of March 26, 2015 No. 349
About approval of Rules of transportations of passengers and baggage by road transport, except for cities of republican value, capital
According to subitem 23-8) of article 13 of the Law of the Republic of Kazakhstan "About road transport", I ORDER:
1. Approve the enclosed Rules of transportations of passengers and baggage by road transport, except for the cities of republican value, the capital.
2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:
1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan to direct it to the copy to official publication in periodic printing editions and information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.
3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.
4. This order becomes effective after twenty one calendar days after day of its first official publication.
The acting minister on investments and development of the Republic of Kazakhstan
Zh. Kasymbek
|
It is approved Minister of health and social development of the Republic of Kazakhstan May 19, 2015 |
___________ T. Duysenova |
|
It is approved Minister of Finance of the Republic of Kazakhstan May 27, 2015 |
____________ B. Sultanov |
|
It is approved Minister of national economy of the Republic of Kazakhstan May 29, 2015 |
__________________ E.Dosayev |
|
It is approved Minister of Internal Affairs of the Republic of Kazakhstan April 21, 2015 |
________________ K. Kasymov |
Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of March 26, 2015 No. 349
1. These rules of transportations of passengers and baggage by road transport, except for the cities of republican value, the capital (further - Rules) are developed according to subitem 23-8) of article 13 of the Law of the Republic of Kazakhstan "About road transport" and determine procedure for transportations of passengers and baggage by road transport, except for the cities of republican value, the capital.
2. Rules act on the territory of the Republic of Kazakhstan and are obligatory for all physical persons and legal entities irrespective of patterns of ownership, except for the cities of republican value, the capital.
3. The basic concepts used in these rules:
1) automobile carrier (further - carrier) - the physical person or legal entity owning vehicles, except for automobile, on the property right or on other legal causes, performing business activity on transportation of passengers, baggage, loads and mailings;
1-1) automated systems - the medical complex certified according to requirements of the order of the Minister of Health of the Republic of Kazakhstan of February 9, 2021 No. KR DSM-16 "About approval of rules of state registration, re-registration of medicine or medical product, modification of the registration file of medicine or medical product" (it is registered in the Register of state registration of regulatory legal acts at No. 22175) and included in the Register of the confidential software and products of the electronic industry including tonometer, pulsator, the breathalyzer and allowing to automate process of measurement of arterial pressure, heart rate (pulse), temperature, and also check on condition of alcoholic and drug intoxication, provided by the relevant organization performing activities for performing pretrip and posttrip medical examination of drivers;
2) information and dispatching taxi service - the service created by the carrier or the other person who is the individual entrepreneur or the legal entity of the Republic of Kazakhstan for processing of customer orders and their transfer on execution to carrier of taxi including using the hardware and software, Internet platforms and (or) mobile application of the order of taxi;
3) the luggage receipt - the document confirming the conclusion of the agreement of motor transportation of baggage, and also acceptance of baggage by carrier on storage or for transportation;
4) the luggage car - the cargo vehicle for luggage transport (loads) of passengers on routes of regular motor transportations of passengers and baggage;
5) the logbook - the numbered and strung together magazine, under seal carrier, being on the vehicle when implementing irregular transportations of passengers and baggage in which marks about passing of pretrip technical inspection of the vehicle and pretrip and posttrip medical examination of the driver, in form, according to appendix 1 to these rules are put down;
6) dispatching system - the system allowing to obtain continuously information in real time on movement of the vehicles transporting passengers and baggage;
7) the operator of dispatching system - the physical persons or legal entities providing the organization and functioning of dispatching system;
7-1) operator of electronic payment system of journey – the individual entrepreneur or the legal entity providing the organization and functioning of electronic payment system of journey;
8) Item of landing and disembarkation of passengers (stopping point) - the site of roadside strip equipped according to requirements of these rules intended for stop of vehicles for the purpose of landing and disembarkation of passengers;
9) the travel document (ticket) - the document in paper or electronic form by which execution the transportation agreement of the passenger is signed;
9-1) invataks – the taxi intended for rendering services in transportation of persons with disability;
10) single system of management of transport documents - the information system providing registration, accounting, processing and document storage, connected with transportation activities in the field of road transport, and transfer of the formalized information on such documents to the relevant authorized state bodies and participants of transportation process;
11) dangerous sites - sections of highways, driving through which is integrated to the increased risk of involvement in the road accident or is connected with essential changes of the mode of movement;
12) the schedule of movement - the document (the table, graphical display) containing data on the place and time of movement of buses, minibuses, trolleybuses on each stopping point of route of regular motor transportations of passengers and baggage;
13) manual sink - wash of vehicles by manual method with use of high-pressure apparatuses of water supply, water supply systems and (or) waters from reservoirs;
14) route - the established transit of the bus, the minibus, the trolleybus between certain starting, intermediate and terminal stopping points;
15) the scheme of route - the graphical conditional representation of route with indication of stopping points, distances between them, and also characteristic reference points (road forks, intersections, railway crossings, bridges and tunnels);
16) the mechanized sink - the automatic wash of vehicles consisting of the moved mechanisms of arch type equipped with the devices for washing structure and water supply rotating and (or) the moving brushes, and also the device of obduv;
17) flight – way of the vehicle from starting point of departure to final destination;
17-1) internal format of pretrip and posttrip medical examination - performing pretrip and posttrip medical examination of drivers by directly health worker and (or) the medical organization;
17-2) online format of pretrip and posttrip medical examination - performing pretrip and posttrip medical examination of drivers by means of the automated systems meeting the requirements of these rules without direct participation of health workers and (or) the medical organization;
18) the equipment of satellite navigation - the hardware-software device established on the vehicle for determination of its current location, the direction and speed of movement on signals of the global navigation satellite systems, data exchange with the additional onboard equipment and also for exchange of information on networks of mobile radiotelephone communication;
19) transportation of taxi - service in transportation of passengers and baggage for a fee or on hiring, rendered by the individual entrepreneur or the legal entity owning the car on the property right or on other legal causes;
20) carrier of taxi - the physical person performing activities for rendering services or performance of works with use of Internet platforms and (or) mobile applications of platform employment, the individual entrepreneur or the legal entity rendering services in transportation of passengers and baggage of taxi;
21) mobile application of the order of taxi - the mobile application of platform employment providing access to the order of taxi and lease of the vehicle with crew by means of services of cellular communication or the Internet;
22) taximeter - the device intended for calculation of the cost (price) of transportation of passengers and baggage of taxi;
23) technical stop - the stop of buses and minibuses which is not providing disembarkation from route and landing to route of passengers;
24) the third party - person, except for carrier the signed agreement of the organization of regular motor transportations of passengers and baggage, and in case of regular international motor transportations of passengers and baggage, except person who got permission to servicing of route.
4. On nature of the organization motor transportations of passengers and baggage are subdivided on regular, irregular and transportations of taxi.
4-1. On administrative-territorial sign intra republican transportations of passengers and baggage are subdivided on:
1) city (rural) - transportations within the established settlement borders;
2) suburban - transportations along the routes connecting the settlement to residential suburb up to fifty kilometers long, the established settlement borders measured from;
3) raionwide - transportations between settlements within one area;
4) interdistrict (long-distance intraregional) - the transportations within one area performed between the settlements which are in different areas or the connecting settlements with the cities of regional value;
5) long-distance interregional - the transportations performed between the settlements which are in different areas or the connecting settlements with the cities of republican value, the capital.
5. Regular motor transportations of passengers and baggage – the transportations performed by carriers with use of buses, minibuses, trolleybuses on in advance approved routes, schedules of movement with the established starting and terminal points, Items of landing and disembarkation of passengers.
Under the organization of regular motor transportations of passengers and baggage vehicles (buses, minibuses or trolleybuses) which will be used for implementation of transportations are determined in advance.
6. When implementing motor transportations of passengers and baggage the carrier draws up the route sheet on paper or in the form of the electronic and digital document in form, according to appendix 2 to these rules.
In case of execution of the route sheet on paper the carrier provides its registration in the Single system of management of transport documents.
7. Irregular transportation of passengers by buses, minibuses, and also regular transportation of passengers by buses, minibuses in the international message are performed by the buses, minibuses specified in appendix to the license, the issued licensor.
In case of change of unit of railway vehicles of buses, minibuses by which it is transported passengers specified in part one of this Item, appendix to the license is subject to renewal.
Renewal of the license and (or) appendix to the license is performed according to Items 3 - the 8th article 33 of the Law of the Republic of Kazakhstan "About permissions and notifications".
8. Irregular transportations it is performed by non-repeat orders (requests) of physical persons and legal entities. Treat such transportations: tourist, excursion, on servicing of activities.
One-time transportations can be performed on contractual basis during the certain period.
8-1. No. 58 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 30.01.2023
8-2. It is excluded according to the Order of the deputy. The Minister of Transport of the Republic of Kazakhstan of 15.05.2024 No. 166
8-3. The common carrier is supplied with devices for landing and disembarkation of passengers with disability.
The requirement of this Item is applied according to Item 3 of article 43 of the Law of the Republic of Kazakhstan "About legal acts".
8-4. The vehicles acquired for implementation of regular city transportations of passengers and baggage in the cities of republican and regional value, the capital are adapted by manufacturing plant for transportation of handicapped national groups.
8-5. Forced disembarkation from public transport of person which did not reach the sixteen-year age following without the parent and (or) his legal representative is not allowed.
9. As initiators of opening of routes of regular motor transportations of passengers and baggage authorized body in the field of road transport, local executive bodies, physical persons and legal entities can act.
10. On opening of routes of regular motor transportations of passengers and baggage the initiator develops the scheme of route and the schedule of movement for the solution of questions on it and sends them to organizers of transportations:
along routes of regular international - in authorized body in the field of road transport;
along routes regular long-distance interregional, interdistrict (long-distance intraregional) and in the cities of republican value, the capital - city and suburban motor transportations of passengers and baggage - in local executive bodies of area, the cities of republican value, the capital;
along routes of regular city (rural), suburban and raionwide motor transportations of passengers and baggage - in local executive bodies of areas, cities of republican value.
The schedule of movement of buses on regular city (rural), suburban and raionwide, interdistrict, long-distance interregional motor transportations of passengers and baggage is created according to appendix 2-1 to these rules.
11. No. 58 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 30.01.2023
12. When forming route network of regular transportations of passengers and baggage by road transport local executive bodies are guided by communication priority between settlements, villages with the district centers, and between the district centers with the regional center and other nearby cities of regional value.
13. The created route network (except the international, city and suburban routes) corresponds to the following conditions:
The planned interval of movement between buses of duplicative routes constitutes 1) on time:
more than 1 hour at the extent of duplication up to 150 km;
more than 2 hours at the extent of duplication up to 350 km;
more than 3 hours at the extent of duplication up to 500 km;
more than 4 hours at the extent of duplication over 500 km;
2) in case of average use of capacity of buses on sites of duplication more than seventy five percent the difference on time is reduced:
up to 10 minutes on duplication extent to 150 km;
up to 15 minutes on duplication extent to 350 km;
up to 20 minutes on duplication extent over 350 km.
14. On routes of regular transportations of passengers and baggage (except the international messages) in case of annual average fillability of buses throughout all route more than seventy five percent the organizer of transportations according to the appeal of carriers or passengers makes the decision on introduction of additional schedules of movement. Additional schedules of movement of transportations of passengers and baggage affirm competent authorities according to Item 4) of Article 13 and to the subitem 2) of Item 2 of article 14 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport".
Transportation of passengers and baggage according to the additional schedule of movement is performed by carrier, servicing this route.
In cases of refusal of carrier of servicing of additional schedules of movement or servicing of route by two and more carriers (on the one hand), local executive bodies distribute this schedule of movement on competitive basis on the duration of the agreement on servicing of this route.
15. On regular long-distance interregional routes up to 300 km long authorized body in the field of road transport in coordination with local executive bodies of the respective areas, the cities of republican value, the capital affirm schedules of movement with indication of the regular period of implementation of transportations of passengers and baggage on free movement of buses, minibuses. Transportation of passengers and baggage on free movement of buses, minibuses is performed by carrier, servicing this route.
16. When opening new intra republican routes approval is performed according to the following hierarchy:
long-distance interregional;
interdistrict (long-distance intraregional);
suburban and raionwide.
16-1. In case of simultaneous application for opening of new international routes by two and more carriers: with the schedule in difference of movement of buses on initial and to intermediate points up to 250 km long constitutes less than 15 minutes and more than 250 km make less than 1 hour, the priority is given to carrier which has the greatest work experience on this type of messages.
17. Regular intra republican motor transportations of passengers and baggage it is performed on the basis of certificates on the right of servicing of routes of regular intra republican motor transportations of passengers and baggage (further - the Certificate), in form according to appendix 3 to these rules.
18. Local executive bodies when opening new city, suburban, raionwide and interdistrict (long-distance intraregional) routes for studying of amount of transportations determine the carrier servicing on the corresponding type of regular route which services this route two months.
Following the results of studying within 10 calendar days the decision on opening or not opening of route is made.
In case of opening work about carrying out the corresponding tender on the right of servicing of this route in terms, according to Item 154 of these rules is conducted.
19. Routes of regular motor transportations of passengers and baggage in international and long-distance interregional messages are closed according to the written appeal of the carrier given to the organizer of route not later than the 2nd month before date of the expected termination of transportations.
Routes regular city (rural), suburban, raionwide, interdistrict (long-distance intraregional) motor transportations of passengers and baggage are closed by organizers of routes in the absence of the need of the population for trips on them.
20. In case of approval of area of schedules of movements by local executive bodies along routes regular interdistrict (long-distance intraregional) and suburban motor transportations of passengers and baggage, data on route join in the corresponding register, according to Item 21 of these rules.
21. For the purpose of planning of the organization and accounting of routes maintaining the register is performed:
1) Authorized body in the field of road transport - routes of regular international and long-distance interregional motor transportations of passengers and baggage;
2) local executive bodies of areas, cities of republican value, the capital - routes regular interdistrict (long-distance intraregional), in the cities of republican value, the capital - city and suburban motor transportations of passengers and baggage;
3) local executive bodies of areas, cities of regional value - routes of regular city (rural), suburban and raionwide motor transportations of passengers and baggage.
22. Registers contain the following main characteristics of routes:
1) for international routes:
the name of route with indication of messages and departure time in the direct and return directions;
the name of intermediate points with indication of time in direct the directions on the territories of the Republic of Kazakhstan and in the return of the directions on the territories of foreign state;
information about carrier (the name, the address, surname, name, middle name (in case of its availability), phone of the head or person responsible for the organization of transportations);
dates of issue and completion date of the issued allowing documents;
period of servicing of route (year-round, seasonal);
data on railway vehicles with indication of the state registration numbers, brands and years of release, and also separation into the main and reserve;
2) for intra republican routes:
number (city (rural) and suburban) and the name of route with indication of departure time from initial and final Items;
quantity and names of intermediate points on route in the direct and return directions;
route extent in the direct and return directions;
period of servicing of route: year-round, additional (acting in certain days and the periods of days (days off, holidays or in hours "peak" for city routes), seasonal (during the country period, for the period of functioning of rest areas, the period of the raised passenger traffic);
class of buses, minibuses and passport capacity of buses on route in places for sitting of passengers and general (taking into account the capacity of accumulative platforms, except long-distance interregional);
information about carrier (the name, the address, surname, name, middle name (in case of its availability), phone of the head and person responsible for the organization of transportations) and the period of action of the allowing documents issued to it.
23. Regular city (rural) and suburban motor transportations of passengers and baggage are performed on the route network approved by local executive bodies which is created based on the approved complex scheme of development of passenger transport and the analysis of passenger traffics, according to proposals of citizens, the organizations.
24. Determination of use on route of regular city (rural) motor transportations of passengers and baggage of minibuses, is proved by low passenger traffic, at the same time the extent of routes with use of minibuses shall not exceed thirty percent of general extent of route network of regular city (rural) motor transportations of passengers and baggage.
25. Routes of regular city (rural) and suburban motor transportations of passengers and baggage are serviced in one of the following modes:
1) by the regular, performed city buses having at least two passenger doors, minibuses, and also intercity buses on routes of regular suburban motor transportations with stops on all stopping points specified on the scheme of route between which distance shall make from 400 to 800 meters within the city;
2) express (only for city transportations), performed by the city buses having at least two passenger doors with stops on all stopping points specified on the scheme of route between which distance makes from 1,5 to km 3,0.
26. According to specifics of servicing of the population regular city (rural) and suburban motor transportations of passengers and baggage have the following character:
1) permanent, acting during all established period of days and all days of the week;
2) additional, acting in certain days or the periods of days (days off, holidays or hours "peak");
3) seasonal, acting during predefined period (during the country period, for the period of functioning of rest areas, sports complexes);
4) temporary, acting quickly (in case of the unexpected situations on road net interfering servicing in the regular mode).
26-1. The dispatching service performs the following functions:
1) tracking behind observance of the schedule and operational regulation for ensuring uninterrupted and regular movement of buses, minibuses and trolleybuses along routes;
2) providing in proper sanitary condition of buses, minibuses and trolleybuses;
3) instructing of drivers about the features of movement on route including connected with weather and climatic or other conditions on the road;
4) tracking of passing by drivers pretrip (prereplaceable) and posttrip (postreplaceable) medical examination and technical inspection of buses, minibuses, trolleybuses;
5) tracking behind availability at drivers of allowing documents for implementation of transportations of passengers along specific route.
26-2. In cases of variation of movement of buses, minibuses, trolleybuses from the schedule operational regulation of their movement is performed. Operational regulation includes the following actions:
1) in case of delay of the bus, the minibus and the trolleybus:
time of the parking of the late bus, the minibus, the trolleybus no more, than is reduced by one third of time of the parking according to the schedule (the parking is not reduced to five minutes). Warning of reducing time of the parking of passengers of the bus, minibus, trolleybus;
increase in speed of movement, but no more than the speed established by traffic regulations and the corresponding route signs along route in cases if delay of the bus, the minibus, the trolleybus constitutes less than ten - fifteen percent from the movement duration established by the schedule on this route. At the same time increase in speed shall not reduce traffic safety and is not allowed on routes, in the movement complication cases along route connected with weather and climatic or other conditions on the road;
2) in case of schedule advancing the bus, the minibus, the trolleybus is late before the departure time specified in the schedule;
3) in case of failure of flight to provide replacement of the bus, the minibus, the trolleybus with the reserve bus, the minibus, trolleybus of carrier.
26-3. The dispatching service does not send to flight the buses, minibuses, trolleybuses which did not have pretrip (prereplaceable) technical inspection, and also the drivers who did not undergo pretrip and posttrip medical examination or which do not observe the work-rest schedule set by the Rules of labor organization and rest of drivers, and also use of tachographs approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of December 31, 2015 No. 1288 (it is registered in the Register of state registration of regulatory legal acts at No. 14095) (further – Rules of labor organization and rest of drivers).
26-4. The dispatching service interacts with local services of rapid response (Committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (further – the CAP), bodies of emergency situations, ambulance, municipal services) for informing drivers of buses, minibuses, trolleybuses on the arisen situations on roads for the purpose of rapid response and ensuring free work of the bus, the minibus, the trolleybus on route.
27. No. 760 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 30.12.2022
28. No. 58 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 30.01.2023
29. No. 58 is excluded according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of 30.01.2023
30. In the presence on route of regular city (rural) motor transportations of passengers and baggage of stopping points "on demand" passengers should inform beforehand the driver (conductor) on need of stop on the specified stopping point. When finding passengers on such stopping point the driver does stop for their landing.
31. Driving of passengers through routes of regular city (rural) and suburban motor transportations of passengers and baggage excludes:
1) entrance and exit from the bus, the minibus to its complete stop or during movement;
2) preventing to opening and closing of doors of the bus;
3) derivation of the driver talk during movement of the vehicle;
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Action of the subitem 10) of Item 3, of Item part two 6, of the subitem 13) of Item 379, of part one of Item 1 and Item 2 of Appendix of 2 Rules of transportations of passengers and baggage by road transport of part 1 of Item 1 of notes is suspended till June 1, 2026 according to the Order of the Minister of Transport of the Republic of Kazakhstan of 05.06.2025 No. 185