LAW OF TURKMENISTAN

of February 28, 2015 No. 186-V

About rail transport

This Law determines legal and organizational basis of functioning and development of rail transport and governs the relations connected with its functioning.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) transportation process – set organizationally and technologically interconnected transactions which are carried out by preparation, implementation and completion of public conveyances, loads and baggage by rail;

1-1) carriers on rail transport - the legal entity or physical person which undertook agreement obligation of transportation on rail transport to deliver to certain destination of the passenger, the load entrusted it by the sender, baggage, cargo baggage, mail and goods wagons which are not belonging to it without load, and also to issue the delivered load, baggage, cargo baggage, mail, goods wagons without load to the consignee or person authorized on that;

2) railway rolling stock – locomotives, goods wagons, passenger rail cars of locomotive draft and motor car railway vehicles, and also other railway rolling stock intended for ensuring implementation of transportations and functioning of infrastructure of rail transport;

3) right of way of the railroads (further - right of way) – the parcels of land adjacent to railway tracks occupied with railway tracks or intended for placement of such ways, and also intended for placement of railway stations, drainage and strengthening devices, guardbands along railway tracks, link circuits, devices of electric utility service, factory and other buildings, structures, constructions and other objects of rail transport;

4) governed on rail transport – the rules providing procedure for use of rail media and ensuring their safety, condition of public conveyances, loads and baggage, safety precautions of movement, moving and transition through railway tracks, procedure for crossing with communications of railway tracks, safety arrangements and flammability control;

5) traffic security and operation of rail transport – condition of security of process of movement of railway rolling stock and the railway rolling stock in case of which there is no unacceptable risk of emergence of the transport incidents and their effects involving damnification (harm) of life or to health of citizens, the environment, property of physical persons or legal entities;

6) safety control of movement and operation of rail transport – system of the economic, organization-legal, technical and other measures undertaken by public authorities, the companies, the organizations, organizations of rail transport (further - the companies of rail transport), other legal entities, and also physical persons and directed to prevention of transport incidents and decrease in risk of damnification (harm) in life or to health of citizens, the environment, property of physical persons or legal entities;

7) the user of services of rail transport – the passenger, the consignor (sender), the consignee (receiver) or other physical person or legal entity using services (works) rendered (carried-out) companies of rail transport;

8) the earth of rail transport – the parcels of land intended for ensuring activities of the companies of rail transport and (or) operation of buildings, structures, constructions and other objects of rail transport including the parcels of land located in rights of way of the railroads and conservation zones;

9) conservation zones – the territories which adjoin on both sides to right of way and in which borders the specific mode of use of the parcels of land (parts of the parcels of land) for the purpose of ensuring safety, durability and stability of the objects of rail transport including which are in the territories with the mobile soil and in the territories subject to sandy drifts and other harmful effects is set;

10) the Charter of rail transport of Turkmenistan – the regulatory legal act regulating procedure and conditions of implementation of rail haulings, operation of objects of rail transport, and also establishing the rights, obligations and responsibility of the companies of rail transport, the legal entities and physical persons interacting with railway transport;

11) transport incident – the event which arose in case of movement of railway rolling stock and with its participation and entailed damnification (harm) of life or to health of citizens, the environment, property of physical persons or legal entities;

12) railway tracks public – railway tracks in the territories of the railway stations open for accomplishment of transactions on acceptance and departure of trains, receiving and delivery of loads, baggage, on servicing of passengers and accomplishment of classification and shunting operation, and also the railway tracks connecting such stations;

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