LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2013 No. 132-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning transport

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; Art. No. 21-22, 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72,77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 67, Art. 27; No. 12, Art. 48, 51; Art. No. 13-14, 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, Art. No. 1-2, 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; Art. No. 17-18, 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; №3, of Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21; The law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on May 25, 2013):

1) in table of contents:

to exclude heading of Article 446-1;

add with heading of Article 446-2 of the following content:

"Article 446-2. Non-execution or improper execution of obligations by carrier on provision of services to the passenger in case of cancellation or delay of flight because of carrier or delay, flight cancellation owing to late arrival of the aircraft, change of route of transportation";

to state heading of Article 447-2 in the following edition:

"Article 447-2. Abuse of regulations of application of authorization system of motor transportations in the Republic of Kazakhstan in the international message";

add with heading of Article 447-6 of the following content:

"Article 447-6. Transportation of passengers between Items in the territory of the Republic of Kazakhstan when implementing regular transportations in the international message";

450, of 452, of 453, 454 and 458 to state headings of Articles in the following edition:

"Article 450. Abuse of regulations, the passengers ensuring safety in courts of sea and river transport";

"Article 452. Abuse of regulations of operation of courts, including small size vessels, and also control of the vessel, including small size vessel, person who does not have the right of management

Article 453. Abuse of regulations of navigation of vessels, and also instructions for use by small size vessels

Article 454. The control of the vessel, including small size vessel, boatmaster or the other person is able alcoholic, drug and (or) inhalant intoxication";

"Article 458. Abuse of regulations of registration of courts, including small size vessels, and also rules of construction, technical operation of courts";

add with headings of Articles 458-1 and 458-2 of the following content:

"Article 458-1. Violation of requirements for operation of port installations

Article 458-2. Abuse of regulations of investigation of emergency cases and transport incidents with courts, including with small size vessels";

459, of 463, of 547, 629 and 630 to state headings of Articles in the following edition:

"Article 459. Smoking on transport";

"Article 463. Non-compliance with rules of stops of route vehicles, movements in living areas, transportations of passengers and loads and other gross violations of traffic regulations";

"Article 547. Authorized body in the field of civil aviation";

"Article 629. Discharge from vehicle control, the vessel, including the small size vessel, and survey on state of intoxication

Article 630. Detention, delivery and prohibition of operation of the vehicle, vessel, including small size vessel";

Article 439 to add 2) with parts seven, the eighth and ninth the following content:

"7. The abuse of regulations of safety on rail transport which entailed damage of railway rolling stock to the condition which is not subject to recovery -

attracts penalty on the legal entities who are subjects of small or medium business in the amount of hundred, on the legal entities who are subjects of big business - in the amount of two hundred monthly settlement indicators.

8. Abuse of regulations of safety on rail transport as a result of which damage of railway vehicles to the amount requiring its uncoupling and giving on repair is allowed -

attracts penalty on the legal entities who are subjects of small or medium business in the amount of seventy, on the legal entities who are subjects of big business - in the amount of hundred fifty monthly settlement indicators.

9. Failure to provide in authorized body participants of transportation process of information on the allowed violations of safety on railway tracks in the terms established by Safety rules on rail transport -

attracts penalty on officials in the amount of twenty monthly settlement indicators";

Article 446 to state 3) in the following edition:

"Article 446. Abuse of regulations of behavior on the aircraft

1. Failure to carry out by person who is on the aircraft, orders of the commander of the aircraft or other crew members if acts of this person do not create flight safety hazard, -

attracts the prevention or penalty in the amount up to two monthly settlement indicators.

2. Use of services of cellular, trunking communication onboard the aircraft at all stages of flight, radio-electronic means and high-frequency devices of household purpose at stages of taxing, ascent, landing approach of the aircraft -

attracts the prevention or penalty in the amount up to one monthly settlement indicator.

3. The acts provided by parts one and the second this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of ten monthly settlement indicators";

Article 446-1 to exclude 4);

To add 5) with Article 446-2 of the following content:

"Article 446-2. Non-execution or improper execution of obligations by carrier on provision of services to the passenger in case of cancellation or delay of flight because of carrier or delay, flight cancellation owing to late arrival of the aircraft, change of route of transportation

1. Non-execution or improper execution of obligations by carrier, stipulated by the legislation the Republic of Kazakhstan about use of airspace of the Republic of Kazakhstan and activities of aircraft, on provision of services to the passenger in case of cancellation or delay of flight because of carrier or delay, flight cancellation owing to late arrival of the aircraft, change of route of transportation -

attracts penalty in the amount of two hundred monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of one thousand monthly settlement indicators";

6) paragraphs the first, the second, the third and fourth to state to part one of Article 447-1 in the following edition:

"1. Operation of the vehicle without control devices of registration of work-rest schedule of drivers (tachographs) or with the switched-off operational such devices or with the blank chart disks, or using earlier used chart disks or without use of electronic cards in case of use of electronic (digital) tachographs, and it is equal without maintaining daily registration leaves of work-rest schedule of drivers (in case of defect of the control device) when implementing:

1) motor transportations of dangerous goods;

2) international motor transportations of passengers, baggage and loads;

3) long-distance interregional regular motor transportations of passengers and baggage;

4) long-distance interregional, interdistrict (long-distance intraregional) irregular motor transportations of passengers and baggage -";

Article 447-2 to state 7) in the following edition:

"Article 447-2. Abuse of regulations of application of authorization system of motor transportations in the Republic of Kazakhstan in the international message

1. Implementation by foreigners or foreign legal entities of the international motor transportations in the territory of the Republic of Kazakhstan without permission or special permission in cases, stipulated by the legislation the Republic of Kazakhstan about road transport, -

attracts penalty on drivers of vehicles in the amount of twenty five, on legal entities - in the amount of five hundred monthly settlement indicators.

2. Use by domestic carrier of foreign permission to the vehicle which is not specified in cards of the admission of domestic carrier -

attracts penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of twenty, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators.

3. Transfer of forms of foreign permissions by domestic carrier to other domestic carrier -

attracts penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of twenty five, on the legal entities who are subjects of big business - in the amount of forty five monthly settlement indicators.

4. Violation by the driver of the approved scheme of route when implementing transportations of passengers and baggage in the international message -

attracts penalty in the amount of ten monthly settlement indicators.

5. Use by foreign carrier of the domestic permission which is not drawn up according to Rules of application of authorization system of motor transportations in the Republic of Kazakhstan in the international message -

attracts penalty on drivers of vehicles in the amount of twenty to twenty five monthly settlement indicators";

8) the paragraph one of Article 447-4 to state in the following edition:

"Transportation of passengers, baggage or loads by the vehicles registered in the territory of foreign state between the Items located in the territory of the Republic of Kazakhstan, except for transportations by the vehicles which are temporarily imported on the territory of the Republic of Kazakhstan -";

To add 9) with Article 447-6 of the following content:

"Article 447-6. Transportation of passengers between Items in the territory of the Republic of Kazakhstan when implementing regular transportations in the international message

1. The organization of sale of travel documents (tickets) for transportation of passengers between Items in the territory of the Republic of Kazakhstan when implementing regular transportations in the international message -

attracts penalty in the amount of twenty monthly settlement indicators.

2. Transportation of passengers by vehicles between Items in the territory of the Republic of Kazakhstan when implementing regular transportations in the international message -

attracts penalty in the amount of thirty monthly settlement indicators.

3. The actions provided by parts one and the second this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of fifty monthly settlement indicators";

Paragraph one of part one of Article 448 to state 10) in the following edition:

"1. Violation on sea transport of established procedure of maneuvering and movement of courts, non-compliance with the ordered speed of movement, requirements of giving of sound and light signals, executions of ship fires and signs, deliberate stop or the parking of the vessel in the prohibited places, violation of procedure for towage of courts, and also failure to carry out of mandatory requirements of the dispatcher -";

Article 450 to state 11) in the following edition:

"Article 450. Abuse of regulations, the passengers ensuring safety in courts of sea and river transport

Absence, not completion or use with expired for surveys of rescue and emergency means and the equipment, violation of requirements for the equipment of staircases and ladders in courts of sea and river transport -

attract penalty on physical persons in the amount of twenty, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of fifty, on the legal entities who are subjects of big business - in the amount of hundred monthly settlement indicators";

12) in Article 451:

to state paragraph two of part one in the following edition:

"attract penalty on officials in the amount of fifteen, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of twenty, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators";

to state paragraph two of part two in the following edition:

"attract penalty on officials in the amount of fifteen, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of twenty, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators";

add with the note of the following content:

"Note. In Articles 451 - 454, 457, 458, 458-2 of this Code it is necessary to understand the vessel no more than twenty meters long with the admissible number of people onboard no more than twelve people as the small size vessel, except the vessels constructed or equipped for fishery, transportation of goods, towage of carrying out search, exploration and production of minerals, construction, traveling, hydrotechnical and other similar works, pilot and icebreaking posting, and also implementation of actions for protection of water objects against pollution and contamination";

Articles 452, of 453, of 454, 456 and 457 to state 13) in the following edition:

"Article 452. Abuse of regulations of operation of courts, including small size vessels, and also control of the vessel, including small size vessel, person who does not have the right of management

1. Control of the vessel the, including the small size vessel which is not registered in accordance with the established procedure either which did not have technical inspection (survey), or not bearing board numbers and designations, or re-equiped without the corresponding permission, or having defects with which its operation is prohibited or with abuse of regulations of loading of regulations of passenger capacity, restrictions on the area and conditions of swimming -

attracts the prevention or penalty in the amount up to five monthly settlement indicators.

2. The control of the vessel, including small size vessel, person who does not have the right of control of this vessel, including small size vessel, and is equal control of the vessel, including small size vessel, person which does not have in case of itself the document confirming the right of control of this vessel, including small size vessel, or transfer of control of such vessel, including small size vessel, to person who does not have the right of management -

attract penalty in the amount of three monthly settlement indicators.

3. Control of the passenger ship person which does not have in case of itself the insurance policy on compulsory insurance of civil responsibility of carrier to passengers -

attracts penalty in the amount of one monthly settlement indicator.

4. Control of the vessel, including small size vessel, in the absence of ship's papers, and also with violation of requirements imposed to ship's papers -

attracts penalty in the amount of five monthly settlement indicators.

5. Control of the vessel, including small size vessel, with obviously false or counterfeit registration board numbers and designations -

attracts penalty in the amount of twenty monthly settlement indicators.

6. Drawing on the vessel, including on the small size vessel, obviously false or counterfeit registration board numbers and designations -

attracts penalty on physical and officials in the amount of fifteen, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of twenty, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators.

Article 453. Abuse of regulations of navigation of vessels, and also instructions for use by small size vessels

1. Violation by boatmasters of courts of river transport of established procedure of movement of courts, giving of sound and light signals, executions of ship fires and signs -

attracts penalty on physical persons in the amount of three, on officials - in the amount of five monthly settlement indicators.

2. Excess by boatmasters of small size vessels of the established speed, non-compliance with requirements of navigation signs, deliberate stop or the parking of the vessel in the prohibited places, damage of hydraulic engineering constructions or technical means and signs of navigable and navigation situation, abuse of regulations of maneuvering, giving of sound signals, executions of onboard fires and signs -

attract the prevention or penalty in the amount up to two monthly settlement indicators or deprivation of the right of control of the small size vessel for a period of up to one year.

3. Violation by boatmasters of established procedure of arrangement and the parking of courts of river transport -

attracts the prevention or penalty in the amount of three monthly settlement indicators.

4. Violation by boatmasters of small size vessels of regulations of picking and the equipment of the vessel specified in the ship ticket, exit in swimming in night-time with not equipped navigation signal lights approach is closer than fifty meters to barrier of borders of heat on beaches and to other organized places of heat -

attract the prevention or penalty in the amount of five monthly settlement indicators.

Article 454. The control of the vessel, including small size vessel, boatmaster or the other person is able alcoholic, drug and (or) inhalant intoxication

1. The control of the vessel, including small size vessel, boatmaster is able alcoholic, drug and (or) inhalant intoxication, and also transfer of control of such vessel, including small size vessel, to the boatmaster who is in condition of alcoholic, drug and (or) inhalant intoxication -

attract penalty in the amount of twenty five monthly settlement indicators or deprivation of the right of control of the vessel, including small size vessel, for a period of up to one year.

2. The same actions which entailed creation of emergency environment - attract penalty in the amount of thirty monthly settlement indicators or deprivation of the right of control of the vessel, including small size vessel, for up to three years.

3. Evasion of boatmasters from passing according to established procedure of survey on condition of alcoholic, drug and (or) inhalant intoxication -

attracts penalty in the amount of twenty monthly settlement indicators or deprivation of the right of control of the vessel, including small size vessel, for up to one year.

4. The admission to control of the vessel, including small size vessel, persons which are in condition of alcoholic, drug and (or) inhalant intoxication -

attracts penalty on physical persons in the amount of fifteen, on the officials responsible for operation of courts, including small size vessels, - in the amount of twenty five monthly settlement indicators";

"Article 456. Abuse of regulations of loading, unloading and warehousing of loads in river ports and on piers

Violation of specifications of loading, unloading and warehousing of loads in river ports and on piers, specifications of fixture of loads in the vessel, not execution of the act of loading (unloading) of load -

attract penalty in the amount up to two monthly settlement indicators.

Article 457. Abuse of regulations of use of bases (constructions) for parking of small size vessels

1. Violation on bases (constructions) for parking of small size vessels of regulations of basing of small size vessels, conditions and technical requirements for safe operation of bases (constructions), and is equal content on the specified bases (constructions) of small size vessels unregistered in accordance with the established procedure -

attract penalty on physical and officials in the amount of ten, on individual entrepreneurs, legal entities, being small business entities, - in the amount of fifteen, on the legal entities who are subjects of medium business - in the amount of twenty, on the legal entities who are subjects of big business - in the amount of twenty five monthly settlement indicators.

2. Non-compliance with the set verification regime of exit in swimming and return to base of small size vessels -

attracts the prevention or penalty on physical and officials in the amount of five monthly settlement indicators";

Heading and part one of Article 458 to state 14) in the following edition:

"Article 458. Abuse of regulations of registration of courts, including small size vessels, and also rules of construction, technical operation of courts

1. Abuse of regulations of registration of courts, including small size vessels, -

attracts penalty on physical persons in the amount of ten, on officials - in the amount of twenty monthly settlement indicators";

To add 15) with Articles 458-1 and 458-2 of the following content:

"Article 458-1. Violation of requirements for operation of port installations

Violation or non-compliance with terms of carrying out regular and periodic technical inspections of port installations, stay in non-operational condition or discrepancy according to the characteristics of mooring and otboyny devices of berthing facility, and also lack of the magazine of technical inspection of port installations and the passport of seaport -

attract penalty on officials in the amount of five monthly settlement indicators.

Article 458-2. Abuse of regulations of investigation of emergency cases and transport incidents with courts, including with small size vessels

1. Failure to provide information by the ship master, shipowner, official of hydraulic engineering constructions in bodies of transport control about emergency case with the vessel of sea transport, about transport incident with the vessel of river transport -

attracts penalty on physical and officials in the amount of ten, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of twenty five, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators.

2. Failure to provide information by the boatmaster or shipowner in bodies of transport control about transport incident with the small size vessel -

attracts penalty on physical persons in the amount of five, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of twenty, on the legal entities who are subjects of big business - in the amount of thirty monthly settlement indicators.

3. Failure to provide or untimely provision at the request of body or the official making investigation of emergency case or transport incident, materials, references, explanatory, statements from ship's papers or the other information necessary for conducting investigation -

attracts penalty on physical persons in the amount of five, on officials - in the amount of ten, on individual entrepreneurs, legal entities who are subjects of small or medium business - in the amount of twenty five, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators";

Article 459 to state 16) in the following edition:

"Article 459. Smoking on transport

1. Smoking in unspecified places in trains and in courts of sea and river transport -

attracts penalty in the amount of five to seven monthly settlement indicators.

2. Smoking onboard the aircraft, in insides of buses, minibuses when implementing transportations of passengers, trolleybuses, taxi and urban rail transportation -

attracts penalty in the amount of five to seven monthly settlement indicators";

Part 6-1 of Article 461 to state 17) in the following edition:

"6-1. Release in operation of the vehicles which did not have pretrip (prereplaceable) technical inspection, and also the admission to management of the driver who did not have pretrip (prereplaceable) medical examination when implementing regular or irregular motor transportations of passengers, baggage, and also transportation of goods -

attract penalty on the individual entrepreneurs, legal entities who are subjects of small or medium business in the amount of twenty, on the legal entities who are subjects of big business - in the amount of fifty monthly settlement indicators";

18) in Article 463:

state heading in the following edition:

"Article 463. Non-compliance with rules of stops of route vehicles, movements in living areas, transportations of passengers and loads and other gross violations of traffic regulations";

third to state part in the following edition:

"3. The journey of large-size and (or) heavyweight vehicles without special permission including fixed with use of the special automated measuring means -

attracts penalty on physical persons and individual entrepreneurs in the amount of two hundred, on the legal entities who are subjects of small or medium business - in the amount of five hundred, on the legal entities who are subjects of big business - in the amount of one thousand monthly settlement indicators";

add with parts 3-1, 3-2 and 3-3 of the following content:

"3-1. Journey of large-size and (or) heavyweight vehicles with exceeding of one of parameters or with variation from the route or terms specified in special permission -

attracts penalty on physical persons and individual entrepreneurs in the amount of hundred, on the legal entities who are subjects of small or medium business - in the amount of two hundred, on the legal entities who are subjects of big business - in the amount of five hundred monthly settlement indicators.

3-2. Transportation of goods by the dump truck which maximum permitted mass exceeds the admissible lump of the vehicle established by the legislation of the Republic of Kazakhstan, on highways public -

attracts penalty on physical persons and individual entrepreneurs in the amount of eighty to hundred, on the legal entities who are subjects of small or medium business - in the amount of hundred seventy to two hundred, on the legal entities who are subjects of big business - in the amount of four hundred fifty to five hundred monthly settlement indicators.

3-3. Excess by the consignor of the admissible weight and dimensional parameters set by the legislation of the Republic of Kazakhstan in the course of loading of the vehicle -

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