LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 17, 2001 No. 245-II

About highways

This Law regulates legal, organizational and economic basis of public administration by highways in the Republic of Kazakhstan, their construction, operation and development for the benefit of the state and users by highways.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the automated station of measurement - the complex of the certified special control and measuring technical means, devices and oborudovaniye which underwent metrological checking performing photo and video filming working in automatic mode fixing type, brand, the state registration sign, weight and dimensional parameters, axial loads and motion speed of automotive vehicles integrated with intelligent transportation system;

1-1) The national operator on management of highways (further - the National operator) - the joint-stock company with absolute participation of the state in the authorized capital performing the powers established by this Law;

1-2) managing directors of highways - physical persons and legal entities, being owners of highways or performing activities for management of highways on the right of economic maintaining or operational management based on agreements within accomplishment of the state task, agreements of public-private partnership, including agreements of concession, property trust management, free use by highways public of regional or district value or their sites;

2) users highways - physical persons and legal entities, being participants of traffic or performing other activities within right of way of highways and roadside strip;

3) the highway - the complex of the engineering constructions intended for movement of cars, providing continuous, safe motion of cars and other vehicles with the established speeds, loadings, dimensions and also the sites of lands provided for placement of this complex (the earth of transport) and airspace over them within the established dimension;

4) running repair of the highway - complex of the works performed according to the procedure of the prevention of emergence of emergency situations, defects on highways, and also the urgent recovery and repair of the highway which are carried out during the whole year, including actions for repair of the destroyed sites which are carried out by route method;

5) repair of the highway - complex of works on the prevention and elimination of defects, and also to recovery and improvement of the transport and operational qualities of the highway including the current, average and capital repairs;

6) major repair of the highway - complex of works on recovery and (or) improvement of transport utilization properties of the highway without change of the existing technical category;

7) content of the highway - complex of works on maintenance of proper technical condition of the highway, assessment of its technical condition, and also on the organization and safety control of traffic;

8) medium repair of the highway - complex of the works connected with recovery of initial operational qualities of the highway and road constructions;

9) reconstruction of the highway - complex of the works providing increase in transport and operational qualities, safety and conveniences of movement with transfer of the highway or its certain site in higher technical category;

9-1) section of the highway (further - the site) - the highway piece which is in borders of its general extent;

10) highway extent - the actual length of the road between objects or settlements specified in nature (on the area) on kilometer signs;

11) paid highways (sites) - highways (sites) on which the decision on their use on paid basis is made and for journey through which the payment is levied;

11-1) organization of paid movement - action for collection of fare for paid highways (sites) by means of implementation and the device of hardware and software systems of collection of fare, and also management of the paid highway;

12) the heavyweight vehicle - the vehicle with load or without load, the fully loaded mass or load distribution on axes of which exceeds sizes of maximum allowable loads for this category of roads and constructions on them;

13) the large-size vehicle - the vehicle with load or without load, the having exceeding of the outline dimensions established by regulatory legal acts;

13-1) road assets - highways and constructions on them taking into account their actual transport and operational state and cost assessment;

13-2) management of road assets - the activities for diagnostics and tool inspection of road assets, and also monitoring of safety of road infrastructure directed to effective planning of budgeted expenses on repair and content of highways;

13-3) The national center of quality of road assets - the legal entity who is under authority of authorized state body on highways to which functions on conducting examination of quality of works and materials, management of road assets, the organization of mobilization preparation on highways of the international and republican value, and also to conducting departmental examination of engineering documentation for medium repair of highways, implementation of new technologies and maintenance of pilot sites are assigned;

14) roadside strips - the sites of lands adjoining right of way of highways in which borders special conditions of use of the earth for safety control of traffic circulation and the population are established;

14-1) objects of roadside service - buildings and constructions (motels, hotels, campings, service stations, gas stations, feeding centers, trade, communication, medical care, objects of outdoor (visual) advertizing and other objects of services) located on roadside strip and intended for servicing of participants of traffic along the line;

15) right of way - the earth of transport, occupied with highways, for placement of the corresponding structural elements and engineering constructions of the highway, and also the buildings, constructions, protective and decorative afforestations and devices of road communication necessary for their operation;

15-1) road database - the information system of authorized state body, open for users of highways, on highways containing information on transport and operational condition of highways;

15-2) monitoring of safety of road infrastructure - complex of the actions aimed at providing safe functioning, maintenance and improvement of the existing road infrastructure of highways;

16) road activities - activities for designing, construction, reconstruction and repair, content and use of highways and constructions on them, to management of road assets, and also on the organization of paid movement;

17) management of road activities - complex of the actions directed to the organization and safety control and conveniences of movement on roads, increase in transport and operational condition of highways and constructions, providing procedure for their protection, the organization of designing, construction, reconstruction, repair, content and use of highways on the basis of national standards and implementations of advanced technologies;

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