Implementation Rules of the Agreement between Pakistan & China on International Road Transport

Status: In force


Trans Pk-China  TRANSIT AGREEMENTS

Implementation Rules of the Agreement between the Government of the Islamic Republic of Pakistan and the Government of the People's Republic of China Concerning International Road Transport

With a view to implementing the Agreement between the Government of the Islamic Republic of Pakistan and the Government of the People's Republic of China concerning International Road Transport concluded on 28th of December 1993 (hereinafter referred to as 'the Agreement'), the Ministry of Communications of the Islamic Republic of Pakistan and the Ministry of Communications of the People's Republic of China, as the Competent Authorities of the Contracting Parties of the Agreement, after consultation, formulated the Implementation Rules of the Agreement (hereinafter referred to as 'these Rules') as follows:

Article 1

The provisions of these Rules are based on the Agreement and shall be followed in carrying out international road transport of passengers and goods between the two countries under the framework of the Agreement.

Article 2

1.            For the purpose of implementing these Rules, the authorized agencies of the competent Authorities are as follows (hereinafter referred to as 'the Authorized Agencies’):

(i)            For the People's Republic of China: the Department of Communications of Xinjiang Ugur Autonomous Region; and

(ii)           For the Islamic of Republic of Pakistan: Ministry of Communications, Government of Pakistan.

2.            With respect to any changes in the above-mentioned Authorized Agencies, the Competent Authority of the changed Authorized Agency shall notify the other Competent Authority 30 days in advance.

Article 3

1.            The, routes for international road transport of passengers and goods between two countries shall be determined by the Authorized Agencies through consultation and shall obtain the approval from their Competent Authorities respectively.

2.            International road transport of passengers and goods between the two countries shall be undertaken by operators approved by the Authorized Agencies.

3.            One Contracting Party may adjust or suspend the agreed routes for passenger or goods transport by road in case of emergencies in the territory of this Contracting Party (e.g. epidemic, flood and earthquake), and shall notify the oilier Contracting Party by the most efficient means.

Article 4

The Authorized Agencies shall sign a specific agreement concerning regular passenger transport services after consulting with each other.

Article 5

In accordance with Article 8 of the Agreement, vehicles involving in the international road transport between the two countries must have a distinguishing mark of their own country. The distinguishing marks are as follows:

For the People's Republic of China: CHN

For the Islamic Republic of Pakistan: PK

Article 6

For vehicles involving in international road transport between the two countries, the length shall be no more than 20 meters, the width, no more than 2.55 meters, and the height, no more than 4 meters. The gross weight of the vehicle shall not exceed 43 tons. For the transport of large-sized goods that cannot be dismantled, a special transport permit shall be obtained.

Article 7

The Contracting Parties shall establish transport supervision and inspection agencies at their own border posts, which are responsible for the inspection of the bilateral road   transport permits (hereinafter referred to as 'the Permit'), distinguishing marks and relevant transport documents.

Article 8

In accordance with Article 14 of the Agreement,

1.            Vehicles involving in the transport of passengers and goods by road in accordance with the Agreement shall be exempted from transit fees and road maintenance fees.

2.            Charges for toll roads (including road bridge and road tunnel) shall be levied with discrimination on vehicles registered in the territory of one Contracting Party and that in the territory of the other Contracting Party.

Article 9

1.            The relevant authorities of the Contracting Parties shall mutually provide necessary services for crew and vehicles involving in the road transport between the two countries. Service fees collected by one Contracting Party on the vehicles of the other Contracting Party shall be based on those collected on vehicles of this Contracting Party.

2.            In case that a transport vehicle of one Contracting Party breaks down due to mechanical fault in the territory of the other Contracting Party, this Contracting Party shall render assistance as requested. The relevant fees shall be charged through consultation, if there is any.

3.            When a traffic accident happens to transport vehicles of one Contracting Party in the territory of the other Contracting Party, the accident shall be dealt with the relevant regulations of the Contracting Party in which the accident happens. The relevant authorities of the other Contracting party shall provide necessary assistance for the crew and passengers involved, and expeditiously notify this Contracting Party.

Article 10

In accordance with Article 13 of the Agreement, the tariff, currency and means of account and payment of the road transport of passengers and goods between the Contracting Parties shall be determined by the Authorized Agencies through consultation according to agreement of payment between the Contracting Parties.

Article 11

1.            Other than the items and vehicles prescribed in Article 6 of the Agreement, vehicles involving in road transport of passengers and goods under the framework of the Agreement shall carry the Permit.

2.            Vehicles of one Contracting Party without the Permit are prohibited from entering the territory of the other Contracting Party. The Authorized Agencies are entitled to refuse vehicles without the Permit to enter their territory.

3.            One Permit can only be used for one vehicle within the valid time series.

4..           In case of a combination of a motor vehicle with a semi-trailer or a trailer, only the motor vehicle will be required to carry the Permit.

5.            The Permit can only be used by operators registered in the territory of any one of the Contracting Parties and cannot be transferred.

Article 12

The Permit shall be issued to operators by the Authorized Agencies and become validated in case of stamps of both Authorized Agencies being provided.

Article 13

The Permit is classified into three categories, i.e. Category A, Category B and Category C. The Category A Permit is used for regular passenger (tourism) transport by road with a validity of one year; the Category B Permit is used for non-regular passenger (tourism) transport by road and is valid for one round trip; the Category C Permit is used for goods and baggage transport by road and is valid for one round trip.

Article 14

1.            The pattern and the contents of the Permit are attached as annex of these Rules. The dimensions and material, of which the Permit is made, shall be agreed upon by the Authorized Agencies.

2.            The year, the serial number, the stamps of the Competent Authorities and of the Authorized Agencies and the distinguishing marks of their own country shall be printed in bright red color. Other items shall be printed in black color.

3.            The Permit shall be printed in both Chinese and English characters.

Article 15

1.            The Competent Authorities shall determine or entrust the Authorized Agencies to determine the number of Permits to be needed and exchanged for the next calendar year through regular consultation.

2.            The Permits exchanged every year by the Contracting Parties shall be printed by the Authorized Agencies respectively. One Contracting Party may entrust the other Contracting Party to print the Permits on their behalf and pay the costs thereof.

3.            The Permits for the next calendar year shall be exchanged in the second half each year. The specific time and place for the exchange of the Permits shall be agreed upon by the Competent Authorities or by the Authorized Agencies.

Article 16

One Contracting Party shall provide facilitation for operators of the other Contracting Party in establishing representative offices in its territory according to the national laws of this Contracting Party.

Article 17

Matters that are not covered by these Rules shall be dealt with in accordance with the Agreement and relevant national regulations of the Contracting Parties.

Article 18

These Rules shall enter into force on the date of its signature and their validity shall be the same as that of the Agreement.

Article 19

These Rules can be amended and supplemented with the consent of the Contracting Parities.

Done at Islamabad on April 5th in the year 2005 in duplicate, in the Chinese and English languages, both texts being equally authentic.

Notes

1.            This Category A Permit is used for regular passenger transport between the Contracting Parties and has a validity of one year and unlimited number of trips.

2.            Vehicles undertaking regular passenger transport shall carry valid Category A Permits and are subject to inspections of Authorized Agencies.

3.            This Permit is non-transferable.

 

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