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RESOLUTION OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF BELARUS

of June 30, 2015 No. 25

About approval of the Instruction about procedure for the termination of operation of railway tracks of uncommon use

Based on article 38 of the Law of the Republic of Belarus of January 6, 1999 "About rail transport" in edition of the Law of the Republic of Belarus of December 31, 2014 and subitem 5.9 of Item 5 of the Regulations on the Ministry of Transport and Communications of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 985 "Questions of the Ministry of Transport and Communications of the Republic of Belarus", the Ministry of Transport and Communications of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for the termination of operation of railway tracks of uncommon use.

2. This resolution becomes effective after its official publication.

 

Minister

A. A. Sivak

It is approved

First Deputy Minister of housing and communal services of the Republic of Belarus

August 25, 2015 

 

O. G. Poskrobko

It is approved

Chairman of the Minsk city executive committee

June 9, 2015

 

A.V.Shorets

It is approved

Chairman of the Brest regional executive committee

June 5, 2015 

 

A.V.Lis

It is approved

Chairman of the Vitebsk regional executive committee

June 17, 2015

 

N. N. Sherstnev

It is approved

Acting as chairman, first deputy chairman of the Gomel regional executive committee

June 9, 2015 

 

A. V. Maksimenko

It is approved

Chairman of the Grodno regional executive committee

June 9, 2015

 

V. V. Kravtsov

It is approved

Chairman of the Minsk regional executive committee

June 9, 2015 

 

S. B. Shapiro

It is approved

Chairman of the Mogilev regional executive committee

June 2, 2015

 

V. V. Domanevsky

 

Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of June 30, 2015 No. 25

The instruction about procedure for the termination of operation of railway tracks of uncommon use

Chapter 1. General provisions

1. This Instruction determines procedure for the termination of operation of railway tracks of uncommon use.

2. Action of this Instruction does not extend to black-out of operation of railway tracks of uncommon use (including because of the revealed abuses of regulations of technical railway operation, technical regulatory legal acts in the field of technical regulation and standardization).

3. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of January 6, 1999 "About rail transport" are used (The national register of legal acts of the Republic of Belarus, 1999, No. 4, 2/12; National legal Internet portal of the Republic of Belarus, 10.01. 2015, 2/2225).

Chapter 2. Procedure for the termination of operation of railway tracks of uncommon use

4. The termination of operation of railway tracks of uncommon use is performed based on the decision of their owner, including in cases:

discrepancies to technical regulatory legal acts in the field of technical regulation and standardization, except for black-out of operation of railway tracks of uncommon use;

destructions in connection with force majeure;

economic inexpediency of their operation;

lack of loading (unloading), shunting operation, and also other work types on these ways within nine months.

5. The termination of operation of railway tracks of uncommon use is performed by their closing for movement of vehicles of rail transport.

6. The owner of infrastructure of rail transport public (further - the owner of infrastructure) not later than six months before the termination of operation of the railway track of uncommon use belonging to it notifies on the planned termination of operation of this way:

the consignors, consignees serviced on this way;

owners of the railway tracks of uncommon use adjoining directly or through other railroad side tracks railway track of uncommon use which operation stops (further - the interconnected ways);

the carrier performing servicing of consignors, consignees on this way and not being the owner of infrastructure.

7. The owner of railway track of the uncommon use which is not belonging to the owner of infrastructure not later than six months before the termination of operation of railway track of uncommon use notifies on the planned termination of operation of railway track of uncommon use:

the owner of infrastructure whose railway tracks public are adjoined directly or through other sidings by railway track of uncommon use which operation stops;

the consignors, consignees serviced on this way;

owners of the railway tracks of uncommon use interconnected with this way;

the carrier performing servicing of consignors, consignees on this way.

8. In the notification on the planned termination of operation of railway track of uncommon use are specified:

reasons of the termination of its operation;

terms of the termination of its operation;

offers on agreement cancelation on operation of railway track of uncommon use or the contract for giving, cleaning of cars, other agreements on use of this way.

The notification on the planned termination of operation of railway track of uncommon use may contain proposals of the owner of railway track of uncommon use on ensuring functioning interconnected with closed railway tracks of uncommon use.

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