of December 22, 2004 No. 478-I
About approval of Rules of transportation of goods by road transport
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IT IS APPROVED Ministry of Internal Affairs Republic of Kazakhstan January 14, 2005 |
IT IS APPROVED Ministry of Agriculture Republic of Kazakhstan December 30, 2004 |
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IT IS APPROVED Ministry of Health Republic of Kazakhstan |
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According to the Law of the Republic of Kazakhstan "About road transport" I ORDER:
1. Approve the enclosed Rules of transportation of goods by road transport.
2. To management of road transport of the Ministry of Transport and Communications of the Republic of Kazakhstan (Makhanov Sh. K.) provide submission of this order for state registration in the Ministry of Justice of the Republic of Kazakhstan.
3. To impose control of execution of this order on the vice-Minister of Transport and Communications of the Republic of Kazakhstan Koshanov E. Zh.
4. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan and becomes effective from the moment of official publication.
Minister Nagmanov K. I.
Approved by the order of the Minister of Transport and Communications of the Republic of Kazakhstan of December 22, 2004 No. 478-I
These rules of transportation of goods by road transport (further - Rules) regulate procedure for the organization and implementation of motor transportations of loads.
Rules act on all territory of the Republic of Kazakhstan and are obligatory for all physical persons and legal entities, irrespective of patterns of ownership.
1. Motor transportations of loads - the transportation of goods performed by cargo vehicles on highways.
2. The automobile trailer (further - trail car) - the vehicle which is not equipped with the engine and intended for movement in structure with the cargo vehicle or the truck tractor. The term extends to semitrailer trucks and pole trailers.
3. The road train - the combined vehicle consisting of the cargo vehicle and trail car (the trailing road train), the truck tractor and semitrailer truck (the saddle road train).
4. The cargo vehicle - the vehicle with the mechanical drive intended for transportation of goods on highways.
5. The cargo vehicle (further - the vehicle) - unit of railway vehicles of the load road transport including cargo vehicles, automobile trailers, semitrailer trucks to truck tractors and also the specialized cars (intended for transportation of certain types of loads).
6. The truck tractor - the vehicle supplied with own engine and intended only or mainly for towage of trail car or semitrailer truck.
7. Perishable load - the load having limited expiration date and requiring special conditions of transportation and storage.
8. Carriers perform transportation of goods and carry out the additional services connected with transportations based on the signed agreements.
Under the agreement of motor transportation of load the carrier shall deliver in safety the load entrusted to it by the consignor in destination with observance of conditions of its transportation and issue it to person (consignee) authorized on receipt of load, and the consignor shall pay for motor transportation of load payment according to the agreement or rate. The transportation agreement of load is drawn up by creation of commodity-transport delivery note in form, according to appendix 1.
9. The agreement of motor transportation of load is signed between carrier and the consignor according to the Civil code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About road transport", and also these rules.
10. One of agreement parties of motor transportation of load can address other party with the offer on change or agreement cancelation, with indication of the reasons which formed the basis for such address. The addressee who received the offer on change or agreement cancelation shall consider the arrived offer in ten-day time and direct the notice on adoption of the offer, or on its variation.
In case of achievement by the parties of consent on change of terms of the contract or its termination, the agreement on change or agreement cancelation is made in the same form, as the agreement.
11. Cargo reception from the consignor is performed by carrier based on commodity-transport delivery note and accompanying documents on load. The consignor before arrival of the cargo vehicle for loading shall prepare load for transportation (to place in container, to pack, group in consignees), to prepare commodity-transport delivery note and accompanying documents, and in case of need - omissions on the journey right for the shipping place of loads.
12. The load is given the consignor to transportation in the packed, packaged, sealed up, marked type with indication of quantity, the exact weight (amount).
13. Packaging handed over to cargo hauling shall not have violations of integrity or traces of cargo damage (smudges, gaps, dents and so on).
14. The loads needing container for their protection from loss, shortage, spoil and transit damage shall be shown to transportation in the operational container conforming to state standards or specifications, ensuring their complete safety.
If in case of external examination of container or packaging shown to cargo hauling shortcomings which cause concerns for safety of load will be noticed, the consignor upon the demand of carrier eliminates the noticed defects, in case of failure to act of the consignor in all copies of commodity-transport delivery note the corresponding mark becomes. The damage suffered (shortage, spoil and cargo damage in transit) caused by the reasons specified in commodity-transport delivery note is not compensated by carrier.
15. The loads which are not drawn up for transportation by vehicles according to requirements of these rules are not allowed to transportation.
16. In cases when the load is transported accompanied by the freight forwarder of the consignor (consignee), the last in commodity-transport delivery note makes mark that the load follows accompanied by the freight forwarder of the consignor (consignee), and also enters its surname, name and middle name.
17. In case of cargo reception to transportation the freight forwarder or the delivery driver shows to the consignor the identity document and the route sheet certified by carrier.
18. Entrance of vehicles and persons which are in it on the territory of the consignor and consignee is performed according to the route sheet if execution of the special omission for this purpose is not required.
19. In case of delivery by the consignor and acceptance by carrier of the loads transported by pile, embankment, in bulk and in containers, the superimposed weight of these loads shall be determined and specified in commodity-transport.
Tare and breakbulk cargoes are accepted for shipment with indication of in commodity-transport delivery note of load weight and quantity of cargo pieces. The weight of tare and breakbulk cargoes is determined by the consignor before their presentation to transportation and it is specified on cargo pieces. The total weight of load is determined by weighing on scales or calculation of weight on cargo pieces by cliche or the standard. For separate cargoes weight can be determined by agreement of the parties in the settlement way, on measurement, dimensional weight or is conditional.
Record in commodity-transport delivery note about load weight with indication of method of its determination is made by the consignor.
20. Determination of load weight is made jointly by the consignor and carrier technical means of the consignor, and on freight terminals - jointly the consignor and workers of freight terminal, with use of technical means of freight terminal.
In case of delivery of loads in the covered vehicles, and also in their separate sections, containers and tanks which are sealed up by the consignor, determination of load weight is made by the consignor.
21. The carrier in the absence of traces of opening of container or packaging accepts at the consignor the loads having the marked net weight or gross according to the weight specified on marking.
If cargo pieces of one standard size to one consignee are shown, specifying of weight on each cargo piece is optional, except as specified, when state standards provide specifying of gross weight and net on standard places. In this case in commodity-transport delivery note in the column "Method of Determination of Weight" it is specified "according to the standard".
22. The quantity of loads of non-commodity nature is determined by acts of measurement or statements of weighing which are drawn up by the consignor (consignee) together with carrier. In transit soil determination of its quantity can be made by geodetic measurement.
The statement of weighing is drawn up based on check weighting of 5-10 vehicles then the average load weight in one vehicle of the corresponding brand is determined.
In case of determination of quantity of load geodetic measurement the total weight of load is established by multiplication of volume indicators of geodetic measurement by the dimensional weight of load determined by laboratory method.
In case of change of nature of goods or other conditions of transportations upon the demand of carrier, the consignor or the consignee new check weighting or determination of dimensional weight of load is made.
The carrier in all cases can require additional check of quantity or weight of the transported load of non-commodity nature. Results of check shall be brought in commodity-transport delivery note.
23. Bulky and heavy loads, except for non bulky and heavy loads are not accepted for shipment.
24. The harm done to vehicles and loads because of overload of vehicles, the wrong inside package of loads (fight, breakdown, deformation, leak and so on), and also applications of container and the packaging which are not corresponding to properties of load, its weight or requirements established by state standards and specifications is compensated by the consignor.
25. In case of delivery of loads in container or packaging and breakbulk cargoes small sendings each cargo piece shall be beforehand marked by the consignor according to state standards.
26. In marking shall be specified:
1) full or abbreviated name of the consignee;
2) place and destination;
3) weight of unit load (gross and net).
27. The data provided in commodity-transport delivery note and accompanying documents shall correspond to marking completely.
28. In case of delivery of load which requires the special address in transit and handling works, the consignor shall put special marking on all luggage places: "TOP", "GLASS", is "CAREFUL", "HANDLE WITH CARE", "is AFRAID of COLD"; designation of places in which documents on load, are packed by special marking: "DOCUMENTS".
29. Signs of special marking are specified in appendix 2 to these rules.
30. Marking is made by one of the following methods:
1) it is direct drawing signs on cargo pieces;
2) by means of labels.
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The document ceased to be valid according to the Order of the deputy. The Minister of Transport and Communications of the Republic of Kazakhstan of August 6, 2011 No. 496