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On Roads And Road Activity

Original Language Title: Об автомобильных дорогах и дорожной деятельности

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On roads and road activities (statements of the Mejlis of Turkmenistan, 2013, no. 1, art. 5) this law defines legal, economic and organizational foundations of regulation of relations connected with the use of roads, as well as the implementation of road activities.
 
Section i. General provisions Chapter 1. The main provisions of Article 1. The basic concepts used in this law for the purposes of this Act, the following basic concepts are used: 1) road-transport infrastructure object designed for vehicles with established speeds, loads and dimensions, which includes land within the boundaries of a strip of Highway drainage.
Components of a highway within the boundaries of the strips are structural elements, drainage protection and artificial road constructions, Interior elements. Components of the road outside the Strip, are objects of road service, industrial objects, linear houses, as well as other linear structures designed to perform repairs, maintenance and safety of highways;
2) structural elements of the road-earthy canvas, road base and pavement of the highway;
3) layout elements of the road-traffic signs, guardrails, traffic lights and other traffic control devices, recreational, served, walkways, sidewalks, objects that are designed for the lighting of roads, lookouts, paras. weight and dimensional control of vehicles, toll charges, parking of vehicles;
4) strip of Highway drainage-plots of land for the road, its structural elements, protective and artificial road constructions, elements of a settlement road;
5) embankments road-land adjacent to the Strip on both sides of the road and drainage within the boundaries that are set to a special regime of their use in order to ensure its safety requirements, the road traffic safety, as well as create the conditions for reconstruction, major, intermediate and minor repairs, maintenance of the highway;
6) reconstruction of road-works complex, which is carried out by changing parameters of the road, its sections, resulting in a change in the category of the highway;
7) overhaul of the road-a complex of works on replacement and (or) structural elements of road restoration, protective, artificial road constructions, elements and (or) their parts, which are affected by structural and other characteristics of the reliability and safety of the highway;
8) average repair of road-works on renovation of road wear layer with simultaneous correction of all types of deformation and destruction of road coverings, protective, artificial road constructions, elements and (or) their parts;
9) current repair of road-works on renovation of transportation and operation characteristics of the road that are not affected by construction and other characteristics of the reliability and safety of the highway;
10) artificial road constructions are structures designed for the movement of vehicles and pedestrians through the natural and other obstacles. The main artificial road constructions include bridges, overpasses, tunnels, overpasses, ground and underground pedestrian crossings;
11) protective structures — the elements of landscaping, protivoselevye and snow structures, as well as devices from moving sands;
12) production facilities-buildings used in major, medium, and maintenance of the highway, as well as linear structures and facilities, to ensure the functioning and safety of highways;
13) road work-activity on designing, construction, reconstruction, implementation of major, intermediate and minor repairs, maintenance of roads, including defence, artificial road constructions, Interior elements, as well as the manufacture of building materials, structures and products necessary for the implementation of road activities;
14) Road service objects-buildings, structures, buildings and other objects intended for maintenance of road users along the way. The main objects of the road service include gas stations, bus stations, bus stations, hotels, campings, motels, catering, service stations, as well as necessary for their functioning objects (including parking of vehicles) with the upgrading of the adjacent territory.
 
Article 2. The goals and objectives of this law 1. The objectives of this law are: 1) lay the foundations for the functioning of the roads, the implementation of road activities for road users;
2) supporting the implementation of the newest technologies and standards in the field of roads and road activities implementation;

3) improvement of the investment climate in the field of roads and road implementation activities.
2. The objectives of this law are: 1) the development of roads, improvement of their transportation and performance;
2) ensure effective and fair competition in the sphere of road activities;
3) integration of roads into the international transport network.
 
Article 3. Turkmen legislation on highways and road activities 1. Turkmen legislation on highways and road activities based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 4. State policy in the field of roads and road activities public policy in the field of roads and road activities aimed at ensuring: 1) security, protect the life and health of people on the roads;
2) equality of natural persons and legal persons when using roads;
3) equality of legal entities and natural persons carrying out business activity without establishment of legal entity-individual entrepreneurs, in the implementation of road activities;
4) improving transport infrastructure.
 
Article 5. Standardization and ensuring the uniformity of measurements in the field of roads and road activity standardization and ensuring the uniformity of measurements in the field of roads and road activities are carried out in accordance with the legislation of Turkmenistan.
 
Chapter 2. State regulation and control in the field of roads and road activities Article 6. Authorities exercising State regulation and control in the field of roads and road activities 1. Bodies exercising State regulation and control in the field of roads and road are the Cabinet of Ministers of Turkmenistan, State concern «Turkmenavtoëllary» (hereinafter referred to as the authorized body).
2. public administration in the field of roads and road activity is carried out by the Cabinet of Ministers of Turkmenistan, the notified body, local executive bodies and local authorities, ministries and departments.
 
Article 7. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the field of roads and road work;
2) publishes the normative legal acts of Turkmenistan in the field of roads and road work;
3) alleges: (a)) the State programme for the development of roads;
(b)), the rules of formation and implementation of the unified State Register of roads;
ç) temporary procedure for limiting or preventing the movement of vehicles on the roads;
d) Order of passage of large and heavy motor transport by road;
e) calculation and the use of cash contributions for construction, reconstruction, overhaul, medium, current repairs and maintenance of motor roads;
ä) rules for the use of roads;
f) rules for assigning identification numbers to roads;
(g)), the rules establish and use roadside strips of highways;
4) coordinates the activities of bodies of State power and administration and local self-government bodies in the field of roads and road work;
5) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 8. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the field of roads and road work;
2) adopts the normative legal acts in the field of roads and road work;
3) oversees the preservation of roads in his custody;
4) ensures compliance with the requirements of the normative documents for standardization in the implementation of the design, construction, reconstruction, overhaul, medium, repair and maintenance of highways under his jurisdiction;
5) carries out the Organization of works on the construction, reconstruction, overhaul, medium, the current repair and maintenance of highways under his jurisdiction;
6) designs: a) the State programme for the development of roads;
(b)), the rules of formation and implementation of the unified State Register of roads;
  ç) temporary procedure for limiting or preventing the movement of vehicles on the roads;
d) Order of passage of large and heavy motor transport by road;
e) calculation and the use of cash contributions for construction, reconstruction, overhaul, medium, current repairs and maintenance of motor roads;
ä) rules for the use of roads;
f) rules for assigning identification numbers to roads;
(g)), the rules establish and use roadside strips of highways;
7) claims Technical rules of conduct repair and maintenance of motor roads;

8) cooperates with State authorities, local self-government bodies in the field of roads and road work;
9) carries out licensing in the area of road activities;  
10) assigns identification numbers and names of roads under its control;
11) leads the unified State Register of roads;
12) carries out international cooperation and represents the interests of Turkmenistan in international and interstate relations in the field of roads and road work;
13) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 9. The competence of the local authorities and local authorities, ministries and departments of local executive bodies and local self-government bodies, ministries and agencies: 1) participate in the implementation of a uniform State policy in the field of roads and road work;
2) are normative legal acts in the field of roads and road work;
3) oversee the preservation of roads within their jurisdictions;
4) ensure compliance with the requirements of the normative documents for standardization in the design, construction, reconstruction, repair and maintenance of roads within their jurisdictions;
5) Organization construction, reconstruction, overhaul, secondary, maintenance and upkeep of roads within their jurisdictions;
6) accounting of roads under their control, represent information about them to the authorized body;
7) perform other functions referred to their competence, legislation of Turkmenistan.
 
SECTION II. ROADS Chapter 1. General provisions Article 10. Classification of roads 1. Roads on its amenities are divided into highways, administered by an authorized body, local authorities and local government bodies, ministries and agencies.
2. Roads, administered by an authorized body, depending on the functional values are divided into road State and local values.
The roads of national significance include roads connecting: 1) administrative regions and districts centers among themselves and with the capital of Turkmenistan;
2) major transport hubs (sea and river ports, airports, railway stations, bus stations), as well as special facilities of State importance.
The roads of local significance include roads connecting: 1) towns, villages between themselves and with the administrative centres of etrap regions;
2) towns, villages and districts administrative centers with roads of national significance.
3. In accordance with the international treaties of Turkmenistan state highways and local values can be included in the list of international highways.
4. Road, administered by the local authorities and local self-government, are the streets and roads of towns and other settlements.
5. roads administered by ministries and agencies (hereinafter referred to as the departmental road), are roads used by them and (or) their enterprises and organizations in order to ensure economic activity.
6. Roads depending on traffic are divided into five categories. Classification of the highway to the appropriate category depends on the transportation and operation characteristics of the roads in the manner prescribed by the building codes.
 
Article 11. Ownership of roads roads in Turkmenistan are State-owned.
 
Chapter 2. Name, number and calculation of length of highways Article 12. Identification number and name of Highway 1. Roads must have ID and name.
2. the identification number of the road consists of the letters of the alphabet and digits that appear on the informative road signs and maps.
3. the name of the road includes the names of her starting and ending locations within Turkmenistan and, if necessary, the names of the intermediate towns.
4. The rules for assigning identification numbers to roads approved by the Cabinet of Ministers of Turkmenistan.
 
Article 13. Single State Register of roads 1. Single State Register of roads is a national information resource and contains information about roads.
2. the rules of formation and implementation of the unified State Register of roads, the procedure for providing information, contained therein, approved by the Cabinet of Ministers of Turkmenistan.  
 
Article 14. Calculation of length of Highway 1. The length of the road is calculated from initial settlement until the final settlement or to the State border of Turkmenistan.

2. The length of road within the village is calculated from the starting point to the ending point of the highway on its central axis.
3. For a conventional starting point and a conditional reference endpoint longest road taken: 1) mark zero kilometers of roads, installed in the capital of Turkmenistan, for highways that begin in the capital of Turkmenistan;
2) separate postal building, organ of State power and administration, local authority or other building or structure is located in the center of the village, the road connecting cities;
3) intersection of highways for automobile road connecting among themselves other roadways or adjacent thereto;
4) the boundaries of the geographical, historical and other objects for the highway, which connects the specified objects.
 
Chapter 3. Article 15 use of roads. Rules for the use of roads to ensure the safety of roads and road safety notified body developed rules for the use of roads, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 16. Tolls on roads heavy and oversized vehicles 1. Movement by road vehicles, total weight, axle load and the dimensions of which exceed norms is accomplished only with a special permit issued by the relevant authority in accordance with the established procedure in the field of road safety.
2. For vehicles with a total mass, axle load and the dimensions of which exceed the established rules, fee payment, which does not exempt the road users from compensation of the caused damage (harm) caused by overweight and oversized vehicles when travelling by road.
3. The charging of tolls of heavy and oversized vehicles when travelling by road is carried out in accordance with the procedure for passage of large and heavy vehicles on roads.
 


Article 17. The fee for the passage of vehicles by road 1. On the roads, including the artificial road constructions, providing increased speed and safe mode of movement of vehicles, may be charged for driving on these roads.
2. The road may be applicable throughout its duration or its sites, including sites for artificial road constructions.
3. Toll roads operated by the relevant bodies may be referred to them for exploitation of legal entities or natural persons involved in business activity without establishment of legal entity-individual entrepreneurs in accordance with the legislation of Turkmenistan.
4. the decision on the designation of the highway, including an artificial road constructions to be paid, shall be adopted by the Cabinet of Ministers of Turkmenistan on the basis of the feasibility study submitted to the authority, which has jurisdiction over the road.
 
Article 18. Temporary limitation or cessation of movement of vehicles by road 1. Temporary limitation or cessation of movement of vehicles on the roads can be made in cases of conduct repair and construction works, the emergence of a threat to road safety.
2. Temporary limitation or cessation of movement of vehicles on the roads is carried out in a manner approved by the Cabinet of Ministers of Turkmenistan.
 
 
SECTION III. ROAD WORK Chapter 1. General provisions Article 19. Development planning and implementation of road traffic activities 1. Development planning of roads is carried out in accordance with the development plans of roads in Turkmenistan.
2. Road work on the roads of State and local values is carried out by the notified body.
3. Road work on the roads managed by the local authorities and local government bodies, local authorities and local self-government.
4. Road work on departmental roads is carried out by the relevant ministries and departments.
 
Article 20. Road traffic Licensing activities licensing activities carried out by the notified body in accordance with the legislation of Turkmenistan.
 
Article 21. Financing of road activities 1. Financing road activity on the roads under the control of the authorized body, shall be carried out at the expense of the State budget of Turkmenistan, as well as at the expense of funds earmarked in accordance with the procedure for the calculation and use of funds for construction, reconstruction, overhaul, medium, current repairs and maintenance of motor roads.

2. Financing of road activities in respect of roads administered by the local authorities and local self-government is carried out at the expense of local budgets.
3. Financing of road activities in relation to departmental roads is carried out at the expense of the relevant ministries and departments.
4. Financing of road activities in respect of toll roads is carried out at the expense of the bodies, which they are.
5. Financing of road operations in respect of the roads referred to in paragraphs one-fourth of this article may also be due to other sources not prohibited by Turkmen law.
 
Chapter 2. Designing, construction, reconstruction, repair and maintenance of motor roads Article 22. Provision of land plots for construction, reconstruction of motor roads and provision of land plots for construction, reconstruction of roads is carried out in accordance with the land legislation of Turkmenistan.
 
Article 23. The strip of road drainage 1. Border strip of Highway drainage shall be determined on the basis of the design documentation of the highway in the light of her categories, in accordance with established construction standards on land set aside.
2. the boundaries of the drainage of the highway lanes, except for the cases stipulated by the legislation of Turkmenistan shall not be permitted: 1) the works are not associated with the construction, reconstruction, repair, maintenance of the highway, as well as the placement of road service facilities;
2) placement of buildings, structures and other objects that are not intended for road maintenance, construction, reconstruction, repair, maintenance and road service objects;
3) execution of agrotechnical works, damage of green plants, removing turf and excavation, except maintenance of Highway drainage strip or road repair;
4) installation of advertising constructions, not satisfying the requirements of the normative legal acts of Turkmenistan in the field of road safety;
5) installing information boards and pointers, not related to road safety or road work;
6) laying engineering communications.
 
Article 24. Embankments of roads To highways, except for roads, located in towns, installed embankments. Rules for the establishment and use of roadside strips of highways are determined by the Cabinet of Ministers of Turkmenistan.  
 
Article 25. Project-estimate documentation on the building, reconstruction, major repairs of roads 1. Preparation of design estimates for construction, reconstruction, major repairs of roads is carried out by design organisations in accordance with the legislation of Turkmenistan.
2. project-estimate documentation developed for the construction, reconstruction, repair of roads, subject to public examination in the manner prescribed by the legislation of Turkmenistan.
 
Article 26. Construction, reconstruction and repair of roads construction, reconstruction, overhaul, medium, maintenance of roads is carried out in accordance with the legislation of Turkmenistan.
 
Article 27. Maintenance of motor roads 1. Maintenance of motor roads is carried out in order to ensure the smooth movement of vehicles on the roads, the establishment of safe traffic conditions, ensure the safety of roads.
Roads content refers to examination and diagnosis of roads conducting complex of works on systematic care of road surfaces, runway shoulders, slopes, structures and diversion of the highway.
2. survey and diagnosis of highways being implemented to assess the conformity of transport-road performance requirements, as well as to substantiate the feasibility of reconstruction, major, medium and (or) maintenance of roads and determine the amounts of money required for these purposes.
3. Maintenance of motor roads is carried out in accordance with the technical rules of conduct repair and maintenance of motor roads.
 
Article 28. Provision of Highways road service objects 1. When designing the construction and reconstruction of highways must be provided for the placement of objects within a strip of road service road drainage.   
2. Location of road service is carried out in accordance with the legislation of Turkmenistan. Road service objects should not impair the visibility on the road or otherwise affect road safety.
 
SECTION IV. The rights and obligations of users of HIGHWAYS and ROAD AUTHORITIES Chapter 1. Basic rights and obligations of users of highways Article 29. The fundamental rights of users of highways Road Users are entitled to:

1) use the road to transport passengers, cargoes, as well as for their own needs;
2) compensation (injury), caused their life, health or property as a result of the violation of the requirements of traffic safety, in the manner prescribed by the legislation of Turkmenistan;
3) receive information about the routes of vehicles on the roads, traffic temporary restriction or termination of traffic.
 
Article 30. The main duties of road users 1. Road users are obliged to: 1) carefully use highway;
2) use vehicles, construction and the technical condition of which meet the requirements of normative documents on Standardization;
3) to observe cleanliness on the roads;
4) notify the road authority or appropriate body in the field of road traffic safety violations identified obstacles to safe traffic;
5) indemnify (injury) incurred through no fault of their own road;
6) to run through roads only in designated places.
2. users shall not use road vehicles with mobile lugs, spurs, studs, chains and other items and devices detrimental to (harm) constructive elements and elements of Interior roads, except for the cases stipulated by the legislation of Turkmenistan.
 
Chapter 2. Fundamental rights and duties of road authorities Article 31. Fundamental rights of road authorities 1. Road authorities are the competent organ, its enterprises and organizations as well as enterprises and organizations, administered by the local authorities and local government bodies, ministries and departments involved in road work.
2. Road authorities have the right to: 1) time limitation or cessation of movement of vehicles when carrying out repair and construction works with notification to the local authorities and local governments and road users in accordance with the requirements established by the legislation of Turkmenistan;
2) exercising control within the limits of its competence, compliance with road users the requirements established by the legislation of Turkmenistan, as well as the terms of use of roads.
3. Road authorities, together with the relevant authority in the field of road safety have the right to demand the breeding beyond road vehicles, damaging structural elements or polluting road layout elements, or large and (or) heavy vehicles without special travel permits issued in accordance with the legislation of Turkmenistan.
 
Article 32. The main responsibilities of Road Traffic authorities bodies are obliged to: 1) inform road users on the timing of road repair and possible detour routes;
2) reimburse users of highways damage (injury) incurred to their life, health or property as a result of the violation of the requirements of traffic safety, in the manner prescribed by the legislation of Turkmenistan;
3) contain in technically serviceable and sanitary condition of contiguity to roads and entrances thereto, to clean up debris, mud, sand, snow;
4) prevent the storage of materials and structures in a strip of road drainage, which impairs visibility and worsens traffic safety, as well as on highways work involving inflammable and other substances that could affect adhesion reduction road vehicles;
5) contain serviced roads and structures on them in a State that ensures uninterrupted and safe passage of vehicles and to comply with the environmental legislation of Turkmenistan;
6) study the causes of road accidents caused by road conditions, and take measures to prevent them.  
 
Title v. FINAL PROVISIONS Article 33. Liability for violation of this law persons guilty of violating this law bear responsibility, established by the legislation of Turkmenistan.
 
 
Article 34. Settlement of disputes disputes arising in the field of roads and road activities shall be settled in the manner prescribed by the legislation of Turkmenistan.
Article 35. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Normative-legal acts of Turkmenistan are subject to adjustment in accordance with this Act in the three-month period from the date of its entry into force.
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 2, 2013 year no. 376-IV.