The Agreement On International Cooperation. Road Transport In Belarus

Original Language Title: Dohoda o mezinár. silniční dopravě s Běloruskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44440&nr=253~2F1996~20Sb.&ft=txt

253/1996 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 29 April. May 1996 was in

Budapest agreement signed between the Government of the United Kingdom and the Government of

The Republic of Belarus on international road transport.



The agreement on the basis of article 14, paragraph 1. 1 entered into force on 16.

August 1996.



The Czech version of the agreement shall be published at the same time, in the English version, which is

for its interpretation of the applicable, can be consulted at the Ministry of foreign

Affairs and the Ministry of transport.



The AGREEMENT



between the Government of the United Kingdom and the Government of the Republic of Belarus on the international

road transport



The Government of the United Kingdom and the Government of the Republic of Belarus (hereinafter referred to as "the Contracting

the parties "), desiring to promote mutually advantageous development of trade and

economic relations and to facilitate and regulate the international road

transport of persons and goods between the Czech Republic and the Republic of Belarus

transit through their territory, have agreed as follows:



Article 1



(1) the provisions of this Agreement shall apply to the international road transport

persons and goods between the Czech Republic and the Republic of Belarus

transit through their territory by carriers of both Contracting States

parties who are authorized under national laws

the laws of the States of the Contracting Parties.



(2) the competent authority of the Contracting Party for the purposes of this agreement are:



-in the case of the Czech Republic-Ministry of transport



-in the case of the Republic of Belarus-Ministry of transport and communications.



PASSENGER TRANSPORT



Article 2



(1) a personal right under this agreement is the right of persons and their baggage

buses in return for payment or for its own account. Also includes an empty drive

related to this service.



(2) the concept of "up" means any motorised road vehicle designed

for the carriage of passengers, which has in addition to space for the driver more than eight places to

seating.



Article 3



(1) the term "regular bus service" means of transport, where the

transport shall be carried out after the advance approved route, according to previously approved

timetable and fare of the fare, passengers being picked up and

stand out in the places of departure and arrival, as well as on approved

intermediate stops.



(2) any regular bus line between the States of the Contracting Parties, as well as

and transit through their territory must be enabled by mutual agreement

the competent authorities of the Contracting Parties.



(3) the application for authorisation shall be made to the competent authority of the State of the contracting carrier

the party in which the vehicle is registered.



(4) the request referred to in paragraph 3 shall contain at least the following information:



and the name of the carrier and his) full address,



(b)) the mode of transport,



(c) the period of validity of the permit),



(d)) and the number of journeys during operation (e.g., daily, weekly),



e) timetable,



(f)) route line (all the stops for boarding and alighting of passengers

border crossings)



g) length of the route for a ride there and back,



h) driving time and rest periods for drivers,



I) fare and tariff conditions,



j) number of seats on the bus.



(5) the competent authority of the Contracting Party referred to in paragraph 3 shall transmit the request to

all the prescribed information, and with their opinion, to the competent authority of the other

the Contracting Parties, which shall decide in accordance with national laws

regulations for the issue of authorisations for regular services on the part of the territory of their

State.



(6) the authorisation may be granted for a maximum period of five years and his

force may be in agreement of the competent authorities of the Contracting Parties

extended.



Article 4



(1) for the purposes of this agreement "shuttle service" means the services which

groups of passengers assembled in advance are carried several journeys

back and forth, from the same area of departure in the territory of one Contracting Party

to the same target area on the territory of the other Contracting Party or of a third

State. The same group of passengers that were transported to the destination

the area must be later transported back to the starting area. The default and

the target area includes the place of departure and place of destination, as well as space

lying within a road distance of 50 km. shuttle service

includes in addition to transport groups of passengers at the place of accommodation

destination. The first ride back and last there must be empty.



(2) each shuttle shall be allowed by the competent authority of the other

the Contracting Parties. The application for authorisation shall be submitted to the competent authority

the Contracting Party where the vehicle is registered. Must be submitted to the

no later than 30 days before the requested date of commencement of the shuttle.



(3) the request for authorisation referred to in paragraph 2 of this article shall contain the

name of the carrier and his full address, number of trips, and the date of each of them and

the route, vehicle registration plates of all the buses to be used

for shuttle service in question, and confirmation concerning the place

accommodation and period of stay.



(4) the competent authorities of the Contracting Parties shall exchange an agreed number of permits

for shuttle service referred to in paragraph 2 of this article.



(5) the Joint Commission, established in accordance with article 13 of this agreement, you may

agree on the details of the authorisation procedure, forms,

surveillance documents, etc.



Article 5



(1) ' occasional passenger transport "includes all other transport than

they are the transport referred to in articles 3 and 4 of this agreement.



(2) the Occasional passenger transport between the States of the Contracting Parties, or

transit via their territory is not subject to an authorisation scheme, if it is a

the following cases:



and transport, in which) is the same bus used to transport the same

a group of passengers throughout the journey that is brought back to the place

departure ("driving with closed doors"),



(b)), in which the transport carrier of one Contracting Party to bring a group

passengers on the territory of the other Contracting Party and the bus will leave this

the territory is empty.



(3) the Occasional passenger transport, which does not correspond to the provisions of paragraph

2, shall be subject to authorization by the competent authority of the other Contracting Party. The request for

authorisation shall be submitted to the competent authority of the Contracting Party where they are

registered vehicles, no later than 30 days before the required beginning

occasional services.



(4) the request referred to in paragraph 3 shall include the name of the carrier, its full

address, mode of transport, the number of journeys, the date of each of them and their breakdown and

vehicle registration plates of all the buses used for occasional services

transport.



(5) the competent authorities of the Contracting Parties exchange an agreed number of

authorisation for the occasional transport referred to in paragraph 3 of this article.



(6) the Joint Commission can reconcile control documents for

occasional passenger transport.



FREIGHT TRANSPORT



Article 6



(1) a carrier of one Contracting Party would have the authorisation of the competent authority

the other party to engage in international road freight

transport to and from the territory of the other party, or transit via

This territory, with the exception of the cases referred to in article 7.



(2) the authorisation may only be used by the carrier to whom it was issued. Applies

for the use of a motor vehicle or a coupled combination of vehicles, without trailer

(articulated or road), regardless of the State of registration of the towed

a semi-trailer or a trailer.



(3) a single authorisation allows one ride back and forth on the territory of the State

the other Contracting Party, including the transport of cargo, or back one

a transit journey there and one transit journey back through this territory.



(4) the authorisation may only be used for the carriage of cargo between the State second

the Contracting Parties and a third country, provided that the use of the usual

the path crosses the territory of the Contracting Party in which the

registered motor vehicle. In other cases, requires special

(třetizemní).



(5) for the carriage of goods between two points within the territory of the other Contracting State

a special permit is required by the competent authority of that Contracting

party.



Article 7



The authorisation referred to in article 6, paragraphs 1 and 4 of this agreement, do not require

for:



and transport costs) motor vehicles whose permissible total

weight, including trailers, does not exceed 6 tonnes, or when the useful

weight, including trailers, does not exceed 3.5 tonnes,



(b) the carriage of migratory habits) conducted by firms having for these

the purpose of the special staff and means of transport,



c) transport of objects and equipment for theatre, film, circus, or

musical performances or sporting events, exhibitions or fairs, or

for radio, television, or film, where these are

articles and equipment being imported or exported temporarily,



(d) the transport of corpses and ash) of deceased,



e) transport of postal items,



(f) the transport crashed or broken) vehicles



(g) the transport of humanitarian consignments needed) in emergency situations,

especially during natural disasters,



h) transport downstream of combined transport. The range of road network

provides for the Joint Commission.



Article 8



(1) the authorisation referred to in article 6, paragraphs 1 and 4 of this agreement will be

allocated as follows:



and) the Czech permits will be issued by the Belarusian carriers for vehicles

registered in the Republic of Belarus Ministry of transport and communications

The Republic of Belarus or its designated authority,



(b) permit will be issued of Belarus) Czech carriers for vehicles

registered in the Czech Republic, the Ministry of transport of the Czech Republic

or its designated authority.




(2) the Joint Commission shall make arrangements for the annual number of and types of authorisation for each

Contracting Party with regard to the development of economic relations and the need to

foreign trade of both Contracting Parties. To this end, the competent

authorities shall exchange the necessary numbers of the licence forms.



(3) the Joint Commission agreed the contents and form of each type of permit.



Article 9



(1) as regards the weight and dimensions of vehicles, the two Contracting Parties undertake to

Parties that do not apply to vehicles registered in the State of

of the other party more stringent conditions than those applicable to

vehicles registered in their own State.



(2) if the weight or dimensions of the vehicle or combination of vehicles

exceeding the allowable limit of effecting carriage in the State of the Contracting Parties,

It is necessary to obtain a special permit before the shipment from

the competent authority of that Contracting Party.



(3) the Contracting Parties shall inform each other about competent authorities referred to in

of paragraph 2.



GENERAL PROVISIONS



Article 10



(1) vehicles which are registered in the State of one Contracting Party and

carry out international cargo transport to or through the territory of the State of the second

the Contracting Parties to enable contingent within the agreed pursuant to article

8 or the transport referred to in article 7, are reciprocally exempted from all

taxes and administrative fees, with the exception of the cases referred to in paragraph 2

This article.



(2) the exemption referred to in paragraph 1 shall not apply to:



and the tax included in the price) of fuel,



(b)) the fees relating to the same extent to vehicles registered in

States of both parties for the use of some sections and categories

roads, bridges, tunnels or ferry



(c)), the administrative charges relating to the carriage referred to in article 9,



(d)) tax included in the price of repair of the vehicle, if the repair is carried out in

the State of the other Contracting Party.



(3) the exemption provided for in paragraph 1 shall not apply also to international

road freight transport to be performed on the permits issued over the conventional

contingent in accordance with article 8.



(4) fuel contained in the ordinary fixed by the manufacturer on the vehicle

built-in fuel tanks shall be exempt from customs duties, taxes, and

charges levied on importation.



(5) the spare parts imported temporarily to another State, that are designed

to correct the already imported vehicles are exempt from customs duties, taxes and

charges levied on importation.



Article 11



(1) in addition to the provisions of this Agreement shall be the carrier of both States and the crew

their vehicles comply with the national laws of the other Contracting Party and

provisions in force in that State, including relevant customs legislation and

all the relevant international and multilateral agreements binding on both

the Contracting Parties.



(2) this Agreement shall not affect the rights and obligations of each party,

which arise from other agreements in force on the territory of the Contracting

party.



(3) the permit and other necessary documents required under this Agreement shall

be in the vehicle to which they relate and shall be presented at the request of the

any institution of a Contracting Party who is authorized to request.



Article 12



(1) in the case of serious or repeated infringements of the provisions of this

the agreement, as well as other national legislation in force in the

the second State carrier or a crew of his vehicle, the competent authority

the State in which the vehicle is registered, at the request of the competent authority

the State in which the violation has occurred, take the following measures:



and to grant the carrier alert) or



(b) temporarily) suspend, partially or completely, the carrier permission to perform

transportation on the territory of the other Contracting Party.

The measures referred to in subparagraph (b)) this article may only be saved whether or not competent

authority of the Contracting Party in whose territory the infringement occurred.



(2) the competent authority that he has made one of the measures referred to in paragraph

1, it shall inform the competent authority of the other Contracting Party.



(3) the provisions of this article shall not exclude the recourse that may be granted

by a court or other competent authority of the State in whose territory the infringement

national law occurred.



Article 13



(1) the competent authorities of the Contracting Parties creates a Mixed Commission. Mixed

the Commission will, in addition to the tasks referred to in the foregoing articles of this agreement,

supervise the correct implementation of the provisions of this agreement and propose

the Contracting Parties of measures to improve and facilitate road transport

operated pursuant to this agreement.



(2) the Joint Commission shall meet at the request of the competent authority

any of the Contracting Parties, and this meeting will be held alternately in

the territory of one of the two States.



(3) all matters relating to the interpretation or implementation of this agreement

will be discussed at the hearing of the above Mixed Commission. If Mixed

in the present case, the Commission does not find a solution, the matter shall be dealt with

the conduct of both parties.



Article 14



(1) this Agreement shall be subject to approval in accordance with the national legal

regulations in force in the States of the Contracting Parties and shall enter into force on the thirtieth

the day after an exchange of diplomatic notes between the Contracting Parties, that this

the approval confirms. On the day of exchange of notes shall mean the date of the later of them.



(2) the agreement is concluded for an indefinite period. Each Contracting Party may

terminate this agreement in writing to the other party with

six months ' notice. In this case, the entry into force of this agreement

six months after the date of delivery of the diplomatic notes to the other Contracting

side.



Done at Budapest on 29. May 1996 in two original copies,

every in Czech, Belarusian and English languages, all texts

they are equally authentic. In case of any conflict in interpretation is for the

English text is considered crucial.



For the Government of the United States:



Ing. Ivan Foltýn in r.



Deputy Minister of transport



For the Government of the Republic of Belarus:



Aleksandr Vasilyevich Lukašov in r.



Minister of transport and communications