Agreement between the Government of the Republic of Kazakhstan and Government of the Republic of Armenia on the international automobile communication
of November 6, 2006
The government of the Republic of Kazakhstan and the Government of the Republic of Armenia which are hereinafter referred to as by "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 to transits across their territories,
agreed as follows:
1. The parties agree to promote according to this agreement and the national legal system to cooperation in the field of the international automobile communication, to transport passengers and loads between two states, transit transportations and transportations in/from third the country.
2. Stipulated in Item 1 this Article is transported by the vehicles registered in the territories of the states of the Parties.
For the purposes of interpretation of provisions of this agreement the following terms mean:
a) "competent authorities":
- from the Kazakhstan Side - the Ministry of Transport and Communications of the Republic of Kazakhstan;
- from the Armenian Side - the Ministry of Transport and Communications of the Republic of Armenia;
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 of the Parties and allowed according to national legal systems of the states of the Parties to accomplishment of the international motor transportations of passengers or loads;
- 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 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 performing passenger traffic;
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 get under determination "regular transportation of passengers";
g) "special permission" - permission to journey of the state of one Party of the vehicle belonging to carrier with non bulky and heavy or dangerous goods on the territory of the state of other Party.
1. Regular transportations of passengers by buses in the bilateral or transit message are performed based on the permissions issued by competent authorities of the states of the Parties on that site of route which passes on the territory of their state.
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.
1. Irregular transportations of passengers in the bilateral and transit message are performed by the buses registered in the territory of the states of the Parties on permissions, except for the transportations provided by 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 this group was earlier brought (in the case specified in the subitem) 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 state of the Parties.
For transportation of goods between the states of the Parties or transit across their territories from the territory of the state of other Party on the territory of the third state, and also from the territory of the third state on the territory of the state of other Party of permission it is not required.
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 vehicles 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 will have registration numbers and distinctive marks according to the states of the Parties.
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