Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 8, 2001 No. 266-II

About rail transport

(as amended on 09-11-2020)

This Law governs the public relations between carriers, participants of transportation process, state bodies, passengers, senders, receivers, consignors, consignees, other physical persons and legal entities when implementing public conveyance, baggage, loads, cargo baggage and mailings by rail.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) accident - cases of collision, descent of railway vehicles on railway tracks or railway tracks under agreements of public-private partnership, including under agreements of concession as a result of which the person received severe harm to health and (or) the railway vehicles in volume of major repair are damaged;

1-1) receivers - the person receiving baggage, cargo baggage or mailings and specified in carriage documents;

1-2) crashes - cases of collision, descent of railway vehicles on railway tracks or railway tracks under agreements of public-private partnership, including under agreements of concession as a result of which the person died and (or) the railway vehicles to degree of its exception of stock are damaged;

2) special railway vehicles - the self-propelled and non-self-propelled rail vehicles intended for works on content, servicing, recovery and repair of the high-level railway net and sidings;

3) special transportations - transportations of particular loads for the state needs and separate categories of passengers according to the procedure, determined by authorized body;

4) socially important passenger traffics - messages which social importance is determined:

interregional - authorized body;

5) baggage - the property weighing no more than two hundred kilograms accepted for shipment in the passenger or post and luggage train;

6) locking and sealing devices - the control elements combined in single design with blocking devices, applied to prevention of access to the load transported in the car, container;

7) ticket office - the Items of sale of travel documents (tickets) located in buildings of railway stations and out of these buildings in which services in sale of travel documents (tickets) according to requirements of the legislation of the Republic of Kazakhstan are rendered;

8) the car - the non-self-propelled trailing vehicle intended for transportation on railway tracks;

8-1) giving cleaning of cars - movement of cars by switching locomotive:

from station tracks - to shipping places, unloadings (unloading), to sidings;

on sidings - between acceptance (exhibition) ways and shipping places, unloadings (unloading) of the partner;

9) the operator of cars (containers) - the person owning cars (containers) on the property right or other legal causes, participating on the basis of the contract with carrier in transportation process by rendering services of the operator of cars (containers) and specified in carriage documents;

10) services of the operator of cars (containers) - services in providing on contractual basis cars (containers), to distribution and mission control of cars (containers) according to the procedure, established by authorized body;

10-1) territory near the station - the territory adjacent to the railway station with entrances and approaches to the railway station, stopping points of public and individual transport, places of the parking, car parks, improvement elements;

11) bulky (oversized) cargo - the load which dimensions in case of placement on the open railway vehicles which are on direct level section of railway track exceed outline of dimension of loading or its geometrical carrying out in curves exceed the settlement standard rates established by the legislation of the Republic of Kazakhstan;

11-1) dispatching regulation - control procedure and monitoring of transactions of transportation process in real time;

11-2) especially important transportations - the status given by authorized body to transportations by railway rolling stock, and also routes (messages) of their following in case of rail haulings of protected persons of the Republic of Kazakhstan;

12) the passenger - the physical person having the travel document (ticket) and making trip in the train;

13) the passenger agency - the person rendering services in sale of travel documents (tickets) through the Items of sales based on the contract with carrier, providing fulfillment of requirements, the travel documents (tickets) shown to registration;

13-1) operator of locomotive draft in passenger traffic - person owning on the property right or other legal causes by the traction vehicle (locomotive) used for passenger traffic, the content providing it, operation;

14) automated control system for passenger traffic - system of centralized operation by passenger traffic and electronic booking;

15) traveling development - set of the main, station tracks, the railroad switches connecting them among themselves, the technical means and devices located within the station and sidings;

16) the sender - the person sending baggage, cargo baggage or mailings and specified in carriage documents;

17) load - the property, including empty own car (container) accepted for shipment with execution of the transportation agreement;

18) the consignee - the person specified in carriage documents and receiving load;

19) cargo baggage - the property weighing more than two hundred kilograms accepted for shipment in the passenger and post and luggage train;

20) the consignor - the person specified in carriage documents and dispatching cargo;

21) cargo sending - the consignment shown to transportation according to one railway way bill;

22) freight terminal - the complex of constructions and technical means on siding intended for provision of range of services to consignors and consignees and implementation of bulk transportations;

22-1) transit of load - cargo hauling from one country in another through the territory of the Republic of Kazakhstan in the course of which the load arrives to railway station of the Republic of Kazakhstan and (or) decreases from railway station out of limits of the Republic of Kazakhstan with accomplishment of one or several of the following transactions: parking, overload, warehousing, crushing of load, change of places, weight, quantity of load and mode of transport;

23) railway vehicles - traction vehicles (locomotives), cars, self-propelled and other rail vehicles intended for transportation on railway tracks of passengers, baggage, loads, cargo baggage, mailings and also special railway vehicles;

23-1) handling capacity of the site of infrastructure - the maximum quantity of trains and couples of trains which can be passed on the site of infrastructure for settlement period of time (days) depending on technical and technological capabilities of infrastructure, railway vehicles and methods of the organization of train movements taking into account the omission of trains of different categories;

24) container - the general transport mission equipment of repeated application intended for carriage of goods;

25) the partner - the person owning on the property right or other legal causes the railway warehouses, storage areas of loads, cargo handling gears and (or) sidings adjoining sidings of other vetvevladelets, or using services of sidings;

26) No. 380-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 31.10.2015

27) No. 380-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 31.10.2015

28) No. 380-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 31.10.2015

29) sidings - the railway tracks intended for servicing of consignors, consignees and adjoining directly or through other sidings the main and (or) station tracks;

30) services of sidings - services of vetvevladelets in provision in use of sidings or to servicing by it of consignors and consignees;

31) acceptance (exhibition) ways - the railway tracks defined by the agreement on giving cleaning of cars within the station or on siding for accomplishment of acceptance transactions;

32) acceptance transactions - the operations which are documentary drawn up in accordance with the established procedure performed in case of acceptance (transfer) of loads, cars, containers;

32-1) safety certificate - the document certifying compliance of safety management system of carrier to safety regulations on rail transport;

32-2) safety management system - set of the interconnected and interacting components of management of carrier covering planning processes, preparation and accomplishment of transactions, monitoring, control, the analysis and the established requirements for safety of transportation process and decrease in risks of damnification of life or health of the person, the environment aimed at providing accomplishment, drawing damage to property of participants of transportation process and the third parties;

32-3) audit of safety management system - systematic process of diagnostics and assessment of conformity of safety management system to the requirements established in safety regulations on rail transport;

33) dangerous goods - loads which owing to properties inherent in them can serve as cause of death, injuring or disease of people, animals, explosion, the fire, damage or destruction of property, and also to do harm to the environment;

34) cabin baggage - the personal belongings transported by the passenger with themselves in the car without payment on the weight and dimensions which are not exceeding the established sizes;

35) objects of locomotive infrastructure - the objects intended for ensuring operation and equipment of power railway vehicles and servicing of engine crews;

36) the operator of locomotive infrastructure - the person owning on the property right or other legal causes objects of locomotive infrastructure and rendering services to operators of locomotive draft;

37) the operator of locomotive draft - the person owning on the property right or other legal causes by the traction vehicle (locomotive), providing it content, operation, except for the operator of locomotive draft in passenger traffic;

38) services of locomotive draft - service in movement of railway vehicles by the traction vehicle (locomotive) in railway tracks;

39) the main ways - the railway tracks intended for functioning of rail transport in all territory of the Republic of Kazakhstan and providing railway service with other states, consisting of main tracks (way of stages between railway stations, the ways in borders of stations which are direct continuation of ways of adjacent stages and, as a rule, not having variations on railroad switches), and also priyemootpravochny ways (the way intended for acceptance, departure, overtaking, crossing and the omission of trains in station limits);

40) the high-level railway net - system of the main and station tracks, and also the objects of electric utility service, heat supply, water supply, the alarm system, communication, devices, the equipment, buildings, structures, constructions, stations and other objects technologically necessary for their functioning providing the international and intra republican railway services connected among themselves;

41) services of the high-level railway net - the services rendered to carriers by the National operator of infrastructure, connected with use of the high-level railway net for the omission and train movements;

42) No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

43) shunting operation - movement of cars in case of their processing, sorting, dissolution, giving cleaning for loading, unloading, on the way (from way) repair, on weighing, during the forming, disbandment of trains; shift of railway vehicles from one way on another, movement of locomotives within the station, movement of special railway vehicles, traction vehicles (locomotives or motor car railway vehicles);

43-1) railway tracks under agreements of public-private partnership, including under agreements of concession, - the railway tracks constructed and operated under agreements of public-private partnership, including under agreements of concession, and not included in the high-level railway net;

43-2) objects of rail transport under agreements of public-private partnership, including under agreements of concession, - the objects constructed and operated under agreements of public-private partnership, including under agreements of concession, and not included in the high-level railway net;

43-3) services of railway tracks with objects of rail transport under agreements of public-private partnership, including under agreements of concession, - services in provision in use of the railway tracks with objects of rail transport constructed and operated under agreements of public-private partnership, including under agreements of concession, and the organization of the omission of railway vehicles for them;

43-4) event - cases of collision, descent of railway vehicles on railway tracks or railway tracks under agreements of public-private partnership, including under agreements of concession, but not implicating accidents and the crashes;

43-5) incident - the cases of violation of traffic security which did not entail the crash, accident and event on railway tracks or railway tracks under agreements of public-private partnership, including under agreements of concession which list is determined by safety regulations on rail transport;

44) the operating documentation - documentation providing method of operation of infrastructure facilities, constructions, railway vehicles, special railway vehicles, designs, the equipment and stock of rail transport;

45) the train - the created and linked structure of cars with one or several operating traction vehicles (locomotives or motor car railway vehicles), having the established signals, locomotives without cars, motor cars and special self-propelled railway vehicles going along the route determined by the National operator of infrastructure;

45-1) plan of forming of trains - the document approved by the national operator of infrastructure on the basis of drafts of the plan of forming of trains of carriers, including establishing categories and purposes of the trains created on railway stations taking into account handling capacity of sites of the high-level railway net and the overworking capability of stations;

46) heavy load - load at which the weight and length or load of frame (floor) of the car exceed the sizes allowed in transit on universal railway vehicles, established by technical specifications on loading and fixture of loads;

47) station tracks - railway tracks in station limits: sorting, loading and unloading, exhaust, depot, connecting, special, except for the main ways in borders of stations;

48) vetvevladelets - person owning railroad side track on the property right or other legal causes;

49) transportation - movement of passengers, baggage, cargo baggage, mailings, loads from the point of departure in destination;

49-1) user of services in transportation - the passenger, the consignor (sender), the consignee (receiver), the freight forwarder;

50) transportability term - extremely possible proceeding published, specified in the certificate (the high-quality certificate), the term of finding of perishable baggage, load, cargo baggage in transit;

51) rules of transportations - the regulatory legal acts regulating activities and relations of all participants of transportation process;

52) carriage documents - documents by which execution the transportation agreement is signed (the travel document (ticket), luggage and cargo luggage receipts, the railway way bill);

53) transportation process - set organizationally and technologically interconnected transactions which are carried out by preparation, implementation and completion of transportations by railway transport;

54) the participant of transportation process - the user of services in transportation, carrier, National operator of infrastructure, the operator of locomotive draft, the operator of locomotive draft in passenger traffic, the operator of cars (containers), vetvevladelets, and also the owner of railway tracks under agreements of public-private partnership, including under agreements of concession;

54-1) safety of transportation process (further - traffic security) - lack of unacceptable risk in case of accomplishment of transactions of the transportation process connected with damnification of life, to health of the person, the environment, drawing damage to property of participants of transportation process and the third parties taking into account combination of probability of realization of dangerous factor and severity of its effects;

54-2) carrier - person performing activities for carriage of goods or passengers, baggage, cargo baggage, mailings and specified in carriage documents, owning on the property right or on other legal cause railway vehicles, including traction vehicles;

55) perishable baggage, load, cargo baggage - baggage, load, the cargo baggage having the limited expiration date and requiring special condition of carriages and storage;

55-1) class of the railway station - the status of the railway station determined depending on amount of attended operations (the provided services) and technical equipment;

56) the railway station - complex of buildings, constructions (including passenger platforms, station transitions and the territory near the station) and other types of property intended for rendering to the population services in transportation by railway transport and to acceptance issue of baggage, cargo baggage depending on class;

57) railway tracks - real estate units (main, station, sidings) on which movement of railway vehicles is performed;

58) rail transport - the mode of transport providing transportations on railway tracks;

59) No. 132-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 04.07.2013

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