Agreement between the Government of the Republic of Tajikistan and Government of the Republic of Kazakhstan on the international automobile communication

of May 4, 2006

The government of the Republic of Tajikistan and the Government of the Republic of Kazakhstan which further are referred to as with the Parties

being guided by need of further development of cooperation between the states of the Parties in the field of the international automobile communication,

aiming to facilitate implementation of automobile communication between two states and transit across their territories,

agreed as follows:

Article 1

According to this agreement are transported passengers and loads between the states of the Parties and transit across their territories, and also in (from) the third countries the vehicles registered in one of the states of the Parties.

Article 2

For the purposes of interpretation of provisions of this agreement the following terms mean:

a) "competent authorities":

- from the Tajik Side - the Ministry of transport of the Republic of Tajikistan,

concerning Articles 6, 7, 8, 10 and 15 - together with the Ministry of Internal Affairs of the Republic of Tajikistan.

- from the Kazakhstan Side - the Ministry of Transport and Communications of the Republic of Kazakhstan.

concerning Articles 6, 10 and 15 - together with the Ministry of Internal Affairs of the Republic of Kazakhstan.

concerning Articles 11 and 12 - together with the Ministry of Finance of the Republic of Kazakhstan.

In case of change of the name or functions of the above-named competent authorities of the Party will be timely notified through diplomatic channels;

b) "carrier" - any physical person or legal entity registered in the territory of the state of one - from the Parties and allowed according to its national legal system to accomplishment of the international motor transportations of passengers or loads;

c) "vehicle":

- in transit loads - the cargo vehicle, the trailer hauling truck, the tractor truck or the tractor truck with semitrailer truck,

- in transit passengers - the bus, that is the vehicle intended for transportation of passengers and having more than 9 places for sitting including driver's seat, it is possible with trail car for luggage transport,

being at the disposal of carrier on the property rights or based on the lease agreement or leasing;

d) "permission" - the document issued by competent authority of the state of one of the Parties, granting the right to journey of the vehicle registered in the territory of the state of one of the Parties on the territory of the state of other Party;

e) "regular transportation of passengers" - the transportation of passengers by bus performed along the routes approved with competent authorities of the Parties, the schedule, rates, Items of stops on which the carrier will make landing and disembarkation of passengers;

e) "irregular transportation of passengers" - transportation of passengers by buses which does not fall under determination "regular transportation of passengers".

Article 3

1. Regular transportations of passengers by buses in the bilateral or transit message are performed based on the permissions which are handed over by competent authorities of the states of the Parties on that site. route which passes on the territory of their states.

On the basis of the arrangement competent authorities of the states of the Parties approve in writing conditions and effective period of permission, the schedule, rates, the scheme of route with indication of stop Items on which the carrier performs landing and disembarkation of passengers including check points through frontier of the states of the Parties.

2. The request for receipt of the permission certifying the right of implementation of regular transportations of passengers by buses according to the established routes goes to competent authorities of the states of the Parties.

3. Content, the commitment form and permissions are determined by competent authorities of the states of the Parties.

Article 4

1. Irregular transportations of passengers in the bilateral and transit message are performed by the buses registered in the territory of the state of one of the Parties on permissions, except for the transportations provided in Items 2 and 3 of this Article.

2. Irregular transportations of passengers by buses in the bilateral and transit message are performed without permissions when the group of passengers of the same structure is transported by the same bus, at the same time:

a) the trip begins and comes to an end in the territory of the state of that Party where - the bus is registered;

b) the trip begins in the territory of the state of the Party where the bus is registered, and comes to an end in the territory of the state of other Party provided that the bus leaves this territory empty.

3. Permission is also not required:

a) for entrance of empty buses for the purpose of the return transportation by the same carrier of group of passengers of Item in the territory of the state of other Party in which it is group it was earlier delivered (in the case specified in the subitem "b" of Item 2 of this Article), in Item of initial departure;

b) when replacing the defective bus with other bus.

4. In case of accomplishment of irregular transportations of the passengers specified in Item 2 and the subitem and) Item 3 of this Article, the bus driver shall have the passenger manifest constituted in the special form approved by competent authorities of the Parties.

Article 5

Transportation of goods by vehicles between the states of the Parties or transit across their territories, and also in (from) the third states is transported without the permission

Article 6

1. The transportations provided by this agreement can be carried out only by carriers which according to the national legal system of the state are allowed to implementation of international carriages.

2. The motor transportation affinities performing international carriages shall have registration and distinctive marks of the state. Trail cars and semitrailer trucks can have registration and distinctive marks of other countries provided that cargo vehicles or tractor trucks have registration and distinctive marks according to the Republic of Tajikistan or the Republic of Kazakhstan.

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