the publication of municipal legal acts, and also posted accordingly on the official website of the municipality (or, in the absence of such, on the official website of the subject of the Russian Federation free of charge).
The law regulates the features concession agreement in relation to a toll road (Article 38). In particular, additional conditions included in the concession agreement are highlighted. At the same time, a number of such conditions are mandatory, by virtue of the law, while other conditions can only be included, that is, by agreement of the parties.
Mandatory conditions include, in particular:
- insurance by the concessionaire of the risk of loss or damage to the toll road;
- the procedure and conditions for establishing and changing the toll for the passage of vehicles on a toll road and the procedure for collecting such a fee.
Optional conditions may be, in particular:
- distribution between the grantor and the concessionaire of the costs of designing, building, reconstructing the toll road, as well as in the future for the overhaul, repair and maintenance of the toll road (in general case according to the Federal Law “On Concession Agreements”, these obligations are borne by the concessionaire, while otherwise may be provided for the road);
- requirements for the provision of throughput and the mode of use of the toll road;
- obligations of the concessor to pay compensation to the concessionaire in case of failure to achieve the indicators of traffic intensity and composition of vehicles established by the concession agreement during the use of the concession agreement, as well as the conditions and procedure for calculating and paying the specified compensation; it is about compensating for lost income; this condition must be treated with caution, in principle, it contradicts international practice, especially since the design, construction and reconstruction are carried out by the concessionaire, and, accordingly, the failure to ensure the appropriate characteristics of the road is primarily his fault; the acceptance of such a condition, obviously, should be accompanied by a number of additional conditions, providing for, for example, a fairly active participation of the concessor in the preparation and approval of project documentation, possibly identifying the reasons and taking into account the degree of fault of the parties in the occurrence of these unfavorable circumstances, etc.; the establishment of such a condition, obviously, should be linked to the determination of the minimum guaranteed profit to the concessionaire, in comparison with which the lost income is determined;
- the procedure for the transfer by the concessionaire of all or part of the income received from the use of a toll road (based on Article 7 of the Federal Law "On Concession Agreements", this may be one of the options for establishing a fee under a concession agreement; if such a condition is not provided, then the fee may be determined in another way - in a fixed amount of money, in the form of transferring the property of the concessionaire to the concessor, but the payment is a mandatory condition of the agreement).
If the agreement establishes the transfer of income from the toll road in favor of the concessor, then the concessor is obliged to compensate the concessionaire for the costs associated with the construction, reconstruction, overhaul, repair and maintenance of the toll road.
The concessionaire may be granted ownership of land plots, and the law does not limit their location to the boundaries of the right of way or roadside. This means that other areas may be provided. True, the law links the provision of such sections with their necessity for carrying out activities under a concession agreement in relation to the road. It seems that the criteria here should be the concepts of the road and its purpose, as well as the types of activities provided for by law to serve road users - to provide road service facilities. You can also refer to Art. 90 of the Land Code of the Russian Federation, which defines transport lands as lands that are used or intended to support the activities of organizations and (or) the operation of road transport facilities. That is, land plots from transport lands should be provided for the needs of road activities. In paragraph 3 of the same article (set out in new edition) it is indicated what is considered to be the provision of land plots for the purpose of ensuring road activities - this is the provision for: 1) the placement of roads; 2) placement of road service facilities, facilities intended for the implementation of road activities, stationary posts of internal affairs bodies; 3) establishment of right-of-way roads. Meanwhile, the Federal Law “On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” does not operate with the concept of “objects intended for the implementation of road activities”, but when interpreting it, it is necessary to proceed from the concepts of road activities in this law as activities for the design, construction, reconstruction, overhaul, repair and maintenance of roads. However, in specific cases, various ambiguous interpretations cannot be ruled out, and there is still no judicial and other law enforcement practice. This issue is relevant due to the fact that the law establishes preferential conditions for rent for such land plots - no more than 1% of the cadastral value of these land plots (part 3 of article 39).
It should be noted that in the case of concluding a concession agreement, the introduction of fare benefits is possible by decision of both the owner-grantor (i.e., local government) and the concessionaire (Article 41 of the law). In this case, the owner must coordinate his decision with the concessionaire, unless otherwise provided by the agreement. The concessionaire, on the contrary, as a general rule, should not coordinate such a decision with the owner. This must be taken into account when determining the terms of the agreement.
When determining the terms of the concession agreement, one can refer to the existing practice of concluding such agreements on roads, first of all, the first experience in Russia in the construction of the Western High-Speed ​​Diameter in St. Petersburg.
Laying and reconstruction of engineering communications within the boundaries of the right of way and roadside lanes of local roads
This activity is not included in the content of the road activities of local governments, since the communications themselves, as mentioned above, are not included in the composition of roads. This activity is carried out by the owners of communications at their expense. At the same time, the law clearly regulated the procedure for its implementation and relations with road owners. These works within the boundaries of the right of way are carried out on the basis of an agreement between the owner of communications and the owner of the road, within the boundaries of the roadside - with the written consent of the owner of the road. In cases where, in accordance with the Town Planning Code of the Russian Federation, the issuance of a construction permit is required for the laying or reconstruction of such utilities, it is also mandatory to obtain such a permit. According to Art. 51 of the Town Planning Code, obtaining a construction permit is mandatory if the construction and other characteristics of reliability and safety in this case of the road are affected during the work.
If the laying and reconstruction of engineering communications will be carried out in the right of way of the road, then the construction permit is issued by the same body that is authorized to issue a permit for the construction of the road, i.e., depending on the value of the road. If the work will be carried out within the roadside, then the construction permit is issued by local authorities corresponding to the territory where the work is to be carried out - a settlement (when carrying out work within the boundaries of a settlement), a municipal district (when carrying out work on inter-settlement territories), an urban district (when carrying out works within the boundaries of the city district).
In the event that the laying or reconstruction of utilities within the boundaries of the right of way and (or) roadside lanes of a motor road entails the reconstruction or major repairs of the motor road, its sections, such reconstruction, major repairs are carried out by the owners of utilities or at their expense.
Provision of roads with road service facilities
The law does not include road service facilities in the composition of roads, respectively, the construction, reconstruction, overhaul, repair and maintenance of such facilities does not apply to the powers of local governments.
However, based on Art. 22 of the law, roads must be provided with road service facilities, and the minimum requirements for the provision of federal, regional or intermunicipal, local public roads with road service facilities located within the boundaries of the right of way of roads (indicating the number and type road service facilities), as well as the requirements for the list of minimum required services provided at such road service facilities, must be established by the Government of the Russian Federation.
This should be interpreted in such a way that, when developing urban planning documentation, local governments should plan the placement of such objects and otherwise create conditions for their construction, reconstruction, overhaul, repair and maintenance, and encourage private initiative. But they have no obligation to directly provide roads with road service facilities. Moreover, it can be said that such a right is also not provided for them.

Non-standard chairman of the SNT

Registration: 14.12.10 Messages: 1.419 Acknowledgments: 44 Address: Serebryanye Prudy

Road safety authority
According to paragraph 4 of Art. 6 of the Federal Law "On Road Safety", local governments, in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, within their competence, independently resolve issues of ensuring road safety, and this is an expenditure obligation of the municipalities themselves.
At the same time, the legislation of the Russian Federation on road safety in accordance with Art. 4 of this law consists of both federal laws and other regulatory legal acts of the Russian Federation (i.e., including by-laws), laws and other regulatory legal acts of the constituent entities of the Russian Federation. This means that even if by-laws entrust local governments with certain functions in the field of road safety, they will be considered as powers in the field of road use and road activities provided for by the legislation of the Russian Federation.
Thus, in the Federal Law “On Road Safety”, the jurisdiction of local governments includes the adoption and implementation of local programs aimed at reducing the number of traffic accidents and reducing the damage from these accidents, establishing temporary restrictions or stopping the movement of vehicles on the roads in order to ensuring road safety, carrying out activities to organize traffic in order to increase its safety and throughput.
Due to the broad wording of Articles 14, 15, 16 of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", referring to issues of local importance not only road activities in relation to local roads, but also "the exercise of other powers in the field of the use of roads and implementation of road activities in accordance with the legislation of the Russian Federation”, taking into account paragraph 12 of Art. 13 of the Federal Law "On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", these powers of local governments should also be recognized as their powers to resolve issues of local importance.
Disposal of land plots, the ownership of which is not delimited

Road lands

Article 90 of the Land Code establishes the following requirements for lands of road transport:

"P. 3. In order to ensure road activities, land plots may be provided for:

1) placement of roads;

2) placement of road service facilities, facilities intended for the implementation of road activities, stationary posts of internal affairs bodies;

3) establishment of right-of-way roads.

(Clause 3 as amended by Federal Law No. 257-FZ of November 8, 2007)

3.1. Land plots within the boundaries of the right of way of motor roads may be provided in accordance with the procedure established by this Code to citizens and legal entities for the placement of road service facilities. To create the necessary conditions for the use of roads and their safety, to ensure compliance with traffic safety requirements and to ensure the safety of citizens, roadside lanes are created. The establishment of the boundaries of the right of way of motor roads and the boundaries of roadside lanes of motor roads, the use of such right of way and roadside lanes are carried out in accordance with the legislation of the Russian Federation on motor roads and road activities.

Ensuring road safety is regulated by F federal law "On road safety" dated December 10, 1995 No. 196-FZ(as amended on December 28, 2013), extracts from which are given in a special subsection.

Relations arising in connection with the use of roads and the implementation of road activities in the Russian Federation are regulated by the Federal Law of 08.11.2007 N 257-FZ (as amended on 03.02.2014) "On highways in the Russian Federation and on amendments to certain legislative acts Russian Federation".

Road classification

According to road classification according to their meaning are divided into:

1) highways of federal significance;

2) motor roads of regional or intermunicipal significance;

3) motor roads of local importance;

4) private highways.

Further, motor roads, depending on the type of permitted use, are divided into motor roads common use and highways non-general use.

Public roads, depending on the conditions of travel on them and the access of vehicles to them, are divided into motorways, express roads and ordinary roads.

Division of public roads:
highways	express roads	ordinary highways
They have a dividing strip and do not have intersections at the same level; Access is possible only through intersections at different levels with other roads, provided no more than every five kilometers	access is only possible through interchanges or regulated intersections	ordinary highways may have one or more carriageways

The classification of motor roads and their assignment to the categories of motor roads (categories 1, 2, 3, 4, 5) are carried out depending on the transport and operational characteristics and consumer properties of motor roads in the manner established by the Government of the Russian Federation.

The following categories are established for highways:

• "motorway" is set to category IA,
• "high-speed road" is set to IB category,
• "ordinary motor road (non-high-speed motor road)" can be established by categories IB, II, III, IV and V.

Motor roads are divided into categories according to transport and operational characteristics and consumer properties depending on:

a) the total number of traffic lanes;

b) lane width;

c) shoulder width;

d) the presence and width of the dividing strip;

e) type of intersection with the road and access to the road.

Information about the road can be obtained from the following sources:

For land plots and other real estate, protected areas and roadside lanes - in the state real estate cadastre;

About registered rights, restrictions, encumbrances - in the unified state register of rights;

And also from the unified state register of highways.

Road right of way

Regulatory requirements for stripesroad diversion established in Article 25 of the Federal Law of November 08 2007

The boundaries of the right of way of the motor road are determined on the basis of the territory planning documentation and land allocation norms for the placement of motor roads and (or) road service facilities. In order to implement the Law, the requirements for documentation on the planning of the territory and the norms of allotment have been approved accordingly:

• by order of the Ministry of Transport of the Russian Federation of July 6 2012. N 199 "On approval of the Procedure for the preparation of documentation for the planning of the territory intended for the placement of public roads of federal significance"
• Decree of the Government of the Russian Federation of September 2 2009. N 717 "On the norms of land acquisition for the placement of roads and (or) road service facilities."

The provision of land plots for the construction of roads, the placement of areal and linear facilities in the right of way of roads are described in detail in the book: “Provision of land plots for the construction of oil and gas facilities, industry, transport, communication and power transmission lines. (A practical guide for the development of land management and cadastral documentation)» . M.: Uni - press, 5th ed. in 2 volumes (total 1280 A4 pages).

Ensuring road safety

When allocating land plots, establishing restrictions and encumbrances (servitudes) in the right of way of roads, the requirements for road safety. Ensuring road safety- activities aimed at preventing the causes of traffic accidents, reducing the severity of their consequences.

Basic requirements for ensuring road safety in the design, construction and reconstruction of roads.

1. The design, construction and reconstruction of roads on the territory of the Russian Federation must ensure traffic safety. Compliance of the constructed and reconstructed roads with the requirements of technical regulations and other regulatory documents is established by the conclusion of the federal executive body authorized to exercise state construction supervision or the executive body of the constituent entity of the Russian Federation authorized to exercise state construction supervision in accordance with the requirements of the legislation of the Russian Federation on urban planning activities.

2. Responsibility for the compliance of roads with the established requirements in terms of ensuring road safety at the design stage rests with the project executor, and at the stages of reconstruction and construction - with the work executor.

3. When designing, building and reconstructing roads, it is not allowed to reduce capital costs due to engineering solutions that adversely affect road safety.

Roadside lanes

Regulatory requirements for roadside lanes highways established in Article 26 of the Federal Law of November 08 2007 . N 257-FZ "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation".

Within the boundaries of settlements, roadside lanes are established, and outside they can be installed depending on the class and (or) category of roads, taking into account the prospects for their development, the width of each roadside lane is set in the amount of:

1) seventy-five meters - for motor roads of the first and second categories;

2) fifty meters - for highways of the third and fourth categories;

3) twenty-five meters - for motor roads of the fifth category;

4) one hundred meters - for access roads connecting the administrative centers (capitals) of the constituent entities of the Russian Federation, federal cities of Moscow and St. Petersburg with other settlements, as well as for sections of public roads of federal importance built to bypass cities with a population up to two hundred and fifty thousand people;

5) one hundred and fifty meters - for sections of highways built to bypass cities with a population of over two hundred and fifty thousand people.

The procedure for establishing and using roadside lanes of federal highways was approved by order of the Ministry of Transport of Russia dated January 13 2010 . No. 4. In the roadside lanes of federal public roads, the construction of capital structures is prohibited, with the exception of:

• facilities intended for servicing such highways, their construction, reconstruction, overhaul, repair and maintenance;
• objects of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation;
• road service facilities, advertising structures, information boards and signs;
• engineering communications.

The width of each roadside lane is set from the boundary of the right of way for such motor roads, and the decision to establish the boundaries of the roadside lanes of federal highways or to change the boundaries of such roadside lanes is made by the Federal Highway Agency.

Allocation of highways - provision of land plots -

Signed by: Prime Minister of the Russian Federation Vladimir Putin
Accepting body: Government of the Russian Federation
Date of signing: 02 September 2009

GOVERNMENT OF THE RUSSIAN FEDERATION DECISION

On the norms of land acquisition for the placement of roads and (or) road service facilities

(As amended by Decree of the Government of the Russian Federation of March 11, 2011 N 153)

In accordance with Article 25 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 norms of land acquisition for the placement of highways and (or) road service facilities.

2. Establish that the norms of land acquisition for the placement of highways and (or) road service facilities, approved by this Decree, do not apply to documentation on the planning of the territory, prepared before the entry into force of this Decree.

3. Has expired. - Decree of the Government of the Russian Federation of March 11, 2011 N 153.

Chairman of the Government of the Russian Federation V. V. PUTIN

NORMS OF LAND ALLOCATION FOR PLACEMENT OF ROADS AND (OR) ROAD SERVICE FACILITIES

1. To determine the boundaries of the right of way of a motor road (hereinafter referred to as the boundary of the right of way) depending on the category of the motor road, the number of lanes, the height of embankments or the depth of excavations, the presence of lateral reserves, the steepness of the slopes of the subgrade, the requirements for ensuring traffic safety and side visibility, as well as other conditions, the following norms of land acquisition for the placement of roads and (or) road service facilities (hereinafter referred to as the norms of land acquisition) are established:

a) for highways located on embankments - in accordance with Annexes No. 1 - 7;

b) for roads located in recesses - in accordance with Annexes No. 8 - 14.

2. Determination of the boundaries of the right of way in accordance with the norms of land acquisition in accordance with Annexes No. 1 - 14 to these norms and Annex No. 15 is not carried out in relation to sections of roads:

a) requiring, in accordance with the design standards of roads, including non-public roads, individual design solutions for the subgrade;

b) having an excess maximum height one of the embankment slopes or excavation depth of 12 meters;

c) located on the approaches to bridges, overpasses and tunnels;

d) located on floodplain areas and intersections of water bodies;

e) located in the first road-climatic zone, as well as in mountainous and rugged areas with a slope of more than 20 percent.

3. On the sections of motor roads provided for in paragraph 2 of these norms, the boundaries of the right-of-way are determined by calculation in the preparation of territory planning documentation, project documentation and engineering survey results.

4. In order to ensure the necessary conditions for the performance of work on the maintenance of motor roads, in addition to the boundaries of the right of way, established according to the norms for land acquisition in accordance with Annexes No. 1 - 15 to these norms, land plots with a width of at least 3 meters are provided on each side of the motor road.

5. In addition to the boundaries of the right of way, established according to the norms of land acquisition in accordance with Annexes No. 1 - 14 to these norms, by calculation, when performing engineering surveys, preparing design documentation and carrying out cadastral works, the size and location of land plots provided for the placement of structural elements of an automobile roads and road structures not provided for by the norms of land acquisition in accordance with the specified annexes, in particular transport interchanges, strengthening channels at culverts, jet-directing dams and traverses, straightening channels and cuts at bridges, berm devices to ensure the stability of slopes of the subgrade, cuttings of soil and cuttings of forest plantations to ensure visibility, evaporation pools, open cuts with a depth of more than 1 meter, bus stops entrances, exits, junctions, roads of a temporary nature, pedestrian and bicycle paths, cross-speed and additional traffic lanes, equipped in accordance with regulatory requirements, driveways for vehicles used in the maintenance and repair of a highway, protective and decorative forest plantations and devices, duplicating sections of roads with the necessary structures, anti-landslide, anti-mudflow, anti-avalanche, anti-noise and other protective structures, ditches, additional shelves or shoulders with a width of at least 4 meters, elements of the arrangement of roads, buildings and structures of the linear road service, facilities road service and other facilities that have special appointment for the maintenance of roads, other structures, provided for by the requirements and conditions included in the project documentation when preparing a draft act for choosing a land plot or performing cadastral work.

6. Norms of land acquisition necessary for the placement of intersections and junctions of highways at different levels are established in accordance with Appendix No. 15 to these norms.

7. The boundaries of the right-of-way provided, if necessary, for the placement of snow-protective forest plantations and devices, are established depending on the volume of snow, taking into account the maximum minimum distance from the edge of the subgrade of the highway to the outer border of snow-protective forest plantations in accordance with Appendix N 16.

8. The norms of land acquisition necessary for the placement of production facilities, individual elements of the arrangement of roads and road service facilities are established in accordance with Appendix No. 17.

9. The norms of land acquisition intended for placement of quarries (concentrated reserves) of soil and provided for temporary use are determined by calculation in the preparation of project documentation, taking into account the required volume of soil, the possible depth of the quarry, the thickness of the overburden, the probable shortage of soil in the quarry, as well as taking into account the land reclamation project.

10. Prior to the preparation of documentation for the planning of the territory and the development of project documentation to determine the boundaries of the right-of-way necessary to accommodate the roads planned for construction and reconstruction, averaged norms for land acquisition can be used in accordance with Appendix No. 18.

11. The boundaries of the right of way, determined in accordance with Annexes No. 1 - 14 to these standards, are intended to determine the maximum minimum dimensions of land plots required for placement:

subgrade between the lower edges of the slopes of embankments or the upper edges of the slopes of cuts;

double-sided ditches with embankment heights up to 1.5 meters in flat terrain and up to 2 meters in rough terrain, or one-sided ditches located on the upper side of embankments with a transverse slope of the terrain over 9 percent;

upland ditches and banquets located on the upper side of the excavation with a transverse slope of the terrain over 9 percent;

land plots intended to provide the necessary conditions for the performance of work on the maintenance of roads within the right of way, with a width of at least 3 meters on each side of the road, set aside from the bottom of the embankment or the edge of the excavation or from the outer edge of the slope of the drainage ditch (ditch) or other elements ( structures) specified in paragraph 5 of these standards.

Land acquisition rates not provided for by Annexes No. 1 - 14 to these norms are determined in accordance with paragraph 5 of these norms.

12. In annexes N 1 - 7 to these standards in the norm of land acquisition:

a) consisting of 3 numbers:

The 3rd number indicates the width of the right-of-way, taking into account the arrangement of lateral reserves 10 meters wide and 0.5 meters deep, 1 meter and 1.5 meters, respectively, if these reserves are a permanent structural element of the subgrade;

b) consisting of 2 numbers:

The 1st number indicates the width of the right of way, taking into account the provision of lateral visibility, and includes lanes adjacent to the edge of the carriageway on each side of the carriageway, 25 meters wide on highways of categories I - III and 15 meters on roads of categories IV and V;

the 2nd number indicates the width of the right-of-way, taking into account the arrangement of cuvettes;

c) consisting of one number, the number indicates the width of the right of way, taking into account the provision of lateral visibility and includes lanes adjacent to the edge of the carriageway on each side of the carriageway, 25 meters wide on highways of categories I-III and 15 meters on roads of categories IV and V .

13. Norms of land acquisition required to determine the boundaries of the right-of-way for motor roads with embankment slopes up to 3 meters high on motor roads of categories I - III and up to 2 meters on motor roads of categories IV and V, not provided for by the norms of land acquisition in accordance with annexes N 1 - 7 to these standards are determined by calculation in the preparation of project documentation.

14. The norms of land allotment necessary to determine the boundaries of the right of way, provided for in Annexes No. 1 - 14 to these norms, take into account the installation of bilateral ditches with an embankment height of up to 1.5 meters in flat terrain and up to 2 meters in rough terrain.

When calculating the indicated norms of land acquisition, the following parameters of ditches were taken:

for highways located on embankments:

cuvette shape - trapezoidal;

cuvette bottom width - 0.4 meters;

cuvette depth - 0.5 meters;

the laying of the inner and outer slopes of the ditches and side reserves correspond to the laying of the slopes of the embankment;

for roads located in recesses:

cuvette shape - trapezoidal; cuvette bottom width - 0.4 meters;

cuvette depth - 1.2 meters from the edge of the subgrade;

the laying of the inner slope of the ditch corresponds to the laying of the slopes of the embankment for the corresponding category of the road.

For other values ​​of the depth of the ditch and the steepness of its slopes, the width of the right of way, provided for in Annexes No. 1 - 14 to these standards, should be changed in accordance with paragraph 7 of these standards.

15. The norms of land acquisition necessary to determine the boundaries of the right of way for motor roads of category I with lanes of more than 8 are determined by calculation, taking into account the requirements established by these norms.

16. Determination of the boundaries of the right of way in relation to motor roads (sections of motor roads) that are part of the routes of international motor roads is carried out taking into account the requirements established by:

the European Agreement on International Highways (CMA), concluded in Geneva on November 15, 1975;

the Intergovernmental Agreement on the Asian Highway Network concluded in Bangkok on November 18, 2003;

Protocol on International Highways of the Commonwealth of Independent States, signed in Moscow on September 11, 1998

2. Depending on the class and (or) category of motor roads, taking into account the prospects for their development, the width of each roadside lane is set in the amount of:

1) seventy-five meters - for motor roads of the first and second categories;

2) fifty meters - for highways of the third and fourth categories;

3) twenty-five meters - for motor roads of the fifth category;

4) one hundred meters - for access roads connecting the administrative centers (capitals) of the constituent entities of the Russian Federation, cities of federal significance with other settlements, as well as for sections of public roads of federal significance built to bypass cities with a population of up to two hundred and fifty thousand people ;

5) one hundred and fifty meters - for sections of highways built to bypass cities with a population of over two hundred and fifty thousand people.

3. The decision to establish roadside lanes for motor roads of federal, regional or municipal, local significance or to change such roadside lanes shall be taken, respectively, by the federal executive body exercising the functions of providing public services and managing state property in the field of road facilities, the authorized executive body of the subject Russian Federation, local government.

(see text in previous edition)

4. The decision to establish roadside lanes for private motor roads or to change such roadside lanes shall be made:

(see text in previous edition)

1) by the federal executive body exercising the functions of providing public services and managing state property in the field of the road sector, in relation to private highways that are located on the territories of two or more constituent entities of the Russian Federation or whose construction is planned to be carried out on the territories of two or more constituent entities of the Russian Federation; Federations;

2) by the authorized executive body of the constituent entity of the Russian Federation in respect of private highways located on the territories of two or more municipalities (municipal districts, urban districts) or the construction of which is planned to be carried out on the territories of two or more municipalities (municipal districts, urban districts) ;

3) by the local self-government body of the municipal district in respect of private motor roads located on the territories of two or more settlements and (or) on inter-settlement territories within the boundaries of the municipal district or the construction of which is planned to be carried out within the boundaries of the municipal district on the territories of two or more settlements and (or) ) in inter-settlement territories within the boundaries of the municipal district, as well as in relation to private roads that are located in the territories rural settlements(except for the case specified in clause 3.1 of this part);

(see text in previous edition)

3.1) by the local self-government body of a rural settlement in relation to private motor roads that are located on the territory of a rural settlement (in the event that the law of the constituent entity of the Russian Federation assigns to rural settlements the issue of carrying out road activities in relation to motor roads of local importance within the boundaries of settlements of rural settlements);

4) by the local self-government body of an urban settlement in relation to private motor roads that are located within the boundaries of an urban settlement or the construction of which is planned to be carried out within the boundaries of an urban settlement;

(see text in previous edition)

5) by the local self-government body of the urban district in respect of private motor roads that are located within the boundaries of the urban district or the construction of which is planned to be carried out within the boundaries of the urban district.

5. The federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body that has made a decision to establish roadside lanes for motor roads of federal, regional or intermunicipal, local significance or to change such roadside lanes, within seven days from the date of such a decision send a copy of such a decision to the local self-government body of the urban district, the local self-government body of the municipal district, the local self-government body of the settlement, in respect of whose territories such a decision was made.

(see text in previous edition)

(see text in previous edition)

7. The marking of the boundaries of roadside lanes of motor roads on the ground is carried out by the owners of motor roads at their expense.

(see text in previous edition)

(see text in previous edition)

8.2. If the preparation of territory planning documentation is required for the placement of a capital construction object, the territory planning documentation providing for the placement of such an object within the boundaries of the roadside of a motor road shall be agreed with the owner of the motor road prior to its approval. This consent must contain technical requirements and conditions that are subject to mandatory execution. At the same time, obtaining consent for the construction, reconstruction of an object within the boundaries of the roadside of a motor road in accordance with part 8 of this article is not required.

8.3. Notification of consent to the construction, reconstruction of an object provided for by Part 8 of this article within the boundaries of the roadside of the highway with documentation on the planning of the territory, providing for the placement of the capital construction object within the boundaries of the roadside of the highway, or on refusal to approve the construction, reconstruction of such an object, documentation on territory planning is sent by the owner of the motor road to the person who applied for consent to the construction, reconstruction of such an object within the boundaries of the roadside of the motor road or for the approval of documentation on the planning of the territory, providing for the placement of a capital construction object within the boundaries of the roadside of the motor road, within thirty days from the date of receipt of the said application. In the notice of refusal to approve the construction, reconstruction of such an object, documentation on the planning of the territory, all reasons for such refusal must be indicated.

Right-of-way - a term applicable to those areas of land where the construction of road structural elements is possible. When allocating a road strip, the quality and quality of the road are not considered. In addition to the roads themselves, facilities that provide services, as well as facilities necessary for the correct functioning of the route, can be arranged on the right of way. The right of way is the boundary of the land allocated for vehicles.

Roads and terms

Under roadside It is customary to understand such a territory, which on both sides directly adjoins the place intended for the movement of vehicles. Within the boundaries of the roadside area, there is a special strict regime for the use of each square centimeter of the area. It is necessary to equip the areas in such a way that the movement by car is as safe as possible. In addition, the right of way is arranged with the expectation of the upcoming reconstruction and even major repairs. The site is created in such a way as to simplify the tasks of maintaining the track, to guarantee the longest possible safety of the road. A professional approach to land allocation necessarily takes into account the development of the highway in the future, evaluating all possible prospects.

Roads and laws

A roadside right-of-way is not required if the road is laid in a built-up area. In all other cases, when allocating a piece of land, it is necessary to analyze the prospects for a possible increase in the flow of vehicles and the expansion of the route.

Current standards:

• 75 meters for 1 and 2 categories;
• 50 meters for 3 and 4 categories;
• 25 meters for category 5.

When arranging, SNiP must be taken into account. Highways - places heightened danger Therefore, the issues of reliability and quality come first.

Additional standards

When creating roads that would connect the capitals and administrative centers, as well as Moscow, St. Petersburg with other cities, routes that would connect the common right-of-way, it is necessary to make 100 meters.

150 meters is the standard for those sections that are intended for a bypass of large settlements (those where 250,000 people or more live).

The governing body of a particular subject chooses the boundaries when taking into account SNiP. Highways - the area of ​​responsibility of the federals, municipalities, regionals, officials local level. This is what the executive branch does. Roads and their boundaries are the task of local governments or those that are in charge of state road property.

Practical aspects

An interested person draws up a project for the right of way. In some cases, this is formalized under a government contract, if it is a road that will then be the property of the state. If it is necessary to equip a private route, the owner takes over the tasks of the project.

It will not work to make a project “on the knee”, you will have to turn to specialists. Designers will develop a complete package of supporting documentation, on the basis of which the authorized local authority decides on approval or sends it for revision. Only after the complete execution of the package of documents and the receipt of visas of all interested parties, it will be possible to start work. Obviously, the owner will have to pay for everything.

And who can do it?

The roadside area is not a place that anyone can equip. Only real professionals are allowed to work, because it depends on how safe and reliable the track will be.

The work should involve design engineers, civil engineers with a specialization that involves the construction of roads. There are no strict criteria for selecting specific workers who follow the instructions of foremen, but preference should be given to those who have already dealt with the creation of routes. The tasks are complex, require the use of special equipment, so learning from scratch is frankly not easy.

Nuances

The right of way is allocated for permanent use, that is, the operation does not have a clearly defined period. But the additional width of the right of way, which builders receive for work, is issued only for a specified period of time - while work is underway to create the route.

The lanes are allotted in strict accordance with how the construction is progressing. Each stage has its own section. Which lanes and when are allotted is determined by the project documentation.

The choice of a land plot for the right of way is made in accordance with the land legislation in force at the moment. Also, provisions have been developed for the restoration of land, which are mandatory for accounting, since when creating a route, a strong destruction of the natural layer of soil occurs. In addition, other regulations are in force, including local documentation, which are required to be taken into account for the correct allocation and creation of right of way of the highway.

Right-of-way in tables

The tables presented to your attention demonstrate how large the width of the stripes should be.

The category of roads and how many lanes there will be are key factors in determining a specific amount. In addition, lateral reserves and excavations, slopes, if any, are laid down by the project documentation, should be taken into account.

Summing up

The creation of a highway is not an easy task that requires an extremely responsible approach. During construction new track a prerequisite is the correct creation of the project, taking into account not only the requirements of the present, but also the prospects for the coming decades.

Correct reasoning when claiming land from the state ensures that the builders will have at their disposal required amount meters along the road under construction. This will help to safely position the vehicles used in the work and ensure the quality of the road itself. The right-of-way created at the same time will be the key to the safety of motorists on the highway in the future.

When creating a right of way, it must be taken into account that this territory is actively used to equip service points. For them, in turn, it is necessary to make the infrastructure. Taking into account the future development of the territories, already in the road design, it can be guaranteed that the lanes will be sufficient in size, reliable and fully satisfying the requirements not only at the time of construction, but also in the future.