At the meeting of the Council for the protection of the rights of entrepreneurs was considered the case of bringing business entities to the administrative responsibility for the excess of allowable weight parameters during transportation of goods

The problems faced by transportation companies have systematic character, due to a large number of complaints of entrepreneurs. The fact is that the inspection of transport control attracts to administrative responsibility transportation companies, though, it often acts in violation of applicable laws. In addition, during the review it became clear that the law does not govern the procedure for weighing liquid goods, there is no method of weighing liquid cargo, in particular liquefied petroleum gas.

"How can you say that we are violating the rules of carriage of goods, when the inspection body does not comply with the standards - shared the problem the representative of LLP "Firm "Rodnik". - In particular, the platforms for weighing of cargoes should be established strictly on a horizontal surface, the tolerance of the weighing plate is 1-2 mm, the slope should be no more than 1 degree, while the inspection of transport control weighs vehicles directly on the side of the road on uneven surface, interspersed with rocks and gravel".

Council members learned from the Acting Head of Department of Transport Inspection Samat Gumarov that a stationary point for weighing vehicles with a load does not exist, there are two mobile points, and asked a reasonable question: "how do you define the permitted deviation of 1-2 mm on the eye?". To what Samat Gumarov could not answer. He failed to answer the question of representatives of LLP "Tuvia Kazakhstan" and LLP "Zhaiyk Munai", which transport liquid and hazardous cargo. They asked why the inspectors weigh cargo immediately, not letting the liquid to "calm down", although it is known that for certain time occurs fluid motion in the tank, and the outcome data is not objective. "According to the norms, the liquid cargo shall be weighed in one hour, only then you can expect precise weighing parameters, - said the representatives of the transportation companies. - And they do not let it stand even five minutes, not speaking about one hour. And how can our cargo exceed the norm when we weigh it before sending, and we never exceed the maximum allowable parameters always, we load it by 80% because of the constant fines. We could load it less, but safety equipment does not allow, with a smaller load will be turbulence, which may lead to an explosion".

The information presented by the Acting Head of Transport Prosecutor’s Office D. Voevodkin, identified a number of violations on the part of Transport Inspection related to the lack of special facilities, providing a uniform layout of all axles of the vehicle during the weighing process. He quoted the example of LLP "Helios", which complained to the Transport Prosecutor's Office on unlawful actions of the Inspection of Transport Control, the staff of which brought  to administrative responsibility the owner of the cargo with allowable weight parameters. The staff of Transport Prosecutor's Office during visual inspection of the place for weighing cargo determined that the road surface on which the motor vehicle was weighed was uneven, and therefore the weighing results can’t be objective. When we re-weighed the vehicle the fact of exceeding the maximum allowable weight parameters was not confirmed.

The same facts were confirmed by representatives of LLP "Firm" Rodnik", LLP "Zhayykmunay", LLP "Tuvia Kazakhstan".

The representative of LLP "Zhayykmunay" also voiced a problem when both the carrier and the consignor of cargo are brought to administrative responsibility for the excess load twice. That is, double payment of fine. "And fine are high, we are tired to count the claims of the transport inspectorate. Several times we tried to challenge in court – but it is useless! "- Appealed to the members of the Council the representatives of shippers. During the review another problem has been identified: there is no specialized car tow for heavy trucks in the area. "The fact that 40-tonne overloaded trucks with gas stand on the same car with conventional cars without license plates, is absolutely wrong, - commented a representative of the Council for the protection of the rights of entrepreneurs, a member of the Regional Bar Association Galymzhan Ishchanov. - Tomorrow, someone will lite a cigarette and throw the cigarette butt outside of the oil tankers, and the third of the town will explode".

The Council decided to strengthen cooperation with regional prosecutor’s office and inspection of transport control of the WKR in matters of protection of the rights business in this issue, to send to NCE RK "Atameken" proposals for changes in the order of the Minister for Investment and Development "On approval of the permissible parameters of vehicles intended for movement on the roads of the Republic of Kazakhstan" in terms of non-proliferation of axial weighting method to the carriage of certain goods (liquid, gas, etc.), and the development of the Methodology for weighing vehicles by the Ministry of investment and development of Kazakhstan.

A member of the Council, deputy akim of the region Igor Steksov said that he plans to hold a meeting with representatives of the Ministry of Transport soon, at which he will raise the issue.