Unofficial translation
Throughout the text, the words "of disabled people", "of disabled drivers", "to disabled people", "Disabled people", “Disabled person” are replaced, respectively, with the words "of persons with disabilities", "drivers with disabilities", "to persons with disabilities", "Persons with disabilities", "Person with disabilities" by the Law of the Republic of Kazakhstan dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).
The present law establishes legal bases and general conditions of the functioning of road traffic and providing of its safety in the Republic of Kazakhstan.
Chapter 1. GENERAL CONSIDERATIONS
Article 1. Main concepts used in the following law
In the present law the following basic concepts shall be used:
1) the system of special call with the emergencies and catastrophes (further – the system of special call) is the state automated information system, which functions with the use of signals and data of navigation satellite systems, that ensures assignment to the formalized information about the road accidents and other emergencies on the motor roads of the Republic of Kazakhstan into the special operational services;
2) highway is road, specially built or reconstructed in accordance with the project for moving the vehicles, which does not belong to the roadside ownership. Access to it is possible only from other roads through the junctions in the different levels. This road shall:
has the separate roadways for the traffic in the different directions, isolated from each other by the separating line, not intended for the traffic;
not have intersections in one level with other roads, railroad and tramroads and pedestrian paths;
be specially designated as highway;
3) car is a mechanical vehicle, intended for the traffic along the roads and transportation on them of people, loads either equipment, established on it, or towing along the roads of the vehicles, intended for the transportation of people, loads or the equipment, established on it, including trolley buses. This concept does not apply to tractors and self-propelled machines;
4) the car of special designation is a vehicle, intended for the transportation and (or) escorting the guarded people;
5) a stop is a intentional curtailment of the traffic of vehicle to the period to five minutes either to the larger period, if this is necessary for landing or debarkation of passengers, load or unloading of vehicle;
6) a bicycle – a vehicle having two wheels or more (except wheelchairs for persons with disabilities) and driven by the muscular strength of the people riding it;
7) a bicycle path is a separate road or the part of the road traffic, intended for moving the bicycles and designated by the appropriate sign. Bicycle path structurally is separated from other roads or from other elements of one and the same road traffic;
8) bicycle line of road traffic is a line of roadway of the road, intended for moving the bicycles. Bicycle line of road traffic is separated from the remaining roadway with the aid of the longitudinal road marking and special signs;
9) the populated area is a built-on territory, entrances to which and departures with which are designated by the appropriate signs;
10) a pedestrian is a person who is not inside of a vehicle on the road and not working on it. Physical persons travelling in wheelchairs for persons with disabilities, driving a bicycle, an electric scooter, a small electric vehicle, a moped, a motorbike, carrying a sledge, a cart, a baby carriage shall be equated to pedestrians;
10-1) the separately chosen way is a line, intended exclusively for moving public transport, including of light rail. The separately chosen way is separated from the remaining roadway with the aid of the horizontal road marking and road signs;
11) a road is an entire line of the earth either the surface of artificial construction, shaped or fitted out and utilized for moving of vehicles and pedestrians in the order, established by present law. Road includes one or several roadways, and also tramroads, pavements, curbs and separating lines in the presence their;
12) a passenger is a person, who is on the vehicle and not running it;
13) road traffic is a complex of the social relations, which appear in the process of people displacing and loads by means of the vehicles or without the same in the limits of roads;
14) coordinates regulatory, design and technical documentation for the design, construction, repair, maintenance of roads and their management in terms of ensuring road safety, taking into account the needs of persons with disabilities in order to ensure equal access to them;
15) a participant in the road traffic is a person, who takes direct part in the process of road traffic as the pedestrian, passenger or driver;
16) a safety of road traffic is a state of road traffic, which reflects the vulnerability of its participants from the road accidents and their consequences, and also from the negative actions of road traffic on the ecological situation, health of population;
17) providing safety of road traffic is an activity, directed toward averting of road accidents, the negative actions of road traffic on the ecological situation, health of population, reduction in the gravity of their consequences, and also on the elimination of such consequences;
18) the authorized body for providing of safety of road traffic (further – the authorized organ) is a central executing agency and its territorial subdivisions in the regions, cities of republic value and capital, that exercise leadership within the limits of its scope and interbranch coordination in the field of providing safety of road traffic;
19) Is excluded by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of six months after its first official publication).20) the organization of road traffic is a complex of organizational-legal, normative-systematic, design-research, organizational and technical, control-regulatory, capable and other measures for control of road traffic;
20-1) technical means of traffic management – a set of devices, structures and images used on the roads to ensure road safety and increase road capacity;
21) the system of the risk management in the field of road traffic is a system of administration, which ensures taking effective planning and control measures, that is based on the principles of selection, optimum distribution of resources to the most priority directions of control activity;
22) roadway of the road is a part of the road, utilized for moving the vehicles;
23) the owners of roads are physical or juridical persons, that are the owners of roads or that achieve activity in control of roads on the right of economic conducting or operational control;
24) road accident is an event, which arose in the process of road traffic along the road of vehicle and with its participation, the entailed reason for harm to health, death of man, the damage of vehicles, construction, loads or another material damage;
24-1) simplified registration of a traffic accident - registration of documents on a traffic accident without the participation of employees of the internal affairs bodies of the Republic of Kazakhstan in cases established by the Law of the Republic of Kazakhstan "On compulsory insurance of civil liability of vehicle owners";
25) driver is a person, who runs vehicle, driver, who leads along the road cattle, herd, pack, draught or upper animals;
26) the driver license is a document, which confirms the right of driving the vehicle of the corresponding category. As the driver license is also considered the document, issued instead of that withdrawn or that lost on that established by the legislation of republic Kazakhstan period, with the presence of the document, which certifies the personality of the owner of the driver license;
26-1) smart transport system - a complex of interconnected automated systems that provide management, monitoring and control of traffic and activities for the transportation of passengers, baggage, cargo and mail, as well as certified special control and measuring technical means, instruments and equipment operating in automatic mode, fixing violations of the legislation of the Republic of Kazakhstan on road traffic and on road transport;
27) a unified transport document management system - an information system that provides registration, accounting, processing and storage of documents related to the activities of transportation of passengers, baggage, cargo and mail in the field of road transport and the transfer of formalized information about such documents to the relevant authorized state bodies and participants in the transportation process in the manner determined by the legislation of the Republic of Kazakhstan on road transport;
27-1) the administrator of the systems of electronic vehicle passports (vehicle chassis passports) and electronic passports of self-propelled vehicles and other types of equipment (hereinafter referred to as the administrator of electronic passport systems) – is the organization determined by the Eurasian Economic Commission which is entrusted to coordinate actions for the design of electronic passport systems of vehicles (vehicle chassis passports) and electronic passports of self-propelled vehicles and other types of equipment including commissioning, operation, performance optimization, ensuring and controlling access, security, tracking technical support issues for these systems, interacting with system participants and authorities with inclusion of new participants into these systems and initiating measures necessary for harmonizing state legislation of the members of the Eurasian Economic Union in regard to the function;
27-2) the system of electronic vehicle passports (vehicle chassis passports) and electronic passports of self-propelled vehicles and other types of equipment, (hereinafter referred to as the electronic passport system) is a structured complex including computing and communication equipment, software, linguistic means, information resources, system personnel, participants and users interacting in accordance with the rules established in this system as well as implementing the information technology for performing the statutory functions of this system;
27-3) a national operator (national administrator) of the system of electronic vehicle passports (vehicle chassis passports) and electronic passports of self-propelled vehicles and other types of equipment (hereinafter referred to as the national operator (national administrator) of the electronic passport system) is a legal entity that organizes the work with the administrator of the electronic passport system by ensuring safety and interaction with participants and authorities of the electronic passport system;
28) vehicle is a machine, intended for the transportation along the roads of people, loads or the equipment, established on it;
28-1) the primary registration of vehicle is a state registration of vehicle, for the first time achieved in the territory of republic Kazakhstan;
29) the owner of vehicle is the owner of vehicle, and also the person, who manages vehicle on the right of economic conducting or right of operational control or on another law (the right of lease, the order of the corresponding body about the transfer to this face of vehicle). Is not the owner of vehicle the person, who runs vehicle in view of the performance of its official or working responsibilities, including on the basis of working or civil-legal agreement with the owner or another owner of vehicle or on the basis of their command without the formulation of the written form of transaction;
29-1) a vehicle passport (vehicle chassis passport) is a passport issued to motor vehicles intended for movement on public roads having an internal combustion engine with a working volume of more than fifty cubic centimeters or an electric motor (electric motors) with a maximum (total) capacity of more than four kilowatts and (or) the maximum design speed of more than fifty kilometers per hour and trailers to them (the passport issued on the chassis of the vehicle in case of delivery of chassis to consumers);
29-2) a vehicle electronic passport (vehicle chassis passport) is a vehicle passport (vehicle chassis passport) drawn up in the system of electronic passports of vehicles (vehicle chassis passports);
30) the state registration of vehicle is a procedure of the admittance of vehicle to the participation in the road traffic, achieved by the authorized body after checking of the correspondence of documents to the legislation of republic Kazakhstan, collation of the identification numbers of vehicle with the delivery of certificate of the registration of vehicle and awarding of state registration identification tag;
31) certificate of the state registration of vehicle is a document, which confirms the admittance of vehicle to the participation in the road traffic;
32) active safety of vehicles is a complex of the design and performance properties of the vehicles, directed toward averting of road accidents and exception of the prerequisites of their appearance, connected with the design features of vehicle;
33) the passive restraint of vehicles – complex of design and operating characteristics of the vehicles, directed toward reduction in the gravity of road accidents;
34) the authorized body in the region of transport and communication – central executing agency, which exercises leadership in the field of truck transport, and also in the limits, provided by the legislation of republic Kazakhstan, interbranch coordination;
35) the region of activity is a territory, determined by the authorized body in the region of transport and communication, on which are absent the stationary lines of the technical inspection;
36) state report – annual report about the state of safety of road traffic;
37) state registration identification tag – article, which is the property of state and the containing individual alphanumeric designation, appropriated to mechanical vehicle and prepared in accordance with the requirements of national standard. This concept applies to identification tags “transit”;
38) a mechanical vehicle - a self-propelled road vehicle driven by an engine, excluding mopeds, electric scooters, small electric vehicles and rail vehicles. The term shall also apply to tractors and self-propelled machines when they are involved in road traffic;
39) the operation of mechanical vehicle – stage of the life cycle of mechanical vehicle, which includes its use according to the designation from the moment of its state registration to the moment of utilization;
40) the united information system of the required technical inspection of mechanical vehicles and trailers to them – the electronic database, which contains the information about the owners of mechanical vehicles and trailers to them, mechanical vehicles also of trailers to them, the results of conducting the required technical inspection;
40-1) the operator of the unified information system of compulsory technical inspection of motor vehicles and trailers thereto - is a joint stock company determined by the competent authority in the sphere of transport and communications and engaged in the maintenance, development, integration and support of the unified information system of compulsory technical inspection of motor vehicles and trailers thereto;
41) moped – two- or three-wheeled vehicle, supplied with internal combustion engine with the cylinder capacity, by the not exceeding fifty cubic centimeters, or electric motor and having the maximum design speed not more than fifty kilometers in hour to the mopeds are made level bicycles with the out-board motor, mokiki, scooters and other vehicles with the similar characteristics;
42) motorcycle – two-wheeled mechanical vehicle with the lateral trailer or without it, that has engine. To the motorcycles are made level the three- and four-wheeled vehicles, whose weight without the load does not exceed four hundred kilograms, scooters with the cylinder capacity, which exceeds fifty cubic centimeters, and other vehicles with the similar characteristics;
43) required technical inspection – periodic process of the diagnosis of the technical state of mechanical vehicles and trailers to them for correspondence to the requirements, established by the legislation of republic Kazakhstan;
44) parking – area of vehicle parking, which is the section of road, organized in accordance with the normative legal reports, affirmed in that established by the legislation of republic Kazakhstan order;
44-1) a passport of a self-propelled vehicle and other types of equipment is a passport issued for an internal combustion engine with a working volume of over fifty cubic centimeters or an electric motor (electric motors) with a maximum (total) capacity of more than four kilowatts, tractors, self-propelled road construction municipal machines, agricultural vehicles and other groundless trackless motor vehicles, (with the exception of motor vehicles intended for use on public roads with a maximum design speed of more than fifty kilometers per hour) and trailers to them;
44-2) an electronic passport of a self-propelled vehicle and other types of equipment is a passport of a self-propelled machine and other types of equipment drawn up in the system of electronic passports of self-propelled machines and other types of equipment;
45) parking – territory, which is the specially equipped building (part of the building), construction (part of the construction), including one- either multilevel civil construction or the special open area, intended for storing (stand) the vehicles and organized in accordance with the normative legal reports;
46) the list of the operators of the technical inspection – united enumeration of the operators of the technical inspection;
47) the operator of the technical inspection is a juridicial person or individual owner, that accomplishes activity in conducting of required technical inspection and those included in the list of the operators of the technical inspection;
48) the center of the technical inspection is a complex, intended for fulfilling the works on the diagnosis of the technical state of mechanical vehicles and trailers to them, that has for these purposes the stationary and (or) mobile line of the technical inspection;
49) the diagnostic map of the technical inspection is a document, which contains the information about the owner and mechanical vehicle also of trailers to it with the enumeration of the parameters of technical state of mechanical vehicle and trailers to it and the results of required technical inspection;
50) the stationary line of the technical inspection is a complex, equipped with the means of the diagnosis of mechanical vehicles and trailers to them for conducting the required technical inspection, located in the building or construction;
51) the mobile line of the technical inspection is a mobile complex, which consists of the special vehicle or of the mobile construction (container type), equipped with the means of the diagnosis of mechanical vehicles and trailers to them for conducting the required technical inspection;
52) a parking lot is an intentional curtailment of the road traffic of vehicle to the period of more than five minutes for reasons, not connected with embarkation or debarkation of passengers either with load or by unloading vehicle;
53) a trailer is a vehicle, not equipped with engine and intended for the traffic in the composition with the mechanical vehicle. Concept is extended also to the semitrailers and trailer-breakings up;
53-1) a small electric vehicle - a vehicle equipped with an electric motor, designed for individual mobility, having one or more wheels, excluding electric scooters and mopeds with an electric motor;
54) special operational services – services, which render special aid with the road accidents and other emergencies on the motor roads of republic Kazakhstan;
55) the device of the call of special operational services – the device, which achieves and which ensures the determination of coordinates, speed and the direction of the traffic of vehicle with the aid of the signals is not less than two operational global orbital navigation satellite systems, the transfer of communication about the vehicle with the road accident and another emergency, or double-sided oral communication with the special operational services on the networks of mobile radiotelephone circuit;
56) the operator of the system of special call – authorized organization, which accomplishes control of the system of special call;
56-1) electric vehicle - a mechanical vehicle equipped and driven by an electric motor receiving energy from batteries, capacitive storage and (or) fuel cells, and charged exclusively using an external source of electric energy;
57) an electric scooter - a vehicle of individual mobility, having two or three wheels, designed for the movement of one person by means of an electric motor(s), without a seat, with a maximum design speed of not more than twenty-five kilometres per hour.
Footnote. Article 1 with the changes, introduced by laws of the Republic of Kazakhstan dated 29.12.2014 №269- V (shall be enforced from 01.01.2015); dated 27.10.2015 № 364-V (shall be enforced after ten calendar days after the day of its first official publication); dated 17.11.2015 № 407-V (shall be enforced from 01.01.2016); dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after the day of its first official publication); dated 05.10.2018 № 184-VI (entry into force see Article 2); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); dated 02.01.2021 № 399-VI (shall be enforced from 01.07.2021); dated 12.07.2022 № 138–VII (shall be enforced sixty calendar days after the day of its first official publication); № 223-VII of 19.04.2023 (shall enter into force ten calendar days after the date of its first official publication); № 12-VIII of 29.06.2023 (shall become effective sixty calendar days after the date of its first official publication); dated 18.07.2024 № 126-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 2. Legislation of the Republic of Kazakhstan on road traffic
1. The legislation of the Republic of Kazakhstan on road traffic is based on the Constitution of the Republic of Kazakhstan and consists of this law and other normative legal acts of the Republic of Kazakhstan.
2. If the international treaties ratified by the Republic of Kazakhstan, establishes rules other than those established by this law, the regulations of the international agreements shall be applied.
3. Legal relations regulated by the legislation of the Republic of Kazakhstan on road traffic are not subject to the legislation of the Republic of Kazakhstan on public procurement in terms of the acquisition of goods, works, services for the production of driver's licenses, certificates of state registration of vehicles, state registration plates.
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 15.11.2021 № 72-VII (shall be enforced from 01.01.2022).Article 3. Basic principles of the road traffic
Basic principles of the road traffic shall be:
1) life and health priority of road traffic participants on economic results of economic activities;
2) priority of state responsibility for road safety over responsibility of road users;
3) observance of interests of road traffic participants, society and the state in ensuring road traffic safety;
4) systems approach to road safety.
Article 4. Road traffic safety system
Road safety management system is a means of realization of the State policy in the field of road traffic and includes the legal norms governing relations in the field of road safety, the combination of Central and local executive bodies, legal persons and public associations, road traffic participants, means and measures to ensure traffic safety and eliminating the consequences of accidents.
Chapter 2. State administration and policy in the field of road traffic
Article 5. State administration on field the road traffic field
State administration in the field of road traffic shall include
1) the definition, development, implementation of the state policy in the field of road traffic;
2) financing activities in the field of traffic and ensure its safety;
3) compulsory insurance of civil liability of vehicle owners to third parties, as well as the carriers - to passengers;
4) maintenance of statistical reporting and public accounting major targets of the road and ensure its safety;
5) the development, acceptance, approval and implementation of the established procedure of legislative and other normative legal acts on road safety;
6) establish the competence of the Government of Kazakhstan, central, local representative and executive bodies;
7) coordination of central and local executive authorities, individuals and legal entities in order to prevent traffic accidents and reduce the severity of their consequences;
8) maintenance of the risk management system in the field of road traffic;
9) road safety and the elimination of the consequences of road accidents;
10) To ensure the safety of roads and their capacity;
11) To ensure the safety of vehicles;
12) ensuring the safe conduct of road users;
13) international cooperation;
14) carrying out state control over the implementation of the legislation of the Republic of Kazakhstan in the field of ensuring road traffic safety;
15) any other form of government in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 5 amended by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after its first official publication); dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Article 6. State policy in the field of road traffic
1. State policy in the field of road traffic is aimed at providing favorable conditions for participants of road traffic, prevention of the road accidents and decrease in weight of their effects.
2. The main directions of state policy in the field of road traffic are:
1) safety and availability of traffic, comfort and service to its participants;
2) providing with the steady transport system;
3) decrease in risks in traffic;
4) transition to safe vehicles;
5) stimulation and encouragement of use of public transportation;
6) ensuring compliance with traffic regulations;
7) improvement of system of delivery of health care injured with the road accidents;
8) environmental protection in the field of road traffic;
9) other directions in the field of road traffic and ensuring its safety according to the Constitution, this Law, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 7. Financing of activity in the field of road traffic
Financing of activity in the field of road traffic and ensuring its safety is performed at the expense of the budgetary funds and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.
Article 8. State system of accounting of indicators of a condition of road traffic and ensuring its safety
1. A unified state system of accounting for road traffic and safety indicators are implemented in the territory of the Republic of Kazakhstan, which include information about road accidents, with killed and (or) Injured people, damaged vehicles, structures, cargo or other material damage, as well as offences in the field of road traffic, and other indicators reflecting the state of road traffic and activities to ensure its security.
2. Information on the indicators reflecting a condition of traffic and activities for ensuring its safety is posted on the official site of authorized body.
Chapter 3. COMPETENCE of the GOVERNMENT of the REPUBLIC OF KAZAKHSTAN, the CENTRAL AND LOCAL REPRESENTATIVE AND EXECUTIVE BODIES IN THE FIELD OF ROAD TRAFFIC AND ENSURING ITS SAFETY
Article 9. Competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan:
1) develops state policy in the field of road traffic;
2) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);3) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
4) it is excluded by the Law of the Republic of Kazakhstan of 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication);
5) It is excluded by the Law of the Republic of Kazakhstan of 13.06.2017 № 69-VI (shall be enforced after ten calendar days after day of its first official publication);6) It is excluded by the Law of the Republic of Kazakhstan of 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication);
7) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
8 excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
9) it is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication);
10) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);11) it is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication);
12) it is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication);
12-1) designates the national operator (national administrator) of the electronic passport system;
12-2) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);13) Excluded by Law of the Republic of Kazakhstan № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Footnote. Article 9 with the changes made by laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication); of 13.06.2017 № 69-VI (shall be enforced after ten calendar days after day of its first official publication); dated 05.10.2018 № 184-VI (shall be entered into force upon the expiry of ten calendar days after the day of its first official publication; № 223-VII dated 19.04.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 10. Competence of authorized body
Authorized body:
1) develops and implements state policy in the field of road traffic;
2) carries out monitoring of the legislation of the Republic of Kazakhstan on road traffic safety;
3) provides legal education and informing the population on road traffic safety issues;
4) develops rules of state registration and accounting of separate types of vehicles on vehicle identification number, training of drivers of mechanical transport vehicles, acceptance of examinations and issue of car driver licenses;
5) adopts road traffic regulations, basic provisions on the admission of vehicles to operation, and a list of operational and special services, whose vehicles are subject to being equipped with special light and sound signals and painted according to special colour schemes;
6) organize and implement state control over road traffic and ensuring its safety;
6-1) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication);6-2) develops the system of risks assessment and test sheets for the purpose of the state control;
7) introduces to the Government of the Republic of Kazakhstan the state report;
8) performs cross-industry coordination of activity of state bodies in the field of traffic and ensuring its safety;
9) requests and receives from the central and local executive bodies, the organizations of the data on observance of the legislation of the Republic of Kazakhstan on road traffic by them;
10) organizes scientific research and scientific and technical developments in the field of road traffic and ensuring its safety;
11) approves forms and samples of forms of car driver licenses, registration certificates of vehicles, the state registration registration plates;
12) approves an order of the organization and evaluating degree of risks of the operated roads in the territory of the Republic of Kazakhstan;
13) develops rules of the direction for survey on state of intoxication, surveys on state of intoxication and registrations of his results;
14) coordinates the regulating, project and technical documentation on design, construction, repair, the maintenance of roads and management of them regarding safety of road traffic taking into account needs of disabled people for the purpose of ensuring equal access with them;
14-1) carries out consideration of draft documents on standardization within the competence, as well as preparation of proposals for the development, introduction of amendments, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and recommendations on standardization for submission to the authorized body in the sphere of standardization;
15) coordinates in accordance with the established procedure the documentation on territorial transport planning and the organization of road traffic;
16) participates in working and state commissions on acceptance for operation of highways, road constructions, railway crossings, lines of urban electric transportation, housing estates and certain buildings and constructions and also samples of new vehicles;
17) creates and operates the state information systems in the field of road traffic and ensuring its safety;
18) regulates road traffic;
19) it is excluded by the Law of the Republic of Kazakhstan 29.03.2016 № 479-V (shall be enforced twenty one calendar days after day of its first official publication);
20) determines an order of representation and data representation by vehicle identification number to the banks and the organizations performing separate types of banking activities for execution of the duties provided by tax laws of the Republic of Kazakhstan by them in coordination with National Bank of the Republic of Kazakhstan;
21) it is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of his first official publication);
22) develops and approves rules of forming and implementation of activity of the qualification commission, an order of carrying out certification of candidates for teachers, training officers and masters of driving instruction during educational process on training of transport drivers, a form and a reporting frequency of the activity by professional associations;
23) it is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of his first official publication);
24) it is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of his first official publication);
24-1) approves rules of state registration and accounting of separate types of vehicles on vehicle identification number, training of drivers of mechanical transport vehicles, acceptance of examinations and issue of car driver licenses;24-2) carries out measures to organize and ensure the integration of information systems in the field of road traffic.
The integration of information systems in the field of road traffic includes measures to organize and ensure information interaction between information systems of informatization objects in a single information space;
25) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 10 with the changes made by laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of his first official publication); of 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of his first official publication); of 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of his first official publication); dated 24.05.2018 № 156-VI (shall be entered into force upon the expiry of ten calendar days after the day of its first official publication); dated 05.10.2018 № 184-IV (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2022 № 177-VII (shall be enforced ten calendar days after the date of its first official publication); № 223-VII of 19.04.2023 (shall enter into force ten calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Article 11. Competence of authorized body in the field of transport and communications
Authorized body in the field of transport and communications:
1) exercises the state control of observance of an order of the organization and carrying out obligatory technical inspection of mechanical transport vehicles and trailers to them operators of technical inspection;
2) develops a form of the diagnostic card of technical inspection;
3) develops an order of the organization and implementation by the legal entities and individual entrepreneurs occupied on irregular transportations of passengers and baggage, activities for safety of transportation of passengers and baggage;
3-1) approves the procedure for terminating or temporarily restricting the movement of vehicles on roads;
4) keeps the register of operators of technical inspection;
5) it is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced dated 01.01.2015);5-1) approves a technique of cost determination of services in carrying out obligatory technical inspection;
5-2) approves rules of the organization and operation of system of the emergency challenge;
5-3) approves rules of the organization and carrying out obligatory technical inspection of mechanical transport vehicles and trailers to them, frequency of passing of obligatory technical inspection of mechanical transport vehicles and trailers to them, except for mechanical transport vehicles and trailers to them Armed Forces, other troops and military formations;
5-4) defines the legal entity performing functions of the operator of system of the emergency challenge;
5-5) approves the requirements for specialized software performing information interaction with the unified information system for mandatory technical inspection of motor vehicles and their trailers;
6) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 11 with the changes made by laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of his first official publication); of 29.12.2014 № 269-V (shall be enforced from 01.01.2015); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); № 223-VII of 19.04.2023 (shall be put into effect ten calendar days after the date of its first official publication).Article 12. Competence of authorized body in the field of health care
Authorized body in the field of health care:
1) coordinates interaction of state bodies on medical support of road traffic safety;
2) develops and approves rules of performing medical examination of the person applying for receiving the right of control of vehicles, repeated medical examination of the driver of mechanical transport vehicles;
3) develops and approves rules of performing obligatory prerail and postrail medical examinations of transport drivers;
4) approves the list of medicines and medical devices of automobile first aid kits;
5) approves the list of medical contraindications at which persons are forbidden to steer vehicles;
6) will organize rendering timely medical care together with authorized body in the field of civil protection by the victim in the road accidents;
7) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 28.12.2018 № 211-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 13. Competence of authorized body of the field of education
Authorized body in the field of education:
1) coordinates interaction of state bodies on increase in education level of pupils of comprehensive schools in the field of traffic safety;
2) approves standard educational training programs on training of children in traffic regulations;
3) excluded by the Law of the Republic of Kazakhstan dated 08.01.2021 № 410-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication);4) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 08.01.2021 № 410-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 14. Competence of authorized body in the field of foreign policy activity
1. Authorized body in the field of foreign policy activity:
1) provides coordination of activity of the Republic of Kazakhstan with the international organizations and the states in the field of traffic and ensuring its safety;
2) interacts with authorized body in development of samples of the state registration plates on trucking facilities of diplomatic representations, consular establishments of foreign states, representative offices of the international organizations, foreigners, persons without citizenship, branches and representative offices of the foreign companies, legal entities with foreign participation, other special products necessary for the admission of vehicles and their drivers to participation in the international road traffic;
3) renders assistance to authorized body in safety of road traffic among transport drivers of diplomatic representations, consular establishments of foreign states, representative offices of the international organizations, foreigners, persons without citizenship, branches and representative offices of the foreign companies, legal entities with foreign participation;
4) organizes interaction of authorized body with diplomatic representations, consular establishments of foreign states, representative offices of the international organizations, foreigners, persons without citizenship, branches and representative offices of the foreign companies, legal entities with foreign participation in carrying out state registration of separate types of mechanical transport vehicles and trailers to them, acceptance of examinations and issue of car driver licenses and also rendering the appropriate legal assistance;
5) organizes carrying out obligatory technical inspection of mechanical transport vehicles and trailers to them diplomatic representations, consular establishments of foreign states, representative offices of the international organizations, foreigners, persons without citizenship, branches and representative offices of the foreign companies, legal entities with foreign participation;
6) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
2. The functions specified in subparagraphs 2) – 6) point 1 of this article, are assigned by authorized body in the field of foreign policy activity to the subordinated organization for work with diplomatic corps.
Article 15. Competence of authorized body in the field of civil protection
Authorized body in the field of civil protection:
1) organizes coordination of interactions of state bodies at liquidation of the emergency situations which resulted from effects of the road accidents;
2) issues to officials, individual entrepreneurs and legal entities of the instruction on liquidation of the emergency situations which resulted from effects of the road accidents;
3) mobilizes material resources at liquidation of the emergency situations which resulted from effects of the road accidents;
4) provides activity of the rescue services (including airmobile groups) involved in liquidation of the emergency situations which resulted from effects of the road accidents;
5) creates, will organize and provides activity of route medico-rescue points;
6) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Article 15-1. Competence of the authorized body in the field of industrial development
Footnote. The heading of Article 15-1 as amended by the Law of the Republic of Kazakhstan dated 25.06.2020 № 347-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).
Authorized body in the field of industrial development:
1) implements the Agreement on introduction of unified forms of a vehicle passport (vehicle chassis passport) and self-propelled vehicle passports and other types of equipment including organization of electronic passport systems in terms of organizing electronic passport systems;
2) compiles and maintains the national part of the unified register of authorized bodies (organizations) and organizations-manufacturers of vehicles (vehicle chassis), self-propelled machines and other types of equipment that carry out registration of vehicle passports (vehicle chassis passports) and passports of self-propelled machines and other types of equipment including the drawing-up of electronic vehicle passports (vehicle chassis passports) and electronic passports of self-propelled vehicles and other types of equipment;
3) provides submission to the Government of the Republic of Kazakhstan for designation of the national operator (national administrator) of the electronic passport system;
4) specifies the procedure and conditions for issuing an opinion on the granting of authority to organizations or refusing to grant authority to issue vehicle passports (vehicle chassis passports) and passport for self-propelled machines and other types of equipment including the drawing-up of electronic vehicle passports (vehicle chassis passports) and electronic passports of self-propelled machines and other types of equipment;
5) approves the requirements for the protection elements of a vehicle passport (vehicle chassis passport) and passports for self-propelled machines and other types of equipment;
6) exercises other powers and authority prescribed by this Law, other Laws of the Republic of Kazakhstan, Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Chapter 3 is supplemented by Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 25.06.2020 № 347-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 16. Competence of bodies of military police
Bodies of military police:
1) ensure traffic safety of vehicles of bodies of a homeland security, Armed Forces, other troops and military formations of the Republic of Kazakhstan;
2) carry out state registration of motor vehicles and their trailers of the Armed Forces, other troops and military formations of the Republic of Kazakhstan, except for the Special Forces of the State Security Service of the Republic of Kazakhstan, together with the issuance of relevant documents and state registration plates;
3) perform carrying out obligatory technical inspection of the mechanical transport vehicles and trailers to them registered in bodies of military police, in the order determined by the first heads of the central state bodies in the field of a homeland security, defense and internal affairs;
4) in coordination with authorized body organize and provide maintenance of columns of vehicles of bodies of a homeland security, Armed Forces, other troops and military formations of the Republic of Kazakhstan and perform regulation of traffic on roads and streets during passing of these columns;
5) develop the rules of state registration of mechanical transport vehicles and trailers to them Armed Forces, other troops and military formations of the Republic of Kazakhstan approved by the first head of law-enforcement bodies, authorized bodies in fields of a homeland security, defense of the Republic of Kazakhstan;
6) perform other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 16 with the changes made by laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication); of 13.06.2017 № 69-VI (shall be enforced after ten calendar days after day of its first official publication); № 291-VІ as of 27.12.2019 (shall be enforced ten calendar days after its first official publication).Article 16-1. Competence of the bodies performing operational search activity
The bodies performing operational search activity are developed and approve service regulations of vehicles of the bodies performing operational search activity.
Footnote. Chapter 3 is supplemented with article 16-1 according to the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication).Article 17. Competence regional, cities of republican value, capital and district (cities of regional value) representative and executive bodies
1. Regional, cities of republican value, capital and district (cities of regional value) representative bodies:
1) at the approval of the local budget determine the amounts of financing of actions for the organization of road traffic and territorial transport to planning;
2) consider reports of heads regional, the cities of republican value, the capital and district (the cities of regional value) executive bodies concerning road traffic safety;
3) perform according to the legislation of the Republic of Kazakhstan other powers on providing the rights and legitimate interests of natural persons.
2. Regional, the cities of republican value, the capital and district (the cities of regional value) executive bodies within the competence and the region:
1) ensure traffic safety in the respective territory;
2) organize and carry out a package of measures for medical support of the road traffic safety and control their execution;
3) provide accomplishment and control of all work types on construction, reconstruction, repair, implementation and the maintenance of technical means of regulation of road traffic on roads of regional and district value, streets of settlements;
4) develop and implement actions for the organization of road traffic on roads;
5) provide in town-planning documentation availability of the section on territorial transport planning and the organization of traffic;
6) create the organizations specializing in ensuring functioning of intelligent transportation systems;
7) perform monitoring of losses from the road accidents and budget costs on road traffic safety and also efficiency of the taken measures on decrease in level of accident rate on roads;
8) take measures for decrease in transport load of settlements in the way:
developments, acceptance and accomplishment of the master plan of settlements taking into account development of public transportation and the organization of road traffic;
establishments of special zones of the organization of road traffic by introduction of different restrictions for entrance of vehicles on certain urban areas;
information support of road traffic in settlements;
9) liquidate effects of the road accidents for recovery of traffic on roads;
10) it is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of its first official publication);
11) perform other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan for the benefit of local public administration.
Footnote. Article 17 with the change made by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of his first official publication).Article 18. Coordination of activity in the field of the road traffic and ensuring its safety
1. Coordination of activity in the field of road traffic and ensuring its safety is performed by development and implementation by state bodies, physical persons and legal entities of coordinated actions for the purpose of increase in overall performance according to timely prevention of the road accidents, elimination of the reasons and conditions promoting their commission, and decrease in weight of their effects.
2. The main objectives of coordination activity are:
1) efficiency evaluation of activity of state bodies, physical persons and legal entities;
2) development of suggestions for improvement of the legislation of the Republic of Kazakhstan on road traffic;
3) hearing of reports of heads and officials on the work which is carried out by them and development of suggestions for improvement of their activity in the field of traffic and ensuring its safety;
4) entering into state bodies and organizations of offers on involvement of officials to disciplinary responsibility for rejection of measures for the organization of road traffic and to ensuring its safety.
Chapter 4. RISK MANAGEMENT SYSTEM AND STATE CONTROL IN THE FIELD OF ROAD TRAFFIC
A footnote. The title of Chapter 4 as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).
Article 19. Risks in the field of road traffic
1. Emergence of the road accidents and their effect are possible as a result of the available risks in the field of road traffic connected with implementation of activities for the following directions:
1) risk of the organizations performing freight and passenger road traffic. To him the risk of release in operation of the mechanical transport vehicle having technical malfunctions and also the admission belongs to control of vehicles of persons which state of health does not provide safe management with them;
2) risk of managing directors of highways, railway crossings and other road constructions. To him the risk of maintenance of roads, railway crossings and other road constructions treats with violation of requirements of their operation;
3) risk of the medical organizations.
This risk includes:
rendering untimely medical care injured with the road accident;
the admission of the persons to participation in road traffic having medical contraindications or restrictions to control of vehicles;
4) risk of the educational organizations. The risk of low-quality training of candidates for drivers of mechanical transport vehicles and children in road traffic regulations as a result of violation of the requirements established by the legislation of the Republic of Kazakhstan concerns to him;
5) risk of the project and construction organizations. The risk of design, construction, repair and reconstruction of roads and objects of road infrastructure without safety requirements of traffic concerns to him;
6) risk of the organizations performing works and providing services in technical maintenance and repair of vehicles. To him the risk of carrying out technical maintenance and repair of vehicles treats with violations of the regulations and rules established by manufacturing plants of vehicles, requirements of technical regulations about safety of wheel vehicles and requirements to emissions of the hazardous (contaminating) substances of vehicles;
7) risk of the organizations performing design and production of vehicles. The risk concerns to him:
design and production of vehicles without requirements of their safety in the conditions of road traffic;
imperfections of a design, the engineering procedures or control systems of products of serial and mass production which are not allowing to provide fulfillment of requirements of safety concerning the made vehicles and their components;
8) risk of bodies for confirmation of conformity and test laboratories. The risk concerns to him:
confirmations of conformity of the vehicles, pieces of the equipment and spare parts installed and (or) used on them with violations of the requirements provided in areas of technical regulation of safety of vehicles;
commission of the road accident owing to imperfection, absence or technical malfunctions of separate elements of a design of the new vehicle;
imperfections of the engineering procedures or control systems of products of serial and mass production which are not allowing to provide fulfillment of requirements of safety concerning the new vehicles and their components put into operation;
9) risk of the organizations performing technical inspection. The risk concerns to him:
imperfections of engineering procedures or control systems of lines of technical inspection of the vehicles which are not allowing to provide fulfillment of requirements of safety concerning the operated vehicles and their components;
low-quality carrying out technical inspection of mechanical transport vehicles as a result of violation of the requirements established by the legislation of the Republic of Kazakhstan;
10) risk of the trading organizations. The risk of sale of vehicles, pieces of the equipment and spare parts which can be established and used on the vehicles which are not conforming to engineering requirements of safety of vehicles concerns to him;
11) risk of owners of roads and vehicles. The risk of road maintenance and vehicles with the conditions creating high extent of commission of the road accidents concerns to him.
2. Risk management system in the field of road traffic is installed by this Law.
Footnote. Article 19 with the change made by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication).Article 20. System of risk management and internal control in the field of road traffic
1. The risk management system in the field of road traffic is aimed at minimizing the likelihood of accidents, as well as the severe consequences (death and injury of people) as a result of road traffic accidents.
2. The road traffic risk management system is a constantly structured process carried out by the State authorities in the field of road traffic to identify, assess, monitor, reduce risks and their consequences affecting the state road traffic safety.
3. The risk management process includes the following stages:
1) Identification of risks:
Assessment of risk and risk factors (systematic and constant monitoring, analysis of all possible causes of road accidents, qualitative estimation of their probability and size);
Classification of risks (research of specifics of risks and factors which lead to their occurrence, influence on their development, expert estimations of historical data, the map of risks);
2) Measurement (assessment) of risks, the frequency of which is determined according to the importance of risk, but not less than twice a year;
3) Implementation of risk analysis;
4) Selection and application of the risk management method;
5) correction of risk management systems in the field of road traffic;
6) Planning and carrying out of control measures.
4. State bodies carrying out activities in the field of road traffic shall form a system of risk management and internal control in the field of road traffic, which should contain:
1) Powers and functional duties on risk management and internal control of officials of central and local executive bodies, their responsibility;
2) Risk management and internal control procedures;
3) limits on the permissible size of risks separately on their classification in the field of road traffic;
4) Internal procedures for reporting on risk management and internal control to the authorized body, central and local executive bodies;
5) Internal criteria for assessing the effectiveness of the risk management system in the field of road traffic.
The procedure for forming the system of risk management and internal control in the field of traffic is established by the central and local executive bodies within their competence.
5. The criteria of risk assessment in the field of road traffic are approved by the joint order of the control and supervision bodies and the authorized body and published on official Internet resources of State bodies.
6. Planning of control activity by State bodies shall be carried out on the basis of the system of risk management in the field of the road traffic, established by this law.
Article 21. State control in the field of road traffic
A footnote. The title of Article 21 as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).
1. State control in the field of road traffic shall be carried out by authorized state bodies within their competence, established by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the Republic of Kazakhstan, in the form of unscheduled inspection and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
2. The state control provided for in paragraph 4 of Article 129 of the Entrepreneurial Code of the Republic of Kazakhstan shall be carried out in accordance with this Law.
Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Article 22. Officials carrying out state control in the field of road traffic
Officials carrying out state control and supervision include:
1) the Chief state Inspector of the Republic of Kazakhstan on safety of road traffic – the head of the Office of the authorized body;
2) Deputies of the chief state Inspector of the Republic of Kazakhstan on Road traffic safety – Deputy heads of the Office of the authorized body;
3) State Inspectors of the Republic of Kazakhstan on safety of road traffic – Specialists on State control of the Office of the authorized body;
4) The main state inspectors of oblasts, cities of Republican significance, the capital for ensuring road traffic safety – Heads of territorial subdivisions of the authorized body;
5) Deputies of the main state inspectors of oblasts, cities of Republican significance, the capital for road Traffic safety – deputy heads of territorial subdivisions of the authorized body;
6) State inspectors of oblasts, cities of Republican significance, capital, cities of regional significance, areas for road traffic safety – specialists in state control of territorial units of the authorized body.
Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Article 23. The rights and obligations of officials of the authorized body carrying out state control in the field of road traffic
1. Officials of the authorized body carrying out state control in the field of road traffic shall have the right to:
1) to give legal entities, individual entrepreneurs and officials the mandatory requirements for the elimination of violations of normative legal acts in the field of road traffic safety, and in case of failure to take such Requirements of the necessary measures to bring the guilty persons to the responsibility stipulated by the laws of the Republic of Kazakhstan. The regulations shall be given according to their competence in writing, indicating the time frame for providing information on the measures taken;
2) temporarily restrict or prohibit road traffic, change its organization on separate sections of roads in the prevention and (or) liquidation of emergency situations of social, natural and technogenic nature and their consequences, adverse Road-climatic conditions; In carrying out mass events in order to create the necessary conditions for the safe movement of vehicles and pedestrians, or if the use of means of transport threatens the safety of road traffic; If the railway crossings do not meet the rules of their maintenance in a safe for road traffic condition; At carrying out of repair-building and other works on roads; In the conduct of anti-terrorist operation and (or) security measures;
3) to restrict or prohibit the carrying out of repair-construction and other works on roads, carried out in violation of requirements of normative legal acts in the field of road traffic safety;
4) prohibit the operation of vehicles and their trailers, tractors and other self-propelled machines in cases envisaged by the laws of the Republic of Kazakhstan, including the removal of state registration number plates, until the reasons for such prohibition are eliminated, as well as in the presence of faults and conditions, the list thereof being approved by the authorised body, and the operation of trolleybuses and trams - in the presence of faults stipulated by the relevant rules of technical operation; prohibit the exploitation of vehicles that have hidden, forged, altered numbers of units and assemblies or state registration number plates, as well as if the markings of the vehicles do not correspond to the data indicated in the registration documents;
5) to call in accordance with the procedure established by the Law of the Republic of Kazakhstan persons and officials on the cases and materials in production, to receive from them the necessary explanations, certificates and documents (copies thereof);
6) use for delivery to a medical organization of individuals in need of emergency medical care, as well as in other cases provided for by the legislation of the Republic of Kazakhstan, vehicles of individuals and legal entities, except for vehicles belonging to diplomatic, consular and other representations of foreign states, international organizations, and special-purpose vehicles, with reimbursement of expenses in the manner determined by the Government of the Republic of Kazakhstan;
7) Participate in fulfillment of functions of the State customer entrusted to the authorized body on development and manufacture of technical means of control over observance of road traffic rules, rescue equipment, applied on Place of a traffic accident in order to reduce the severity of its consequences, as well as other technical means, automated systems and devices that contribute to the improvement of road traffic safety;
8) to carry out in accordance with the legislation of the Republic of Kazakhstan the detention of the wanted vehicles;
9) refuse to provide a public service to a person who failed to timely execute a resolution on the imposition of an administrative penalty in the form of a fine and (or) an order on the need to pay a fine in the field of road safety, prior to their execution;
10) allow the driver to leave the cabin (saloon) of the vehicle in cases of absence from his side of the threat to life or health of the employee of the internal affairs body (wrongful conduct, similarity with the person being wanted, suspicion in the state intoxication).
2. Officials of the authorized body shall be obliged to monitor compliance with the legislation of the Republic of Kazakhstan on road traffic.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan of 03.07.2017 № 83-VI (shall be put into effect after ten calendar days after the date of its first official publication); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); № 223-VII of 19.04.2023 (shall take effect ten calendar days after the date of its first official publication); dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Article 24. Implementation of state control in the domain of road traffic
1. The main state republic inspector of Kazakhstan on supplying of safety of road traffic has right on questions related to his competence:
1) to participate in manufacture and realization of mainstreams of state policy in the domain of road traffic, as well as in co-ordination of activity of the central and local bodies of the Republic of Kazakhstan;
2) to present authorized unit in mutual relations with Republic Government of Kazakhstan, the central and local bodies;
3) to introduce to the central and local bodies of the Republic of Kazakhstan and the organization of the prescript (resolutions, representations) about elimination of infringements of the legislation.
4) to present the Republic of Kazakhstan interests pursuant to the Republic legislation of Kazakhstan in international organizations and in mutual relations with foreign states;
5) to perform management by activity of the main state inspectors of areas, the cities of republic value, capital city on safety assurance of road traffic.
2. By results of conducted state control by state inspectors following acts are:
1) act by results of execution of check;
1-1) act by results of execution of test of motor roads, road structures , hardware of regulation of traffic and railway crossings;
2) protocol about administrative offence;
3) prescript about elimination of traffic infringements of the Republic of Kazakhstan;
4) the resolution on involvement of perpetrators to administrative responsibility in case of violation of the law of the Republic of Kazakhstan about traffic.
3. Individuals and legal entities shall be subject to control over compliance with the norms, rules, technical regulations and national standards in the field of road traffic.
4. The authorized body shall issue binding instructions on elimination of violations of requirements of the legislation of the Republic of Kazakhstan, and in case of failure to take the necessary measures under these instructions, it shall bring the perpetrators to responsibility established by the laws of the Republic of Kazakhstan.
Footnote. Article 24 with the change made by the Law of the Republic of Kazakhstan dated 07.03.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); dated 05.10.2018 № 184-IV (shall be enforced upon expiry of six months after its first official publication).Chapter 5. MANAGEMENT of the ACTIVITY AIMED AT PROVIDING TRAFFIC SAFETY AND ELIMINATION OF CONSEQUENCES of ROAD ACCIDENTS
Article 25. Actions for the organization of road traffic
1. Actions for the organization of road traffic are carried out for increase in its safety and capacity of roads by authorized body in the field of transport and communications, local executive bodies, natural and legal entities under which authority roads and also territorial divisions of authorized body.
2. For ensuring high capacity of roads and road traffic safety owners of roads:
1) carry out activities for the organization of traffic and transport planning on the basis of documentation on territorial transport planning and the organization of road traffic;
2) provide the round-the-clock operation and expeditious repair of technical means of regulation of traffic according to requirements of technical regulations.
3) organize separately allocated ways on roads which width and quantity of lanes allow to provide exclusive public transport service, including easily rail transport.
3. The public authorities which are carrying out actions for territorial transport planning and the organization of road traffic within the competence:
1) provide development and the approval of documentation on territorial transport planning and the organization of road traffic;
2) provide interregional and regional coordination of joint design and realization of actions in the field of territorial and transport planning and the organization of road traffic, including coordination of projects and definition of sources of financing;
3) establish requirements to accounting of carrying and throughput opportunities of the territorial transport systems when planning construction of facilities of mass stay of people;
4) establish requirements to an order of placement of capital construction projects and their accession to a street road network for ensuring account carrying and the capacity of the transport system of settlements;
5) establish requirements for accounting of the existing and perspective level of automobilization in settlements at transport planning, development and placement of objects of transport infrastructure;
6) introduce requirements for establishment and updating of red lines, obligatory observance of regulations of use of territories in their borders and also to reservation of territories for the planned placement of objects of transport infrastructure;
7) establish legal criteria for evaluation and standard requirements to transport coherence and availability of territories;
8) provide interrelation of activities for territorial transport planning and the organization of road traffic;
9) use technical means, devices and designs which application is regulated by documents on standardization and is provided by documentation on the organization of road traffic;
10) establish the main standard legal requirements to installation and operation of technical means of regulation of road traffic;
11) establish other requirements provided by the legislation of the Republic of Kazakhstan to the transport systems, the organization of road traffic and the transport infrastructure providing steady functioning of the transport systems in settlements and in the territories adjoining to them.
4. The central and local executive bodies within the competence have the right to create zones of the special organization of road traffic by introduction of various restrictions for entrance of vehicles on the certain urban areas which are characterized by excess loading by traffic flows and anthropogenic load of the environment.
5. For control of compliance of transport and operational characteristics of a street road network to requirements of the transport system by the central and local executive bodies within the competence monitoring of road traffic by collecting, processings and accumulation of data on parameters of the movement of vehicles (speed of the movement, intensity, level of loading, intervals of the movement, dislocation and a condition of technical means of regulation of road traffic) on roads, streets, their certain sites, transport hubs, characteristic sites of a street road network of settlements is carried out.
6. In order to ensure the safety of movement of special-purpose vehicles, the State Security Service of the Republic of Kazakhstan in the cities of Astana and Almaty, and the national security bodies - in other administrative-territorial units, have the right to determine the speed and routes of their movement on highways or separate sections of roads (special routes) and impose restrictions on movement, stopping and parking of vehicles, temporarily change the direction of traffic.
When holding security actions production of all types of repair, construction, installation and other work on special routes and territories and water areas adjoining to them is carried out in coordination with Service of the state protection of the Republic of Kazakhstan. During security actions all types of repair, construction, installation and other work on special routes can be suspended.
Footnote. Article 25 with the changes made by laws the Republic of Kazakhstan dated 04.07.2014 № 233-V (shall be enforced after ten calendar days after day of its first official publication); dated 27.10.2015 № 364-V (shall be enforced after ten calendar days after day of its first official publication); dated 05.10.2018 № 184-IV (shall be enforced upon expiry of six months after its first official publication); № 291-VІ as of 27.12.2019 (shall be enforced ten calendar days after its first official publication); dated 05.11.2022 № 157-VII (shall be enforced ten calendar days after the date of its first official publication).Article 26. The main requirements for safety of road traffic in the course of its organization
1. In the territory of the Republic of Kazakhstan right-hand road traffic of vehicles is established.
2. The uniform order of road traffic, appointment and action of technical and other means of regulation of road traffic in all territory of the Republic of Kazakhstan are established by traffic regulations.
The road signs and signals, light road signals established on roads of the Republic of Kazakhstan and marking of roads have to correspond to the international treaties ratified by the Republic of Kazakhstan.
3. Activities for the organization of road traffic have to be carried out according to safety requirements on the basis of complex use of technical means and designs which application is regulated by technical regulations and it is provided by projects and schemes of the organization of road traffic.
Article 27. Change of the road traffic organization
1. Change of the organization of road traffic is carried out by means of change of the direction, introduction of temporary prohibition or temporary restriction of the movement of pedestrians, vehicles and self-propelled cars on roads, including restrictions of speed of the movement of vehicles, self-propelled cars, their weight and loads of axes, overall dimensions.
2. Temporary restriction or prohibition of road traffic, change of its organization on roads or certain sections of roads shall be in cases if:
1) road traffic threats to security, including life and (or) to health of natural persons;
2) threats of safety of roads;
3) road accident;
4) pollution of atmospheric air are higher than standards of threshold limit values of chemical and other substances;
5) natural disasters, adverse road climatic conditions;
6) holding mass, sporting and other events for creation of necessary conditions for the safe movement of vehicles and pedestrians or when use of vehicles threatens road traffic safety;
7) if railway crossings don't meet the requirements of safety of road traffic;
8) carrying out on roads of repair and construction and other works;
9) conducting anti-terrorist operation and (or) security actions;
10) holding actions for prevention and (or) elimination of emergency situations of social, natural and technogenic character and their consequences;
11) discrepancies of indicators of a condition of structural elements of roads to technical norms of safety of road traffic;
12) excess loading in the way:
ensuring paid access for the purpose of ensuring standard capacity of roads;
restriction or ban of entrance of certain categories of vehicles at the scheduled time;
restrictions of the movement of cargo and transit vehicles;
13) holding actions for road traffic safety:
at escort of cars of special function;
organized bus columns;
army columns.
3. At approach of the cases provided by paragraph 2 of the real article, the decision on introduction of temporary prohibition or temporary restriction of the movement of vehicles on roads is accepted by owners of roads together with authorized bodies within their competence.
4. Owners of roads at approach of the cases provided by paragraph 2 of the real article take immediate measures for temporary restriction or prohibition of traffic, change of its organization on roads or certain sections of roads with the notification of it of participants of traffic through mass media.
5. For ensuring the safe movement of vehicles and pedestrians the authorized body has the right to take measures for restriction or prohibition of carrying out on roads of the repair and construction and other works which are carried out with violation of requirements of regulations in the field of safety of road traffic.
Article 28. Requirements to legal entities and individual entrepreneurs on road traffic safety
1. The legal entities and individual entrepreneurs who are carrying out the activity connected with operation of vehicles are obliged:
1) to organize work of drivers according to the requirements ensuring safety in the course of road traffic;
2) to observe the work-rest schedule of drivers set by the legislation of the Republic of Kazakhstan on the motor transport;
3) to create conditions for professional development of the drivers and other workers of motor and land city electric transport ensuring road traffic safety;
4) to analyze and remove the causes of the road accidents and violations of the real Law;
5) to provide control of technical condition, operation of vehicles in good repair;
6) to provide performing pretrip and posttrip medical examinations of drivers;
7) organize activities to improve the skills of drivers in providing first aid to victims of road traffic accidents.
2. The specialized enterprises which are carrying out activities for transportation by motor and land city electric transport establish special rules and impose to drivers of vehicles requirements for safety of traffic taking into account a sort of freights, features of their transportations.
Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 29. Medical support of road traffic safety
1. Medical support of traffic safety consists in:
1) performing medical examination of the person applying for obtaining the right of control of vehicles, repeated medical examination of the driver of mechanical vehicles, medical examination of the driver of mechanical vehicles at exchange of the driver's license in connection with the termination of term of its action;
2) performing prerail and postrail medical examinations of drivers of vehicles;
3) rendering timely medical care by the victim in the road accidents;
4) training of road users, paramedics, employees of authorized bodies for ensuring road safety and in the field of civil protection in the methods of providing first aid to victims of road accidents.
2. The purpose of medical examination is definition at the person applying for obtaining the right of control of vehicles and the driver of mechanical vehicles of medical contraindications or restrictions to driver's activity.
3. The persons allowed on medical indications to control of the mechanical vehicle are brought by authorized body in the field of health care in the automated database with access for users of authorized bodies within the competence for control of observance of requirements for medical support of road traffic safety.
4. The order of the automated registration and accounting of the persons allowed on medical indications to control of the mechanical vehicle, and access to the automated database of users of authorized bodies is established by authorized body in the field of health care.
5. Repeated medical examination is performed in the following terms:
1) drivers of the mechanical vehicles which are carrying out transportations of passengers, dangerous freights, – every three years, and reached fifty-year age, – annually;
2) drivers of motor vehicles who have reached the age of sixty–five, and drivers with disabilities - every two years.
6. In the presence of medical indications in the cases determined by authorized body in the field of health care, the term of performing repeated medical examination is reduced, but not less than to one year.
7. The persons deprived of the right of control of mechanical vehicles for management by them in state of intoxication or for transfer of control of the mechanical vehicle to the person which is in such state or for evasion from passing of medical examination for definition of finding of the driver in state of intoxication have to have repeated medical examination before restoration of such right, but not earlier than before one month before the expiration of deprivation of the right of control of mechanical vehicles.
8. The early direction of drivers of mechanical vehicles on repeated medical examination with the indication of its reason can be initiated:
1) authorized body, the employer at whom the driver of the mechanical vehicle is employed, – at manifestation of symptoms of the disease included in the list of the diseases and contraindications forbidding the admission of persons to control of mechanical vehicles, self-propelled cars or setting restrictions of the right of management of them;
2) the organization of health care – at identification at the driver of the mechanical vehicle of the disease included in the list of the diseases and contraindications forbidding the admission of persons to control of mechanical vehicles or setting restrictions of the right of management of them.
9. Control of timely passing of repeated medical examination by drivers of mechanical vehicles is exercised at:
1) delivery and exchange of the driver's license and also at its return after withdrawal;
2) it is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of its first official publication);
3) employment of drivers of mechanical vehicles and in the period of a labor relationship with them.
10. Prerail and postrail medical examinations of drivers of mechanical vehicles are performed:
1) the legal entities and individual entrepreneurs who are carrying out the activity connected with operation of vehicles;
2) educational organizations for training of drivers of vehicles.
11. Medical assistance to victims of road traffic accidents includes the provision of:
1) first aid at the scene of a traffic accident and on the way to a medical organization during the first hour;
2) emergency medical care at the scene of a traffic accident, on the way to a medical organization and in a medical organization;
3) specialized medical care for victims of a traffic accident in outpatient, hospital-replacing and inpatient conditions in medical organizations.
Footnote. Article 29 with the change made by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 30. Steady transport
1. Steady transport is the vehicles allowing to reduce the level of negative impact on the environment in the course of road traffic.
2. Steady transport has to provide:
1) availability, mobility and functioning of all means of transport to the maximum satisfaction of transport needs of their users at the minimum expenses and also competitiveness of economy and balance of regional development;
2) minimization of emissions and waste and also the minimum impact on the occupied territory and measures to noise reduction.
3. Bicycles and eco-friendly vehicles belong to steady transport.
4. Authorized body in the field of transport and communications:
1) develops and approves regulations in the field of the organization and functioning of steady transport;
2) provides functioning of steady transport.
5. Local executive bodies of areas, cities of republican value and the capital provide transport planning taking into account development of steady transport.
Article 31. Intellectual transport system
1. The intellectual transport system on the basis of a complex of the interconnected automated systems:
1) operates road traffic and work of all means of transport;
2) ensures safety and monitoring of road traffic;
2-1) provides monitoring and control over activities for the transportation of passengers, baggage, cargo and postal items;
3) informs participants of traffic on the organization of transport service;
4) collects basic data for an assessment of a transport situation;
5) forms information on a road and transport situation;
6) promptly provides information to the relevant authorized bodies in the event of criminal and emergency situations and on violations of the legislation of the Republic of Kazakhstan on road traffic and road transport;.
2. Authorized body in the field of transport and communications:
1) develops and approves regulations in the field of the organization and functioning of the intellectual transport systems;
2) provides functioning of the transport system.
3. Local executive bodies of areas, cities of republican value and the capital provide:
1) creation of specialized structures as a part of local executive bodies for the organization and operational management of road traffic;
2) introduction of modern intellectual control systems of road traffic and city passenger transport;
3) establishment of requirements to work of road and operational services in the conditions of jams;
4) strengthening the measures of state control in the field of road traffic;
5) improvement of transport planning and organization of road traffic.
Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 № 399-VI (shall be enforced from 01.07.2021); dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Article 32. Assistance to the persons who were injured in the road accidents and elimination of their consequences
1. The authorized body in the field of health care together with bodies in the field of civil protection, in the field of transport and communications, authorized body defines an order of rapid response and rendering the timely complex help to the persons who were injured in the road accidents.
2. Rapid response and rendering the timely complex help to the persons who were injured at the road accidents are provided on a basis:
1) developments and the statements of system of assistance to the persons who were injured in the road accidents during the first and the next hours. Obligatory elements of system are:
introduction of system of the emergency call;
training first aid skills for persons in accordance with the rules for training citizens of the Republic of Kazakhstan, approved by the authorized body in the field of healthcare, within the framework of general education curricula, as well as training persons applying for the right to drive vehicles;
introduction of the uniform national phone number for the message about emergency situations of the road accidents and also expeditious and single information transfer in the relevant divisions of authorized bodies;
fixing of time of obtaining information, departure and arrival on the scene, the beginnings of rendering the qualified help to victims by officials of the appropriate authorized bodies;
ensuring expeditious extraction of victims from the vehicle and other objects;
providing first aid to victims of road traffic accidents;
mitigation of consequences of emergency situations;
conducting joint scheduled exercises by the appropriate authorized bodies on assistance to the persons who were injured in the road accidents;
2) development and approval of a system for the provision and evaluation of the quality of first aid;
3) providing at an early stage of rehabilitation and support of victims in the road accidents and close dead as a result of the road accidents for minimizing of both physical, and psychological injuries;
4) creations of systems of insurance of participants of road traffic for recovery of victims of the road accidents in the way:
establishments of obligatory responsibility to the third parties;
international mutual recognition of insurance of civil responsibility of owners of vehicles to the third parties;
5) ensuring careful investigations of the road accidents for prosecution of perpetrators and rendering legal aid by the victim;
6) encouragement of researches and development in the field of improvement of measures for elimination of the reasons and consequences in connection with the road accidents.
Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 33. Operator of system of the emergency call
The operator of system of the emergency call carries out the following functions:
1) operation of system of the emergency call;
2) project management for creation and development of an emergency call system;
3) system maintenance of the hardware and software of system of the emergency call;
4) ensuring information security in the system of the emergency call;
5) excluded by the Law of the Republic of Kazakhstan dated 25.06.2020 № 347-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication);6) registration and accounting of devices of a call of the emergency field services in the system of the emergency call;
7) release of cards of identification of subscribers.
Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 25.06.2020 № 347-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 34. Equipment of the vehicles which are in operation by devices of a call of the emergency field services
Footnote. Article 34 is excluded by Law № 249-VI of the Republic of Kazakhstan as of 19.04.2019 (shall be enforced ten calendar days after its first official publication).
Article 35. Participation of public associations in implementation of actions for road traffic safety
1. The public associations created for protection of the rights and legitimate interests of participants of traffic for prevention of the road accidents according to their charters have the right in the order established by laws of the Republic of Kazakhstan:
to submit proposals to the authorized bodies for improving the documents on standardization, as well as proposals for the development, introduction of amendments, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and recommendations for standardization, technical standards and other regulatory documents in the field of road traffic and ensuring its safety;
to conduct researches of the reasons and circumstances of the road accidents at the request of dicks of public associations, to transfer materials to prosecutor's office and to represent the interests of the dicks in court;
to hold events for prevention of accident rate;
to carry out other powers which aren't contradicting the legislation of the Republic of Kazakhstan.
2. The authorized body with the consent of public associations has the right to involve them in development and holding actions for road traffic safety.
Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of six months after its first official publication).Chapter 6. MANAGEMENT of the ACTIVITY AIMED AT PROVIDING SAFETY OF ROADS AND THEIR CAPACITY
Article 36. The main requirements for safety of road traffic at design, construction, reconstruction, repair, the maintenance of roads and their management
1. Design, construction, reconstruction, repair, the maintenance of roads and management of them in the territory of the Republic of Kazakhstan have to be carried out on a basis and with observance of safety requirements of road traffic established by the real Law, technical regulations in the field of highways.
At design, construction and reconstruction of roads decrease in capital expenditure at the expense of the engineering decisions which are negatively influencing traffic safety isn't allowed.
2. Standard, project and technical documentation on design, construction, repair, the maintenance of roads and management of them regarding safety of traffic is subject to coordination and a statement in the order established by authorized body on road traffic safety.
3. Responsibility for compliance of road condition to the established requirements regarding safety of traffic at a design stage is conferred on the customer and the performer of the project, and at stages of reconstruction and construction – on the customer and the contractor.
4. The obligation for ensuring compliance of road condition in use to the established requirements of the real Law, rules, technical regulations is assigned to natural and legal entities, in possession (in maintaining) which there are roads.
5. Roads that are part of the international motorway and Asian Highway Networks shall conform to the requirements of international agreements.
Footnote. Article 36 with the changes made by laws of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication); of 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); № 223-VII of 19.04.2023 (shall be enforced ten calendar days after the date of its first official publication).Article 37. Main requirements to the official and other persons responsible for road condition, railway crossings and other road constructions
1. The official and other persons responsible for road condition, railway crossings and other road constructions, are obliged:
1) to keep roads, railway crossings and other road structures in a safe condition for movement in accordance with the requirements of national standards, norms and regulations;
2) to take measures to timely noise elimination for the movement, to prohibition or restriction of the movement on certain sections of roads when use of them threatens traffic safety.
2. The official and other persons responsible for works on roads, are obliged to ensure road traffic safety on venues of works. These places and also the idle road cars which remained upon termination of work construction materials, designs which can't be cleaned out of borders of the road have to be designated by the guides and the protecting devices, road signs meeting the established standards, and in night-time and in the conditions of insufficient visibility in addition red or yellow signal lights.
Upon completion of works on the road conditions of the safe movement of vehicles and pedestrians have to be provided.
3. The corresponding official and other persons coordinate with authorized body:
1) documentation on organization of traffic and transport planning in cities and on roads, the equipment of roads with technical means of regulating traffic, taking into account the needs of persons with disabilities of various categories; construction projects, reconstruction of roads, road structures in the manner determined by the authorized body;
2) schemes and routes of carrying out on roads of mass, sporting and other events.
Footnote. Article 37 with the changes made by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); dated 05.10.2018 № 184-IV (shall be enforced upon expiry of six months after its first official publication).Article 38. Requirements to the subjects performing road and other works on a carriageway
1. Road and other works at the traffic way including accident rescue operations shall be carried out after notification of the authorized body and the manager of roads.
The notification about the road, other works and accident rescue operations shall be sent by the work performer with information on the work area, work period and contact details (address and telephone number).
During construction of power supply networks under the carriageway, for which there is no need to change or restrict the movement of vehicles and pedestrians, notification of the authorized body is not required.
2. The official and other persons responsible for works on roads, are obliged to ensure road traffic safety in venues of road and other works as way:
1) installations at distance not less than fifty meters from the venue of road and other works in settlements and three hundred meters out of settlements of the information boards and necessary road signs warning participants of road traffic about carrying out these works;
2) installations of the maximum allowed speed of the movement of vehicles in a zone of road and other works no more than thirty kilometers per hour in settlements and no more than sixty kilometers per hour out of settlements. In zones of road and other works of big extent restriction of speed needs to be duplicated with regular frequency by installation of the corresponding signs;
3) designations of a line on which it is necessary to carry out the movement of vehicles, the corresponding and accurately visible vertical and horizontal road marking;
4) regular carrying out together with authorized body of actions for control of observance of restrictions of speed of the movement of vehicles in a zone of road and other works;
5) providing the persons occupied in road and other works on the carriageway of roads, the alarm protective clothes providing their visibility at any time at a great distance and meeting the requirements of the international and national standards.
3. It is forbidden in borders of a line of road withdrawal:
1) performance of works not related to the construction, reconstruction, overhaul, repair and maintenance of roads, as well as the placement of road service facilities, road service, outdoor (visual) advertising, police posts, sanitary and epidemiological control, customs, border, transport control, veterinary and phytosanitary control posts, construction of power supply networks under the carriageway, for which there is no need to change or restrict the movement of vehicles and pedestrians;
2) placement of the buildings, structures, constructions and other objects which aren't intended for service of the road, its construction, reconstruction, capital repairs, repair and contents and not relating to objects of road service, road service, outdoor (visual) advertizing, to posts of police, sanitary and epidemiologic control, customs, border, transport control, veterinary and phytosanitary control posts;
3) plowing of the land plots, a grass mowing, implementation of cabins and damage of forest plantings and other long-term plantings, removal of the turf and dredging, except for works on the maintenance of a line of withdrawal of the road or repair at the road.
Footnote. Article 38 with the changes made by the Law of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced after ten calendar days after day of its first official publication); dated 24.05.2018 № 156-VI (shall be entered into force upon the expiry of ten calendar days after the day of its first official publication); dated 29.06.2020 № 352-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 39. Safety of roads concerning their users
1. On roads the movement only of those vehicles which underwent the state registration is allowed and are in working technical condition.
2. Vehicles move by a carriageway only according to requirements of the real Law and traffic regulations.
3. On roads it shall be forbidden:
1) to put materials, to store them and objects on a carriageway and the sidewalk;
2) to create places of constant and temporary entrances and departures, connections and crossings with other roads;
3) to establish barriers, barriers on a carriageway and to block the movement of vehicles in other ways;
4) to establish in a branch line the signs, indexes which aren't relating to traffic except for indexes of road service, outdoor (visual) advertizing, posts of police, sanitary and epidemiologic control, customs, border, transport control, veterinary and phytosanitary control posts;
5) to establish the speed of the movement of vehicles over hundred kilometers per hour in the absence of separate carriageways for the movement of vehicles in each direction and arrangements of crossings of roads in different levels;
6) to carry out production tests of cars, tractors, other self-propelled and hook-on vehicles;
7) to place in the fixed platform line for the parking and a sink of vehicles;
8) without coordination of schemes and routes with authorized body to hold mass, sporting and other events.
4. On highways finding of pedestrians and also pets out of the vehicle is forbidden.
Footnote. Article 39 with the changes made by laws RK of 07.11.2014 № 248-V (shall be enforcedafter ten calendar days after day of its first official publication); of 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication).Article 40. Main security measures of road traffic of pedestrians
1. Activities for safety of road traffic of pedestrians have to be directed on:
1) improvement of passive safety of vehicles;
2) creation of safe conditions of use of roads, including speed control, increase in visibility of pedestrians and vehicles, improvement of technical characteristics of vehicles;
3) formation of law-abiding behavior of drivers by their informing, training and obligation of observance of traffic regulations;
4) consultation and informing pedestrians on the changes made in their interests and implementation of the measures capable to reduce risk of the pedestrian to become the victim in the road accident;
5) informing pedestrians on the coming and happened changes in the organization of traffic and implementation of the measures capable to reduce risk of the pedestrian to become the victim in the road accident.
2. For safety of traffic of pedestrians documentation on territorial transport planning and the organization of traffic has to provide:
1) planning of land use taking into account an exception of risks during the movement of pedestrians by creation of the safe routes, interconnected and convenient for movement, used by them;
2) a construction of the safe, convenient, connected among themselves pedestrian ways with their artificial lighting;
3) at a design stage and construction of roads division of the movement of pedestrian and road traffic flows by antiemergency dividing barriers and protections.
Article 41. Ensuring needs of users of roads within planning of settlements
1. When planning roads of settlements needs of all users of roads within steady city planning, demand management on services of transport and use of land resources on a basis are provided:
1) regulations of demand of the population for trips, providing priority and advantage to public transport;
2) ensuring availability of vehicles to destinations;
3) planning and placement of the markets, objects with mass stay of people taking into account safety of road traffic and uninterrupted capacity of roads and streets of settlements;
4) accounting of geographical and demographic conditions;
5) introductions of the intellectual transport system;
6) inclusions of requirements for safety of road traffic in functions on planning of settlements, transport infrastructure and use of lands of settlements.
2. Schemes of territorial and transport planning, master plans of settlements have to provide:
1) safe and uninterrupted organization of road traffic;
2) high level of protection of participants of traffic against impact of the road accidents according to the approved technical characteristics;
3) division of road traffic and pedestrian flows by construction of underground and elevated crosswalks;
4) existence of parkings, bicycle lanes or bicycle paths and also the lanes intended for public transport, including the easily rail transport moving on separately allocated way and special vehicles, the organizations of emergency medical service and a fire service;
4-1) availability of specially designated parking areas for motor vehicles equipped with electric engines, intended for equipment with electric charging stations, indicated by road signs and road markings, including at gas stations;
5) division of counter flows of vehicles the road protections limiting departure on a line of oncoming road traffic;
6) division of the crossed streams of vehicles by traffic intersections in different levels;
7) prevention of excessive concentration of vehicles, population and productions;
8) development of the territory of the settlement, including transport and engineering infrastructures, taking into account the organization of road traffic corresponding to the predicted demographic, car, road and social and economic conditions;
9) a ratio of capacity of roads, traffic intersections, parkings and parkings of vehicles from concentration of vehicles and building of territories of settlements;
10) other measures for safety of traffic at sustainable development of settlements.
Footnote. Article 41 with the changes made by the Law of the Republic of Kazakhstan dated 27.10.2015 № 364-V (shall be enforced after ten calendar days after day of its first official publication); dated 18.07.2024 № 126-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 42. Ensuring safe functioning, maintenance and improvement of road infrastructure
1. Authorized body in the field of transport and communications, local executive bodies, owners of roads are obliged to provide safe functioning, maintenance and improvement of the existing road infrastructure on a basis:
1) determination of number of the road accidents with heavy consequences in breakdown on categories of users of roads and also the major factors of transport infrastructure influencing risk for each group of users;
2) definitions of dangerous places or sections of roads of which the excessive number or weight of the road accidents, and acceptances of the appropriate remedial measures are the share;
3) evaluating safety of the existing road infrastructure and use of the repaid engineering approaches for improvement of indicators of safety;
4) implementation of regulation of rated speed of the movement of vehicles at a design stage and operation of a road network. Rated speed of the movement of vehicles over hundred kilometers per hour is established only in the presence of separate carriageways for the movement of vehicles in each direction and in case of arrangement of crossings of roads in different levels;
5) assistance to retraining of personnel and training in the field of road traffic safety in a designing process of means of ensuring of safety, check of safety and assessment of roads;
6) development and promoting the use of national standards for the design and operation of safe roads, taking into account and integrating human factors and the design of vehicles;
7) safety of venues of a roadwork.
2. Ensuring safe functioning, maintenance and improvement of road infrastructure is carried out on the basis of performance of actions for elimination of emergency and dangerous places and sites on roads.
Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of six months after its first official publication).Article 42-1. The parking in the places equipped with the special certified devices intended for collection of payment for the parking and accounting of time of the parking of vehicles
1. The places equipped with the special certified devices intended for collection of payment for the parking and accounting of time of the parking of vehicles are defined by local executive bodies of areas, cities of republican value and the capital.
2. The parking in the places provided by paragraph 1 of the real article is carried out according to rules of the parking in the places equipped with the special certified devices intended for collection of payment for the parking and accounting of time of the parking of vehicles, and tariffing approved by local executive bodies of areas, cities of republican value and the capital.
3. The special certified devices intended for collection of payment for the parking and accounting of time of the parking of vehicles have to conform to requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation.
4. Parking in places equipped with special certified devices designed to charge for parking and record the time of parking of vehicles, without payment, is prohibited, except for the cases provided for in parts two and three of this paragraph and parking rules in places equipped with special certified devices designed to charge for parking and record the time of parking of vehicles.
The following vehicles shall be exempted from the fee for the use of parking in the places provided for in paragraph 1 of this article on the basis of the relevant supporting document:
1) veterans of the Great Patriotic War, veterans of military operations on the territory of other states, veterans equated in benefits to veterans of the Great Patriotic War, labor veterans;
2) individuals with disabilities of the first or second group, legal representatives of a child with a disability;
3) mothers with many children who were awarded the Altyn Alka, Kumis Alka pendants or previously received the title of Mother Heroine, as well as those awarded the Orders of Maternal Glory of I or II degree;
4) citizens affected by nuclear tests at the Semipalatinsk nuclear test site;
5) electric vehicle owners.
Vehicles of operational and special services with flashing beacons of blue and (or) red color are also exempt from payment for the use of parking in places provided for by paragraph 1 of this article.
5. Control of observance of rules of the parking in the places equipped with the special certified devices intended for collection of payment for the parking and accounting of time of the parking of vehicles is carried out by local executive bodies of areas, cities of republican value and the capital.
Footnote. Chapter 6 is supplemented with article 42-1 according to the Law of the Republic of Kazakhstan dated 05.05.2015 № 312-V (shall be enforced after ten calendar days after day of its first official publication); with the changes made by laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced dated 01.01.2016); dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); dated 18.07.2024 № 126-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 42-2. Parking in places equipped with electric charging stations
1. Parking in places equipped with electric charging stations is carried out by drivers of motor vehicles equipped with electric motors for their charging using electric charging stations.
2. It is forbidden for vehicle drivers to park in places equipped with electric charging stations without charging them.
3. Local executive bodies of regions, cities of republican significance, the capital and districts (cities of regional significance), in agreement with the territorial divisions of the authorized body, are obliged to organize specially designated parking spaces for motor vehicles equipped with electric motors, intended for equipment with electric charging stations, indicated by road signs and road markings.
Footnote. Chapter 6 as added by Article 42-2 in accordance with the Law of the Republic of Kazakhstan dated 18.07.2024 № 126-VIII (shall enter into force upon expiry of sixty calendar days after the day of its first official publication).Article 43. Development of the safe road infrastructure providing the needs for mobility and access for users of roads
Authorized body in the field of transport and communications, local executive bodies, owners of roads are obliged to develop the safe road infrastructure providing the needs for mobility and access for users of roads on a basis:
1) accounting of all types of vehicles at construction of new infrastructure, including providing roads and streets with the intellectual transport systems, bicycle lanes or bicycle paths, lanes intended for public transport, including the easily rail transport moving on separately allocated way;
2) establishments and the approvals of the minimum ratings of safety for new projects and investments into roads which provide reflection in technical characteristics of new projects of needs of all users of roads in the field of road traffic and ensuring its safety.
Footnote. Article 43 with the changes made by the Law of the Republic of Kazakhstan dated 27.10.2015 № 364-V (shall be enforced after ten calendar days after day of its first official publication).Article 44. Arrangement of roads objects of road service
1. Authorized body in the field of transport and communications, local executive bodies, owners of roads at a design stage, reconstruction, construction and operation of roads:
1) ensure that roads are equipped with road service facilities in accordance with design standards, construction plans and general schemes for the placement of these facilities, taking into account the requirements of road safety and equipment with special technical means, devices that create equal conditions for persons with disabilities to stay with other citizens;
2)organize work of objects of road service taking into account safety of participants of road traffic;
3) provide information to participants of road traffic about existence of objects of road service and an arrangement of the nearest organizations of health care and communication, and equally in information on safe road traffic conditions on the respective sections of roads.
2. Placement of objects of road service and utilities within roads and road constructions shouldn't worsen visibility on the road and other safety conditions of road traffic provided by the legislation of the Republic of Kazakhstan on road traffic.
Article 45. Training in road traffic regulations
1. Training in road traffic regulations is provided on the basis of approximate programs and methodical recommendations.
2. Training in traffic regulations is provided in the organizations of education irrespective of the forms of ownership realizing educational programs of preschool education and training, primary, main secondary and general secondary education in the order established by authorized body in the field of education.
Article 46. Research and development in the field of safe roads and ensuring mobility
Authorized body in the field of transport and communications, owners of roads introduce modern innovative technologies of design and construction for providing safe roads and mobility with way:
1) creations of necessary conditions for carrying out research and development in the field of safe roads and ensuring mobility;
2) achievements of results of scientific research on the basis of their economic justification for inclusion in development of safer road infrastructure and allocation of necessary investments;
3) implementation of demonstration projects according to innovations in the field of increase in safety especially for vulnerable users of roads.
Chapter 7. MANAGEMENT of the ACTIVITY DIRECTED ON SAFETY OF VEHICLES
Article 47. Safety of vehicles
1. Safety of vehicles in the territory of the Republic of Kazakhstan is carried out on the basis of requirements of the legislation of the Republic of Kazakhstan and international treaties in the field of road traffic.
2. For ensuring availability of information to consumers on indicators of safety of vehicles authorized body monitoring of the international rating systems annually carries out estimates of passive and active safety of new vehicles.
Design and production of vehicles in the territory of the Republic of Kazakhstan are made taking into account the requirements established by the international treaties ratified by the Republic of Kazakhstan.
Article 48. Main requirements to the official and other persons responsible for technical condition and operation of vehicles
To the official and other persons responsible for technical condition and operation of vehicles, are forbidden:
1) to release to the line the vehicles having malfunctions with which their operation is forbidden, or converted without the corresponding permission, or which aren't registered in accordance with the established procedure, or didn't have obligatory technical inspection, and equally owners of which in the cases established by the legislation of the Republic of Kazakhstan didn't sign the contract of obligatory insurance of civil responsibility of owners of vehicles and (or) the contract of obligatory insurance of responsibility of carrier to passengers;
2) to allow to control of vehicles of drivers:
in state of intoxication (alcoholic, narcotic and (or) intoxicative);
under the influence of the medicines worsening reaction and attention;
in the painful or tired state threatening road traffic safety;
not having the right of driving of this category;
3) to send for movement along roads with asphalt and a precast slab concrete pavement tractors and self-propelled cars on caterpillar to the course.
Article 49. The main requirements for safety of road traffic at operation of vehicles
1. Technical condition and the equipment of the vehicles participating in road traffic have to ensure road traffic safety.
2. The obligation for maintenance of the vehicles participating in road traffic in technically working order is assigned to owners of vehicles.
3. If for the vehicle the allowed maximum weight is established, then the mass of the vehicle with loading shouldn't exceed the allowed maximum weight.
4. Any freight has to be placed and, in case of need, is fixed on the vehicle so that it:
1) didn't endanger people and didn't cause damage of the state and private property;
2) didn't limit visibility and visibility, didn't break stability of the vehicle and didn't complicate management of it;
3) didn't close external light devices, including a stoplight and indexes of turn, reflecting devices, the state registration plates and the distinctive sign of the state of registration which have to be on the vehicle, or didn't close the signals given by a hand;
4) didn't make inconveniences which can be avoided.
5. After modification of a design of the registered vehicle, including of a design of its components, pieces of the additional equipment, spare parts and accessories influencing road traffic safety carrying out repeated confirmation of compliance in the order established by the legislation of the Republic of Kazakhstan in the field of technical regulation is necessary.
6. The design, technical condition and the equipment of the vehicles participating in road traffic have to meet the following main requirements relating to road traffic safety:
1) existence in the vehicle of the brake system, steering, rear-view mirrors, a sound signal, the chassis, the light devices ensuring road traffic safety;
2) ensuring sufficient visibility and visibility, allowing to steer safely the vehicle;
3) existence of the mechanisms, pieces of the additional equipment and devices of the vehicle excluding risk of infliction of harm of life and to health of the person and the environment;
4) ensuring reduction of danger to passengers and other participants of traffic in case of the road accident.
7. The emissions in the environment made by vehicles at their operation shouldn't exceed the admissible level established by technical regulations in the field of environmental protection.
Footnote. Article 49 with the change made by the Law of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced dated 01.01.2016).Article 50. The main requirements for safety of road traffic at maintenance and repair of vehicles
1. Maintenance and repair of vehicles for contents them in good repair have to ensure road traffic safety.
2. Norms, rules and procedures of maintenance and repair of vehicles are established by manufacturers of vehicles taking into account conditions of their operation.
3. The legal entities and individual entrepreneurs performing works and the providing services in maintenance and repair of vehicles, are obliged to provide their carrying out according to the norms and rules established by manufacturers of vehicles, requirements of technical regulations about safety of wheel vehicles and requirements to emissions of the harmful (polluting) substances of vehicles.
4. The vehicles which underwent maintenance and repair have to meet the requirements regulating technical condition and the equipment of the vehicles participating in traffic in the part relating to road traffic safety.
5. The fact of carrying out maintenance and repair of vehicles makes sure the sign and seal of the performer of the called works and services and also date of maintenance and repair of the vehicle with a mark:
1) about the made work and replacement of components of the vehicle in the service book of the vehicle;
2) in the warranty card about carrying out maintenance and repair of the vehicle which is given to the owner of the vehicle;
3) about statement of the vehicle on guarantee account.
6. The owner of the vehicle has the right for guarantee maintenance and repair during total period of a guarantee in the order established by the civil legislation of the Republic of Kazakhstan.
7. Guarantee maintenance and repair of the vehicle are made if malfunction of the vehicle arose because of manufacturer or the contractor and services.
8. Guarantee certificates extend to the vehicle, its components within the performed works stipulated in the contract between the owner of the vehicle and the contractor and services.
Article 51. Bases and order of prohibition of operation of vehicles
1. Operation of vehicles is forbidden in cases:
1) existence of technical malfunctions and conditions endangering road safety and the environment, the list thereof being approved by the authorised body;
2) it is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced dated 01.01.2015);3) discrepancies of the node numbers and units installed on the vehicle to the data entered in registration documents on the vehicle and also if the knots and units installed on the vehicle have the hidden, counterfeit and changed numbers;
4) lack of registration documents;
5) not passings of obligatory technical inspection, except for category M1 vehicles which age doesn't exceed seven years, including a year of release, not used in business activity in the field of the motor transport;
6) lack of the state registration plates or their discrepancy to the established requirements and registration documents;
7) not signing of the contract of obligatory insurance of civil responsibility of owners of vehicles and (or) contract of obligatory insurance of civil responsibility of carrier to passengers;
8) it is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication);9) if their technical state and equipment do not comply with the requirements of the list of faults and conditions under which the operation of vehicles is prohibited, approved by the authorised body;
10) driving with the trailer which isn't intended for the movement in structure with it;
11) existence of technical malfunctions of the rail vehicles creating traffic threat to security and also if their technical condition and the equipment don't meet the requirements of rules of technical operation of the rail vehicles approved by authorized body in the field of transport and communications;
12) equipping vehicles with special light and sound signals and painting using special colour schemes, which are not included in the list of operational and special services, whose vehicles are subject to equipping with special light and sound signals and painting using special colour schemes, approved by the authorised body;
13) installations of the state registration plates of the vehicle in the places which aren't provided by requirements of the legislation of the Republic of Kazakhstan in the field of road traffic;
14) absence on the vehicles transporting dangerous freights in front of and behind the sign "Dangerous Freight".
2. Prohibition of operation of the vehicle participating in road traffic is carried out before elimination of the reasons which formed the basis for such prohibition.
Footnote. Article 51 with the changes made by laws of the Republic of Kazakhtsan dated 29.09.2014 № 239-V (shall be enforced after ten calendar days after day of its first official publication); of 29.12.2014 № 269-V (shall be enforced dated 01.01.2015); dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); № 223-VII of 19.04.2023 (shall be implemented ten calendar days after the day of its first official publication).Article 52. Bases and order of a stop of the vehicle
Footnote. Article 52 heading in edition of the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication).
1. The vehicle stop bases upon the demand of the employee of law-enforcement bodies are:
1) violation by the driver of the vehicle of requirements of the real Law and (or) traffic regulations, including the road traffic offense recorded by the certified special technical tool and the device;
2) work on search of the hijacked, stolen vehicles and also vehicles which drivers fled places of the road accidents, other crimes connected with use of vehicles;
3) need of granting the vehicle for the cases provided by subparagraph 7) of paragraph 3 of article 54 of the real Law;
4) check at the driver of the documents provided by subparagraph 1) of paragraph 3 of article 54 of the real Law on stationary posts of police and also when holding quick and preventive actions;
5) verification of documents on the transported freight on posts of police and check-points. During special events the stop of vehicles out of posts of police for the purpose of verification of documents on the transported freight is allowed;
6) implementation of decisions of the public authorities or officials authorized on that about restriction or prohibition of the movement;
7) need of poll of the driver and (or) the passenger (passengers) about circumstances of commission of the road accidents, administrative offense, crime which eyewitnesses they are;
8) road traffic regulation.
9) inspection of a vehicle registered with the competent authority of another state for conformity with the requirements stipulated in paragraph 3 of Article 65 hereof.
2. The vehicle stop upon the demand of the employee of law-enforcement bodies on the bases which aren't provided by paragraph 1 of the real article is forbidden.
3. In case of a vehicle stop according to paragraph 1 of the real article the employee of law-enforcement bodies is obliged to make the following actions consistently:
1) to approach immediately the vehicle;
2) to be presented and to show upon the demand of the driver the official ID for acquaintance and establishment of a surname and a position;
3) to explain the vehicle stop reason;
4) in case violation by the driver of the vehicle of requirements of the real Law and (or) road traffic regulations is recorded by the certified special technical means and devices, to show to the driver the corresponding materials for acquaintance.
4. In the presence of the bases of a stop of the vehicle and after performance by the employee of law-enforcement bodies of all actions established by paragraph 3 of the real article, the driver is obliged to fulfill legal requirements of the employee of law-enforcement bodies.
Note. In the real article special events are understood as quick and preventive, operational search, security actions and the anti-terrorist operations performed by law enforcement and special public authorities.
Footnote. Article 52 with the changes made by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); № 12-VIII of 29.06.2023 (shall become effective sixty calendar days after the date of its first official publication).Article 53.Basic rights and duties of road traffic participants
1. Right of road traffic participants for safe traffic conditions on public roads shall be guaranteed by state and shall be ensured in exercise of this Law, compliance with the legislative and regulatory acts of the Republic of Kazakhstan in this field and international treaties ratified by the Republic of Kazakhstan.
2. Realization of the rights of some road traffic participants shall not violate the rights of other road traffic participants.
3. Participants in road traffic shall be entitled to:
1) safe and convenient conditions for road traffic, compensation for damage caused by road, street, area and rail road crossing discrepancies to road traffic safety requirements;
2) receive the reliable information about road traffic conditions from the state bodies and authorized officials, the reasons for the change of direction, the introduction of temporary prohibition or temporary restriction of road traffic on the roads, the quality of products, works and services, the rights, duties and responsibilities of officials in the field of road traffic;
3) obtaining a guaranteed volume of free medical aid, rescue work and other necessary aid during road traffic accidents from organizations and officials whose activities are related to ensuring road traffic safety;
4) appeal in manner established by the legislation of the Republic of Kazakhstan, actions (omissions) of state bodies and their officials carrying out state regulation, management and control in the field of road traffic;
5) compensation for damage in manner established by insurance or civil legislation of the Republic of Kazakhstan in cases of infliction of bodily harm, as well as in cases of damage to vehicle and (or) cargo or infliction other material damage as a result of a road traffic accident.
Participants of road traffic shall have other rights in field of road traffic provided by the laws of the Republic of Kazakhstan.
4. Participants of road traffic shall be obliged to:
1) know and obey the rules of the road, the requirements of this Law;
2) fulfill the requirements of signals of a road traffic controller and road traffic lights, road signs, road markings, which shall be used to adjust road traffic, sound and light signals used in road works, special light and sound signals of vehicles of operational and special services;
3) create safe conditions for road traffic, by their actions or omissions, not harm to other road traffic participants, their vehicles and other property;
4) shall not damage or pollute the road covering, not remove road signs, shall not obscure or damage them, shall not place unauthorized road signals, road traffic lights and other technical means of road traffic;
5) shall not obstruct traffic or endanger by throwing out, unloading or leaving on the road objects or materials interfering to the road traffic, to refrain from any actions that may interfere with the road traffic, be dangerous to people or cause damage to property;
6) take measures in case of detection or creation on the road of obstacles to the road to remove this obstacle, and if it is impossible - to designate this obstacle in accordance with the requirements of this Law or in another way ensuring road traffic safety and report an obstacle to the authorized body or owners of roads;
7) act in good faith, correctly, be considerate and mutually polite, shall not create obstacles and dangers to road traffic;
8) shall not allow contamination of roads, including not throwing out garbage, objects creating a danger for road traffic, and other subjects outside designated areas;
9) execute other duties in the sphere of road traffic, established by the laws of the Republic of Kazakhstan.
5. Participants of road traffic shall be prohibited to:
1) exercise repair of the vehicle and its maintenance on the carriageway, except for cases established by the legislation of the Republic of Kazakhstan;
2) create an obstacle to road traffic or danger to road traffic;
3) damage roads and technical means of road traffic regulation;
4) pollute environment.
Article 54.Rights and duties of owner and driver of a motor vehicle
1. Owner of a motor vehicle shall be obliged on demand of civil servant of the authorized body to provide the identity data of person to whom the right to drive his motor vehicle has been transferred within the specified time, as well as to submit the motor vehicle and the trailer in time for a mandatory technical inspection.
2. Driver of a motor vehicle shall have the right to:
1) operate a motor vehicle of the appropriate category, carry passengers and cargo on roads;
2)transfer the right to operate and use vehicle in his personal ownership to other persons having the right to operate a motor vehicle of the appropriate category;
3) receive from a official who has the right check driver’s documents, explain of the reason for stopping the vehicle, carry out photo and video recording;
4) establishing the name and position of person who has the right check driver’s documents or use the vehicle by familiarizing himself with the service certificate without its transfer to driver;
5) in case of a traffic accident, if there are no victims, with the mutual consent of the drivers in assessing the circumstances of the incident and in case of failure to implement a simplified registration of a traffic accident, having previously drawn up a diagram of the incident and signed it, arrive at the nearest subdivision of the internal affairs bodies for registration of the incident;
5-1) to carry out simplified registration of a traffic accident;
6) when it is really necessary to derogate from implementation of the relevant requirements of the legislation of the Republic of Kazakhstan in cases when it is necessary to prevent a traffic accident, to prevent a threat to the life and health of others, if due to circumstances the threat cannot be prevented otherwise.
3. Driver of motor vehicle shall be obliged to:
1) have with them and at the request of the authorized officials of the internal affairs bodies, transport control bodies and state revenue bodies, transfer to them for inspection:
a driver's license for the right to drive a vehicle or a temporary license issued instead of a driver's license, with the exception of those issued in the Republic of Kazakhstan in the presence of a document confirming the identity of the driver;
certificate of state registration of the vehicle, except for the one issued in the Republic of Kazakhstan, or a document certifying ownership of the vehicle;
a waybill, a document for the transported cargo (consignment note), as well as other documents for a vehicle established by the legislation of the Republic of Kazakhstan, with the exception of those registered in the unified transport document management system.
2) stop vehicle at request of a police officer, transport control in uniform to stop the vehicle by signaling with a loudspeaker, with a motion of the hand or wand aimed to the vehicle, with a whistle signal that must be understood by the driver and filed in a timely manner so that their execution shall not create an emergency situation;
3) not leave vehicle without taking measures that preclude the spontaneous traffic of vehicle, as well as in case of its stop by employee of the internal affairs bodies without his permission;
4) pass on demand of employee of the internal affairs bodies examination to intoxication;
5) upon driving on vehicle equipped with seat belts, be fastened and not carry passengers who shall not fastened with belts;
5-1) upon driving a motorcycle, be in a buttoned helmet and not carry passengers without a buttoned helmet;
6) pass a knowledge test of traffic rules in cases established by the Code of the Republic of Kazakhstan on Administrative Infractions;
7) provide a vehicle to:
medical workers traveling in a passing direction to provide emergency medical care, as well as, regardless of the direction of movement, medical workers, employees of internal affairs bodies and national security bodies for transporting citizens in need of emergency medical care to medical organizations, as well as during anti-terrorist operations with cost recovery;
employees of internal affairs bodies for transportation of vehicles damaged in road accidents, driveway to the site of a natural disaster, as well as employees of internal affairs bodies, the State Security Service of the Republic of Kazakhstan and national security bodies in other cases provided by the legislation of the Republic of Kazakhstan;
8) upon road accident, a driver that involved in it shall be obliged:
immediately stop (not touch from the place) vehicle, turn on emergency brake light and set the emergency stop sign (flashing red light) in accordance with the requirements of road traffic rules, not move objects related to the incident;
take all possible measures to provide first aid to the victims, call an ambulance, and in emergency cases, send the victims on a passing vehicle, and if this is not possible, deliver them on your vehicle to the nearest medical organization, provide your last name, state registration plate of the vehicle (with presentation of an identity document or driver's license and vehicle registration document) and return to the scene of the accident;
immediately inform about the incident to the nearest internal affairs body, write down surnames and addresses of eyewitnesses and expect the arrival of employees of the internal affairs bodies, except for cases provided by subparagraphs 5) and 5-1) of paragraph 2 of this article;
free the roadway if road traffic of other vehicles shall not be possible;
if appropriate free the roadway, before fixed the position of the vehicle, tracks and items related to the incident in the presence of witnesses, use best efforts for their safety and ensure the detour of place of occurrence.
4. Driver shall be prohibited:
1) to drive a vehicle without a driver's license for the right to drive a vehicle or a temporary license issued instead of a driver's license, with the exception of those issued in the Republic of Kazakhstan if you have a document confirming the identity of the driver;
2) drive a vehicle of drunkenness (alcoholic, narcotic and (or), toxic); under the influence of drugs, that make worse the reaction and attention; in diseased or tired condition, challenge the road traffic security;
3) drive a defective vehicle, a vehicle that not pass compulsory technical inspection, except for vehicles of M1category, age of which shall be no more than seven years, including the year of manufacture not used in entrepreneurial activities in the scope of automobile transport;
4) drive a vehicle whose owner, in the cases established by the legislation of the Republic of Kazakhstan, has not concluded a contract of compulsory insurance of liability of owners of vehicles and (or) a contract of compulsory insurance of the carrier's liability to passengers;
5) to drive a vehicle in case of the absence of state registration number plates or their nonconformity of registration documents;
6) Is excluded by the Law of the Republic of Kazakhstan from 29.12.2014 № 269-V (shall be enforced from 01.01.2015);7) to transfer control of the vehicle to persons in a state of intoxication, under the influence of drugs that impair reaction and attention, in a sick or tired state, as well as to persons, except for those who are learning to drive, who do not have a driver's license or a temporary license issued instead of a driver's license; certificates for the right to drive a vehicle of this category, with the exception of those issued in the Republic of Kazakhstan if you have a document confirming the identity of the driver, or not specified in the waybill (itinerary) sheet, or to persons who do not have the right to drive or are deprived of the right to drive the vehicle;
8) cross the organized (including foot) columns and take their place in it;
9) when driving a vehicle, use a telephone or a radio station, except for their use through the use of headphones or hands-free;
10) to drive a vehicle with an inoperative working brake system or steering, a faulty coupling device (as part of a train), and at night, on roads without artificial lighting or in poor visibility conditions, with non-lighting (missing) headlights and (or) rear lights overhead lights, during rain or snowfall - with faulty windscreen wipers;
11) drink alcoholic beverages, narcotic or psychotropic substances after the road traffic accident to which he shall involved, or after the vehicle was stopped at the request of an employee of the internal affairs bodies, before the authorized officer carries out an examination to determine drunkenness or until make of the decision on exemption from such examination by authorized official;
12) turn: at pedestrian crossings and at intersections along the sidewalks or roadside lines; in the tunnels; on bridges, overpasses, overpasses and under them; at railway crossings; in places with visibility of the carriageway less than one hundred meters; in the locations of stopping points;
13) reverse driving at intersections and in places where a turn shall prohibited;
14) on two-way roads with four lanes or more, drive to the side of the road for oncoming road traffic;
15) on two-way roads, having three lanes, of which the middle one is used for driving in both directions, drive to the leftmost lane, intended for oncoming traffic;
16) limit the maximum speed determined in the prescribed manner; limit the speed indicated on “Speed limit” sign on the vehicle;
17) create a nuisance to other vehicles;
18) to brake sharply, if it shall not required to prevent a traffic accident;
19) prevent overtaking of the overtaken vehicle by increasing the speed of traffic or other actions;
20) overtaking:
on regulated intersections entering on the oncoming road traffic;
at unregulated intersections when driving on a main road changing direction (except for the permitted overtaking on the right) and on a road that is not the main one (except for overtaking at roundabouts, overtaking two-wheeled vehicles without a side trailer and permitted overtaking to the right);
at pedestrian crossings with pedestrians on it;
at railway crossings and closer than one hundred meters in front of them;
overtaking or detour vehicle;
at the end of the ascent and on other sections of the road with limited visibility from entering the oncoming road traffic;
21) stopping:
in the immediate vicinity of the tram tracks, if it interferes to the road traffic of trams;
at railway crossings, in tunnels;
on overpasses, bridges, overpasses (if there are less than three lines for traffic in this direction) and under them (regardless of the number of lines);
in places where the distance between a stopped vehicle and a solid marking line (except for indicating the edge of the carriageway) or the opposite edge of the carriageway, or a vehicle . to the road traffic of vehicles;
at pedestrian crossings and closer than five meters in front of them;
on the carriageway near dangerous turns and convex fractures of the longitudinal profile of the road when the road shall visible less than one hundred meters in at least one direction;
at the intersection of the carriageways of the road and closer than thirty meters from the edge of the intersected roadway, except for the side opposite the lateral passage of tripartite intersections (intersections) with a solid marking line or dividing strip;
on stopping places and closer than fifteen meters to them, and in their absence - closer than fifteen meters from the stop sign of route vehicles or taxis;
in places where the vehicle closes traffic signals from other drivers, road signs or make it impossible for other vehicles to move (enter or exit), or interfere with other vehicles (jams) and pedestrians;
on flowerbeds, lawns, children's and sports grounds;
22) parking:
in places where stopping shall be prohibited;
on overpasses, bridges, overpasses;
outside settlements on the carriageway of roads marked with the “Main Road” road sign;
closer than fifty meters from level crossings;
motor vehicles with a running engine in populated areas, if this causes inconvenience to residents;
on flowerbeds, lawns, children's and sports grounds;
23) open the doors of the vehicle, leave it open or go out onto the carriageway, without being convinced that this will not cause interference or danger to other road participants;
24) go to the intersection or the intersection of the carriageways, if there is a traffic jam that will force the driver to stop, creating an obstacle for traffic of vehicles in the transverse direction;
25) anticipation of vehicles moving in the same direction, limiting the driver's view;
26) drive into a pedestrian crossing if there is a traffic jam behind it that will force the driver to stop at a pedestrian crossing;
27) go to the railway crossing:
with the barrier closed or starting to close (regardless of the traffic signal);
upon prohibitory signal of the traffic light (regardless of the position and presence of the barrier);
upon prohibitory signal of the person on duty (the person on duty is facing the driver with his chest or back, in a raised hand - a rod, a red lantern or a flag, or with arms outstretched to the sides);
if there is a road traffic jam after the move that will force the driver to stop at the move;
if the train is approaching the move within sight (locomotive, rail car);
28) to move the railroad tracks outside the level crossings;
29) to drive around with the oncoming traffic, facing the railway crossing vehicles;
30) willfully open the barrier at a railway crossing;
31) to move agricultural, road, construction and other machines and mechanisms through the railway crossing in a non-transport position without the permission of the chief of the railway track distance, the movement of low-speed machines with a speed of less than eight kilometers per hour, as well as tractor sled trailers;
32) on motorways:
drive bicycles, mopeds, tractors and self-propelled vehicles, as well as other vehicles speed of which is less than forty kilometers per hour according to its technical characteristics or condition;
drive trucks with gross laden weight of more than three and a half tons on the second lane;
stop outside the special parking areas, marked with the signs "Parking place" or "Resting place";
reversal and entry into the technological breaks of the dividing strip;
reversing;
driving lessons;
33) in a residential area:
through road traffic;
traffic of the vehicle outside the carriageway;
driving lessons;
parking with operating engine, except for parking of electric vehicle with operating engine;
make parking of trucks with a gross laden weight of more than three thousand five hundred kilograms, buses outside specially designated and marked places and (or) road markings;
beep, turn on loud music;
parking on sidewalks, lawns, children's and sports fields;
34) when towing on a flexible or rigid coupling, allow passengers to be in the towed bus (trolley bus) and in the back of a towed truck, and when towing by hanging or partially loading - passengers are in the cab or body of the towed vehicle, as well as in the body of the towing;
35) towing:
a vehicle with no steering control (towing by means of hanging or partial loading is allowed);
two or more vehicles;
a vehicle with an inactive brake system, if its actual mass shall more than half the actual mass of the towing vehicle. At a lower actual mass, towing of such a vehicle is allowed only on a rigid coupling or by partial loading;
a motorcycle without a side trailer, as well as such a motorcycle;
in ice on flexible coupling;
36) carry passengers:
outside the motor cabin (except when passengers are transported in a truck with an onboard platform or in a van body), a tractor, a self-propelled vehicle, on a cargo trailer, in a trailer dacha, in a body of a cargo motorcycle and outside the design of a motorcycle;
in excess of the amount stipulated by the technical characteristics of the vehicle, while the actual mass of the vehicle shall be no more than the value of the gross laden weight set by the manufacturer;
intoxicated in the back of a motorcycle;
in excess of the number of seats equipped in the truck body;
37) to transport children under twelve years:
in the back of a motorcycle;
in the absence of a special child restraint or other means allowing the child to be fastened with the help of seat belts, provided for:
vehicle design, and in the front seat of a motor vehicle - in the absence of a special child restraint.
Notes.
1. Drivers of military vehicles must undergo an intoxication test upon military police officers' request.
2. The requirement to provide a vehicle shall not apply to vehicles of representative offices of foreign states and international organizations that have appropriate immunity.
3. The specified in subparagraph 7) of paragraph 3 of this article, who used the vehicle, must issue a certificate or make an entry in the waybill (indicating the duration of the trip, the distance traveled, his surname, position, certificate of employment, name of his organizations).
4. The costs related to the provision of a vehicle to employees of state organizations, at the request of the vehicle owner, shall reimbursed by these organizations in the manner established by the authorized bodies within their competence.
5. If other troubles occur on the way and the conditions under which the use of vehicles shall prohibited and which the driver shall be able to detect, he must eliminate them, and if this shall not possible, he can proceed to the place of parking or repair with the necessary precautions.
Footnote. Article 54 as amended by Laws of the Republic of Kazakhstan dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2018 № 166-VI (shall be enforced from 01.01.2019); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 01.02.2021 № 1-VII (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 02.01.2021 № 399-VI (shall be enforced from 01.07.2021); dated 12.07.2022 № 138-VII (shall be enforced sixty calendar days after the date of its first official publication); № 206-VII of 14.03.2023 (shall be enacted ten calendar days after the date of its first official publication); dated 18.07.2024 № 126-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 55. Right and duties of passenger
1. A passenger shall have the right to:
1) timely receive of reliable information on conditions and order of road traffic the vehicle;
2) safe travel and transport of luggage by vehicle;
3) seek damages for losses caused in cases established by the legislation of the Republic of Kazakhstan.
2. Passenger shall be obliged:
1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication);2) upon traveling by a vehicle equipped with seat belts, shall be fastened, and upon drive a motorcycle – shall be in buttoned helmet;
3) up and set down shall be taken from the side of the sidewalk or curb and only after a complete stop. If up and set down shall not be possible on the side of the sidewalk or on the curb, they can be carried out from the side of the roadway provided that be safe and shall not interfere to other traffic participants.
3. Passengers shall be prohibited:
1) distract a driver from vehicle driving while road traffic;
2) upon traveling on a truck with an onboard platform, stand, sit on the sides or on a load above the sides;
3) open the doors, and also protrude into the window openings and hatches of the vehicle during its road traffic.
Footnote. Article 55 as amended by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 56. Right and duties of pedestrian
1. Pedestrian shall have the right to demand from the relevant authorities, road owners, crossings and other road facilities to provide the necessary conditions for safe road traffic.
1-1. Pedestrian shall be obliged to:
1) move along sidewalks and roadsides, footpaths and other places, equipped and adapted for traffic;
2) cross the roadway through pedestrian crossings, including underground and over ground ones, in their absence within sight - at intersections along the sidewalks or roadsides, in the absence of a crossing or intersection in the zone of visibility - at right angles to the edge of the roadway;
3) not create obstacles when crossing the carriageway of a road outside a pedestrian crossing for the road traffic of vehicles and shall not leave because of a standing vehicle that restricts visibility, without making sure in absence of approaching vehicles;
4) go out on the roadway on unregulated pedestrian crossings, being sure that the crossing will be safe for him;
5) wait for a route vehicle and taxi at the stopping points, and in their absence - on the sidewalk or the roadside.
2. Pedestrian shall be prohibited:
1) pass roadway of road outside the pedestrian crossing in presence of a dividing line in the settlement, as well as in places where pedestrian or road fences are installed;
2) be on the motorways.
Footnote. Article 56 as amended by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 57. Rights and obligations of drivers of mopeds, electric scooters, bicycles, small electric vehicles, those leading cattle, herds, pack, harness or riding animals on the road
1. Drivers of mopeds, electric scooters, bicycles, small electric vehicles, those leading cattle, herds, pack, harness or riding animals on the road shall have the right to move on the roads as per the traffic regulations.
2. Drivers of mopeds, electric scooters, bicycles, small electric vehicles, those leading cattle, herds, pack, harness or riding animals on the road must know and comply with the traffic rules approved by the authorised body.
3. Drivers of mopeds, electric scooters and bicycles shall be prohibited:
1) to drive without holding the steering wheel with at least one hand;
2) to transport passengers, excluding the transport of passengers on bicycles and mopeds with special devices for their transport;
3) to carry loads, excluding the carriage of loads on bicycles and mopeds with special devices for their carriage, as well as loads that do not protrude more than fifty centimetres in length or width beyond the dimensions, or loads that interfere with steering;
4) to turn left or make a U-turn on roads with tram traffic and on roads with more than one lane for traffic in that direction;
5) towing mopeds, electric scooters and bicycles, as well as mopeds, electric scooters and bicycles, excluding towing a trailer designed for use with mopeds and bicycles;
6) to cross the carriageway at pedestrian crossings while in a vehicle;
7) to travel at night on the carriageway without a reflective object complying with the requirements laid down in the road traffic regulations and ensuring visibility to drivers of other vehicles;
8) when driving on the carriageway, do not wear a fastened helmet.
4. Moped drivers shall be prohibited from travelling on a cycle path, cycle lane, kerb, pavement or footpath.
5. Drivers of electric scooters shall use the cycle path, cycle lane or traffic lane. In the absence of a cycle path, cycle lane, drivers of electric scooters shall drive on:
the right-hand edge of the carriageway, including the lane for route vehicles, as required by the second part of this paragraph, in one row;
the road side;
a pavement or footpath at a speed not exceeding six kilometres per hour, without endangering pedestrian traffic.
It shall be prohibited to drive on the right edge of the carriageway, including the lane for route vehicles, for drivers of electric scooters who have not reached the age of eighteen with no driving licence for the right to drive a vehicle of any category or a temporary licence issued in lieu of a driving licence for the right to drive a vehicle, excluding those issued in the Republic of Kazakhstan, if the driver is in possession of a document certifying the identity of the driver.
6. Drivers of bicycles shall move on the cycle path, cycle lane, or in their absence - on the right edge of the carriageway, including the lane for route vehicles, in a single row or on the curb, pavement or footpath, not endangering the movement of pedestrians.
7. Drivers of small electric vehicles shall be prohibited:
1) to drive without holding the steering wheel with at least one hand, excluding small electric vehicles without a steering wheel.;
2) to carry passengers;
3) to carry cargo;
4) to drive on the carriageway of a road;
5) to move on the pavement or footpath when there is a cycle lane or cycle lane nearby;
6) to tow small electric vehicles, small electric vehicles, small electric vehicles;
7) to cross the carriageway at pedestrian crossings while riding a small electric vehicle.
Footnote. Article 57 - as reworded by Law of the Republic of Kazakhstan № 12-VIII of 29.06.2023 (shall become effective upon expiration of sixty calendar days after the day of its first official publication)). Chapter 9. ENSURANCE OF TRAFFIC OF PEOPLE
WITH MUSCLE-SKELETON DISORDER
Article 58. Organization of traffic of people with muscle-skeleton disorder and parking serving their vehicles
1. Vehicles driven by drivers with musculoskeletal disorders or drivers of vehicles serving people with musculoskeletal disorders or complete loss of vision are not subject to the effect of prohibiting road signs "Parking is prohibited", "Parking is prohibited on odd days of the month", "Parking is prohibited on even days of the month".
2. Excluded by the Law of the Republic of Kazakhstan dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).3. If a road sign for additional information (plate) "Persons with disabilities" is installed with the information-indicating road sign "Parking place", the effect of the road sign "Parking place" applies only to motor scooters and cars on which the identification signs "Person with disabilities" are installed.
4. If a road sign of additional information (plate) "Except for persons with disabilities" is installed with prohibiting or prescriptive road signs, then the effect of these road signs does not apply to motor scooters and cars on which the identification signs "Person with disabilities" are installed.
Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).Article 59. Special rights of drivers with musculoskeletal disorders or drivers of vehicles serving people with musculoskeletal disorders or complete loss of vision
Footnote. The title of Article 59 as amended by the Law of the Republic of Kazakhstan dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).
1. Drivers with a musculoskeletal disorder, driving vehicles with identification signs "A person with a disability", have the right:
1) stop and put a vehicle in settlements in the area of traffic signs prohibiting stopping or parking, provided that the standing vehicle shall completely located on the sidewalk so that for pedestrians road traffic there shall be a free strip with a width not less than one and a half meters. This rule shall not apply to sections of the road indicated by a road marking that prohibited stopping;
2) put a vehicle in the area of road traffic signs that prohibit parking, in parking places with limited time beyond the stipulated time and on roads in the yard outside the parking places, provided that this shall not interfere for pedestrians and shall not deprive other vehicles of the possibility of road traffic.
2. Drivers of vehicles serving people with disorders of the musculoskeletal system or complete loss of vision, stop the vehicle in populated areas in the area of road signs prohibiting stopping, for pick-up or drop-off of people with disorders of the musculoskeletal system or complete loss of vision.
3. A driver of a vehicle serving a person with musculoskeletal disorders or complete loss of vision, who leads a person with musculoskeletal disorders or complete loss of vision by the hand to the destination and back, stops the vehicle in populated areas under the conditions specified in subparagraph 1) of paragraph 1 of this article.
Footnote. Article 59 as amended by the Law of the Republic of Kazakhstan dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).Chapter 10. ADMISSION TO PARTICIPATION IN ROAD TRAFFIC
Article 60. Admission of vehicles or persons driving them to participation in road traffic
1. Admission of vehicles to participation in road traffic on the territory of the Republic of Kazakhstan shall carry out by:
1) confirmation of conformity of vehicles, items of equipment and spare parts that can be installed and (or) used on vehicles;
2) state registration and registration of vehicles with issuance of relevant documents and state registration numbers;
3) carrying out of obligatory technical inspection of vehicles;
4) execution of conditions for admission to international road traffic.
2. Admission of persons to participate in road traffic on the territory of the Republic of Kazakhstan shall carry out by:
1) issuance of driving licenses;
2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).
Footnote. Article 60 as amended by Laws of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).Article 61. Confirmation of conformity of vehicles, items of equipment and spare parts that can be installed and (or) used on vehicles
1. A necessary condition for the issuance of vehicles, items of equipment and spare parts installed and (or) used on vehicles subject to mandatory confirmation of conformity (certification or declaration) shall be their compliance with the requirements established by international treaties ratified by the Republic of Kazakhstan.
2. Make changes in the design of a registered vehicle shall be allowed in strict accordance with the requirements established by international treaties ratified by the Republic of Kazakhstan.
The changes made to design of the registered vehicle must be reflected in the registration documents of the vehicle.
3. Recognition of foreign certificates and other documents confirming the conformity of vehicles, items of equipment and spare parts that can be installed and (or) used on vehicles issued in accordance with the requirements of international treaties ratified by the Republic of Kazakhstan shall be carried out in accordance with the procedure established by the authorized body in the field of technical regulation and metrology, by re-registering them for certificates and other documents confirming the conformity of the forms, established in the state system of technical regulation of the Republic of Kazakhstan.
4. The vehicles, equipment items and spare parts that can be installed and (or) used on them, used, imported for an exhibition and without the intended use, as well as supplied by humanitarian aid, shall not refer to the objects of compulsory confirmation of conformity unless otherwise established by international treaties ratified by the Republic of Kazakhstan.
5. A necessary condition for the issuance of used vehicles, imported to the territory of the Republic of Kazakhstan and their registration in an authorized body shall be the current certificate of technical inspection of wheeled vehicles issued in accordance with the requirements of international treaties ratified by the Republic of Kazakhstan.
6. The recognition of foreign certificates of technical inspection of wheeled vehicles imported to the territory of the Republic of Kazakhstan shall be carried out in accordance with the requirements of international treaties ratified by the Republic of Kazakhstan.
Responsibility for conformity of vehicles, items of equipment and spare parts that can be installed and (or) used on vehicles to the requirements of international treaties ratified by the Republic of Kazakhstan shall be assigned to bodies on confirmation of conformity and testing laboratories within their competence in the manner established by laws of the Republic of Kazakhstan.
Article 62. Purposes of state registration of vehicles
State registration of vehicles in the Republic of Kazakhstan, shall be carried out for the purposes:
1) admission of vehicles to participate in road traffic and (or) operation on the territory of the Republic of Kazakhstan and beyond its borders ;
2) state recording of vehicles;
3) detection and suppression of crimes and offenses related to use of vehicles.
Article 63. Obligatory state registration of vehicles
1. Motor vehicles shall be subject to obligatory state registration, defined by this Law manufactured in the Republic of Kazakhstan or imported to the Republic of Kazakhstan, with the exception of motor vehicles registered in the relevant authority of another state participating in international road traffic and imported to the Republic of Kazakhstan for a period of not more than one year.
2. Participation in road traffic and (or) the operation of motor vehicles that have not passed state registration on the territory of the Republic of Kazakhstan shall be prohibited, in accordance with this Law.
Article 64. Types of vehicles subject to state registration
1. The following types of motor vehicles and trailers shall be subject to state registration in the authorized body:
1) cars, trucks, buses, including special cars manufactured on their basis, and trolleybuses;
2) motorcycles, tricycles, quadricycles and mopeds with a maximum design speed of more than fifty kilometers per hour;
3) Trailers intended for traffic as a part of cars.
2. Motor vehicles and their trailers of the Armed Forces, other troops and military formations of the Republic of Kazakhstan, except for the Special Forces of the State Security Service of the Republic of Kazakhstan, are subject to state registration with the military police.
3. State registration shall not be subject to: military vehicles, tractors, including self-propelled chassis and mechanisms manufactured on their basis, trailers used as technological transport outside the roads; trams and other rail vehicles; cars, trucks and buses, including special cars manufactured on their chassis, motorcycles and motor scooters, trailers intended for traffic with cars registered in other states and imported into the territory of the Republic of Kazakhstan for a period of less than one year.
Footnote. Article 64 as amended by Laws of the Republic of Kazakhstan dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 291-VІ as of 27.12.2019 (shall be enforced ten calendar days after its first official publication).Article 65. Admission of vehicles to participate in international traffic on the territory of the Republic of Kazakhstan
1. A vehicle is considered to be in international traffic on the territory of the Republic of Kazakhstan if it is operated by a foreigner or a stateless person who does not have a residence permit in the Republic of Kazakhstan, and:
1) belongs to an individual or legal person who has a permanent place of residence or location outside the Republic of Kazakhstan;
2) is not registered in the Republic of Kazakhstan;
3) is temporarily imported into the Republic of Kazakhstan.
2. A vehicle participating in international traffic may be on the territory of the Republic of Kazakhstan for up to one year from the moment of crossing the State Border of the Republic of Kazakhstan.
After the expiration of the period specified in part one of this paragraph, a vehicle in international traffic is subject to export outside the territory of the Republic of Kazakhstan for a continuous period of at least thirty calendar days.
3. Admission of vehicles in international traffic to participate in road traffic on the territory of the Republic of Kazakhstan is carried out in accordance with the requirements of international treaties ratified by the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the presence of the issued:
1) certificates of registration of a vehicle, trailer;
2) vehicle registration number;
3) the distinctive sign of the state;
4) vehicle identification sign;
5) a document confirming the fact of passing a technical inspection by a vehicle;
6) a contract of compulsory insurance of civil liability of the owner of the vehicle;
7) information from the system of electronic passports of vehicles (chassis passports of vehicles) and electronic passports of self–propelled vehicles and other types of machinery on the identification features of vehicles registered in the member states of the Eurasian Economic Union and their registration.
Footnote. Article 65 – as amended by the Law of the Republic of Kazakhstan dated 30.12.2022 № 177-VII (shall be enforced ten calendar days after the date of its first official publication).Article 66. Rights and duties of owners of vehicles
1. Owners of vehicles shall have the right to:
1) receive information and explanations from authorized body on the procedure of state registration of vehicles and trailers to them;
2) choose digital and (or) letter designation of the state registration number plate of the vehicle in the manner determined by the authorized body.
2. Owners of vehicles shall be obliged to:
1) register vehicles in an authorized body within ten business days after the purchase of a motor vehicle in the customs territory of the Eurasian Economic Union or the commission of customs operations related to the issue for personal use, the release for domestic consumption, the release of temporary imports into the Republic of Kazakhstan for a period of more than one year;
2) present vehicles to the authorized body in cases when its mandatory presentation provided by the rules of state registration and recording of certain types of vehicles;
3) apply to authorized body for termination of the state registration of a motor vehicle before disposal or after loss of a vehicle or before exportation of a vehicle for permanent stay beyond the Republic of Kazakhstan;
4) pay a fine in the case of unexecuted decrees in time on imposing an administrative sanction in the form of a fine in the field of road traffic security.
Footnote. Article 66 as amended by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).Article 67. Prohibition on state registration of a vehicle or change of registration data of a vehicle
1. Primary registration of vehicles intended for traffic on roads and transportation of people or goods on them, with the right-hand location of controls or in connection with the replacement of the body of a vehicle of category M1, or those not removed from registration in the state in which the last registration was carried out, is prohibited.
1-1. Primary registration of buses older than ten years is prohibited.
1-2. The provisions provided for in paragraphs 1 and 1-1 of this Article do not apply to vehicles put into circulation in the member states of the Eurasian Economic Union and imported into the territory of the Republic of Kazakhstan before September 1, 2022.
The procedure, conditions and terms of primary registration of vehicles specified in part one of this paragraph are determined by the Government of the Republic of Kazakhstan.
2. Registration of a vehicle and change of registration data shall be prohibited in the case of:
1) absence of certificates of conformity that recognized by the state system of technical regulation of the Republic of Kazakhstan for new vehicles issued in accordance with the requirements of international treaties ratified by the Republic of Kazakhstan and Article 61 of this Law;
2) is excluded by Law № 249-VI of the Republic of Kazakhstan as of 19.04.2019 (shall be enforced ten calendar days after its first official publication).3) unavailability of registration documents;
4) impossibility of identification of a vehicle due to forgery, concealment, alteration and (or) destruction of marking of numbered vehicle unit marked by the vehicle manufacturer;
5) replacement of a component part of the structure, which having a marking identification designation of a vehicle specified in Article 72 of this Law;
6) presentation of counterfeited (false) documents;
7) being wanted a vehicle;
8) is excluded by Law № 249-VI of the Republic of Kazakhstan as of 19.04.2019 (shall be enforced ten calendar days after its first official publication)ж9) replacement of the body of a vehicle of category M1.
Footnote. Article 67 as amended by Law Republic of Kazakhstan dated 19.04.2019 № 249-VI (shall be enforced ten calendar days after its first official publication); dated 01.02.2021 № 1-VII (shall be enforced from 01.01.2022); dated 30.12.2022 № 177-VII (shall be enforced ten calendar days after the date of its first official publication).Article 68. Refusal in the state registration of a vehicle or change of registration data of a vehicle
1. The grounds for refusal of state registration of a vehicle or changing the registration data of a vehicle shall be:
1) availability of prohibitions and restrictions on commission of registration actions imposed (introduced) in accordance with the legislation of the Republic of Kazakhstan;
2) appeal to a vehicle registration authority of a person who is unauthoritative to represent the interests of a vehicle owner;
3) non presentation or presentation not in full the documents required for registration actions, as well as presentation of documents that are unreadable, executed with a pencil, erasures, additions, crossed out words, as well as unspecified corrections;
4) non presentation of a vehicle in cases where its presentation is mandatory;
5) appeal to a vehicles registration authority that is not authorized to carry out state registration of the presented vehicles;
6) inconsistency of vehicle structure or changes made to it in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation or information specified in the presented documents;
6-1) application to the vehicle registration authority of a person included in the list of organizations and persons associated with the financing of the proliferation of weapons of mass destruction, and (or) in the list of organizations and persons associated with the financing of terrorism and extremism, in accordance with the legislation of the Republic of Kazakhstan, with the exception of a vehicle confiscated and (or) recovered by a court decision;
7) availability of unexecuted tax liability on tax to a vehicle.
2. On refusal to carry out registration actions, the owner of a vehicle must be notified in a proper manner rationale (written, by e-mail).
3. Refusal to register a vehicle or change the registration data of a vehicle may be appealed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Footnote. Article 68 as amended by Laws of the Republic of Kazakhstan dated 02.08.2015 № 343-V (shall be enforced upon expiry of six months after its first official publication); dated 13.05.2020 № 325-VІ (shall be enforced six months after the day of its first official publication).Article 69. Termination of state registration of a vehicle
1. The state registration of a vehicle shall terminated on the application of the owner on grounds of loss, alienation of the vehicle to another person, as well as its removal from the registration records before disposal or exportation for permanent stay beyond the Republic of Kazakhstan or in accordance with other circumstances.
2. The state registration of a vehicle shall terminated upon detection of grounds for refusing to register a vehicle as provided by subparagraphs 4), 5) and 6) of paragraph 2 of Article 67 of this Law.
Article 70. Document on state registration of vehicles, state registration number plate
1. Owner of the registered vehicle shall be given a registration document confirming the state registration of a vehicle and the state registration number plate.
The registration document must be kept by the person driving the vehicle.
2. Requirements for the forms of the registration document, as well as the procedure for their production, storage and recording shall established by the authorized body.
3. Assignment of the state registration number plate and its production shall be carried out in the manner established by the authorized body.
Article 70-1. State monopoly in the field of issue of certificates on state registration of motor vehicles, driving licences and state registration number plates
1. Activities on issuance of documents indicated in Article 70 and paragraph 7 of Article 73 hereof, accumulation and maintenance of the integrated data bank of the document production system, automation of work on accounting processes, development, implementation and maintenance of software and hardware products for internal affairs bodies shall belong to the state monopoly and shall be implemented by the republican state enterprise on the right of economic management, established by the decision of the Government of the Republic of Kazakhstan.
2. The price list for services on accelerated production and issuance of documents referred to in Article 70 and paragraph 7 of Article 73 hereof, rendered by the republican state enterprise on the right of economic management, established by the decision of the Government of the Republic of Kazakhstan, shall be approved by the competent authority in coordination with the antimonopoly authority.
Footnote. Chapter 10 as supplemented with Article 70-1 in line with Law of the Republic of Kazakhstan № 12-VIII dated 29.06.2023 (shall come into effect six months after the day of its first official publication).Article 71. Responsibility of owners upon state registration of vehicles
Owners of vehicles shall be responsible for improper execution of duties on state registration of vehicles, changing registration data of vehicles in accordance with the laws of the Republic of Kazakhstan.
Article 71-1. Competence of the national operator (national administrator) of the electronic passport system.
The competence of the national operator (national administrator) of the electronic passport system shall include:
1) operation of the electronic passport system;
2) organization and maintenance of the electronic passport system;
3) system and technical maintenance of the hardware and software complex of the electronic passport system;
4) ensuring the protection of information in the electronic passport system;
5) providing the integration of the electronic passport system with state information systems as well as with information systems of foreign countries of similar purpose;
6) interaction with the administrator and participants of the electronic passport system;
7) determination of tariffs and the procedure of payment for services when registering an electronic vehicle passport (vehicle chassis passport) and an electronic passport for a self-propelled machine and other types of equipment and introduction of amendments thereto;
8) organizing the collection of information necessary for registration of an electronic vehicle passport (vehicle chassis passport) and an electronic passport for a self-propelled machine and other types of equipment provided by authorized road safety authorities and local executive bodies in the field of customs and agro-industrial complex;
9) at the request of authorized bodies in the field of industrial development, for ensuring road safety, in the field of customs, in the field of agro-industrial complex and local executive bodies, provision of the information contained in the electronic passports of vehicles (passports of vehicle chassis) and electronic passports of self-propelled machines and other types of equipment with any status, in full and without charging a fee for use solely for the purpose of implementing state tasks and functions;
10) exercise of other powers and authority established by the legislation of the Republic of Kazakhstan.
Footnote. Chapter 10 is supplemented by Article 71-1 in accordance with the Law of the Republic of Kazakhstan dated 05.10.2018 № 184-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 25.06.2020 № 347-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication).Article 72. Registration data of a vehicle
1. Compulsory registration data of a vehicle entered in the document on state registration and that subject to state registration in the information system of the authorized body, the following basic details shall be:
1) alphanumeric designation of the state registration number plate;
2) year of manufacture of a vehicle;
3) brand and model of vehicle;
4) category or subcategory for the right to drive this vehicle;
5) identification number or chassis number (bulk, bow) assigned by the vehicle manufacturer company;
6) colour;
7) engine capacity, horsepower and kilowatt engine power;
8) surname, name, patronymic (if available) of an individual or name of a legal entity that owns the vehicle;
9) address of residence for an individual, location of a legal entity or its branch;
10) the name of a vehicle registration authority;
11) the date of importation of motorcars into the territory of the Republic of Kazakhstan for the purpose of calculating the tax on vehicles.
At the same time, the authorized body for ensuring road traffic security shall has the right to determine the date of importation on the basis of details provided by state revenue authorities.
For the purposes of this subparagraph, as the date of importation of cars into the territory of the Republic of Kazakhstan, shall specified "until January 1, 2014" or "after December 31, 2013".
From January 1, 2015 the date of importation of motorcars that imported into the territory of the Republic of Kazakhstan shall be the date of its primary state registration;
12) country-manufacturer of cars (Kazakhstan (other).
2. The authorized body in the field of customs after the customs operations related to the release of vehicles, directed information to a single information system of state registration of vehicles of the authorized body in the manner determined by the joint act.
Footnote. Article 72 as amended by Laws of the Republic of Kazakhstan dated 28.11.2014 № 257 (shall be enforced from 01.01.2015).Chapter 11. ADMISSION OF PERSONS TO DRIVE VEHICLES
Article 73. Admission of persons to drive vehicles
1. In the Republic of Kazakhstan, the following categories and the subcategories of vehicles included in its shall established, driving of which shall granted a special right (hereinafter - the right to drive vehicles):
1) category "A" - motorcycles;
2) category "B" - motorcars, gross laden weight of which shall be no more than three thousand five hundred kilograms and the number of seats in addition to the driver's seat shall be no more than eight; motorcars of category "B", coupled to a trailer, gross laden weight of which shall be no more than seven hundred and fifty kilograms; vehicles of category "B" coupled with a trailer gross laden weight of which shall be more than seven hundred and fifty kilograms, but shall be no more than mass of the vehicle without load, and the total gross laden weight of such a combination of vehicle shall be no more than three thousand five hundred kilograms;
3) category "С" – motorcars, except those belonging to the category "D", gross laden weight of which shall be more than three thousand five hundred kilograms; motorcars of category "C", coupled to a trailer, gross laden weight of which shall be no more than seven hundred and fifty kilograms;
4) category "D" –motorcars intended for the carriage of passengers and having more than eight seats, in addition to the driver's seat; motorcars of category "D" coupled to a trailer, gross laden weight of which shall be no more than seven hundred and fifty kilograms;
5) category "BE" - motorcars of category "B" coupled to a trailer gross laden weight of which shall be more than seven hundred and fifty kilograms and shall be more than the mass of the motorcar without load; motorcars of category "B" coupled to a trailer gross laden weight of which shall be more than seven hundred and fifty kilograms, and the total gross laden weight of such combination of vehicle shall be more than three thousand five hundred kilograms;
6) category "CE" - motorcars of category "C", coupled to a trailer, gross laden weight of which shall be more than seven hundred and fifty kilograms;
7) category "DE" - motorcars of category "D" coupled to a trailer gross laden weight of which shall be more than seven hundred and fifty kilograms, as well as articulated buses;
8) category "Tm" - trams;
9) category "Tb" - trolleybuses;
10) subcategory "A1" - motorcycles, tricycles, quadricycles and mopeds with a maximum design speed of more than fifty kilometers per hour, with an internal combustion engine working volume shall be no more than one hundred and twenty five cubic centimeters and a maximum power shall be no more than eleven kilowatts;
11) subcategory "B 1" - tricycles and quadricycles;
12) subcategory "С1" - motorcars, except those belonging to the category "D", gross laden weight of which shall be more than three thousand five hundred kilograms, but shall be no more than seven thousand five hundred kilograms; motorcars of the subcategory "C1", coupled to a trailer, gross laden weight of which shall be no more than seven hundred and fifty kilograms;
13) subcategory "D1" - motorcars intended for the carriage of passengers and having more than eight but no more than sixteen seats, in addition to the driver's seat; motorcars of the subcategory "D1", coupled to a trailer, gross laden weight of which shall be no more than seven hundred and fifty kilograms;
14) subcategory "С1Е" - motorcars of the sub-category "С1" coupled to a trailer gross laden weight of which shall be more seven hundred and fifty kilograms, but shall be no more than the mass of the motorcar without load, and the total gross laden weight of such combination of vehicle shall be no more than twelve thousand kilograms;
15) subcategory "D1E" - motorcars of the subcategory "D1" coupled to a trailer not intended for the carriage of passengers gross laden weight of which shall be more than seven hundred and fifty kilograms but shall be no more than the mass of the motorcar without load and the total gross laden weight of such motorcar shall be no more than twelve thousand kilograms.
1-1. Persons who comply with the requirements set forth in the second part of paragraph 5 of Article 57 hereof shall be permitted to drive electric scooters on the right edge of the carriageway, including the lane for route vehicles.
2. The right to drive vehicles shall be granted to persons who passed exams, subject to the conditions listed in Article 74 of this Law.
Exams shall be accepted on vehicles with a mechanical or automatic transmission.
Persons who passed exams on vehicles with a mechanical transmission shall be granted the right to drive vehicles of the appropriate category or subcategory with any kind of transmission.
3. Exams shall be hold with the use of technical means to control the theoretical knowledge and practical skills of the examiners.
The composition of the technical means of control intended for exams, the requirements for them, as well as the conditions for their application shall established by the authorized body.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).
5. The right to drive vehicles shall be evidenced by a driving licence, and in cases stipulated by the laws of the Republic of Kazakhstan - by a temporary licence issued in lieu of a driving licence for the right to drive a vehicle.
6. National and international driving license shall be issued In the Republic of Kazakhstan that meets the requirements of international treaties of the Republic of Kazakhstan.
7. The national driving license shall be issued over the period for ten years, unless otherwise provided by the laws of the Republic of Kazakhstan.
8. The national driving license for the right to drive vehicles of category "A" also confirms the right to drive vehicles of the subcategory "A 1" and subcategory "B1" with motorcycle or motorcycle-type driving, category "B" - subcategory "B1" (except vehicles motorcycle or motorcycle type), category "С" - subcategories "С1", category "D" - subcategories "D1", category "CE" - subcategories "С1Е", category "DE" - subcategories "D1E".
9. The international driving license shall be issued over the period for up to three years, but no more than the validity period of the national driving license.
The international driving license issued in the Republic of Kazakhstan shall invalid to drive of vehicles on the territory of the Republic of Kazakhstan.
10. Issuance of national and international driving license in exchange for lost (stolen) foreign and international driving license issued in other states shall be not produced.
11. Samples of national and international driving license shall be approved by the authorized body.
12. In the case that the driving license specifies restrictions to drive vehicles, this driving license shall be considered valid subject to the restrictions specified therein.
13. Persons permanently or temporarily living and temporarily staying on the territory of the Republic of Kazakhstan shall allowed to drive vehicles on the basis of national driving licenses, and in the absence of those on the basis of valid international or foreign national driving licenses, subject to the conditions and restrictions listed in paragraphs 14, 15, 16, 17, 18 and 19 of this article.
14. Shall not permitted to drive vehicles on the basis of international or foreign driving license upon carrying out entrepreneurial or other business activities related to the execution of works for the direct driving of vehicles, except for citizens of the states members of the Eurasian Economic Union.
15. The international driving license issued in a foreign country shall be recognized as valid provided that it shall be presented together with appropriate national driving license.
16. A foreign driving license unconformable to the requirements of international treaties of the Republic of Kazakhstan shall be recognized invalid.
17. Foreign and international driving licenses shall recognized as valid to drive vehicles on the territory of the Republic of Kazakhstan upon the achievement by their owners of the age specified in Article 74 of this Law for the appropriate categories and subcategories of vehicles.
18. Provisions provided by paragraphs 14 and 17 of this article shall not apply in cases of participation of a vehicle in international traffic.
19. Foreign and international driving licenses shall be recognized as invalid to drive vehicles on the territory of the Republic of Kazakhstan upon expiry of sixty days from the date of their receipt by the owner who is a foreign citizen or stateless person, has a residence permit, or upon expiry of sixty days from the date of entry into the Republic of Kazakhstan of their owner, who is a citizen of the Republic of Kazakhstan.
20. Foreign and international driving licenses unconformable to the requirements of international treaties of the Republic of Kazakhstan, exchange for national and international driving licenses of the Republic of Kazakhstan shall not be subject to.
Notes.
1. Vehicles of categories "B", "C" and subcategory "C 1" shall equated with self-propelled chassis of vehicles used for the carriage of cargo related to the relevant categories (subcategories).
2. The classification of vehicles and their self-propelled chassis listed in this Article shall be determined in accordance with international treaties ratified by the Republic of Kazakhstan.
Footnote. Article 73 as amended by Laws of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.10.2018 № 184-IV (shall be enforced upon expiry of six months after its first official publication); № 12-VIII of 29.06.2023 (shall enter into force sixty calendar days after the date of its first official publication).Article 74. Conditions for procurement of right to drive vehicles
1. Persons who have reached the age specified in this article and who have a medical opinion on the absence of contraindications to drive vehicles, after appropriate preparation shall allowed to pass exams for procurement the right to drive vehicles.
2. The right to drive vehicles is granted:
to persons who have reached sixteen years of age – with regard to subcategory “A1” vehicles;
to persons who have reached eighteen years of age – with regard to vehicles of categories “A”, “B” and subcategories “B1”, “C1”;
to persons who have reached twenty-one years of age, with at least three years of work experience as a driver, including at least one year of experience of driving vehicles of subcategory “C1” – with regard to vehicles of category “C” and subcategory “D1”;
to persons who have reached twenty-one years of age - with regard to vehicles of category “Tm”;
vehicles of categories "D" and "Tb" - individuals who have reached the age of twenty-three and shall have at least three years of driving experience, including at least one year of driving experience in vehicles belonging to subcategory "D1";
to persons entitled to drive vehicles of categories “B”, “C” or “D”, respectively, for at least twelve months – with regard to combination of vehicles of categories “BE”, “CE”, “DE”;
to persons entitled to drive vehicles of categories “C”, “D”, respectively, or subcategories “C1”, “D1” for at least twelve months – with regard to combination of vehicles of subcategories “C1E”, “D1E”.
3. To pass the exams for procurement the right to drive vehicles of categories "B", "C", as well as the subcategory "C1", persons who have reached the age of seventeen years and who have been pass an appropriate training of drivers of vehicles in the directions of local military command agencies, without an experience of work as a driver and the experience to drive vehicles related to the category "C1".
National driving licenses for specified persons shall be issued upon reaching the age of eighteen years.
4. Servicemen after appropriate training shall allowed passing exams for procurement the right to drive vehicles of category "D" and subcategory "D 1" after reaching the age of eighteen years.
Before reaching the age of twenty-one years, the national driving licenses issued to them following the results passing exams confirm the right to drive vehicles of category "D" and subcategory "D1" related only to the Armed Forces of the Republic of Kazakhstan, other troops and military formations.
Footnote. Article 74 as amended by Laws of the Republic of Kazakhstan dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); dated 18.07.2024 № 126-VIII (shall enter into force upon expiry of sixty calendar days after its first official publication).Article 75. Termination of the right to drive vehicles
1. The grounds for termination of the right to drive vehicles shall be:
1) expiry of the validity period of the driving license;
2) deterioration of the driver's health, impeding the safe driving the vehicles, confirmed by medical conclusion.
Pre-term sending of the driver of a motor vehicle for a second medical examination shall be the basis for the suspension of the driving license;
3) failure to pass an exam for knowledge checks of road traffic rules within two months from the date of receipt of a decree on sending a driver for knowledge checks of road traffic rules;
4) deprivation of the right to drive vehicles;
5) issuing a driving licence in breach of the regulations on the training of drivers of motor vehicles, taking examinations and issuing driving licences.
The right to drive vehicles on the grounds stipulated in sub-paragraphs 2), 3) and 5) of this paragraph shall be terminated by court decision under the procedure envisaged by the civil procedural legislation of the Republic of Kazakhstan at the suit of the competent authority (official).
2. The right to drive a vehicle shall restored upon the termination of such right:
1) on the grounds provided by subparagraph 1) of paragraph 1 of this article, after passing a medical examination;
2) on the grounds provided by subparagraph 2) of paragraph 1 of this article, by a court decision, if the reason for the termination of the right to drive vehicles be removed;
3) on the grounds provided by subparagraph 3) of paragraph 1 of this article, in accordance with the procedure established by Article 73 of this Law;
4) on the grounds provided by subparagraph 4) of paragraph 1 of this article, after medical reexamination, passing the exam and expiry of the period of deprivation of the driving license.
3. Types of offenses that entail the deprivation of the right to drive vehicles or the restriction of such a right as a punishment for shall established by the laws of the Republic of Kazakhstan.
Footnote. Article 75 as amended by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 12-VIII of 29.06.2023 (shall be enacted sixty calendar days after the date of its first official publication).Article 76. Registration and recording of persons to whom vehicles shall be transferred to temporary possession and use
Footnote. Article 76 is excluded by Laws of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).
Chapter 12. TRAININGTHE DRIVERS OF VEHICLES
Article 77. Requirements for educational organizations on training the drivers of vehicles
1. The educational organization on training the drivers of vehicles shall created by individual entrepreneurs and legal entities and starts its activities from the date of submission the notification of the commencement of activities to the authorized body in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications".
2. Upon sending a notification to the authorized body on the start of activity by the training organization on training the drivers of vehicles, the following documents shall be presented:
1) statement;
2) notary certified copies of documents confirming the right of ownership or use of immovable property of educational organizations intending to carry out activities on the training the drivers of vehicles registered in the order established by the legislation of the Republic of Kazakhstan and used as educational and material base;
3) legal documents for other property used as educational and material base;
4) lists of teachers, masters of industrial training and masters of driving training during the educational process for the training of drivers of vehicles (the list includes the number of the qualification certificate "teacher", "master of production training", "master of driving instruction during the educational process," surname, name, patronymic (if it is specified in the identity document), identity document data);
5) Training programs that includes the topics learned, the schedule of the lessons and the planned methods of teaching.
3. Notification received by the authorized body from the training organization on training the drivers of vehicles shall be the basis for the authorized body of internal recording of such organizations.
Registration of educational organizations for the training of drivers of vehicles and registration of training groups are carried out through the information system of the authorized body in accordance with the laws of the Republic of Kazakhstan.
4. The head of an educational institution for the training of vehicle drivers must have a qualification certificate of an “instructor” or “master of vocational training” or “master of driving instruction during the educational process”.
5. Teacher, master of production training and the master of driving training during the educational process must have the qualifying certificates "teacher", "master of production training" and "master of driving instruction during the educational process" respectively and carry out their activities only as part of one training organization on training the drivers of vehicle.
6. Training of driving a vehicle on public roads shall be carried out on routes coordinated with the authorized body only.
Carriage of passengers on an educational vehicle controlled by a person trained in driving shall be prohibited.
Footnote. Article 77 is in the wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication); as amended by Law № 249-VI of the Republic of Kazakhstan as of 19.04.2019 (shall be enforced ten calendar days after its first official publication); dated 29.12.2022 № 174-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 78. Grounds for refusing to include and exclude from the register of educational organizations on training the drivers of vehicles
Footnote. Article 78 is excluded by Laws of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).
Article 79. Professional associations on training the drivers of vehicles
1. Educational organizations on training the drivers of vehicles for the purpose of coordinating their entrepreneur activities, as well as representing and protecting common interests, can create professional associations on training the drivers of vehicles.
2. Professional associations on training the drivers of vehicles are non commercial organizations that unite educational organizations and acting on the basis of the charter adopted at the joint meeting of their members.
3. Creation, management, functioning and termination of activity of professional associations on training the drivers of vehicles shall carried out in accordance with the civil legislation of the Republic of Kazakhstan.
Footnote. Article 79 is in the wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).Article 80. Rights and duties of professional associations on training the drivers of vehicles
1. Professional associations on training the drivers of vehicles shall have the right:
1) hold courses in the professional development of teachers, masters of industrial training and masters of driving instruction during the educational process, issue a course training certificates in the manner established by the authorized body;
2) analyze, summarize and disseminate the experience on training the drivers of vehicles;
3) represent and protect the rights and legal interests of training organizations on training the drivers of vehicles in courts, state bodies, public associations and international organizations;
4) consider disputes between training organizations on training the drivers of vehicles related to carrying out their activities;
5) hold a rating of training organizations on training the drivers of vehicles and publish its results in printed periodical publication;
6) participate in business of international organizations on training the drivers of vehicles;
7) develop, publish and distribute educational literature, methodical recommendations, printed periodical publication in the field on training the drivers of vehicles;
8) give recommendations on the standard on training the drivers of vehicles.
9) is excluded by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication).2. Professional associations on training the drivers of vehicles shall be obliged to:
1) comply and ensure compliance by the educational organizations on training the drivers of vehicles of the legislation of the Republic of Kazakhstan on road traffic;
2) provide their members with normative legal acts of the Republic of Kazakhstan on road traffic;
3) contribute to the development of activities on training the drivers of vehicles, improve the efficiency, organization and coordination of the activities of educational organizations.
Footnote. Article 80 is in the wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 81. Disqualification of Certificate on accreditation
Footnote. Article 81 is excluded by Laws of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).
Article 82. Certification of candidates for assignment of qualifications “teacher”, “master of production training”, “master of driving instruction during the educational process”
1. Persons who meet one of the following requirements are admitted to certification:
1) higher or post-secondary education, driver’s license of the category in which they will train;
2) driving experience of at least five years in the category in which they will train.
2. Persons who have passed the attestation receive a qualification certificate for qualification "teacher", "master of production training", "master of driving instruction during the educational process", indicating the number of the qualification certificate, name, patronymic (if available).
3. Persons who do not pass the certification shall be allowed to re-pass it after three months from the decision of the Qualification Commission.
Footnote. Article 82 is as amended by Law № 249-VI of the Republic of Kazakhstan as of 19.04.2019 (shall be enforced ten calendar days after its first official publication).Article 83. Qualification commissions
1. The Qualification Commission shall created by a professional association on training the drivers of vehicles in accordance with the Rules approved by the authorized body.
2. Is excluded by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication).3. Financing of work of the qualification commission shall be carried out by a professional association at the expense of its own funds and other sources not prohibited by the legislation of the Republic of Kazakhstan.
4. The composition of the qualification commissions includes by ones representative from the authorized body.
5. The Qualification Commission shall elaborate and adopt a programme for the certification of teacher candidates, master teachers and master driver trainers during the educational process in line with the professional standard, as well as conduct their certification.
6. Qualification commissions shall be obliged to submit to the authorized body within fifteen business days from the date of the decision the protocol of the meeting with the indication of the number of the qualification certificate and certified copies of documents submitted to the qualification commission by persons who have been awarded the qualification "teacher", "master of production training" and " masters of driving instruction during the educational process".
7. In case of violation of the procedure for certifying candidates, the authorized body shall have the right to appeal the decision of the qualification commissions in a judicial procedure.
Footnote. Article 83 is in the wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan dated 03.07.2017 № 83-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 15-VIII of 04.07.2023 (shall become effective sixty calendar days from the date of its first official publication).Article 84. Disqualification of certificate “teacher”, “master of production training”, “master of driving instruction during the educational process”
Disqualification of certificate "teacher", "master of production training", "master of driving instruction during the educational process" shall be carried out in the manner established by the Code of the Republic of Kazakhstan on Administrative infractions.
Decision on disqualification of certificate by the authorized body informs to the professional associations.
Persons who have been disqualificated can be re-certified not earlier than in three years.
Article 85. State control of educational organizations on training the drivers of vehicles
1. State control shall be aimed at compliance with educational organizations on training of the drivers of vehicles requirements and standards on training the drivers of vehicles.
2. The state control shall be carried out in accordance with the Entrepreneurship Code of the Republic of Kazakhstan.
3. Internal control shall be carried out to ensure the quality of services provided by educational organizations on training the drivers of vehicles.
4. Internal quality control shall be carried out by educational organizations on training the drivers of vehicles themselves in accordance with the standards of training drivers of vehicles.
5. Educational organizations on training the drivers of vehicles shall have the right to appeal the results of state control in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 85 is in the wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).Article 86. Rights and duties of teachers, master of production training and master of driving instruction during the educational process
1. Teacher, master of production training and master of driving instruction during the educational process shall have the right to:
1) engaging in activities on training the drivers of vehicles with the provision of conditions for professional activities;
2) join a professional association;
3) advanced training;
4) appealing decisions of professional associations following the results of certification in court.
2. Teacher, master of production training and master of driving instruction during the educational process shall be obliged to:
1) comply with the legislation of the Republic of Kazakhstan in the field of road traffic;
2) have appropriate theoretical and practical knowledge and skills of teaching in the field of their professional competence;
3) ensure the quality of the services provided;
4) respect the honor and dignity of trainees.
Footnote. Article 86 as amended by Laws of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).Article 87. Rights and duties of educational organizations on training the drivers of vehicles
1. Educational organizations on training the drivers of vehicles shall have the right to:
1) join a professional association;
2) appeal the decision of the professional association following the results of the certification of candidates for teachers, masters of industrial training and masters of driving education during the educational process in a judicial procedure.
2. Educational organizations on training the drivers of vehicles shall be obliged to:
1) comply with the legislation of the Republic of Kazakhstan in the field of road traffic;
2) exercise functions assigned to their competence;
3) not to interfere for execution of external quality control, inspections carried out by the authorized body;
4) implement in full the educational programs in accordance with the curriculum and the plan-schedule on training the drivers of vehicles;
5) ensure high quality on training of trainees;
6) ensure the safety of trainees, teachers, masters of industrial training and masters of driving instruction during the educational process;
7) maintain vehicles in a technically sound condition and organize pre-trip medical examination of masters of driving instruction;
8) provide information on its activities to the authorized body in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
9) is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).
Footnote. Article 87 as amended by Laws of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).Chapter 13. COMPULSORY TECHNICAL INSPECTION
Article 88. Compulsory technical inspection
1. Motor vehicles and trailers, participating in road traffic on the territory of the Republic of Kazakhstan and registered with the authorized body, as well as those registered in other states, are subject to mandatory technical inspection, with the exception of vehicles of category M1, whose age does not exceed seven years, including the year of manufacture, not used in business activities in the field of automotive transport.
Vehicles of category M1 include vehicles used for the carriage of passengers and having, in addition to the driver's seat, no more than eight seats.
Officials exercising state control in the field of road safety shall be sent to re-pass compulsory technical inspection of vehicle owners in the case of a road accident with the occurrence of malfunctions in which the operation of vehicles shall be prohibited.
The officials of the authorized body shall examine the fact of passing compulsory technical inspection by a motor vehicle carrying out by requesting details to unify information system of compulsory technical inspection of motor vehicles and trailers to its.
Diagnostic technical inspection card is a document confirming the passing of compulsory technical inspection by a motor vehicle used in international motor service and compliance with the requirements established by international treaties ratified by the Republic of Kazakhstan.
The requirements of part one of this paragraph do not apply to motor vehicles and trailers to them participating in international traffic on the territory of the Republic of Kazakhstan for less than ninety consecutive calendar days from the date of import (entry) of such vehicles into the territory of the Republic of Kazakhstan.
2. Compulsory technical inspection shall be carried out by operators of technical inspection, included by the authorized body in the field of transport and communications in the register of technical inspection operators, regardless of the place of registration of the vehicle and the residence of the owner of the vehicle.
Operators of technical inspection render services on the basis of a public contract.
3. Assimilation the rendering of services to hold compulsory technical inspection and repair, maintenance service of vehicles shall be not allowed.
Rendering services for repair and maintenance service of vehicles on the territory of the operator of technical inspection shall be not allowed.
It is allowed to assimilate and render on the operator's territory a technical inspection of the services for carrying out compulsory technical inspection, cleaning and washing of vehicles.
4. Technical inspection operator shall:
1) performs compulsory technical inspection using stationary and (or) mobile lines of technical inspection;
2) ensure the execution of compulsory technical inspection within the region of activities determined by the authorized body in the field of transport and communications;
3) inform the population about the schedule of the compulsory technical inspection in the region of activity.
4) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).The procedure for determining the region of activity shall be established by the authorized body in the field of transport and communications.
Compulsory technical inspection in capital, cities of republican and region importance shall be carried out only by stationary lines of technical inspection.
The technical inspection operator, who provided for the compulsory technical inspection within the region of activities determined by the authorized body in the field of transport and communications, shall has the right to carry out the compulsory technical inspection outside the region of activity.
5. Carrying out of compulsory technical inspection includes two stages: preparatory and basic.
During the preparatory stage of the compulsory technical inspection, identification and examination of vehicle identification results shall be carried out for compliance data of registration and other documents.
During the main stage of the compulsory technical inspection, works (examination) shall carried out to determine the compliance of the technical condition of vehicle with the safety requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation.
6. For passing mandatory technical inspection, the owner of the vehicle presents to the operator of the technical inspection the vehicle and the certificate of state registration of the vehicle.
The technical inspection operator shall ensure the entering of data of the certificate of state registration of a vehicle and details contained in the diagnostic technical inspection map to the unify information system of compulsory technical inspection of motor vehicles and trailers to its.
6-1. The procedure for the functioning of the unified information system for mandatory technical inspection of motor vehicles and their trailers is determined by the rules for organizing and conducting a mandatory technical inspection of motor vehicles and their trailers, the frequency of mandatory technical inspection of motor vehicles and their trailers, except for motor vehicles and their trailers of the Armed Forces, other troops and military formations.
7. If, following the results of compulsory technical inspection of a vehicle, no faults and conditions shall revealed under which the vehicle and trailers shall not allowed to operate, a compulsory technical inspection shall be recognized as passed.
In this case, owner of a vehicle shall be issued a diagnostic map of the technical inspection, indicating the period of the next compulsory technical inspection in accordance with the established periodicity of passing the compulsory technical inspection.
8. If, following the results of the compulsory technical inspection, faults and conditions are revealed upon which the operation of the vehicle and trailers shall prohibited, a compulsory technical inspection shall recognized as not passed.
In this case, the vehicle owner shall be issued a diagnostic inspection card with fault indication.
9. After elimination of revealed faults and conditions under which the operation of a motor vehicle and trailers shall be prohibited, owner of motor vehicle and trailers presents it for a repeated compulsory technical inspection.
A repeated technical inspection of the motor vehicle and trailers to it shall be carried out at the technical inspection center where the first compulsory technical inspection was carried out, or at another technical inspection center.
At repeated technical inspection of the motor vehicle and trailers to it in the technical inspection center where the first compulsory technical inspection was carried out, the technical inspection shall be carried out only for those items that did not meet the established criteria and were indicated in the diagnostic map of the technical inspection. In this case, payment shall charge only for checking those items that checked again.
The maximum period for the presentation of a motor vehicle and trailers to it for a repeated compulsory technical inspection after the detection of faults during the compulsory technical inspection shall ten calendar days.
10. The owner of a motor vehicle and trailers to it independently determines the place of fulfillment and the executor of work to eliminate the identified faults and conditions under which the operation of a motor vehicle and trailers to it shall be prohibited.
11. If, during the compulsory technical inspection, the technical inspection operator shall not detect technical faults of the motor vehicle or if such faults shall detected, but the details on them was not entered in the diagnostic map of the technical inspection, the technical inspection operator shall be obliged to compensate in full the harm caused to life, health or property of the owner of the motor vehicle or third parties due to such faults.
12. The reason for the operator's refusal to carry out a technical inspection shall be:
1) non presentation by the vehicle owner the certificate of state registration of vehicle;
2) non presentation by the owner of the vehicle;
3) presentation for compulsory technical inspection of the vehicle with the numbered units (chassis, body) replaced without agreement with the authorized body, which shall not correspond to the data of the certificate of state registration of the vehicle;
4) presentation to compulsory technical inspection of vehicles without state registration number plates.
13. Excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced ten calendar days after the date of its first official publication).14. The operator of the unified information system for mandatory technical inspection of motor vehicles and their trailers provides:
reliability and protection of information contained in the unified information system for mandatory technical inspection of motor vehicles and their trailers;
the authorized body and the authorized body for transport and communications with access to the unified information system for mandatory technical inspection of motor vehicles and their trailers;
protection of personal data of owners of motor vehicles and their trailers.
Footnote. Article 88 as amended by Laws of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 19.04.2019 № 249-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); № 272-VI as of 25.11.2019 (shall be enforced ten calendar days after its first official publication); dated 30.12.2022 № 177-VII (shall be enforced ten calendar days after the date of its first official publication).Article 89. Register of technical inspection operators
1. The authorized body in the field of transport and communications keeps a register of technical inspection operators and places it on its Internet resource.
The procedure for keeping the register of technical inspection operators shall be determined by the authorized body in the field of transport and communications.
The technical inspection operator shall carry out activities to conduct compulsory technical inspection of vehicles from the date of submission the notification to the authorized body in the field of transport and communications in accordance with the procedure established by the Law of the Republic of Kazakhstan on Permits and Notifications.
2. Requirements for operators of technical inspection to carry out activities to conduct compulsory technical inspection of vehicles shall be:
1) state registration as a legal entity - for a legal entity;
2) registration as an individual entrepreneur - for an individual entrepreneur;
3) immovable property on the right of ownership or possession and use - in the case of opening a fixed line of technical inspection;
4) availability of test equipment and measuring instruments.
Footnote. Article 89 is in the wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).Article 90. International certificate of technical inspection
Footnote. Article 90 is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication).
Article 91. Rights and duties of technical inspection operators
1. Technical inspection operators shall be obliged to:
1) ensure compliance of the production premises and the territory of technical inspection centers with the requirements, established by national standards;
2) allow for compulsory technical inspection of employees whose qualifications meet the qualification requirements established by the legislation of the Republic of Kazakhstan;
3) comply with the requirements established by the legislation of the Republic of Kazakhstan in the course of executing work during the compulsory technical inspection;
4) at the request of the owners of vehicles to report other information relating to the work executed during the compulsory technical inspection of motor vehicles and trailers to it;
5) keep records of information on the technical condition of the inspected motor vehicles and trailers to it in electronic form;
6) inform the internal affairs bodies of the facts of replacing the numbered units (engine, chassis, body) that do not comply with this certificate of state registration of the vehicle, presentation to technical inspection of vehicles of stateless registration license number plates or with signs not corresponding to those specified in the certificate of state registration of the transport facilities;
7) present information to the unified information system of compulsory technical inspection of motor vehicles and trailers to it following the results of the compulsory technical inspection;
8) within five calendar days, notify the authorized body in the field of transport and communications about changing the location of the technical inspection center;
9) draw up a departure schedule for a mandatory technical inspection within the region of operation;
10) comply with other requirements established by the legislation of the Republic of Kazakhstan.
2. Operators of technical inspection shall be prohibited to:
1) carry out compulsory technical inspection of vehicles with the number plates (chassis, body) replaced without approval by the authorized body, which shall not correspond to the data of the certificate of state registration of the vehicle, as well as converted in violation of the established requirements, without state registration number plates;
2) unreasonably refuse for passing the compulsory technical inspection;
3) change the conditions for passing the compulsory technical inspection due to the violation of the period of compulsory technical inspection;
4) demand from the vehicle owner due to the compulsory technical inspection additional remuneration.
Footnote. Article 91 as amended by Laws of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 05.10.2018 № 184-IV (shall be enforced upon expiry of six months after its first official publication); № 272-VI as of 25.11.2019 (shall be enforced ten calendar days after its first official publication).Article 92. State control over compliance with the procedure for organizing and conducting compulsory technical inspection
State control over compliance with the procedure for organizing and conducting mandatory technical inspection of motor vehicles and trailers by technical inspection operators shall be carried out in the form of inspection and preventive control with a visit to the subject (object) of control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Footnote. Article 92 is in the wording of the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).Chapter 14. CONCLUDING PROVISIONS
Article 93. Responsibility for violation of the legislation of the Republic of Kazakhstan on road traffic
Persons guilty of violating legislation in the field of road traffic shall take responsibility in accordance with the laws of the Republic of Kazakhstan.
Article 94. Responsibility for harm by activities in the field of road traffic, which creates increased danger to others
1. The activities of individuals and legal entities in the field of road traffic refer to activities that create an increased danger to others (organizations that have risks in the field of road traffic, vehicle owners and others), and vehicles and roads are a source of increased danger.
2. Individuals and legal entities whose activities are associated with increased danger shall be obliged to compensate for harm caused by a source of increased danger in the manner established by the Civil Code of the Republic of Kazakhstan.
Article 95. The order of enforcement of this Law
1. This Law shall be enforced upon expiry of six months after its first official publication.
2. Declare to be no longer in force the Law of the Republic of Kazakhstan of July 15, 1996 "On Road Traffic Safety" (Gazette of the Parliament of the Republic of Kazakhstan, 1996, № 14, Article 273; 2001, № 24, Article 338; 2003, № 10, Article 54; № 12, Article 82; 2004, № 23, Article 142; 2005, № 7-8, Article 23; 2006, № 1, Article 5; № 24 , Article 148; 2007, № 2, Article 18; 2008, № 13-14, Article 54; № 23, Article 114; 2009, № 23, Article 100; 2010 , № 24, Article 146; 2011, № 1, Article 7, № 2, Article 25; № 11, Article 102; № 12, Article 111; 2012, № 8, Article 64 ; № 15, Article 97, № 21-22, Article 124; 2013, № 1, Article 3; № 9, Article 51; № 14, Articles 72, 75; № 16, Article 83 ; 2014, № 1, Article 4).
| The President of the Republic of Kazakhstan | N. NAZARBAYEV |