LAW OF THE KYRGYZ REPUBLIC

of August 4, 2008 No. 188

About obligatory civil liability insurance of carrier of dangerous goods

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 20, 2008

This Law establishes legal, economic and organizational basis of regulation of the relations in the field of obligatory civil liability insurance of carrier of dangerous goods and is directed to accomplishment of the obligations by carriers on indemnification caused to the victims in the course of delivery of dangerous goods automobile, air, water and by rail in the territory of the Kyrgyz Republic.

Article 1. Scope of this Law

1. This Law governs the relations arising in case of obligatory civil liability insurance of carrier of the dangerous goods transported by means of road, air, water and rail transport on the territory of the Kyrgyz Republic.

2. Operation of this Law does not extend to technological transportations of dangerous goods in the territories of the companies, the organizations performing their production, conversion, storage, application and (or) destruction if such transportations are performed without exit to ways (road) public.

Article 2. Legislation of the Kyrgyz Republic on obligatory civil liability insurance of carrier of dangerous goods

2. If the international treaty ratified by the Kyrgyz Republic establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. The basic concepts used in this Law

In this Law the following basic concepts are used:

the insurer - the citizen or the legal entity who signed the insurance contract with insurance company (insurer);

the insurer - the legal entity (insurance organization), the license for the implementation of insurance of the corresponding type which is the commercial organization and having;

insurance premium - the payment caused by the agreement which the insurer shall pay to the insurer according to the procedure and the terms established by the insurance contract;

insurance rates - the rates developed by the insurer and applied by him in case of determination of the size of the insurance premium which is subject to payment according to the insurance contract;

insurance sum - the amount within which the insurer shall pay insurance indemnity under the agreement of obligatory civil liability insurance of carrier of dangerous goods;

insurance indemnity - the amount paid by the insurer according to the insurance contract in damage covering in case of loss occurrence;

insured event - the accomplished fact provided by the insurance contract or the law with which approach there is obligation of the insurer to make insurance payment to the insurer, insured person or beneficiary;

insurance risk - expected event on which case of approach insurance is led;

premiums - the insurance premium which is periodically brought to the insurer by the insurer in accordance with the terms of the insurance contract;

insurance reserves - the special cash funds created by insurers of the received premiums on types of insurance for the purpose of ensuring accomplishment of the insurance bonds assumed by them;

the beneficiary - person who is the victim and (or) the victim's heir - physical person in case of his death or the legal successor in case of reorganization of the legal entity, the having right to insurance indemnity;

reinsurance - insurance fully or partially risk of payment of insurance indemnity at other insurer under the agreement of reinsurance signed with it. At the same time the insurer according to the insurance contract (basic agreement) who signed the agreement of reinsurance is in the agreement of reinsurance by the insurer;

double insurance - insurance of the same property at two or several insurers;

joint insurance - insurance of one object under one agreement jointly several insurers;

responsibility limit - the maximum size of the insurance indemnity paid by the insurer on one insured event;

dangerous goods - substances and objects which in case of transportation, handling works and storage can serve as cause of explosion, the fire or damage of vehicles, warehouses, devices, buildings and constructions, and also death, injuring, poisoning, burns, radiation or disease of people and animals.

Dangerous goods divides into the following classes:

class 1 - explosive substances;

class 2 - the compressed gases liquefied and dissolved under pressure;

class 3 - flammable fluids;

class 4 - flammable substances and materials;

class 5 - the oxidizing substances and organic peroxides;

class 6 - toxic (toxic) agents;

class 7 - radioactive and infectious materials;

class 8 - caustic and corrosion substances;

class 9 - other dangerous substances.

A) To class 1 (explosive substances) are carried:

explosive substances, i.e. solid or liquid substances or mixes of substances which are capable to chemical reaction with release of gases with such intensity, temperature and pressure that it causes damage of surrounding objects, except for those substances which are not allowed to transportation (especially dangerous VV, i.e. too sensitive or easily exposed to self-decomposition) or those which preferential type of danger corresponds to other class;

the products containing one or several explosive substances except the devices containing explosive substances in such quantities or with such properties that their accidental ignition or initiation in the course of transportation will not lead to such manifestations as scattering, fire, smoke, heat or sound effect out of packaging.

B) Carry the substances answering at least to one of the following conditions to class 2 (the compressed gases liquefied and dissolved under pressure):

excessive pressure at temperature of 20 degrees Celsius is equal in vessel or more than 1х10 (5) to Pa (1 kg / kv.sm);

absolute pressure of vapors at temperature of 50 degrees Celsius is equal or more than 3х10 (5) to Pa (kg / kv.sm); critical temperature is less than 50 degrees Celsius.

C) To class 3 (flammable fluids) are carried by the liquids, mixes of liquids, solutions and suspensions (for example, paints and varnishes) having flash temperature in accordance with GOST of 12.1.044-84 no more than 61 degrees Celsius in the closed vessel or 60 degrees Celsius in the closed vessel.

D) Carry flammable solid substances, the igniting spontaneously substances and substances emitting flammable gases in case of interaction with water to class 4.

E) Carry the oxidizing substances and organic peroxides to class 5.

E) To class 6 (toxic agents) are carried by the substances capable to cause poisoning in case of inhalation (vapors, dust or aero suspension), hit inside or contact with skin, the having toxicity indicators answering at least to one of the following criteria:

srednesmertelny dose (LD50):

in case of hit in solid substances - no more than 20 mg/kg;

in case of hit in liquid substances - no more than 500 mg/kg;

in case of action on skin - no more than 1000 mg/kg;

srednesmertelny concentration (LK50):

in case of inhalation of dust or aero suspension - no more than 10 mg/l;

the temperature threshold of toxicity (TTT) - no more than 55 degrees Celsius;

the coefficient of possible inhalation poisoning (CPIP) - is at least 0,2.

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