Annex 6 - TRACECA - Legal Analysis - Caucasus v2

7/27/2019 Annex 6 - TRACECA - Legal Analysis - Caucasus v2

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EUROPEAID/126786/C/SV/MULTI

LAND TRANSPORT SAFETY AND SECURITY

for Armenia, Azerbaijan, Georgia, Kazakhstan,

Kyrgyzstan, Moldova, Tajikistan, Ukraine, Uzbekistan

Interim Report n 2

Annex VI Legal Gap Analysis - Caucasus

January 2010

The European Unions TRACECA programme

for Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova,


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1. REPORT ON ROAD TRANSPORT IN GEORGIA .................................................. 51.1 AUTHORITIES REGULATING ROAD TRANSPORT ..................................... 51.2 LEGAL FRAMEWORK .................................................................................... 51.3 LICENSING ...................................................................................................... 71.4 CARRIAGE OF GOODS .................................................................................. 71.5 CARRIAGE OF PASSENGERS ...................................................................... 81.6 EMPLOYMENT AND WORKING CONDITIONS ............................................. 91.7 ROAD SAFETY ................................................................................................ 91.8 Summary ....................................................................................................... 11

2. Report on Road Transport. Republic of Azerbaijan ......................................... 132.1 ROAD TRAFFIC ............................................................................................ 162.2 Transportation of dangerous goods in the republic of Azerbaijan ......... 172.3 Auto Park of the Republ ic of Azerbaijan: ................................................... 182.4 Drunk-dr iving in Azerbaijan ........................................................................ 182.5 Training ......................................................................................................... 182.6 Transit permits ............................................................................................. 192.7 Law of the Republic of Azerbaijan on Road Traffic (some extracts): .. 20

3. Regulations concerning land transport safety and security in Armenia ....... 243.1 Government regulation ................................................................................ 243.2 Transport inspection of the Ministry of Transport and Communication 243.3 Organization of freight forwarding by motor transport ............................ 253.4 Safety of Transpor tation by Motor Transpor t ............................................ 253.5 Requirements to vehicles drivers ............................................................... 253.6 Freight Forwarding ....................................................................................... 26


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3.7 Traffic Speed ................................................................................................. 263.8 Main Responsibil ities of Vehic les Owners and Drivers ............................ 273.9 Responsibilities on assurance of traffic safety of officials from vehiclesoperation organizations ......................................................................................... 283.10 By the decision of the Government of RA of June 2007 N955-N the list offailures and conditions prohib iting vehicles operation is regulated. ................ 29

3.10.1 Failures and conditions of vehicles braking system ................................ 293.10.2 Failures and conditions of the steering system of the vehicles ............... 293.10.3 Failures and conditions of wheels and tires: ........................................... 30

3.11 Other legal acts ............................................................................................ 303.12 Ar ticles f rom Labor Code of RA .................................................................. 30

3.12.1 Law on Transport in RA (adopted in 1998) includes: .............................. 303.12.2 The law on transport inspection (adopted in 2006) includes: .................. 313.12.3 The law of the RA on Motor Transport (Adopted December 2006) ......... 31

3.13 Conventions ratified by the Government of Armenia (source: ILOLEX 15 May, 2009) ........................................................................................................... 31

3.13.1 The conventions that refer to transportation and safety issues are thefollowing: ................................................................................................................ 313.13.2 Conventions ratified by the Government of RA and 3 agreementsbetween the Government of RA and Georgia are presented below in the sphere oftransportation:........................................................................................................ 32

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...wherever it is read ECRegulationsshould be Read EU regulations


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Georgia


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1. REPORT ON ROAD TRANSPORT IN GEORGIA

1.1 AUTHORITIES REGULATING ROAD TRANSPORT

Since January 2005 some fundamental changes were implemented by theGovernment of Georgia in the structure of bodies responsible for regulation of roadtransport. During this period independent regulatory body Road TransportAdministration was reorganized into Road Transport Department of National TransportRegulatory Commission in 2006. Later in 2007 it was transformed into Road TransportDepartment of the United Transport Administration of the Ministry of EconomicDevelopment. Recently United Transport Administration was transferred to newlycreated Ministry of Regional Development and Infrastructure. Ministry of EconomicDevelopment remains in charge for policy making in transport sector, and all technicalregulation issues were transferred to ministry of Infrastructure and Regional

Development. All these bodies subject to their statutory authority were/are in charge ofregulating issues related to road transport.

Apart from the abovementioned body various ministries and governmentagencies within their competence regulate specific issues related to road transport, e.g.Ministry of Internal Affairs (in charge for supervision and controls of the requirementsset in Law on Road Traffic Safety), National Center for Accreditation (performs testingof Technical Diagnostic Centers in accordance with requirements of TechnicalRegulations), etc.

1.2 LEGAL FRAMEWORK

The set of legislation regulating road transport is divided into several categories.

International Conventions. Georgia is a party to number of InternationalConventions, regulating various aspects of road transport. By virtue of havingsupremacy over national legislation some of the Conventions are self-executing withoutbeing incorporated into national legislation, others are implemented through laws andregulations. Georgia is signatory to following International Conventions andAgreements which regulate the road transport:

TIR Convention (1975)

Convention on Road Traffic (1949)

European Agreement on Main International Traffic Arteries (1975)

Convention on International Multimodal Transport of Goods (1991)

Agreement on the International Carriage of Perishable Foodstuffsand on the Special Equipment to Be Used for Such Carriage (1970)


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Agreement between Georgia, Republic of Azerbaijan, Turkmenistanand Republic of Uzbekistan on Cooperation in Regulation of TransitCarriage (1996)

Basic Multilateral Agreement on International Transport forDevelopment of the Europe-Caucasus-Asia Corridor (1998)

International Convention on Harmonization of Frontier Controls ofGoods (1982)

Convention on Transit Trade of Land-Locked States (1965)

Convention and Statute on Freedom of Transit (1921)

Customs Convention on Containers (1999)

Convention on the Contract for the International Carriage of Goodsby Road (1999)

Convention on Road Signs and Signals (1968)

Agreement on International Carriage of Passengers

Agreement on International Carriage of Goods

Laws. There are number of laws regulating road transport. The fundamental ofall these laws is Law on Road Transport which was adopted in 1995 but underwentserious amendments since 2005. Several issues related to road transport are regulated

by other laws (e.g. Law on Licenses and Permits, Law on State Regulation of TransportField, Law on Road Traffic etc.).

Regulations. These technical documents (Ministerial Orders, Orders of theHead of United Transport Administration, etc.) are designed to implement fundamentalprinciples set by international and domestic legal documents (e.g. Rules on Carriage ofGoods by Road Transport, Rules on Redesign of Vehicles, Rules on Technical Serviceof Vehicles, etc.)

In accordance with the Law of Georgia on Certification of Products andServices, Ordinance of the Government of Georgia N45 dated Feb 24, 2006recognizes and makes it compulsory in parallel with Georgian ones, technical

regulations of EU countries (among others listed in Annex) in the parts andrequirements related to insuring safety characteristics of products and services.


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1.3 LICENSING

As a result of changes in the legislation number of licenses and permits in the

field of road transport was significantly reduced from 9 to 4:

local regular passenger transportation

international regular passenger transportation

international regular carriage of goods

international carriage of goods from territory of Georgia by non-residentcarrier

General rules related to authorization are laid down by the law of Georgia onLicenses and Permits, which then are specified in the Law of Georgia on RoadTransport. The procedure of obtaining authorization/license is simplified and leftmandatory only for international operations and local regular passenger transportoperations in the cities. The area of concern lies more within regulation of domesticoperations, rather then international ones. There are some similarities with the CouncilRegulation (EEC) 684/92 on common rules forcarriage of passengers, but in generalthere is no unified approach to authorization of such operations. The reason is thatlocal municipalities are empowered to establish rules for authorization. The onlyrequirement set by Law on Road Transport is that municipalities should ensurepublicity and transparency of the process.

1.4 CARRIAGE OF GOODS

Safer and more competitive high-quality road transport system. There isno single document which aims to indicate the measures necessary to deploy acoherent, global policy so as to ensure the development of a safer and morecompetitive high-quality road transport system. Even though legislation prescribesgovernment to elaborate policy document in the field of road transport this documentdoesnt exist.

Statistical information. Council Regulation N1172/98 as amended by

subsequent Regulations organizes the collection on a comparable basis of statisticaldata on the carriage of goods by road with the purpose of establishment of anintegrated system providing reliable, compatible and up-to-date data. The variables areorganized in three general domains vehicle-related, journey-related and goods-related data. Regulation determines minimum standards to insure accuracy of gathereddata. Collection of data on cross-border carriage of goods by road is regulated byCustoms Code of Georgia. Based on Article 50, para 5 of the Code Order of theMinister of Finance of Georgia (N1764, Dec 20, 2006) sets format for collecting data ongoods and means of transport crossing Georgian border. The format is correspondentto the abovementioned Council Regulation. Georgian Customs are using automated


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system ASYCUDA, which upon entering detailed data on goods, transport, journey anddriver can generate detailed statistical information on specific parameters.Unfortunately there is no such system for collecting information on goods and vehiclesused for their transportation within the territory of Georgia.

Charging of heavy goods vehicles for use of certain infrastructure.Directive 1999/62/EC of the European Parliament and of the Council harmonizes levysystems vehicle taxes, tolls and charges relating to the use of road infrastructure.Document sets minimum rates to be applied and leaves room for derogation from theminima to facilitate adaptation to the required levels. Aim of the Directive is toencourage use of road-friendly and less polluting vehicles by differentiation of taxes orcharges. Document lists the conditions under which tolls or charges should bemaintained and/or introduced (e.g. impositions only on users of motorways, bridges,tunnels and mountain passes; principle of non-discrimination; periodical re-examinationof rates; proportionality of rates to duration of use of infrastructure, etc.). The onlydocument which specifically deals with heavy goods and oversized vehicles is theOrder of the Minister of Internal Affairs (N956/1-1/746, Aug 3, 2006) on Rules forRouting and Safe Movement of Heavy Goods and Oversized Vehicles. It setsdeterminants for heavy goods and oversized vehicles, rules for obtaining authorization,routing, escorting and speed limits. Compulsory prerequisite for movement of suchvehicles is authorization from competent authorities Patrol Police and StateDepartment of Roads. There is no specific legislation with regard to taxes and chargeson this type of vehicles. The toll system is used only in one place Rikoti, for use oftunnel. Differentiation is made only by size of vehicles and encompasses no system forencouraging road-friendly and less polluting vehicles.

1.5 CARRIAGE OF PASSENGERS

Council Regulation N684/92 of March 1992 as amended by Council RegulationN11/98 of December 1997 sets standards for insuring efficient and high-qualityservices in transportation of passengers: greater passenger comfort, right toinformation on fares, contractual terms, handling of complaints, dispute resolution, etc.Document sets control procedures and penalties, identifies types of services and theirsubjection to authorization, as well as conditions and procedures for acquiringauthorization. In Georgia there is no consolidated specific document regulating carriageof passengers. Different aspects of this field are regulated in general terms (notspecifically for road transport) by various legal acts. For example, penalties areregulated by Code on Administrative Offences; contractual terms, complaints, disputes by Civil Code; technical requirements for passenger vehicles Law on Road Traffic;authorizations by Law on Licenses and Permits, etc. In accordance with theOrdinance of the Government of Georgia (N128, Jun 27, 2007) on Defining the List ofTechnical Regulations to be Adopted in the Field of Transport, United TransportAdministration adopted technical regulation on Carriage of Passengers and Luggageby Road.


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1.6 EMPLOYMENT AND WORKING CONDITIONS

Working and Driving Time. EU legislation (Regulation (EC) 561/2006 and

Directive 2002/15/EC) regulates issues related to organization of working time on roadtransport and driving time for drivers of certain types of vehicles. These documents setschemes of work and rest hours, exemptions from the rules based on type oftransportation and distance driven, require from drivers use of tachographs, obligetransport undertakings to ensure compliance with these requirements and establishsanctions for non-compliance. General legal act regulating work and rest hours is aLabor Code which was adopted 2006. It sets general rules of maximum working hoursper week, rest hours between shifts, etc. These provisions are of general character andapply to work and rest regimes in general. In accordance with Article 8 2 of the Law onRoad Transport the use of tachograph was required from drivers engaged ininternational carriage of goods and passengers. This article was introduced in May of

2006; strangely it was deleted by following amendments in November of 2006.According to the Ordinance of the Government of Georgia (N128, Jun 27, 2007) onDefining the List of Technical Regulations to be Adopted in the Field of Transport, theUnited Transport Administrations adopted technical regulations on Work and RestRegimes for Drivers Engaged in International Transportation and Rules for Use ofMeasurement Equipment of Monitoring Movement Parameters of Vehicles in 2008.

Admission to occupation and recognition of diplomas.The Article 8 para. 2of technical regulation on Carriage of Passengers and Luggage by Road makes directreference of compliance with Directive 96/26/EC. Recognition of diplomas, certificatesand other documents of qualification is regulated by bilateral and multilateralagreements to which Georgia is a party.

1.7 ROAD SAFETY

Roadworthiness. Technical requirements for conducting roadworthiness testset by Council Directive 96/96/EEC are reflected in number of technical regulationsadopted by United Transport Administration. Order of the Head of United TransportAdministration (N45, Jul 3, 2007) on Technical Requirements and Testing Methods forConducting Roadworthiness Test is setting content of roadworthiness test focusingparticularly on the following areas: braking system; steering; visibility; lamps andelectric equipment; axles, wheels, tires and suspension; chassis and its attachments;nuisance and exhaust emissions; vehicle identification and various items of equipment.

Order of the Head of United Transport Administration (N146, Nov 26, 2007) onIssuance and Use of Certificate of Roadworthiness Test and Compliance withTechnical and Safety Requirements, Nuisance and Exhaust Emissions for Green,Greener and Safer, Euro 3 and Euro 4 Motor Vehicles and Trailers is based onthe Resolution of the European Conference of the Ministers of Transport(CEMT/CM(2005)9/FINAL). Certificate on Roadworthiness Test is issued only in caseof compliance with requirements of Council Directive 96/96/EEC and subsequentamendments.


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Time intervals for conducting roadworthiness test is regulated by the Order ofthe Head of United Transport Administration (N36, Jun 14, 2007) on Technical Rulesfor Testing of Different Categories of Motor Vehicles. Document replicatescategorization of vehicles and intervals of testing set by applicable EU legislation.

Requirements for centers conducting roadworthiness tests are set by technicalregulation adopted by National Center for Accreditation (N3, June 20, 2007). Documentestablishes rules to be followed by management and personnel of such center, as wellas technical standards for conducting roadworthiness test in compliance withinternational and national standards.

Carriage of Dangerous Goods.Apart from general rules regulating issues related tospecific dangerous goods (chemicals, nuclear and radioactive substances)transportation of dangerous goods by road is regulated by Order of the Head of UnitedTransport Administration (N49, Apr 21, 2008) on Establishment of Rules for Carriage ofGoods by Road. It sets requirements for drivers (documentation, qualification, specialtraining, and rules of conduct) and vehicles (certification, authorization, marking,labeling, and equipment), routing, etc. Specific procedures on road checks ofdangerous goods transport as established by Council Directive 95/50/EC of Oct 6,1995 are prescribed by mentioned the technical regulation. In general, road checks fallwithin the competence of the Patrol Police of the Ministry of Internal Affairs. Fines forviolations of the rules related to transportation of dangerous goods are established byCode on Administrative Offences.

Safety Advisers. In accordance with Article 9, para 21 of the Order of the Headof United Transport Administration (N49, Apr 21, 2008) on Establishment of Rules forCarriage of Goods by Road, safety advisor on transportation of dangerous goods musthold vocational training certificate issued in accordance with Directives 96/35/EEC and

2000/18/EC. The training of safety advisers is carried out by special centers. There areno requirements for certification of such centers, they just have to use certified trainingprograms.

Medical Examination. General issues related to compulsory medicalexamination are set by Labor Code of Georgia. For implementation of the Articles 35and 54 of the Labor Code Ministry of Labor, Healthcare and Social Affairs issued anOrder dated July11, 2007 which regulates procedures for conducting compulsorymedical examination of the employees by employer. Persons directly engaged inoperation of motor vehicles or related to road safety are subject to compulsory medicalexamination. Order sets list of diseases and anomalies which are contraindicated forpersons mentioned above.

Driving Licenses. The Law of Georgia on Safety of Road Traffic dated May 28,1999 sets general principles governing issuance of driving licenses. The Order of theMinister of Internal Affairs (N1098, Aug 10, 2007) on Rules of Conferring Right to DriveMotor Vehicles and Issuance of Driving License laws down categories of drivinglicenses, minimum age, conditions for passing exams, etc. International DrivingLicense is issued in full compliance to Addendum N7 of Vienna Convention on RoadTraffic. Georgian legislation with regard to driving licenses fully corresponds to relevantEU legislation (Council Directive 91/439/EEC of Jul 29, 1991wth subsequentamendments).


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Speed Restrictions and Speed Limitation Devices. Speed restrictions aredefined by The Law of Georgia on Safety of Road Traffic dated May28, 1999. Article 29defines different speed limits in accordance with types of vehicles, roads andsettlements. There is no general requirement for speed limitation devices, except forvehicles engaged in transportation of dangerous goods (Rules for Carriage of Goods

by Road, Art. 14, para. 4).

Personal Safety. The Law of Georgia on Safety of Road Traffic dated May 28,1999 prescribes from drivers and passengers of motorbikes to wear helmets and fromdrivers and front passengers of motor vehicles to use seatbelts (Art. 20)

Drinking and Driving: Rules for determining and means of applying alcohol level ofdrivers are established by the Order of the Minister of Internal Affairs N768-161/n datedJun 13, 2006. European Commission recommendation of January 2001 sets two-foldapproach: AL of 0,5 mg/ml is generally recommended, whilst for certain categories ofdrivers (inexperienced, motorcyclists, large vehicle drivers, drivers carrying dangerousgoods) lower level of AL (0.2 mg/ml) is recommended. Contrary to the abovementionedrecommendation Order of the Minister of Internal Affairs sets unified minimum alcohollevel at 0,2 mg/ml. Code for Administrative Offences establishes quite high (ascompared to other violations on road transport) monetary sanctions (includingtemporary withdrawal of driving license) for driving drunk, aiming discouraging of suchviolations.

Statistics on Road Traffic Accidents.Article 5 of the Law of Georgia on RoadTraffic sets legal basis for state recording of parameters related to safety of road traffic,including information on road traffic accidents and bodily damage caused by suchaccidents. This Article is implemented by two orders of the Minister of Internal Affairs,setting instruction for unified reporting, functioning of centralized database and

statistical analysis of administrative (Order N 271, Mar 1, 2006) and criminal (OrderN423, Apr 28, 2005) offences. In general, statistics show that since liberalization of thefield of road transport in recent years number of road traffic accidents has significantlyincreased.

1.8 Summary

Most of the documents regulating various aspects of road transport reviewed in thisreport were adopted or amended during last 2-3 years. All of them are based on andfully or partially reflect standards set by EU legislation. This is an obvious indicationthat steps are taken to harmonize Georgian legislation with that of EU. But it should benoted that this statement applies more to technical standards for vehicles and to lesserextent to passengers and employment. In some instances, problem lies not in non-existence of specific legislation, but in enforcement of existing one. This means thatthere is a lot to be done before Georgian legislation can be considered as fullycompliant with legislation of European Union.


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Azerbaijan


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2. REPORT ON ROAD TRANSPORT. REPUBLIC OF

AZERBAIJAN

Activities on Road Transport in the Republic of Azerbaijan are regulated according to thefollowing normative-legal acts:

- Law of the Republic of Azerbaijan on Transport;

- Law of the Republic of Azerbaijan on Road Transport;

- Regulation concerning the Ministry of Transport of the Republic of Azerbaijan;(These three legal instruments are within the field of control of the Ministry ofTransport);

- Law of the Republic of Azerbaijan "on Road Traffic"

(within the field of control of the State Road Police of the Ministry of Internal Affairs); -Penal Code of the Republic of Azerbaijan

(envisages punishments in the form of penalties, deprivation of the right of driving,arrest according to the seriousness of the infringement or crime within the field ofcontrol of the State Road Police)

- Labor Code of the Ministry of Azerbaijan

(within the field of control of the Labor Inspection of the Ministry of Labor and SocialWelfare of the Republic of Azerbaijan);

- Administrative Infringement Code of the Republic of Azerbaijan

(envisages punishment of the drivers for the pollution of the environment within thefield of control of the Ministry of Ecology and the State Road Police)

- Tax Code of the Republic of Azerbaijan

(within the field of control of the Ministry of Tax and Revenues);

- Customs Code of the Republic of Azerbaijan

(within the field of control of the State Customs Committee);

- International agreements and conventions

(within the field of control of the government).


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Bilateral agreements on road transport:

1 Turkey 02.11.1992

2 Georgia 03.02.1993

3 Byelorussia 20.04.1994

4 Bulgaria 29.06.1995

5 Romania 27.03.1996

6 Uzbekistan 27.05.1996

7 Kazakhstan 16.09.1996

8 Moldova 27.11.1997

9 Ukraine 01.09.1999

10 Russia 09.01.2001

11 Latvia 10.07.2001

12 Iran 20.05.2002

13 Greece 2004

14 Netherlands 2004

15 Kyrgyzstan.

16 Tajikistan.

17 Switzerland.


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International agreements and conventions party to which is the Republic ofAzerbaijan

(Customs Convention on the International Transport of Goods under Cover of TIR

Garnets), 14.11.1975

(European Agreement concerning the Work of Crews of Vehicles engaged inInternational Road Transport) 01.07.1970(European Agreement on Main International Traffic Arteries), 15.11.1977(Convention on Road Traffic), 08.11.1968(Convention on the Contract for the International Carriage of Goods by Road),19.05.1956(Customs Convention on the Temporary Importation of Commercial Road Vehicles),18.05.1956(International Convention on the Harmonization of Frontier Control of Goods),21.10.1982

(Agreement on the International Carriage of Perishable Foodstuffs and on the SpecialEquipment to be Used for such Carriage), 01.09.1970

(Customs Convention on Containers), 02.12.1972

(European Agreement concerning the International Carriage of Dangerous Good by

Road) 30.09.1957

(Agreement concerning the Adoption of Uniform Technical Prescriptions for WheeledVehicles, Equipment and Parts which can be fitted and /or be used on WheeledVehicles and the Conditions for Reciprocal Recognition of Approvals Granted on theBasis of these Prescriptions), 20.03.1958

Motor transport in the Republic of Azerbaijan is fully privatized and is thecomposite part of the private sector of the countrys economy.

Drivers (workers) natural persons, employed on the relevant working place with theremuneration of his work on the basis of labor agreement (contract) signed individually

in writing with the employer.


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2.1 ROAD TRAFFIC

Limitation of the speed of themovement of vehicles (km/h):In the cities and settled areas 60Outside the settled areason the common motor roads

70

on the motorways 90Permit ted dimensions (m):width

2,50

height 4,00lengthdouble-axis trucks 12,00articulated s 20,00articulated s with trailers 24,00Permit ted load on axis (tons):

on single axis 10,0

on composite axis:with the distances between the axes

1,61 - 2,5 meters 9,0

1,31 - 1,6 meters 8,0

1 - 1,3 meters 7,0

up to 1 meter 6,0

Permitted Overall Mass (tons):

Maximum overall mass of the means oftransport - 36,0 tons.

Special permit shall be obtained for themovement of the trucks exceeding themaximum permitted weight parametersand dimensions.


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2.2 Transportation of dangerous goods in the republic of Azerbaijan

Transport of dangerous goods in the republic of Azerbaijan shall be carried outaccording to ADR convention. Testing prior to the transport of dangerous goods shallbe performed at the border-customs points of the republic of Azerbaijan. Testing shallbe carried out by the customs service by applying the road tax. Is it necessary to obtainthe permit of the State committee of environment control and nature managementwhen transporting the harmful factory waste. It is necessary to obtain the permit of theMinistry of the Emergency Situations and ensure the escort by the service of the StateRoad Police.

List of documents which the driver shall have when performing the internationalroad transport of goods

1. Foreign passport.

2. International document certifying the right of driving a car.

3. Registration certificate of the vehicle (shall be issued by the Road Police).

4. Visa of the country of residence.

5. Permit for carrying out road transport across the foreign territories.

6. Set of CMR commodity-transport waybills (international form) for the reloading.

7. Insurance policy (green card) for ensuring the civil responsibility of the owner of thevehicle.

8. Necessary quota of the duly signed CMR commodity-transport waybillsaccompanied by the specifications, certificates and other necessary accompanyingdocuments provided by the consignor.

9. TIR carnet.

10. Conformity certificate of the vehicle and the international transport of goods underthe conditions of TIR Convention (issued by the State Customs Committee for theperiod of two years).

11. The means of transport shall be equipped with the electronic tachograph. In case ofabsence of the tachograph on the means of transport the driver shall be required toproduce the duly run private control book (PCB) in many countries (beyond the EUcountries).


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2.3 Auto Park of the Republ ic of Azerbaijan:

Auto park of the Republic of Azerbaijan exceeded 800, 0 thousand means of transport

by the beginning of 2009, including:

- Trucks - 99, 0 thousand units .

- Buses - 29, 0 thousand units .

- Motor cars - 678,0 thousand units.

Technical checkup of the means of transport shall necessarily be carried out on arandom basis at the stationary control posts of State Road Police at the motorways.

166111 drivers have been arrested for the infringement of traffic rules in Baku during

2008.

Safety belts/children seats/helmets:

Safety belts and the children seats shall be applied by the car drivers.

Infringement of this rule by the car drivers shall be subject to penalty.

2.4 Drunk-driving in Azerbaijan

Drunk-driving in Azerbaijan is subject to penalty according to Article 151.4 ofAdministrative Code according to which drunk driving or driving under the influence ofpsychotropic substances (drugs, etc.) shall be subject to penalty of 12-25 multiple-sizeconventional financial units while the repetition of the same infringement shall besubject to the disqualification of the driver for one year.

2.5 Training

Training courses in the driving rules and operation of vehicles (the courses arefee-based).

Training courses in the driving rules and operation of vehicles are also delivered at theTraining Center of the Azerautonegliatservice Department of the Ministry of Transportof the Republic of Azerbaijan having its regional branches within the Republic.

Training courses for the preparation of drivers involved in international roadtransport (the courses are fee-based).

Training courses for the preparation of drivers involved in international transport andtransportation of dangerous goods, also of the managers in international transport ofgoods within the TIR system and organization of transportation of dangerous goods


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have been set up by the Association of International road transport of Azerbaijan(ABADA).

The follow ing main issues have been included in the training program:

- signing and completion of TIR carnet;

- actions of drivers at the customs clearance, at the border and at the customs ofdestination;

- signing the CMR waybill;

- legal regulation of administrative and customs infringements;

- work and rest time of drivers, correct application of tachograph;

- characteristics of the licensing system;

- transportation on the basis of ECMT, etc. permits;

- rules of transportation of dangerous goods according to ADR Agreement.

Training courses shall be equipped with the necessary equipment for the delivery oflectures at high level. The trainees shall take exams after the completion of courses.The trainees passing the exams successfully shall be granted international certificateenabling them to carry out the relevant international transportation of goods in the TIRsystem or international transportation of dangerous goods.

All the instructors have attended relevant courses and have international certificates.

2.6 Transit permits

Cargo Transportation

For the international road carriers for the exceeding of the set quote ,cost for the permiton departure and transit is 100 USD, for the Road Carriers of Iran -160 USD

In case of the absence of the bilateral agreement between the states on the allowanceof the capacity, for the international road carriers cost of the allowance on the

departure and transit is 150 USD; Cost of the permit on the loading of internationalmeans of transport on the territory of Azerbaijan is 100 USD, for the road Carriers ofIran -150 USD

Cost of the permit on the transportation in the third country and from the third country is 600 USD.

Cost of the permit on the departure of the empty international means of transport is 350USD.


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For the departure of the large dimension means of transport in Baku, Ganja, Sumgaitspecial permit is needed, cost of which is 25 USD;

Bus Transportation

For the International Carriers carrying out non-regular bust transportation cost of thepermit on departure and transit is 50 USD;

Road Tax

The road tax payers for the use of the road traffic of the Republic of Azerbaijan areenterprises nonresidents and natural persons-non-residents, owners of the means oftransport entering the territory of the Republic of Azerbaijan and using this territory forthe transportation of the cargo and passengers. The tax is imposed on the means oftransport of foreign countries entering the territory of Azerbaijan, according to the typesof the means of transport, the number of seats, capacity and overall weight of themeans of transport together with the load, load on the axis, the transportation ofdangerous goods, distance coverable on the territory of the Republic of Azerbaijan.

2.7 Law of the Republ ic of Azerbaijan on Road Traffic (some extracts):

Law on Road traffic determines legal basis for the adoption of the complex measuresundertaken with a view to organizing the safety and convenient movement of themeans of transport and pedestrians on the roads, protection of the human life,environment, private, municipal or state properties in the road traffic, prevention of theroad transport accidents and legal basis for the adoption of the measures for thereduction of the level of gravity thereof, also determines the rights and obligations of

the state and participants of the road traffic in this field.

Only the means of transport conforming to the unified international technicalrequirements, normative acts and standards of the safe road traffic adopted by theRepublic of Azerbaijan, and having the certificate of conformity to the above mentionedrequirements and having undergone state technical examination/inspection shall beallowed to participate in the road traffic on the territory of the Republic of Azerbaijan.

I. Training and professional development of the drivers of the means oftransport are carried out at special courses, equipped with the essentialtechnical-methodological training manuals, on the basis of relevant permitsobtained according to the rules set forth by the legislation of the Republic of

Azerbaijan. Activities of the above mentioned courses shall be regulated bythe regulation concerning the Training and professional developmentcourses of the drivers of the means of transport, adopted by the relevantauthority of the executive power of the Republic of Azerbaijan. All theeducational facilities carrying out training and professional developmentcourses of the drivers of the means of transport must be registered in therelevant authority of the executive power of the Republic of Azerbaijan.

II. Training and professional development of the drivers of the means oftransport are conducted in accordance with special program. The programs


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for the drivers of the means of transport of the relevant category areprepared and adopted by the relevant authorities of the executive power ofthe Republic of Azerbaijan on the bases of the state training standards.

III. Rules of self-training for the theoretical and practical exams on the tasks of

driving of the means of transport shall be determined by the relevantauthority of the executive power of the Republic of Azerbaijan.

Each legal entity or natural person, regardless of the form of the ownership, employingthe driver of the means of transport:

1. Shall organize the insurance of the driver from the road traffic accidents.

2. Shall organize the work of the driver in accordance with the legislation of theRepublic of Azerbaijan concerning work - rest regimes;

3. Shall carry out necessary activities to reduce level of the intensity of work and

tiredness of drivers.

II. Owners of the means of transport with more than 100 drivers create specializedmedical institutions or sanitary recovery centers, medical sanitation centers, medical-sanitary divisions, the polyclinic departments and health care institutions. Owners ofthe means of transport with less than 100 drivers for the purposes of medical careconclude agreements with the territorial medical institutions.

I. Special state and local programs are implemented for the promotion of thesafe road traffic for the purposes of the fulfillment of the state policy andreduction of the number of road traffic accidents, reduction of the losscaused by them.

II. The above mentioned programs are implemented by taking into account theeffective mutually agreed planning of territories and plots of land on thebasis of the formalization of mutually agreed balanced indicators, socialeconomic and ecological conditions of the specific regions, levels of thedevelopment of road networks, accident rate and other indicators of theunified system of the road traffic records.

I. Drivers license - this is the document certifying the persons right to drivemeans of transport.

II. The following are the types of drivers license in the Republic of Azerbaijan,deferring from each other according to the type of mechanical means oftransport:

1) For motorcycle, vehicle, tram or trolleybus:

2) Tractor and other mechanical means of transport;

I. Any person willing to obtain drivers license must:


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1) Undergo training implemented by the training plans and programs for thetraining of the drivers of the means of transport in the relevant categories;

2) Pass the theoretical examination on rules of road traffic and practical exam onthe driving skills of the means of transport;

3) Pay the payment in the amount envisaged by the legislation of the Republic ofAzerbaijan.


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Armenia


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3. REGULATIONS CONCERNING LAND TRANSPORT SAFETY

AND SECURITY IN ARMENIA

The legislation on motor transport in RA consists of Civil Code of RA, the Law onTransport, the Law on Motor Transport and other legal acts.

The situation is regulated through legal and economic relations of motor transportactivity: vehicle operation by legal entities and individuals, passengers and luggageand freight forwarding, servicing and relations concerned to transportation safety, rightsand responsibilities.

It is not applied in case of motor transport activities in extraordinary situations (e.g.earthquake) and for military transportation.

3.1 Government regulation

The authority regulating road transport in the Republic of Armenia is the Ministry ofTransport and Communication. The Ministry of Transport & Communication designsand carries out the policy of the Government in the sphere of transport &communication. The main objectives of the Ministry are: state administration in thesphere, systematization of the information, coordination of activity in the sphere oftransportation. The Ministry carries out the necessary licensing and the monitoring ofthe implementation of legal acts; and carrying out of control of motor transportoperations and licensing and insurance for the general usage of passenger motor willbe carried out on the base of licensing.

3.2 Transport inspection of the Minist ry of Transport and

Communication

The Transport inspection body was established in 2002 inside the Ministry. Theobjectives of the body are:

o The monitoring of implementation of requirements of legal acts that refer tosphere

o Making proposals for the improvement of quality of services

o The analysis, projecting and coordination of the information in the sphere oftransport

o The monitoring of implementation of requirements for licensed transport activity

o The application of administrative penalties


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3.3 Organization of freight forwarding by motor transport

Freight forwarding organization should exclude freight or substances atmosphericemissions during transportation.

The carrier is obliged to ensure state registration, faultless vehicles, sanitary norms andconforming vehicles for transportation, motor drivers skills, their work and rest regimemaintenance.

In case of freight forwarding the freight supplier has no right to present freights ofvarious characteristics if their joint forwarding can bring to cargo damage. It isprohibited to forward if the freight is not foreseen by the application form or the weightis exceeding acceptable load or characteristics.

3.4 Safety of Transportation by Motor Transport

1. Vehicles weight (total weight and axle weight) and overall dimensions in process ofcarrying out should conform to transportation route of automobile road factualtechnical order and not exceed located in the rout bridges, overpasses, othermanufactured constructions and maximum of overall dimensions. Transportationnot conforming to requirements as well as transportation threatening safety offorwarding in routs is prohibited.

2. Within transportation process the vehicles should not exceed the overall speedforeseen by the schedule or speed conditioned by the road, if the law does not

require other terms.

3. Organization of children and schoolchildren tourist and large-scale transpiration bythe three or more vehicles is carried out through notification of state transportinspection bodies, accompanied by the transport column of special vehicles, in thevehicles the children are accompanied by adults (one accompanying person for15children) and under the following terms: movement of buses should be carried outduring the calendar day.

3.5 Requirements to vehicles drivers

Continual experience within the last 2 years is needed for tracks with a trailer or asemi-trailer for cargos or towing vehicles of the basic class within the last 2 years,but for the mountain routs it is continual driving experience within the last 3 years.

Passenger for transportation by taxi motor cars B class and minimum one year ofdriving experience.

For drivers of minibus regular forwarding minimum 2 years driving experience of Dclass within the last 2 years. Within the day the maximum duration of driving


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including work outside of regular hours should not exceed 9 hours, within the week 48 hours. Drivers everyday rest hours should not be less than 10 hours and withpermission of competent bodies - 2 days of the week nor less than 8 hours. It isprohibited to drive vehicles without a break more than 4 hours.

3.6 Freight Forwarding

Mass of the forwarding freight and axle weight distribution should not exceedestablished capacities foreseen by the factory producing given vehicles. Beforeinitiating a movement and during the traffic a driver should check the freight state,distribution and reinforcement: from falling down and avoiding of making barriers fortraffic.

Freight forwarding is prohibited if:

1) limits visual field of a driver

2) makes difficult driving of vehicles and weakens stability

3) closes external light devices and light reflectors, vehicle identification numbers oridentification marks as well as makes difficult understanding signals by hands

4) significant noise is made, raising dust or contaminates highways.

3.7 Traffic Speed

A driver should drive vehicles at the speed not exceeding established speedconsidering traffic density and vehicles and freight weight and peculiarities, highwayand meteorological conditions, in particular the situation with highways coverage anddriving visibility.

The driver should select such speed which will allow ensuring requirements foradequately driving of vehicles.

Traffic of vehicles in populated areas allows nor more than 60km/hour but in otherareas which enter and exit are marked with residential area and residential area

end signs as well as in the courtyard at the speed of 20km/hour.


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Traffic out o f populated areas allows:

1) At the speed of 90km/hour - for motor cars and for trucks with the mass of 3,5 tonesmaximum (at the speed nor more than 110 km/hour on highways).

2) At the speed not more than 90km/hour for interurban buses, minibuses andmotorcycles on all roads.

3) At the speed of 70 km/hour for the all rest buses motorcars with trailers and fortrucks with the acceptable mass of 3,5 tones maximum (at the speed nor more than90 km/hour on highways).

In the populated area and out of the populated area in separate sectors of the road withapplication of sign Limit of maximum speed it can be allowed to drive at themaximum established high speed.

It is allowed to drive

1) At the speed of 60km/hour for the trucks equipped with truck body for transportationof people and vehicles for transportation of organized groups of children

2) At the speed not more than 50 km/hour for mechanical towing vehicles

A driver is prohibited

1) To exceed the speed established for the given vehicle

2) To exceed the speed foreseen by the identification sign placed on vehicle SpeedLimit

3) To exceed established speed while transportation of cargos of large parameters,dangerous or heavyweight

4) To drive at a low speed without necessity making obstacles for other vehicles.

5) To brake sharply if it is not needed for prevention of road/traffic accident.

3.8 Main Responsibi lit ies of Vehicles Owners and Drivers

1. Owners of vehicles are obliged to ensure technical order of vehicles in accordancewith vehicles operation acceptable terms and disorders making barriers foroperation and the list of conditions:

2. Drivers of vehicles are obliged to check before driving :

1) Facts of vehicles inspection or facts regarding absence of illegal re-equipment


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2) Brake system, steering, lights and back light (during the dark time of the day,under insufficient visibility) or drivers windscreen wipers (while rain or snow),trailer facility (within articulated lorry ) good condition as well as conformity ofremaining height of tires protecting perforated coat to established norms. Thespecified requirement is applied to drivers of vehicles as well as during the

traffic.

upon a requirement of the policy:

In cases established by the law not to make barriers for a policeman toinspect a vehicle or a cargo in his/her and citizens presence.

3) While drunk driving in case of sufficient grounds, one is to be examined fordefinition of soberness state.

3.9 Responsibi lities on assurance of traffic safety of officials fromvehicles operation organizations

In organizations carrying out operation of vehicles an official person appointed by themanager of an organization or an organization manager is responsible for technicalcondition of vehicles.

1. Persons responsible for vehicles operation are obliged in accordance with theestablished law with the aim of traffic safety assurance

to maintain drivers work and rest schedule

to ensure traffic safety requirements vehicles technical condition conformity andprohibit operation of vehicles which are out of order.

2. It is prohibited for vehicles technical condition and officials responsible for operation

let in route vehicles with such technical disorders in case of which its operationis prohibited or which are re-equipped without appropriate permission, notregistered according to the order established by the legislation, did not passstate maintenance inspection.

Allow drunk driving as well as persons without driving license of appropriateclass or people without regular medical screening as per the established order.

Let in route vehicles without documents proving its technical condition anddrivers health state.


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3.10 By the decision of the Government of RA of June 2007 N955-N the

list of failures and conditions prohibiting vehicles operation is

regulated.

3.10.1 Failures and conditions of vehic les braking system

1) While testing on road the norms established by the standard of efficiency of workingbraking system are not maintained.

2) The sealing of braking hydraulic drive mechanism is broken.

3) The monometer of pneumatic or hydra pneumatic braking drive mechanism is not

working

4) Braking system of stop on the slope does not ensure fixed state

3.10.2 Failures and condi tions of the steering system of the vehicles

1) The summary play of the steering system exceeds the indices established bythe standard

2) Shifts not foreseen by the structure of compound parts and joints are availableor units are not strengthened in proper way, fixing facility of the steeringcolumn position is out of order.

3) Steering booster foreseen by the construction is our order or missing orsteering damper of motorcycles.

1. Failures and conditions of external light devices of vehicles

1) Number, type, color, dislocation and working regime of external light devices donot conform to requirements of vehicles construction (it is allowed to installexternal light devices of vehicle of other models and types on vehicles whichare not produced anymore).

2) Fixing of light does not conform to the standard requirements

3) External light devices and reflectors do not work in established regime or aredirty

4) Headlamp lens or lamps are missing or lamps or headlamp lenses are used inthe way not foreseen for the given light device.


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5) Installation, types of hardware of blinking beacon light and visibility of lightsignal do not conform to requirements of the standard.

3.10.3 Failures and conditions of wheels and t ires:

1) remaining height of tires protecting perforated coat is not conforming to thenorm

Minimum two fire extinguishers should be in the bus, one is in a driver cab the other isin the passenger saloon and in other vehicles in accessible places.

The list of mandatory medicines and medicine accessories of first aid kit is approved bythe Minister of Health of the Republic of Armenia.

3.11 Other legal acts

By the Government decision of October 2008 N 1175-A the facilitation of providinglicense to drivers of lorries who are citizens of BSEC member countries.

By the Ministry of Health of RA decision of December 2005 N 1214-N theprocedures of checking the sobriety of the driver are established.

By the Government decision of April 2006 N 581-N the regulation of periodicmedical control for the drivers and driver candidates. The list of sickness, in whichcases driving a vehicle is prohibited.

3.12 Articles from Labor Code of RA

Article 115. In companies which provide transportation services, in cases when thegeneral vocation day is a working day, another vocation day will be established bythe Government of RA.

Article 244. The employer must provide with normal working conditions foremployees making possible their normal service providing (operational status ofmechanism & equipment, providing with technical documentation in time, etc)

Article 248. The organization of safe work.

Article 249. The list of professions under permanent medical check is provided bythe Government decision (1907-N, December 2003) (i.e. dump track)

3.12.1 Law on Transport in RA (adopted in 1998) includes:

The management system of transport


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The main basics of transport activity

The safety and responsibility during transportation

3.12.2 The law on transport inspection (adopted in 2006) includes:

The organization of transport inspections

The rights and responsibilities of transportation participants and transportinspectors

3.12.3 The law of the RA on Motor Transport (Adopted December 2006)

It regulates legal and economic relations of motor transport activity

3.13 Conventions ratified by the Government of Armenia (source: ILOLEX

15 May, 2009)

3.13.1 The conventions that refer to t ransportation and safety issues are

the following:

o C18 Workmens compensation

o C81 Labour Inspection convention

o C95 Protection of Wages Convention

o C132 Holidays with Pay Convention

o C151 Labour Relations

o C154 Collective Bargaining Convention


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3.13.2 Conventions ratif ied by the Government of RA and 3 agreements

between the Government of RA and Georgia are presented below in

the sphere of transportation:

Conventions:

1. Customs Convention on Containers, of 2 December 1972

2. Convention on the Contract for the International Carriage of Goods by Road (CMR),

of 19 May 1956

3. Protocol to the Convention on the Contract for the International Carriage of Goods

by Road (CMR), of 5 July 1978

4. European Agreement concerning the Work of Crews of Vehicles engaged in

International Road Transport (AETR), of 1 July, 1970

5. Customs Convention on the Temporary Importation of Private Road Vehicles, signed

in New York on 4 June 1954

6. European Agreement on Main International Traffic Arteries (AGR), of 15 November

1975

7. Convention on Road Signs and Signals of 8 November 1968

8. Convention on International Railroad Transportation (COTIF), of 9 May 1980

9. International Convention to Facilitate the Crossing of Frontiers for Passengers and

Baggage carried by Rail, of 10 January 1952

International Convention to Facilitate the Crossing of Frontiers for Goods Carried by

Rail, of 10 January 1952


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Agreements:

o Agreement between the Government of RA and Georgia about the main principlesof transit transportation, which ensures the transit transportation of passengers and

freight in time and in safe conditions.

o Agreement between the Government of RA and Georgia about mutual recognitionof VISAs.

o Agreement between the Customs Department of RA & Customs Committee ofGeorgia about regulations of transit freight custom forms.

Documents

Annex 6 - TRACECA - Legal Analysis - Caucasus v2