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I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 26, 2015 No. 349

About approval of Rules of public conveyances and baggage road transport

(as amended on 27-04-2021)

According to subitem 23-8) of article 13 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of public conveyances and baggage by road transport.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan to direct it to the copy to official publication in periodic printed publicity materials and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

The acting minister on investments and development of the Republic of Kazakhstan

Zh. Kasymbek

It is approved

Minister of health and social development of the Republic of Kazakhstan

May 19, 2015

 

___________ T. Duysenova

It is approved

Minister of Finance of the Republic of Kazakhstan

May 27, 2015

 

____________ B. Sultanov

It is approved

Minister of national economy of the Republic of Kazakhstan

May 29, 2015

 

__________________ E.Dosayev

It is approved

Minister of Internal Affairs of the Republic of Kazakhstan

April 21, 2015

 

________________ K. Kasymov

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of March 26, 2015 No. 349

Rules of public conveyances and baggage road transport

Chapter 1. General provisions

1. These rules of public conveyances and baggage are developed by road transport (further - Rules) according to subitem 23-8) of article 13 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" and determine procedure for public conveyances and baggage road transport.

2. Rules act on all territory of the Republic of Kazakhstan and are obligatory for all physical persons and legal entities irrespective of patterns of ownership.

3. The basic concepts used in these rules:

1) automobile carrier (further - carrier) - the physical person or legal entity owning vehicles, except for passenger, on the property right or on other legal causes, performing business activity on public conveyance, baggage, loads and mailings;

2) information and dispatching taxi service - the service created by the carrier or the other person who is the individual entrepreneur or the legal entity of the Republic of Kazakhstan for processing of customer orders and their transfer on execution to carrier of taxi including using the hardware and software and (or) mobile application of the order of taxi;

3) the luggage receipt - the document confirming the conclusion of the agreement of motor transportation of baggage, and also acceptance of baggage by carrier on storage or for transportation;

4) the luggage car - the cargo vehicle for luggage transport (loads) of passengers on routes of regular motor transportations of passengers and baggage;

5) the flight log - the numbered and strung together magazine, under seal carrier, being on the vehicle when implementing irregular public conveyances and baggage in which marks about passing of pretrip technical inspection of the vehicle and pretrip and posttrip medical examination of the driver, in form, according to appendix 1 to these rules are put down;

6) dispatching system - the system allowing to obtain continuously information in real time on movement of the vehicles performing public conveyance and baggage;

7) the operator of dispatching system - the physical persons or legal entities providing the organization and functioning of dispatching system;

8) Item of landing and disembarkation of passengers (stopping point) - the site of roadside strip equipped according to requirements of these rules intended for stop of vehicles for the purpose of landing and disembarkation of passengers;

9) the travel document (ticket) - the document in paper or electronic form by which execution the transportation agreement of the passenger is signed;

10) single system of management of transport documents - the information system providing registration, accounting, processing and document storage, connected with transportation activities in the field of road transport, and transfer of the formalized information on such documents to the relevant authorized state bodies and participants of transportation process;

11) dangerous sites - sections of highways, driving through which is integrated to the increased risk of involvement in the road accident or is connected with essential changes of the mode of movement;

12) the schedule of movement - the document (the table, graphical display) containing data on the place and time of movement of buses, minibuses, trolleybuses on each stopping point of route of regular motor transportations of passengers and baggage;

13) manual washing - washing of vehicles by manual method with use of high-pressure apparatuses of water supply, water supply systems and (or) waters from reservoirs;

14) route - the established travel line of the bus, the minibus, the trolleybus between certain starting, intermediate and terminal stopping points;

15) the route pattern - the graphical conditional representation of route with indication of stopping points, distances between them, and also characteristic reference points (road forks, intersections, railroad crossings, bridges and tunnels);

16) the mechanized washing - the automatic wash of vehicles consisting of the moved mechanisms of arch type equipped with the devices for the washing structure and water supply rotating and (or) the moving brushes, and also the blowing device;

17) run - way of the bus, the minibus, the trolleybus from route, initial to terminal point;

18) the equipment of satellite navigation - the hardware-software device established on the vehicle for determination of its current location, the direction and motion speed on signals of the global navigation satellite systems, data traffic with the additional aircraft equipment and also for exchange of information on networks of mobile radio-fraquency voice communication;

19) transportation of taxi - service in public conveyance and baggage for a fee or on hiring, rendered by the individual entrepreneur or the legal entity owning the car on the property right or on other legal causes;

20) carrier of taxi - the individual entrepreneur or the legal entity rendering services in public conveyance and baggage of taxi;

21) mobile application of the order of taxi - the software product used on the subscriber structure of cellular communication and providing access to the order of taxi and lease of the manned vehicle by means of services of cellular communication or the Internet;

22) taximeter - the device intended for calculation of the cost (price) of public conveyance and baggage of taxi;

23) technical stop - the stop of buses and minibuses which is not providing disembarkation from route and landing to route of passengers;

24) the third party - person, except for carrier the signed agreement of the organization of regular motor transportations of passengers and baggage, and in case of regular international motor transportations of passengers and baggage, except person who got permission to servicing of route.

4. On nature of the organization motor transportations of passengers and baggage are subdivided on regular, irregular and transportations of taxi.

4-1. On administrative-territorial sign intra republican public conveyances and baggage are subdivided on:

1) city (rural) - transportations within the established settlement borders;

2) suburban - transportations along the routes connecting the settlement to residential suburb up to fifty kilometers long, the established settlement borders measured from;

3) raionwide - transportations between settlements within one area;

4) interdistrict (long-distance intraregional) - the transportations within one area performed between the settlements which are in different areas or the connecting settlements with the cities of regional value;

5) long-distance interregional - the transportations performed between the settlements which are in different areas or the connecting settlements with the cities of republican value, the capital.

5. Regular motor transportations of passengers and baggage - the transportations performed by carriers with use of buses, minibuses, trolleybuses on in advance approved routs to follow, schedules of movement with the established starting and terminal points, Items of landing and disembarkation of passengers.

Under the organization of regular motor transportations of passengers and baggage vehicles (buses, minibuses or trolleybuses) which will be used for implementation of transportations are determined in advance.

The variation along route when implementing regular motor transportations of passengers and baggage is not allowed.

6. When implementing motor transportations of passengers and baggage the carrier draws up the route sheet on paper or in the form of the electronic and digital document in form, according to appendix 2 to these rules.

In case of execution of the route sheet on paper the carrier provides its registration in the Single system of management of transport documents.

7. Irregular public conveyance by buses, minibuses, and also regular public conveyance by buses, minibuses in the international message are performed by the buses, minibuses specified in appendix to the license, the issued licensor.

In case of change of unit of railway vehicles of buses, minibuses which perform the public conveyance specified in part one of this Item appendix to the license is subject to renewal.

Renewal of the license and (or) appendix to the license is performed according to Items 3 - the 8th article 33 of the Law of the Republic of Kazakhstan "About permissions and notifications".

8. Irregular transportations it is performed by non-repeat orders (requests) of physical persons and legal entities. Treat such transportations: tourist, excursion, on servicing of activities.

One-time transportations can be performed on contractual basis during the certain period.

8-1. To public conveyances minibuses allow the drivers who reached twenty-one-year age, having the right of control of vehicles of subcategory of "D1" and length of service the driver at least three years including years of service of control of the vehicles belonging to the category "C", at least one year.

8-2. To public conveyances by the buses having more than sixteen seats in addition to the driver's seat, and trolleybuses allow the drivers who reached twenty-five year age, having length of service the driver at least five years including years of service of control of the vehicles relating to subcategory of "D1", at least three years.

8-3. The public transport is supplied with devices for landing and disembarkation of disabled passengers.

Chapter 2. Procedure for the organization and implementation of regular motor transportations of passengers and baggage, opening and closing of routes of regular motor transportations of passengers and baggage

Paragraph 1. Procedure for opening of routes and maintaining register

9. As initiators of opening of routes of regular motor transportations of passengers and baggage authorized body in the field of road transport, local actuators, physical persons and legal entities can act.

10. On opening of routes of regular motor transportations of passengers and baggage the initiator develops the route pattern and the schedule of movement for the solution of questions on it and sends them to organizers of transportations:

along routes of regular international - in authorized body in the field of road transport;

along routes regular long-distance interregional, interdistrict (long-distance intraregional) and in the cities of republican value, the capital - city and suburban motor transportations of passengers and baggage - in local actuators of area, the cities of republican value, the capital;

along routes of regular city (rural), suburban and raionwide motor transportations of passengers and baggage - in local actuators of areas, cities of republican value.

11. Routes of regular public conveyances and baggage are organized if:

1) highway capability allows to perform regular movement of buses, minibuses, trolleybuses along certain routes;

2) the condition of highways and their arrangement conform to safety requirements of traffic.

12. When forming route network of regular public conveyances and baggage road transport local actuators are guided by communication priority between settlements, villages with the district centers, and between the district centers with the regional center and other nearby cities of regional value.

13. The created route network (except the international, city and suburban routes) corresponds to the following conditions:

The planned interval of movement between buses of duplicative routes constitutes 1) on time:

more than 1 hour at the extent of duplication up to 150 km;

more than 2 hours at the extent of duplication up to 350 km;

more than 3 hours at the extent of duplication up to 500 km;

more than 4 hours at the extent of duplication over 500 km;

2) in case of average use of capacity of buses on sites of duplication more than seventy five percent the difference on time is reduced:

up to 10 minutes on duplication extent to 150 km;

up to 15 minutes on duplication extent to 350 km;

up to 20 minutes on duplication extent over 350 km.

14. On routes of regular public conveyances and baggage (except the international messages) in case of annual average fillability of buses throughout all route more than seventy five percent the organizer of transportations according to the appeal of carriers or passengers makes the decision on introduction of additional schedules of movement. Additional schedules of movement of public conveyances and baggage affirm competent authorities according to Item 4) of Article 13 and to the subitem 2) of Item 2 of article 14 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport".

Public conveyance and baggage according to the additional schedule of movement is performed by carrier, servicing this route.

In failures of carrier from servicing of additional schedules of movement or servicing of route by two and more carriers (on the one hand), local actuators distribute this schedule of movement on competitive basis on the duration of the agreement on servicing of this route.

15. On regular long-distance interregional routes up to 300 km long authorized body in the field of road transport in coordination with local actuators of the respective areas, the cities of republican value, the capital affirm schedules of movement with indication of the regular period of implementation of public conveyances and baggage on free movement of buses, minibuses. Public conveyance and baggage on free movement of buses, minibuses is performed by carrier, servicing this route.

16. When opening new intra republican routes approval is performed according to the following hierarchy:

long-distance interregional;

interdistrict (long-distance intraregional);

suburban and raionwide.

16-1. In case of simultaneous application for opening of new international routes by two and more carriers: with the schedule in difference of movement of buses on initial and to intermediate points up to 250 km long constitutes less than 15 minutes and more than 250 km make less than 1 hour, the priority is given to carrier which has the greatest work experience on this type of messages.

17. Regular intra republican motor transportations of passengers and baggage it is performed on the basis of certificates on the right of servicing of routes of regular intra republican motor transportations of passengers and baggage (further - the Certificate), in form according to appendix 3 to these rules.

18. Local actuators when opening new city, suburban, raionwide and interdistrict (long-distance intraregional) routes for studying of amount of transportations determine the carrier servicing on the corresponding type of regular route which services this route two months.

Following the results of studying within 10 calendar days the decision on opening or not opening of route is made.

In case of opening work about carrying out the corresponding tender on the right of servicing of this route in terms, according to Item 154 of these rules is conducted.

19. Routes of regular motor transportations of passengers and baggage in international and long-distance interregional messages are closed according to the written appeal of the carrier given to the organizer of route not later than the 2nd month before date of the expected termination of transportations.

Routes regular city (rural), suburban, raionwide, interdistrict (long-distance intraregional) motor transportations of passengers and baggage are closed by organizers of routes in the absence of the need of the population for trips on them.

20. In case of approval of area of schedules of movements by local executive bodies along routes regular interdistrict (long-distance intraregional) and suburban motor transportations of passengers and baggage, data on route join in the corresponding register, according to Item 21 of these rules.

21. For the purpose of planning of the organization and accounting of routes maintaining the register is performed:

1) Authorized body in the field of road transport - routes of regular international and long-distance interregional motor transportations of passengers and baggage;

2) local actuators of areas, cities of republican value, the capital - routes regular interdistrict (long-distance intraregional), in the cities of republican value, the capital - city and suburban motor transportations of passengers and baggage;

3) local actuators of areas, cities of regional value - routes of regular city (rural), suburban and raionwide motor transportations of passengers and baggage.

22. Registers contain the following basic performance of routes:

1) for international routes:

the name of route with indication of messages and departure time in the direct and return directions;

the name of intermediate points with indication of time in direct the directions on the territories of the Republic of Kazakhstan and in the return of the directions on the territories of foreign state;

information about carrier (the name, the address, surname, name, middle name (in case of its availability), phone of the head or person responsible for the organization of transportations);

dates of issue and completion date of the issued allowing documents;

period of servicing of route (year-round, seasonal);

data on railway vehicles with indication of the state serial numbers, brand and year of manufacture, and also separation into the main and reserve;

2) for intra republican routes:

number (city (rural) and suburban) and the name of route with indication of departure time from initial and final Items;

quantity and names of intermediate points on route in the direct and return directions;

route extent in the direct and return directions;

period of servicing of route: year-round, additional (acting in certain days and the periods of days (days off, holidays or in hours "peak" for city routes), seasonal (during the country period, on duration of operation of rest areas, the period of the raised passenger traffic);

class of buses, minibuses and passport capacity of buses on route in places for sitting of passengers and general (taking into account the capacity of consolidation centers, except long-distance interregional);

information about carrier (the name, the address, surname, name, middle name (in case of its availability), phone of the head and person responsible for the organization of transportations) and the period of action of the allowing documents issued to it.

Paragraph 2. Regular city (rural) and suburban motor transportations of passengers and baggage

23. Regular city (rural) and suburban motor transportations of passengers and baggage are performed on the route network approved by local actuators which is created based on the approved complex scheme of development of passenger transport and the analysis of passenger traffics, according to proposals of citizens, the organizations.

When implementing regular city (rural) and suburban motor transportations of passengers and baggage the carrier provides drivers and conductors with single uniform, requirements to which are established by local actuators.

24. Determination of use on route of regular city (rural) motor transportations of passengers and baggage of minibuses, is proved by low passenger traffic, at the same time the extent of routes with use of minibuses shall not exceed thirty percent of general extent of route network of regular city (rural) motor transportations of passengers and baggage.

Paragraph 3. Modes of servicing of routes of regular city (rural) and suburban motor transportations of passengers and baggage

25. Routes of regular city (rural) and suburban motor transportations of passengers and baggage are serviced in one of the following modes:

1) by the regular, performed city buses having at least two passenger doors, minibuses, and also intercity buses on routes of regular suburban motor transportations with stops on all stopping points specified on the route pattern between which distance shall make from 400 to 800 meters within the city;

2) express (only for city transportations), performed by the city buses having at least two passenger doors with stops on all stopping points specified on the route pattern between which distance makes from 1,5 to km 3,0.

26. According to specifics of servicing of the population regular city (rural) and suburban motor transportations of passengers and baggage have the following character:

1) permanent, acting during all established period of days and all days of the week;

2) additional, acting in certain days or the periods of days (days off, holidays or hours "peak");

3) seasonal, acting during predefined period (during the country period, on duration of operation of rest areas, sports complexes);

4) temporary, acting quickly (in case of the contingency options on road net interfering servicing in the regular mode).

Paragraph 4. Procedure of regular city (rural) and suburban motor transportations of passengers and baggage

27. Landing and disembarkation of passengers in the vehicle is made in the following sequence:

1) in minibuses at first disembarkation, and then embarking is made;

2) in the buses having two doors, disembarkation of passengers is made through both doors, and landing through the rear door;

3) in the buses having three and more doors, disembarkation of passengers is made through all doors, and landing through everything, except the front door.

28. Disabled people, pensioners, expectant mothers, passengers with children of preschool age, the veterans of the Great Patriotic War, veterans equated on privileges to veterans of the Great Patriotic War and combat veterans in the territory of other states have the right of priority landing through the front door of the bus.

29. In inside of the buses used on routes of regular city and suburban motor transportations of passengers and baggage from 4 to 8 places (depending on their passport capacity) for priority occupation by their disabled people, pensioners expectant with mothers, passengers with children of preschool age are allocated.

30. In the presence on route of regular city (rural) motor transportations of passengers and baggage of stopping points "on demand" passengers should inform beforehand the driver (conductor) on need of stop on the specified stopping point. When finding passengers on such stopping point the driver does stop for their landing.

31. Driving of passengers through routes of regular city (rural) and suburban motor transportations of passengers and baggage excludes:

1) entrance and exit from the bus, the minibus to its full stop or during movement;

2) preventing to opening and closing of doors of the bus;

3) derivation of the driver talk during movement of the vehicle;

4) spoil of indoor equipment and equipment of inside of the bus, minibus;

5) smoking, garbage, drinking of alcoholic drinks;

6) transportation of the flammable, explosive, poisoning, flammable, toxic, caustic and foul-smelling agents, firearms without covers and accompanying documents.

32. On routes of regular city (rural) and suburban motor transportations of passengers and baggage public conveyance and filling of inside of buses, minibuses according to their passport capacity established by manufacturer is allowed:

1) in buses standing and seats in the quantity which is not exceeding its complete passport capacity according to ST of RK 2273-2012 the National standard of the Republic of Kazakhstan «Services motor transportation on regular and irregular passenger traffic»;

2) in minibuses standing and seats in the quantity which is not exceeding its passport capacity.

Paragraph 5. Transportation of cabin baggage and baggage

33. On routes of regular city (rural) and suburban motor transportations of passengers and baggage it is allowed to take in inside of the bus, the minibus with itself free of charge one cabin baggage up to 60х40х20 cm in size and weighing no more than 20 kg, and also wheelchair, one couple of skis in cover, baby carriage or the sledge (only in buses).

34. The cabin baggage exceeding the outline and weight dimensions specified in Item 33 of these rules belongs to baggage and is subject to transportation in baggage compartment of the bus, the minibus or in the luggage car accompanying the bus, the minibus.

35. Packaging and transportation of cabin baggage shall exclude possibility of causing any damage (pollution or damage) to other passengers and equipment of inside of the bus, the minibus.

36. On routes of regular city (rural) and suburban motor transportations of passengers and baggage it is allowed to transport free of charge the small animals and birds placed in the closed cages or in bags.

37. Dogs are transported free of charge in buses on consolidation centers, with muzzle and on lead.

38. In the buses used when implementing regular suburban motor transportations of passengers and baggage, and also regular city (rural) motor transportations of the passengers and baggage in the express mode and having baggage compartment, passengers are allowed to take with themselves baggage in baggage compartment no more than 120х60х40 cm in size of each place for additional fare according to the established rate.

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