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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2015 No. 546

About approval of Rules of carriages of goods by road transport

(as amended on 25-07-2019)

According to subitem 23-9) of article 13 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" PRIKAZYVAYU:

1. Approve the enclosed Rules of carriages of goods by road transport.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction it the copy on official publication in periodic printed publicity materials and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

Minister of investments and development of the Republic of Kazakhstan

A. Isekeshev

It is approved

Minister of Agriculture of the Republic of Kazakhstan

June 24, 2015

 

______________ A. Mamytbekov

It is approved

Minister of health and social development of the Republic of Kazakhstan

November 10, 2015

 

______________ T. Duysenova

It is approved

Minister of Finance of the Republic of Kazakhstan

November 6, 2015

 

______________ B. Sultanov

It is approved

Minister of national economy of the Republic of Kazakhstan

September 10, 2015

 

______________ E.Dosayev

It is approved

Minister of Internal Affairs of the Republic of Kazakhstan

June 1, 2015

 

______________ K. Kasymov

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 546

Rules of carriages of goods by road transport

1. General provisions

1. The these rules of carriages of goods by road transport (further – Rules) developed according to subitem 23-9) of article 13 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" (further – the Law), determine procedure for carriages of goods by road transport which will include:

1) delivery date of loads;

2) procedure for the organization and implementation of motor transportations of loads;

3) procedure for application of commodity-transport delivery note;

4) requirements to loading points and unloadings of loads;

5) procedure for cargo reception to motor transportation, and also processings, storages and issues of loads in destination;

6) procedure for realization of perishable loads;

7) procedure for carriage of goods with the announced value;

8) procedure for marking of loads;

9) procedure for sealing of loads;

10) procedure for creation of acts;

11) procedure for change and agreement cancelation of carriage of goods;

12) procedure for deduction of loads;

13) procedure for transportation of separate types of loads;

14) survey procedure of the vehicles transporting perishable loads in the international message;

15) requirements to the vehicles transporting perishable loads.

2. Rules act on all territory of the Republic of Kazakhstan and extend on all physical persons and legal entity, irrespective of patterns of ownership.

3. These rules do not extend on:

1) the motor transportations of loads performed for the purpose of ensuring defense capability, law and order in conditions swagger of major circumstances and in case of mitigation of consequences of emergency situations;

2) the technological intraeconomic carriages of goods for own needs performed self-propelled and the wheel vehicles relating to intraeconomic transport (intra factory, intra career), and functioning without departure out of limits of the territory of business entity (the companies, the organizations) on country street road net.

4. Motor transportations of loads are performed with observance of requirements of the Civil code of the Republic of Kazakhstan of July 1, 1999 (Special part) (further – RK Group), the Law of the Republic of Kazakhstan of September 21, 1994 "About transport in the Republic of Kazakhstan", the Law, these rules and agreements.

International carriages of loads are performed with observance of requirements of international treaties, the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan", Rules of transportation of the dangerous goods by road transport approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of April 17, 2015 No. 460 (registered in the Register of state registration of regulatory legal acts for No. 11779), Rules of application of authorization system of the motor transportations in the Republic of Kazakhstan in the international message approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of March 27, 2015 No. 353 (registered in the Register of state registration of regulatory legal acts for No. 11704) and these rules.

5. The basic concepts used in Rules:

1) the road train – the combined vehicle consisting of the cargo vehicle and trail car (the trailing road train), the truck tractor and semitrailer truck (the saddle road train);

2) automobile carrier (further - carrier) - the physical person or legal entity owning vehicles, except for passenger, on the property right or on other legal causes, performing business activity on public conveyance, baggage, loads and mailings;

3) the dump truck – the cargo self-dumping vehicle, trail car or semitrailer truck with the body which is mechanically inclined for unloading of load;

4) the cargo vehicle – the power-driven vehicle intended for carriage of goods on highways;

5) the consignee – the physical person or legal entity authorized on receipt of load based on the agreement of motor transportation of load or on other legal causes;

6) the cargo vehicle (further – the vehicle) – unit of railway vehicles of the load road transport including cargo vehicles, automobile trailers, semitrailer trucks to truck tractors and also the specialized cars (intended for transportation of certain types of loads);

7) motor transportations of loads – the carriages of goods performed by cargo vehicles on highways;

8) the consignor – physical person or legal entity on behalf of which shipment is drawn up;

9) the truck tractor – the vehicle supplied with own engine and intended only or mainly for towage of trail car or semitrailer truck;

10) perishable load – the load having limited expiration date and requiring special condition of carriages and storage;

11) trail car – the vehicle which is not equipped with the engine and intended for movement in structure with the motorized vehicle. The concept extends also to semitrailer trucks and pole trailers.

2. Delivery date of loads

6. Carriers deliver loads to destination in the following terms if other is not provided by the agreement of motor transportation of loads:

1) to 250 kilometers (further – km) inclusive – one days;

2) over 250 km on each complete or incomplete 250 km increase half of days.

7. Delivery dates of loads are calculated from 24-00 o'clock days of cargo reception to transportation if other is not provided by the agreement.

Delivery dates in addition increase:

1) in transit loads with crossing through reservoirs on vessels and ferry boats – for one days;

2) in transit loads on mountain roads – for 30 percent (%);

3) in case of delay along the line for implementation of veterinary or other control – for all the time of delay.

8. The terms specified in item 4 of these rules do not extend to perishable traffic, terms which transportations are stipulated in Item 78 these rules.

3. Procedure for the organization and implementation of motor transportations of loads

9. Procedure for the organization of carriage of goods by road transport, general requirements on safety control in case of their transportation, and also relations of participants of carriage of goods by road transport are regulated by these rules and agreements.

10. In case of the international motor transportations of perishable loads carriers observe regulations of the Agreement on international carriages of perishable foodstuff and on the special vehicles intended for these transportations (Union of Right Forces) (it is made in Geneva on September 1, 1970) (further – Union of Right Forces).

11. The carrier in use of vehicles, provides passing by drivers of pretrip and posttrip medical examination according to the Rules of performing obligatory pretrip and posttrip medical examinations of transport drivers approved according to the subitem 3) of article 12 of the Law of the Republic of Kazakhstan of April 17, 2014 "About traffic" and also pretrip technical inspection of vehicles.

4. Procedure for application of commodity-transport delivery note

12. Carriage of goods is drawn up by commodity-transport delivery notes, and in cases of transportation of some types of the loads transported by embankment (in bulk) can be drawn up by the act of measurement or the act of weighing.

Use of vehicles with payment on time rate (payment of operation of the vehicle is made from hourly calculation within one working day (change), is drawn up by entries in the route sheet in form No. 4-p, according to appendix 1 to these rules with indication of run and dwell-time of the vehicle at the disposal of the consignor (consignee) less time of lunch break of the driver.

Use of vehicles with payment of their work on price-work rate (payment of operation of the vehicle is made for the transported tons) is drawn up by entries of the consignor (consignee) in the route sheet in form No. 4-s, according to appendix 2 to these rules.

13. The consignor represents to carrier on the load shown to transportation the commodity-transport delivery note constituted in four copies which is the main carriage document and on which write-off of this load by the consignor and receipt by his consignee is made.

14. The commodity-transport delivery note on motor transportation of loads is constituted by the consignor in four copies addressed to each consignee with filling of the following details: the name of the consignee, the name of load, quantity, weight of the transported load, method of determination of weight (weighing, on cliche, the standard, measurement), packaging sort, method of loading and unloading, time of giving of the vehicle for loading and time loaded, idle time.

The harm which arose owing to abnormality of inaccuracy or incompleteness of the data specified in commodity-transport delivery note is compensated by the consignor.

15. Cargo reception to transportation from the consignor makes sure the signature of carrier of all copies of commodity-transport delivery note.

The first copy remains at the consignor and intends for write-off shown to carriage of goods. The second, third and fourth copies are handed by the consignor to carrier.

The second copy carrier is given to the consignee

also intends for receipt of the received loads.

The third and fourth copies remain with carrier. The third copy is applied to the carriage bill and forms the basis for settling with the consignor (consignee), and the fourth is applied to the route sheet and forms the basis for accounting of transport work.

The consignor can write out additional copies of commodity-transport delivery notes which number is determined by the agreement between the consignor and carrier.

16. In all copies commodity-transport the superimposed consignor puts down arrival time, departure and idle time of the vehicle, and also specifies loading method, load weight, quantity of the cargo pieces, types of service which are carried out by carrier and certifies commodity-transport delivery notes the signature, seal or stamp.

Availability of seal or stamp for the legal entities belonging to subjects of private entrepreneurship is not required.

In case of issue by the consignor of the documents determining quality of load and relation of the supplier and buyer (certificates, certificates, certificates, permissions and so on), the carrier accepts these documents and transfers them together with load to the consignee.

17. In case of delivery of load the driver shows three copies of commodity-transport delivery note to the consignee who certifies cargo reception by the sign and seal (stamp) in each copy of commodity-transport delivery note and specifies in all copies of commodity-transport delivery note arrival time and departure of the vehicle.

Availability of seal (stamp) for the legal entities belonging to subjects of private entrepreneurship is not required.

18. Arrival time and departure of the vehicle for loading (unloading) is specified according to Items 40 – 42 these rules.

In cases when the consignor or the consignee incorrectly specified arrival time of the vehicle for loading (unloading) and the ends of handling works, the driver in all commodity-transport delivery notes which are available for it makes entry in the presence of the representative of the consignor (consignee) that time is put down incorrectly, and specifies the actual arrival time and departure.

In case of disagreement with record of the driver the consignor (consignee) draws up the statement with participation of the driver, and in case of refusal of the last of creation of the act – with participation of two representatives of disinterested party.

In the presence in the territory of the consignor or the consignee of control office of carrier for creation of the act of the wrong time signal of arrival the dispatcher of the specified Item is called.

19. The act of measurement or the statement of weighing of the transported loads is drawn up by the consignor in triplicate from which:

1) the first copy remains at the consignor and forms the basis for accounting of the carried-out amounts of transportations;

2) the second and third copies are given to carrier. The second copy forms the basis for reconciliation of mutual settlings of carrier with the consignor and is applied to the account, and third is applied to the route sheet and forms the basis for accounting of transport work.

20. Route sheets of the vehicle are the main documents of primary accounting which together with commodity-transport delivery note or the act of measurement (weighing), determine indicators for accounting of operation of the vehicle, implementation of calculations for carriages of goods, and also for salary accrual to the driver.

The detachable coupon of the route sheet is filled in with the consignor and is the basis for presentation of the account of payment request by carrier to the consignor. The detachable coupon is attached to the account, and the route sheet remains at carrier in which identical records about vehicle operating time at the consignor (consignee) repeat.

In case of time-rate pay of carriage of goods enter numbers of commodity-transport delivery notes which one copy is applied to the route sheet for accounting of number of the transported tons of load and other indicators in the route sheet.

Route sheets of the vehicle and commodity-transport delivery notes are subject to registration in registers of movement of route sheets and commodity-transport delivery notes, and to storage by carrier together with magazines within 5 years.

21. Filling of the route sheet is performed by carrier. At the same time separate data are filled in as well with the consignor (consignee).

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