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LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 17, 2014 No. 194-V ZRK

About traffic

(as amended on 01-02-2021)

This Law establishes the legal basis and general terms of functioning of traffic and ensuring its safety in the Republic of Kazakhstan.

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;

2) the highway - the road which is specially built or reconstructed according to the project for movement of vehicles which does not service roadside ownerships. Access to it is possible only from other roads through flying junctions. This is dear:

has the separate carriageways for movement diversely separated from each other by the lane line which is not intended for movement;

has no intersection at grades with other roads, railway both tramroads and pedestrian walkways;

it is specially designated as the highway;

3) the car - the motorized vehicle intended for movement on roads and transportations on them of people, loads or the equipment installed on it or towages on roads of the vehicles intended for transportation of people, loads or the equipment installed on it including including trolleybuses. This concept does not extend to tractors and self-propelled machines;

4) the car of special function - the vehicle intended for transportation and (or) escort of protected persons;

5) stop - deliberate traffic congestion of the vehicle for a while up to five minutes or for bigger time if it is necessary for landing or disembarkation of passengers, loading or unloading of the vehicle;

6) the bicycle - the vehicle having two wheels or more (except wheelchairs for disabled people) and set in motion by the muscular strength of the people who are on it;

7) bicycle lane - the certain road or part of the road intended for movement of bicycles and designated by the corresponding sign. The bicycle lane structurally separates from other roads or from other elements of the same road;

8) bicycle driving lane - the strip of carriageway intended for movement of bicycles. The bicycle driving lane separates from other carriageway by means of longitudinal road marking and special signs;

9) the settlement - the built-up territory on which entrances and departures with which are designated by the corresponding signs;

10) the pedestrian - the person who is out of the vehicle on the road and not performing on it works. The physical persons moving in wheelchairs for disabled people, conducting the bicycle, the moped, the motorcycle carrying the sledge, the cart, baby carriage are equated to pedestrians;

10-1) separately allocated way - the strip intended only for public transport service including lightrail transport. Separately allocated way separates from other carriageway by means of horizontal road marking and route signs;

11) it is expensive - all right of way of the earth or the surface of artificial feature equipped or adapted and used for movement of vehicles and pedestrians according to the procedure, established by this Law. The road includes one or several carriageways, and also tramroads, sidewalks, roadsides and lane lines in case of their availability;

12) the passenger - the person who is on (v) vehicle and not managing it;

13) traffic - set of the public relations arising in the course of movement of people and loads by means of vehicles or without those within roads;

14) traffic regulations - the regulatory legal act establishing single procedure for traffic, assignment and action of technical and other means of the organization of traffic in the territory of the Republic of Kazakhstan;

15) the participant of traffic - person which is directly involved in the course of traffic as the pedestrian, the passenger or the driver;

16) traffic safety - the traffic condition reflecting degree of security of his participants from the road accidents and their effects and also from negative impacts of traffic on ecological conditions, health of the population;

17) traffic safety control - the activities directed to prevention of the road accidents, negative impacts of traffic on ecological conditions, health of the population, decrease in weight of their effects, and also on elimination of such effects;

18) authorized body on traffic safety control (further - authorized body) - the central executive body and its territorial subdivisions in areas, the cities of republican value and the capital performing management within the competence and cross-industry coordination in the field of traffic safety control;

19) No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

20) the organization of traffic - complex of organization-legal, normative and methodical, design and survey, organizational and technical, control and supervising, administrative and other actions for management of traffic;

20-1) technical means of the organization of traffic - complex of the devices, constructions and images applied on roads for safety control of traffic and track capacity increase are expensive;

21) risk management system in the field of traffic - the system of administration providing carrying out effective planning and control actions, which is based on the principles выборочное™, optimal resource allocation on the most priority directions of control activities;

22) carriageway - the part of the road used for movement of vehicles;

23) owners of roads - physical persons or legal entities, being owners of roads or performing activities for management of roads on the right of economic maintaining or operational management;

24) the road accident - the event which arose in the course of movement on the road of the vehicle and with its participation, entailed damnification to health, the death of the person, damage of vehicles, constructions, loads or other material damage;

25) the driver - person managing the vehicle, the driver conducting on the road the cattle, herd, pack, draft or riding animals;

26) the car driver license - the document confirming the right of vehicle control of the corresponding category. The car driver license the document issued instead of withdrawn or lost for the term established by the legislation of the Republic of Kazakhstan, in the presence of the identity document of the owner of the car driver license is also considered;

27) intelligent transportation system - complex of the interconnected automated systems providing management and control of traffic;

27-1) administrator of systems of electronic passports of vehicles (passports of the landing gear of vehicles) and electronic passports of self-propelled machines and other types of the equipment (further - the administrator of systems of electronic passports) - the organization determined by the Eurasian economic commission to which function of coordination of actions for designing of systems of electronic passports of vehicles (passports of the landing gear of vehicles) and electronic passports of self-propelled machines and other types of the equipment, including commissioning, operation, performance optimization, providing and access control, safety control, tracking of questions of technical supply of these systems, interaction with participants of systems and authorities, inclusion in these systems of new participants, and also initiation of the measures necessary for harmonization of the legislation of state members of the Eurasian Economic Union in the field of functions of these systems is assigned;

27-2) system of electronic passports of vehicles (passports of the landing gear of vehicles) and electronic passports of self-propelled machines and other types of the equipment (further - system of electronic passports) - the structured complex which is turning on the computing and communication equipment, the software, linguistic means, information resources, system personnel and interacting by the rules of participants and users established in this system, and also realizing information technology of accomplishment of the established functions of this system;

27-3) national operator (the national administrator) of system of electronic passports of vehicles (passports of the landing gear of vehicles) and electronic passports of self-propelled machines and other types of the equipment (further - the national operator (the national administrator) of system of electronic passports) - the legal entity performing the organization of work with the administrator of systems of electronic passports with safety control and interactions with participants of system of electronic passports and authorities;

28) the vehicle - the device intended for transportation across roads of people, loads or the equipment installed on it;

28-1) primary vehicle registration - the state registration of the vehicle for the first time performed in the territory of the Republic of Kazakhstan;

29) the vehicle owner - the owner of the vehicle, and also person owning the vehicle on the right of economic maintaining or the right of operational management or on other legal cause (the lease right, the order of relevant organ about transfer to this person of the vehicle). Person managing the vehicle owing to execution of the service or labor duties including based on the employment or civil contract with the owner or other vehicle owner or based on their declaration of will without registration of written form of the transaction is not vehicle owner;

29-1) passport of the vehicle (the passport of the vehicle chassis) - the passport issued on the automotor-vehicles intended for movement on highways public having the internal combustion engine with working volume over fifty cubic centimeters or the electric motor (electric motors) the maximum (total) power more than four kilowatts and (or) the maximum constructive speed more than fifty kilometers per hour, and trail cars to them (the passport issued on the vehicle chassis in case of delivery of the landing gear to their consumers);

29-2) electronic passport of the vehicle (the passport of the vehicle chassis) - the passport of the vehicle (the passport of the vehicle chassis) which is drawn up in system of electronic passports of vehicles (passports of the landing gear of vehicles);

30) state registration of the vehicle - the procedure of the admission of the vehicle to participation in traffic performed by authorized body after check of compliance of documents to the legislation of the Republic of Kazakhstan, reconciliation of vehicle identification numbers with issue of the registration certificate of the vehicle and assignment of the state registration number board;

31) the certificate on state registration of the vehicle - the document confirming the admission of the vehicle to participation in traffic;

32) active safety of vehicles - set of constructive and operational properties of the vehicles allocated for prevention of the road accidents and exception of the premises of their origin connected with design features of the vehicle;

33) passive safety of vehicles - set of constructional and utilization parameters of the vehicles allocated for decrease in weight of the road accidents;

34) authorized body in the field of transport and communications - 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;

35) the region of activities - the territory determined by authorized body in the field of transport and communications in which there are no stationary lines of technical inspection;

36) the state report - the annual status report of traffic safety;

37) the state registration number board - the product which is property of the state and containing the individual alphanumeric designation appropriated to the motorized vehicle and made according to requirements of the national standard. This concept extends to number boards "Transit";

38) the motorized vehicle - the self-propelled road vehicle set in motion by the engine, except for mopeds and rail vehicles. The concept extends also to tractors and self-propelled machines with their participation in traffic;

39) operation of the motorized vehicle - the stage of lifecycle of the motorized vehicle including its proper use from the moment of its state registration until utilization;

40) unified information system of obligatory technical inspection of motorized vehicles and trail cars to them - the electronic database containing the information about owners of motorized vehicles and trail cars to them, motorized vehicles and trail cars to them, results of carrying out obligatory technical inspection;

40-1) operator of unified information system of obligatory technical inspection of motorized vehicles and trail cars to them - the joint-stock company determined by the Government of the Republic of Kazakhstan and performing maintaining, development, integration and maintenance of unified information system of obligatory technical inspection of motorized vehicles and trail cars to them;

41) the moped - two - or the three wheeled vehicle supplied with the internal combustion engine with the cylinder capacity which is not exceeding fifty cubic centimeters, or the electric engine and having the maximum constructive speed no more than fifty kilometers per hour. Bicycles with outboard engine, mokik, scooters and other vehicles with similar characteristics are equated to mopeds;

42) the motorcycle - the two-wheeled motorized vehicle with side trail car or without it, having the engine. Are equated to motorcycles three - and four wheeled vehicles which off-load weight does not exceed four hundred kilograms, scooters with the cylinder capacity exceeding fifty cubic centimeters, and other vehicles with similar characteristics;

43) obligatory technical inspection - periodic process of diagnosing of technical condition of motorized vehicles and trail cars to them on compliance to the requirements established by the legislation of the Republic of Kazakhstan;

44) the parking - the vehicle stall representing the road stretch organized according to the regulatory legal acts approved in the procedure established by the legislation of the Republic of Kazakhstan;

44-1) passport of the self-propelled machine and other types of the equipment - the passport issued on the tractors having the internal combustion engine with working volume over fifty cubic centimeters or the electric motor (electric motors) the maximum (total) power more than four kilowatts, self-propelled road-building, utility, farm vehicles and other land trackless motorized vehicles (except for the automotor-vehicles intended for movement on highways public having the maximum constructive speed more than fifty kilometers per hour) and trail cars to them;

44-2) electronic passport of the self-propelled machine and other types of the equipment - the passport of the self-propelled machine and other types of the equipment which is drawn up in system of electronic passports of self-propelled machines and other types of the equipment;

45) parking - the territory representing specially equipped building (part of the building), construction (part of construction) including one - either multi-level engineering construction, or the special open area intended for storage (parking) of vehicles and organized according to regulatory legal acts;

46) the register of operators of technical inspection - the single list of operators of technical inspection;

47) the operator of technical inspection - the legal entity or the individual entrepreneur performing activities for carrying out obligatory technical inspection and included in the register of operators of technical inspection;

48) the center of technical inspection - the complex intended for performance of works on diagnosing of technical condition of motorized vehicles and trail cars to them, having the stationary and (or) mobile line of technical inspection for these purposes;

49) the diagnostic card of technical inspection - the document containing the information about the owner and the motorized vehicle and trail cars to it with the list of parameters of technical condition of the motorized vehicle and trail cars to it and results of obligatory technical inspection;

50) the stationary line of technical inspection - the complex equipped with diagnostic devices of motorized vehicles and trail cars to them for carrying out obligatory technical inspection, located in the building or construction;

51) the mobile line of technical inspection - the portable complex consisting of the special vehicle or mobile construction (container type) equipped with diagnostic devices of motorized vehicles and trail cars to them for carrying out obligatory technical inspection;

52) the parking - deliberate traffic congestion of the vehicle for the period of more than five minutes for the reasons which are not connected with landing or disembarkation of passengers either loading or unloading of the vehicle;

53) trail car - the vehicle which is not equipped with the engine and intended for movement in structure with the motorized vehicle. The concept extends also to semitrailer trucks and pole trailers;

54) 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;

55) 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;

56) the operator of system of the emergency challenge - the authorized organization exercising control of system of the emergency challenge.

Article 2. Legislation of the Republic of Kazakhstan on traffic

1. The legislation of the Republic of Kazakhstan on traffic is based on the Constitution of the Republic of Kazakhstan and consists of this Law, other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaties ratified by the Republic of Kazakhstan establish other rules, than those which are established by this Law then are applied rules of international treaties.

Article 3. Basic principles of traffic

The basic principles of traffic are:

1) priority of life and health of participants of traffic over economic results of economic activity;

2) priority of responsibility of the state for safety control of traffic over responsibility of participants of traffic;

3) respect for interests of participants of traffic, society and state in case of traffic safety control;

4) system approach to traffic safety control.

Article 4. System of safety control of traffic

The system of safety control of traffic is implementer of state policy in the field of traffic and includes the precepts of law governing the relations in the field of traffic safety control, set of the central and local actuators, legal entities, public associations, participants of traffic, means and measures ensuring traffic safety and mitigation of consequences of the road accidents.

Chapter 2. Public administration and policy in the field of traffic

Article 5. Public administration in the field of traffic

Public administration in the field of traffic includes:

1) determination, development, realization of state policy in the field of traffic;

2) financing of activities in the field of traffic and ensuring its safety;

3) ensuring compulsory insurance of civil responsibility of owners of vehicles to the third parties, and also carriers - before passengers;

4) maintaining the statistical reporting and state accounting of the main target indicators of condition of traffic and ensuring its safety;

5) development, acceptance, approval and realization in accordance with the established procedure legislative, other regulatory legal acts concerning traffic safety control;

6) establishment of competence of the Government of the Republic of Kazakhstan, central, local representative and actuators;

7) coordination of activities of the central and local actuators, physical persons and legal entities for the purpose of the prevention of the road accidents and decrease in weight of their effects;

8) ensuring functioning of risk management system in the field of traffic;

9) safety control of traffic and elimination of effects of the road accidents;

10) safety control of roads and their handling capacity;

11) safety control of vehicles;

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