CODE OF THE ROAD TRANSPORT OF THE REPUBLIC OF TAJIKISTAN

of April 2, 2020 No. 1689

Accepted by the Resolution MH MOPT of February 12, 2020, No. 1594

Approved by the Resolution MM MORT of March 19, 2020, No. 757

This Code governs the relations and procedure of activities in the field of road transport.

Chapter 1. Basic provisions

Article 1. Scope of this Code

1. This Code governs the relations connected with transportation of goods, passengers, baggage, is transport - expeditionary activities, arising between subjects, irrespective of patterns of ownership, for the purpose of creation of conditions for effective functioning of system of road transport on the basis of modern mechanisms and development assistance of services and effective development of economy.

2. Action of this Code does not extend to the relations arising when implementing activities with use of vehicles for the benefit of defense and safety of the state, and also activities by the physical persons using the vehicles for satisfaction personal, family or other which are not connected with business activity, needs.

3. The relations connected with implementation of activities in the field of road transport, not provided by this Code are regulated by other regulatory legal acts of the Republic of Tajikistan.

Article 2. Basic concepts

In this Code the following basic concepts are used:

- the bus - the vehicle intended for transportation of passengers and baggage, having more than eight places for sitting excepting driver's seat;

- baggage - the property of the passenger packed and transported in the luggage compartment of the vehicle or in separate motor transport means;

- load - the material object accepted for shipment in accordance with the established procedure;

- hand luggage - the property of the passenger allowed according to the characteristics established by carrier to transportation in interior of the vehicle under responsibility of the passenger;

- perishable load - load which safety in transit is provided with the vehicle by means of observance of certain temperature conditions and sanitary and epidemiologic requirements;

- commodity-transport delivery note - the document containing data on the commodity and material cost of load, intended for accounting and control of its movement and confirming the transportation fact, including the conclusion of the transportation agreement of load;

- the consignor - the physical person or legal entity operating according to the transportation agreement of load on its own behalf and (or) on behalf of the owner of load which name and surname are specified in the shipping document (commodity-transport delivery note);

- the consignee - the physical person or legal entity authorized for receipt of load in destination based on the agreement or other legal act;

- vehicles - self-propelled wheel motorized vehicles, and also trail cars (semitrailer trucks) intended for transportation of goods, passengers, baggage and the equipment installed on them;

- the large-size vehicle - the vehicle which dimensions with load or without load exceed the admissible dimensions established by authorized state body in the field of road transport;

- the heavyweight vehicle - the vehicle which mass with load or without load and (or) loading on which axis exceed the admissible mass of the vehicle and (or) permissible load on axis which are established by authorized state body in the field of road transport;

- carrier - the legal entity or the individual entrepreneur owning personal vehicles on the property right or on other legal causes, performing activities for transportation of goods, passengers and baggage;

- authorized state body in the field of road transport - the authorized state body determined by the Government of the Republic of Tajikistan for implementation of the certain tasks in the field of road transport assigned to it by this Code and other regulatory legal acts;

- authorized body - the state body performing certain tasks in the field of road transport assigned to it by authorized state body in the field of road transport according to provisions this Code and other regulatory legal acts;

- the passenger - the physical person transported in the vehicle based on the signed agreement or on other legal cause;

- industry of road transport - industry of economy which field of activity are the organization, providing and implementation of transportations of passengers, baggage, loads with use of vehicles and infrastructures of road transport;

- common carrier - the transport belonging to legal entities and individual entrepreneurs, intended for rendering services in transportation to physical persons and legal entities based on the public agreement;

- the public transport - common carrier, control of which is exercised of authorized state body in the field of road transport or authorized body by means of the admission of carriers to implementation of activities for transportation of passengers and baggage on the basis of establishment of requirements to level and service quality, rates, characteristics of route network and requirements to their forming;

- maintenance of vehicles - complex of the actions aimed at providing carrying out registration actions and the state technical inspections, implementation of technical operation (maintenance, repair, control of technical condition, storage) of cars according to requirements of the legislation of the Republic of Tajikistan;

- stopping point - the place of stop of vehicles equipped for landing, disembarkation and expectation of passengers;

- infrastructure facilities of road transport - the building, constructions and (or) production and technological complexes used for implementation of types of activity in the field of road transport;

- the driver - person managing the vehicle;

- the luggage receipt - the document certifying delivery by the passenger and acceptance of baggage by carrier to transportation based on the transportation agreement of the passenger;

- the route sheet - the source document intended for accounting and control of operation of the vehicle and the driver when implementing transportations, including for registration of results of check of compliance of the driver and the vehicle to safety requirements, prepared by authorized state body in the field of road transport and extended to carriers in accordance with the established procedure;

- special permission - one-time permission to journey of the vehicle of carrier with heavy, bulky and (or) dangerous goods on highways;

- the certificate of weighing - the document containing reliable data about weight parameters of the vehicle, issued by the weighing Item authorized on that by body;

- the freight owner - the physical person or legal entity owning right of disposal of goods;

- the parking - the building, construction or their part, or the equipped open area intended for the organized parking and (or) content of vehicles;

- taxi - form (type) of transportation of passengers and baggage by common carrier with use of automobile vehicles in case of which it is transported by orders with the established tariffing of transportations of passengers on run or time, in course of carriage in accordance with the established procedure;

- marking of loads - drawing on load of symbols, the figures and signs bearing information on the receiver, rules of the address with load and its completeness, at the same time texts can be applied on container and packaging;

- the terminal - the production and technological complex intended for servicing of passengers and (or) loads, drivers and vehicles;

- the trolleybus - type of the wheel mechanical vehicles set in motion by the electric motor which power supply is provided on external suspended contact network which intend for transportation of passengers;

- forwarding activities - activities for the organization of transportation of goods by vehicles, to registration of commodity-transport delivery notes, documents for the customs purposes and other documents, and also the services performed by the freight forwarder based on the freight forwarding agreement;

- rules of road transport - the regulatory legal acts developed and accepted based on of this Code, authorized state body in the field of road transport;

- route - predefined transit of the vehicle for the purpose of implementation of transportations between initial and final Items;

- routes of settlements and villages - the transportations performed within the established administrative borders of settlements of settlements and villages and also the connecting settlements of settlements and (or) villages among themselves which are not providing crossing of administrative borders of the cities and having extent no more than twenty kilometers between the points of departure and appointments;

- city routes - the transportations performed within the established administrative borders of the city;

- suburban routes - the transportations performed between the cities and other settlements at distance no more than fifty kilometers between the points of departure and appointments;

- long-distance routes - the transportations performed between the cities or other settlements at distance more than fifty kilometers from the point of departure to destination;

- international routes - the transportations performed with crossing of Frontier of the Republic of Tajikistan;

- forwarding services in the field of road transport - types of service, connected with the organization of sending, maintenance and transfer of load according to the signed freight forwarding agreement;

- transportations - the transportation of goods, passengers and baggage performed by legal entities and individual entrepreneurs with use of vehicles on highways;

- regular transportations - the transportations performed along routes according to the approved schedules of movement;

- irregular transportations - the transportations which are not relating to regular transportations;

- transit transportations - the transportations performed by carriers through the territory of the Republic of Tajikistan without landing and disembarkation of passengers and also without loading and unloading of loads, baggage;

- transportations for satisfaction of own needs - transportations which have auxiliary character in relation to core activities of the legal entity or individual entrepreneur and are carried out by them for cargo transfer, belonging to them on the property right or based on other legitimate rights and the workers without the conclusion of the transportation agreement the vehicles belonging to them on the property right if vehicles workers of this legal entity or the individual entrepreneur or the individual entrepreneur, after receipt of the written notice from authorized state body in the field of road transport manage;

- the ticket - the document in paper or electronic form, or on the electronic medium, certifying the conclusion of the transportation agreement of the passenger;

- the schedule of movement - the planned document containing the predefined and arranged on time sequence of departure of vehicles from stopping points and (or) arrivals on them or intervals of movement of vehicles along route;

- the freight forwarder - the physical person or legal entity performing transport - expeditionary services according to the freight forwarding agreement;

- the positive goodwill - positive goodwill of the legal entities and individual entrepreneurs performing activities in the field of road transport is determined by observance of requirements of the legislation of the Republic of Tajikistan by them and regulatory legal acts of authorized state body in the field of road transport.

Article 3. The legislation of the Republic of Tajikistan in the field of road transport

The legislation of the Republic of Tajikistan in the field of road transport is based on the Constitution of the Republic of Tajikistan and consists of of this Code and other regulatory legal acts, and also the international legal acts recognized by Tajikistan.

Article 4. Property on road transport

The road transport in the Republic of Tajikistan is based on different patterns of ownership. Owners of cars are equal before the law and use same legal protection.

Article 5. The parcels of land used for the motor transportation purposes

1. Use or assignment of the parcels of land for the motor transportation purposes is regulated by the legislation of the Republic of Tajikistan.

2. For the purpose of ensuring reliable operation of constructions and other objects of road transport in the areas subject to collapses, landslides, washouts, mudflows and other, dangerous natural impacts, conservation zones are established.

3. Haulage contractors shall use the parcels of land provided to them according to purpose and conditions of their provision, to apply nature protection production technologies and not to allow deterioration in ecological situation as a result of the activities.

Article 6. Subjects of the relations in the field of road transport

Subjects of the relations in the field of road transport are state bodies, local executive bodies of the government, individual entrepreneurs, physical persons and legal entities.

Article 7. Types of activity in the field of road transport

1. Activities in the field of road transport are regulated by authorized state body in the field of road transport, other relevant organs and are performed by legal entities and individual entrepreneurs by the following types:

- transportations by road transport, including transportations of passengers, baggage and transportation of goods;

- activities on infrastructure facilities of road transport;

- maintenance of cars, including ensuring carrying out registration actions and the state technical inspections, implementation of technical operation (maintenance, repair, control of technical condition, storage of vehicles), ensuring utilization of unsuitable cars;

- transport-forwarding activities on road transport.

2. The types of activity specified regarding 1 this Article can include subspecies, works and services which are technologically complete and technologically independent of other types of activity.

3. The types of activity of legal entities and individual entrepreneurs in the field of road transport specified in parts 1 and 2 of this Article can be performed on the basis of the agreement or for satisfaction of own needs.

Article 8. Mandatory requirements and conditions for implementation of activities in the field of road transport

1. General mandatory requirements and conditions for implementation of activities of legal entities and individual entrepreneurs in the field of road transport are:

- the positive goodwill of the legal entities and individual entrepreneurs performing activities in the field of road transport is established according to requirements of article 9 of this Code;

- professional competence of workers of the legal entities and individual entrepreneurs performing activities in the field of road transport is determined according to requirements of article 10 of this Code;

- observance of requirements of rules of road transport, is determined according to requirements of article 11 of this Code.

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