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

of September 17, 2013 No. 721

About approval of Rules of participation of carrier and National operator of infrastructure when checking observance of safety requirements of movement on sidings, and also implementation by physical persons and legal entities of activities for loading, unloading (unloading) of baggage, loads and cargo baggage

According to Item 3 of article 32 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of participation of carrier and the National operator of infrastructure when checking observance of safety requirements of movement on sidings, and also implementation by physical persons and legal entities of activities for loading, unloading (unloading) of baggage, loads and cargo baggage.

2. To committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan (Absattarov K. B.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, official publication in mass media, including placement it on Internet resource of the Ministry of Transport and Communications of the Republic of Kazakhstan and on the intranet portal of state bodies;

3) submission to Legal department of the Ministry of Transport and Communications of the Republic of Kazakhstan of data on state registration and about the direction on publication in mass media within 5 working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of Transport and Communications of the Republic of Kazakhstan Bekturov A. G.

4. 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 September 17, 2013 No. 721

Rules of participation of carrier and the National operator of infrastructure when checking observance of safety requirements of movement on sidings, and also implementation by physical persons and legal entities of activities for loading, unloading (unloading) of baggage, loads and cargo baggage

1. General provisions

1. These rules of participation of carrier and National operator of infrastructure in check of observance of safety requirements of movement on sidings, and also implementation by physical persons and legal entities of activities for loading, unloading (unloading) of baggage, loads and cargo baggage (further - Rules) are developed according to Item 3 of article 32 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" (further - the Law).

2. Rules establish procedure for participation of carrier and National operator of infrastructure in check of observance of safety requirements of movement on sidings, and also implementation by physical persons and legal entities of activities for loading, unloading (unloading) of baggage, loads and cargo baggage on sidings (further - loading and unloading) established by authorized body.

3. Observance of safety requirements of movement on sidings by authorized body is performed according to requirements, shown to activities of the checked subjects, are established by regulatory legal acts, and in the cases provided by the laws of the Republic of Kazakhstan, only the laws of the Republic of Kazakhstan, presidential decrees of the Republic of Kazakhstan and the orders of the Government of the Republic of Kazakhstan.

4. Requirements of these rules do not extend in cases when soblyudeniye of safety requirements of movement on sidings are performed by authorized body without participation of carrier and the National operator of infrastructure.

2. Procedure for participation of carrier and National operator of infrastructure in conducting check

5. Observance of safety requirements of movement on sidings by authorized body is performed in compliance with the semi-annual plan.

6. For implementation of the tasks the authorized body involves the corresponding specialists of Carrier and the National operator of infrastructure to participation in performed on the questions carried to competence of authorized body regarding loading, unloading (unloading) of baggage, loads and cargo baggage and contents of sidings.

At the same time, for participation in check of specialists of Carrier and the National operator of infrastructure the authorized body no later than one working day prior to the check notifies on it in writing.

In turn the Carrier and National operator of infrastructure from the moment of receipt of the notification sends specialists for participation in check to the terms specified in the letter.

7. When conducting check of sidings with participation of specialists of carrier and National operator of infrastructure the authorized body includes them in the Act of purpose of check which is registered in authorized body on legal statistics and special accounting.

8. Following the results of check specialists of Carrier and the National operator of infrastructure, constitute the reference (conclusion) on the revealed defects in content of way menacing to traffic security, not ensuring safety of railway vehicles, containers and loads.

9. The authorized body following the results of check of siding draws up the Inspection statement in form No. 175 approved by the order of the acting minister of transport and communications of the Republic of Kazakhstan of July 13, 2006 "About approval of forms of acts on conducting checks, registration of results performed, necessary accounting documents on accounting of cases of violations of traffic security, instructions for elimination of the revealed violations" (registered in the Register of state registration of regulatory legal acts at No. 4317) (further - the order No. 175) taking into account the stated facts in the Reference (conclusion) constituted by specialists of Carrier and the National operator of infrastructure.

By results of check in case of the revealed violations by authorized body it is introduced instructions about elimination of the revealed violations in the form established according to the order No. 175, and also is considered administrative offenses according to the legislation of the Republic of Kazakhstan on administrative offenses.

10. In case of availability of notes and (or) objections by results of check vetvevladelets states them in writing.

Notes and (or) objections are attached to the inspection statement about what the corresponding mark becomes.

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