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

of April 30, 2015 No. 546

About approval of Rules of transportation of goods by road transport

According to subitem 23-9) of article 13 of the Law of the Republic of Kazakhstan "About road transport" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state and socially responsible services" I ORDER:

1. Approve the enclosed Rules of transportation 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 printing editions 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.

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 transportation of goods by road transport

Chapter 1. General provisions

1. The these rules of transportation of goods by road transport (further - Rules) developed according to subitem 23-9) of article 13 of the Law of the Republic of Kazakhstan "About road transport" (further - the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state and socially responsible services" (further - the Law on the state and socially responsible services), determine procedure for transportation of goods by road transport and rendering the state service "The Certificate Granted according to the Agreement on International Carriages of Perishable Foodstuff and on the Special Vehicles Intended for These Transportations" which 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 and route sheet;

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 transportation 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 transportation of goods;

12) procedure for deduction of loads;

13) procedure for transportation of separate types of loads;

14) procedure for survey 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 transportation 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, including express loads are performed with observance of requirements of the Civil code of the Republic of Kazakhstan (further - RK Group), the Law of the Republic of Kazakhstan "About transport in the Republic of Kazakhstan", the Law, the Law of the Republic of Kazakhstan "About consumer protection" (further - the Marine life protection act of the rights of consumers), these rules and agreements.

International carriages of loads, including express loads are performed with observance of requirements of international treaties, the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan", the Marine life protection act of the rights of consumers, 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 automobile, on the property right or on other legal causes, performing business activity on transportation of passengers, 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 vehicle with the mechanical drive intended for transportation 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 transportation 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) single system of management of transport documents - the information system providing registration, accounting, processing and document storage, connected with transportation activities in the field of road transport, and transfer of the formalized information on such documents to the relevant authorized state bodies and participants of transportation process;

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

10-1) flight – way of the vehicle from starting point of departure to final destination;

11) perishable load - the load having limited expiration date and requiring special conditions of transportation and storage;

12) 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.

Chapter 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 estimated 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.

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

9. Procedure for the organization of transportation of goods by road transport, general requirements on safety in case of their transportation, and also relations of participants of transportation 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 and frequency of performing obligatory medical examinations and rendering the state service "Passing of Preliminary Obligatory Medical Examinations" approved by the order of the acting minister of health care of the Republic of Kazakhstan of October 15, 2020 No. KR DSM-131/2020 (it is registered in the Register of state registration of regulatory legal acts at No. 21443), and also pretrip technical inspection of vehicles.

11-1. In case of accomplishment of several flights during the day pretrip medical examination is carried out once before maiden voyage, and posttrip medical examination once after completion of the last flight.

11-2. Motor transportations of bulky and heavy loads in the territory of the Republic of Kazakhstan are performed according to requirements of the order of the Minister of investments and development of the Republic of Kazakhstan of February 27, 2015 No. 206 "About approval of Rules of the organization and implementation of transportations of bulky and heavy loads in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 11395).

11-3. Owners of the vehicles having technically admissible maximum weight more than twelve tons, in case of journey through the action area of the automated stations of measurement provide measurement of the actual weight and dimensional parameters of such vehicle at the automated station of measurement according to the procedure, the deputy determined by the order. The Minister of Transport and Communications of the Republic of Kazakhstan of September 5, 2013 No. 689 "About approval of Rules of the organization of work of the automated stations of measurement" (it is registered in the Register of state registration of regulatory legal acts for No. 8788).

Note. Owners of vehicles are recognized this Item: the owners of vehicles, persons owning vehicles on the right of economic maintaining or the right of operational management, and also person to which vehicles are transferred to temporary ownership and use, except as specified transfers according to the lease agreement of the vehicle with crew; if the vehicle performs international carriages on the territory of the Republic of Kazakhstan - the insurers who signed the agreement of compulsory liability insurance of owners of vehicles.

Chapter 4. Procedure for application of commodity-transport delivery note and route sheet

12. Transportation of goods is drawn up by commodity-transport delivery notes on paper or in the form of the electronic and digital document.

The commodity-transport delivery note is the main carriage document on which write-off of outward cargo by the consignor and receipt by his consignee is made.

13. The consignor represents to carrier on the load shown to transportation the commodity-transport delivery note constituted in four copies in case of registration on paper.

14. 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 in case of registration on paper.

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

The second copy carrier is given to the consignee and 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 writes out additional copies of commodity-transport delivery notes which number is determined by the agreement between the consignor and carrier.

16. In all copies of commodity-transport delivery note in case of registration on paper, the 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 (in case of registration on paper) 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, of 41 and 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 mark of arrival time the dispatcher of the specified Item is called.

19. The route sheet of the vehicle is the document of primary accounting which together with commodity-transport delivery note, determines indicators for accounting of operation of the vehicle.

In case of time-rate pay of transportation of goods 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 are entered in the route sheet (in case of its registration on paper).

The route sheets of the vehicle and commodity-transport delivery notes which are drawn up on paper 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.

20. Route sheets and commodity-transport delivery notes are drawn up by carrier on paper or in the form of the electronic and digital document for one change (flight) prior to change (flight) separately to each cargo vehicle with introduction of data for filling of the route sheet, commodity-transport delivery note and CMR in transit of loads with road transport according to appendix 1 to these rules. At the same time separate data in commodity-transport delivery note are filled in as well with the consignor (consignee).

21. The route sheets and commodity-transport delivery notes which are drawn up on paper make sure stamp or seal of carrier and the consignor (consignee).

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

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