The Law of the Republic of Kazakhstan of July 17, 2001 #245-II

On automobile roads

This law regulates legal, organizational and economic basis of the government administration of automobile roads in the Republic of Kazakhstan, of their construction, use and development in the interests of the nation and users of the automobile roads.

Chapter 1. General provisions

Article 1. Basic concepts used in this Law:

1)an automobile road is a set of engineering facilities designed to provide movement of automobiles ensuring continuous, safe traffic of automobiles and other vehicles with certain speed, load and size, as well as land areas provided for location of these facilities (transportation land) and air space above it, in specified size;

2)road operation is activities on designing, construction, reconstruction and repairing as well as maintaining and using automobile roads and their facilities;

3)road agencies are government agencies authorized to run government-owned automobile roads of public use;

4)a concessionaire is an individual or a legal entity granted a concession on the basis of an agreement;

5)a large-sized vehicle is a vehicle with or without a load which has a size exceeding the limits set by normative regulations;

6)paid automobile roads are automobile roads of high quality providing for high and safe speed; they are used for a fee, with a mandatory alternative option of a free traffic on another road, its quality meeting requirements of the national standards set in normative regulations;

7)a designated strip of land is transportation land occupied by automobile roads to set appropriate construction units and engineering facilities of the automobile road as well as buildings, constructions, protective and decorative forests and installations of road communication required for their use;

8)automobile road users are individuals and legal entities participating in the road traffic or performing other activities within a designated automobile road’s strip of land or a roadside strip;

9)roadside strips are land areas adjacent to an automobile road’s designated strip of land within which specific terms for use of land are set up to ensure safe traffic of vehicles and people;

10)length of an automobile road is the actual length of a road between constructions or settlements which is indicated in actual scale (in the area) on kilometer signs;

11)a heavy-weight vehicle is a vehicle with or without a load, with a total mass or distributed load on its axles exceeding the limits of accessible load for this category of roads and their facilities;

12)a street (a part of a street for traffic) is an automobile road within boundaries of cities or other settlements;

13)administration of road operation is a set of measures aimed at organization and provision of safe and comfortable traffic on roads, raising the transportation and operational condition of automobile roads and facilities, providing procedure for their security, arrangements for designing, construction, reconstruction, repairing, maintenance and use of automobile roads based on national standards set by normative regulations and implementation of advanced technologies;

14)automobile road managers are individuals and legal entities who own the automobile road or carry out automobile roads management based on the right of economic management or operational management.

Article 2. Automobile roads legislation

Legislation of the Republic of Kazakhstan on automobile roads is based on the Constitution of the Republic of Kazakhstan and consists of this Law, other normative regulations of the Republic of Kazakhstan regulating road activities.
If international agreements ratified by the Republic of Kazakhstan set other rules than those set in this Law, then the rules of international agreements are applied.

Article 3. Classification of automobile roads

Automobile roads of the Republic of Kazakhstan are divided into automobile roads of public use, economic automobile roads and streets of cities and other settlements.
Depending on their importance, the automobile roads of public use are divided into automobile roads of international, Republican and local significance:

1)automobile roads of international significance include roads which link capitals of neighboring countries as well as those included into the international network of automobile roads pursuant to international agreements;

2)automobile roads of Republican significance include roads providing transport communication between large administrative, cultural and economic centers of the Republic as well as with neighboring countries, and automobile roads of defense significance except those mentioned in sub-paragraph 1);

3)automobile roads of local significance include roads that link administrative centers of the Republic with administrative centers of districts, rural settlements, and link district centers with roads of Republican significance except those mentioned in sub-paragraphs 1) and 2).

Economic automobile roads are roads on the territory of economic entities that serve their production and economic transportation, and driveways linking them with automobile roads of public use, internal economic roads of agricultural organizations, official, patrol and private automobile roads.
Roads of cities and settlements include automobile roads within respective administrative and territorial units except roads mentioned in sub-paragraphs 1), 2) and 3) of paragraph 2 of this article.
Depending on geometric parameters and traffic intensity, automobile roads are classified in accordance with the national standards set in normative regulations.
The Government of the Republic of Kazakhstan sets the order and terms for classification of automobile roads.
Lists of automobile roads of public use of international and Republican significance including a list of automobile roads of defense significance are approved by the Government of the Republic of Kazakhstan upon presentation of the authorized government agency on automobile roads. Local executive authorities approve lists of automobile roads of local significance upon coordination with the authorized government agency on automobile roads.
Automobile roads of public use, economic automobile roads, streets of cities and settlements are subject to government registration in the order set by the Government of the Republic of Kazakhstan. Registration data are used for composition of maps and atlases of automobile roads of the Republic of Kazakhstan published upon coordination with the authorized government agency on automobile roads.

Article 4. Property right and other substantive rights for automobile roads

Automobile roads can be government and private property.
Automobile roads of public use are principal routes of communication in the Republic; they are government property and are not subject to privatization.
Property right and other substantive rights for economic automobile roads are determined by the form of ownership by the legal entity whose competence these roads are in.
Private automobile roads are property of individuals and legal entities.
Streets of cities and settlements are in competence of respective local executive agencies and are municipal property.
Privatization of economic automobile roads is carried out pursuant to legislation of the Republic of Kazakhstan on privatization and this law.

Article 5. Paid automobile roads.

Paid automobile roads (bridges, overpasses) can be made in the Republic of Kazakhstan in the order set by this law and other legislative acts. Control over construction and use of paid automobile roads is carried out by an authorized government body.
Paid automobile roads are built with observance of the following conditions: availability of an alternative free road with a quality meeting requirements of national standards set by normative regulations, high quality of the paid road with insurance of high and safe speed for traffic and high level services along the whole road.
Paid automobile roads can be constructed at the expense of the national budget resources or on the basis of concession agreements; the use of automobile roads for paid traffic can be delegated to individuals or legal entities in the order specified in legislation.
A concessionaire can consolidate a number of construction, designing, financial, investment and other companies with different forms of property with a possible involvement of foreign investors. To build paid automobile roads, a concessionaire uses any sources of financing not prohibited by legislative acts of the Republic of Kazakhstan.
It is prohibited for local executive authorities to set taxes, fees and payments for users of automobile roads if their application is not specified in legislative acts and if they restrict directly or indirectly free transportation of shipments and passengers.

Article 6. Names and indexes of automobile roads. Estimation of distances on automobile roads.

All automobile roads of public use in the Republic of Kazakhstan should have names and indexes. The name of an automobile road contains the name of the starting and final settlement, and if necessary – names of intermediary settlements. An automobile road’s index consists of letters of the Latin alphabet and a group of figures.
Names and indexes of automobile roads should be shown on maps and atlases of automobile roads as well as on automobile roads by means of setting specific signs and marks. The Government of the Republic of Kazakhstan approves names and indexes of automobile roads of public use of the Republican and local significance. Names and indexes of international automobile roads crossing the territory of the Republic of Kazakhstan are established by international agreements.
Distances on automobile roads of public use of Republican and local significance are estimated as distances between the beginning and final settlements. The count of kilometers on roads of public use is made:

for automobile roads starting in the capital of the Republic of Kazakhstan - from the building of the Parliament of the Republic of Kazakhstan;

for automobile roads starting in other settlements - from buildings of local executive authorities, in case of their absence – from borders of the settlement.

The length of automobile roads of public use is:

for automobile roads linking settlements – a distance between boundaries of respective settlements;

for automobile roads that link other automobile roads of public use between themselves and connect to them – intersection of axis of the linking automobile roads.

The length of streets of cities and other settlements is a distance within boundaries of respective cities and settlements.

Chapter 2. Lands of automobile roads

Article 7. Provision of land for construction of automobile roads

To build and maintain government-owned automobile roads of public use, land-users receive land for designated strips based on the established norms depending on the category of a road and in accordance with designing documents. Land for the needs of automobile roads of public use are given to road agencies for permanent or temporary use in the order specified by the legislation of the Republic of Kazakhstan.
The size of a designated strip of land for a designed automobile road of public use is determined depending on its category according to standards and norms for designation of land for automobile roads of public use, in particular: for roads of the first technical category – 35 meters from the axis of roads; for roads of II technical category – 20 meters; for roads of III technical category – 15 meters, for roads of IV technical category – 13 meters, for roads of V technical category – 12 meters.
Land for automobile roads of public use is granted by a decision of an appropriate executive agency and actual designation is made by territorial agencies of management of land resources.
The land occupied by automobile roads of public use is government property; they are indivisible and are not subject to privatization. Any facilities built on the land of automobile roads of public use with violation of the prescribed order of receiving approval for the use of land are considered illegal and must be taken down by the individual who built the unauthorized facilities or it must be done at his expense in the order prescribed by legislation.
The land for economic and private automobile roads is provided in the order set in the land legislation of the Republic of Kazakhstan.

Article 8. Roadside strips

Roadside strips are set to provide security for the population and to create conditions for the use of automobile roads with the account of requirements for safety of road traffic, and to give opportunities to reconstruct, repair, maintain, place facilities of road infrastructure.
For international and Republican automobile roads of public use, the width of a roadside strip should not be less than 50 meters on each side measured from the border of the designated strip of land.
It is prohibited to build capital facilities, except facilities for road management and road services, on roadside strips of international and Republican automobile roads of public use.
Decisions on providing land parcels to build facilities for road services in roadside strips or beyond their boundaries when a driveway is required to reach them, are made by appropriate executive body in the prescribed order and in coordination with road authorities.
Expenses on development, repair and maintenance of driveways (links) and other constructions located in roadside strips of international and Republican automobile roads of public use are carried by the owners of these facilities.

Article 9. The order of using automobile roads’ designated land strips

The land of designated strips of automobile roads of public use are owned and used by road authorities and are designated only for development, improvement of automobile roads and for construction of facilities for road services.
It is prohibited to perform works or place any facilities in a designated land strip of automobile roads of public use without a permission of appropriate road authorities.
Parcels of designated land strips of roads of public use that are not used by road authorities can be given to individuals and legal entities under a contract for temporary short-term use in the order set by the legislation for construction of servicing facilities and advertisement, provided they do not allow deterioration of transportation and operation qualities of the road, and that they observe safety requirements for the traffic of vehicles and protection of environment.

Article 10. Construction of facilities for commerce, public catering and other services and advertisement along automobile roads of public use

Facilities for commerce, public catering and other services as well as their advertisement can be built on a designated strip of land of automobile roads of public use determined by road authorities on a preliminary consent of respective government authorities.

Outdoor advertisement, other information signs and guides placed within boundaries of a designated strip shall be produced and set in accordance with norms and standards.

The Government of the Republic of Kazakhstan sets up a procedure for construction of servicing facilities, advertisement on designated strips of land of automobile roads and the fees for the use of designated strips.

Chapter 3. Government regulation and operation of automobile roads

Article 11. Authorities of the Government of the Republic of Kazakhstan in the area of automobile roads

The competence of the Republic of Kazakhstan includes:

1)coordination and implementation of a single state policy in the area of automobile roads and road operation on the territory of the Republic of Kazakhstan;

2)general guidance of activities of central and local executive authorities in the area of automobile roads and road operation, control over implementation of requirements of legislative acts of the Republic of Kazakhstan regarding the automobile roads;

3)approval of rules of using automobile roads, roads of defense significance, a list of international and Republican network of automobile roads of public use, standards for financing repairs and maintenance of automobile roads, the procedure for payment and the rates of fees for using roads on the territory of the Republic of Kazakhstan

4)definition of sources and amounts of financing the work on designing, construction, reconstruction, repairing and maintenance of automobile roads of international and Republican significance, approval of perspective programs for development of a network of automobile roads and road operation;

5)approval of a list of paid automobile roads, paid bridge passes, procedure and terms of their operation as well as rates of fees for their use;

6)international cooperation in the area of automobile roads;

7)other issues pursuant to legislation of the Republic of Kazakhstan.

Article 12. Competence of the government agency for automobile roads administration

The government administration of road operation is carried out by an authorized government agency providing for development, good condition, repairing and maintenance of automobile roads.
The competence of the authorized government agency includes:

1)drafting government programs of development of automobile roads and road operations;

2)participation in drafting and implementation of a single government, scientific and technical policy in the area of automobile roads and road operation;

3)government registration of automobile roads of public use;

4)drafting proposals on definition of sources and amounts of financing the road area;

5)government planning of the development of automobile roads of public use in accordance with tasks of strengthening the economy and defense potential of the Republic of Kazakhstan;

6)participation in conclusion of international treaties by the Republic of Kazakhstan regarding development and use of automobile roads;

7)drafting legislative and other regulatory legal acts determining the procedure for operation of the road sector as well as drafts of government norms and standards in road operations;

8)preparation of scientifically valid standards for financing of expenses for repairing and maintenance of automobile roads;

9)administration of government agencies that have Republican automobile roads of public use on their balance, preparation of draft plans for their financing, provision of purposeful use of budgetary means;

10)coordination of operations on setting up and development of a network of automobile roads of local significance for public use;

11)implementation of an investment and social policy in the roads area;

12)arrangements for education and training for staff in the area of road operations;

13)making scientific research in the area of road operations;

14)arrangement for holding tenders and conclusion of contracts for road operations, purchase of commodities and services for resources of the Republican budget;

15)implementation of legislation and insurance of observation of norms and standards in the area of designing, providing for a desired quality in construction, reconstruction, repairing and maintenance of automobile roads;

16)drafting proposals on establishment of paid parts of automobile roads (bridge passes), a procedure and terms of their use, sizes of fees for their use;