On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on International Road Transport

Law of the Republic of Kazakhstan dated July 21, 2007 No. 291

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on International Road Transport, signed in London on November 22, 2006.

     President of the Republic of Kazakhstan

 Agreement between the Government of the Republic of Kazakhstan and By the Government of the United Kingdom of Great Britain and Northern Ireland for International Road Transport

     The Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the Parties, wishing to regulate and develop international road transport of passengers and cargo, have agreed as follows:

 Scope and definitions

 Article 1 Scope of application

     1. This Agreement regulates, in accordance with the national laws of the States of the Parties, international road transportation of passengers and goods between the Republic of Kazakhstan and the United Kingdom of Great Britain and Northern Ireland.

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

 Article 2 Definitions

     1. The term "carrier" means any natural or legal person registered in the territory of a State of one of the Parties and authorized in that State, according to national legislation, to carry out international transportation of passengers and cargo for hire or for remuneration, or at their own expense.

     2. The term "passenger motor vehicle" means any motor vehicle with a mechanical drive, which by its design and design is suitable and intended for the automobile transportation of passengers and which has more than nine seats, including the driver's seat.

     3. The term "cargo motor vehicle" means any motor vehicle with a mechanical drive, which by its design and design is suitable and intended for the carriage of goods by road.

     4. The term "territory": in relation to the Republic of Kazakhstan - the territory of the Republic of Kazakhstan, in relation to the United Kingdom of Great Britain and Northern Ireland - England, Wales, Scotland and Northern Ireland.

     5. In order to comply with the provisions of this Agreement, the competent authorities are:       from the Government of the Republic of Kazakhstan - the Ministry of Transport and Communications; from the Government of the United Kingdom of Great Britain and Northern Ireland - for England, Wales and Scotland - the Department of Transport; for Northern Ireland - the Department of the Environment in Northern Ireland.

 Passenger transportation

 Article 3 Permits and exemptions

     1. Permission to carry out regular transportation in passenger vehicles is issued by mutual agreement of the competent authorities of the States of the Parties. The competent authorities of each Party shall issue a permit for the section of the route that passes through the territory of its State. The permit is issued for one calendar year.

     2. Any changes to the established route in accordance with a pre-determined and published timetable, fares and conditions of carriage, including pre-determined stopping points where passengers can be taken on board and disembarked from a passenger vehicle, may be made by agreement between the competent authorities of the States of the Parties.

     3. The permits provided for in paragraph 1 of this article are not required for:       a) "closed door transportation": that is, transportation when the same vehicle is used to transport a group of passengers of the same composition throughout the trip and to deliver them to the point of departure; b) "empty return transportation": transportation of a group of passengers to the territory of the other Party's State for temporary stay by a motor vehicle leaving this territory empty or under the conditions of transportation provided for in subparagraph (c) of this paragraph;       (c) "Carriage with empty entry": that is, carriage in which a passenger vehicle is used to enter the territory of the State of the other Party empty or under the conditions of carriage provided for in subparagraph (b) of this paragraph and transports a group of passengers to the territory where the carrier is admitted, each of whom: previously transported to the territory of the State of the other Party by this carrier; prior to such transportation, a contract has been concluded for both trips in the territory of the State of the Party where the carrier is admitted;       d) transit through the territory of the State of the other Party of an empty passenger vehicle during a trip to or from a third country; e) replacement of a passenger vehicle that has failed with a serviceable passenger vehicle.

 Cargo transportation

 Article 4 Permits

     1. Permits are issued to carriers of each of the States of the Parties by the competent authorities of the States of the Parties to carry goods between the States of the Parties, on their territory or in transit through their territory, as well as for transportation to any point in the territory of a third country by motor vehicles with/without trailers or tractors with semi-trailers.

     2. The permit is used only by the carrier to which it was issued, and it cannot be transferred to third parties.

     3. The form or forms of permits and any other administrative procedure issues related to the application of the permit system shall be agreed upon by the Joint Commission provided for in the provisions of Article 12 of this Agreement.

     4. The competent authorities of the State of one Party, upon request, shall send to the other an appropriate number of permit forms for the carriage of goods. The permit forms must be stamped and signed by the competent authorities that issued them.

     5. The competent authorities may agree on mutual exemption from permits or quotas in accordance with the provisions of Article 5 of this Agreement.

 Article 5 Exemption from permits

     1. The permit referred to in Article 4 of this Agreement is not required for transportation:       a) items or materials intended solely for advertising, education, fairs and exhibitions; b) equipment and accessories for theatrical, musical, cinematographic, sports or religious events or for recording radio broadcasts, filming films or television films; c) animals for circus or sporting events; d) transportation of damaged or abandoned failure of motor vehicles; e) corpses, urns with ashes of the deceased;       (f) Transportation of goods by motor vehicles, the total permissible weight of which, including the total permissible weight of the trailer, does not exceed six tons or the permissible payload of which, including the payload of the trailer, does not exceed three and a half tons; (g) medicines, medical equipment and equipment, as well as other items intended for emergency assistance (especially in the case of natural disasters); h) postal items; i) humanitarian supplies.

     2. The exemptions from permits provided for in subparagraphs (a), (b) and (c) of paragraph 1 of this article are valid only in the case of the re-export of the items specified therein or their subsequent transportation to a third country.

     3. A permit is not required for the delivery of new vehicles from the manufacturer if they are intended to operate in one of the States of the Parties.

     4. The Joint Commission may initiate an exemption from the permit system for other types of transportation.

 Article 6 Special permits

     1. Cargo transportation by motor vehicle, where the maximum permissible weight, axle load or dimensions exceed the restrictions specified in the registration documents or applicable in the host country, may be carried out subject to a special permit issued in advance by the competent authority of the Party.

     2. In the case of transportation of dangerous goods through the territory of one State of the Party by a motor vehicle registered in the territory of the State of the other Party, a special permit issued by the competent authorities of the Party where the transportation is carried out may be required.

 General provisions

 Article 7 Taxation

     1. Cargo vehicles and passenger vehicles that are registered in the territory of the State of one Party and temporarily enter the territory of the State of the other Party shall be exempt from taxes and fees levied for the use of roads or ownership of a motor vehicle, as well as from taxes and fees imposed on transport services provided in the territory of the State of the other Party.

     2. The exemption referred to in paragraph 1 of this Article shall be granted in the territory of each of the States of the Parties, provided that the provisions of national legislation regarding the temporary duty-free import of such vehicles into the territory without payment of import duties and taxes are fulfilled in that territory.

     3. The exemption referred to in paragraph 1 of this article does not apply to taxes and charges included in the price of fuel or to duties and charges for the use of certain bridges, tunnels, ferries, roads, road sections or road classes.

4. Upon entry into the territory of one of the States of the Parties, the following persons are exempt from paying fees and duties for customs formalities and taxes levied for entry::       1) fuel located in the main or standard fuel tank of a motor vehicle, technically and structurally connected to the fuel system of the engine; 2) fuel, lubricants and liquid on board the vehicle in sufficient quantities for normal operation and maintenance during transportation;       3) spare parts and tools intended for the maintenance of vehicles used under this Agreement in the event of a breakdown. Unused spare parts are exported back, and replaced spare parts are exported back or destroyed or received in accordance with the rules established in the territory of the State of the relevant Party.

 Article 8 Exclusion of cabotage

     "Cabotage", the transportation of passengers and cargo carried out by a carrier of the State of one Party between two points on the territory of the State of the other Party, is prohibited.

 Article 9 Compliance with national legislation

     1. Drivers and crews of motor vehicles carrying passengers and cargo in accordance with this Agreement, while on the territory of the State of the other Party, must comply with the national legislation in force in that territory, which concerns motor transport and road traffic.

     2. None of the States of the Parties should impose more restrictive requirements on passenger and cargo vehicles of the State of the other Party than those applied by national legislation to their own vehicles.

 Article 10 Violations

     1. In the event of any violation of the provisions of this Agreement by motor vehicles or drivers of the State of one of the Parties located in the territory of the State of the other Party, the competent authorities of the States of the Parties in whose territory the violation was committed may, while reserving the right to any legal sanctions that the courts or law enforcement agencies of the State of this Party may apply, require the competent authorities of the State On the other hand, take the following actions:       a) give a warning to the offending carrier;       (b) Issue such a warning with notification that a repeated violation will result in the temporary, partial or permanent disqualification of a vehicle owned or operated by that carrier to carry out transportation in the territory of the State of the Party where the violation occurred; or (c) notify of such disqualification.

     2. The competent authorities shall inform each other as soon as possible of any action taken in accordance with the provisions of paragraph 1 of this article.

 Article 11 Presentation of documents

     Permits and other documents required in accordance with the provisions of this Agreement are on board passenger or cargo vehicles to which they relate and are presented at the request of any person authorized in the territory of any of the States of the Parties to require them.

 Final provisions

 Article 12 Joint Commission

     A joint commission is established by the competent authorities of the States of the Parties to monitor the implementation of this Agreement and to resolve issues arising during its implementation.

 Article 13 Amendments and additions

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement.

 Article 14 Entry into force, duration and termination of this Agreement

     1. This Agreement shall be concluded for an indefinite period and shall enter into force on the thirtieth day after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

     2. This Agreement shall remain in force until the expiration of six months from the date on which one of the Parties notifies the other Party in writing of its intention to terminate this Agreement.       In witness whereof, the undersigned, duly authorized thereto by their respective Parties, have signed this Agreement.

     Done in London on November 22, 2006, in two originals, each in the Kazakh, English and Russian languages, all texts being equally authentic.       In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

     For the Government For the Government of the United Republic of Kazakhstan                The United Kingdom of Great Britain and                                               Northern Ireland

     RCPI note: The following is the text of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on International Road Transport in English.

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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