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Agreement between the Government of the Republic of Kazakhstan and Government of the Republic of Moldova on the international motor transportations

of July 15, 1999

The government of the Republic of Kazakhstan and the Government of the Republic of Moldova, the hereinafter referred to as Contracting Parties,

being guided by need of further development of cooperation between the states in the field of the international automobile communication,

aiming to facilitate implementation of automobile communication between two states, and also en route through the territories of their states,

wishing to settle these questions in the spirit of mutual assistance, cooperation and mutual advantage, decided to sign this Agreement:

Part I. Scope and determination of concepts

Article 1

1. This agreement Contracting Parties regulate the international passenger and freight transportation between the Republic of Kazakhstan and the Republic of Moldova, en route through their territories, and also in or from the third states, carried out by the vehicles registered in one of the states of Contracting Parties.

2. This agreement does not affect the rights and obligations of Contracting Parties following from the signed international agreements, agreements and rules which are for them obligatory.

Article 2

In this agreement:

"Carrier" means any physical person or legal entity registered in the territory of the state of one of Contracting Parties and allowed by these states to accomplishment of motor transportation transportations for a fee or at own expense according to the existing national legal systems of the states of Contracting Parties.

"Vehicle":

- in transit means passengers, the bus or any road vehicle with the mechanical drive intended for transportation of passengers which number of seats, according to technical requirements, including also driver's seat, more than 9, and also trail car for transportation of personal baggage;

- in transit loads means, any vehicle with the mechanical drive intended for transportation of goods or the vehicle re-equiped according to technical requirements including trail cars and semitrailer trucks. The road train tractor at the same time shall be registered in the state of one of Contracting Parties;

"Regular transportation of passengers by buses" is the transportation performed with certain frequency of movement along certain routes during which, in in advance determined Items of stops, landing and disembarkation of passengers is made. Regular transportation of passengers by buses shall be performed according to in advance determined schedule and rate.

"Irregular transportation of passengers by buses" is transportation, in case of the bilateral or transit message:

a) performed by the vehicle transporting the same group of passengers on all extent of route with its delivery to the point of departure.

b) when the group of passengers which members remain invariable is transported from the state of registration of the vehicle to other state, and the vehicle returns empty.

"Pendular transportation of passengers by bus" is the transportation repeating periodically during which in advance created group of passengers of one Item of sending to one destination is transported, at the same time the bus after the first transportation returns empty and before the last transportation goes empty to the territory of the state of other Contracting Party.

"Cabotage transportation" is transportation which is carried out by carrier of the state of one Contracting Party between two Items which are in the territory of the state of other Contracting Party.

Part II. Passenger traffic

Article 3

1. Passengers will be transported by buses according to this Agreement based on permissions except for the transportations specified in Item 3 of this Article.

2. Regular transportations of passengers by buses shall be performed based on permissions which are issued under the mutual agreement by competent authorities of Contracting Parties. The competent authority of the state of each Contracting Party issues permission to that part of route which passes on the territory of its state. Competent authorities of Contracting Parties on the basis of the general arrangement establish permission conditions, in particular, permission effective period, traffic route, the schedule and the applied rates.

3. Permission is not required on accomplishment of transportations of passengers by buses:

a) if the group of the same members is transported by the same bus throughout all trip which begins and comes to an end in the territory of the state of that Contracting Party where the bus is registered, and during such trip the members of passengers remain invariable;

b) if the group of the same members is transported by the same bus, in one direction throughout all trip beginning in the territory of the state of one Contracting Party in which the bus, and other Contracting Party which is coming to an end in the territory of the state is registered provided that the bus after transportation returns empty.

c) in case of irregular transportations in case of transit movement.

In case of all transportations, except for regular, the passenger manifest is required.

4. Replacement of the defective bus with carrier with other, serviceable bus, does not change nature of the transportations specified in Item 3 of this Article.

Article 4

1. The request about issue of permission and permission to regular transportations of passengers by buses goes through competent authorities of Contracting Parties.

2. Content and the commitment form, and also permissions is determined by competent authorities of Contracting Parties.

Article 5

Accomplishment of pendular transportations requires permission of competent authority of one of Contracting Parties according to the petition of other Contracting Party. Carriers submit the application for pendular transportation to competent authorities of the states which, having considered this request, send the petition for it to competent authority of other Contracting Party.

Article 6

Entrance on the territory of the state of other Contracting Party by empty buses requires separate permission of competent authority, except for the case provided in item 4 of Article 3.

Part III. Freight transportation

Article 7

1. Transportation of goods between the territories of the states of Contracting Parties, en route through their territories, and also transportation of goods in or from the third states are performed based on permissions which are issued by competent authorities of the states of Contracting Parties.

2. On each flight and to each cargo vehicle or the road train separate permission shall be issued. Each permission grants the right to implementation of one flight there and back. Permission is required also for empty vehicles. In transit by road train permission is necessary only for the tractor. There are two types of permissions:

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