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Article 1. The basic concepts used in this Law of the Law on Road Traffic

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law of the Law on Road Traffic

     The following basic concepts are used in this Law:

     1) the emergency call system in case of accidents and catastrophes (hereinafter referred to as the emergency call system) is a state automated information system operating using signals and data from navigation satellite systems, providing formalized information about road accidents and other emergency situations on the highways of the Republic of Kazakhstan to emergency operational services;

      2) motorway – a road specially built or reconstructed in accordance with the project for the movement of vehicles, which does not serve roadside properties. It can only be accessed from other roads through interchanges at different levels. This road:  

     It has separate carriageways for traffic in different directions, separated from each other by a dividing lane that is not intended for traffic.;

     It does not intersect at the same level with other roads, railway and tram tracks, and pedestrian paths.;

     It is specially designated as a highway;

     3) automobile – a mechanical vehicle designed for driving on roads and transporting people, goods or equipment installed on it, or towing vehicles intended for transporting people, goods or equipment installed on it, including trolleybuses. This concept does not apply to tractors and self-propelled vehicles.;

     4) special purpose vehicle – a vehicle intended for transportation and (or) escort of protected persons;

     5) stop – the deliberate cessation of movement of a vehicle for a period of up to five minutes or for a longer time, if necessary for boarding or disembarking passengers, loading or unloading the vehicle;

      6) 6) bicycle – a vehicle having two or more wheels and driven by the muscular power of the people on it, including using an engine;;

     7) bike path – a separate road or part of the road intended for the movement of bicycles and marked with an appropriate sign. A bike path is structurally separated from other roads or from other elements of the same road;

     8) bicycle lane – a lane of the roadway intended for the movement of bicycles. The bicycle lane is separated from the rest of the roadway by means of longitudinal road markings and special signs.;

     9) locality – a built-up area, the entrances to which and exits from which are marked with appropriate signs;

     10) pedestrian – a person who is outside the vehicle on the road and does not work on it. Individuals traveling in wheelchairs for people with disabilities, driving bicycles, electric scooters, small electric vehicles, mopeds, motorcycles, carrying sleds, trolleys, and baby strollers are considered pedestrians.;

     10-1) a separate dedicated path is a lane intended exclusively for public transport, including light rail transport. A separate marked path is separated from the rest of the carriageway by means of horizontal road markings and road signs.;

     11) road – the entire strip of allotment of land or the surface of an artificial structure, equipped or adapted and used for the movement of vehicles and pedestrians in accordance with the procedure established by this Law. A road includes one or more carriageways, as well as tram tracks, sidewalks, roadsides, and dividing lanes, if any.;

     12) passenger – a person who is on (in) a vehicle and is not driving it;

     13) road traffic is a set of social relations that arise in the process of moving people and goods by means of vehicles or without them within the boundaries of roads;

     14) rules of the road – a regulatory legal act establishing a uniform traffic order, the purpose and operation of technical and other means of organizing traffic in the territory of the Republic of Kazakhstan;

     15) road user – a person who is directly involved in the process of traffic as a pedestrian, passenger or driver;

      16) road safety – the condition of road traffic, reflecting the degree of protection of its participants from road accidents and their consequences, as well as from the negative effects of road traffic on the environmental situation, public health;  

     17) ensuring road safety is an activity aimed at preventing road accidents, negative impacts of road traffic on the environmental situation, public health, reducing the severity of their consequences, as well as eliminating such consequences.;

     18) the authorized body for ensuring road safety (hereinafter referred to as the authorized body) is the central executive body and its territorial divisions in regions, cities of republican significance and the capital, which carry out management within their competence and intersectoral coordination in the field of road safety;

     19) excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (effective six months after the date of its first official publication).;  

     20) traffic management – a set of organizational, legal, regulatory, methodological, design and survey, organizational and technical, control and supervisory, administrative and other measures for traffic management;

     20-1) technical means of traffic management – a set of devices, structures and images used on roads to ensure road safety and increase road capacity;

     21) the traffic risk management system is an administrative system that ensures effective planning and control measures based on the principles of selectivity and optimal allocation of resources to the most priority areas of control activities;

     22) carriageway – the part of the road used for the movement of vehicles;

     23) road owners – natural or legal persons who own roads or carry out road management activities under the right of economic management or operational management;

     24) a traffic accident is an event that occurred during the movement of a vehicle along the road and with its participation, resulting in injury to health, death of a person, damage to vehicles, structures, goods or other material damage;

     24-1) simplified registration of a traffic accident - registration of documents on a traffic accident without the participation of employees of the internal affairs bodies of the Republic of Kazakhstan in cases established by the Law of the Republic of Kazakhstan "On compulsory insurance of civil liability of vehicle owners";

     25) driver – a person driving a vehicle, a driver leading cattle, a herd, pack, harness or riding animals along the road. A master of driving instruction is equivalent to a driver during the educational process.;

     26) a driver's license is a document confirming the right to drive a vehicle of the appropriate category. A driver's license is also considered to be a document issued to replace one that has been withdrawn or lost for the period established by the legislation of the Republic of Kazakhstan, if there is a document certifying the identity of the owner of the driver's license.;

     26-1) intelligent transport system is a complex of interconnected automated systems that provide management, monitoring and control of traffic and activities related to the transportation of passengers, baggage, cargo and mail, as well as certified special control and measuring equipment, devices and equipment operating in automatic mode, recording violations of the legislation of the Republic of Kazakhstan on road traffic and about road transport;

     27) unified transport document management system is an information system that provides registration, accounting, processing and storage of documents related to the transportation of passengers, baggage, cargo and mail in the field of motor transport and the transfer of formalized information about such documents to the relevant authorized state bodies and participants in the transportation process in accordance with the procedure established by the legislation of the Republic of Kazakhstan about road transport;

   27-1) administrator of electronic vehicle passport systems (vehicle chassis passports) and electronic passports of self–propelled vehicles and other types of equipment (hereinafter referred to as the administrator of electronic passport systems) – An organization defined by the Eurasian Economic Commission, which is responsible for coordinating the design of electronic vehicle passport systems (vehicle chassis passports) and electronic passports for self-propelled vehicles and other types of equipment, including commissioning, operation, performance optimization, access assurance and control, security, and monitoring of technical support issues for these systems, interaction with system participants and authorities, the inclusion of new participants in these systems, as well as initiating measures necessary to harmonize the legislation of the member States of the Eurasian Economic Union in the field of the functions of these systems.;

     27-2) the system of electronic passports of vehicles (vehicle chassis passports) and electronic passports of self–propelled vehicles and other types of equipment (hereinafter referred to as the electronic passport system) is a structured complex that includes computing and communication equipment, software, linguistic tools, information resources, system personnel and participants interacting according to the rules established in this system and users, as well as implementing the information technology for performing the established functions of this system;

     27-3) the national operator (national administrator) of the electronic vehicle passport system (vehicle chassis passports) and electronic passports of self–propelled vehicles and other types of equipment (hereinafter referred to as the national operator (national administrator) of the electronic passport system) is a legal entity that organizes work with the administrator of electronic passport systems to ensure security and interaction with participants electronic passport systems and authorities;

     28) vehicle – a device designed to transport people, goods or equipment installed on it along roads;

     28-1) primary registration of a vehicle is the state registration of a vehicle carried out for the first time on the territory of the Republic of Kazakhstan;

     29) the owner of a vehicle is the owner of the vehicle, as well as the person who owns the vehicle on the right of economic management or the right of operational management or on another legal basis (the right of lease, the order of the relevant authority on the transfer of the vehicle to this person). A person who operates a vehicle by virtue of fulfilling his official or labor duties, including on the basis of an employment or civil law contract with the owner or other owner of the vehicle or on the basis of their expression of will, without completing a written transaction, is not the owner of a vehicle.;

 29-1) the average speed of a vehicle is the speed determined by dividing the length of a section of public roads of international or national significance traveled by the vehicle by the time period during which this distance has been traveled.;

      29-2) vehicle passport (vehicle chassis passport) – a passport issued for motor vehicles intended for movement on public roads, having an internal combustion engine with a working volume of more than fifty cubic centimeters or an electric motor (electric motors) with a maximum (total) power of more than four kilowatts and (or) a maximum constructive speed of more than fifty kilometers per hour, and trailers to them (passport issued to the chassis of the vehicle in case the chassis is delivered to their consumers);";

     add subparagraph 29-3) to read as follows:

     "29-3) electronic vehicle passport (vehicle chassis passport) is a vehicle passport (vehicle chassis passport) issued in the electronic vehicle passport system (vehicle chassis passports);

     30) state registration of a vehicle is a procedure for allowing a vehicle to participate in road traffic, carried out by an authorized body after checking the compliance of documents with the legislation of the Republic of Kazakhstan, verifying vehicle identification numbers with the issuance of a vehicle registration certificate and the assignment of a state registration plate;

     31) certificate of state registration of a vehicle – a document confirming the vehicle's admission to participate in road traffic;

     32) active vehicle safety – a set of structural and operational properties of vehicles aimed at preventing road accidents and eliminating the prerequisites for their occurrence related to the design features of the vehicle;

      33) passive safety of vehicles – a set of design and operational characteristics of vehicles aimed at reducing the severity of road accidents;  

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

     35) region of activity – the territory defined by the authorized body in the field of transport and communications, in which there are no fixed lines of technical inspection;

     36) State report – an annual report on the state of road safety;

     37) a state registration number plate is a product owned by the state and containing an individual alphanumeric designation assigned to a mechanical vehicle and manufactured in accordance with the requirements of the national standard. This concept applies to Transit license plates;

      38) a mechanical vehicle is a self–propelled road vehicle powered by an engine, with the exception of electric scooters, small electric vehicles and rail vehicles. The concept also applies to tractors and self-propelled vehicles when they participate in road traffic.;

     39) operation of a mechanical vehicle is a stage of the life cycle of a mechanical vehicle, including its intended use from the moment of its state registration to the moment of disposal;

     40) the unified information system for mandatory technical inspection of motor vehicles and trailers to them is an electronic database containing information about the owners of motor vehicles and trailers to them, motor vehicles and trailers to them, and the results of mandatory technical inspection;

     40-1) the operator of the unified information system for mandatory technical inspection of motor vehicles and trailers to them is a joint–stock company designated by the authorized body in the field of transport and communications and responsible for maintaining, developing, integrating and maintaining the unified information system for mandatory technical inspection of motor vehicles and trailers to them.;

     41) a moped is a two– or three-wheeled mechanical vehicle equipped with an internal combustion engine with an engine capacity not exceeding fifty cubic centimeters or an electric motor and having a maximum design speed of not more than fifty kilometers per hour. Scooters, scooters, and other mechanical vehicles with similar characteristics are considered to be mopeds.;

     42) motorcycle – a two-wheeled mechanical vehicle with or without a side trailer, having an engine. Motorcycles include three- and four-wheeled vehicles whose unloaded weight does not exceed four hundred kilograms, scooters with a cylinder volume exceeding fifty cubic centimeters, and other vehicles with similar characteristics.;

     43) mandatory technical inspection is a periodic process of diagnosing the technical condition of motor vehicles and trailers for compliance with the requirements established by the legislation of the Republic of Kazakhstan.;

     44) parking – a parking place for a vehicle, which is a section of road organized in accordance with regulatory legal acts approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

   44-1) parking space – a specially designated area or place for stopping and (or) parking a vehicle, including off highways; 

     44-2) passport of self-propelled vehicles and other types of equipment – a passport issued for tractors, self-propelled road construction, utility, agricultural, and other ground-based trackless mechanical vehicles equipped with an internal combustion engine with a working volume of more than fifty cubic centimeters or an electric motor (electric motors) with a maximum (total) capacity of more than four kilowatts (except for motor vehicles intended for use on public roads). having a maximum design speed of more than fifty kilometers per hour) and trailers to them; 

44-3) electronic passport of self–propelled vehicles and other types of equipment - a passport of self-propelled vehicles and other types of equipment, issued in the system of electronic passports of self-propelled vehicles and other types of equipment;

43) mandatory technical inspection is a periodic process of diagnosing the technical condition of motor vehicles and trailers for compliance with the requirements established by the legislation of the Republic of Kazakhstan.;

     44) parking – a parking place for a vehicle, which is a section of road organized in accordance with regulatory legal acts approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

   44-1) parking space – a specially designated area or place for stopping and (or) parking a vehicle, including off highways; 

     44-2) passport of self-propelled vehicles and other types of equipment – a passport issued for tractors, self-propelled road construction, utility, agricultural, and other ground-based trackless mechanical vehicles equipped with an internal combustion engine with a working volume of more than fifty cubic centimeters or an electric motor (electric motors) with a maximum (total) capacity of more than four kilowatts (except for motor vehicles intended for use on public roads). having a maximum design speed of more than fifty kilometers per hour) and trailers to them; 

44-3) electronic passport of self–propelled vehicles and other types of equipment - a passport of self-propelled vehicles and other types of equipment, issued in the system of electronic passports of self-propelled vehicles and other types of equipment;

     45) parking – an area consisting of a specially equipped building (part of a building), a structure (part of a structure), including a single- or multi-level engineering structure, or a special outdoor area designed for storing (parking) vehicles and organized in accordance with regulatory legal acts;

     46) register of technical inspection operators – a single list of technical inspection operators; - Excluded by the Law of the Republic of Kazakhstan.

     47) technical inspection operator – a legal entity or individual entrepreneur engaged in mandatory technical inspection activities and authorized to operate technical inspection operators;

     48) technical inspection center – a complex designed to perform work on diagnosing the technical condition of motor vehicles and trailers to them, having a stationary and (or) mobile technical inspection line for these purposes.;

     49) diagnostic technical inspection card – a document containing information about the owner and the mechanical vehicle and trailers to it with a list of parameters of the technical condition of the mechanical vehicle and trailers to it and the results of the mandatory technical inspection;

     50) stationary technical inspection line – a complex equipped with diagnostic tools for motor vehicles and trailers for mandatory technical inspection, located in a building or structure;

     51) mobile technical inspection line – a mobile complex consisting of a special vehicle or a mobile structure (container type) equipped with diagnostic tools for motor vehicles and trailers to them for mandatory technical inspection;

     52) parking – the deliberate cessation of movement of a vehicle for a period of more than five minutes for reasons unrelated to boarding or disembarking passengers or loading or unloading the vehicle;

     53) trailer – a vehicle not equipped with an engine and intended for movement in combination with a mechanical vehicle. The concept also applies to semi-trailers and break-up trailers.;

     Note from <url>!       Subparagraph 53-1) is amended by the Law of the Republic of Kazakhstan dated 03.10.2024 No. 130-VIII (effective six months after the date of its first official publication).  

     53-1) small electric vehicle – a vehicle equipped with an electric motor, designed for individual movement, having one or more wheels, with the exception of electric scooters and bicycles with an electric motor;

     54) emergency operational services – services providing emergency assistance in case of road accidents and other emergency situations on the highways of the Republic of Kazakhstan;

     55) emergency call device – a device that performs and ensures the determination of coordinates, speed and direction of movement of a vehicle using signals from at least two active global navigation satellite systems, the transmission of messages about the vehicle in case of a traffic accident or other emergency situation, as well as two-way voice communication with emergency services over networks mobile radiotelephone communication;

     56) emergency call system operator is an authorized organization that manages the emergency call system.

     56-1) electric vehicle – a mechanical vehicle equipped with and powered by an electric motor that receives energy from rechargeable batteries, capacitive storage devices and (or) fuel cells, and is charged exclusively using an external source of electrical energy;

     57) electric scooter – a vehicle of individual mobility having two or three wheels, designed for the movement of one person through the use of an electric motor (electric motors), without a seat, with a maximum design speed of not more than twenty-five kilometers per hour.

 

 

The Law of the Republic of Kazakhstan dated April 17, 2014 No. 194-V SAM.

     This Law establishes the legal basis and general conditions for the functioning of road traffic and ensuring its safety in the Republic of Kazakhstan.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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