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

The Law of the Republic of Kazakhstan dated May 5, 2017 No. 61-VI.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Serbia on International Road Transport, signed in Astana on August 28, 2015.

President of the Republic of Kazakhstan

N. NAZARBAYEV

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

(Entered into force on July 6, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 4, Article 51)

The Government of the Republic of Kazakhstan and the Government of the Republic of Serbia, hereinafter referred to as the Parties,

developing trade and economic relations between the two countries,

Considering the need to protect the environment and ensure traffic safety,

Guided by the desire to develop cooperation in the field of international road transport and desiring to ensure road communication,

have agreed on the following:

I. General provisions

Article 1

1. This Agreement regulates international automobile passenger and cargo transportation between the States of the Parties, as well as transit transportation through their territories and transportation to or from third countries performed by vehicles registered in one of the States of the Parties.

2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the Republic of Kazakhstan and the Republic of Serbia are parties.

3. Issues not regulated by this Agreement and international treaties to which the States of the Parties are parties are resolved in accordance with the legislation of the State of the relevant Party.

Article 2

The terms used in this Agreement mean the following:

1) the competent authority:

for the Republic of Kazakhstan - Ministry of Investment and Development of the Republic of Kazakhstan;

for the Republic of Serbia - the Ministry of Construction, Transport and Infrastructure of the Republic of Serbia.

In case of changes in the competent authorities of the States of the Parties, the Parties promptly notify each other of the changes through diplomatic channels.;

2) carrier - any natural or legal person registered in the territory of the state of one of the Parties, in accordance with the legislation of that state, authorized to carry out international road transportation of passengers or cargo.;

3) motor vehicles - owned by the carrier on property rights or other legal grounds:

When transporting passengers, a bus is used, that is, a vehicle designed to transport passengers and having more than 9 seats, including the driver's seat, possibly with a trailer for transporting luggage.;

when transporting goods - a truck, a truck with a trailer, a tractor truck or a tractor truck with a semi-trailer;

4) regular passenger transportation means the transportation of passengers by bus, carried out according to the route, timetable, fares and stopping points agreed upon between the competent authorities of the States of the Parties, at which the carrier embarks and disembarks passengers;

5) irregular passenger transportation - transportation of passengers by bus, which is not a regular passenger transportation;

6) a permit is a document issued by the competent authorities of the States of the Parties and granting the right to travel for a vehicle of the carrier of the state of one Party through the territory of the state of the other Party.;

7) special permit - a document issued by the relevant competent authorities of the States of the Parties and granting the right to travel a vehicle that, loaded or unloaded, exceeds the permissible axle load, maximum total weight or dimensions, as well as by the competent authorities of the States of the Parties and granting the right to travel a vehicle with dangerous goods on the territory of the state of another The parties;

8) coastal transportation is the transportation of passengers and cargo by carriers of the state of one Party between two points located on the territory of the state of the other Party.

Article 3

1. Coastal transportation is prohibited.

2. Trailers and semi-trailers may have registration numbers and distinctive signs of other States if trucks, tractors and buses have registration numbers and distinctive signs of the States of the Parties.

Article 4

1. If the dimensions, weight or axle load of a motor vehicle (with or without cargo) of the carrier of the State of one Party exceed the standards established by the legislation of the State of the other Party through whose territory transportation is carried out, the carrier must first obtain a special permit issued by the relevant competent authority of the State of that Party.

2. Transportation of dangerous goods on the territory of the States of the Parties is carried out in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road dated September 30, 1957.

3. If the carriage of dangerous goods in accordance with the Agreements specified in paragraph 2 of this Article or the legislation of the States of the Parties requires a special permit, the carrier of the State of one Party must obtain it from the relevant competent authority of the State of the other Party before the start of the carriage.

4. If the special permit specified in paragraphs 1 and 3 of this Article, according to the legislation of the State of the other Party, provides for the movement of a motor vehicle along a certain route, transportation must be carried out along this route.

Article 5

1. Carriers and crews of vehicles of the States of the Parties must comply with the legislation, as well as the rules of the road of the State through whose territory the transportation is carried out.

2. The permit and other documents required in accordance with this Agreement must be in the possession of the driver of the vehicle and presented at the request of the competent authorities.

3. Transportation of passengers or goods on the basis of this Agreement is carried out subject to compulsory liability insurance of vehicle owners for damage caused to third parties. Such insurance must be carried out before the start of transportation.

Article 6

1. In the event of a violation of the provisions of this Agreement by a carrier of the State of one Party in the territory of the State of the other Party, the competent authority of the State of that Party shall inform the competent authority of the State of the Party in whose territory the carrier is registered of the violation. The competent authorities of the State of the Party in whose territory the vehicle is registered, at the request of the other Party, apply one of the following measures::

1) a written comment;

2) a written warning that in the event of a repeat of the violation, the transportation permit previously granted to him will be revoked or a measure prohibiting transportation specified in paragraph 1 of Article 1 of this Agreement will be applied to him.;

3) cancellation of a permit previously issued to the carrier for a period of up to 12 months;

4) termination of the issuance of new permits for transportation within the territory of the State of the other Party;

5) the prohibition specified in subparagraph 2) of this Article, lasting from 3 to 12 months.

2. The provisions of this article do not exclude the application of sanctions against the carrier and the crew of a motor vehicle provided for by the legislation of the State in whose territory the violation was committed.

3. The competent authorities of the States of the Parties shall inform each other of the measures taken against the carrier who committed the violation.

Article 7

1. Carriers of the States of the Parties, when transporting passengers or goods on the basis of this Agreement, are exempt on the basis of reciprocity from paying fees and charges related to the ownership or use of motor vehicles, as well as the use and maintenance of highways of the State of the other Party.

2. This exemption does not apply to payments for the use of toll roads, motorways, bridges and tunnels, if such payments are subject to collection on a non-discriminatory basis from carriers of the State of both Parties.

3. The competent authorities of the States of the Parties shall inform each other about the list of highways on which tolls or charges are levied for the use of toll roads, motorways, bridges and tunnels.

4. When carrying out transportation on the basis of this Agreement, vehicles imported into the territory of the State of the other Party carrying out regular international transportation of goods, baggage and passengers, as well as logistical supplies, equipment, fuel, food and other property necessary for their normal operation, while en route, at intermediate stop points or purchased abroad in connection with the elimination of an accident (breakdown) of these vehicles, are subject to exemption from payment of import customs duties and customs duties in accordance with the customs legislation of the Parties.

II. Passenger transportation

Article 8

1. Regular passenger transportation is carried out by agreement between the competent authorities of the States of the Parties.

2. Regular passenger transportation between the States of the Parties or regular passenger transit transportation shall be carried out on the basis of a permit issued by the competent authorities of the States of the Parties for a section of the route that passes through the territory of their state. The permit is valid for up to 5 years.

3. The competent authorities of the States of the Parties shall exchange proposals on the establishment of regular passenger transportation, which should include:

1) name of the carrier;

2) the route to follow;

3) timetable and fares;

4) the planned period and the regularity of transportation;

5) stopping points where the carrier embarks and disembarks passengers, as well as crossing points of state borders;

6) a cooperation agreement, in case the service is provided by several carriers.

Article 9

1. To carry out irregular passenger transportation between the States of the Parties, with the exception of transportation specified in Article 10 of this Agreement, a permit issued by the competent authorities of the States of the Parties is required. Each permit is valid for one carriage in the forward and reverse directions, unless otherwise provided in the permit itself.

2. The competent authorities of the States of the Parties annually exchange a mutually agreed number of permit forms for irregular passenger transportation. The forms must have the signature of the responsible person and the seal of the competent authority that issued the permit. Permits issued during the year are valid until January 31 of the following year inclusive.

Article 10

1. The permit specified in Article 9 of this Agreement is not required for the implementation of irregular passenger transportation in the following cases::

1) if the same group of passengers is transported on the same bus throughout the trip and if at the same time:

- the trip begins and ends in the territory of the State of the Party where the bus is registered;

- the trip begins on the territory of the State of the Party where the bus is registered and ends on the territory of the State of the other Party, provided that the bus leaves the territory of the State of the other Party empty;

- the bus enters the territory of the other Party's state empty in order to pick up a group of passengers previously delivered by this carrier;

2) when carrying out irregular transit transportation of passengers;

3) when replacing a faulty bus with another bus.

2. When carrying out the transportation provided for in subparagraphs 1) and 2) of paragraph 1 of this Article, the bus driver must have a document containing a list of passengers drawn up in a special form agreed upon by the competent authorities of the States of the Parties.

III. Cargo transportation

Article 11

1. Cargo transportation between the States of the Parties or transit through their territories is carried out without permits.

Cargo transportation to/from third (their) States is carried out on the basis of permits to/from third (their) States.

2. In case of exceeding the weight and/or dimensional restrictions related to the axle load, the maximum permissible total weight or dimensions provided for by the national legislation of the receiving State, the carrier must have a special permit issued by the relevant competent authority of the State of that Party.

Article 12

The authorizations referred to in Article 11 of this Agreement are not required for:

1) transportation of damaged motor vehicles or technical assistance vehicles used for transportation of technical assistance vehicles;

2) transportation of bodies or ashes of the deceased;

3) transportation of movable property during resettlement;

4) transportation of mail items;

5) transportation for non-commercial purposes of works of art or objects intended for exhibitions or fairs;

6) transportation for non-commercial purposes of property, props and animals for theatrical, musical, sports or circus performances, fairs or holidays, film screenings, as well as recording of radio broadcasts or filming of films and TV shows;

7) an empty mileage intended to replace a disabled cargo vehicle in another state, as well as a mileage in the opposite direction after repairing a defective vehicle;

8) transportation of medical supplies to provide assistance in emergency cases, in particular, in case of natural disasters and humanitarian disasters;

9) cargo transportation performed by a motor vehicle, the maximum permissible weight of which, including the trailer, does not exceed 6 tons or the load capacity of which, including the trailer, does not exceed 3.5 tons;

10) the passage of empty newly purchased vehicles to the final destination.

IV. Final provisions

Article 13

1. The provisions of international treaties to which the States of the Parties are parties apply to border, customs, sanitary-quarantine and phytosanitary inspection control. Issues not regulated by these agreements are resolved in accordance with the legislation of the State in whose territory the control is carried out.

2. During regular transportation of passengers by bus, as well as transportation of seriously ill people, perishable goods and animals, border, customs, sanitary, quarantine and phytosanitary control is carried out as a matter of priority.

Article 14

Issues not regulated by this Agreement, as well as international treaties to which the States of both Parties are parties, will be resolved in accordance with the national legislation of the State of each of the Parties through mutual consultations and negotiations.

Article 15

1. In order to comply with the provisions of this Agreement and discuss related issues, the Parties shall establish a joint commission consisting of representatives of competent authorities and, if necessary, other government agencies, associations of road carriers of the States of the Parties.

2. Meetings of the joint commission are held as necessary, alternately in the territories of the States of the Parties.

Article 16

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by separate protocols that are integral parts of this Agreement and enter into force in accordance with the provisions of paragraph 1 of Article 17 of this Agreement.

Article 17

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

2. 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 Parties through diplomatic channels of a written notification by the other Party of its intention to terminate it.

Done in Astana on August 28, 2015, in two original copies, each in the Kazakh, Serbian and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation of this Agreement, the text in Russian will prevail.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Serbia

RCPI's note! The text of the Agreement in Serbian is attached.

President

Republic of Kazakhstan

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