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Approved by the Order of the Government of the Republic of Tajikistan of December 30, 2009, No. 696

Charter of road transport of the Republic of Tajikistan

(as amended on 29-03-2019)

General provisions

The charter of road transport (further hereinafter is referred to as - the Charter) determines economic, legal and organizational basis of activities of road transport of the Republic of Tajikistan, its place and role in economy and the social sphere of the Republic of Tajikistan, governs the relations with actuators of the government, department, other modes of transport and also the relations of carriers and owners of objects of transport infrastructure with consignors, consignees and passengers connected with carriages of goods, passengers, cabin baggage, baggage and mail.

1) In this Charter the following basic concepts are used:

- the motor transportation complex or road transport of the Republic of Tajikistan is set of all vehicles registered in its territory and the infrastructure which is providing their normal functioning, including administrative and production capacities, car owners and haulers, objects of service, and also highways;

- the vehicle (car) is the motorized vehicle intended for transportation across highways of loads, passengers, cabin baggage, baggage and mail, and also for accomplishment of separate types of the auxiliary works connected with transportation of the mobile production equipment mounted on its base. This term does not extend to rail vehicles, the special agricultural and road machinery;

- the bus - the vehicle intended for public conveyance, cabin baggage, baggage and mail, having more than 8 places for sitting excepting driver's seat;

- the car owner is the physical person or legal entity owning one or several vehicles on the property rights or other legal causes and using them at discretion within the legislation of the Republic of Tajikistan.

- highways are complex of the engineering constructions (subgrade, the carriageway, bridges, different office buildings, the companies of roadside service, etc.) intended for ensuring movement of vehicles and pedestrians;

- the motor transportation company, the organization is the legal entity occupied with economic business activity on public conveyance, cabin baggage, baggage and mail, to storage, maintenance and repair of railway vehicles of road transport, acting according to the legislation of the Republic of Tajikistan;

- motor transportations - carriages of goods, the passengers, cabin baggage, baggage and mail performed by vehicles on highways;

- automobile carrier (further - carrier) - the physical person or legal entity owning vehicles on the property right or to others of legal causes providing services in carriage of goods, passengers, cabin baggage, baggage and mail for a fee or on hiring and having on it the corresponding license granted in the procedure established by the legislation;

- road transport public - vehicles of the organizations it is not dependent on the patterns of ownership registered the pases of the territory of the Republic of Tajikistan transporting according to the address of any citizen or legal entity with collection of payment established by the agreement of the parties or based on rates;

- baggage - the property of the passenger packed and transported in baggage compartment of railway vehicles;

- bezrazreshitelny procedure for transportation - procedure for transportation in case of which it is not required to get the authority for the move;

- the ticket - the carriage document certifying the conclusion of the transportation agreement of passengers;

- intraeconomic automobile transport is the vehicles registered in the territory of the Republic of Tajikistan which owners use them for own needs without the occupation right commercial transportations;

- city motor transportations - the transportations performed by carrier within the established borders of the city or other settlement;

- the state transport control (further - transport control) - set of the events held by competent authorities of the Republic of Tajikistan for the purpose of check of observance of requirements of the legislation of the Republic of Tajikistan by physical persons and legal entities in the field of transport;

- freight terminal - the complex of constructions intended for servicing of cargo vehicles, rendering services in carriage of goods and logistics, including: the capital building with warehouses, cargo handling gears, weigh station, site for car parking facilities, the container area, posts for survey of railway vehicles, control and medical aid stations, hotels), Items of public catering and other types of servicing;

- the consignor - physical person or legal entity which according to the transportation agreement of load acts on its own behalf or on behalf of the owner of load and is specified in the carriage document (way bill);

- the consignee - the physical person or legal entity authorized on receipt of load based on the agreement or on other legal causes;

- loads - the property accepted for shipment according to the legislation of the Republic of Tajikistan;

- non divisible load - load which in transit on the highway cannot be divided into two or more parts without excessive costs or risk of its spoil;

- dangerous goods - the load consisting of substance, product from them, materials, waste of productive or other activity which, owing to properties inherent in them, can create in transit threat for life and human health, to do harm to the surrounding environment, to damage or destroy material values which are not allowed to transportation according to the European agreement on the international road delivery of dangerous goods (DOPOG) or are allowed to it only with observance, the conditions ordered in DOPOG;

- humanitarian transportations - carriage of goods and people within assistance to the state injured with emergency situation in carrying out the emergency rescue and other urgent operations directed to rescuing of life and health maintenance of people, decrease in the extent of damage to the surrounding environment and material losses, localization of zone of emergency situation and cancellation of characteristic factors, dangerous to it, and also within carrying out transactions on delivery of the humanitarian aid and implementation of evacuation actions;

- the freight owner is the physical person or legal entity owning the right to dispose of load;

- public service on supervision and regulation in the field of transport (further - service) - the state supervision body and regulations in transport complex exercising control over compliance with law of the Republic of Tajikistan in the field of transport and regulating their activities;

- infrastructure of road transport - complex of constructions (passenger and freight terminals, the logistic centers, service stations and repair of vehicles (workshops), constructions for storage of vehicles, gas stations, campings, hotels, providing continuity of process of transportations, and also safe operation of vehicles;

- cabotage transportations are public conveyance and loads by carriers of the state of one Party between two Items located in the territory of the state of other Party.

- the client is the physical person or legal entity using transport and compliance with the signed agreement with carrier or the one-time request;

- container - the transport equipment representing fully or partially the closed reservoir designed so that its loading, in particular, from one mode of transport on another was facilitated;

- competent authorities in the field of road transport - the controls of the states of t performing state regulation in the field of motor transportations;

- the license is special permission to the implementation of specific type of activity in case of obligatory observance of licensed requirements and conditions issued by authorized state body to the legal entity or the individual entrepreneur;

- passenger cars taxi (taxi) - the car intended for public conveyances and their baggage, allowing seating capacity for sitting no more than five, equipped with taximeter and distinctive mark of "T";

- the share taxi (minibus) - the bus of small capacity, and also is recognized the car with seating capacity for seat no more than eight people who are used for public conveyance and baggage the approved route;

- route - vehicle travel line between starting and terminal points.

- long-distance motor transportations - the transportations performed by vehicles between the cities or other settlements at distance more than fifty kilometers;

- the international motor transportations - the transportations performed by vehicles with crossing of border of the adjacent states and to the third countries.

- irregular automobile transportations - the transportations having one-time (irregular) character, performed by carriers with use of vehicles between starting and terminal points of transportation without embarking on intermediate points;

- stopping point - the place of stop of vehicles along route of regular transportations equipped for landing, disembarkation of passengers and expectation of vehicles;

- the passenger - the physical person using services of carrier based on the signed agreement of motor transportation or other legal cause for a fee or free of charge;

- passenger terminals - the technological complex intended for servicing of passengers and drivers of vehicles, and including: the capital building with the waiting room and ticket offices, Items of medical examination of drivers and rendering primary health care, baggage storage, the platform for landing and disembarkation of passengers, site for the parking of buses, posts for survey of buses, control offices, the room of mother and child and others;

- suburban motor transportations - the transportations which are not relating to city and performed by carriers on the routes up to fifty kilometers long measured from the established borders of the city or other settlement;

- transportation by share taxis - public conveyance and their baggage by share taxis, is performed along the established route providing landing, disembarkation of passengers on stopping points and also according to their requirement in any place which is not prohibited by traffic regulations along route;

- transportation by passenger taxi - the public conveyance and their baggage passenger taxi performed upon the demand of the client;

- the company of car service - Item rendering services in maintenance and repair of vehicles (washing, the parking, etc.);

- business activity on road transport is the initiative activities of citizens and legal entities directed to profit earning or personal income by satisfaction of demand of the population for public conveyances, baggage and mail, loads, autofield service, based on private property, or on the right of economic maintaining the state company;

- the route sheet - the document intended for accounting and control of operation of the vehicle, issued to the driver, having the serial number which is produced by typographical method and being the form of the strict reporting;

- the schedule of movement - the schedule establishing time or intervals of departure and arrival of vehicles and also stop on intermediate points;

- regular motor transportations - the transportations performed by carriers with use of vehicles on in advance approved routs to follow, schedules of movement with the established starting, intermediate and terminal stopping points, Items of landing and disembarkation of passengers;

- cabin baggage - the personal belongings of the passenger (client) transported by him in salon of railway vehicles and which safety is in transit ensured by the passenger (client);

- the certificate of weighing is the document containing reliable data about weight parameters of the vehicle, issued by the weigh station authorized by competent authority;

- weigh station - the Item making weighing of vehicles and issuing the certificate, the sample established by authorized body;

- perishable load - load which safety in transit is provided with the vehicle by means of observance of certain temperature and sanitary hygienic conditions;

- special permission - the authority for the move of bulky, heavy loads and dangerous goods issued by authorized body;

- specialized cars are the motorized vehicles intended for implementation of transportations of specific type of cargo, having for this purpose specific configuration of cargo platform (for example, the dump truck, truck tank, the truck tractor, etc.) or bodies (for example, the bus, the minibus, etc.);

- heavy and bulky cargoes are loads which in the weight and dimensional parameters exceed the established regulations;

- technical operation of vehicles - complex of the actions, technical impacts (diagnosing, technical maintenance, repair) directed to the organization and ensuring safe operation of vehicles;

- the way bill - the accompanying carriage document containing data on goods both confirming the conclusion of the transportation agreement of load and being the form of the strict reporting;

- transit transportations - the transportations performed with crossing of the adjacent states and to the third countries;

- transport expedition - the transport services connected with the organization of process of sending and receipt of load, and also other works concerning transportation according to the agreement;

- the freight forwarder is physical person or legal entity which, not necessarily being hauler, shall for remuneration and at the expense of the sender (receiver) of the cargo passenger to conclude from his or name one or several agreements on sending (mailing, delivery) cargo passengers and to carry out or organize the agreement performance of transportation of cargo passengers and other additional services connected with transportations;

2) the Road transport which is constituent of transport complex of the Republic of Tajikistan is designed to satisfy the needs of economy and the population for the transportations and services connected with these transportations. Along with it tasks of road transport include servicing of other components of transport complex (rail, air and water transport) and providing:

- priority of safety, protection of life and human health, natural conservation and cultural values;

- equal rights of physical persons and legal entities when implementing works and services in the field of road transport;

- providing to the consumer of liberty of choice of services in the field of road transport, including liberty of choice between use of own vehicles and services of carrier;

- public conveyance and loads, their safety and timely delivery in destination;

- providing, according to the legislation of the Republic of Tajikistan, free contract prices for works and services in the field of road transport.

3) the Legislation of motor transportation complex consists of the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About transport", other laws of the republic, Decrees and Orders of the President of the Republic of Tajikistan, Resolutions of Majlisi milli, Majlisi namoyandagon, Majlisi Oli, resolutions and orders of the Government of the Republic of Tajikistan and this Charter governing the motor transportation relations and also the regulatory legal acts published by state bodies within their competence.

4) the Ministry of transport of the Republic of Tajikistan, and also local actuators of the government, can develop and issue the acts regulating activities of road transport in cases and in limits, provided by legislative and normative legal acts

5) the Road transport of the Republic of Tajikistan is based on diverse patterns of ownership. All owners of road transport are equal and use same protection of the law. State-owned property in the field of road transport are highways of republican, local and departmental value with all constructions and elements of arrangement which are their part (bridges, pipelines, buildings of road operational service, snow protection devices and barriers, architectural registrations, technical means of the organization of traffic by complexes of car service and others, and also green plantings).

6) the Right of control of vehicles in the territory of the Republic of Tajikistan is granted to her citizens, and also the foreign citizens and stateless persons having the relevant document of the national or international, recognized by the Government of the Republic of Tajikistan sample which confirms the right of its owner to control of the vehicle of the corresponding category.

7) the Right of control of the vehicle is granted to the person having the corresponding qualification and which underwent medical examination.

Assessment of suitability of the state of health for control of the vehicle is performed by medical institutions according to established procedure of the Government of the Republic of Tajikistan.

8) To public conveyances, baggage, loads, cabin baggage and mail the carriers having are allowed:

- permission (license) for the right of rendering motor transportation services, the route sheet, commodity-transport delivery note, the coupon of obligatory state technical inspection and other documents established by the legislation of the Republic of Tajikistan - the vehicles suitable for implementation of the corresponding type of transport and meeting the requirements of regulatory legal acts regarding safety control of transportations.

- the drivers at the age of at least twenty one years having the car driver license of the corresponding category and length of service in at least 3 years are allowed to public conveyances for commercial purposes.

In the vehicles rendering services in public conveyance cargo hauling, including baggage or mail, out of taken away for this purpose, the place is forbidden.

9) Motor transportations are subdivided into transportations:

- passengers, baggage and cabin baggage;

- loads;

- mails.

By message types motor transportations of passengers and baggage are subdivided on international, long-distance (interregional, intraregional), suburban and city.

On nature of the organization of transportations motor transportations of passengers and baggage are subdivided on regular and irregular.

10) Accounting, registration and the statistical reporting under availability of vehicles and trail cars to them according to the legislation of the Republic of Tajikistan is assigned to the State automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan.

11) Lands of road transport the Republic of Tajikistan are recognized:

- the lands allocated to land users under objects of road transport (the motor transportation, auto repair, autoservice companies) providing its activities;

- the lands for highways and road constructions allocated to the transport, road and other organizations performing their operation and construction.

In the areas subject to dangerous natural impacts (collapses, landslides, mudflows, etc.), for ensuring reliable operation of highways and constructions, special conservation zones which are also lands of road transport are established.

The procedure for establishment of conservation zones, their sizes, the mode of use of the lands allocated for these purposes is established by the Government of the Republic of Tajikistan.

The relations arising in case of allocation of land for road transport and procedure for land use are regulated by the Land Code of the Republic of Tajikistan and published in its development and amendment by others legislative and regulations of the Republic of Tajikistan.

Car owners, haulers, the motor transportation and autoservice companies shall use the lands provided to them according to particular mission and conditions of their provision, to apply nature protection production technologies and not to allow deterioration in ecological conditions in the territory as a result of the activities.

12) the Relations connected with ensuring mobilization readiness of road transport, actions for civil defense and wreckings are regulated by legal acts of the Republic of Tajikistan.

In case of emergency situations of natural and technogenic nature, and also in case of introduction of emergency state, state bodies, within the powers conferred to them, have the right to attract the carriers to performance of works connected with liquidation of emergency situations, with subsequent compensation of material costs and damage according to the procedure. established by the legislation of the Republic of Tajikistan.

13) Ecological, sanitary and epidemiologic and flammability control on road transport are regulated by regulatory legal acts of the Republic of Tajikistan.

14) control devices of registration of the mode pile and rest of drivers (tachographs) the vehicles rendering nizherleduyushchy services are subject to the Equipment:

- motor transportations of dangerous goods;

- motor transportations of loads and mail;

- regular and irregular motor transportations of passengers, baggage and cabin baggage.

Chapter 1. State regulation motor transportation and autoservice activities

15) the Main objectives of state regulation of motor transportation and autoservice activities is:

- creation of conditions for ensuring requirements of economy and population and motor transportations, to maintenance and repair, other works and services as road transport;

- protection of legitimate rights and interests of physical persons and legal entities irrespective of patterns of ownership, and also national interests of the state;

- creation of conditions for competitiveness of domestic carriers in the market of the international motor transportations;

- protection of the domestic market of motor transportations;

- further development of infrastructure of road transport.

16) State regulation of motor transportation and autoservice activities is performed by legal support, licensing, accreditation, certification, the taxation, crediting, financing, pricing, implementation of investment and antimonopoly, social and scientific and technical policy, control of execution of the legislation of the Republic of Tajikistan.

17) Main methods of the state supervision and regulation of the market of transport services:

- observance by physical persons and legal entities, and also carriers of both the Republic of Tajikistan, and foreign states of the Legislation of the Republic of Tajikistan in the field of road transport, international treaties ratified by the Republic of Tajikistan, identification and taking measures to suppression of their violations;

- observance of licensed requirements in the field of road transport;

- observance of requirements for certification of transport services;

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