BY VADIM REZNICHENKO, HEAD OF PRACTICE, A.T.LEGAL

The Ministry of Transport proposed to give drivers the opportunity to demand free travel on toll roads when they find "a lack of service" or the service is "not full". It is also proposed to deny drivers with "overdue debts" to travel on any toll roads.

The draft of the new "rules of providing services for the passage of vehicles on federal toll roads" is developed by the Ministry of Transport and undergoes "regulatory procedures". In March 2022 the document will replace the norms effective since 2010 (approved by Government Decree of 2010 No 18).

The main changes, explained in the Ministry of Transport, are associated with the use of barrier-free system "free-flow" on Russian roads. The mechanism allows the driver to move along the highway without stopping at the toll booth: the money is deducted from the car owner's account with the help of contactless transponders or through a camera by the license plate number. We would remind you that this system is already used on the Central Ring Road in the Moscow region and is planned to be introduced on the M4. The new rules make legal and technical changes for the final legalization of "free-flow". Meanwhile, the wording of the new rules contains other new norms not related to free-flow. If there is "a defect of paid service" or if the service is provided "not in full" a driver will be able to demand "gratuitous service" or "proportionate reduction of service cost" or "compensation for expenses incurred for elimination of defects of services rendered".

Vadim Reznichenko, A.T. Legal lawyer, commented on the new decree of the Russian government which regulates the order and conditions of federal toll services and their application in practice.

"The draft of the new rules is noteworthy because it directly stipulates the rights of drivers in case of improper quality of the rendered service. Strictly speaking, before this decree of the RF Government, drivers could use the tools provided by the current civil legislation and the legislation on the protection of consumer rights. But due to the lack of direct norms for the relevant issues it could have been difficult to protect their infringed rights. Now it will be easier for drivers to justify their rights. For example, driving on the road at the maximum permitted speed became impossible because of snow drifts. Or a section of the roadway has fallen into an improper condition due to an accident or other reasons for which the driver using the "road" service is not responsible. In all these cases, the driver will be entitled to demand a commensurate reduction in the cost of services. At the same time, given the relative insignificance of the cost of toll road services, we can assume that most car owners will prefer not to use the opportunities provided to them by law" - the expert said.

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Published by Kommersant: https://www.kommersant.ru/doc/4988106