Agreement between the Government of the Republic of Kazakhstan and Government of Turkmenistan on the international motor transportations of passengers and loads

of February 27, 1997

The government of the Republic of Kazakhstan and the Government of Turkmenistan, hereinafter referred to as "Contracting parties",

wishing to promote mutually beneficial development of the trade and economic relations, for the purpose of development and settlement of the international motor passenger and freight transportation between both states and transit across their territory on the basis of equality and mutual advantage,

agreed as follows:

Article 1. Scope

1. Provisions of this agreement are applied to the passenger and freight transportation which is carried out by the vehicles registered in the territory of one of two states in through traffic between the Republic of Kazakhstan and Turkmenistan, or en route through their territories on roads open to the international automobile communication.

2. This agreement does not affect the rights and obligations of the Contracting Parties following from provisions of others of the bilateral or multilateral agreements signed by them in the field of the international motor freight or passenger traffic.

Article 2. Determinations

For the purposes of this agreement:

1. "Carrier" is understood as the term any physical person or legal entity having the main location in the Republic of Kazakhstan or Turkmenistan, which according to the national legal system; acting in the state of registration of the vehicle. it is authorized to carry out the international passenger or freight transportation on commercial basis or on own account;

2. As the term "vehicle" it is understood:

a) in transit passengers - the bus or any vehicle with the mechanical drive intended for transportation more than nine passengers including the driver;

b) in transit loads - any vehicle with the mechanical drive intended for transportation of goods including combination from one car - the tractor and trail car or semitrailer truck, at the same time the vehicle shall be registered in the territory of the state.

3. The term "permission" is understood as the document of the established form issued for use with payment of charges or with exemption of charges according to the current legislation of the state of each of Contracting Parties and which for freight and passenger traffic grants to the owner of the vehicle the right to make one trip there and back in through traffic or transit across the territory of the state of other Contracting Party in the period of the term of its action in one direction.

4. The term "special permission" is understood as the document granting to carrier the right of accomplishment of transportations of bulky, heavy and dangerous goods by the vehicle according to the existing domestic legislation of the states of Contracting Parties on which territory it is transported.

5. Under the term "regular transportation of passengers" - the transportation performed along the established routes with certain frequency of movement during which landing and disembarkation of passengers is made in in advance determined Items of stops according to approved by the schedule and rates.

6. Under the term "irregular (unexpected) transportations" - all other transportations of passengers.

7. Under the term "cabotage transportation" - 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.

8. The term "transit" is understood as journey of vehicles of one Contracting Party through the territory of the state of other Contracting party to the third countries or from the third countries.

Passenger traffic

Article Z. Regular transportations

1. Regular transportations of passengers by buses are performed based on permissions under approval between competent authorities of Contracting Parties.

2. Regular bus traffic can be organized by preliminary approval by competent authority of each Contracting Party of the routes passing on the territory of its state according to requirements of the national legal system. Approval can be provided from 1 to 5 years on the basis of the decision of competent authorities on opening of the regular message.

3. Statements according to Item 2 of this Article are transferred in writing to competent authority of other Contracting Party.

Statements shall include the following data:

- name and address of carrier;

- rates, route, schedule of movement,

- the planned period and frequency of accomplishment of transportations,

- Items of landing and disembarkation of passengers,

- useful life, Items of stops for rest and meal.

4. Competent authorities of each of Contracting Parties determine by agreement routinely or the decision of the Mixed commission specified in Article 14 of this agreement, the following questions:

a) enforcement of new bus traffic;

b) schedule of movement of vehicles;

c) rates;

d) conditions of transportation (routes);

e) reducing, development or the termination of regular bus traffic along certain routes;

e) other questions concerning regular messages.

Article 4. Irregular (unexpected) transportations

1. Irregular transportations in the through and transit traffic are performed by carriers of one of the states of Contracting Parties based on the permissions issued by competent authority of other Contracting Party.

2. Competent authorities of both Contracting Parties on the basis of reciprocity annually approve among themselves types of permissions.

Freight transportation

Article 5

1. Transportation of goods between the states of Contracting Parties and en route through their territory, except as specified, specified in Article 6 of this agreement, is performed based on permissions. On each flight and to each vehicle separate permission shall be issued. Permission is required also for the empty vehicles driving on the territory or the following en route through the territory of one of the states of Contracting Parties.

2. Permission is issued to carrier of the state of one Contracting party by competent authority of other Contracting Party in case of entrance on the territory of this Contracting Party.

3. Transfer of permission to other carrier or its use for other vehicle is forbidden.

4. Permission grants the right to carrier to transport loads as in through traffic, and to perform transportation of goods in the opposite direction from the territory of the state of other Contracting Party on condition of purpose of these loads to the state of registration of the vehicle and availability of consent of competent authorities of this Contracting Party.

Article 6. The transportations exempted from receipt of permissions

1. In the through or transit traffic, in the presence of the relevant documents, permissions it is not required on the following transportations:

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