Law of Ukraine

“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Serbia on International Motor Transport of Passengers and Freights”

Date of entry into force:
November 16, 2012

The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Serbia on International Motor Transport of Passengers and Freights (hereinafter referred to as “Agreement”) was signed on November 10, 2011, in Kyiv.

The Law ratifies the Agreement.

The provisions of the Agreement apply to motor transport of passengers and freights by bus and cargo trucks registered in one of the Contractual Party states, between the territories of the Contractual Party states, transiting through their territories, and to/from third countries. The provisions of the Agreement also apply to the passage of empty motor vehicles related to the transport of passengers and freights (Article 1 of the Agreement).

Article 2 of the Agreement provides definitions of terms used in it.

All passenger transport carried out by bus registered in one of the Contractual Party states between the two states or transit through their territories, is carried out on the basis of permits. The original copy of the permit must be carried on board of the vehicle (Article 3 of the Agreement).

According to Article 4 of the Agreement, scheduled transport is passenger transport carried out at established intervals along an established route, where passengers may board or leave the vehicles at the established boarding/alighting points. Scheduled transport is carried out by joint operation of the routes by the carriers of the Contractual Parties, with regard to the parity principle. Scheduled transport between the two states or transit through their territories is carried out by prior agreement between the Competent Bodies of the Contractual Parties. Each Competent Body of the Contractual Party state issues a permit only for the section of the route that passes through the territory of its state. Suggestions on organization of such transport are exchanged by the Competent Bodies of the Contractual Party states, ahead of time. Such suggestions must contain information about the name of the carrier, route, transport schedule, tariffs, stops where passengers may board/alight the vehicle, and the driver work and rest schedule.

Non-scheduled passenger transport by bus between the Contractual Party states or transit through their territories shall be carried out on the basis of permits issued by the Competent Bodies of the Contractual Parties. The Competent Bodies of the Contractual Parties shall issue the permit for the section of the route that passes through the territory of their state. For each non-scheduled passenger transport by bus, a separate permit must be issued, allowing one trip to the destination and back, unless otherwise specified in the permit (Article 5 of the Agreement).

According to Article 6 of the Agreement, a permit is not required for non-scheduled passenger transport by bus in the following cases:

  • a “closed-doors” trip, when the same group of passengers is transported by the same bus throughout the entire trip, which stops and terminates on the territory of the Contractual Party state where the bus is registered;
  • this trip starts on the territory of the Contractual Party state where the bus is registered, and terminates on the territory of the other Contractual Party state, provided that the bus is empty when it leaves this territory;
  • entry of an empty bus to the territory of the other Contractual Party state, with the purpose of collecting a group of passengers that had been previously delivered there by the same bus.
No permit is required for the entry of an empty bus sent to replace a malfunctioning bus.

Transport of freights under the Agreement is carried out by trucks, on the basis of permits issued by the Competent Bodies of the Contractual Party states. A separate permit must be issued for each truck trip, allowing one trip to the destination and back, unless otherwise specified in the permit. The original copy of the permit must be carried on board of the vehicle (Article 7 of the Agreement).

Article 8 of the Agreement provides that a permit is not required to transport the following:
  • exhibits, equipment and materials intended for fairs and exhibitions;
  • vehicles, animals and various inventory and property intended for sporting and circus events;
  • theatrical sets and props, musical instruments, equipment and devices for cinematography, radio- and television broadcasts;
  • bodies or ashes of the deceased;
  • mail;
  • damaged vehicles;
  • bees and juvenile fish;
  • humanitarian aid for natural disasters;
  • freights carried on vehicles with the total weight (including the trailer) not exceeding 6 tons, or with the total capacity (including the trailer) not exceeding 3.5 tons.

No permit is required for entry and return of:
  • technical assistance vehicles;
  • empty trucks sent to replace a damaged truck located on the territory of one of the Contractual Party states.

If the dimensions or weight of an empty or loaded vehicle of one of the Contractual Party states exceeds the norms established on the territory of the other Contractual Party state, or in case of hazardous cargo, the carrier, in addition to the permit specified in Article 7 of the Agreement, must procure a special permit of the respective Competent Body of the latter Contractual Party state (Article 9 of the Agreement).

Article 10 of the Agreement forbids a transport operator of one of the Contractual Parties to carry out transportation between two points located on the territory of the other Contractual Party state without an appropriate permit of the Competent Body of such Contractual Party.

Buses and trucks that are registered on the territory of one of the Contractual Party states and enter the territory of the other Contractual Party state temporarily, are exempt from all taxes, duties and other fees related to owning or operating vehicles on the territory of that state (Article 12 of the Agreement). The above exemptions shall not apply to road tolls and customs duties, unless otherwise provided by the actual permit used by the buses and trucks on the territory of the Contractual Party state, as per the current legislation, with the exceptions of:
  • fuel contained in the containers provided for by each specific vehicle model, which are technologically and structurally connected to the engine fuel system. This also applies to fuel contained in standard containers installed in trailers and semitrailers and operating refrigerator vehicles;
  • lubricants in the amounts required for use during transportation;
  • spare parts and tools meant for repairing vehicles that carry out international transportation.
Unused spare parts are subject to re-export, and replaced spare parts must be carried out of the state, or destroyed, or handed in, according to the procedure established by the current legislation of the appropriate Contractual Party state.

According to Article 14 of the Agreement, the Competent Bodies of other Contractual Party states shall monitor the adherence of carriers to the provisions of the Agreement. If a carrier, or a bus or truck driver of one of the Contractual Party states, while being on the territory of the other Contractual Party state, violates the provisions of the Agreement, legislative acts, rules of motor transport, or traffic rules that are in effect on the territory of the latter state, the Competent Body of the state where such bus or truck is registered can impose the following sanctions against the violating carrier, by request of the Competent Body of the Contractual Party state where the violation took place:
  • warning;
  • temporary recall of the right to make trips to the territory of the Contractual Party state where the violation took place;
  • permanent recall of the right to make trips to the territory of the Contractual Party state where the violation took place.

According to Article 15 of the Agreement, the Competent Bodies responsible for application of the Agreement are:
  • for Ukraine – the Ministry of Infrastructure of Ukraine;
  • for the Republic of Serbia – the Ministry of Infrastructure and Energy of the Republic of Serbia.

In order to ensure efficient implementation of the Agreement, the Contractual Parties create a Joint Commission that shall include representatives of the Competent Bodies of the Contractual Party states, and experts on any specific issues. The Joint Commission shall review issues of mutual interest in the sphere of international motor transport, and resolve any disputes that may arise in the course of the Agreement implementation. All respective issues are recorded in the respective Minutes of the Joint Commission Meeting (Article 16 of the Agreement).

The Law aims to:
  • ensure a reliable international legal mechanism to implement and activate the process of bilateral international connections between Ukraine and Serbia;
  • create favorable conditions to improve the transport links between Ukraine and Serbia;
  • facilitate cooperation in the sphere of motor transport and business connections between Ukraine and Serbia.
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