Article 35. Operation of railway transport under special conditions of the Railway Transport Act

Home / RLA / Article 35. Operation of railway transport under special conditions of the Railway Transport Act

1. In the event of emergencies of a social, natural and man-made nature, as well as upon the introduction of a state of emergency and martial law, the contractual relations of the carrier may be suspended on the basis of decisions of the authorized body on the recommendation of state bodies responsible for the prevention (detection, suppression) and liquidation of emergencies of a social, natural and man-made nature, depending on their competence, the commander of the area.

2. In the event of a threat to national security or emergency situations of a social, natural or man-made nature, as well as the imposition of a state of emergency and other circumstances that impede transportation, the National Infrastructure Operator may decide to temporarily suspend or restrict the provision of transportation services in certain railway lines.

The national infrastructure operator is obliged to set the validity period of such a decision, as well as immediately notify the authorized body, carriers and other interested parties.

3. If the circumstances listed in paragraphs 1 and 2 of this article arise, which have entailed improper performance of the contract for the delivery and delivery of baggage, cargo and baggage, which led to the expiration of the storage period, the carrier has the right to return the baggage, cargo and baggage to the sender, the shipper at their expense.

The footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated 12/28/2010 No. 369-IV (effective after ten calendar days after its first official publication); Constitutional Law of the Republic of Kazakhstan dated 07/03/2013 No. 121-V (effective after ten calendar days after its first official publication); dated 07/04/2013 No. 132-V (effective ten calendar days after its first official publication); dated 13.06.2017 No. 69-VI (effective ten calendar days after the date of its first official publication).

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.

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