ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 18, 2017 No. 278

About modification and amendments in the order of the acting minister on investments and development of the Republic of Kazakhstan of October 17, 2014 No. 92 "About approval of provisions of public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" and its territorial authorities"

According to Item 2 of article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" and the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 995 "Some questions of the Ministry for Investments and Development of the Republic of Kazakhstan", I ORDER:

1. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of October 17, 2014 No. 92 "About approval of provisions of public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" and its territorial authorities" (registered in the Register of state registration of regulatory legal acts for No. 9825, published on November 4, 2014 in information system of law of Ad_let) the following changes and amendments:

state preamble in the following edition:

"According to the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 995 "Some questions of the Ministry for Investments and Development of the Republic of Kazakhstan", I ORDER:";

state Item 1 in the following edition:

"Approve enclosed:

1) the Provision of republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 1 to this order;

2) the Provision of republican public institution "Inspectorate of transport control for Akmola area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 2 to this order;

3) the Provision of republican public institution "Inspectorate of transport control for Mangystau Region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 3 to this order;

4) the Provision of republican public institution "Inspectorate of transport control for the Aktyubinsk region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 4 to this order;

5) the Provision of republican public institution "Inspectorate of transport control for the city of Astana" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 5 to this order;

6) the Provision of republican public institution "Inspectorate of transport control for Atyrau area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 6 to this order;

7) the Provision of republican public institution "Inspectorate of transport control for the East Kazakhstan region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 7 to this order;

8) Provision of republican public institution "Inspectorate of transport control for the city of Almaty" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 8 to this order;

9) the Provision of republican public institution "Inspectorate of transport control for Jambyl area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 9 to this order;

10) the Provision of republican public institution "Inspectorate of transport control for the West Kazakhstan region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 10 to this order;

11) the Provision of republican public institution "Inspectorate of transport control for the Karaganda region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 11 to this order;

12) the Provision of republican public institution "Inspectorate of transport control for the Kostanay region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 12 to this order;

13) the Provision of republican public institution "Inspectorate of transport control for Kyzylorda area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 13 to this order;

14) the Provision of republican public institution "Inspectorate of transport control for the Pavlodar region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 14 to this order;

15) the Provision of republican public institution "Inspectorate of transport control for the North Kazakhstan area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 15 to this order;

16) the Provision of republican public institution "Inspectorate of transport control for Almaty region" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 16 to this order;

17) the Provision of republican public institution "Inspectorate of transport control for the Southern Kazakhstan area" of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 17 to this order;

18) the Provision of republican public institution "Sea administration of the ports of Aktau and Bautino of" Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" according to appendix 18 to this order.";

in the Provision of public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" approved by the specified order:

state heading in the following edition:

"Provision of republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan";

state Item 1 in the following edition:

"1. Republican public institution "Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" (further – Committee) is the department of the Ministry for Investments and Development of the Republic of Kazakhstan (further – the Ministry) performing regulating, realizable and control and supervising functions within the competence, and also participating in accomplishment of strategic functions of the Ministry in the field of transport, except for air and pipeline.

The committee has territorial authorities and the organizations according to appendix to this provision.";

state Item 6 in the following edition:

"6. The structure and the number of staff of Committee affirms the Responsible secretary of the Ministry in coordination with the Minister of investments and development of the Republic of Kazakhstan.";

to state heading of Chapter 2 in the following edition:

"2. Main objectives, functions, rights and obligations of Committee";

in Item 12:

2) to exclude the subitem;

3) to state the subitem in the following edition:

"3) development, participation in development, approval and approval of regulatory legal acts within the competence;";

5) to state the subitem in the following edition:

"5) development and approval of technical regulations and standards;";

subitems 8) to exclude 9), 11), 12) and 14);

15) to state the subitem in the following edition:

"15) approval of standard rates of provision of the parcels of land according to project technical documentation and general schemes of development of railway tracks and railway stations;";

the subitem 16) to exclude 17), 18) and 19);

20) to state the subitem in the following edition:

"20) development of checking sheets, criteria for evaluation of degree of risks and forming of lists of selective checks according to the Entrepreneurial code of the Republic of Kazakhstan;";

add with the subitem 21) of the following content:

"21) acceptance based on international treaties of the Republic of Kazakhstan in the field of merchant shipping of the decision on recognition of the classification society performing engineering certification and classification of courts;";

add with the subitem 22) of the following content:

"22) the conclusion of agreements with foreign classification society by determination of powers on survey of courts and conditions of their provision by foreign classification societies;";

in Item 14:

10) to state the subitem in the following edition:

"10) certification about the admission to implementation of the international motor transportations of loads and cards of the admission on vehicles;";

in Item 15:

subitems 5) to exclude 6), 9), 10), 11) and 19);

add with subitems 21) and 22) of the following content:

"21) carrying out audit of safety management system of the participant of transportation process, except for users of services in transportation and operators of cars (containers), according to the procedure, established by Safety rules on rail transport, approved by the order of the Minister;

22) participation in investigation of the crashes, accidents on rail transport in the territory of the Republic of Kazakhstan;";

in Item 16:

16) to state the subitem in the following edition:

"16) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;";

25) and 32) to exclude subitems;

add with subitems 36) and 37) of the following content:

"36) monitoring procedure behind observance of Rules of transportations of passengers, baggage and cargo baggage in the passenger trains going on the territory of the Republic of Kazakhstan along the line;

37) implementation of check of activities of the physical persons and legal entities performing transportation and other activities on rail transport regarding observance by them:

contents of station and main ways of railway system and railroad side tracks, contents, operation and repair of railway vehicles;

Rules of transportations of passengers, baggage and cargo baggage, and also Rules of transportation of goods;

contents, operation and repair of the technical means aimed at safety of movement on rail transport and also artificial constructions and railway crossings;";

state Item 17 in the following edition:

"17. The committee performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Government and orders of the Minister of the Republic of Kazakhstan.";

state Item 20 in the following edition:

"20. The committee is headed by the Chairman appointed to position and dismissed by the Minister of investments and development of the Republic of Kazakhstan";

state appendix according to appendix to this order;

in the provision of public institution "Inspectorate of transport control for Akmola area of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan" approved by the specified order:

state heading in the following edition:

"Provision of republican public institution "Inspectorate of transport control for Akmola area of Committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan";

state Item 5 in the following edition:

"5. The structure and the number of staff of Inspection affirms the Responsible secretary of the Ministry in coordination with the Minister of investments and development of the Republic of Kazakhstan";

to state heading of Chapter 2 in the following edition:

"The main objectives, functions, rights and obligations";

state Item 12 in the following edition:

"12. Tasks of Inspection:

1) participation in forming and realization of state policy in the field of transport, except for air and pipeline;

2) providing within the competence of safety of transport and processes of its lifecycle for life and health of the person and the environment;

3) ensuring the state control and supervision in regulated spheres.";

add with Item 12-1 of the following content:

"12-1. Inspection according to the legislation of the Republic of Kazakhstan performs the following functions:

1) providing within the competence of compliance with laws and other regulatory legal acts of the Republic of Kazakhstan in protection of the state secrets, civil defense, mobilization preparation and mobilization;

2) implementation of information collection about use of transit potential, accounting of traffic load of vehicles, the organization and implementation of transfer of accumulated information in the form of reporting documents of the established form;

3) issue of permissions to driving through the territory of foreign state to carriers of the Republic of Kazakhstan according to the international treaties ratified by the Republic of Kazakhstan;

4) issue of special permissions to driving of domestic and foreign large-size and (or) heavyweight vehicles through the territory of the Republic of Kazakhstan;

5) registration of temporary entrance of foreign vehicles;

6) verification of presence of the transportation agreement when implementing irregular motor transportations of passengers and baggage in the intra republican message;

7) certification about the admission to implementation of the international motor transportations of loads and cards of the admission on vehicles;

8) issue of the certificate on vehicle assumption to transportation of dangerous goods in the international message;

9) issue of permissions to driving through the territory of the Republic of Kazakhstan to carriers of foreign state according to the international treaties ratified by the Republic of Kazakhstan;

10) control of compliance with law of the Republic of Kazakhstan about road transport;

11) control of driving of vehicles through the territory of the Republic of Kazakhstan on posts of transport control, highways public, highways within borders of the cities or other settlements;

12) identification and suppression of implementation by foreign carriers of cabotage transportations on the territory of the Republic of Kazakhstan;

13) control of execution of requirements of authorization system under the organization of the international motor transportations in the territory of the Republic of Kazakhstan according to the international treaties ratified by the Republic of Kazakhstan;

14) control of driving of vehicles through the territory of the Republic of Kazakhstan, including observance by domestic and foreign carriers of the admissible dimensional and weight parameters of vehicles set to the territories of the Republic of Kazakhstan;

15) control of the service centers performing activities for installation and servicing of tachographs;

16) implementation of interaction with state bodies of the Republic of Kazakhstan concerning safety on road transport and highways;

17) issue of the special authority for the move of dangerous goods on the territory of the Republic of Kazakhstan;

18) control of observance by carriers of requirements to the railway vehicles which are carrying out perishable traffics in the international message;

19) control of observance of rules of transportations of passengers and loads, including dangerous goods;

20) control and checks behind safety of movement on rail transport, including on the main, station and access railway tracks;

21) implementation of check of activities of the physical persons and legal entities performing transportation and other activities on rail transport regarding observance by them:

contents of station and main ways of railway system and railroad side tracks, contents, operation and repair of railway vehicles;

Rules of transportations of passengers, baggage and cargo baggage, and also Rules of transportation of goods;

contents, operation and repair of the technical means aimed at safety of movement on rail transport and also artificial constructions and railway crossings;

22) implementation of state registration of railway vehicles and pledge of railway vehicles;

23) control of state registration of railway rolling stock;

24) carrying out audit of safety management system of the participant of transportation process, except for users of services in transportation and operators of cars (containers), according to the procedure, established by Safety rules on rail transport, approved by the order of the Minister;

25) participation in investigation of the crashes, accidents on rail transport in the territory of the Republic of Kazakhstan;

26) monitoring procedure behind observance of Rules of transportations of passengers, baggage and cargo baggage in the passenger trains going on the territory of the Republic of Kazakhstan along the line;

27) implementation of licensing of the separate types of activity or actions which are subject to licensing according to the Entrepreneurial code of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on permissions and notifications;

28) forming of statistical information on violations of safety requirements of movement;

29) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

30) creation within the competence of acts by results of checks and introduction of the instruction about elimination of the revealed violations of requirements of the laws of the Republic of Kazakhstan and other regulatory legal acts, standards and regulations determining procedure for functioning of transport;

31) implementation of suspension and the termination of operation of objects of the high-level railway system, railway tracks and railway vehicles which condition does not meet the established safety requirements of movement and environmental protection;

32) withdrawal of the documents, goods, other property and objects belonging to the legal entity, which were the tool of making or direct object of administrative offense, found on site making of administrative offense or when carrying out survey of the territories, rooms, vehicles, goods, other property and objects belonging to the legal entity;

33) implementation of technical supervision of the courts which are subject to state registration in the ship book;

34) check of activities of the physical persons and legal entities performing transportation and other activities on water transport regarding observance of the legislation of the Republic of Kazakhstan by them;

35) control and supervision of the conclusion by carrier of the agreement of compulsory insurance of civil responsibility of carrier to passengers in the field of inland water transport;

36) carrying out within the competence of survey of the territories, rooms, goods, other property belonging to the legal entity and also verifications of the relevant documents;

37) implementation of the state control and supervision of observance by physical persons and legal entities of requirements of regulatory legal acts, the international treaties of the Republic of Kazakhstan determining procedure for functioning of transport, identification and taking measures to suppression of their violations;

38) creation within the competence of acts by results of checks and introduction of instructions about elimination of the revealed violations of the law of the Republic of Kazakhstan, standards and regulations determining procedure for functioning of water transport;

39) implementation of state registration of courts, including small size vessels, rights to them, issue of the relevant ship's papers, maintaining the State ship register, ship book and register of leased foreign vessels;

40) certification and certification of faces of command structure of the courts which are subject to state registration in the State ship register of the Republic of Kazakhstan;

41) carrying out survey of the courts, rafts and other floating objects and constructions located on inland waterways on their compliance to requirements of safety of operation of courts;

42) discharge from management of boatmasters of the small size vessels which are in condition of alcoholic, drug and inhalant intoxication and the direction them on medical examination;

43) implementation of carrying out technical supervision of small size vessels;

44) control and supervision of observance of rules of in-land navigation by physical persons and legal entities;

45) detention of the ships (including undersized), rafts and other floating objects which are not conforming to requirements of safety of operation of courts;

46) suspension and prohibition of movement of courts (including undersized), rafts and other floating objects in the presence of safety hazard of operation of courts, to life and human health, safety of loads;

47) conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, according to Rules of conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways, approved by the order of the Minister;

48) control and supervision in the field of inland water transport;

49) maintaining register of operators of technical inspection;

50) implementation of the state control of observance of procedure for carrying out obligatory technical inspection of motorized vehicles and trail cars to them operators of technical inspection;

51) implementation of other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, the Government and orders of the Minister of the Republic of Kazakhstan.";

state Item 13 in the following edition:

"13. Rights and obligations of Inspection:

Inspection:

Requests 1) and receives necessary information and materials from state bodies, the organizations, their officials and physical persons;

2) is checked by activities of the physical persons and legal entities performing transportation and other activities on transport, except for air and pipeline;

3) considers questions of administrative offenses within the competence;

4) constitutes protocols, performs production on cases on administrative offenses according to the legislation of the Republic of Kazakhstan on administrative offenses;

5) is performed by administrative detention of physical person, detention of the vehicle, makes personal inspection and examination of the things which are under physical person, examination of vehicles;

6) within the competence performs inspection of the territories, rooms, goods, other property belonging to the legal entity and also verification of the relevant documents;

7) makes in state bodies offers on measures for the prevention of transport incidents, violations of method of operation of transport, except for air and pipeline;

8) stops vehicles on posts of transport control, highways public, highways within borders of the cities or other settlements;

9) within the competence draws up statements by results of checks and to introduce instructions about elimination of the revealed violations of requirements of the laws of the Republic of Kazakhstan and other regulatory legal acts, standards and regulations determining procedure for functioning of transport except air and pipeline;

10) uses special technical means of communication, special water transport and special motor transport, and also uses staff and whistle when implementing the functions;

11) involves the corresponding specialists to participation in examinations in the questions carried to competence of authorized body;

12) performs other rights provided by the current legislation.

Belong to duties of Inspection:

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