ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 18, 2011 No. 826

About approval of Rules of transportation of goods by road transport

List of amending documents

According to the subitem 9) of article 12 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of transportation of goods by road transport.

2. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of July 18, 2011 No. 826

Rules of transportation of goods by road transport

1. General provisions

1. The these rules of transportation of goods by road transport developed according to the subitem 9) of article 12 of the Law of the Republic of Kazakhstan of July 4, 2003 "About road transport" regulate procedure for transportation of goods by road transport (further - Rules) which includes:

1) delivery date of loads;

2) procedure for the organization and implementation of motor transportations of loads;

3) form of commodity-transport delivery note and procedure for its application;

4) requirements to loading points and unloadings of loads;

5) procedure for cargo reception to motor transportation, and also processings, storages and issues of loads in destination;

6) procedure for realization of perishable loads;

7) procedure for transportation of goods with the announced value;

8) procedure for marking of loads;

9) procedure for sealing of loads;

10) procedure for creation of acts;

11) procedure for change and agreement cancelation of transportation of goods;

12) procedure for deduction of loads;

13) procedure for transportation of separate types of loads;

14) procedure for survey of the vehicles transporting perishable loads in the international message;

15) requirements to the vehicles transporting perishable loads.

2. The basic concepts used in Rules:

1) 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);

2) automobile carrier (further - carrier) - the physical person or legal entity owning vehicles on the property right or other legal causes, providing services in transportation of passengers, baggage, loads or mail for a fee or on hiring;

3) 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;

3-1) dump truck - the cargo self-dumping vehicle, trail car or semitrailer truck with the body which is mechanically inclined for unloading of load

4) the truck tractor - the vehicle supplied with own engine and intended only or mainly for towage of trail car or semitrailer truck;

5) the cargo vehicle - the vehicle with the mechanical drive intended for transportation of goods on highways;

6) the consignee - the physical person or legal entity authorized on receipt of load based on the agreement of motor transportation of load or on other legal causes;

7) 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);

8) motor transportations of loads - the transportation of goods performed by cargo vehicles on highways;

9) the consignor - physical person or legal entity on behalf of which shipment is drawn up;

10) perishable load - the load having limited expiration date and requiring special conditions of transportation and storage.

2. Delivery date of loads

3. Carriers deliver loads to destination in the following terms if other is not provided by the agreement of motor transportation of loads:

1) to 250 kilometers (further - km) inclusive - one days;

2) over 250 km on each complete or incomplete 250 km increase half of days.

4. Delivery dates of loads are estimated from 24-00 o'clock days of cargo reception to transportation if other is not provided by the agreement.

Delivery dates in addition increase:

1) in transit loads with crossing through reservoirs on vessels and ferry boats - for one days;

2) in transit loads on mountain roads - for 30 percent (%);

3) in case of delay along the line for implementation of veterinary or other control - for all the time of delay.

5. The terms specified in item 4 of these rules do not extend to perishable traffic, terms which transportations are stipulated in Item 78 these rules.

3. Procedure for the organization and implementation of motor transportations of loads

6. Procedure for the organization of transportation of goods by road transport, general requirements on safety in case of their transportation, and also relations of participants of transportation of goods by road transport are regulated by these rules and agreements.

7. Rules act on all territory of the Republic of Kazakhstan and extend on all physical persons and legal entity, irrespective of patterns of ownership.

8. These rules do not extend on:

1) the motor transportations of loads performed for the purpose of ensuring defense capability, law and order in the conditions of force majeure circumstances and in case of mitigation of consequences of emergency situations;

2) the technological intraeconomic transportation of goods for own needs performed self-propelled and the wheel vehicles relating to intraeconomic transport (intra factory, intra career), and functioning without departure out of limits of the territory of business entity (the companies, the organizations) on country street road net.

9. Motor transportations of loads are performed with observance of requirements of the Civil code of the Republic of Kazakhstan of July 1, 1999, the Laws of the Republic of Kazakhstan of September 21, 1994 "About transport", of July 4, 2003 "About road transport", these rules and agreements.

International carriages of loads are performed with observance of requirements of international treaties, the Code of the Republic of Kazakhstan of July 30, 2010 "About customs affairs in the Republic of Kazakhstan" and these rules.

10. In case of the international motor transportations of perishable loads carriers observe regulations of the Agreement on international carriages of perishable foodstuff and on the special vehicles intended for these transportations (Union of Right Forces) (it is made in Geneva on September 1, 1970) (further - Union of Right Forces).

10-1. The carrier in use of vehicles provides passing by drivers of pretrip (prereplaceable) medical examination, and also pretrip (prereplaceable) technical inspection of vehicles.

4. Form of commodity-transport delivery note and procedure for its application

11. Transportation of goods is drawn up by commodity-transport delivery notes, and in cases of transportation of some types of the loads transported by embankment (in bulk) can be drawn up by the act of measurement or the act of weighing.

Use of vehicles with payment on time rate (payment of operation of the vehicle is made from hourly calculation within one working day (change), is drawn up by entries in the route sheet in form No. 4-p according to appendix 1 to these rules with indication of run and the time spent of the vehicle at the disposal of the consignor (consignee) less time of lunch break of the driver.

Use of vehicles with payment of their work on price-work rate (payment of operation of the vehicle is made for the transported tons) is drawn up by entries of the consignor (consignee) in the route sheet in form No. 4-s according to appendix 2 to these rules.

The procedure for execution of route sheets on price-work and time rates is given in Items 20 - 22 these rules.

12. The consignor represents to carrier on the load shown to transportation the commodity-transport delivery note constituted in four copies which is the main carriage document and on which write-off of this load by the consignor and receipt by his consignee is made.

13. Filling of commodity-transport delivery note is performed according to the procedure, established by Items 14-18 of these rules.

14. The commodity-transport delivery note on motor transportation of loads is constituted by the consignor in four copies addressed to each consignee with filling of the following details: the name of the consignee, the name of load, quantity, weight of the transported load, method of determination of weight (weighing, on cliche, the standard, measurement), packaging sort, method of loading and unloading, time of giving of the vehicle for loading and time loaded, idle time.

The harm which arose owing to abnormality of inaccuracy or incompleteness of the data specified in commodity-transport delivery note is compensated by the consignor.

15. Cargo reception to transportation from the consignor makes sure the signature of carrier of all copies of commodity-transport delivery note.

The first copy remains at the consignor and intends for write-off shown to transportation of goods. The second, third and fourth copies are handed by the consignor to carrier.

The second copy carrier is given to the consignee and intends for receipt of the received loads.

The third and fourth copies remain with carrier. The third copy is applied to the carriage bill and forms the basis for settling with the consignor (consignee), and the fourth is applied to the route sheet and forms the basis for accounting of transport work.

The consignor if necessary writes out additional copies of commodity-transport delivery notes which number is determined by the agreement between the consignor and carrier.

16. In all copies commodity-transport the superimposed consignor puts down arrival time, departure and idle time of the vehicle, and also specifies loading method, load weight, quantity of the cargo pieces, types of service which are carried out by carrier and certifies commodity-transport delivery notes the signature, seal or stamp.

In case of issue by the consignor of the documents determining quality of load and relation of the supplier and buyer (certificates, certificates, certificates, permissions and so on), the carrier accepts these documents and transfers them together with load to the consignee.

17. In case of delivery of load the driver shows three copies of commodity-transport delivery note to the consignee who certifies cargo reception by the sign and seal (stamp) in each copy of commodity-transport delivery note and specifies in all copies of commodity-transport delivery note arrival time and departure of the vehicle.

18. Arrival time and departure of the vehicle for loading (unloading) is specified according to Items 39-41 of these rules.

In cases when the consignor or the consignee incorrectly specified - arrival time of the vehicle for loading (unloading) and the ends of handling works, the driver in all commodity-transport delivery notes which are available for it makes entry in the presence of the representative of the consignor (consignee) that time is put down incorrectly, and specifies the actual arrival time and departure.

In case of disagreement with record of the driver the consignor (consignee) draws up the statement with participation of the driver, and in case of refusal of the last of creation of the act - with participation of two representatives of disinterested party.

In the presence in the territory of the consignor or the consignee of control office of carrier for creation of the act of the wrong mark of arrival time the dispatcher of the specified Item is called.

19. The act of measurement or the statement of weighing of the transported loads is drawn up by the consignor in triplicate from which:

1) the first copy remains at the consignor and forms the basis for accounting of the carried-out amounts of transportations;

2) the second and third copies are given to carrier. The second copy forms the basis for reconciliation of mutual settlings of carrier with the consignor and is applied to the account, and third is applied to the route sheet and forms the basis for accounting of transport work.

20. Route sheets of the vehicle are the main documents of primary accounting which together with commodity-transport delivery note or the act of measurement (weighing), determine indicators for accounting of operation of the vehicle, implementation of calculations for transportation of goods, and also for salary accrual to the driver.

The detachable coupon of the route sheet is filled in with the consignor and is the basis for presentation of the account of payment request by carrier to the consignor. The detachable coupon is attached to the account, and the route sheet remains at carrier in which identical records about operating time of the vehicle at the consignor (consignee) repeat.

In case of time-rate pay of transportation of goods enter numbers of commodity-transport delivery notes which one copy is applied to the route sheet for accounting of number of the transported tons of load and other indicators in the route sheet.

Route sheets of the vehicle and commodity-transport delivery notes are subject to registration in registers of movement of route sheets and commodity-transport delivery notes, and to storage by carrier together with magazines within 5 years.

21. Filling of the route sheet is performed by carrier. At the same time separate data are filled in as well with the consignor (consignee).

22. Route sheets of form No. 4-s and No. 4-p according to appendices 1 and 2 to these rules are drawn up by carrier for one working day (change, flight) with indication of date of issue, stamp or seal of carrier on condition of delivery of the route sheet of previous day of work (change, flight).

5. Requirements to loading points and unloadings of loads

23. Cargo loading on the vehicle, fixing, the shelter and coordination of loads unloading of loads, removal of fixtures and coverings - the consignee are made by the consignor, and if other is not provided by the agreement.

24. The consignor and the consignee make respectively closing and opening of boards of the vehicle and hatches of tanks, lowering and dredging of hoses from hatches of tanks, screwing up and unscrewing of hoses.

In cases when at check-points of the consignor (consignee) the load with removal of tarpaulin and the shelter of loads after survey is examined, opening and closing of hatches of tanks and so forth, the specified transactions are carried out by forces of the consignor (consignee).

25. During the handling works the carrier controls stacking and fixture of load for the purpose of observance of the established loading rates of the vehicle, safety of accomplishment of motor transportation and safety of load.

26. If terms of the contract provide that handling works are carried out by carrier, the last provides control of observance by workers of industrial safety rules and safe engineering on road transport in case of production of handling works, and also takes measures for accident prevention which can result from failure to carry out of the regulations specified in this Item.

27. Requirements to loading points and unloadings of loads following:

1) to have the regular and service equipment for production of handling and auxiliary works conforming to national standards of the Republic of Kazakhstan;

2) to provide observance of fire-proof, sanitary and epidemiologic and ecological standard rates;

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