Republic of Armenia Law on Transport Adopted by the National Assembly 3 February, 1998 The present Law defines the legal, economic and organizational basic provisions for the Republic of Armenia (RA) transport activities, authorities and responsibilities of the participants of those activities, and provides protection of their legal interests. Chapter 1 General Provisions Article 1. Main concepts used in the Law. Transport – social-economic component of the country, that has the following types vehicle, railway, electric-transport, pipeline, water, metro, air. Transport activity – activity connected with technical means implementing transportation, use of communications, as well as providing transportation services. Transport system – a technological complex system of transport means and roads independent of the type of ownership. Transport system includes airports, funicular railway, railway and metro stations, vehicle stations, ship ports, bridges, tunnels, repair and other auxiliary objects, which are necessary for loading and unloading works, passenger services, exploitation of transport means and communication roads. Transport service – paid passenger transportation, cargo transportation, if the cargo does not belong to the owner or to the user of the transport means. Transporter – legal entity or an individual entrepreneur, who provides transporting of a passenger, load, baggage and post services, carries out delivery activity. Orderer – (load recipient, load deliverer, passenger) – legal or physical entity, who uses transport in accordance with the agreement signed with the transporter. Article 2. Legislation on transport. 1. Relationships related to transport activity are regulated by the RA Constitution, by the present Law, by other laws and legal acts. 2. Terms of transport means exploitation, norms of traffic safety, work protection, fire safety and sanitation norms are defined by the state government body authorized by the Government of Armenia (GoA). Article 3. Transport territory. 1. Transport territory is considered those lands, which are used for: a. organizing transport activity; b. construction, maintenance and exploitation of roads, communications; 2. Use of transport territory is regulated by the present Law, also by Land and Civil legislation of the RA. Chapter 2. System of Transport Management Article 4. State regulation of the transport system. 1. State regulation of transport is accomplished by the following ways - legal protection, licensing, taxation, financing, formulation of tariffs, contribution, supervision of transport legislation enforcement. 2. State bodies are not entitled to interfere into economic activities of subjects accomplishing transport activity, to use their exploitation staff, with the exception of the cases envisaged by the Law. Article 5. State management of the transport system. 1. State management of the transport system is carried out by the state body authorized by the GoA. 2. The state authorized body of the transport system has the following tasks: a. interstate collaboration in the transport sphere; b. independent of type of ownership – work out of technical norms and standards of transport exploitation; c. work out of state projects and procedures for all types of transport; d. work out and implementation of technical policy, teaching and raising the staff’s qualification; e. coordination, analysis and forecast of information; f. organizing integrate system of passenger transportation; g. work out and endorsement of normative and technical normative acts regulating activities of all types of transport as defined by the Law; h. supervision of transport sphere normative legal acts enforcement within the framework of authorities defined by legislation – coordination of activities with regional administration and local self-governed administration. Article 6. Authorities of local self-governed administration sphere. in the transport Authorities of the local self-governed administration in the transport sphere are defined by the RA Law on Local Self-Governance. Article 7. Licensing of transport activities. 1. Separate types of transport activities, the list and licensing norm of which are defined by the GoA, are accomplished based on the license. 2. Licensing and supervision related to that activity are accomplished by the state authorized body of the transport sector. Chapter 3 Basic Provisions of Transport Activities Article 8. Basics of economic activities. 1. Losses of the economic subjects carrying out passenger transportation by lower prices, free of charge, by tariffs defined by the GoA or local self-governed administration is correspondingly reimbursed through the state and community budgets. 2. Construction of the communication roads, stations, airports, ship ports, bridges, tunnels, passenger platforms and other constructions are implemented through the state and community budgets, targeted funds and voluntary payments of legal and physical entities. Article 9. Passengers, baggage, cargo transporting and cargo delivery. 1. Passengers, cargo, baggage transporting and cargo delivery is done on the basis of transportation agreements. 2. Terms of passengers, loads, baggage transporting and cargo delivery, rights and responsibilities of the counterparts are defined by the present Law, other laws and legal acts, transportation conditions. 3. In accordance with the passengers transporting agreement, the transporter is responsible for transporting the passenger and baggage to the destination point, and the passenger is obliged to pay the travel and baggage charge. In cases envisaged by the Law, the ticket and baggage bill are attached to the agreement. 4. In accordance to the baggage transporting agreement, the transporter is responsible for transporting the baggage from the baggage deliverer to the destination point and for handing it to the authorized person, and the deliverer is responsible for paying the transportation charge defined by the agreement, or tariffs. In cases envisaged by the Law, the cargo certificate and documents necessary for the cargo delivery are attached to the cargo transporting agreement. 5. In accordance with the charter transportation agreement, one of the counterparts provides the content of the transport means or part of it to the other counterpart. 6. In case of necessity of regular transporting, the counterparts may conclude an agreement on organizing transporting, according to which the transporter is obliged to adopt regularly, and the deliverer - to submit regularly the defined quantity of cargo to be transported. The permanent agreement on organizing regular transporting includes the volume of transporting, the periodicy, transportation quality, other conditions of transport means allocation and cargo transportation, which are not envisaged by the Law and are not in a contradiction with it. Article 10. Direct mixed transportation. Direct mixed transportation may be made by several transport means – by one integrate document of transporting. Terms of transporting are defined by the agreements concluded between different transporters. Article 11. Provision of transport means, work out of cargo. 1. The transporter is obliged, in accordance with the agreement, to provide the deliverer with a well-functioning transport means, which must satisfy the mentioned cargo-transporting requirements. The deliverer is entitled to reject the provided transport means, if it does not comply with the cargo transporting requirements. 2. Working of the load is accomplished by the transporter or deliverer – keeping to the defined norm of the agreement, deadline, laws and other legal acts’ requirements. 3. Transporter works out the cargo on the deliverer’s account. Article 12. Transporting charge. 1. For passengers, baggage, cargo, and mail transporting a charge defined by the agreement is levied, if nothing else is envisaged by the Law. 2. To the cargo owner’s request, payment for services and works is made by tariffs or by agreement between the counterparts. 3. If the cargo owner does not make the payment for transportation, the transporter is entitled to keep the cargo to be transported – as a transportation charge and for covering other transportation expenses, if those are envisaged by the agreement. 4. Supplementary expenses caused by the failure of transportation of passengers, load, baggage and mail to the destination point are covered on the transporter’s account. Article 13. Deadlines for transporting passengers, loads, baggage and mail. Transporter is obliged to take the passengers, loads, baggage and mail to the destination point within the deadline envisaged by the agreement. In case the deadlines are not mentioned in the agreement, it must be accomplished in the shortest possible period, but not later than the latest deadline defined by the route schedule. Article 14. Cargo deliverer’s authority on cargo. 1. The cargo deliverer, or a person authorized by him, may request from the transporter to stop the transporting or to return the cargo. In that case, the transporter is entitled to request reimbursement for his actual expenses. 2. The cargo deliverer loses authorities after the cargo is delivered to the destination point - as soon as the cargo is handed to the recipient. Article 15. Passengers’ rights. 1. Book ticket for any route and for any type of transport, if those are open for transportation. 2. Occupy the seats in accordance with the ticket. 3. If there is a document certifying the age, the passenger is allowed to transport one child below 7 years of age free of charge, without booking separate seats. 4. Carry defined size of hand luggage with him during the travel. 5. Due to defined tariffs, transport the luggage. 6. Extend the ticket deadline. 7. Return the ticket before starting the transporting, and be reimbursed for the ticket in any ticket booth of the transporter – by paying all the expenses connected with the ticket registration. Chapter 4. Safety and Responsibility During the Transportation Article 16. Requirements for transport means. 1. Transport means must have a certificate and must comply with safety, medicalsanitary requirements, norms of work protection, international and state standards for environmental protection. 2. Exploitation of non-registered transport means is prohibited. 3. Certification requirements are defined by the Law and other legal acts. 4. Certification is implemented by the state authorized transport body. Article 17. The right for driving transport means. 1. The right for driving transport means is granted to those people who have corresponding qualification, have passed medical examination, and have a confirmed document of a defined sample. 2. Requirements for qualification of driving transport means are defined by the GoA. 3. Standards for evaluating the health condition of the crew is defined in accordance with regulations defined by the state authorized body of healthcare. Article 18. Transporter’s responsibility. 1. In case of failure to accomplish commitments related to transportation, the counterparts bear the responsibility by the present Law, other laws and legal acts as well as by the agreements concluded between the counterparts. Agreements concluded between the passengers, deliverer and transporter, that put limitations to their rights and commitments defined by the Law, are nothing. 2. In accordance with the agreement on passenger transportation, the transporter is obliged to provide passengers' safety, to create conditions necessary for services, and, in case there is a luggage, to provide timely transportation and protection of it. 3. If the transporter refuses to continue the transporting, then he is obliged to transport the passenger to the destination point on his own account or compensate the loss caused to the passenger for the violation of the contract. 4. The transporter is obliged to take the passenger, luggage, load or mail to the destination point within a certain period of time, which is regulated by the law on the certain type of transport means or transportation canons. If the deadline is not clarified by the law, then the counterparts are entitled to identify it in the contract. 5. Transporter guarantees safety of a passenger, luggage, load and mail starting from the moment of accepting them for transporting up to taking them to the destination point. 6. Transporter is responsible for the loss of load, luggage and mail, and in case of damage, he is reimbursed for it if it is caused by his fault, in accordance with the canons coming from the law on the given type of transport and transportation contract, but not more than amount defined by the international norms. 7. Transporter with his property is responsible for damage caused to the passenger during the transporting. Norm of a compensation for damage is defined by the law, agreements on transporting and insurance. Article 19. Transporter’s responsibility for failure to provide transport means and deliverer’s responsibility for failure to use provided transport means. 1. According to the request envisaged by the agreement, in case of failure to provide transport means, to submit cargo, to use provided transport means or any other reason, the transport service provider and deliverer is responsible in accordance with the regulation defined by the RA legislation and agreement. 2. Transporter and deliverer are exempt of responsibility for failure to provide transport means or to use provided transport means, if those were arisen: a. as a consequence of force major circumstances; b. other cases defined by the Law. Article 20. Transporter’s responsibility for delay of route (transporting). 1. Transporter is responsible for the delay of the route, as well as for the delay of delivery to the destination point, if the delay has taken place by the transporter’s fault, and is not proved, that the delay of the route or late arrival was caused by force-major circumstances, or by preventing danger threatening the passengers’ lives and health, or else by other circumstances making the transporting impossible. 2. If the orderer refuses to get the transport service for the reason of the route delay, then the transporter is obliged to reimburse the full transport charge. 3. If the route is delayed for a long period, which brings a necessity for a night stay, then the transporter is obliged to provide a decent asylum and food. 4. To the request of the orderer he/she must be granted a formal document or some note made on his ticket regarding the delay or the change of the route. Article 21. Pre-requirements and requests. 1. Before submission of requests, the counterparts may submit pre-request as defined by the Law. 2. Deadlines for submission of pre-requests of cargo transportation are defined by the Law. 3. Provisions of the present Law are not spread over the requirements related to passengers and luggage transporting. Article 22. Transporter’s responsibility for damage caused passengers’ health or death. In case of damage caused to passenger’s health or his/her death, the transporter is responsible as defined by the corresponding RA legislation. Article 23. Safety of transport objects and cargo. 1. To provide safety of transport objects and cargo transportation, to take measures against fire in transport, and to remove the consequences of fires and accidents, a special security service is created under the state transport body. 2. The special security service must have objects and cargo preservation, anti-fire special resources, usage of which is defined by the RA legislation. 3. The legislation on special security service, uniform and sign samples are defined by the GoA. Article 24. Provision of environmental and security norms in transport. 1. Transporters are obliged to secure the citizens’ (people’s) life and health, to provide security of air-flights, ship-navigation, and road traffic, as well as the environmental protection. 2. Railway stations, airports, vehicle and railway transport, as well as water routs, are considered as the most dangerous zones. In such zones the regulation of works is defined by the GoA. Failure to keep the mentioned regulation causes responsibility defined by the Law. 3. Norm of transporting explosive, flammable, radioactive, toxic and other dangerous cargo is endorsed by the GoA. Transporter of explosive, flammable, radioactive, toxic and other dangerous cargo is obliged to provide the safety of transporting on the orderer’s account - to prevent accidential conditions during the transporting, and, in case of accidents, to remove the consequences, if there is no other regulation defined by the RA legislation. 4. Transport means, transport route, as well as technical means providing transport activities, must be in compliance with requirements of security, operation and environmental protection. 5. The transporter is obliged to take all necessary measures for protection of environment. The transporter is responsible for the damage caused to environment as defined by the Law. 6. It is prohibited to build transport objects in territories closed to mines of natural resources. In exclusive cases, the GoA may grant the permission for it. Article 25. Transport insurance. 1. In accordance with an agreement on transport insurance, the insuree is obliged to pay the insurance fee, and the insurer is obliged to pay the insurance reimbursement to the insuree or to the person on behalf of whom the contract has been signed, as defined by the contract. 2. Insurance conditions are defined by the law and the insurance contract. Article 26. Insurance of passengers and luggage. 1. In cases of air, railway, water and interstate transportation, passengers are liable to have mandatory insurance, as defined by the Law. 2. Insurance of interstate transportation is accomplished in accordance with the RA international agreements. Article 27. Voluntary insurance of cargo. Voluntary insurance of cargo is defined by the agreement between the counterparts, which must not be in a contradiction with the RA legislation on insurance. Chapter 5. Conclusive Provisions Article 28. Supervision of enforcement of transport legislation. 1. Supervision of the legislation requirements on transport enforcement by participants on transport activities is implemented by the state transport body, in collaboration with other state authorized bodies. 2. Examination of transport means may be conducted only in cases and according to regulations defined by the RA laws. Article 29. International Agreements. If other regulations are defined by the RA international agreements, as opposed to the present Law, then the regulations of the agreements come into force. Acting RA President, RA PM Robert Kocharian Yerevan March 7, 1998