Agreement between the Government of the Republic of Tajikistan and Government of the Republic of Belarus on the international automobile passenger and freight traffic

of April 5, 2000

The government of the Republic of Tajikistan and the Government of the Republic of Belarus which are hereinafter referred to as by Contracting Parties, wishing to promote mutually beneficial development of the trade and economic relations, for the purpose of simplification and settlement of the international motor passenger and freight transportation between both states and transit across their territories on the basis of equality and mutual advantage agreed as follows:

Article 1. Scope

1. Provisions of this agreement are applied to the passenger and freight transportation which is carried out by the vehicles registered in the territory of one of two states in the bilateral message between the Republic of Tajikistan and the Republic of Belarus in case of transit transportations on their territories, and also in case of entrance on the territory or departure from the territory of the third states on the roads open for the international automobile communication.

2. This agreement does not affect the rights and obligations of Contracting Parties following from provisions of other bilateral or multi-lateral agreements in the field of the international motor passenger or freight transportation operating for the corresponding Contracting Party.

Article 2. Determinations

The concepts applied in this agreement have the following value:

1) carrier - any physical person or legal entity registered in the Republic of Tajikistan or in the Republic of Belarus which according to the legislation existing in the state of registration of the vehicle authorized to carry out the international passenger or freight transportation on commercial basis or on own account;

2) vehicle;

any vehicle with the mechanical drive which is designed and is used to transportation more than nine passengers, including the driver, or to transportation of goods and which is registered in the territory of one of the states of Contracting Parties;

any vehicle registered in the territory of one of the states of Contracting Parties with the mechanical drive, including combination from one car tractor and trail car or semitrailer truck (irrespective of the state of registration of trail car or semitrailer truck), intended for transportation of goods.

3) permission - the document issued for use with payment of charges or without their payment according to the legislation of the state of each of Contracting Parties and granting the right to make one freight transportation there and back in the bilateral message, transit across the territory of the state of other Contracting Party in the period of the term of its action or passenger traffic during certain term

4) special permission - the document granting to carrier the right to carry out transportations on the large-size, heavyweight vehicle, and also transportations of dangerous goods according to the legislation of the state of the Contracting Party on which territory it is transported.

PASSENGER TRAFFIC

Article 3. Regular refuss

1. Regular transportations of passengers by buses are performed along certain routes based on the approved schedule and rates, with the right to make landing and disembarkation of passengers on starting and terminal points, and also on other in advance agreed items of stops,

2. Regular bus traffic can be organized by preliminary approval by competent authority of the state of each Contracting Party of the routes passing on its territory according to requirements of the national legal system, and also in the presence of the consent of the transit states Approval can be provided from 1 to 5 years on the basis of the decision of competent authorities on opening of the regular message.

3. Requests for approval according to Item 2 of this Article, and also the consent of the states on which territory transportation will be performed by transit, are transferred in writing to competent authority of the state of other Contracting Party.

Requests shall contain surname, name and the address of carrier and the name of the company which will organize transportations, rates, route, the schedule of movement, the planned period and frequency of accomplishment of transportations, Items of landing and disembarkation of passengers, useful life, registration number and capacity of the vehicle.

Regular bus transportations are performed on the basis of the permissions issued to carriers by competent authority of the state of each Contracting Party.

4. Competent authorities of the states of Contracting Parties solve by agreement routinely or with participation of the Mixed Commission, stipulated in Article the 16th this agreement, the following questions:

a) enforcement of new bus traffic;

b) development of the schedule of movement of vehicles;

c) establishment of rates;

d) determination of conditions of transportation (routes);

e) reducing, development or the termination of regular bus traffic along certain routes:

e) determination of quantity and types of permissions.

Competent authorities resolve also other issues concerning regular messages.

Article 4. Irregular transportations

1. Irregular transportations can be performed by carriers of the state of one of Contracting Parties only on the basis of the permissions which are previously issued by competent authority of the state of other Contracting Party, except as specified, specified in Article 5.

2. Requests for issue of permissions according to Item 1 of this Article are transferred in writing beforehand to competent authority of the state of other Contracting Party and shall contain surname, name and the address of carrier, the name and the address of the company organizing transportation, route, the transportation implementation period, and also the number of places in the vehicle and its registration number.

Article 5. The transportations exempted from receipt of permissions

Irregular passenger traffic in the bilateral message is exempted from receipt of permissions in the presence of the passenger manifest:

1) irregular transportation of the same group of passengers by the same vehicle throughout all trip which is beginning and coming to an end in the state of registration of the vehicle provided that during transportation and stop out of the territory of the state of the corresponding Contracting Party landing or disembarkation of passengers is not performed ("transportation behind closed doors");

2) irregular transportation of group of passengers of the point of departure in the state of registration of the vehicle, in the destination which is in the territory of the state of other Contracting Party from where the vehicle returns in empty condition.

During these transportations it is possible to perform landing or disembarkation of passengers in the territory of the state of the Contracting Party only after receipt of approval of its competent authority;

3) when replacing the defective bus with other bus.

FREIGHT TRANSPORTATION

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