LAW OF TURKMENISTAN

of March 2, 2013 No. 377-IV

About road transport

This Law establishes legal, economic and organizational bases of functioning of road transport.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

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

1) the automotive vehicle (further - the vehicle) the vehicle (single or structure from several units of vehicles) set in motion by the engine and intended for public conveyance, loads or the special equipment, and also accomplishment of other work types;

2) automobile carrier (further - hauler) - the physical person or legal entity which is carrying out motor transportations (further - road haulage) passengers, loads on the bases established by the legislation of Turkmenistan;

3) road transport - mode of transport on which public conveyances, loads are carried out with use of vehicles and communications of road transport;

4) the customer of road haulage - the physical person or legal entity performing the order for road haulage of passengers, loads, and also for other work types;

5) communications of road transport - the highways, terminals and other constructions used in case of accomplishment of road haulage of passengers, loads by vehicles, and also intended for content and servicing of vehicles;

6) cabin baggage - the things and other property of the passenger which is not prohibited on the properties, the sizes and weight to transportation in the passenger vehicle and transported under responsibility of the passenger;

7) baggage - the things and other property of the passenger which is not prohibited on the properties, the sizes and weight to road haulage in luggage section of the passenger vehicle and transported by hauler under its responsibility;

8) the passenger - the physical person making trip based on the ticket (further - the travel document) or other legal causes;

9) load - the material values or materials of non-commodity nature accepted by hauler in accordance with the established procedure for their delivery in destination;

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

11) the consignee - the physical person or legal entity authorized on receipt of load based on the agreement of road haulage of load or other legal causes.

Article 2. Legislation of Turkmenistan on road transport

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

2. Operation of this Law extends to the relations arising between physical persons and legal entities on use of road transport if other is not established by the legislation of Turkmenistan.

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

Article 3. Basic principles of functioning of road transport

The basic principles of functioning of road transport are:

1) safety, protection of life and health of the person, environmental protection;

2) equal rights of physical persons and legal entities when using of services of road transport;

3) liberty of choice of works and services in the field of road transport.

Article 4. Rates for services in the field of road transport

1. Rates for services of city routes in the mode of regular passenger traffic are established by the Cabinet of Ministers of Turkmenistan.

2. Rates for services in the road haulage of loads which is carried out for the companies, the organizations and organizations financed by means of the Government budget of Turkmenistan are established by the legislation of Turkmenistan.

3. Rates for the services which are not specified in parts one and the second this Article are established on contractual basis.

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

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

Article 6. Registration and classification of vehicles. Classification of road haulage

1. Vehicles are subject to state registration and classification.

Vehicles are classified by the following types:

1) passenger vehicles - buses, minibuses, cars, passenger trail cars and semitrailer trucks;

2) cargo vehicles - cargo vehicles, cars tractors, utility trailers and semitrailer trucks;

3) special vehicles - the cars, trail cars and semitrailer trucks intended for accomplishment different special, mainly not transport works;

4) other types of vehicles.

Registration and classification of vehicles are performed according to the procedure, established by the legislation of Turkmenistan.

2. Road haulage are subdivided:

1) by the form - on internal and international;

2) to destination - on passenger and cargo;

3) on the movement mode - on regular and irregular.

Classification of road haulage is performed according to Rules of motor transportations of passengers and baggage, Rules of motor transportations of loads.

3. Domestic road haulage - the transportations which are carried out in the territory of Turkmenistan.

4. The international road haulage - the transportations which are carried out between Turkmenistan and foreign states, and also the transit message through the territory of Turkmenistan.

5. Passenger road haulage - the public conveyances which are carried out by passenger vehicles.

6. Goods road haulage - the carriages of goods which are carried out by cargo vehicles.

7. Regular road haulage - the transportations which are carried out along certain route, the schedule, movement interval with the established rates, the beginning and close-up, landing places and disembarkation of passengers.

8. Irregular road haulage - the transportations custom-made.

Article 7. Mobilization preparation of road transport

1. Public authorities, local self-government shall perform and maintain permanent mobilization readiness of road transport.

2. Mobilization preparation of road transport is performed according to the legislation of Turkmenistan.

Article 8. Involvement of haulers to mitigation of consequences of emergency situations

1. In case of emergency situations of natural or technogenic nature haulers shall fulfill legal requirements of the public authorities, local self-governments exercising control of mitigation of consequences of emergency situations and also to use the material and other means which are available at their order for these purposes.

2. Expense recovery to the haulers involved in mitigation of consequences of emergency situations, accomplishment of wreckings is performed according to the procedure, established by the legislation of Turkmenistan.

3. Involvement of haulers to mitigation of consequences of emergency situations is performed according to the legislation of Turkmenistan.

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