LAW OF TURKMENISTAN

of March 2, 2013 No. 376-IV

About highways and road activities

This Law determines legal, economic and organizational bases of regulation of the relations connected with use of highways, and also implementation of road activities.

Section I. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are used:

1) the highway - the object of transport infrastructure intended for movement of vehicles with the established speeds, loadings and dimensions, including the parcels of land in borders of right of way of the highway.

Highway components in borders of right of way are structural elements, protective and artificial road features, arrangement elements. Highway components, being outside right of way, objects of road service, production facilities, linear apartment houses, and also other linear constructions intended for accomplishment of repair, content and safety of highways are;

2) structural elements of the highway - subgrade, road foundation and road carpet of the highway;

3) elements of arrangement of the highway - route signs, road barriers, traffic lights and other devices for regulation of traffic, the vacation spot, the stopping points, pedestrian walkways, sidewalks, objects intended for lighting of the highway, survey platforms, Items of weight and dimensional control of vehicles, Items of collection of payment, the parking of vehicles;

4) highway right of way - the parcels of land intended for placement of the highway, its structural elements, protective and artificial road features, elements of arrangement of the highway;

5) roadside strips of the highway - the parcels of land adjoining on both sides to right of way of the highway and in which borders the specific mode of their use for the purpose of providing requirements of its safety, traffic safety, and also creation of conditions for carrying out reconstruction, major, medium and running repair, content of the highway is set;

6) reconstruction of the highway - complex of works in case of which accomplishment the change of parameters of the highway, its sites leading to change of category of the highway is performed;

7) major repair of the highway - complex of works on replacement and (or) recovery of structural elements of the highway, protective, artificial road features, elements of arrangement and (or) their parts in case of which accomplishment constructional and other features of reliability and safety of the highway are mentioned;

8) medium repair of the highway - complex of works on recovery of layer of depreciation of the highway with simultaneous correction of all types of deformation and destructions of road carpets, protective, artificial road features, elements of arrangement and (or) their parts;

9) running repair of the highway - complex of works on recovery of transport utilization properties of the highway in case of which accomplishment constructional and other features of reliability and safety of the highway are not mentioned;

10) artificial road features - the constructions intended for movement of vehicles and pedestrians through natural and other obstacles. Bridges, overpasses, tunnels, platforms, above-ground and underground crosswalks belong to the main artificial road features;

11) protective road constructions - gardening elements, antimudstone and snow protection constructions, fences, sound and wind-shelter protective devices, and also devices from movement of sands and other protective devices;

12) production facilities - the constructions used in case of major, medium and running repair of the highway and also the linear constructions and complexes providing functioning and safety of highways;

13) road activities - activities for designing, construction, reconstruction, implementation of major, medium and running repair, content of highways, including protective, artificial road features, arrangement elements, and also production of the construction materials, designs and products necessary for implementation of road activities;

14) objects of road service - buildings, structures, constructions, other objects intended for servicing of participants of traffic on travel line. To the main objects of road service gas stations, bus stations, bus stations, hotels, campings, motels, Items of public catering, service station, and also the corresponding objects, necessary for their functioning (including parking of vehicles) treat with improvement of the adjacent territory.

Article 2. Purposes and tasks of this Law

1. The purposes of this Law are:

1) creation of bases of functioning of highways, implementation of road activities for the benefit of users of highways;

2) assistance to implementation of the latest technologies and standards in the field of use of highways and implementation of road activities;

3) improvement of the investment climate in the field of use of highways and implementation of road activities.

2. Tasks of this Law are:

1) development of highways, improvement of their transport utilization properties;

2) ensuring workable and fair competition in the field of implementation of road activities;

3) integration of highways into the international transportation network.

Article 3. Legislation of Turkmenistan on highways and road activities

1. The legislation of Turkmenistan on highways and road activities is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than containing in this Law, then rules of the international treaty are applied.

Article 4. State policy in the field of highways and road activities

State policy in the field of highways and road activities is aimed at providing:

1) safety, protection of life and human health on highways;

2) equalities of physical persons and legal entities when using of highways;

3) equalities of the legal entities and physical persons who are engaged in business activity without education of legal person individual entrepreneurs when implementing road activities;

4) enhancement of transport infrastructure.

Article 5. Standardization and ensuring unity of measurements in the field of highways and road activities

Standardization and ensuring unity of measurements in the field of highways and road activities are performed according to the legislation of Turkmenistan.

Chapter 2. State regulation and management in the field of highways and road activities

Article 6. The bodies exercising state regulation and control in the field of highways and road activities

1. The bodies exercising state regulation and control in the field of highways and road activities are the Cabinet of Ministers of Turkmenistan, the State agency on construction management of highways (further - authorized body).

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