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Ministry of Justice

Republic of Tajikistan 

On July 1, 2021 No. 48

LAW OF THE REPUBLIC OF TAJIKISTAN

of June 25, 2021 No. 1794

About highways and road activities

Accepted by the Resolution MH MOPT of April 21, 2021, No. 367

Approved by the Resolution MM MORT of June 21, 2021, No. 165

This Law determines legal, organizational and economic basis of road activities, development of highway network, procedure for their operation and is directed to settlement and management of road activities.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) reconstruction of the highway - complex of works in case of which accomplishment the change of parameters of the highway leading to change of class and (or) category of the highway, or involving change of border of right of way of the highway and its roadside part is performed;

2) the technical means of the organization of traffic of the surveillance camera and other automated control systems, traffic lights, route signs and indexes, road marking established on highways for traffic regulation;

3) the earth of highways - part of lands of road transport, including roadside right of way, reserve zones provided according to the legislation of the Republic of Tajikistan to physical persons and legal entities for construction, reconstruction and operation of highways, constructions of service and road buildings and constructions;

4) road constructions - the constructions which are directly structural elements of the road including artificial features, technical means of the organization of traffic and arrangement of roads;

5) artificial features - the engineering constructions intended for movement of vehicles and pedestrians through natural and other obstacles, and also steady functioning of the highway (bridges, overpasses, platforms, viaducts, tunnels, above-ground and underground crosswalks, ferry crossings, outcomes of roads, retaining walls, the covered passes, snow protection, antimudstone and other constructions);

6) objects of road service - specially equipped places for stop of route vehicles, site of rest, observation platforms, maintenance Items, motels, hotels, campings, trade Items, refueling points, warehouses, Items of the medical and technical and evacuation care, Items of washing of vehicles, points of eat period and culinary water, autopavilions, and also other objects on which servicing of participants of traffic is performed or require their use for arrival and departure on the highway;

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

8) the carriageway - the part of the highway intended directly for movement of vehicles;

9) roadside strips of highways (further - roadside strips) - the earth of the highway intended for providing the settlement and creation of necessary conditions of operation of highways taking into account safety requirements of traffic, and also possibility of reconstruction, repair, content and placement of objects of road infrastructure and servicing;

10) highway right of way - the earth of the highway allocated according to the procedure, established by the legislation of the Republic of Tajikistan, for placement of the corresponding structural elements and engineering constructions of the highway, and also the buildings, constructions, devices, protective and decorative afforestations necessary for their operation;

11) authorized state body in the field of road activities - the state body determined by the Government of the Republic of Tajikistan, realizing state policy in the field of road activities;

12) content of the highway - performed within year (taking into account season) complex of scheduled maintenance on care of the road, road constructions and right of way, elements of arrangement of roads, the organizations of traffic security, and also elimination of insignificant deformations and damages of structural elements of roads and road constructions as a result of which the transport and operational road condition and road constructions ensuring traffic safety is maintained;

13) the highway - complex of the elements connected among themselves and engineering constructions providing continuous safe motion of cars and other vehicles, depending on the speed, loading and the established dimensions;

The highway transferred to concession - one of types of content of the highway transferred based on the Law of the Republic of Tajikistan "About concession" according to the agreement of concession, with provision of the right to effective temporary use by the Government of the Republic of Tajikistan (concedent) to physical persons and legal entities or foreign legal entities (concessionaries) for content and servicing of the highway, including 14) roadside strips;

15) the highway public the highway providing carriage of goods and passengers between the states, city and rural settlements for satisfaction of needs of the population, social and economic and defense needs of the state and open for use by any persons with observance of instructions for use by highways;

16) the highway not public the highway used according to the procedure, determined by its owners, only for ensuring own needs, taking into account the requirements established by the legislation of the Republic of Tajikistan;

17) the paid highway - the highway, held for use on paid basis according to the procedure, determined by this Law and other regulating legal documents, and also according to the agreement of concession on paid basis;

18) owners of highways - physical persons and legal entities which according to the legislation of the Republic of Tajikistan possess the right of possession highways based on the corporeal right;

19) subjects of road economy - physical persons and legal entities, and also branches and representations of legal entities performing road activities according to the legislation of the Republic of Tajikistan;

20) the parking - the equipped site of roadside strip of highways public and city streets, roads allocated for the organized parking of vehicles;

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