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On Road Transport

Original Language Title: Об автомобильном транспорте

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On road transport (statements of the Mejlis of Turkmenistan, 2013, no. 1, art. 6) of this law establishes the legal, economic and organizational foundations for the functioning of motor transport.
 
CHAPTER 1. GENERAL PROVISIONS Article 1. The basic concepts used in this law for the purposes of this Act, the following basic concepts are used: 1) motor vehicle (hereinafter vehicle)-vehicle (single or composition of several vehicle units) powered engine and intended for the carriage of passengers, cargo or equipment, as well as perform other types of work;
2) car carrier (hereinafter referred to as the carrier) is a natural or legal person performing road transport (hereinafter referred to as the trucking) passengers, cargo on the grounds established by the legislation of Turkmenistan;
3) automobile transport-means of transport, on which carriage of passengers and goods are carried out using vehicles and communications vehicles;
4) customer trucking-natural or legal person carrying out an order for road transportation of passengers, cargo, as well as to other types of works;
5) communication road transport-roads, terminals and other facilities that are used when you run the road transportation of passengers, cargo vehicles, and intended for maintenance and service of vehicles;
6) carryon-things and other property of the passenger, not forbidden by its properties, size and weight to be transported in passenger vehicle and transported under the responsibility of the passenger.
7) baggage-things and other property of the passenger, not forbidden by its properties, size and weight to trucking in the luggage compartment of a passenger vehicle, and transported avtoperevozčikom under his responsibility;
8) a passenger is a person who makes a journey based on the ticket (hereinafter travel document) or other legal grounds;
9) load-wealth or material subsistence avtoperevozčikom measures adopted in accordance with the established procedure to deliver them at destination;
10) the shipper is the natural or legal person on whose behalf the shipment shall be prepared;
11) consignee means a natural or legal person authorized to receive the goods under the contract trucking cargo or other legitimate reasons.
 
Article 2. Turkmen legislation on road transport 1. Turkmen legislation on road transport is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. This law shall apply to relations between natural and legal persons on the use of road transport unless otherwise stipulated by the legislation of Turkmenistan.
3. 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 3. Basic principles of functioning of the basic principles of road transport road transport operation are: 1) security, protection of human life and health, environmental protection Wednesday;
2) equality of rights of natural and legal persons in connection with the service of road transport;
3) freedom of choice of works and services in the field of road transport.
 
Article 4. Tariffs for services in the field of road transport 1. Tariffs for urban routes in regular mode of passenger transport are established by the Cabinet of Ministers of Turkmenistan.
2. Tariffs for cargo transportation services performed for companies, organizations and institutions financed by the State budget of Turkmenistan, shall be established by the legislation of Turkmenistan.
 3. Tariffs for services not specified in the first and second parts of this article are installed on a contractual basis.
 
Article 5. Standardization and ensuring the uniformity of measurements in the field of road transport, standardization and ensuring the uniformity of measurements in the field of road transport shall be carried out in accordance with the legislation of Turkmenistan.
 
Article 6. Registration and classification of vehicles. Classification of motor transportation 1. Vehicles are subject to state registration and classification.
Vehicles are classified into the following types: 1) passenger vehicles-buses, minibuses, cars, passenger trailers and semi-trailers;
2) goods road vehicles-trucks, cars, tractors, trucks, trailers and semitrailers;
3) special vehicles-cars, trailers and semi-trailers, designed to perform various special, mostly non-transport activities;
4) other types of vehicles.
Registration and classification of vehicles is carried out in the manner prescribed by the legislation of Turkmenistan.
2. Road transportation are divided into: 1) on mind-for domestic and international;
2) on purpose-for passenger and goods;
3) traffic regime at regular and irregular.

Classification of road transport shall be carried out in accordance with the rules of the road transport of passengers and baggage, rules of the road transport of goods.
3. domestic trucking-transportation, run inside the territory of Turkmenistan.
4. International trucking-transportation, performed between Turkmenistan and foreign States, as well as transit message through Turkmenistan.
5. Passenger road transportation-transportation of passengers, operated by passenger vehicles.
6. Trucking-transportation of goods, performed cargo road means.
7. regular trucking-transportation, run on a particular route, schedule, traffic interval, with fixed rates, the start and the end of work, places of embarkation and disembarkation of passengers.
8. Irregular trucking-transportation performed on request.
 
Article 7. Mobilization preparation of road transport 1. Bodies of State power and administration, local governments are required to implement and maintain a constant mobilization readiness of motor transport.
2. Mobilization preparation of road transport shall be carried out in accordance with the legislation of Turkmenistan.
 
Article 8. Involvement of motor carriers to address emergency situations 1. In emergency situations of natural or manmade truckers are required to comply with the legitimate demands of the State Executive and administrative bodies, local self-government bodies, involved in the management of emergency response, as well as the use for these purposes, material and other means at their disposal.
2. Reimbursement of hauliers contracted to emergencies, rescue, performed, in the order established by the legislation of Turkmenistan.
3. involvement of transporters to emergencies shall be conducted in accordance with the legislation of Turkmenistan.
 
Article 9. Licensing in the area of road transport licensing in the area of road transport shall be carried out in accordance with the legislation of Turkmenistan.
 
CHAPTER 2. State regulation and control in the sphere of MOTOR TRANSPORT Article 10. Authorities exercising State regulation and control in the sphere of road transport 1. Bodies exercising State regulation and control in the sphere of road transport are the Cabinet of Ministers of Turkmenistan, Ministry of motor transport of Turkmenistan (hereinafter referred to as the authorized body).
2. public administration in the field of road transport is carried out by the Cabinet of Ministers of Turkmenistan, the notified body, bodies of local authorities, other State bodies.
 
Article 11. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the sphere of road transport;
2) publishes the normative legal acts of Turkmenistan in the field of road transport;
3) alleges: (a)) Regulations transport of passengers and baggage;
(b)) rules of motor trucking;
ç) Provision of training and retraining of drivers of motor vehicles;
(d)) the provision on the maintenance and repair of vehicles belonging to individuals and entities;
(e)) on the admission of carriers to the implementation of the international road transport;
ä) procedure for collection of fees from owners of vehicles of foreign States, entering the territory of Turkmenistan;
4) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 12. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the sphere of road transport;
2) adopts the normative legal acts in the field of road transport;
3) organizes research on development of road transport and to improve the efficiency of its functioning;
4) analyzes the State of the market for transport services and defines promising directions of development of road transport;
5) gives license to conduct certain activities in the field of road transport;
6) designs: a) the rules of transport of passengers and baggage;
(b)) rules of motor trucking;
ç) Provision of training and retraining of drivers of motor vehicles;
(d)) the provision on the maintenance and repair of vehicles belonging to individuals and entities;
(e)) on the admission of carriers to the implementation of the international road transport;
ä) procedure for collection of fees from owners of vehicles of foreign States, entering the territory of Turkmenistan;
7) sets rates for certain types of road transport in accordance with the legislation of Turkmenistan;
8) takes measures to ensure the safety of road transport execution;
9) gives permission to open long-distance and international routes of passenger road transport in regular communication;
10) supervises observance of the requirements of normative legal acts in the sphere of operation of motor vehicles;  

11) carries out international cooperation and represents the interests of Turkmenistan in international and interstate relations in the field of road transport;
12) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 13. The competence of local authorities local executive authorities: 1) are normative legal acts in the field of road transport;
2) issue permits for the opening of urban and suburban regular passenger road transport routes and monitor their implementation;
3 Zhan) organize information to the public about the procedure and conditions of bus routes run regular passenger road transport;
4) improving route network of urban road passenger transport regular passenger road transport mode;
5) organises jointly with the truckers sale travel documents and check their availability among passengers;
6) provide for the construction and operation of bus platforms for buses, linear units and bus stations, as well as streets and highways, involving routes;
7) conclude with automobile carriers contracts transport of passengers by road;
8) perform other functions referred to their competence, legislation of Turkmenistan.
 
CHAPTER 3. PASSENGER ROAD TRANSPORTATION Article 14. Passenger transportation services 1. Passenger road transportation to services are classified in the carriage of passengers by bus, minibus and taxi passenger.
2. transportation of passengers by buses and route taxis is carried out according to established routes.
3. Services are provided to citizens in the bus routes in advance certain stops, at which embarkation and disembarkation of passengers.
4. passenger transportation services passenger taxis available to citizens in turn parked taxi, taxi route, as well as on request.
5. passenger transportation services are provided in accordance with the regulations of transport of passengers and baggage.
 
Article 15. The classification of bus routes 1. Bus routes are carried out in the mode of regular passenger road transport and on request.
 2. Bus routes, carried out in the mode of regular passenger road transport into urban, suburban, InterCity and international routes.
3. Urban routes are routes that run within the territory of the city.
4. Suburban routes are routes that run from town to village within seventy kilometres.
5. Intercity routes are routes, having a length of more than seventy kilometers.
6. International routes are the routes that run from crossing the State border of Turkmenistan.
 
Article 16. The opening, modification, closure of bus routes 1. Permission to open, edit, close bus routes: 1 issue) for urban and suburban routes-local executive bodies;
2) for long-distance and international routes-authorized entity.
2. order of opening, closing, change bus routes established by the Cabinet of Ministers of Turkmenistan.
 
Article 17. Trucking contract passenger 1. Flatbed trucking Treaty passenger undertakes for a fee to carry the passenger to the destination and, in the case of putting the passenger baggage-baggage also deliver to destination and give it to the passenger.  
2. The passenger shall pay the cost of Transportation Trucking Treaty according to the established rate, and in the presence of excess baggage, the carrier is installed, the cost of excess baggage.
3. Contract trucking passengers bus routes shall be certified by a travel document and, in the case of excess baggage-baggage receipt. Trucking contract is a document between the parties-avtoperevozčikom and the customer in the form of trucking contract for road transportation of passengers without selling a travel document to each of them.  
4. Contract trucking passengers carried out bus on request shall be in writing. Contract form set avtoperevozčikom.
5. Contract trucking passengers by bus and by taxi is in oral form. On-demand passenger taxi driver when calculating with it must issue a receipt.
 
Article 18. Samples samples of travel documents travel documents for transporters are approved by the authorized body.
 
Article 19. Basic rights and obligations of the passenger 1. The passenger has the right to: 1) to receive from the carrier vehicle, the driver stops bus routes for general use, bus stations and bus information on services road passenger transport;
2) purchase travel document on any route that is open for passenger traffic, take place in it;
3) bring with you for free: and) urban and suburban bus routes in regular communication, children under seven years of age;
b) buses interurban routes-one child up to five years without granting a separate place;

4) carry with them the free carry-on luggage and checked baggage within the established norms;
5) return travel document prior to the trucking and get back the paid amount of money in the manner prescribed by the regulations of transport of passengers and baggage. Lost and damaged travel documents not renewed and paid for their money will not be returned.
2. Normative legal acts of Turkmenistan for separate categories of citizens entitled to benefits when using the passenger public transport by road.
3. The passenger is obliged to: 1) abide by the rules of the road transport of passengers and baggage, as well as comply with the terms of the contract signed with avtoperevozčikom;
2) reimburse the damage (damage) caused by his fault avtoperevozčiku and others;
3) acquire or have a travel document while travelling a document entitling him/her to travel;
4) pay for baggage allowance in cases stipulated by the legislation of Turkmenistan.
 
Article 20. Basic rights and obligations of passengers 1 trucking customer. Customer for trucking passengers have the right to obtain compensation for the damage caused (harm), damage to the health of passengers or damage to their baggage, or the untimely delivery of passengers, their luggage to the destination or to a stop (space).
2. the customer is obliged to ensure passengers trucking: 1) timely and complete paperwork for road transportation of passengers and baggage;
2) insurance to passengers in accordance with the established procedure.
 
Article 21. Basic rights and obligations of transporters when performing road transport of passengers 1. Truckers when performing road transport of passengers shall have the right to: 1) require the passenger to comply with the terms of the Treaty, the rules for trucking transport of passengers and baggage;
2) claim damages (harm) caused him through the fault of the passenger, in accordance with the legislation of Turkmenistan;
3) refuse to comply with treaty obligations on passenger transportation in cases stipulated by article 22 of this law.
2. Car transporter-legal person when performing road transport of passengers shall: 1) to carry out road haulage of passengers in accordance with the legislation of Turkmenistan, the rules of the road transport of passengers and baggage;
2) to timely supply of vehicles for landing and departure of passengers;
3) provide a medical examination for drivers of motor vehicles prior to the start of the voyage and after its termination;
4) carry insurance of the driver (the crew) and passengers in the manner prescribed by the legislation of Turkmenistan;
5) provide passengers with information about the road transport and the conditions of their implementation;
6) to ensure the safety of road traffic, run to comply with ecological and sanitary-hygienic norms;
7) to equip passenger vehicle cash register in the cases stipulated by the legislation of Turkmenistan;
8) to reimburse passengers damage (injury) incurred as a result of non-performance or improper performance of trucking, in accordance with the legislation of Turkmenistan;
9) deliver passengers to the destination or to a stop (space) in cases of interruption of trucking for technical or other reasons, without charging passengers extra fees.
3. Car transporter-a natural person carrying out transport of passengers, shall be obliged: 1) to carry out road haulage of passengers in accordance with the legislation of Turkmenistan, the rules of the road transport of passengers and baggage;
2) contain the vehicle in proper technical and sanitary condition;
3) undergo a medical examination in the manner prescribed by the authorized body in the sphere of public health;
4) held yearly technical inspection of the vehicle in the manner prescribed by the authorized body in the sphere of ensuring road traffic safety.
 
Article 22. Refusal of carrier trucking passenger car transporter reserves the right to refuse a passenger in transportation if: 1) in the passenger compartment of a motor vehicle, there are no vacancies;
2) passenger, violates the rule of law and public order and (or) his appearance, behavior offend public morals;
3) the passenger is in a severe degree of alcohol, narcotic or toxic inebriation;
4) the passenger intends to take as hand baggage or luggage items or substances forbidden by the rules of the road transport of passengers and baggage;
5) found a discrepancy the travel document of the passenger transportation being performed;
6) the passenger does not perform the obligations under paragraphs 1, 3 and 4 of part 3 of article 19 of this law;
7) the passenger has not paid or not fully paid for passage in case rules of road transport of passengers and baggage, payment of travel during the execution of road haulage;
8) the passenger refuses to comply with the legitimate demands of the driver, conductor or the controller to comply with the rules for transport of passengers and baggage.
 
CHAPTER 4. TRUCKING Article 23. Contract trucking cargo 1. Contract trucking the goods is in accordance with the rules of the road transport of goods.

2. Under the contract trucking cargo car transporter undertakes to deliver the mandate entrusted to it by the shipper the goods at destination and extradite him to the consignee or a person authorized to receive the goods and the shipper shall pay the freight for a fixed fee, unless otherwise provided by the contract of transportation.
3. Conclusion of contract trucking goods is confirmed by the drafting of the invoice.
 
Article 24. Bills of lading waybill shall be drawn up on the prescribed form in accordance with the rules of carriage of goods by road.
 
Article 25. Basic rights and obligations of customer cargo trucking 1. The customer has the right to obtain cargo trucking compensation for injury or damage to the goods, partial or complete their loss or late delivery to destination.
2. the customer is obliged to: 1 cargo trucking) to ensure timely and complete paperwork for road transportation of cargo;
2) ensure compliance with the requirements of the normative legal acts in the sphere of safety and traffic safety-cargo operations and freight transport;
3) to cargo operations, anchoring, shelter, linking and sealing cargo, removing fasteners, coatings and cleaning goods road vehicle from cargo residues.
 
Article 26. Basic rights and obligations of transporters when performing road transport of cargo 1. Truckers when performing road transport of goods have the right: 1) refuse reception of cargo for transportation, if: (a)) is not prepared by the shipper, cargo or the documents required;
(b)) changes in details of documents made without prior consultation with them;
2) abandon trucking cargo if the shipper for carriage of cargo is not due to the Treaty of its transport or packaging of the goods does not conform;
3) receive compensation (injury) from the shipper, if cargo consignor, vehicle was damaged during the loading and unloading or if transportation of the goods.
2. Car transporter-legal person when performing road transport of goods shall: 1) carry out cargo transportation in accordance with the rules of the road transport of goods and other normative legal acts of Turkmenistan;
2) to timely supply of vehicles for loading and departure of cargo;
3) to ensure that the medical examination of drivers of goods vehicles prior to the start of the voyage and after its termination;
4) at the conclusion of the contract provide for cargo trucking its personnel established conditions of work and rest;
5) fulfil the conditions of the contract trucking cargo;
6) to ensure the safety of the cargo accepted for transportation and forwarding it to the consignee at destination;
7) to reimburse customer trucking damage (harm) for damage or damage to the goods, partial or complete their loss, delayed its delivery;
8) carry cargo insurance in accordance with the legislation of Turkmenistan.
3. Car transporter-a natural person engaged in the carriage of goods, shall be obliged: 1) carry out cargo transportation in accordance with the rules of the road transport of goods and other normative legal acts of Turkmenistan;
2) contain the vehicle in proper technical and sanitary condition;
3) reimburse customer trucking damage (harm) for damage or damage to the goods, partial or complete their loss, delayed its delivery.
4. Car transporter-physical person and legal entity hauler when performing road transport of goods are required to undergo a medical examination, as well as the technical inspection of the cargo of the vehicle in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER 5. INTERNATIONAL ROAD TRANSPORT of passengers and goods Article 27. Organization of international road transport international transport of passengers and goods, including transit, are executed in accordance with the law and international treaties to which Turkmenistan is a party.
 
Article 28. Restrictions on road transportation of passengers and goods on the territory of Turkmenistan foreign truckers 1. Implementation of foreign truckers road transportation of passengers and cargo between points situated on the territory of Turkmenistan is not allowed, unless otherwise provided by the legislation of Turkmenistan.
2. foreign hauliers engaged in transit truck haulage of passengers are not permitted to land and (or) disembarkation on the territory of Turkmenistan, unless otherwise provided by law or an international treaty to which Turkmenistan is a party.
 
CHAPTER 6. FINAL PROVISIONS Article 29. Insurance in the sphere of motor transport insurance in road transport is carried out in accordance with the legislation of Turkmenistan.
 
Article 30. Safety in road transport 1. Car transporter must ensure the safety of passenger and freight transport and environmental protection Wednesday.

2. Customers are obliged to truckers and trucking secure road transportation and handling of toxic, explosive, flammable, radioactive, toxic and other dangerous goods. Protection and support of dangerous goods provided by shippers or consignees throughout the journey.
3. The territory of trucking companies, bus stations, bus terminals are areas of increased danger. Decorum in high-risk areas and holding them works shall be established by the legislation of Turkmenistan.
 
Article 31. Liability for violation of this law persons guilty of violating this law bear responsibility, established by the legislation of Turkmenistan.
 
Article 32. 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. 377-IV.