Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Kazakhstan on the international automobile communication

of December 25, 2003

The government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan which further are referred to as with the Parties

being guided by the Contract on eternal friendship between the Kyrgyz Republic and the Republic of Kazakhstan, of April 8, 1997,

wishing to develop on the basis of reciprocity automobile passenger and freight traffic between both states and transit across their territories, and also wishing to facilitate this message,

agreed as follows:

Article 1

1. According to this agreement are transported passengers and loads between the states of the Parties and transit across their territories, and also in (from) the third countries the vehicles registered in one of the states of the Parties.

2. This agreement does not affect the rights and obligations of the Parties following from other international treaties signed by them.

Article 2

For the purposes of interpretation of provisions of this agreement the following terms mean:

a) "competent authorities":

- from the Kazakhstan Side - the Ministry of Transport and Communications of the Republic of Kazakhstan,

concerning Articles 6, 10 and 15 - together with the Ministry of Internal Affairs of the Republic of Kazakhstan.

- from the Kyrgyz Side - the Ministry of Transport and Communications of the Kyrgyz Republic,

concerning Articles 7, 8, 11 and 15 - together with the Ministry of Internal Affairs of the Kyrgyz Republic.

In case of change of the name or functions of the above-named competent authorities of the Party will be timely notified through diplomatic channels;

b) "carrier" - any physical person or legal entity registered in the territory of the state of one of the Parties and allowed according to the national legal system to accomplishment of the international motor transportations of passengers or loads;

c) "vehicle":

- in transit passengers - the bus, that is the vehicle intended for transportation of passengers and having more than 9 places for sitting including driver's seat;

- in transit loads - the cargo vehicle, the trailer hauling truck, the tractor truck or the tractor with semitrailer truck;

d) "permission" - the document granting the right to journey of the vehicle registered in the territory of the state of one Party on the territory of the state of other Party;

e) "transit transportation" - transportation of passengers or loads on the territory of the state of one of the Parties in case of which the points of departure and appointments are out of the territory of this state;

e) "regular transportation of passengers" - the transportation of passengers by bus performed along the routes approved with competent authorities of the states of the Parties, the schedule, rates, Items of stops on which the carrier will make landing and disembarkation of passengers;

g) "irregular transportation of passengers" - transportation of passengers by buses which does not fall under determination "regular transportation of passengers".

Article 3

Regular transportations of passengers by buses in the bilateral and transit message are performed under approval (in writing) of competent authorities of the states of the Parties. Competent authorities of the states of the Parties approve (in writing) the schedule, the scheme of route with indication of stop Items on which the carrier will perform landing and disembarkation of passengers, including check points through Frontier.

Article 4

1. Irregular transportations of passengers in the bilateral and transit message are performed by the buses registered in the territory of the states of the Parties on permissions, except for the transportations provided in Items 2 and 3 of this Article.

2. Irregular transportations of passengers by buses in the bilateral and transit message are performed without permissions when the group of passengers of the same structure is transported by the same bus, at the same time:

a) the trip begins and comes to an end in the territory of the state of that Party where the bus is registered;

b) the trip begins in the territory of the state of the Party where the bus is registered, and comes to an end in the territory of the state of other Party provided that the bus leaves this territory empty.

3. Permission is also not required:

a) for entrance of empty buses for the purpose of the return transportation by the same carrier of group of passengers of Item in the territory of the state of other Party in which this group was earlier brought (in the case specified in the subitem "b" of Item 2 of this Article), in Item of initial departure;

b) when replacing the defective bus with other bus.

4. In case of accomplishment of irregular transportations of the passengers specified in Item 2 and the subitem "an" of Item 3 of this Article, the bus driver shall have the passenger manifest constituted in the special form approved by competent authorities of the states of the Parties.

Article 5

For transportation of goods between two states or transit across their territories from the territory of the state of other Party on the territory of the third state, and also from the territory of the third state on the territory of the state of other Party permission is not required.

Article 6

1. The transportations provided by this agreement can be carried out only by carriers which according to the national legal system of the state are allowed to implementation of international carriages.

2. The vehicles performing international carriages shall have registration and distinctive marks of the state. Trail cars and semitrailer trucks can have registration and distinctive marks of other countries provided that cargo vehicles or tractor trucks will have registration and distinctive marks according to the Kyrgyz Republic or the Republic of Kazakhstan.

Article 7

The carrier shall get special permission of competent authority of the state of other Party if dimensions, the total weight or load of axis of the vehicle exceed the regulations established in the territory of the state of other Party (heavyweight and large-size).

Article 8

When transporting dangerous goods of the Party shall provide accomplishment of all requirements of international treaties which participants are the states of the Parties, and also national legal systems of the states of the Parties.

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