ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 14, 1999 No. 396

About approval of the Charter of road transport of the Republic of Tajikistan

According to the Law of the Republic of Tajikistan "About transport" the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Charter of road transport of the Republic of Tajikistan.

2. Declare invalid the resolution of Council of Ministers of the Tajik SSR of December 29, 1985 No. 388 "About approval of the Charter of road transport of the Tajik SSR".

 

Approved by the Order of the Government of the Republic of Tajikistan of September 14, 1999, No. 396

Charter of road transport of the Republic of Tajikistan

This, the Charter determines economic, legal and organizational basis of activities of road transport of the Republic of Tajikistan, its place and role in economy and the social sphere of the Republic of Tajikistan, regulates the relations with public authorities, managements, other modes of transport, legal entities and physical persons, being owners of road transport, and also passengers, senders and receivers of loads, cargo baggage, baggage and mail.

Section I. General provisions

1. a) The motor transportation complex or just road transport of the Republic of Tajikistan is set of all vehicles registered in its territory and the infrastructure which is providing their normal functioning, including administrative and production capacities of car owners and haulers, objects of service, and also highways.

b) Vehicles are the railway vehicles of road transport including buses, automobile and cargo vehicles, trail cars and semitrailer trucks, and also specialized and special equipment vehicles.

c) The car is the motorized vehicle intended for transportation across highways of passengers, baggage, loads and mail, and also for accomplishment of separate types of the auxiliary works connected with transportation of the mobile processing equipment mounted on its base. This term does not extend to rail vehicles, the special agricultural and road machinery.

d) Specialized cars are the motorized vehicles intended for implementation of transportations of specific type of cargo and having for this purpose specific configuration of cargo platform (for example, the bus, the truck tractor, etc.) or bodies (for example, the dump truck, truck tank, etc.).

e) Special vehicles are the motorized vehicles ensuring movement and functioning of the equipment mounted on the chassis of these cars (fire, sanitary, watering and harvest trucks, mobile shops, cars with compressor installations, truck cranes and others).

e) Highways are complex of the engineering constructions (road bed, the carriageway, bridges, different office buildings, the companies of roadside service, etc.) intended for ensuring movement of vehicles and pedestrians.

g) The motor transportation company is the legal entity occupied with economic business activity on transportation of passengers, baggage and loads, storage, maintenance and repair of railway vehicles of road transport, acting according to the legislation of the Republic of Tajikistan.

h) The company of car service is the legal entity who is taking part in servicing of drivers, vehicles, passengers, baggage and loads and also the rendering services in maintenance and repair of railway vehicles of road transport, its sink, storage, gas station fuel-lubricants, etc. which are acting on the basis of the and according to the legislation of the Republic of Tajikistan.

j) The car owner is the legal entity owning one or several vehicles on the property rights or other legal causes and using them at discretion within the current legislation of the Republic of Tajikistan.

k) The hauler is the legal entity or physical person owning one or several vehicles on the property rights or other legal causes and providing services in transportation of passengers, baggage and loads by road transport for a fee or on hiring, having on this corresponding permission (license) issued in accordance with the established procedure.

l) Road transport public - the vehicles of carriers registered in the territory of the Republic of Tajikistan. transporting at the request of everyone who will address them and earning reward for it.

m) The intraeconomic road transport is the vehicles registered in the territory of the Republic of Tajikistan which owners use them for own needs without the occupation right commercial transportations.

o) Official cars are the cars used for office trips by workers of the office of state bodies, containing at the expense of means of the republican and local budget and allocated within the limit set by the Government of the Republic of Tajikistan the government employee for office trips.

o) Business activity on automobile transporteeto initiative activities of citizens and legal persons, directed to profit earning or personal income by satisfaction of demand for transportations of passengers, baggage, loads, mail and to car service, based on private property or on the right of economic maintaining the state company.

p) The license - permission to the accomplishment of certain type of business activity to legal entities or physical persons issued by competent state bodies.

c) The client is the legal, physical person or the state using transport according to the signed contract with carrier or the one-time request.

r) The freight owner is the legal entity or physical person owning the right to dispose of load.

s) The consignor is legal entity or physical person which shows to carrier the load intended for transportation according to the signed transportation agreement.

t) The consignee is the legal entity or physical person authorized on receipt of load.

x) The freight forwarder is legal entity or physical person which is not obligatory being hauler, shall for remuneration and at the expense of the sender (receiver) of load to conclude from his or name one or several agreements on sending (mailing, delivery) loads and to carry out or organize the agreement performance of transportation of goods and other additional services connected with transportations.

w) The passenger is any person who in agreement performance of transportation, concluded from his name or him, is transported for a fee or freely by carrier.

2. The road transport which is component of transport complex of the Republic of Tajikistan is designed to satisfy the needs of economy and the population for the transportations and services connected with these transportations. Along with it tasks of road transport include servicing of other components of transport complex (rail, air and water transport), safety of transportations of passengers and loads, their safety and timely delivery destinations, and also requirements satisfaction of citizens in individual vehicles.

3. a) The motor transportation legislation of the Republic of Tajikistan is all-republican and consists of the Law on transport of the Republic of Tajikistan and other laws of the republic and resolutions of Majlisi Oli, the Government of the Republic of Tajikistan, Decrees and Orders of the President of the Republic of Tajikistan, Orders of the Government of the Republic of Tajikistan and this Charter governing the motor transportation relations, and also the regulatory legal acts published state bodies within their competence.

b) The ministry of transport of the Republic of Tajikistan and other departments, and also local representative and executive bodies can issue the acts regulating activities of road transport in the cases and limits provided by this Charter both others legislative and regulations.

d) If the international treaty which participant is the Republic of Tajikistan determines other rules, than those which contain in the motor transportation legislation of the Republic of Tajikistan, then in case of international carriages rules of the specified agreement are applied. The international agreements which participant is the Republic of Tajikistan to the motor transportation relations are applied directly, except cases when follows from the international treaty that its application requires the publication of the intra republican act.

4. The road transport of the Republic of Tajikistan is based on diverse patterns of ownership. All owners of road transport and car service are equal and use same protection of the law. State-owned property in the field of road transport are vehicles of the state motor transportation companies operating on the right of economic maintaining or operational management and highways of republican and regional value with all constructions and elements of arrangement which are their part (bridges, pipelines, buildings of road and operational service, snow protection devices and barriers, architectural registration, technical means of the organization of traffic, complexes of car service, etc., and also green plantings.

5. a) The right of control of vehicles in the territory of the Republic of Tajikistan is granted to her citizens, and also the foreign citizens and stateless persons having the relevant document of the national or international, recognized by the Government of the Republic of Tajikistan sample which confirms the right of its owner to control of the vehicle of the corresponding category.

b) The right of control of the vehicle is granted to the person having the corresponding qualification and which underwent medical examination about the state of health with issue of documents of the established sample.

c) Qualification requirements are determined by control of the vehicle according to the procedure established by the Government of the Republic of Tajikistan.

d) Assessment of suitability of condition health for control of the vehicle is performed by medical institutions according to the criteria established by the Ministry of Health of the Republic of Tajikistan.

6. Accounting, registration and the statistical reporting under availability of vehicles and trail cars to them is assigned to the State automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan.

7. Lands of road transport the Republic of Tajikistan are recognized:

- the lands allocated to land users under objects of road transport (the motor transportation, auto repair, autoservice companies) providing its activities;

- the lands for highways and road constructions allocated to the transport, road and other organizations performing their operation and constructions.

In the areas subject to dangerous natural impacts (collapses, landslides, mudflows, etc.), for ensuring reliable operation of highways and constructions special conservation zones which are also lands of road transport are established.

The procedure for establishment of conservation zones, their sizes, the mode of use of the lands allocated for these purposes is established by the Government of the Republic of Tajikistan.

The relations arising in case of allocation of land for road transport and procedure for land use are regulated by the Land Code of the Republic of Tajikistan and published in its development and amendment by others legislative and regulations of the Republic of Tajikistan.

Car owners, haulers, the motor transportation and autoservice companies shall use the lands 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 in the territory as a result of the activities.

Section II. State regulation of road transport and management of it

Chapter I. Public administration by road transport

8. a) The state body performing management of activities of transport complex in the Republic of Tajikistan is the Ministry of transport of RT.

b) The ministry publishes regulating documents within the competence provided by the Constitution, the Law on transport, this Charter and other legal acts.

c) The main objectives of the Ministry of Transport and Road Facilities in the field of motor transport are:

- development of concepts and state programs of development of motor transport and interaction of all modes of transport, forming and carrying out single scientific and technical and social policy on transport;

- project development of legal and other acts, standards, the regulations determining legal and normative order of functioning of motor transport irrespective of patterns of ownership;

- implementation of functions of public administration by the state and utility companies, coordination and regulation of motor transport of different patterns of ownership;

- the organization of requirements satisfaction of the state and the population in road haulage and the related services, and also control of observance of the rights of consumers;

- training, preparation and placement of personnel.

d) State bodies have no right to interfere with economic activity of the motor transportation and autoservice companies, car owners and haulers, and also to distract operational personnel of the motor transportation companies without their consent to other works, except cases, stipulated in Item 9 these Charters.

9. a) The state commission on emergency situations created by the Government of the Republic of Tajikistan in necessary cases has the right to attract to the purposes of prevention or natural disaster response (earthquakes, floods, accidents, major fire, epidemics, etc.) vehicles of car owners and haulers irrespective of their departmental accessory and patterns of ownership.

b) For prevention or liquidation of natural disasters contractual relations of car owners and haulers with their clients can be suspended in volume of attraction of vehicles by the decision of the Government of the Republic of Tajikistan or local executive bodies.

c) For holding actions for the prevention or natural disaster response, and also humanitarian assistance on emergency situations the Ministry of transport of the Republic of Tajikistan determines by the order of State commission the legal entities and physical persons owning vehicles which shall provide allocation of railway vehicles, delivery to disaster areas and export from them special forming of rescue services, groups of specialists, the equipment, loads, assistance to affected population.

The car owners and haulers involved in works on the prevention or liquidation of natural disasters shall provide:

- timely giving technically operational vehicles to places of forming of columns or loading;

- gas station of vehicles fuel-lubricants and their maintenance;

- equipment of crews;

- crews the corresponding allowance and money on traveling expenses for trip to the destination and return back.

e) The costs of car owners and haulers suffered in case of performance of works according to the prevention or liquidation of natural disasters are compensated by the decision of the Government of the Republic of Tajikistan according to actually shown documents.

Upon the demand of State commission on emergency situations governing bodies of road transport represent preliminary data on possible transportation costs on the prevention or liquidation of natural disasters.

Chapter 2. State regulation of motor transportation and autoservice activities

10. State regulation of motor transportation and autoservice activities is performed by legal support, licensing, certification, the taxation, crediting, financing, pricing, implementation of investment and antimonopoly, social and scientific and technical policy, control of execution of the legislation of the Republic of Tajikistan.

11. a) The Ministry of Finance of the Republic of Tajikistan by means of realization of tax policy and crediting makes the regulating impact on quantitative and high-quality structure of the park of vehicles, development of services of car service.

b) The ministry of conservation regulates activities of road transport in the field of its impact on the environment.

c) The Tajik state center of standardization and metrology under the Government of the Republic of Tajikistan (Tadzhikgosstandart) makes the regulating impact on technological level of railway vehicles of road transport and the infrastructure providing motor transportation transportations and also on the level of technical operation of the motor transportation equipment.

d) The state automobile inspection of the Ministry of Internal Affairs of the Republic of Tajikistan (further the State traffic inspectorate) - state control body in system of safety of traffic which within the competence exercises control of observance by the ministries, departments, the companies, organizations, the organizations, irrespective of patterns of ownership, public associations, officials, and also citizens of rules, standard rates and standards in the field of traffic and its safety.

e) The ministry of transport provides the regulating impact in case of construction, reconstruction and operation of highways and road constructions.

12. a) Business activity of the legal entities and physical persons performing is subject to licensing:

- transportation of passengers, baggage, loads and mail;

- content and operation of gas stations:

- diagnostics, maintenance and repair of systems and aggregates of the vehicles exerting impact on traffic safety and environmental protection.

b) The transport inspection under the Ministry of transport of the Republic of Tajikistan performs state regulation of business activity on motor transport by licensing.

Main methods of state regulation of the market of transport services:

- identification and suppression is illegal the created monopolies on separate types of transport of loads and bus routes, creation of normal conditions for competition development;

- issue of licenses on competitive basis within the quota established by territorial executive bodies for the purpose of decrease in harmful effects on the environment, increase in traffic safety and efficiency of use of vehicles on the socially important transportations subsidized from the local budget;

- increase in level of quality requirements of transportations, to environmental standards and traffic safety in case of issue of licenses in process of market saturation of transport services by more committed vehicles;

- refusal in issue of licenses to the legal entities and physical persons not capable of this period of time to provide appropriate level of environmental standards, qualities of transportation and traffic safety for the qualification or technical reasons.

c) Issue of licenses is performed on an equal basis and equal conditions for all persons meeting the requirements for this license type. It is forbidden to grant the privilege of issue of licenses to the state companies.

d) Licensing for the purpose of restriction of the competition or provision of benefit to any groups of entrepreneurs depending on forms of their property, departmental interests or the location is forbidden.

Licensing shall not promote monopolism strengthening, or restriction of freedom of business activity.

e) Licenses are inaliennable, that is non-transferable the licensee to other physical persons or legal entities.

e) Foreign legal entities or physical persons, and also persons without citizenship obtain licenses on the same conditions and in the same procedure that legal entities and physical persons of the Republic of Tajikistan.

13. and.) Issue of licenses for all types of business activity specified in the paragraph of 1 Item 12, is performed by bodies (licensors) authorized by the Government of the Republic of Tajikistan.

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