Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law on Inland Waterway Transport

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law on Inland Waterway Transport

The following basic concepts are used in this Law:

1) berth - a hydraulic engineering structure having devices for the safe approach of ships and designed for the safe parking of ships, their loading, unloading and maintenance, as well as boarding passengers on ships and disembarking them from ships;

2) mooring - actions for approaching and securing a vessel to a berth, pier or other vessel;

2-1) socially significant transportation - transportation of passengers by inland waterway in regular service, satisfying the needs of the population for transportation and determined by local executive bodies;

3) landing stage - a floating berth designed for mooring and servicing passenger or cargo ships;

4) dispatch - calculation of losses due to a general accident distributed between the parties involved in transportation;

5) dispatchers - persons with knowledge and experience in the field of inland waterway transport, who make up the calculation according to the definition of dispatch;

6) coastal strip - a strip of land along the shores of water bodies twenty meters wide from the coastline for the installation of navigation signs and equipment in compliance with environmental requirements;

6-1) the register of leased foreign vessels is a document in which foreign vessels are registered that meet the requirements established by paragraph 11 of Article 24 and paragraph 5 of Article 26 of this Law.;

7) track work - dredging, straightening, trawling, dredging, prospecting and other work on the installation and maintenance of navigation equipment on inland waterways;

8) passenger - a person who is in a contractual relationship with the carrier and is indicated in a ticket or other document confirming his right to travel, or who escorts a motor vehicle, animals and other cargo under a cargo transportation contract with the consent of the carrier.;

8-1) passenger certificate - a ship's document containing information about the maximum allowable number of passengers on a ship;

8-2) passenger vessel - a vessel designed to carry more than twelve passengers;

9) the certificate of seaworthiness is one of the main documents of the Register of Shipping, issued in accordance with the rules of the Register of Shipping;

10) vessel – an inland navigation vessel that is not a small vessel, a self-propelled or non-self-propelled floating structure used for navigation purposes, including a river-sea navigation vessel, a ferry, a technical fleet vessel (dredging and dredging shells, a floating crane and other similar technical structures);

11) ship passage - the surface of the water on inland waterways, furnished with signs of navigation conditions indicating its direction and boundaries, within which unhindered navigation of vessels of certain sizes is allowed.;

12) navigation - activities related to the management of vessels navigating on inland waterways;

13) shipowner - a person operating a vessel on his own behalf on the right of ownership and use in accordance with the legislation of the Republic of Kazakhstan;

13-1) mortgage of a vessel - mortgage of an inland waterway vessel, small vessel, river-sea vessel subject to state registration, arising on the basis of an agreement registered in the relevant register;

14) ship's book – a document in which small vessels and their rights are registered;

15) Shipping – activities related to the use of vessels for the transportation of goods, passengers and their luggage, postal items, towing, conducting searches, exploration and mining, fishing and other crafts, construction, track, hydraulic engineering, underwater technical and other similar works, pilotage, rescue operations, carrying out measures to protect water bodies, protecting them from pollution and clogging, lifting sunken property, state control and supervision, conducting scientific research, with the exception of activities using small vessels;

16) shipping lock - a hydraulic engineering structure for lifting or lowering vessels from one water level to another;

17) Register of Shipping – the republican state-owned enterprise for the classification and technical safety of vessels and small-decked vessels established by decision of the Government of the Republic of Kazakhstan;

18) pilotage of vessels is an activity that ensures the safe passage of vessels through particularly difficult sections of inland waterways;

19) the owner of a vessel is a person registered as the owner of a vessel in accordance with the Rules of state registration of a vessel, including a small vessel, and the rights to it.;

20) the keel is the main longitudinal element of the vessel, which runs along the bottom from bow to stern and divides it into two symmetrical parts.;

21) bill of lading – a transportation document issued during the transportation of goods by direct waterway;

22) survey - an inspection of a vessel in order to determine its technical condition in accordance with the requirements established by the technical regulations and rules of the Register of Shipping aimed at ensuring the safety of navigation of the vessel, taking into account its purpose and confirmation of the class;

23) inland waterways of the Republic of Kazakhstan (hereinafter referred to as inland waterways) are natural or artificially created communication routes that can be used for navigation purposes;

24) inland waterway transport of the Republic of Kazakhstan (hereinafter referred to as inland waterway transport) is a type of transport registered in the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan and engaged in navigation and other navigation-related activities on inland waterways;

25) inspection – an inspection by an authorized body of an object for compliance with the requirements of regulatory legal acts of the Republic of Kazakhstan aimed at ensuring safe operation;

26) dangerous cargo - cargo that, due to its inherent properties and characteristics during transportation, loading and unloading and storage, can cause an explosion, fire or damage to technical means, devices, buildings, structures and structures, as well as death, injury or illness of people, animals, harm the environment;

27) pilot - a specialist with certain knowledge and skills in the field of safe navigation of vessels to the place of mooring, anchoring and rearranging vessels in the port;

28) The State Ship Registry is a document in which ships and their rights are registered that comply with the requirements established by paragraph 5 of Article 26 of this Law.;

29) state transport control and supervision (hereinafter referred to as transport control and supervision) is a set of measures carried out by an authorized body in order to verify compliance by individuals and legal entities with the requirements of regulatory legal acts of the Republic of Kazakhstan;

30) navigation - the period of time during which navigation is possible;

31) a river-sea navigation vessel is a vessel that, according to its technical characteristics, is suitable and, in accordance with the established procedure, is allowed to operate for navigation on sea and inland waterways.;

31-1) small–deck vessel - a small vessel having a horizontal watertight cover from bow to stern made of decking and a set in the hull of the vessel, supported by sides, bulkheads and pillars;

32) port - a complex of facilities located on a land plot and in the water area of inland waterways, equipped and equipped for the purpose of servicing passengers and ships, loading, unloading, receiving, storing and delivering goods, and interacting with other modes of transport;

33) the water area of a port is a limited area of the water surface used for the approach and parking of ships at berths and the establishment of raids on which ships and convoys are awaiting cargo handling or departure, as well as where the necessary operations are performed;

34) roadsteads - a part of the port's water area outside the ship's passage, intended for anchoring ships, maneuvering or reloading cargo;

35) flight is the transport process of transporting passengers or cargo over a certain time interval between geographical locations or areas;

35-1) the design water level is one of the low navigation levels having a fixed value of long-term availability, depending on the group of waterways based on the intensity of navigation, on the basis of which guaranteed dimensions of navigation are established on navigable rivers.;

36) rigging - a set of ship's gear for hoisting, lifting and lowering flags and signals;

37) carrier - a person who owns a vessel by right of ownership or on other legal grounds, provides services for the transportation of passengers, baggage and cargo and is indicated in the transportation documents;

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

39) verification is an action of state bodies performing control and supervisory functions performed in order to determine compliance by business entities with the requirements of the legislation of the Republic of Kazakhstan on inland waterway transport;

40) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

41) technical supervision is an integral part of classification activities aimed at ensuring the technical safety of ships, small deck vessels, including step–by-step inspections of compliance with the legislation of the Republic of Kazakhstan on merchant shipping and inland waterway transport;

42) sedimentation point - a land plot and a water area of a surface water body, equipped and equipped for the purpose of repair, sedimentation in the summer and winter, technical inspection of ships, rafts and other floating objects;

42-1) registration number - the number of a vessel, including a small one, which is assigned to it during state registration;

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

44) an enterprise of the authorized body is a state-owned enterprise of inland waterway transport, the main task of which is to carry out production activities for the proper maintenance and development of inland waterways and navigable hydraulic structures (locks) in order to ensure safe navigation of vessels within the serviced borders.;

45) small vessel – a vessel with a length of not more than twenty meters with a permissible number of people on board of not more than twelve people, except for vessels built or equipped for fishing, cargo transportation, towing, prospecting, exploration and mining, construction, track, hydraulic engineering and other similar works, pilotage and icebreaking, as well as the implementation of measures to protect water bodies from pollution and clogging.

The Law of the Republic of Kazakhstan dated July 6, 2004 No. 574.

This Law regulates public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters, and also defines their rights, duties and responsibilities..

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