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CODE OF THE RAIL TRANSPORT OF THE REPUBLIC OF MOLDOVA

of July 17, 2003 No. 309-XV

(as amended on 09-06-2022)

The parliament accepts this code.

Chapter I of the Basis of activities of rail transport

Part 1 General provisions
Article 1. Purpose and tasks of the Code of rail transport

The code of rail transport (further - the code):

a) determines legal, organizational and economic basis of activities of rail transport, its feature, the place and role in national economy, regulates its relations with bodies of the supervisory and local public control, with other modes of transport;

b) governs the relations between the railroad and the consignors, consignees, passengers, other physical persons and legal entities using services of rail transport, determines their rights, obligations and responsibility;

c) regulates the main condition of carriages of passengers, loads, baggage and cargo baggage, establishes general service regulations of railroad side tracks.

Article 2. Coverage of the code and control of observance of its requirements

(1) Action of this Code extends to public conveyances, loads, baggage and cargo baggage by rail of the Republic of Moldova open for general use, including carriages of goods which loading and unloading is made on railroad side tracks, and also on the rail lines under construction adjoining railway tracks public (main).

(2) Control of observance of requirements of this Code by physical persons and legal entities which fall under its action is performed by the central industry body of public management, and also other bodies of the supervisory public control equipped with the law such function.

Article 3. Basic concepts

In this code the following basic concepts are used:

rail transport - the mode of transport public representing the single production and technological complex including the companies and organizations of production and social assignment public administration of which exercises the central body of public management in the field of transport;

the railroad - the rail transport system intended for public conveyance and loads which treat:

a) railway track and corresponding constructions (railway tunnels, bridges, etc.);

b) operational constructions;

c) railway vehicles, and also

d) structures for ensuring work of the elements stated above and the operational organizations for implementation of public conveyances and loads;

the market of transport services - the sphere of implementation of public conveyances, loads, baggage and cargo baggage, maintenance and repair of vehicles, subsidiary and auxiliary and other work types (services) connected with transportations;

movement safety control - activities of bodies of rail transport, bodies of the supervisory and local public control, the companies, organizations, citizens for ensuring smooth functioning of the railroad and non-admission of emergency situations in transportation process, and also on reduction of effects of possible accidents;

right of way - the earth of rail transport, occupied by subgrade, artificial features, linearly - roadway and other buildings, devices of railway communication, railway stations, protective afforestations and trackage layouts;

conservation zones - the parcels of land necessary for ensuring safety, durability and stability of constructions, devices and other objects of rail transport, and also the earth with the mobile soil adjoining to lands of rail transport;

transportation process - complex organizationally and technologically interconnected actions and transactions which are carried out by structural divisions of the railroad by preparation, implementation and completion of public conveyances, loads, baggage and cargo baggage;

railway tracks public (main) rail lines on which the railway stations which are carrying out the corresponding transactions on acceptance and departure of trains, on servicing of passengers, on receiving and delivery of loads, baggage and cargo baggage, production of shunting operation are located;

through mixed traffic - the carriages of goods performed by different types of transport according to the single carriage document (delivery note) constituted on all travel line of loads;

the passenger - the physical person having the travel document (ticket) and making trip in the train;

load - the object of rail hauling (products, objects, minerals, materials, etc.) accepted in accordance with the established procedure for transportation by rail which bears responsibility for timeliness of its delivery and safety according to this code;

baggage - things, other material values sent by the passenger for personal needs at additional expense in the luggage car to the station of destination specified in the travel document (ticket) of the passenger;

cargo baggage - the load, other material values transported in passenger and post and luggage trains;

dangerous goods - substances, materials, products and waste which owing to the physical condition, chemical, biological properties, radioactivity or other specific features can create in course of carriage, accomplishment of handling works and storage threat for life and human health, to cause environmental pollution, death of flora and fauna, damage or destruction of vehicles and other property;

special transportations - the type of transport providing transportation of particular loads for especially important state and defense needs;

the international railway service - public conveyances, loads, baggage and cargo baggage between the Republic of Moldova and other countries;

the consignor - the physical person or legal entity acting on its own behalf or on behalf of the owner of load, baggage, cargo baggage, specified in carriage documents;

the consignee - the physical person or legal entity authorized on receipt of load, baggage, cargo baggage;

railroad side track - the railway track connected with general network of the railroads continuous rail gage, intended for servicing of certain consignors and consignees;

places public - the warehouses (covered and opened), the sites which are specially allocated for the territories of railway stations belonging to the railroad and used for loading, unloading, sorting and storage of loads, baggage and cargo baggage;

places of own use - the warehouses (covered and opened), the sites which are specially equipped both beyond limits, and in the territory of railway stations, not belonging to the railroad or leased by it and used for accomplishment of materials handling operations;

Rules of carriages of goods by rail - the regulation developed according to provisions of this Code, regulating obligatory for the railroad, consignors and consignees of condition of carriages of goods taking into account their features, for the purpose of safety control of movement, safety of loads and railway vehicles, and also ecological safety;

Rules of public conveyances, baggage and cargo baggage by rail - the regulation developed according to provisions of this Code, regulating conditions of such transportations and establishing the rights, obligations and responsibility of the railroad and the passengers using railway transport;

carriage documents - the superimposed, road sheet, the travel document (ticket), the luggage receipt, the cargo luggage receipt;

the collection "Rules of Transportations and Rates on Rail Transport" - the periodical in which the regulations approved by the central industry body of public management within its competence are published;

the additional charge - the charge rate of additional transaction or work which is not included in rate;

dual transaction - use by the consignee of the car unloaded by it and/or container for loading of other loads;

The tariff management - the systematized edition in which the prices of works and services approved in accordance with the established procedure and included in rates which respectively are carried out and rendered by railway transport, the additional charges are published is given procedure for calculation of rates of payment for public conveyances, loads, baggage and cargo baggage, for use of cars and containers.

Article 4. Role of rail transport in economy and the social sphere

(1) the Rail transport is constituent of single transport system of the country and it is called in interaction with other modes of transport timely and qualitatively to provide in internal and international railway services of need of the population for transportations and other services, activities of all industries of economy and homeland security of the state, effective development of business activity of the companies of industry, to create the market of transport services.

(2) Activities of rail transport are regulated and controlled by the state.

(3) Development of material and technical resources of rail transport is performed at the expense of own means of its companies, and also means state and local budgets, attraction of internal and external loans.

(4) Rail haulings belong to natural monopoly that determines special conditions of development and functioning of rail transport.

Article 5. The railroad and its role in system of rail transport

(1) the Railroad is structure public of the state value.

(2) Leading enterprise of rail transport in the Republic of Moldova - the state company "Calea Ferata din Moldova" which manages productive, financial activities of the independent structural divisions which are engaged in rail haulings and coordinates work of other companies, organizations and organizations of rail transport providing its functioning.

(3) the State company "Calea Ferata din Moldova" performs the activities in all territory of the Republic of Moldova. The central industry body of public management manages it.

Article 6. Legislation on rail transport

(1) the Activities of rail transport providing public conveyances, loads, baggage and cargo baggage will be organized according to the Constitution of the Republic of Moldova, the Civil code, the Law on transport, this code, other existing regulations, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) the Regulations regulating activities of rail transport and establishing conditions of transportations, uses of rail media, traffic securities, observance of procedure for crossing of railway tracks by other modes of transport, flammability control and also sanitary regulations are obligatory for the companies, the organizations, organizations and citizens using services of rail transport.

Article 7. Management on rail transport

(1) According to the current legislation the management, management and regulation of activities of rail transport are performed by the central industry body of public management of the Ministry of infrastructure and regional development within its competence. Management of transportation process is made directly by the companies performing this type of activity.

(2) rail transport the companies of rail transport performing public conveyance and loads, the railway vehicles belonging to them, railway tracks, and also the industrial, construction, trade and other enterprises, the organizations and organizations ensuring rhythmical rail activity and its development log in.

(3) Organa of the supervisory and local public control, public and other organizations, and also citizens have no right to interfere with the activities of rail transport which are directly connected with transportation process, except as specified, provided by the current legislation.

(4) Creation, reorganization and liquidation of the companies of rail transport functioning by the right of economic maintaining are performed according to the current legislation by the central industry body of public management, and the companies which object of activity are the organization and ensuring transportation process, - according to the orders of the Government.

(5) the activities Termination (closing) of railway tracks public (main) is made by the central industry body of public management in coordination with the Government and relevant organs of local public authority.

Article 8. Property of rail transport

(1) the Property of the companies, organizations, organizations and objects of rail transport which directly provide transportation process and carrying out emergency recovery operations is exclusively public property.

(2) the Companies of rail transport own, use and dispose of property according to provisions of the Civil code, Law on the state company, the Law on transport, of this Code, other existing legal acts, and also international treaties, one of the parties of which is the Republic of Moldova.

(3) the Decision on fixing of property in economic maintaining and operational management behind the company, organization of rail transport is accepted by the central industry body of public management.

(4) Sale, leasing or management of different way of the real estate which is at the disposal of the companies of rail transport without change of the right of state-owned property to this property are made by such companies with the consent of the central industry body of public management according to the procedure, established by the Government.

(5) Sale, exchange, leasing, non-paid provision in temporary use, write-off from balance of railway vehicles and the containers which are in state-owned property without change of the property right are performed taking into account specifics of activities of rail transport by the central industry body of public management or according to its order by administration of the railroad according to the procedure, established by this body.

(6) Sale of railway vehicles, the containers, buildings and constructions which are not used in engineering procedure of the company to physical persons and legal entities with change of the right of state-owned property to this property is performed according to the procedure, established by the Government.

(7) the Means received from the transactions with property provided by this Article are enlisted in the income of the companies of rail transport and shall be used on acquisition of railway vehicles and containers, development of production capacities and construction of social infrastructure of the companies on which balance there is this property.

(8) the Objects and other property of rail transport which are directly providing transportation process and accomplishment of emergency recovery operations are not subject to privatization and privatization.

(9) Privatization of the companies, and also the objects and other property of rail transport except for specified in part (8), with establishment of terms and conditions of its carrying out it is allowed according to the procedure, determined by the current legislation.

(10) the Railroads are subject to state registration in the Register of objects of technical infrastructure.

Part 2 Earth of rail transport and conservation zones
Article 9. Earth of rail transport

(1) Lands of rail transport are the parcels of land provided according to the Land code, other existing regulations in permanent (termless) use to the companies, organizations of rail transport for accomplishment of special tasks by them. These are the lands allocated under railway tracks and stations (including right of way), and also occupied with the protective and strengthening plantings, structures, buildings, constructions and other objects necessary for ensuring functioning of rail transport.

(2) For temporary use the companies, organizations of rail transport of the earth can be provided in lease.

(3) the Procedure for use of lands for rail transport within right of way is determined by the company of rail transport - the owner with observance of requirements of the Land code.

(4) the Sizes of the parcels of land (including right of way) are established according to regulations, the design estimates and general schemes of development of rail lines and stations, and provision of sites is performed taking into account priority of their development.

(5) Earth of rail transport shall correspond to the town-planning, ecological, sanitary, and also other regulations and requirements established by bodies of the supervisory branch and local public control.

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