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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 21, 2015 No. 311

About approval of Rules of the organization of goods transportation by the vehicle in the Kyrgyz Republic

(as amended of the Order of the Government of the Kyrgyz Republic of 02.09.2016 No. 480)

For the purpose of improvement of quality of transport servicing of the population in the field of goods transportation, according to article 12 of the Law of the Kyrgyz Republic "About road transport" the Government of the Kyrgyz Republic decides:

1. Approve Rules of the organization of goods transportation by the vehicle in the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after thirty days from the date of official publication.

Prime Minister

T. Sariyev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of May 21, 2015 No. 311

Rules of the organization of goods transportation by the vehicle in the Kyrgyz Republic

1. General provisions

1. These rules of the organization of goods transportation by the vehicle in the Kyrgyz Republic (further - Rules) establish the basic principles of the organization of goods transportation, procedure for ensuring safety of loads and condition of carriage of loads performed by road transport in the Kyrgyz Republic irrespective of pattern of ownership.

2. Rules extend to domestic goods transportation by the vehicle.

Carriage of goods by the vehicle in the international message is performed according to the international treaties which became effective in accordance with the established procedure in the field of road transport which participant is the Kyrgyz Republic, regulatory legal acts of the Kyrgyz Republic and these rules.

3. Rules do not extend on:

- the motor transportations of loads performed for the purpose of providing law and order, defense capability in the conditions of force majeur circumstances and in case of mitigation of consequences of emergency situations;

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

4. The most admissible weight and dimensional parameters of cargo vehicles are regulated by regulatory legal acts of the Kyrgyz Republic.

5. The basic concepts used in Rules:

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);

cargo piece - the packed or packaged material object in container, demountable body, container (packaging), transport packet, the tank accepted for transportation;

freight terminal - the warehouse economy located in terminal or intermediate point of transportation network, organizing carriages of goods with participation of road, rail, water and air transport;

consignment - the load of one or several names transported according to one tovarorasporyaditelny document;

the accompanying sheet - the document serving for accounting and control of use of container.

2. Procedure for the organization and implementation of carriages of goods by the vehicle

6. Procedure for the organization of carriage of goods by the vehicle, general requirements on safety control in case of their transportation are regulated by these rules and transportation agreements of load.

7. Carriage of goods is drawn up by commodity-transport delivery notes in form according to appendix 1 to these rules. In cases of transportation of some types of the loads transported by embankment (in bulk) it can be drawn up by the act of measurement or the act of weighing in any form.

In case carrier and the owner of load is the physical person, then registration of commodity-transport delivery note is not required. Accessory of load, its characteristic are specified in the reference issued by local government bodies in other cases - in purchasing acts of purchase of goods, checks, receipts and other documents.

8. The commodity-transport delivery note on carriage of goods by the vehicle is the main carriage document proving indisputability of the fact of the conclusion of the transportation agreement of load, terms of this agreement and acceptance of load by carrier, and also the basis for calculations for the executed transportations by the vehicle.

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

9. The commodity-transport delivery note is constituted by the consignor in four copies addressed to each consignee with filling in all copies of the following details:

- name of the consignee;

- name of load;

- quantity, weight of the transported load;

- method of determination of load weight (weighing, on cliche, the standard, measurement);

- types of service, rendered by carrier;

- packaging sort, method of loading and unloading;

- time of giving of the vehicle for loading and time loaded, idle time.

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 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 route sheet is drawn up in form according to appendix 8 to these rules.

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

Any corrections are certified of commodity-transport delivery notes by signs and seals both the consignor, and carrier.

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

10. The carrier and the consignor (consignee) in need of implementation of systematic carriages of goods can sign long-term agreements about the organization of carriages of goods. Such transportation agreement of load can be signed in the form approved between carrier and the customer. The consignor, the consignee or the freight forwarder can be the customer of motor transportation of load.

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

12. In case of inexact specifying of 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 inaccurately and specifies the actual arrival time and departure.

13. Determination of mass of load and (or) check of number of cargo pieces are made jointly by the consignor and carrier (their representatives) if other is not established by the agreement of the parties.

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

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

- 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 forms the basis for accounting of transport work of carrier.

15. Cargo hauling with escort of the representative of the freight owner, cargo hauling concerning which movement of inventory items is not recorded is performed by the vehicle provided based on the charter agreement of the vehicle which shall include the following:

- information about the consignor and carrier;

- name of load;

- type of the provided vehicle (if necessary - the number of vehicles);

- route and place of giving of the vehicle;

- transportation accomplishment terms;

- amount of payment for use of the vehicle.

The charter agreement can include also other conditions.

16. The charter agreement can be signed in the form of the work order on provision of the vehicle for carriage of goods, according to appendix 2 to these rules.

17. The work order moves the consignor to carrier which shall consider the work order and till 3 days from the date of its acceptance to inform the consignor on acceptance or refusal in adoption of the work order with written reasons for causes of failure and at the same time to return the work order.

18. Change of chartering conditions is along the line noted by carrier in the column 11 "Clauses and Notes of Carrier" of the work order.

19. The work order is constituted in triplicate (originals), signed by the consignor and carrier and if the consignor and carrier are legal entities or individual entrepreneurs, work order copies are also certified them by seals and signatures.

The first copy of the work order remains at the consignor, second and third - are handed to carrier. The third copy of the work order with necessary marks after cargo hauling goes to the consignor for calculation.

20. Any corrections are certified of the work order by signs and seals both the consignor, and carrier.

21. In case of loading of subject to cargo hauling on different vehicles such number of work orders which corresponds to the number of the used vehicles is made.

3. Requirements to loading points and unloadings of loads

22. Cargo loading on the vehicle, fixing, the shelter and coordination of loads unloading of loads, removal of fixtures and coverings - the consignee are made by the consignor, and if other is not provided by the transportation agreement of load.

23. When implementing loading works the load is placed so that its weight was distributed regularly, on all length of body of the vehicle without exceeding of admissible weight and dimensional parameters.

When loading the loose goods transported by bulk, the surface of load shall not support the upper edges of boards of the vehicle for the purpose of prevention of emptying of load in case of movement.

Carrier together with the consignor provide the shelter of loose goods with bed curtains.

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