ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 6, 2006 No. 214

About approval of Rules of use of roadside strip of highways of the Republic of Tajikistan

According to article 39 of the Law of the Republic of Tajikistan "About highways and road activities" the Government of the Republic of Tajikistan decides:

1. Approve Rules of use of roadside strip of highways (are applied).

2. To the ministry of transport of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan to carry out inventory count of the objects of service existing on roadside strip and to bring their design estimates and log books into accord with these rules.

Approved by the Order of the Government of the Republic of Tajikistan of May 2, 2006 No. 214

Rules of use of roadside strip of highways

1. These rules are developed in execution of the Law of the Republic of Tajikistan "About highways and road activities" and establish placement conditions, procedure for approval for placement on roadside strips of highways public of objects of service for rendering paid services to participants of traffic (gas stations, feeding centers and trade, service stations, Items of car wash, Items of rest and lodging for the night, campings, congresses to them etc.) and advertizing (banners, posters, posters, indexes of objects of service, etc.).

2. The parcels of land intended for placement of highways public, provided to the Ministry of transport of the Republic of Tajikistan and its authorized body of management of road activities (further State body of management of road activities) according to the procedure of allocation of land, according to the land legislation of the Republic of Tajikistan, enter category of lands of transport and are used for particular mission.

3. The roadside strips of highways public (further roadside strip) adjoining on both sides to right of way of the shown road for the purpose of its further development, width of its parts constitutes:

a) for highways I, II, III (turning into the highest categories) categories-100 of meters, in settlements - 50 meters;

b) for highways III, IV and V of category - 25 meters;

c) for city streets and roads - according to town-planning regulations and rules of the Republic of Tajikistan.

4. In borders of roadside strips of highways public the specific mode of land use which can include prohibition on construction of capital buildings and constructions, restriction advertizing and other types of economic activity reducing safety and creating threat to participants of traffic is set. The parcels of land within roadside strips can not be withdrawn from users of the parcels of land, except as specified, when need of withdrawal follows from the set mode of use of these strips. Users of the parcels of land located within roadside strips shall be in writing warned by relevant organs of the executive authority of the Republic of Tajikistan about specific mode of use of these lands and possibility of their withdrawal in the future for the purposes of expansion or reconstruction of highways within a month from the moment of decision making about establishment of the sizes of roadside strips.

5. Control of placement within roadside strips of objects and observance of requirements of these rules is performed by specially authorized bodies of the executive authority of the Republic of Tajikistan, State body of management of road activities, and also bodies of the State automobile inspectorate of the Ministry of Internal Affairs of the Republic of Tajikistan.

6. The lands occupied with roadside strips are subject in accordance with the established procedure to accounting in the state land cadastre.

7. Within roadside strips the construction of capital constructions (construction with service life of 10 and more years), except for objects of road service, objects of the State automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan and objects of road service is forbidden.

8. Placement of objects of service and advertizing or their part on the roadside strips provided by the construction project of highways public is performed without change of particular mission of the parcels of land by their provision in lease under the contract with primary land user in coordination with State body of management of road activities and passports of placement of objects in right of way of highways.

9. Placement of objects of service and advertizing is performed taking into account preserving transport and operational qualities of the road, in case of observance of safety conditions of movement of vehicles, environmental protection and requirements of the operating regulatory legal acts and standards.

10. For receipt of permission to placement of objects of service and advertizing in right of way of highways, owners of objects submit to local actuators of the government applications for registration of placement of object, with indication of the location and the details. The sketch of object with the color image, the sizes and binding to the highway is enclosed to the application in coordination with State body of management of road activities for the location.

11. In case of placement of the objects of service requiring change of the organization of movement, parameters of highways public, the device of engineering communications or change of borders of right of way and alienation of lands individual designing with carrying out approvals of State body of management of road activities, the State automobile inspection of the Ministry of Internal Affairs and local executive bodies of the government is performed.

12. State bodies of management of road activities determine the location of objects according to the statement (or recommend other place), and also check compliance of the sizes and decorating of object to requirements of the existing normative and technical documents.

In case of the positive decision, the object binding to the highway is performed and the passport in which the term of its action, the scheme of placement of object on the highway public with the organization of movement for object and on approaches to it and drawings of object(s), etc. is specified is drawn up.

13. The passport of placement of object on roadside strip is issued by State body of management of road field operations and is subject to approval of bodies of the State automobile inspectorate of the Ministry of Internal Affairs of the Republic of Tajikistan.

14. The passport is subject to renewal in case of change of the established sizes of objects in case of their reconstruction. The passport is terminated in case of unauthorized reconstruction, reorganization and change of the sizes of object in the plan, brought in the passport.

15. The passport is issued and prolonged according to the agreement signed between the parties. The duration of the agreement is determined, proceeding from the plan of increase in transport and operational qualities of the highway and its development, for term no more than for three years. The agreement can be prolonged in process of the expiration of its action.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info