General Scheme of Placement of Road Service Area Facilities along Federal Highways is Developed

28 october 2015

The Analytical Center held a round table on 'Regulatory support, practical tendencies of development of road service area facilities along federal public highways.' The event, moderated by the expert of the Analytical Center Mikhail Nizov and held on July 29, was the continuation of the first expert discussion on amendments to applicable legislation and harmonization of it with the legal documents of the Customs Union, including as it relates to the unification of definitions and terms. According to experts, it is necessary to solve basic, core issues of the development of road service.

Nikolai Kopylov, the Chief Lawyer of 'Invest-Consult' - the company that has developed amendments to laws and the general scheme of the road service placement of alongside federal highways under the order of the Federal Road Agency, was the keynote speaker of the event.

He has talked about propositions on amendments to applicable legal acts of the Russian Federation related to creation and operation of the road service placement. According to him, there is a number of mismatches of provisions of the 'Road Safety' Technical Regulations of the Customs Union with the national legislation of the Russian Federation. Differences in approaches to technical regulations are manifested primarily in filling concepts of 'road service placement' and 'road service objects'. In order to harmonize provisions of the Technical Regulations of the Customs Union with the national law of the Russian Federation the following amendments to the Technical Regulations are proposed: to eliminate the concept of 'road service object'; to provide a possibility of 'road service placement' in the roadside and the right-of-way; to clarify the definition of 'arrangement element'; to introduce the concept of 'rest area' as an arrangement element; to clarify the definition of 'right-of-way.'

Mr Kopylov also proposed amendments to the Resolution of the Government of Russian Federation N 374 'On approval of the Provision on the Federal Road Agency' and in an Order of the Ministry of Transport of Russia 'On establishment and use of right-of-way of federal roads', directly pointing out that decisions on establishment and provision of land within the boundaries of forest land also falls within the competence of the Federal Road Agency.

It is proposed to extend the effect of the resolution of the Government of the Russian Federation № 860 'On requirements to provide public roads with objects of road service located within the boundaries of right-of-way' on the road service placement, placed in the roadside and also within the boundaries of settlements. In order to reduce the number of adjacencies to the road and improve the quality of service to users of the road, it is important to provide for the possibility of combining the road service placement decision, not only into a single complexes, but also into multifunctional service areas.

In the second part of the event Mr Kopylov talked about possible organizational and legal forms of cooperation of public and private investors in order to create the road service placement. The applicable legislation in relation to this area provides an opportunity to use the following organizational and legal forms - a concession agreement, an agreement on public-private partnership, life cycle contracts, operator agreements, a state contract to perform contractor's works, an agreement on servitude. The speaker also talked on objects and liabilities of the parties in each of them.

The Chief Architect of 'Invest Consult' Maria Trushkovskaya presented the general scheme of placement of road service facilities on federal roads. According to her, the place of the recommended placement of the road service is determined on the basis of requirements for distances between such objects, depending on the intensity of traffic. The basis of the perspective formation of the road service placement on federal public roads is in the cluster model combining the 'road service placement' in the multifunctional road service area. The speaker also presented the cartogram of traffic intensity on the federal public roads.

Road service facilities that exist and are recommended for placement (gas stations, motels, eating establishments, service stations, etc.) are shown on the general scheme. The scheme foresees 890 road service facilities in total, more than half of them - rest areas. In order to become the document recommended to the execution, this scheme must be approved by the Federal Road Agency.

Roundtable participants expressed their wishes, suggestions and concerns about these and other provisions of the submitted documents that the developers promised to take into consideration in the future work.