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LAWS
Regulations High Way Transport Law
Law Number: 4925 Date of accepted: 10.07.2003 Date of official newpaper and number: 19.07.2003-- 25173
FIRST PART OUTSET RULES
FIRST SECTION Aim Suspect and Definitions
Aim BASE 1- This Law aims regulating the highway transportations according to economy of country providing order and sate during the transport determining the rules of the transporter agency and the commission agent of transportation affairs and transport warehouse and cargo managements etc. Moreover it determines people's rights, responsibility and quality who work on transportation affairs. Finally, it provides servicing as a complementory for each other to highway transportations and other transport systems by using available opportunities more usefully.
Subject BASE 2 - This law covers transportation of passenger and goods which are carried with motor vehicles on the highway opened to the public, transporters, transportation agency, commission of transportation, transport warehouse and cargo managements, transportation staff, every king of tools and material and etc But the law doesn’t include transportation with personal automobile and their trailer,department with general and supplementary budged, private province managements municipalities, universities and vehicle of public economic afforts. The arrangement of inside the city borden transportation and intercity transportation about 100 km can me handed over to gavesnorship and transportations inside the town borden can be handed over to town municiplates according to the law which will be arranged with basis of regulation. During the international treaty, war, martial law, exraordinary situation and natural disaster, decisions are secret.
Definitions BASE 3- This law states as; Ministry : Ministry of Transportation Transportation Affairs : Transportation, agency commission of transportation, transport warehouse and cargo management. Manager of Transportation Affairs : Transporter helping transportation affairs agency commission of transportation affairs, transport warehouse and manager of cargo. Responsibility insurance : Obligatory highway transportation and financial responsibilty (Related to 18th base)
Transportation : From handing over the passenger or good to arrival place. Transporter : He has transporter cerficate and underlakes the transportation responsibility in return some wage. Borden : Except for human every kind of object alive or lifeless Departure place : A place where passengers get on or goods are handed over the vehicle. Arrival Place : A place where passengers or goods are wanted to take away. It is determined on the transportation document. Sender : He hands over the burden the transporter determines the recevier and sings the transportation receipt. Receiver : He who gets the burden and it is determined in sending document, transportation documents and transportation reciver. Agency : He acts as an intermediatery and make contract for them without the capacity like comercial president and agent, salesman or employee by depending on a specific agreement in a specific place or region permanently and related to one or more than one transporter.
Commission of Transportation Affairs : He carries the burden in return some money for his name and a client.
Transport Warehouse : It is a place where the burden is handed over from one or more than one sender and it is burdened, unloaded, stored, stowed, transferred and handed over there.
Manager Of Transport Warehouse : He has the right of using an independent office, he conducts the affairs like burdening, loading, storing, stowing, transferring and handing over and he makes transportation ownself or makes somebody transport it.
Cargo : It is the burden which is generally in the small size package container, box or coffer.
Cargo Management : He has the right of using an independent office, he conducts the affairs like burdening, loading, storing, stowing, transferring and handing over and he makes transportation own or makes somebody transport it.
Passengers : Passengers who are people getting into the vehicle except for driver or official.
Dangereous burden : Burden, which is accepted as dangereous, will be regulated according to this law.
Transportation in pieces : One or more than one sender send their burdens into the same vehicle in this kind of transportation.
Passenger Ticket : It is a document whicle includes transportation of passenger and situations and canditions suggesting in regulation and has to be given to passenger.
Intercity Transportation : It starts from anywhere in any city or settlement and finishes in anywhere another city or settlement.
International Transportation : It states the transportation which is made by coming from Türkiye or to Türkiye by highway, by transit highway on Türkiye, by sea, by railway and by airways to Türkiye and is sent to the third countries.
Regular Expedition : It states the transportation whicle which is made on a spefic route between the specific setlement and a specific time and price list.
Casual Expedition : The expedition at at which the vehicle is empy while it departs but it is full in return or the vehicle is full while it departs but it is empty in return is conducted with the same vehicle and passenger group throughout it.
Shuttle Expedition : The expedition is conducted with more than one departure- arrival expeditions from the same departure and arrival place by the regulated passenger group.
SECOND SECTION General rules in Transportation. General Rule
BASE 4 : Transportations are conducted in a free competition surrounding by becoming economic, quick secure and the least effect for environment and public.
Obligation of Taking competence document and Transportation service.
BASE 5 : The competence has to be taken to be able to conduct transportation agency commission of transportation, transport warehouse and cargo management from the ministry.
In order to be able to take the competence document of transportation agency commission of transportation, transport warehouse and cargo management, managers should have professional capacity. The procedure and basis which are related to the base determine with regulations. The decision of foreign capital encouragement law are secret dated with 18.01.1954 and numbered 6224.
A vehicle certificate which is except for competence certificate shows the number and quatity of the vehicles to be used in the transportation and a vehicle card which is recorded on the vehicle certificate and regulated for every vehicle certificate and regulated for every vehicle to be avaible in the vehicle. Both of the them should be given to transporter.
The ministry can bring new regulations and restrictions while giving competence document because of manager of transportation affair and its number, passenger and goods capacity situation of vehicle security and like these.
Vehicles carrying dangereous burden and transporters have to get permission determined in the first paragraph by depending information and documents which show whether the burden is suitable or not.
Transporters can't abstain from transportation without any acceptable cause or obligatory situation and they always have to provide for everbody profiting by transportation service. Transportation can’t be prevented by other transporter or the third person.
Responsibility of Transporter
BASE 6 : Passenger and burden transportation are conducted according to law and contract between transporter and passeger and sender. The passenger transportation can't be performed whithout ticket or contract and burden transportation can't be performed without vouches. Transporter is responsible as a joint quaranteer for agent's procedur related to this law and made as an agency. Transporter is responsible passenger and burden for being transported safely. Also passenger and sender have to conform to the precautions taken by transporter to provide safe. Transporter has to conform to regulation decicions to be put into effect in order to protect environmental pollution and human health.
Obligation of Transporter
BASE 7 : Transporter has to take precautions to provide a safe healthy and comfortable travel and he has to transport passenger and burden untill the place. Transporter has to be sensible about sending to service a suitable vehicle and qualificd driver and officer about checking whether the driver has licence or not about preventing unsuitable vehicle means of technically from the trafic about providing enough driver about preventing the vehicle which hasn’t vehicle card and responsibility insurance.
Transporter has to finish the transportation by follawing anoher route, drop the passenger wherewer he wants or drop back the passenger and burden to departing place in the unexpected reasons like substructure, management, traffic of highway, meteorological situations, natural disaster, breakdown and accident and he reasons which are unexpected and prevent going on from transportation, cause a obligatory waiting or a waiting extra time more than necessary.
Transporters can't demand any extra payment ar reguest and all of the rights of passenger and owner of the burden are secret in like these situations. It is carried out for burden the decisions which is in the transport voucher.
Transporter have to tearn their drivers point of fault from police station two times in two years and take the precautions about educations and inner supervision for faultier drivers.
Responsibility of Sender BASE 8 : Sender has to infrom the transporter about arrival place, kind, amount, quality of burden and other important information correctly and completely. Every kind of responsibility arising from false and inadequate information belongs to sender. Transporter gets the burden controlled in front of officer in any doubtful time.
Responsibility of Agency commission of Transportation Affairs Transport warehouse and cargo Management.
BASE 9 : Agency and commission of transportation affairs are responsible for their affairs and activity making with their name as joint guaranteer with transporter. Transport warehouse and cargo management are responsible for every kind of damage of burden protection and transportation of burden providing security and regularity protection of enviroment pollution and protection of human health from departure place to arrival place of burden.
Forbidden of Transportation BASE 10 : People, taking competence document of agency and comission of transportation affairs can't make transportation or can't get transportation made without taking competence documents by his name or account. In order to be able to get transportation made for their name, commissions of transportation affairs have to carry out the transportation for a client. It can't be commissioned for passenger transportation.
List of Price and Time
BASE 11 : Price list of transportation warehouse cargo, management transportation of passenger and burden are prepared by owner at competence document and declared to The Ministry. It is an obligation conforming price list and hanging on it in office, terminal and ticked window and keeping it in vehicles. Price list like transporting passengers and goods; burdening, unloading, storing and transferring, are determined by the Ministry if the price list damage country economy or public interest and if competition goes bad or there is an excessive price system. Price list are prepared betwen departure and arrival place and also for going and returning in the same way. Different price list is not determined. Transportation of passenger and goods depend on timetable. Timetables, preparing by transporter on condition determining its validity time, are practiced after being approved by the Ministry. Transporters have to keep to the timetable and conform it and also they have to visibly hang it on office, terminal and ticket windows vis.
Principles of free and sale are regulated by management.
SECOND PART International Transportation FIRST SECTION
The criterion of International Transportation and Transportation Competence The cirterion of International Transportation
BASE 12 : International passenger and burden transportation includes; a) Transportation coming to Turkey by and entering any customs by highway or railway or coming to any seaport of Turkey by seaway. b) Transportation coming to Turkey by railway seaway and airway and in the arrival place sent to third countries by highway vehicles. c) Transportation sent to other countries by highway vehiclesfrom Turkey, form Turkey. d) Transportation sent to Turkey by highway vehicles from other countries.
Transportation Competence
BASE 13 : Transportations of the (a) article of 12. base can be transported by vehicles with foreign number plate competent or permitted vehicles by the ministry or selfvehicle of the transportation according to international duo ar many sides highway agreements. Transportations of the (b) article are transported by transporter having competence documents. Transportation competence can be given to foreign number plate by Council of Minister on the aduice of the Ministry. Vehicles, given transportation competence at the upper paragraph their routes surh as which countries and its customs, seapart airpart or railway station are determined by the Ministry Transportation of the (c) and (d) article of 12. base can be transported by transporter’s vehicle owning of the international competence document of transportation and permitted vehicles according to duo or transportation highway agreements or a lien transporter’s vehicles specially permitted by the Ministry. Vehicles with foreign number plate can't transport between two places into borders of Turkey.
SECON SECTION Prohibitions, Regulation of Transportations, Transportation Fees
Prohibitions BASE 14 : Except for the permission of manager, passenger and burden can't be transported, transferred , stored and the passenger can't get on another vehicle by passing customs in contrast to the laws and agreements between transporter passenger and sender.
Regulation Transportations BASE 15 : The quota system can be practiced in order not to prevent intercity transportation and to regulate and accelerate international transportation made on Turkey when it is necessary being complementary about physical border of infrastructure to determine a route on the transit transportation to Turkey or on Turkey with the help of regulations. Vehicles which will be used in transportation by countries not having highway transportation agreement are permitted by the ministry.
Transition Wages BASE 16 : In order to contribute highway maintenance with protection and management of highway and transportation expense, transportation fees are taken from foreign number place. Like wage of bridge tunnel and motorway wage taken from using infrastructure of highway and services wages making for burden and vehicles aren’t contained to this transition wages. The ministry is competent about determining increasing or removing the transition wages. International agreements decisions, which are signed by our country, is secret.
THIRD PART Responsibility and Insurance
FIRST SECTION Insurance in passenger transportation, Insurence Obligation Price List of Insurance.
Responsibility BASE 17 : International and intercity passenger transporters are responsible for death injure or damage of burden because of any accident during from the departure place to arrival place travel or a break for rest.
Obligatory financial responsibility insurance of highway transportation. BASE 18 : Transporters have to insure passenger againts possible injuries because of responsibilitres born from 17. base. If it is necessary according toth Ministry, damages which happen foreing countries and are determined by the Ministry, can’t be ensured. If Transporter, who has to arrenge financial responsibilirty insurance of highway transportation, proves that an inevitabel reoson or ownr of the right or a third caused the accident and the accident happens without his or other responsible people’s faults and without any trouble of the vehicle, he can escape from responsibilty. If transporter who can't escape from resposibility proves fault of victim compensation can be reduced according to situation and condition .
Basic conditions of insurance about responsibility insurance are approved by undersecretary of the Ministry. Instructions of responsibility insurance and price are determined by undersecretary of the ministry and they are published in formal newspaper. The Ministry is competent for releasing price of the insurance.
Financial responsibility insurance of highway transportation which is stated in this law, is made by company owner of motorized vehicles and obligatory financial responsibility insurance licence in Turkey.
Abundance of Right Owner and Obligatory Financial Responsibility Insurance
BASE 19 : If compensation of right owner is more than assurance of insurance each of the right owner’s compesation demand is reduced according to total rate from compesation to assurance amount. If benevolent insurer pays much more assurance than usual to the one or a few of the right owner without knowing any other compensation demonts he is supposed to escape from dept of other right owners. Damages are compensated by responsibility insurence. For damages which can’t be compensated with this responsibility insurance it is applied to financial responsibility insurance according to Highway Traffic Law numbered with 2918.
Reducing Compensation or Removing It BASE 20 : The situations which become insurance agreement and law decision related to insurance agreement and removing compensation responsibility or reducing it, can’t be declared against right owner. Insurer who pays his dept can return to transporter about removing compensation or reducing it in the rate of possibility according to insurance agreement and law decisions related to this agreement.
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