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The document ceased to be valid since February 7, 2016 according to Item 2 of the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of November 26, 2015 No. 1104

ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2005 No. 52-I

About approval of Rules about direct bulk transportations

For the purpose of realization of provisions of the Law of the Republic of Kazakhstan "About transport in the Republic of Kazakhstan" and determinations of procedure for the organization of direct bulk transportations of PRIKAZYVAYU:

1. Approve the enclosed Rules about direct bulk transportations.

2. (Zhumatayev R. N.) to provide to department of transit policy and external relations of the Ministry of Transport and Communications of the Republic of Kazakhstan submission of this order for state registration in the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of Transport and Communications of the Republic of Kazakhstan Abylgazin T. B.

4. This order becomes effective from the date of its official publication.

 

Minister K. Nagmanov

Approved by the order of the Minister of Transport and Communications of the Republic of Kazakhstan of January 26, 2005 No. 52-I

Rules about direct bulk transportations

1. General provisions

1. These rules about direct bulk transportations (dalee-Pravila) are developed according to the Law of the Republic of Kazakhstan "About transport in the Republic of Kazakhstan", determine procedure for the organization of direct bulk transportations and govern the public relations arising when implementing direct bulk transportation between the operator of direct bulk transportation, consignors, consignees and other persons.

2. The basic concepts which are applied in these rules:

1) load - the property accepted for shipment including animals, the transport equipment (the containers, pallets and other objects connected with packaging or transportation) provided by the consignor;

2) the agreement of direct bulk transportation - the contract of the operator of direct bulk transportation with the consignor (consignee) based on which the operator shall perform or provide for a fee implementation of direct bulk transportation of load;

3) the document of direct bulk transportation - the document certifying the agreement of direct bulk transportation (the bill of lading, the way bill and others), acceptance of load by the operator in the maintaining, and also its obligation to deliver load in accordance with the terms hereof;

4) the operator of direct bulk transportation (further - the operator) - person performing the organization of direct bulk transportation on its own behalf;

5) the consignor - person who signed the agreement of direct bulk transportation of load with the operator;

6) the consignee - person authorized on receipt of load;

7) carrier - person performing cargo delivery based on the contract with the operator of direct bulk transportation by own or used on other legal causes vehicle;

8) cargo transshipment - the materials handling operations connected with cargo motion it is direct from one vehicle on another or through warehouse;

9) direct bulk transportation - the cargo hauling performed by two and more modes of transport, organized by the operator by execution of the single carriage document on all transportation irrespective of the number of the carriers participating in transportation;

10) Item of bulk transportation - the station, port, the airport, freight terminal and other Item in which acceptance, transfer and issue of loads is performed.

3. Other concepts used in these rules are applied in the values determined by the legislation of the Republic of Kazakhstan on transport.

2. Organization of direct bulk transportations

4. Under the agreement of direct bulk transportation the operator shall organize cargo delivery, with use of different types of transport, according to the document of direct bulk transportation in destination and issue it to the consignee, and the consignor shall pay payment for transportation.

5. In case of acceptance of load by the operator in the maintaining, it issues the document of direct bulk transportation to the consignor.

6. The consignor provides to the operator documents and information on properties of load and conditions of its transportation, and also other information necessary for creation of the document of direct bulk transportation and implementation of transportation.

7. The document of direct bulk transportation is signed by the operator or his representative.

8. The operator or person acting from his name issues load to the consignee specified in the document of direct bulk transportation or to the other person on whom he was timely notified in writing.

9. The document of direct bulk transportation shall contain following provisions:

1) the general nature of goods, the main brands necessary for identification of load, specifying in appropriate cases - gross or its quantity designated otherwise and all these data are specified dangerous nature of goods, number of places or objects and load weight as they are provided by the consignor;

2) external condition of load;

3) name and operator's location;

4) name of the consignor;

5) name of the consignee;

6) the place and acceptance date the operator or person authorized by him in the maintaining load;

7) destination (load delivery location);

8) date or delivery date of load to the destination if they are directly approved by the parties;

9) place and date of issue of the document of direct bulk transportation;

10) the signature of the operator or person authorized by him;

11) transportation payments on each mode of transport if they are directly approved by the parties, or transportation payments, including the name of currency, subject to payment by the consignee, or other specifying on the fact that transportation payments are paid to them;

12) expected route of transportation, the used modes of transport and Items of cargo transshipment if they are known at the time of execution of the document of direct bulk transportation;

Other data which the parties can agree to include 13) in the document of direct bulk transportation if they do not contradict the legislation of the Republic of Kazakhstan.

10. The consignor can demand from the operator of the termination of transportation or return of load, or to make other order.

11. If the consignor made specifying about change of route, terminal point of delivery, change of the consignee, about suspension of cargo hauling or about change of other essential conditions of the initial agreement of transportation which led to additional expenses, the consignor compensates these expenses.

All instructions of the consignor about change of the agreement of direct bulk transportation shall be made in writing and within limits term.

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