On transport (LRU-706-son)

09.08.2021

LAW OF THE REPUBLIC OF UZBEKISTAN

Adopted by the Legislative Chamber on March 3, 2021 Approved by the Senate on May 29, 2021

Chapter 1. General Provisions

Article 1. Purpose of this Law

The purpose of this Law is to regulate relations in the field of transport.

Article 2. Scope of this Law

This Law regulates relations arising from the implementation of transport activities on a commercial basis.

This Law does not apply to relations related to activities:

pipeline transport and the movement of electrical energy through power lines;

special vehicles designed to perform non-transport work;

departmental passenger transport, as well as enterprises, institutions and organizations that carry out transportation free of charge;

military, military auxiliary, border ships, as well as for the implementation of transit transportation of special cargo and military contingents through the territory of the Republic of Uzbekistan;

experimental and state aviation;

individuals carrying out transportation on a gratuitous basis and to meet personal needs using vehicles that belong to them on the right of private ownership or on other legal grounds.

Article 3. Transport legislation

Transport legislation consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan establishes other rules than those provided for by the legislation of the Republic of Uzbekistan on transport, then the rules of the international treaty are applied.

Article 4. General definitions

The following general definitions are applied in this Law:

multimodal transportation – transportation of passengers, baggage, cargo luggage, cargo, postal and courier items by different modes of transport under a single transportation document issued for the entire route;

multimodal transportation operator – a legal entity that organizes transportation and assumes responsibility for all carriers and third parties involved by it for transportation;

client – an individual or legal entity (passenger, consignor, consignee, charterer) using transport services on the basis of an agreement with a carrier or multimodal transportation operator;

transportation – transportation of passengers, luggage, cargo luggage, cargo, postal and courier items from the point of departure to the point of destination;

transportation safety – ensuring the state of protection of the process of movement of the vehicle and the vehicle itself from threats of a man-made (technical and technological) nature, in which there is no unacceptable risk of violations of transportation safety and their consequences, entailing harm to the life or health of citizens, property of individuals or legal entities, the environment;

transportation document – a document in the form of a ticket, a baggage receipt, a bill of lading, a card with an electronic information carrier or other information carrier, confirming the conclusion of a contract for the carriage of passengers, baggage, cargo luggage, cargo, postal and courier items;

carrier – a legal or natural person who has a vehicle on the right of ownership or other legal grounds, which provides on a commercial basis services for the transportation of passengers, baggage, cargo luggage, cargo, postal and courier items, and also has an appropriate license, certificate or permit document for transportation character;

transit transport corridor – a route of vehicles on which the technical, technological and organizational conditions specified in the passport of the transit transport corridor are created to carry out the transportation of transit goods and a simplified procedure for performing customs operations is applied in relation to such goods and vehicles;

transport – a set of all types of means of communication, vehicles, technical devices and structures on the means of communication, ensuring the process of transportation of passengers, baggage, cargo luggage, cargo, postal and courier items;

transport vehicles – devices intended for the carriage of passengers, luggage, cargo luggage, cargo, postal and courier items;

transport infrastructure facilities – facilities, production and technological complexes designed to serve passengers, consignors, consignees, carriers and other participants in the transportation process, as well as to ensure the operation of vehicles;

transport logistics – a complex and interconnected solution of problems related to the organization of the movement and transportation of passengers, luggage, cargo luggage, cargo, postal and courier items;

transport and logistics center – a transport infrastructure facility, including a specially designated area with facilities located on it, designed to perform preparatory and distribution services related to transportation, including warehousing, storage, handling and distribution of goods and other operations with goods and vehicles;

transport complex – a complex of transport organizations, carriers, transport infrastructure facilities, vehicles, organizations in the field of training, retraining and advanced training of personnel, as well as social and cultural services for transport workers;

transport organization – a legal entity carrying out transport activities;

transport activities – activities related to the performance of organizational and technological operations for the transportation and maintenance of passengers, luggage, cargo luggage, cargo, postal and courier shipments by road, rail, air, water or a combination of these modes of transport and other services performed on a contractual basis or other legal grounds;

transport security – the state of protection of the transport complex from illegal interference and the security of its stable operation in normal mode and in cases of emergency;

international transportation – the transportation of passengers, baggage, cargo luggage, cargo, postal and courier items, carried out by any type of transport through the territories of two or more states, as well as the passage of an unloaded vehicle through the territories of two or more states;

a single consignment note – a single transportation document for all participants in a multimodal transportation, which is intended for writing off inventory items, accounting for their movement, posting, conducting warehouse operations and accounting, as well as for paying for the transportation of goods and accounting for work performed.

Article 5. Basic principles of transport activity

The fundamental principles of transport activity are:

legality;

safety;

environmental friendliness;

availability of transport services;

openness and transparency.

Article 6. Transport system of the Republic of Uzbekistan

Automobile, air, rail, water, electric transport, metro and transport infrastructure facilities constitute a single transport system of the Republic of Uzbekistan (hereinafter referred to as the transport system).

Chapter 2. State regulation in the field of transport

Article 7. The main directions of state policy in the field of transport

The main directions of state policy in the field of transport are:

development and implementation of state and other programs in the field of transport;

development of the transport system as a strategic sector of the country's economy;

increasing the competitiveness, accessibility, efficiency and quality, safety and environmental friendliness of transport services;

improving the management of the transport sector and ensuring the interaction of various modes of transport, as well as maintaining an effective tariff policy;

development of public-private partnership;

introduction of advanced innovative and information and communication technologies;

development and improvement of the system of training, retraining and advanced training of personnel;

development of international cooperation and integration of the transport complex into the international transport system.

Article 8. State regulation in the field of transport

State regulation in the field of transport is carried out through licensing, certification, application of permitting and notification procedures, technical regulation, implementation of scientific and technical policy, taxation, tariff policy, including socially significant transportation, ensuring state control over compliance with transport legislation, conducting personnel policy, as well as the use of other methods of regulation provided for by law.

State bodies and their officials are not entitled to interfere in the economic activities of transport organizations and involve the operational personnel of these organizations for other work, except in cases of emergency situations of a natural and man-made nature, the introduction of a state of emergency.

Article 9. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of transport

Cabinet of Ministers of the Republic of Uzbekistan:

ensures the implementation of state policy in the field of transport;

coordinates the activities of state and economic management bodies, local government bodies in the field of transport activities;

determines priority directions for the development of the transport system, organizes the development and implementation of state programs in the field of transport;

organizes scientific, technical and investment activities in the field of transport;

ensures the formation of transport infrastructure and its effective functioning;

determines the procedure for licensing, certification, passing permitting and notification procedures in the field of transport;

determines the number of categories and criteria for categorizing objects of transport infrastructure and vehicles;

approves the list of transit transport corridors;

determines the procedure for training, retraining and advanced training of personnel in the field of transport;

takes measures to develop international cooperation in the field of transport.

The Cabinet of Ministers of the Republic of Uzbekistan may exercise other powers in accordance with the law.

Article 10. Powers of the Ministry of Transport of the Republic of Uzbekistan in the field of transport

The Ministry of Transport of the Republic of Uzbekistan is a specially authorized state body in the field of transport (hereinafter referred to as a specially authorized state body).

Specially authorized state body:

implements state policy in the field of transport;

develops and implements state and other programs, concepts and strategies in the field of transport;

develops, within its powers, draft regulatory legal acts in the field of transport;

develops measures to ensure transport security and organizes their implementation;

organizes a system of training, retraining and advanced training of personnel in the field of transport, including abroad;

takes measures to create a unified integrated transport system based on modern management methods;

takes measures to digitalize the transport system through the introduction of modern innovative and information and communication technologies;

carries out licensing, permitting and notification procedures, as well as certification in accordance with the law;

carries out international cooperation in the field of transport.

A specially authorized state body may also exercise other powers in accordance with the law.

Article 11. Powers of local authorities in the field of transport

Local government bodies within their powers:

participate in the implementation of the main directions of state policy in the field of transport;

develop territorial programs in the field of transport and ensure their implementation;

participate in the formation of priority areas for the development of the transport system;

assist to the development of the transport system and the creation of a modern transport infrastructure;

contribute to the formation and development of the transport services market, the creation of equal conditions for all participants in the transport complex, as well as the implementation of measures to strengthen the material and technical base of the transport system;

take measures to introduce preferential tariffs for certain categories of citizens when using urban passenger transport.

Local authorities may also exercise other powers in accordance with the law.

Article 12. Bodies of state supervision in the field of transport

The specially authorized state body, its territorial subdivisions, subordinate organizations are bodies of state supervision in the field of transport.

Bodies of state supervision in the field of transport carry out state supervision of:

ensuring compliance with transport legislation in the course of transportation of passengers, luggage, cargo luggage, cargo, postal and courier items by national and foreign transport organizations;

safety of navigation, operation of ships in accordance with their purpose;

ensuring the safety of aircraft flights in accordance with the law;

safety of transportation of goods and passengers by rail;

organizing and conducting investigations of aviation accidents and incidents with civil and experimental aircraft, as well as accidents and crashes in railway and water transport;

compliance with the rules for the transportation of passengers, baggage, cargo and cargo, the movement of vehicles on passenger routes, compliance with established schedules and intervals of movement.

Bodies of state supervision in the field of transport may exercise other powers in accordance with the law.

Article 13. Licensing and permitting procedures in the field of transport

Licensing and licensing procedures in the field of transport are used to protect the interests of consumers of transport services, ensure transport safety, comply with environmental, sanitary and epidemiological and other requirements.

The licensed types of activities in the field of transport include urban, suburban, intercity, international transportation of passengers and international transportation of goods - by road, transportation of passengers and goods - by rail.

Types of licensing procedures in the field of transport are determined in the manner prescribed by law.

Licensing and licensing procedures in the field of transport are carried out by a specially authorized state body in the manner prescribed by law.

Article 14. Certification and registration of vehicles

Vehicles must have a certificate of conformity or vehicle type approval and be registered.

Import into the territory of the Republic of Uzbekistan, production, sale (realization) or use of vehicles that do not meet safety requirements are prohibited.

Article 15. Transport rates

Transportation of passengers, luggage, cargo luggage, cargo, postal and courier items, as well as services related to transportation, are carried out at free and regulated tariffs.

In order to implement social policy or regulate the activities of subjects of natural monopoly in the field of transport, the state establishes maximum tariffs for certain types of transport services.

Losses of transport organizations as a result of the establishment by the state of the maximum amount of tariffs and the provision of benefits to passengers and certain categories of citizens are reimbursed in accordance with the law at the expense of the State budget of the Republic of Uzbekistan.

The through transport tariff for multimodal transportation is formed from the amount of payments for transportation services by each mode of transport on the dates of conclusion of multimodal transport contracts at the rates applicable to each mode of transport.

Chapter 3. Transportation. Rights and obligations of the client and the carrier

Article 16. Transportation of passengers, luggage, cargo luggage, cargo, postal and courier items, provision of transport and forwarding services

For the transportation of passengers, luggage, cargo luggage, cargo, postal and courier items, the provision of transport and forwarding services, a fee is charged, the amount of which is established by agreement of the parties, unless otherwise provided by law.

The conditions for the carriage of passengers, baggage, cargo luggage, cargo, postal and courier items, the provision of transport and forwarding services and the responsibility of the parties for transportation and transport and forwarding operations are determined by regulatory legal acts, as well as contracts for transportation and transport expedition.

Based on the technical characteristics of vehicles and the capabilities of the infrastructure, the legislation establishes the permissible dimensions and weight parameters of vehicles carrying passengers, luggage, cargo luggage, cargo, postal and courier items.

Article 17. Rights and obligations of the client

The client has the right:

require the carrier to fulfill the obligations stipulated in the contract of carriage;

receive the necessary information about the carrier and route;

free choice of the type of transport in the market of transport services;

for the timely and high-quality provision of services by the carrier, determined by the rules or the contract of carriage;

preferential and free travel provided for a certain category of citizens in accordance with the law;

for compensation for losses caused by transportation, compensation for moral damage in accordance with the law.

The client may have other rights in accordance with the law and the contract of carriage.

The client is obliged:

comply with the terms of the contract of carriage concluded with the carrier;

provide the carrier with a certificate of conformity for the shipped cargo, subject to mandatory certification;

comply with the rules of transportation;

present luggage, cargo luggage, cargo, postal and courier items in a form prepared for transportation;

comply with the rules of conduct on passenger transport.

The client may also bear other obligations in accordance with the law and the contract of carriage.

Article 18. Rights and obligations of the carrier

The carrier has the right:

freely set prices for transportation in accordance with the pricing rules, except in cases where regulated tariffs are established;

refuse transportation under circumstances that threaten the life and health of citizens, traffic safety, violation of environmental and sanitary standards or other illegal actions (inaction).

The carrier may have other rights in accordance with the law and the contract of carriage.

The carrier is obliged:

have a license, certificate, permit document and (or) permission for transportation, if this is provided for by the legislation and international treaties of the Republic of Uzbekistan;

conclude an agreement with the client in the prescribed form;

carry out transportation on vehicles certified in accordance with the established procedure;

compensate for losses caused by transportation and compensate for moral damage in accordance with the law;

ensure the safety of the passenger, the creation of the necessary amenities and conditions of service for him, and in the case of the delivery of luggage and cargo luggage by the passenger, also their timely transportation and safety;

ensure traffic safety;

demand from the client a copy of the certificate of conformity for the shipped cargo, subject to mandatory certification;

carry out free transportation of a certain category of passengers or provide them with other benefits for paying for travel in accordance with the law;

insure their civil liability for causing harm to life, health and (or) property of passengers;

provide persons with disabilities with access to vehicles, information, and means of communication, create the necessary conditions for the provision of other services related to transportation.

The carrier may also bear other obligations in accordance with the law and the contract of carriage.

Chapter 4. Organization of multimodal transportation

Article 19. Multimodal transportation system

Road, rail, air and water transport organize a multimodal transportation system through their coordinated interaction in compliance with the requirements of transport logistics and the use of transport infrastructure.

The client, multimodal transportation operator and carriers are participants in multimodal transport.

When organizing multimodal transportation, transport logistics should ensure the presence of a single operator of the transportation process and a single transportation document, the use of a through transport tariff and a sequential-central scheme for the interaction of all participants in multimodal transportation, as well as a single responsibility for the transportation process.

Article 20. Multimodal transportation agreement

The multimodal transportation agreement is concluded between the multimodal transportation operator and the client and must contain:

rights and obligations of the client and the multimodal transportation operator;

responsibility of the client and the multimodal transportation operator;

the procedure for filling out a single consignment note;

terms and conditions of delivery;

destinations;

volumes and dimensions of luggage, cargo luggage, cargo, postal and courier items;

cost and payment method.

The multimodal transportation agreement may also provide for other conditions that do not contradict the law.

The multimodal passenger transportation agreement is a public agreement. The conclusion of a multimodal passenger transportation agreement is certified by a single ticket confirming the passenger's right to travel in a multimodal traffic, and the delivery of luggage, cargo luggage, cargo, postal and courier items – by a multimodal baggage check.

Article 21. Rights and obligations of the multimodal transportation operator

The multimodal transportation operator has the right:

refuse the mixed transportation of baggage, cargo luggage, cargo, postal and courier items, which, by their properties, weight and overall parameters, do not correspond to the data on baggage, cargo luggage, cargo, postal and courier items specified in the multimodal transportation agreement;

refuse multimodal transportation and return baggage, cargo luggage, cargo, postal and courier items to the consignor, having previously notified him of this in writing or electronically in the event that it is not possible to deliver baggage, cargo luggage, cargo, postal and courier items due to force majeure to the point destination specified by the client in the multimodal transport contract. At the same time, the additional costs of the multimodal transportation operator are paid by the consignor (consignee), unless otherwise provided by the multimodal transportation agreement;

require the client to properly fulfill obligations under the multimodal transportation agreement.

The multimodal transportation operator may also have other rights in accordance with the legislation and the multimodal transportation agreement.

The multimodal transportation operator is obliged:

organize the transportation of a passenger, baggage, cargo luggage, cargo, postal and courier items using various modes of transport from the point of departure to the point of destination in accordance with the multimodal transportation agreement;

organize the issuance of baggage and cargo baggage to the passenger at the destination;

to accept the passenger and luggage, cargo luggage, cargo, postal and courier items within the terms established by the multimodal transportation agreement;

ensure monitoring of the movement of passengers, luggage, cargo luggage, cargo, postal and courier items at each stage of transportation;

ensure safety along the entire route, delivery within the terms established by the multimodal transportation agreement and delivery of luggage, cargo luggage, cargo, postal and courier items to the person (consignee) authorized to receive them.

The multimodal transportation operator may also bear other obligations in accordance with the legislation and contracts.

Article 22. Rights and obligations of a multimodal transportation client

The client has the right:

get information about the route, composition and modes of transport;

require the multimodal transportation operator to properly fulfill obligations under the multimodal transportation agreement;

claim compensation for damage caused during multimodal transportation upon presentation of written documentary evidence.

The client may have other rights in accordance with the law and the multimodal transportation agreement.

The client is obliged:

pay the multimodal transportation operator all due payments stipulated in the multimodal transportation agreement;

provide luggage, cargo luggage, cargo, postal and courier shipments to the multimodal transportation operator according to the period specified in the multimodal transportation agreement.

The client may also bear other obligations in accordance with the law and the multimodal transportation agreement.

Article 23. Agreement for cooperation in multimodal transportation

The contract for interaction in multimodal transportation is concluded between the operator of multimodal transportation and carriers of various modes of transport participating in these transportations, and must contain:

the rights and obligations of the multimodal transportation operator and the carrier;

responsibility of the multimodal transportation operator and the carrier;

the cost of services of each carrier and the procedure for their payment;

the procedure for the interaction of carriers and the transfer of a passenger or reloading of luggage, cargo luggage, cargo, postal and courier items from one type of vehicle to another;

the procedure for filling out a single transportation document (ticket, baggage check, single consignment note);

terms and conditions of transportation.

The contract of interaction for multimodal transportation may provide for other conditions that do not contradict the law.

Chapter 5. Transit transportation

Article 24. Transit transportation of passengers, luggage, cargo luggage, cargo, postal and courier items

Transit transportation is the movement of passengers, baggage, cargo luggage, cargo, postal and courier items through the territory of the Republic of Uzbekistan by any mode of transport, if such movement is only part of the route, the points of departure and destination of which are outside the Republic of Uzbekistan, as well as transportation carried out by vehicles Republic of Uzbekistan through the territory of foreign states.

Transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items through the territory of the Republic of Uzbekistan can be carried out by one or more modes of transport using one or more transportation documents of the corresponding modes of transport.

The transfer of a transit passenger and the reloading of baggage, cargo luggage, cargo, postal and courier items from one mode of transport to another are carried out on the basis of transportation documents. At the same time, shipping documents must follow with the cargo along the entire route.

If the conditions for the carriage of individual transit baggage, cargo baggage, cargo, postal and courier items require appropriate operations with them (unloading, reloading, storage, splitting into lots or accumulation into lots and other similar operations), then they retain the status of transit cargo.

Transshipment of transit baggage, cargo luggage, cargo, postal and courier items following in direct international traffic is carried out in vehicles provided by the carrier.

After concluding an agreement with a transit transportation operator, carriers, upon receiving applications from transit transportation operators for the transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items, are not entitled to refuse to satisfy these applications.

Article 25. Prohibitions and restrictions regarding certain transit passengers, baggage, cargo baggage, cargo, postal and courier items

In order to ensure the security of the Republic of Uzbekistan, the life and health of citizens of the Republic of Uzbekistan, environmental protection, prohibitions or restrictions, as well as veterinary , veterinary and sanitary rules and regulations, quarantine restrictions and phytosanitary requirements, requirements for ensuring the radiation safety of the environment and other requirements and conditions established by law and international treaties of the Republic of Uzbekistan.

Article 26. Transit transport corridors

Transit transport corridors are created in order to optimize the use of the transport system for the transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items in international traffic in the directions of their greatest concentration.

Points of the transit transport corridor must be equipped with information and technical means that provide remote control over the movement of vehicles of international transportation and compliance with the established route for the transportation of passengers, baggage, cargo luggage, cargo, postal and courier items.

For each transit transport corridor, a specially authorized state body draws up a transit transport corridor passport, which includes the following information and documents:

type of transit transport corridor;

the name of the initial, final and intermediate points of the transit transport corridor;

the length of the transit transport corridor;

the period of transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items;

technological characteristics of the transit transport corridor and other information determined by a specially authorized state body;

technological schemes for the implementation of state control and supervision.

The start and end points of the transit transport corridor are the corresponding checkpoints across the State border of the Republic of Uzbekistan.

The transit transport corridor is included in the register of transit transport corridors, which is maintained by a specially authorized state body.

The information included in the register of transit transport corridors is posted on the official website of the specially authorized state body.

The list of transit transport corridors is approved by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 27. Identification of transit goods and documents

During the transit of goods at checkpoints across the State Border of the Republic of Uzbekistan, transit goods and documents are identified in order to prevent any operations with transit goods that are not provided for by customs legislation.

Article 28. State control over the transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items

State control over the transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items is carried out at checkpoints across the State Border of the Republic of Uzbekistan by officials of the relevant authorized state bodies.

In the course of state control, the compliance of transit passengers, baggage, cargo luggage, cargo, postal and courier items and means of transit with the requirements of customs, sanitary, veterinary, phytosanitary, radiological, environmental and other types of control established by the legislation and international treaties of the Republic of Uzbekistan is checked.

Mandatory conditions for the implementation of state control over the transportation of transit passengers, baggage, cargo luggage, cargo, postal and courier items are:

comprehensive, simultaneous implementation of all types of state control by authorized state bodies within their powers;

regulation of state control and actions of officials of authorized state bodies;

performance of state control functions by officials of authorized state bodies within the time limits established by law;

use of measuring instruments that have passed the state metrological control;

accelerated and priority procedure for state control during the transportation of live animals, perishable products, transplants, biomaterials, special medical preparations.

Officials of the relevant authorized state bodies cannot transfer their powers of state control to other persons.

Chapter 6. Transport logistics

Article 29. The main tasks of transport logistics

Transport logistics should timely and efficiently ensure the consistency and interconnectedness of the actions of all participants in the transport complex in planning transportation and its management along the optimal route using various modes of transport, including monitoring the movement of passengers, baggage, cargo luggage, cargo, postal and courier items at each stage of transportation.

The main tasks of transport logistics are:

consistency of the parameters of a single transport system using a single transportation technology, direct transshipment, non-transshipment communication;

development and application of unified transportation schedules;

formation of transport corridors and transport chains;

ensuring the technological unity of the transport and storage process;

determination of a rational route for the delivery of goods;

choice of type and type of vehicle.

Article 30. Transport and logistics centers

International and territorial transport and logistics centers can be created on the territory of the Republic of Uzbekistan, depending on the operations performed in relation to goods and vehicles.

Transport and logistics centers provide services for warehousing, storage, processing, processing, packaging and distribution of goods that arrive at these centers and are taken out of them by any means of transport, as well as store and maintain vehicles. Transport and logistics centers can provide a full range of customs, logistics, phytosanitary, veterinary, sanitary and epidemiological, environmental, certification and other services for the export and import of goods not prohibited by law.

The main functions of state bodies, as well as other organizations in international transport and logistics centers, are carried out on the principle of “one-stop-shop” and specialize in the provision of customs, border, logistics, operational laboratory, phytosanitary, veterinary, sanitary and epidemiological, environmental, certification and other services not prohibited by law.

International transport and logistics centers are designed to carry out operations with goods and vehicles transported across the customs border of the Republic of Uzbekistan, including the implementation of transport control, including customs and border operations in accordance with the legislation of the Republic of Uzbekistan.

Territorial transport and logistics centers are designed to provide services for warehousing, storage, processing, processing, packaging and distribution of goods, as well as storage and maintenance of vehicles on the territory of the Republic of Uzbekistan.

Standard requirements for equipping transport and logistics centers with modern technology and equipment are approved by the Cabinet of Ministers of the Republic of Uzbekistan.

Chapter 7. Transport security

Article 31. Measures to ensure the safety of transportation, operation of vehicles and transport infrastructure facilities

Transport organizations, as well as carriers, are obliged to ensure the safety of life and health of citizens, property of individuals and legal entities, operation of vehicles, transport infrastructure facilities, as well as environmental protection.

The implementation of economic and other activities that impede the functioning and security of transport infrastructure facilities, as well as the provision of transport services, is not allowed.

Employees who directly ensure the safety of vehicles and structures must have the appropriate knowledge, skills and training, as well as permission to work in accordance with the requirements of the law. These workers, as well as workers employed in jobs with especially harmful and especially difficult working conditions, must undergo a medical examination.

The territories of transport infrastructure facilities where vehicles are moving, shunting and loading and unloading operations are carried out, are areas of increased danger and, if necessary, are fenced and equipped with technical means of control. The rules for finding individuals and placing objects in high-risk areas, carrying out work in them are approved by the Cabinet of Ministers of the Republic of Uzbekistan.

Their owners are responsible for ensuring the established standards during the construction and operation of gas, oil pipelines and other structures crossing public roads and railways or located in their immediate vicinity, as well as for the safety of the operation of these structures.

Article 32. Ensuring environmental standards in the field of transport

Transport organizations and carriers are obliged to plan, organize and finance environmental protection measures, conduct departmental and production control in the field of environmental and subsoil protection, ensure compliance with established standards for environmental and subsoil protection, rational use of natural resources and other criteria governing the maximum allowable load on the environment and subsoil.

For damage caused to the environment and subsoil, transport organizations and carriers are liable in the manner prescribed by law.

Article 33. Vulnerability assessment of vehicles and transport infrastructure facilities

The assessment of the vulnerability of vehicles and transport infrastructure facilities is to determine the degree of their protection from illegal interference, as well as the level of security for their stable operation in normal mode and in cases of emergency.

Vulnerability assessment of vehicles and transport infrastructure facilities is carried out by specialized organizations in the field of transport security.

The results of the vulnerability assessment of vehicles and transport infrastructure facilities are approved by the authorized bodies in the field of transport security.

Information about the results of the vulnerability assessment of vehicles and transport infrastructure facilities is information of limited distribution.

Article 34. Categorization of vehicles and objects of transport infrastructure

Categorization of vehicles and objects of transport infrastructure is carried out by authorized bodies in the field of ensuring transport security.

The number of categories and criteria for categorizing vehicles and transport infrastructure facilities are established by the Cabinet of Ministers of the Republic of Uzbekistan.

Categorized objects are included in the register of vehicles and objects of transport infrastructure, which is maintained by authorized bodies in the field of ensuring transport security.

Article 35. Inspection at transport infrastructure facilities

In order to protect the life and health of passengers and other persons, to ensure the safety of transportation, authorized bodies at the entrance to the station, air terminal, airport, metro and bus station may inspect the vehicle, luggage, cargo luggage and cargo and personal search of passengers and other persons. If passengers and other persons refuse to be screened, entry to the station, air terminal, airport, metro and bus station is prohibited.

The list of authorized bodies that have the right to inspect a vehicle, baggage, cargo luggage and cargo, personal search of passengers and other persons, the procedure for the inspection, as well as the rules for being at railway stations, air terminals, bus stations, airports and subways of passengers and other persons are established by the Cabinet of Ministers Republic of Uzbekistan.

The procedure for the formation and maintenance of automated centralized databases of personal data on passengers, as well as the provision of the data contained in them, is established by the Cabinet of Ministers of the Republic of Uzbekistan.

Transport organizations or carriers of a foreign state that carry out international transportation to the Republic of Uzbekistan ensure the transfer of data contained in transportation documents (tickets) to automated centralized databases of personal data about passengers.

Article 36. Organization of transport in emergency situations

Transport organizations and carriers take urgent measures to eliminate accidents, catastrophes, natural hazards, natural or other disasters that have caused interference with the proper functioning of transport.

In the event of emergencies of a natural and man-made nature, the introduction of a state of emergency, contractual relations between transport organizations and carriers may be suspended by decision of the Cabinet of Ministers of the Republic of Uzbekistan in order to eliminate these emergency situations and their consequences.

In conditions of natural, social and man-made emergencies, the introduction of a state of emergency, the costs of transport organizations, multimodal transportation operators and carriers for the implementation of transportation related to the provision of mobilization readiness measures, civil defense measures and emergency rescue, as well as urgent work, are reimbursed at the expense of State budget of the Republic of Uzbekistan.

The Ministry of Emergency Situations of the Republic of Uzbekistan and local government authorities provide transport organizations, carriers with assistance in eliminating the consequences of accidents, catastrophes, natural disasters and other emergencies resulting from natural and man-made emergencies and threatening human life and health, the environment , traffic safety and safety of goods, and also take measures to prevent them, save lives and preserve people's health, protect material and cultural values, and reduce the damage (harm) caused.

Damage (harm) caused as a result of intentional obstruction on the road and other illegal actions (inaction) aimed at disrupting the smooth and uninterrupted operation of vehicles shall be compensated to transport organizations by guilty persons.

Article 37. Security of luggage, cargo luggage, cargo, postal and courier items, as well as vehicles and transport infrastructure facilities

Transport organizations, multimodal transportation operators, carriers must ensure the safety of luggage, cargo luggage, cargo, postal and courier items from the moment they are accepted for transportation and until they are issued to recipients, unless otherwise provided by the contract.

The protection of luggage, cargo luggage, cargo, postal and courier items, as well as vehicles and transport infrastructure facilities can be carried out by departmental units of paramilitary security and law enforcement agencies.

Departmental subdivisions of paramilitary guards are provided with firearms and special means. The procedure for the use of firearms and special means is established in accordance with the law.

Protection of especially important vehicles and objects of transport infrastructure is carried out by security units of the Ministry of Defense, the State Security Service, the Ministry of Internal Affairs and the National Guard of the Republic of Uzbekistan, as well as departmental units of paramilitary security.

Article 38. Ensuring transport safety

Transport safety requirements, methods of state control and supervision, public control of their compliance, as well as forms for assessing their compliance are established by regulatory legal acts and regulatory documents in the field of technical regulation.

The facilities on whose territory the production, storage, loading, transportation and unloading of dangerous goods are carried out must be removed from public places, structures, residential areas, protected natural areas and objects subject to special protection, at a distance that ensures their safe operation.

Re-equipment of communications associated with the reconstruction and repair of transport facilities located in the right of way of roads and railways is carried out at the expense of the owners and owners of such communications.

Protection and escort of dangerous and special cargoes are provided by senders or recipients of cargoes along the entire route. Owners of dangerous and special cargoes transported by transport, sending and receiving such cargoes, must guarantee the safety of their transportation, loading and unloading with the involvement of funds and mobile units necessary to eliminate emergency situations and the consequences of accidents in the event of their occurrence during the transportation of these cargoes.

Transport organizations and carriers are obliged to ensure the safety of transportation of dangerous and special cargoes and to take part in the elimination of the consequences of accidents in the event of their occurrence during the transportation of these cargoes.

Relations arising in the field of transportation of dangerous and special cargoes are regulated by law.

It is forbidden to design and build transport organizations on the areas where minerals occur, and to place underground structures in their places of occurrence. In exceptional cases, design and construction are allowed with the permission of the State Committee of the Republic of Uzbekistan for Geology and Mineral Resources.

Certain categories of transport workers, whose work is directly related to the movement of vehicles and ensuring their safety, are required to comply with the peculiarities of working hours, rest and other working conditions in the manner prescribed by law.

Transport organizations and carriers are obliged to organize preliminary and periodic medical examinations of employees whose work is related to the movement of vehicles and employed in jobs with especially harmful and especially difficult working conditions. The list of such workers and works, as well as the procedure for conducting medical examinations, are established by the Ministry of Health of the Republic of Uzbekistan.

Issues of traffic safety of vehicles on the territory of the Republic of Uzbekistan are regulated by the legislation and international treaties of the Republic of Uzbekistan.

Chapter 8. Responsibility of the carrier, multimodal transportation operator in the course of transportation

Article 39. Responsibility for obligations arising from the contract of carriage

Agreements of the carrier, and in the case of multimodal transportation – of the operator of multimodal transportation with passengers and cargo owners on the limitation or elimination of liability established by law, are recognized as invalid.

The carrier, and in the case of multimodal transportation, the multimodal transportation operator, ensures the safety of baggage, cargo luggage, cargo, postal and courier items from the moment they are accepted for transportation and until they are issued to the recipient or other authorized person.

The carrier, and in the case of multimodal transportation, the multimodal transportation operator, is liable for the loss, shortage or damage (damage) of baggage, cargo luggage, cargo, postal and courier items accepted for transportation, unless it proves that their loss, shortage or damage (damage) occurred through no fault of his.

Damage caused during the transportation of luggage, cargo luggage, cargo, postal and courier items is compensated in the following cases:

loss or shortage – in the amount of the cost of lost or missing baggage, cargo luggage, cargo, postal and courier items;

damage (spoilage) of luggage, cargo luggage, cargo, postal and courier items – in the amount by which their value has decreased, and if it is impossible to restore damaged (spoiled) luggage, cargo luggage, cargo, postal and courier items – in the amount of their value;

loss of baggage, cargo luggage, cargo, postal and courier items handed over for transportation with the declaration of their value – in the amount of the declared value of baggage, cargo luggage, cargo, postal and courier items.

If, as a result of damage (spoilage), for which the carrier is responsible, and in case of multimodal transportation, the multimodal transportation operator and the carrier participating in multimodal transport, the quality of baggage, cargo luggage, cargo, postal and courier items has changed so much that they cannot be used according to intended purpose, the recipient of baggage, cargo luggage, cargo, postal and courier items has the right to refuse them and demand compensation for their loss.

In cases of loss or shortage of baggage, cargo luggage, cargo, postal and courier items, the transport organization and the carrier, and in case of multimodal transportation – the multimodal transportation operator, consider the claims of passengers, consignors, consignees or persons authorized by them who have the right to file a claim or claim, in accordance with the legislation and international treaties of the Republic of Uzbekistan.

Laws may provide for other types of liability of the carrier, and in the case of multimodal transport - of the operator of multimodal transport.

Article 40. Liability of the transport organization, carrier and multimodal transportation operator for death or injury to the health of a passenger

The transport organization, the carrier, and in the case of multimodal transportation, the multimodal transportation operator, shall be liable in accordance with the procedure established by law for the death or injury to the health of a passenger during transportation, unless they prove that the harm arose as a result of the gross negligence of the victim or force majeure circumstances.

Chapter 9. Final Provisions

Article 41. Resolution of Disputes

Disputes arising in the field of transport are resolved in the manner prescribed by law.

Article 42. Responsibility for violation of transport legislation

Persons guilty of violating the legislation on transport are liable in accordance with the established procedure.

Article 43. Ensuring the execution, communication, clarification of the essence and meaning of this Law

The Ministry of Transport of the Republic of Uzbekistan and other interested organizations shall ensure the implementation, communication to the performers and clarification among the population of the essence and significance of this Law.

Article 44. Bringing legislation in line with this Law

Cabinet of Ministers of the Republic of Uzbekistan should:

bring government decisions in line with this Law;

ensure the revision and cancellation by the state administration bodies of their normative legal acts that are contrary to this Law.

Article 45. Entry into force of this Law

This Law shall enter into force upon the expiration of three months from the date of its official publication.

President of the Republic of Uzbekistan Sh. MIRZIYOYEV

Tashkent,

August 09, 2021

№ LRU-706