Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2003 No. 476-II

About road transport

(as amended on 26-11-2019)

This Law governs the relations arising between carriers, passengers, consignors, consignees, other physical persons and legal entities in the field of road transport.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) system of the emergency challenge in case of accidents and catastrophic crashes (further - system of the emergency challenge) - the state automated information system functioning with use of signals and these navigation satellite systems providing provision of the formalized information on the road accidents and other emergency situations on highways of the Republic of Kazakhstan in the emergency field services;

1-1) buses - the automotive vehicle intended for public conveyance and baggage, having more than eight places for sitting excepting driver's seat;

2-1) services of bus stations, bus stations and service points of passengers - the activities performed by physical and (or) legal entities on bus stations, bus stations and in service points of passengers, connected with ensuring motor transportations of passengers and baggage;

2) bus station - the complex of constructions intended for servicing of passengers and drivers of buses which passenger traffic constitutes more than five hundred people a day, and including: the capital building with the waiting room with a capacity over seventy five people and ticket offices, Items of medical examination of drivers and rendering primary health care, baggage storage, the platform for landing and disembarkation of passengers, site for the parking of buses, posts for survey of buses, control offices and the room of mother and child located in the territory of at least five thousand m2s;

3) technical operation of vehicles - complex of the actions, technical impacts (diagnosing, technical maintenance, repair) directed to the organization and ensuring safe operation of vehicles;

4) road transport - industry of economy which field of activity are the organization and implementation of public conveyances, baggage, loads and mailings with use of vehicles and infrastructures;

5) infrastructure of road transport - the complex of constructions (bus stations, bus stations, service points of passengers, freight terminals, stations (masterful) maintenance and repair of vehicles, construction for storage of vehicles) providing continuity of process of transportations, and also safe operation of vehicles;

6) the automotive vehicle (further - the vehicle) - unit of railway vehicles of the road transport including buses, minibuses, passenger and cargo vehicles, trolleybuses, automobile trailers, semitrailer trucks to truck tractors and also the specialized cars (intended for transportation of certain types of loads) and the special equipment vehicles (intended for accomplishment of different mainly not transport works);

7) motor transportations - the public conveyances, baggage, loads and mailings performed by vehicles on highways;

8) automobile carrier (further - carrier) - the physical person or legal entity owning vehicles, except for passenger, on the property right or on other legal causes, performing business activity on public conveyance, baggage, loads and mailings;

9) bus station - the complex of constructions intended for servicing of passengers and drivers of buses which passenger traffic constitutes less than five hundred people a day, and including: the capital building with the waiting room capacity to seventy five people and ticket offices, baggage storages, the platform for landing and disembarkation of passengers, site for the parking of buses, control offices located in the territory of at least two and a half thousand m2s;

9-1) information and dispatching taxi service - the service created by the carrier or the other person who is the individual entrepreneur or the legal entity of the Republic of Kazakhstan for processing of customer orders and their transfer on execution to carrier of taxi including using the hardware and software and (or) mobile application of the order of taxi;

9-2) special automated measuring means - the certified special control and measuring technical equipment which underwent metrological checking performing photo, video filming working in automatic mode fixing type, brand, the state registration sign, weight and (or) dimensional parameters and motion speed of vehicles;

9-3) socially important transportations - the public conveyances in the regular message exerting impact on economic and social situation of society and organized for the purpose of ensuring available price level and possibility of free movement of the population on the territory of the Republic of Kazakhstan;

10) baggage - the property of the passenger packed and transported in baggage compartment of the bus, the minibus or in the luggage car accompanying the bus, the minibus within the regulations established by Rules of public conveyance and baggage road transport and also in taxi based on the supplementary agreement with carrier;

10-1) non divisible load - bulky and (or) heavy load which cannot be in transit divided into two or more parts without change of its assignment, excessive costs or risk of its spoil;

11) the car - the vehicle intended for motor transportation of passengers and baggage and having no more than eight places for sitting excepting driver's seat;

12) the passenger - the physical person using services of carrier based on the signed agreement of motor transportation or other legal cause;

12-1) passenger agency - the person rendering services in sale of travel documents (tickets) through the Items of sales based on the contract with carrier, providing fulfillment of requirements, the travel documents (tickets) shown to registration;

12-2) service point of passengers - the object intended for servicing of passengers in the settlements which do not have bus stations or bus stations, equipped for sale of travel documents (tickets) and luggage receipts, site for safe stop of vehicles, landing, disembarkation of passengers and construction for protection of passengers against different weather conditions;

13) irregular motor transportations of passengers and baggage - transportations which do not belong to regular, performed with use of buses, minibuses by the carriers having the licenses granted in accordance with the established procedure;

14) the regular motor transportations of passengers and bagazhaperevozk performed by carriers with use of buses, minibuses, trolleybuses on in advance approved routs to follow, schedules of movement with the established starting and terminal points, Items of landing and disembarkation of passengers;

15) the route sheet - the document intended for accounting and control of work of the driver and the vehicle;

15-1) travel document (ticket) - the document in paper or electronic form by which execution the transportation agreement of the passenger is signed;

16) the consignee - the physical person or legal entity authorized on receipt of load based on the agreement of motor transportation of load or on other legal causes;

17) the consignor - physical person or legal entity on behalf of which shipment is drawn up;

18) loads - the property accepted for shipment according to requirements, statutory rules of carriages of goods by road transport;

18-1) post of transport control - the stationary or portable check-point equipped with technical means of control, equipped with the capital building or special motor transport;

18-2) public transport - the common carrier performing regular and irregular motor transportations of passengers and baggage, and also taxi;

19) it is excluded

20) it is excluded

21) it is excluded

22) it is excluded

23) cabin baggage - the personal belongings of the passenger transported by him in inside of the bus, the minibus or taxi which weight and dimensional parameters conform to the requirements established by Rules of public conveyances and baggage road transport;

23-1)  No. 249-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 19.04.2019;

23-2) service center (workshop) - the physical person or legal entity performing activities for installation and servicing of tachographs;

23-3) certified center - the legal entity performing digital certification of electronic cards to electronic (digital) tachographs according to provisions of the European agreement concerning work of crews of the vehicles making the international motor transportations, (ESTR) of 1970;

23-4) equipment of satellite navigation - the hardware-software device established on the vehicle for determination of its current location, the direction and motion speed on signals of the global navigation satellite systems, data traffic with the additional aircraft equipment and also for exchange of information on networks of mobile radio-fraquency voice communication;

24) it is excluded

25) taxi - the car intended for motor transportation of passengers and baggage, equipped according to Rules of public conveyances and baggage road transport;

25-1) mobile application of the order of taxi - the software product used on the subscriber structure of cellular communication and providing access to the order of taxi and lease of the manned vehicle by means of services of cellular communication or the Internet;

25-2) carrier of taxi - the individual entrepreneur or the legal entity rendering services in public conveyance and baggage of taxi;

25-3) taximeter - the device intended for calculation of the cost (price) of public conveyance and baggage of taxi;

25-4) tachograph - the mechanical or electronic (digital) control device of registration of work-rest schedule of drivers;

26) it is excluded

27) authorized body - the central actuator performing management in the field of road transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

28) the international motor transportations - the transportations performed by carriers between the Items located in the territory of the different states;

29) the minibus - the bus of especially small class having no more than sixteen places for sitting, excepting driver's seat, provided by manufacturing plant;

30) the emergency field services - the services giving emergency help in case of the road accidents and other emergency situations on highways of the Republic of Kazakhstan;

31) the device of challenge of the emergency field services - the device performing and providing position fixing, speeds and driving directions of the vehicle by means of signals at least two operating global navigation satellite systems, transfer of the message on the vehicle in case of the road accident and other emergency situation and also two-way voice communication with the emergency field services on networks of mobile radio-fraquency voice communication.

Article 2. Legislation of the Republic of Kazakhstan on road transport

The legislation of the Republic of Kazakhstan on road transport is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

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

Article 3. Coverage of this Law

Operation of this Law extends on all physical persons and legal entity performing according to the legislation of the Republic of Kazakhstan activities in the field of road transport.

The legal act for the status of the capital of the Republic of Kazakhstan features of public conveyance and baggage by road transport in the capital can be established.

Article 4. The basic principles of implementation of activities in the field of road transport

Works and services in the field of road transport are performed on the basis of the following basic principles:

1) priority of safety, protection of life and human health, natural conservation and cultural values;

2) equal rights of physical persons and legal entities when implementing works and services in the field of road transport;

3) ensuring freedom of choice to the consumer of services in the field of road transport;

4) providing according to the legislation of the Republic of Kazakhstan freedoms of the prices of works and services in the field of road transport.

Article 5. Ensuring mobilization readiness and attraction of road transport to liquidation of emergency situations

The relations connected with ensuring mobilization readiness of road transport, actions for civil defense and wreckings, liquidations of emergency situations of social nature are regulated by special legal acts of the Republic of Kazakhstan.

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