ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of October 19, 2012 No. 709

About approval of Rules of provision of services of operators of cars (containers)

According to the subitem 17) Item 2 of article 14 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of provision of services of operators of cars (containers).

2. Declare invalid the order of the Minister of Transport and Communications of the Republic of Kazakhstan of March 16, 2011 No. 146 "About approval of Rules of provision of services of the operator of cars (containers)" (registered in the Register of state registration of regulatory legal acts at No. 6894, No. 185-186 published in the Kazakhstanskaya Pravda newspaper of June 11, 2011 (26606-26607).

3. To committee of transport and means of communication of the Ministry of Transport and Communications of the Republic of Kazakhstan () in accordance with the established procedure to provide to N. I. Kilybay submission of this order to the Ministry of Justice of the Republic of Kazakhstan for state registration.

4. To impose control of execution of this order on the Responsible secretary of the Ministry of Transport and Communications of the Republic of Kazakhstan Kasymbek Zh. M.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Transport and Communications of the Republic of Kazakhstan of October 19, 2012 No. 709

Rules of provision of services of the operator of cars (containers)

1. General provision

1. These rules of provision of services of the operator of cars (containers) (dalee-Pravila) are developed according to the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport", determine procedure for provision of services of the operator of cars (containers).

2. In the course of rendering services the operator is guided by the following principles:

efficiency of satisfaction of need of consignors;

flexibility of use of the working park of cars (containers);

differentiation of lease of cars and mission control of cars (containers).

3. The concepts used in these rules:

1) the operator of cars (containers) - the person owning cars (containers) on the property right or other legal causes, participating in transportation process by rendering services of the operator of cars (containers) and specified in carriage documents;

2) activities of the operator of cars (containers) (further - the operator) - requirements satisfaction of freight owners in ensuring carriages of goods by cars (containers);

3) distribution of cars (containers) - determination of the approved number of cars (containers) between stations of loading taking into account the application submitted by the client;

4) providing clients with cars (containers) - provision by it in use of cars (containers) on station of origin without provision of right of possession by cars (containers) for transportation implementation.

2. Procedure for provision of services of the operator of cars (containers)

4. The basis for provision of services of the operator to clients is the agreement of rendering services of the operator (further - the Agreement) in which basic rights, obligations, responsibility of the parties, conditions of rendering services and timeline for delivery of services are determined. The agreement does not contain numbers or other identifying signs of cars (containers).

5. Provision of services of the operator is performed by interaction with the National operator of infrastructure - based on the contract for rendering information services system of the National operator of infrastructure and the contract for the running uncoupling repair of goods wagons.

6. In case of provision of services the operator:

1) provides cars (containers) in technically and commercially serviceable condition;

2) will organize transportation of empty cars;

3) in carriage documents it is specified as the owner of cars under condition if is owner of the sent car;

4) demands from participants of transportation process:

timely return of the cars, containers after the termination of the duration of the agreement;

ensuring safety of the cars, containers during validity;

compensations of the caused material damage caused by breach of agreement;

timely provision of information on dislocation of the cars, containers on contractual or other basis;

providing the equal right for use of the railway vehicles according to the provided requests of consignors;

provisions to carrier and National operator of infrastructure of information for ensuring conducting primary accounting of the operational, statistical reporting under use of cars (containers) on the main railway tracks.

7. The operator renders to clients of service based on each decade, monthly requests, with indication of the necessary number of cars (containers) according to the signed Agreements.

8. In the absence of the declared number and (or) types of cars, and also in case of exceeding of delivery costs of cars (containers) the operator directs to the applicant within 10 working days motivated refusal to required stations of income of the cars (containers) gained from services of the operator in writing.

9. The operator based on the submitted applications creates the plan of preparation of cars (containers) for transportations.

10. The operator directs the cars (containers) prepared for transportation to the station of origin specified by the client.

For this purpose the operator uses services of carrier in transportation of empty cars (containers).

11. The moment of the beginning and completion of rendering services of the operator of cars is determined by the Agreement.

12. The payment procedure of services of the operator is determined by the Agreement.

13. In case of refusal of the consignor of loading of the empty cars (containers) of the operator and impossibility of their use which arrived according to its request for the station of loading within a day at the station of arrival by other consignor, the operator levies from it payment for every day of idle time if other is not provided by the Agreement.

In case of exceeding of idle time of cars on station or sidings more than 2 days the Operator directs the written notice and draws up cars on other station if other is not provided by the Agreement.

14. Use of cars (containers) of the operator for carriage of goods of which it is not allowed he it is not intended if other is not provided by the Agreement.

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