The quality of rural roads in many regions leaves much to be desired. The problem arises both from non-compliance with road construction technology and from the fact that those responsible for roads simply ignore their responsibilities.
Despite the fact that for shortcomings in the maintenance of the road lane a fine of 300,000 rubles is imposed (under Article 12.34 of the Code of Administrative Offenses of the Russian Federation), the resolution of the issue does not budge. A bad road to a village not only deteriorates the safety of travel along it, it also reduces the attractiveness of life in rural areas.
It is necessary that you can easily get from the village to the city to solve any of your business, and you often won’t run into potholes. But in order to get a fine for irresponsible owners, you need to know who is responsible for the roads to the village.
Who should repair
According to Federal Law No. 131 of October 6, 2003, which determines the organization of local self-government of the state, all issues related to local roads fall within the competence of such bodies.
The local administration must monitor the condition of highways in the village, carry out repairs of rural roads, thereby ensuring road safety. A road with potholes, potholes, and lack of road signs is a direct threat to drivers, passengers, and pedestrians. The administration that manages the life of the village must know all its responsible powers, including in the road sector.
ATTENTION! In Federal Law 131, Articles 1 and 6 are devoted to the powers of local administrations in the road sector.
It is also necessary to take into account other legislative acts that define responsibilities and rights in relation to road management and road operation.
Legal grounds for recovery of damages
In accordance with Art.
28 of Law No. 257-FZ, road users have the right to receive compensation for damage resulting from violations of legal requirements in the field of road traffic, including during construction or repair work, reconstruction, and road maintenance activities, in the manner prescribed by civil legislation. This norm corresponds to the provisions of paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, according to which damage is subject to compensation in full by the person who caused it. Also in this situation, it is possible to recover compensation for moral damage in accordance with Art. 151 Civil Code of the Russian Federation. To exercise the rights provided for by the above standards, it is necessary to determine which damage to the road does not meet the requirements.
The main document regulating the condition of highways is “GOST R 50597-93. State standard of the Russian Federation. Highways and streets. Requirements for operational condition acceptable under the conditions of ensuring road safety” (approved by Resolution of the State Standard of Russia dated October 11, 1993 No. 221). This act establishes requirements for the quality of the road, as well as maximum permissible deviations from the norm in relation to existing deficiencies (size of holes, lack of signs, etc.). All requirements of the standard are strictly mandatory and are aimed at creating conditions under which road safety will be ensured.
The fact of damage to the car due to the non-standard condition of the road must be associated with an accident, which must be properly documented.
If a car is damaged due to the poor condition of the roads, as in other accidents, it is necessary to stop the vehicle, turn on the hazard lights and display a warning triangle, report the incident to the police, write down the names and addresses of eyewitnesses and wait for the arrival of police officers. Before the arrival of traffic police officers, you must independently record the damage to the car and road surface, the braking distance of the car, including with reference to the terrain. It is also necessary to record the presence or absence of signs warning of a dangerous obstacle, as well as their correct installation and legibility.
These materials will become adequate evidence that the driver is not at fault in an accident. In this case, there must be no violations by the driver of traffic rules (for example, compliance with the speed limit), if observed, it would be possible to avoid an accident.
Documents recording road accidents must reflect, among other things, the connection between the fact of damage to property or harm to health and the road accident due to defects in the road surface. The inspection report of the scene of the accident (accident diagram) must indicate the size of the subsidence of the roadway (potholes, other damage) and its location relative to the boundaries of the roadway (with reference to the side of the road), traces of skidding or braking, and the location of the vehicle relative to the boundaries of the roadway. A report drawn up by a traffic police inspector can be used as evidence of failure by a local government body to fulfill its obligations to maintain a highway, which resulted in damage.
The provisions of GOST R 50597-93 determine the maximum permissible sizes of individual subsidence, potholes, etc. Thus, according to section 3 of GOST R 50597-93, the roadway surface should not have subsidence, potholes, or other damage that impedes the movement of vehicles permitted by road rules. movement speed. Limit sizes of individual subsidences, potholes, etc. should not exceed 15 cm in length, 60 cm in width and 5 cm in depth. Dangerous sections of highways, streets and highways in cities and other populated areas must be equipped with fences and warning signs.
We also note that the hatches on the roads must ensure traffic safety, that is, they must be closed. Thus, in accordance with clause 3.1.10 of GOST R 50597-93, the manhole cover should not be deviated from the coating level by more than 2 cm.
If damage is caused to the car when skidding on ice, it will not be possible to recover damages, since in accordance with clause 10.1 of the Traffic Rules, the driver must choose the speed and distance based on road and weather conditions. But if the car is damaged by an icicle falling from the roof of a house, then there is a chance of successfully recovering funds from the person responsible for maintaining the house. In such situations, it is also possible to bring the culprit to administrative responsibility, which will further simplify the recovery of damage caused.
Therefore, only if the dimensions of a subsidence, pothole or other defect recorded after an accident exceed the permissible dimensions, and special signs were not installed informing about the existing defects/dangers/work being carried out or other requirements were not met, then there are grounds for recovery compensation for damage and moral damage. The amount of damage caused is determined based on the opinion of an independent expert.
After collecting all the necessary documents and identifying the culprit, you must go to court with an appropriate statement of claim for compensation for damage caused by the traffic accident. A claim for compensation for material and moral damage caused as a result of a traffic accident is satisfied from the treasury of the municipality.
Administration
It is necessary to monitor the condition and safety of roads and highways in rural settlements, between villages and villages, and carry out appropriate measures to ensure that local roads meet standard requirements.
Local administration deals with a wide variety of issues related to the management of a certain territory and settlements. It must also monitor the quality of roads and carry out stages of construction of new routes.
Roads should be as suitable as possible for use by different types of road transport. Local authorities carry out road repair work, always remove snow debris, and, if necessary, clean plantings along the highway.
Remember
Intra-block driveways and sidewalks located in the formed local area of the apartment building are the area of responsibility of the organization managing the house, since they are part of the common property of the owners. Management organizations and homeowners' associations do not always have enough funds for their maintenance and repairs, because in the house itself, especially if it is an old housing stock, many problems need to be solved.
However, the management authority and the HOA should remember that the unsatisfactory condition of the intra-block passage or sidewalk near the apartment building can lead to complaints from residents, and then to administrative liability for violation of licensing requirements and fines under Art. 14.1.3 Code of Administrative Offenses of the Russian Federation up to 300 thousand rubles.
Where to complain
How to achieve repair of poor-quality road surface in a village? Modern technologies for construction and repair of road surfaces make it possible to restore roads quickly, without discomfort for the population.
Construction materials for such work are also available in any region. Therefore, the local administration has no excuse for poor connectivity in rural areas.
How to force the administration to make a road in the village and ensure comfort and safety of travel within the village and beyond?
The village population needs to send an application for repairs to the administration, indicating the responsibility of the local government to solve such problems. If there is no response to the application from local authorities, you need to file a complaint with the prosecutor's office and a lawsuit in court.
The prosecutor's office and the court will definitely respond to the application if it reminds you of the dangers of poor-quality road surfaces. It poses a threat to all road users, as well as to pedestrians walking along the side of the road.
ATTENTION! Failure of local government bodies to fulfill their responsibilities in relation to rural roads poses a threat to the lives of those living in the village.
The lack of good road surface means that ambulances, rescue services, firefighters, and police cannot quickly arrive in the village . As a result, dangerous situations that arise in populated areas only get worse and can result in human casualties.
Who is responsible for the condition of the roads?
Any road belongs to someone, and the owner is responsible for its condition. In the city, this is municipal property, so the city authorities are responsible for repairs. The road near the shopping center is most likely under the control of its owner, so the administration must patch it up. In the yard Explanation of the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia that the entrances to residential buildings are under the jurisdiction of the State Traffic Inspectorate - this is the local area or municipal property. Depending on the owner, either the management company, the HOA, or the city authorities must repair these areas.
It doesn't matter who owns the road. The main thing is that any road can be repaired.
What to do
Despite the fact that, by law, a village must be under the constant attention of local authorities, its residents must also not be indifferent. If the administration is passive, you need to take action yourself, write a statement, contact the prosecutor’s office.
You need to order a master plan from the administration for the area where the bad road is located. Based on the plan, you can determine the owners of the territory. It will also be possible to determine the passage of the road and its width.
It is also necessary to find out the type of road, taking into account the standard classification. Then a plan for repair work on a particular road section is drawn up.
The local administration must respond to the appeal of representatives of the population. If you receive an application for road repairs, you need to look for ways to solve the problem.
The prosecutor's office can help the village population (if the government authorities are inactive). The prosecutor's office conducts an inspection and issues instructions to the owner of the road section to immediately begin repairs.
An important support for the application of the village residents will be the act from the traffic police officer, who is called to the site to draw up the document.
Recommendations
To recover damages caused by an accident in court, it is necessary to provide evidence confirming the fact of harm, the amount of damage, and the cause-and-effect relationship between the traffic accident and the consequences that occurred.
The fact of inappropriate condition of the road is recorded when drawing up documents about the accident (diagram of the location of the accident). The burden of proving a cause-and-effect relationship between the fact of an accident, the damage received and the condition of the road falls on the shoulders of the car owner. It is also necessary to prove that the driver followed the traffic rules and had no opportunity to avoid the accident.
You need to be prepared for the fact that a representative of the administration will challenge the correctness of the diagram of the scene of the incident by traffic police officers. However, the court will not accept such objections if the diagram is drawn up correctly with the participation of attesting witnesses. The absence of an administration representative during the assessment examination will not in any way affect the outcome of the case if the administration was notified of the place and time of the examination.
Thus, if an accident occurs due to the unsatisfactory condition of the road surface in the absence of road signs warning about this, compliance with traffic rules while driving and proper registration of the incident by traffic police officers, there are sufficient grounds to recover from the administration of the municipality the damage caused, moral damages and incurred costs (expenses for the examination, representative services, etc.).
It is worth keeping in mind that the court may refuse to satisfy the claim if the evidence presented by the plaintiff does not allow an indisputable identification of the person responsible for causing damage to the vehicle, there is no detailed diagram of the traffic accident, or the driver violates traffic rules.
Quality requirements
Several GOSTs have been developed that define the requirements for the condition of highways. According to GOST 52766-2007, general requirements are set; GOST 52398-2005 specifies the classification of roads and a list of requirements for them.
Special SNiPs have been issued with rules for road repairs. Repair work on rural roads is carried out, according to GOST 50597-93, within 10 days, expressways must be repaired within 5 days.
If responsible persons do not comply with road safety requirements, do not carry out timely repairs, or do not fulfill maintenance obligations, they are subject to administrative fines. The local administration has no right to inaction in eliminating problem areas on the road that pose a threat to the safety of movement along the highway.
How to get roads repaired?
Once you know who should repair the coating, it's time to take action. First of all, you need to photograph the broken road with all the potholes, holes and other imperfections. After this, a letter is drawn up to the municipality, to which photographs are attached. Even one person has the right to write it, although collective appeals are more effective.
The form of the letter can be arbitrary, but it must contain the following information:
- Addressee details.
- Personal and contact details of the applicant.
- Address and exact location of the problem area.
- Problems that residents have to face due to bad roads. But you don’t have to write anything at this point; officials still have to resolve the issue of repairs.
If the appeal is made on behalf of a group of residents, it is worth choosing a responsible person who will liaise with the administration. A response should be sent to his home address or email.
The application must be drawn up in two copies. One copy is handed over to the administration of the city or district to which the street belongs. The second one (with the recipient’s signature) remains with the residents. Another option is to send the document by registered mail with return receipt requested. If the letter contains several pages, they must be numbered and a signature must be placed on each sheet.
After submitting the application, you will only have to wait for the result. Authorized persons are given a month to review it. But the problem is that the budget (including for such items as road repair and construction) is usually formed annually. If the costs are just being planned, and officials deem the restoration of the road surface expedient, the money will be allocated.
Otherwise, you will have to wait for the budget for next year to be approved. But in any municipality there is an item of expenditure for unforeseen needs. If the road is really in a state of disrepair, and the residents show persistence, the necessary funds can be obtained from the NZ.
Legal advice
The legislation defines responsibility for the construction, repair, and maintenance of rural roads. If villagers are not happy with the quality of the road in their community, they must act in accordance with the law and hold the local government accountable. In your actions you should rely on the provisions of Federal Law number 131 and number 257.
IMPORTANT! Federal Law 131 of October 6, 2003 (Article 14, paragraph 1, subparagraph 5) indicates that compulsory medical authorities are responsible for all issues related to repairing a rural road and maintaining its safety.
According to Federal Law 257 of November 8, 2007, the local administration must carry out such types of road activities as control over the safety of local roads.
To protect your rights, lawyers recommend contacting the local government administration first, and only if it fails to act, contact the prosecutor’s office and the court. The inaction of responsible persons must be declared illegal.
In order to make your statement more significant for the prosecutor's office, you need to focus on the danger of bad roads for road users. And also that the poor route to the village causes a delay in the arrival of ambulances and fire brigades.
What should the roads be like in SNT?
According to accepted standards, the width of the carriageway of streets must be at least 7 m, and driveways - at least 3.5 m. SNiP 30-02-97 also contains information on turning radii - not less than 6.5 m.
Such requirements were not established by chance. Compliance with them allows special fire equipment to arrive at the scene of a fire without hindrance. If you do not respond quickly, the fire will spread to neighboring areas and both people and their property may be damaged.
It is clear that in old garden partnerships, which were built without plans and infrastructure, such standards were not met, so their roads need modernization. And to carry it out, it is necessary to take away part of the land from the areas bordering the road. Owners are often reluctant to take such a step, but safety is much more important than an extra bed.
Moreover, the expansion of passage between sites can also be carried out forcibly: the fire inspectorate records the violation and transmits the information to the housing inspectorate.
Modernizing the road in SNT requires some sacrifices and significant funds from SNT members, but there is no escape from it. Administrations of individual regions are also getting involved in this matter, providing financial assistance. In the Leningrad region alone, for example, last year SNT received over 40 million rubles from the regional budget, which were spent on maintaining electrical networks and repairing roads.
What to do if there is no access to the land plot?
After acquiring a plot of land, it may turn out that there is actually no access to it, or there is a road, but it runs through someone else’s territory. The procedure depends on the situation:
- There is no access at all - the neighbors put up a fence so that the plot ended up in a closed “ring”;
- There is a passage, but the land under it belongs to a private person (the owner of the neighboring plot);
- There is a road, but the area underneath is owned by the municipality.
In each of these cases, the procedure for gaining access to the territory will be slightly different. But there is a general procedure that is resorted to in such situations.
- If the site is located within the boundaries of a populated area, you must contact the head of the local administration to establish a public easement.
- When the plot is located outside the municipality, such an application is sent to the district administration.
- It is impossible to establish a public easement (there are no grounds), or the land belongs to a private person - a private easement will have to be established.
If no other options for organizing access to the land plot are found, representatives of the local or district administration have the right to establish a public easement to the territory. But it is important to consider that the right of way can be temporary or permanent. The first option is suitable if the road is needed during construction, and the second - in all other cases.
A private easement will have to be negotiated directly with the land owner. Usually the right of way is established for a certain fee (monthly, quarterly, etc.). For these purposes, an agreement is drawn up. It was not possible to reach an agreement - the easement can be established in court.
There is an option when access to the site is impossible due to illegally installed fences or real estate. In this situation, all the above actions are carried out after eliminating such obstacles. You can initiate the procedure by writing a complaint to the municipality. Given the complexity of the procedure, it must be carried out by specialized lawyers. This way you eliminate the risk of refusal and get a guarantee of organizing travel to the site.
Where should I go to find out who should want the road to the site?
- Road activities within the boundaries of populated areas or beyond them are carried out by the administration of the settlement, municipal district or district.
- To find out who should build the road to the site, you need to study the land documents, checking which municipality it belongs to.
- As a general rule, you must contact your local municipality for track construction. At the same time, you will definitely be faced with the order of execution of road construction work.
- In addition, the authorities may refuse due to insufficient funding or will delay the creation of an entrance, citing a lack of funds in the budget. In this case, obtaining the desired road is delayed for many years.
- If you find yourself in a similar situation, you can carry out the work at your own expense. This will require permission, an agreed design and technical specifications.
- Directly for laying the canvas you must contact a licensed company.
- You will have to carry out construction yourself if the site was not properly registered, or if it is not listed in the state real estate cadastre.
Our services:
Registration of the road through the court - from 80,000 rubles.
Creating a road (new lease in a populated area) - from 70,000 rubles.
Registration of the road in the application-claim procedure - from 40,000 rubles.
