Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on Railway Transport

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on Railway Transport

The following basic concepts are used in this Law:

1) accident – cases of collision, derailment of rolling stock on railway tracks or railway tracks under public-private partnership agreements, as a result of which a person has suffered serious harm to health and (or) damaged rolling stock in the amount of major repairs.;

1-1) recipient – a person receiving baggage, baggage, or mail items and indicated in the transportation documents;

1-2) wreck – cases of collision, derailment of rolling stock on railway tracks or railway tracks under public-private partnership agreements, including concession agreements, as a result of which a person was killed and (or) the rolling stock was damaged to the extent that it was excluded from the inventory;

2) special rolling stock - self-propelled and non-self-propelled railway vehicles intended for maintenance, maintenance, restoration and repair of the main railway network and access roads;

3) special transportation – transportation of special cargoes for state needs and certain categories of passengers in accordance with the procedure determined by the authorized body;

4) socially significant passenger messages - messages whose social significance is determined by:

interregional – authorized body;

interdistrict (intercity, intra-regional) and suburban - by local representative and executive bodies;

5) baggage - property weighing not more than two hundred kilograms accepted for carriage on a passenger or mail-baggage train;

6) locking and sealing devices - control elements combined in a single design with locking devices used to prevent access to cargo transported in a wagon, container;

7) ticket office - points of sale of travel documents (tickets) located in and outside railway stations, which provide services for the sale of travel documents (tickets) in accordance with the requirements of the legislation of the Republic of Kazakhstan;

8) wagon - a non-self-propelled trailed vehicle intended for transportation along railway tracks;

8-1) delivery-cleaning of wagons – moving wagons by a shunting locomotive:

from the station tracks – to the places of loading, unloading (unloading), access roads;

on access roads – between the acceptance (exhibition) tracks and the places of loading, unloading (unloading) of the counterparty;

9) wagon (container) operator - a person who owns wagons (containers) by right of ownership or on other legal grounds, participates on the basis of a contract with the carrier in the transportation process by providing services to the wagon (container) operator and is specified in the transportation documents;

10) wagon (container) operator services - services for providing wagons (containers) on a contractual basis, distributing and managing the movement of wagons (containers) in accordance with the procedure established by the authorized body;

10-1) forecourt – the territory adjacent to the railway station with entrances and approaches to the railway station, public and private transport stops, parking places, parking lots, landscaping elements;

11) bulky (oversized) cargo - cargo, the dimensions of which, when placed on an open rolling stock located on a straight horizontal section of railway track, exceed the outline of the loading dimension or its geometric extensions in curves exceed the design standards established by the legislation of the Republic of Kazakhstan.;

11-1) dispatching regulation – the process of managing and monitoring the operations of the transportation process in real time;

11-2) particularly important transportation – the status assigned by the authorized body to transportation by railway rolling stock, as well as to the routes (messages) of their following during railway transportation of protected persons of the Republic of Kazakhstan;

12) passenger - an individual who has a travel document (ticket) and travels by train;

13) passenger agency - a person providing services for the sale of travel documents (tickets) through its points of sale on the basis of an agreement with the carrier, ensuring compliance with the requirements for the registration of travel documents (tickets);

13-1) locomotive traction operator in passenger traffic – a person who owns, by right of ownership or on other legal grounds, a traction vehicle (locomotive) used for passenger transportation, ensuring its maintenance and operation;

14) automated passenger transportation management system - passenger transportation management and electronic seat reservation system;

15) track development - a set of main roads, station tracks, switches connecting them to each other, technical means and devices located within the station and access roads;

16) sender - a person who sends baggage, cargo or mail items and is indicated in the transportation documents;

17) cargo – property, including an empty own wagon (container), accepted for carriage with the registration of a contract of carriage;

18) consignee - the person indicated in the shipping documents and receiving the cargo;

19) cargo baggage - property weighing more than two hundred kilograms accepted for carriage in passenger and mail-baggage trains;

20) shipper - the person specified in the shipping documents and dispatching the cargo;

21) cargo shipment - a consignment presented for transportation on one railway bill of lading;

22) cargo terminal - a complex of facilities and technical facilities on an access road designed to provide a range of services to shippers and consignees and to carry out multimodal transportation;

22-1) cargo transit – transportation of cargo from one country to another through the territory of the Republic of Kazakhstan, during which the cargo arrives at the railway station of the Republic of Kazakhstan and (or) departs from the railway station outside the Republic of Kazakhstan with one or more of the following operations: parking, reloading, warehousing, crushing of cargo, changing locations, weight, quantity of cargo and mode of transport;

23) rolling stock – traction vehicles (locomotives), wagons, self-propelled and other railway vehicles intended for transportation along railway tracks of passengers, baggage, cargo, baggage, mail, as well as special rolling stock;

23-1) capacity of an infrastructure section – the maximum number of trains and pairs of trains that can be passed through an infrastructure section during an estimated period of time (day), depending on the technical and technological capabilities of the infrastructure, rolling stock and ways of organizing train traffic, taking into account the passage of trains of various categories;

24) container is a multi-purpose universal transport equipment designed for the transportation of goods;

25) counterparty - a person who owns, by right of ownership or on other legal grounds, rail warehouses, cargo storage areas, loading and unloading mechanisms and (or) access roads adjacent to the access roads of another branch owner, or uses the services of access roads;

26) excluded by the Law of the Republic of Kazakhstan dated 31.10.2015 No. 380-V (effective after ten calendar days after the date of its first official publication); 27) excluded by the Law of the Republic of Kazakhstan dated 31.10.2015 No. 380-V (effective after ten calendar days after the date of its first official publication); 28) excluded by the Law RK No. 380-V dated 31.10.2015 (effective ten calendar days after the date of its first official publication);

29) access roads - railway tracks intended for servicing shippers, consignees and adjacent directly or through other access roads to main and (or) station tracks;

30) access road services - the services of the branch owner in providing access roads for use or servicing shippers and consignees.;

31) acceptance (exhibition) tracks - railway tracks defined by the contract for the supply and cleaning of wagons within the station or on the access road for performing acceptance operations;

32) acceptance operations - actions documented in accordance with the established procedure, performed during the reception (transfer) of goods, wagons, containers;

32-1) safety certificate – a document certifying the compliance of the carrier's safety management system with the safety rules for railway transport;

32-2) safety management system – a set of interrelated and interacting components of the carrier's management, covering the processes of planning, preparation and execution of operations, monitoring, control, analysis and aimed at ensuring compliance with established requirements for the safety of the transportation process and reducing the risks of harm to human life or health, the environment, damage to property of participants in the transportation process and third parties persons;

32-3) safety management system audit is a systematic process for diagnosing and evaluating the compliance of a safety management system with the requirements set out in the safety regulations for railway transport;

33) dangerous goods - goods that, due to their inherent properties, can cause death, injury or illness of people, animals, explosion, fire, damage or destruction of property, as well as harm the environment;

34) hand luggage - personal items carried by a passenger in a carriage without payment, by weight and dimensions not exceeding the prescribed dimensions;

35) locomotive infrastructure facilities - facilities designed to ensure the operation and equipment of traction rolling stock and maintenance of locomotive crews;

36) locomotive infrastructure operator - a person who owns, by right of ownership or on other legal grounds, objects of locomotive infrastructure and provides services to locomotive traction operators;

37) locomotive traction operator – a person who owns, by right of ownership or on other legal grounds, a traction vehicle (locomotive), ensuring its maintenance and operation, with the exception of the locomotive traction operator in passenger traffic

38) locomotive traction services - services for moving rolling stock by a traction vehicle (locomotive) along railway tracks;

39) trunk tracks – railway tracks intended for the operation of railway transport throughout the territory of the Republic of Kazakhstan and for providing railway communications with other states, consisting of main tracks (tracks between railway stations, tracks within the borders of stations that are a direct continuation of the tracks of adjacent crossings and, as a rule, do not have deviations on the switches), as well as receiving and forwarding tracks (tracks intended for receiving, departing, overtaking, crossing and passing trains within the station boundaries);

40) mainline railway network – a system of interconnected mainline and station tracks, as well as power supply, heat supply, water supply, alarm systems, communications, devices, equipment, buildings, structures, railway stations and other facilities technologically necessary for their operation, providing international and domestic railway communications;

41) mainline railway network services – services provided to carriers by the National Infrastructure Operator related to the use of the mainline railway network for the passage and movement of trains;

42) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

43) shunting work - moving wagons during their processing, sorting, disbanding, feeding and cleaning for loading, unloading, on the way (from the way) of repair, for weighing, during the formation, disbanding of trains; rearrangement of rolling stock from one track to another, movement of locomotives within the station, movement of special rolling stock, traction vehicles (locomotives or motor-car rolling stock);

43-1) railway tracks under public-private partnership agreements, including concession agreements, – railway tracks built and operated under public-private partnership agreements, including concession agreements, and not included in the mainline railway network;

43-2) railway transport facilities under public-private partnership agreements, including concession agreements, – facilities built and operated under public-private partnership agreements, including concession agreements, and not included in the mainline railway network;

43-3) services of railway tracks with railway transport facilities under public-private partnership agreements, including concession agreements, – services for the provision of railway tracks with railway transport facilities built and operated under public-private partnership agreements, including concession agreements, and the organization of rolling stock passage under them;

43-4) event – cases of collision, derailment of rolling stock, as well as passage of rolling stock to a forbidding traffic light signal or departure to the route of train reception and departure on railway tracks or railway tracks under public-private partnership agreements, including concession agreements, but not having the consequences of a crash or accident;

43-5) incident – cases of traffic safety violations that did not result in a crash, accident or event on railway tracks or railway tracks under public-private partnership agreements, including concession agreements, the list of which is determined by the rules of safety in railway transport;

44) operational documentation – documentation providing for the operation of infrastructure facilities, structures, rolling stock, special rolling stock, structures, equipment and inventory of railway transport;

45) train – a formed and coupled train of wagons with one or more operating traction vehicles (locomotives or motor-car rolling stock), having installed signals, locomotives without wagons, motor wagons and special self-propelled rolling stock following a route determined by the National Infrastructure Operator;

45-1) train formation plan – a document approved by the national infrastructure operator on the basis of drafts of the train formation plan for carriers, including establishing the categories and destinations of trains formed at railway stations, taking into account the capacity of sections of the main railway network and the processing capacity of stations.;

46) heavy cargo - cargo in which the weight and length or load on the frame (floor) of the car exceed the values allowed for transportation on universal rolling stock, established by the technical conditions for loading and securing goods.;

47) station tracks – railway tracks within the boundaries of the station: sorting, loading and unloading, exhaust, depot, connecting, special, with the exception of main tracks within the boundaries of stations;

48) branch owner - a person who owns a railway access road by right of ownership or on other legal grounds;

49) transportation – the movement of passengers, baggage, baggage, mail, and cargo from the point of departure to the destination;

49-1) user of transportation services – passenger, shipper (sender), consignee (recipient), forwarder;

50) transportability period is the maximum possible period of time for perishable baggage, cargo, and baggage in transit based on the data specified in the certificate (quality certificate).;

51) rules of transportation - regulatory legal acts regulating the activities and relationships of all participants in the transportation process;

52) transportation documents - documents by which a contract of carriage is concluded (travel document (ticket), baggage and baggage receipts, railway bill of lading);

53) transportation process – a set of organizationally and technologically interrelated operations performed during the preparation, implementation and completion of rail transportation;

54) participant in the transportation process – a user of transportation services, a carrier, a National Infrastructure operator, a locomotive traction operator, a locomotive traction operator in passenger traffic, an operator of wagons (containers), a branch owner, as well as the owner of railway tracks under public-private partnership agreements, including concession agreements;

54-1) safety of the transportation process (hereinafter referred to as traffic safety) – the absence of unacceptable risk when performing operations of the transportation process associated with harm to life, human health, the environment, damage to property of participants in the transportation process and third parties, taking into account the combination of the likelihood of a dangerous factor and the severity of its consequences;

54-2) carrier – a person engaged in the transportation of goods or passengers, baggage, baggage, mail, and specified in transportation documents, owning rolling stock, including traction vehicles, by right of ownership or on other legal grounds.;

55) perishable baggage, cargo, cargo baggage - baggage, cargo, cargo baggage having a limited shelf life and requiring special conditions of transportation and storage;

55-1) railway station class – the status of a railway station, determined depending on the volume of work performed (services provided) and technical equipment;

56) railway station – a complex of buildings, structures (including passenger platforms, railway crossings and the forecourt) and other types of property intended to provide services to the public for transportation by rail and baggage handling, depending on the class;

57) railway tracks - objects of immovable property (mainline, station, access roads) along which rolling stock is moved;

58) railway transport - a type of transport providing transportation along railway tracks;

59) excluded by the Law of the Republic of Kazakhstan dated 07/04/2013 No. 132-V (effective after ten calendar days after its first official publication);

60) security zones of railway transport - land plots necessary to ensure the safety of transportation, safety, strength and stability of structures, devices and other objects of railway transport;

60-1) auxiliary railway transport service – an individual or legal entity that is not a participant in the transportation process and provides services for the design, production, maintenance, repair and disposal of infrastructure facilities, structures, rolling stock, special rolling stock, structures, equipment and inventory of railway transport;

61) railway communication - transportation of passengers, baggage, cargo, baggage and mail items by rail between the points of departure and destination;

62) railway station - a point dividing main roads into sections, having track development, providing traffic control, capacity and allowing operations for receiving, departing and (or) crossing, overtaking trains, passenger service, receiving, baggage, baggage, mail and (or) cargo, as well as maneuvering work;

62-1) Was valid until 01.01.2022 in accordance with the Law of the Republic of Kazakhstan dated 27.12.2019 No. 295-VI.

62-2) temporary balancing fee – expenses of the National Cargo Carrier aimed at supporting passenger transportation;

63) authorized body - the central executive body responsible for management in the field of railway transport, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, inter-sectoral coordination;

64) National passenger carrier is a legal entity designated by the Government of the Republic of Kazakhstan that provides services for the transportation of passengers, baggage, baggage, mail, and ensures the implementation of a train formation plan for the entire mainline railway network, including special and military transportation;

64-1) National cargo carrier – a legal entity designated by the Government of the Republic of Kazakhstan, providing cargo transportation services, including performing special and military transportation, ensuring the implementation of the train formation plan on the entire mainline railway network;

64-2) National infrastructure operator is a legal entity, the controlling stake of which belongs to the national management holding or the National Railway Company, which carries out the operation, maintenance, modernization, construction of the mainline railway network and provides services to the mainline railway network, as well as providing priority support for military transportation;

65) National Railway Company is a joint–stock company established by decision of the Government of the Republic of Kazakhstan, a controlling stake of which belongs to the national management holding, which determines the general directions of development and ensures coordination of activities of the National Infrastructure Operator, national carriers and other affiliated legal entities engaged in activities in the field of railway transport, including comprehensive provision of military transportation;

66) freight forwarder - a person providing services for the organization of cargo transportation, which may be indicated in the transportation documents as a payer of transportation on the basis of a freight forwarding contract.

The Law of the Republic of Kazakhstan dated December 8, 2001 No. 266.

This Law regulates public relations between carriers, participants in the transportation process, government agencies, passengers, senders, recipients, shippers, consignees, and other individuals and legal entities when transporting passengers, baggage, cargo, baggage, and mail by rail.

President

Republic of Kazakhstan

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