On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on International Road Transport

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on International Road Transport

The Law of the Republic of Kazakhstan dated October 30, 2017 No. 102-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on International Road Transport, signed in Astana on June 25, 2012.

President of the Republic of Kazakhstan

N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on International Road Transport

Bulletin of International Treaties of the Republic of Kazakhstan 2018, No. 1, Article 12 entered into force on December 18, 2017

The Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway (hereinafter referred to as the "Contracting Parties"),

Desiring to promote the development of passenger and freight road transport between the States of the Contracting Parties and transit through their territories,

in an environmentally acceptable manner, have agreed as follows:

1. General provisions

Article 1. Definitions

(1) "State of registration" means the territory of the State of the Contracting Party in which the carrier and its motor vehicle are registered;

2) "Receiving State" means the territory of the State of the Contracting Party in which the carrier operates without registration and without registration of its motor vehicle;

(3) "Passenger motor vehicle" means any motor vehicle with a mechanical drive that is equipped and used exclusively for the carriage of passengers;

(4) "Commercial motor vehicle" means any motor vehicle with a mechanical drive commonly used for the carriage of goods by road. For the purposes of this Agreement, the term commercial vehicle also applies to any trailers or semi-trailers connected to any commercial vehicle, as well as to any combination of vehicles.;

5) "Regular passenger transportation" means the transportation of passengers at specified intervals along agreed routes, while passengers are taken on board and disembarked at pre-determined stopping points, which are agreed upon by the competent authorities of the States of the Contracting Parties.;

6) "Pendulum passenger transportation" means transportation in a two-way communication, when groups of passengers formed in advance are transported from the same point of departure to the same destination. These groups, consisting of passengers who have completed a trip to their destination, are transported back to their point of departure during the subsequent trip. The point of departure and destination should be understood as the place of departure or arrival, as well as its surroundings located at a distance of 50 km from it.;

The first trip to the departure point and the last trip to the destination in a series of pendulum transports are carried out empty;

7) "Permit" means a document that authorizes a vehicle registered in the territory of the State of one Contracting Party to travel to and from its destination or transit through the territory of the State of the other Contracting Party.;

(8) "Cabotage" means the transportation of passengers or goods between locations in the receiving State.

Article 2. Scope of application

A carrier that has the right to carry out international road transport operations in its State of registration may carry out such operations to/from the territory of the receiving State, transit through the territory of the receiving State or to/from third countries under the conditions specified in this Agreement.

Article 3. Competent authorities

The competent authorities of the States of the Contracting Parties, which coordinate issues on the application of the provisions of this Agreement, are:

from the Kazakh Side - the Ministry of Transport and Communications of the Republic of Kazakhstan;

On the Norwegian Side, the Ministry of Transport and Communications of the Kingdom of Norway.

In the event of a change in the name or functions of the aforementioned competent authorities, the Contracting Parties must immediately notify each other through diplomatic channels.

Article 4. The Joint Commission

In order to properly implement the provisions of this Agreement and resolve issues related to its implementation, the Contracting Parties shall establish a Joint Commission consisting of representatives of the competent authorities of their States (hereinafter referred to as the Joint Commission).

Meetings of the Joint Commission should alternatively take place on the territory of the State of one of the Contracting Parties at the request of their competent authorities.

2. Passenger transportation

Article 5. The licensing system

All transport operations using passenger vehicles between the territories of the States of the Contracting Parties or in transit through their territory, with the exception of transport operations specified in Article 7 of this Agreement, must be carried out with permits issued by the competent authorities of the receiving State.

Article 6. Regular and pendulum transportation

Regular transportation by bus between the territories of the States of the Contracting Parties or transit through their territories must be carried out with the prior approval of the competent authorities of the States of the Contracting Parties.

Carriers must submit applications for permits to the competent authorities of the State of registration. If the competent authorities approve the application, they will forward the application to the competent authorities of the receiving State along with their recommendation.

The competent authorities of the States of the Contracting Parties must mutually agree on the regulations and conditions of the permit, the schedule, fares and routes, which indicate the places of stops from where passengers are picked up and dropped off, as well as border control points.

Pendulum transportation between the territories of the States of the Contracting Parties or transit through their territories is carried out on the basis of permits issued by the competent authorities of the States of the Contracting Parties, which they exchange in advance. For this purpose, the competent authorities exchange quota permit forms.

Article 7. Irregular and other transportation for which permits are not required

The following categories of transportation are carried out without the permits mentioned in Article 5 of this Agreement:

1. Irregular passenger transportation. Transportation is considered irregular when the same passengers are transported by the same vehicle.:

a) on a round trip starting and ending in the territory of the State of registration of the vehicle (closed-door trip);

b) on a trip starting in the territory of the State of registration of the vehicle and ending at the destination in the territory of the receiving State, provided that the vehicle returns without passengers to the territory of the State of registration.;

2. Two-way round-trip passenger transportation by a passenger vehicle that is designed and used to transport less than 9 people, including the driver.

3. Cargo transportation

Article 8. Licensing system

Permits are required for the carriage of goods between the territories of the States of the Contracting Parties, as well as for transit traffic through their territories, with the exception of traffic referred to in Article 9 of this Agreement.

Each carriage requires one permit, which allows the carrier to make a round trip, unless otherwise specified in the permit itself.

The competent authorities of the States of the Contracting Parties must annually exchange a mutually agreed number of permit forms for the carriage of goods.

One single permit must be issued for each vehicle by the competent authorities of the States of the Contracting Parties.

Article 9. Exceptions

Permits are not required for transportation:

a) goods by motor vehicles, the maximum weight of which, including trailers, does not exceed 6 tons or the maximum load capacity of which, including trailers, does not exceed 3.5 tons;

(b) Damaged vehicles;

c) mail;

d) fair and exhibition cargo;

e) decorations and other goods intended for theater, musical and other cultural events, circus performances, film screenings, radio and television programs;

(f) Medicines and equipment needed in emergency situations, in particular during natural disasters, as well as for humanitarian assistance.

4. Other provisions

Article 10. Transportation to third countries

Carriers may carry out road transport between the territories of the receiving States and third countries only on the basis of a special permit issued by the competent authorities of the receiving State.

Article 11. Cabotage

Coastal transportation of passengers and cargo is prohibited.

Article 12. Obligations of carriers and violations

Carriers of the State of one Contracting Party and the crews of their vehicles, while in the territory of the State of the other Contracting Party, must comply with its national legislation.

In case of violation of the provisions of this Agreement by carriers of the States of the Contracting Parties, the competent authority of the State of the Contracting Party in whose territory the violation occurred, without prejudice to the procedural actions of its State, notifies the competent authority of the State of the other Contracting Party, which takes measures provided for by the national legislation of its State. The competent authorities of the States of the Contracting Parties shall notify each other of the decisions taken.

Article 13. Weight and dimensions

The maximum permissible weight, axle load and dimensions of the vehicle must not exceed the parameters specified in the registration documents and the maximum permissible parameters allowed in the territory of the receiving State.

The use of vehicles with indivisible bulky and heavy cargo is permitted in the receiving State only with a special permit, for which an application has been submitted in advance.

Article 14. Amendments and additions

By mutual agreement of the Contracting Parties, amendments and additions may be made to this Agreement, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 16 of this Agreement.

Article 15. Dispute resolution

In the event of disputes and disagreements regarding the interpretation and application of the provisions of this Agreement, the Contracting Parties shall resolve them through negotiations and consultations.

Article 16. Entry into force and term of validity

This Agreement shall enter into force 30 days after receipt, through diplomatic channels, of the last written notification by the Contracting Parties of the completion of the internal procedures necessary for its entry into force.

This Agreement shall be concluded for an indefinite period and shall terminate upon the expiration of six months from the date of receipt by one of the Contracting Parties through diplomatic channels of a written notification by the other Contracting Party of its intention to terminate this Agreement.

Done in Astana on June 25, 2012, in two originals, each in the Kazakh, Norwegian, Russian and English languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will refer to the English text.

For the Government of the Republic of Kazakhstan

For the Government Kingdom of Norway

RCPI's note!

The following is the text of the Agreement in Norwegian and English.

President

Republic of Kazakhstan

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