Home arrow Published Laws arrow LAW NO. 2004/1 ON ROAD TRANSPORT
Nėn 22 2006
LAW NO. 2004/1 ON ROAD TRANSPORT
e mėrkurė , 22 nėntor 2006

Law No. 2004/1

ON ROAD TRANSPORT

 

 

The Assembly of Kosovo,

 

According to United Nations Interim Administration Mission in Kosovo Regulation No. 2001/9 of 15 May on Constitutional Framework for Provisional Self-Government in Kosovo, in particular Chapters 5.1 (l), 5.7, 9.1.26 (a),  9.3.3 and

 

With the purpose of determining the principles whereby are regulated conditions and the way to exercise the activity of Road Transport of Passengers and Goods sector, harmonized to the best international experiences.

 

Hereby adopts the following:

 

LAW ON ROAD TRANSPORT

CHAPTER I

General Provisions

 

Article 1

Subject of regulation

 

By this Law is regulated Road Transport of Passengers and of Goods activity.

 

 

Article 2

Field of applicability

 

2.1. This Law applies to road transport of passengers and road transport of goods on public roads of Kosovo.

 

2.2. This Law also applies to road transport of passengers and road transport of goods in wholly or partly outside Kosovo by the operators established in Kosovo.

 

 

Article 3

Definitions

 

On the sense of this Law, terms below have these meanings.

 

Public Transport”: the transport which on equal conditions is suitable to all users of transport services.

 

Ministry of Transport and Communications (Ministry)”: administrative unit responsible for the matters concerning transport sector established pursuant to Regulation No. 2001/19 of 13 September on Executive Branch of Provisional Institutions of Self-Government in Kosovo.

 

Municipality”: constitutive territorial unit of local self-governance in Kosovo, defined according to UNMIK Regulation 2000/45.

 

License”: the right to perform activity of regular transport of passengers or of goods.

 

Permit”: a document permitting transport performance of passengers or of goods in and out of Kosovo.

 

Transport Operator”: legal or natural person exercising public transport activity.

 

Domestic Operator”: transport operator with the main office in the territory of Kosovo.

 

External Operator”: transport operator with the main office outside of the territory of Kosovo.

 

Vehicle Driver”: a person who obtained required level of qualification to drive a motor vehicle.

 

Internal Transport”: transport in the territory of Kosovo.

 

In and out of Kosovo Transport”: transport between Kosovo and one or more countries.

 

 Regular Transport of Passengers”: regular transport service on definite itinerary and stationary places, offered from the transporter and determined in advance, a service performed only by bus and can be urban, interurban and  outside Kosovo.

 

Free Transport of Passengers”: transport of passengers beyond regular service, including special regular services, carrying organized groups of passengers on customer’s initiative or carrier himself.

 

Own Account Transport”: transport of goods by a transport vehicle, coming or on return only for own account.

 

Public Road”: main, regional or local road with the right of conducting to public traffic.

 

Auto-Taxi”: occasional transport of passengers performed by passenger vehicles and which fulfills the standards according to this Law.

 

Bus Terminal”: licensed object by the Ministry of Transport and Communications to provide regular services for transport operators and passengers.

 

Bus Stop”: signalized location where is enabled for buses to stop to disembark and embark passengers.

 

Waybill”: travel document of vehicle that may perform transport of passengers on the road.

 

Passenger”: a person which based on a contract has the right on transport.

 

Line”: a collection of departures from bus terminal starting point to arriving point, respectively at bus stops where passengers and goods are transported according published and registered timetable in one or more departures on that route.

 

Direct Line”: line which on the timetable doesn’t contain bus stops but only a departure and an ending point.

 

Express Line”: line which on the timetable except departure and ending point contains one bus stop.

 

Passenger Line”: line which on the timetable except departure and ending point contains two or more bus stops.

 

Route”: distance between two places on a line which on the timetable are registered as bus terminals.

 

Tariff”: act containing price in relation to transport and other transport conditions.

 

Timetable”: act which contains name of the transport company, corridor the transport is performed, type of line, bus terminals or settlements ordering, as well the distance from the starting point or station starting from, time of depart and arrival from/to bus terminals respectively from/to settlements, supervision of line maintaining in that corridor and as well the validity of the timetable.

 

CEMT” (European Conference of Ministers of Transport): multilateral permit on transport of goods performance.

 

Consignment Note”: act accompanying the goods containing: date and place of issuance, name and surname or title of the consignor and its address, name and surname or title of consignee and unloading place, volume and type of goods mark, document registration which are enclosed with the consignment note, transport expenses, etc.

 

Urban Transport”: transport exercised within municipal urban boundaries.

 

Suburb-Urban Transport”: transport exercised within the municipal territory.

 

Additional Driving (Bis Driving).

 

 

 

Ministry Role in Transport Sector

Article 4

 

4.1. Ministry through the Minister defines policy and development strategy of road transport and regulates the transport sector in Kosovo.

 

4.2. On transport sector field Minister:

 

a) Proposes to the Government the strategy of transport development and laws regulating the activity of transport.

 

b) Approves procedures for license and permit issuance for exercising activity of transport.

 

c) Proposes to the Government to increase safety, ecological and technical normative in road transport, ecological protection of Kosovo spatial.

 

4.3. In coordination with the Special Representative of the Secretary-General, the Minister reaches and finalises agreements in the area of international and external cooperation in the field of transport.

Article 5

 

The Ministry shall issue rules in relation to the operation of bus services by road transport of passengers operators, as follows:

 

a) The conduct of bus services including:

 

- The safety of passengers and the public;

- The qualifications, training, experience of bus drivers and other people

   providing services on behalf of bus service operators;

- Maximum and minimum time of driving and bus driver’s resting time;

- Insurance;

- The issue of passenger tickets;

- Customer complaints and inquiries;

 

b) Regular services timetable’s preparation, publication and compliance;

c) The obligations of public bus drivers and other people providing services on behalf

     of passenger road transport operators;

d) The maintenance and cleaning of public buses;

e) The maintenance, parking and other facilities for public buses;

f) The making and maintaining (keeping) of records and their inspection;

g) The auditing of records and systems.   

 

 

Article 6

 

Municipality:

 

a) defines safety, efficient and economical development policies of transport services within municipality boundaries;

b) issues local transport plan and amends it due to the need;

c) amends that plan not later than five years from the day is issued;

d) plan must be in accordance with the general transport development policy in Kosovo;

e) publishes the plan or altered plan and a copy sends to the Ministry.

 

 

Article 7

 

Municipality may issue rules in relation of buses provided that they are without prejudice to the rights and interests of all communities which shall be duly respected. Such rules shall include:

 

a) Regulation or prohibition of the use of public buses in certain roads or road    related areas;

b)      Embarking and disembarking of passengers and other matters in relation to transport of passengers;

c) The making and maintaining (keeping) of records and their inspection;

d)Transport of passengers’ luggage or other goods;

e) Regulation or prohibition of passenger transport standing on bus;

f)     Maximum speed of public buses;

g)      Design, equipment, fittings (internal or external) of public buses;

h) Terminal points and bus stops on bus lines; and

i)         Regulation or prohibition of notices, signs and advertisements inside and outside of public buses.

 

Article 8

 

Transport Operators performing transport activity to, from and across territory of Kosovo are obliged to apply provisions of this Law.

 

a).  Use transport vehicles in good technical condition.

 

b). Maintain in appropriate way records and documents of each vehicle of its transport activity.

 

c).  Fill in statistical records according to approved forms by respective authorities and report them according the manner defined by the Law. Content, way of recording, way of reporting and deadlines are defined by a special sub-legal act.

 

d).  On transport vehicle must be pertinent documents according to this Law.

 

 

Article 9

 

9.1. Road transport with other countries is performed in compliance with the provisions of this Law, agreements and other international rules.

 

9.2. If there is no bilateral agreement with other countries, transport between Kosovo and those countries is performed in accordance to provisions of this Law, according the rule of reciprocity condition.

 

 

Article 10

 

Transport operator which is performing regular public transport according to conditions and capacities in disposition of the vehicles, take’s over for transport any passenger or the goods which according to special rules are not excluded of transportation.

 

 

Article 11

 

11.1. The activity of road transport of passengers and goods is performed on the basis of the license. Its approval on behalf of the operator is done by the Minister.

 

11.2. License is neither assignable nor transferable.

 

11.3. Road external transport of passengers and goods is performed on the basis of the license and the permit issued by the Minister.

 

11.4. Criteria, rules and documentation for the license and the permit issuance are defined by a special legal act issued by the Minister.

 

 

Article 12

 

Licenses and permits are issued on a payment. Tariffs are determined by the Ministry of Transport and Communications, in cooperation with the Ministry of Economy and Finance.

 

 

Article 13

 

Ministry will maintain:

 

a)  a register and a copy of all licenses and permits of road transport passengers’ operators;

b)  a register and a copy of licenses, permits of road transport operators of goods.

 

 

Article 14

 

14.1 The operator of public transport of passengers cannot exercise the activity prior obtaining the license, permit and the timetable.

 

14.2. License it is required in case of:

 

a) the regular transport of passengers;

b) taxi transport;

c) transport of goods;

d) bus terminals;

e) freight terminals (loading stations).

 

14.3. The transporter which is in possession of the license for regular public transport of passengers and of goods, if desires to exercise activity of transport out of Kosovo, it must be fitted with a special permit.

 

14.4. Licenses are issued for a period of time of 5 years.

 

14.5. For KPC, KFOR, KPS, First Aid and Fire Fighters’ vehicles, the license according to paragraph 2 of this article, it is not required.

  

 

Article 15

 

Basic criteria for license issuance (external transport permit) are:

 

a) Professional competence;

b) Good repute;

c) Financial reliability;

d) Good technical condition of transport vehicles.

 

 

Article 16

 

Minister prescribes form of the license, content, procedures and expenses of their issuance, the way of maintaining the records and as well the special conditions for various modes of transport.

 

 

Article 17

 

17.1. The license or permit of transport activity losses validity when:

 

a) the holder dies or losses competence to act;

b) the validity expires.

 

17.2. The license or the permit of transport activity is withdrawn by the authority issued it when:

 

a) it is requested by the holder;

b) activity doesn’t begin on a given time on it;

c) the license or permit holder doesn’t fulfill one or more requirements of article 15 of

    this Law;

d) license or permit holder violates defined obligations of this Law.

 

 

CHAPTER II

Road Transport of Passengers

 

Article 18

 

18.1. Road transport of passengers is exercised as:

 

a) Regular transport of passengers by bus;

b) Free transport of passengers by bus;

c) Taxi transport of passengers.

 

18.2. Regular transport of passengers by bus is divided into:

 

a) Urban transport of passengers by bus;

b) Interurban transport of passengers by bus;

c) Outside Kosovo transport of passengers by bus.

 

18.3. Occasional transport of passengers by bus is divided into interurban occasional transport and outside Kosovo occasional transport.

 

 

Article 19

 

19.1. Ministry is responsible for coordination and regulation of:

 

a) Interurban transport of passengers by bus;

b) Free transport of passengers by bus;

c) Outside Kosovo transport of passengers by bus.

 

19.2. Municipality is responsible for coordination and regulation of regular urban transport of passengers by bus and taxi transport of passengers.

 

 

Article 20

 

Ministry may establish a regulatory body responsible for coordination of transport of passengers by bus. Composition, rights and obligations are defined by the Minister with a special legal act.

 

1. Regular transport of passengers by bus

Article 21

 

21.1. Regular transport of passengers is performed on given routes (lines), according to definite timetable and certified in advance, definite and published price and other transport conditions.

 

21.2. Regular transport can be exercised as direct, express and passenger transport.

 

21.3. Interurban lines are those lines which are developed on main and regional roads of Kosovo and connect two or more municipalities.

 

21.4. In and out lines are those lines having the starting point in Kosovo while the final one outside the territory of Kosovo.

 

21.5. Municipality lines are those lines which connect two or more settlements within a municipality jurisdiction.

 

 

2. Regular internal transport of passengers

 

Article 22

 

22.1. Regular internal transport of passengers is performed as urban and interurban transport.

 

22.2. Regular urban transport of passengers by bus as transport of passengers on public road circulation is regulated by a special legal act issued by the Municipality.

 

22.3. The Municipality approves the network of urban lines and the number of timetables.

 

22.4. The Ministry approves the network of interurban lines and the number of timetables.

 

22.5. Two Municipalities may make an agreement on reciprocity regulation of passengers’ transport between them. Agreement is all-powerful if approved by the Ministry.

 

22.6. Internal regular transport of passengers is exercised also as a special regular transport of passengers.

 

 

Article 23

 

23.1. The timetable according to this Law is an act by which are determined the elements for exercising regular transport in road transport containing:

 

- name of transporter;

- route;

- transport mode;

- bus stops ordering and their distance from the starting point;

- time of departure and time of arrival at each terminal and bus stop;

- time period on which the line is kept;

- timetable validity.

 

23.2. The timetables are valid one year.

 

23.3. Criteria, the way and registration procedure, certification, revocation and ri-registration of timetables and also tariffs ascertain is regulated by a special legal act issued by the Minister.

 

23.4. Registration and certification of timetables is performed by the Ministry.

 

23.5. The Ministry keeps a register of certified and registered timetables.

 

Article 24

 

24.1. The transporter is obliged that the transport performs on appropriate way and according to the timetable certified and registered.

 

24.2. The transporter may in a segment or in the whole line exercise transport with more vehicles (bis driving) according certified and registered timetable.

 

24.3. The transporter is obliged to bus terminals passing through, to submit the timetable at least 5 days prior starting the operation according to the timetable.

 

 

Article 25

 

25.1. The transporter must begin the activity of public regular transport of passengers within a 3 days period from the day of timetable entering in force and can’t cease until the timetable validity last.

 

25.2. Exceptionally of paragraph 1 of this Article, the transporter may temporarily cease the activity, as a result of extreme conditions which unable exercise of the activity of regular transport.

 

25.3. About the cease of paragraph 2 of this Article, the transporter is obliged to inform the authority which certified the timetable, the authority will issue a decision on acceptance or rejection of the transporters’ request.

 

25.4. Transporter cannot cease (suspend) the activity of the regular transport in the line according to registered and certified timetable without permission of the authority which issued the timetable.

 

 

Article 26

 

26.1. Timetable cannot be transferred nor given on hire.

 

26.2. The transfer of the timetable is done only by the authority issued it.

 

26.3. Name of the transporter written on the timetable must be the same with the one written on bus registration paper and other accompanying documents.

 

 

Article 27

 

27.1. The timetable will be revoked by the authority issued it if:

 

a) Within a 3 days period from the day of entering in force doesn’t begin the activity;

 

b) Within a calendar month doesn’t hold a departure for 3 times without approval of   

     the authority issued it;

 

c) Commits temporary interruption of holding the departure respectively when for 12

    times within the validity of the timetable doesn’t hold the departure without the

    approval of the authority certified it.

 

27.2. Revoked lines and departures will be considered free and the same one are being exposed to the procedure of their distribution.

 

27.3. The decisions are taken by the authority which certified it, after the arguments of the transport inspector within the Ministry.

 

27.4. Transport operator is obliged that alteration of the timetable and of the conduct of transport, temporary or permanent cease of transport on the allowed line, announce in the press or in any other information means.

 

 

Article 28

 

28.1. The transporter ascertains the price-list. Price-list must be placed inside the bus circulating on that line.

 

28.2. Bus personnel takes’ fairs for the services, based only on the price-list of paragraph 1 of this Article.

 

Article 29

 

29.1. Every passenger on bus must be fit with a ticket. Ticket can be bought in the bus, terminal, business entity, and agency or in other places the transporter entrusted the ticket selling.

 

29.2. Ticket must contain:

 

- route

- price

- serial number

- company name

- date and time of departure

 

29.3. The Ministry in cooperation with the Ministry of Economy and Finance will prescribe rules on evidence of tickets.

 

 

Article 30

 

30.1. Special regular transport is transport of given groups of passengers excluding other passengers on the given route and based on special permit. By special regular transport of passengers is performed transport of:

 

- primary school pupils from the settlement to school and vice versa;

- workers from the settlement to work and vice versa.

 

30.2. Permits of special regular transport are issued based on a contract which must contain:

 

- the route;

- the passenger list;

- transport fairs;

- places to embark and disembark passengers;

- the time during which the transport is performed.

 

30.3. Contract is made by the transport operator, prior licensed by the Ministry, and the requester of services for the group of passengers where the requester is at the same time also the transport payee.

 

30.4. Transport permit according to this Article is issued by municipality competent authority if the transport is performed within a municipality respectively the Ministry if this transport is performed in the territory of two or more municipalities.

 

30.5. Permits according to this Article have no timetable and price-list determined according to this Law.

 

30.6. On the front part of the bus on a visible place must be the inscription “Special Transport”.

 

 

 

3. Regular transport of passengers out of Kosovo

Article 31

 

External transport of passengers by bus, between Kosovo and other countries and transit transport through territory of Kosovo, is accomplished pursuant to provisions of this Law, other international agreements and regulations and on the basis of prior consent of the Ministry and UNMIK and other countries’ competent authorities.

 

 

Article 32

 

32.1. Permit of article 11 paragraph 3 of this Law, is granted on request of domestic or external interested transport operator.

 

32.2. Request of paragraph 1 of this article must be introduced to the Ministry. With the request must be enclosed all proofs of fulfillment of defined conditions by this Law and other normative acts.

 

32.3. External operator introduces his request for granting the permit through the competent authority of the state, his main office is situated.

 

32.4. Transport inside the territory of Kosovo by transport operators having not the main office in Kosovo is prohibited. Exceptions are only made with permission granted by the Minister, taking into account the rights and interests of communities. Decisions as to whether to grant permission to transport operators not having a main office in Kosovo shall be taken by the Minister in coordination with UNMIK.

 

32.5. The register of permits to operate outside Kosovo, enter into Kosovo and transit passing through territory of Kosovo is kept by the Ministry.

 

32.6. Form, content, time limit and other permit elements are defined by the Minister in cooperation with UNMIK.

 

 

Article 33

 

Domestic operator it’s obliged that each of the three months period, send to the Ministry information on the number of performed journeys and of passengers transported in one direction and the other direction, at latest 15 days from the day the three months period ends, to which the report is written.

 

 

 

4. Free transport of passengers

Article 34

 

34.1. Free transport of passengers, in internal and international circulation, it is transport of a prior known group, without embarking and disembarking of passengers along the way, to which the route, transport price and other conditions are defined by a contract between the transport operator and the transport requester.

 

34.2. Transport of paragraph 1 of this article may be performed as occasional.

 

34.3. Free transport of passengers it is also taxi transport and by towing vehicles for tourist purposes.

 

 

Article 35

 

Occasional transport, in accordance to this Law, it is:

 

a) “circular driving” with closed doors (picnic, tourist travel etc), starting and ending at the starting point, where the same group of passengers it is transported with the same bus during the whole journey,

 

b) transport consisting of an outward journey with full vehicle and an empty vehicle journey on return,

 

c) transport consisting of an outward journey with an empty vehicle and full vehicle journey on return,

 

d) transport of passenger groups prior organized in more journeys from the same starting point to the same arrival point. Any group of passengers who accomplished an outward journey returns back to the starting point with any later vehicle drive. First travel on return and last outward is performed with an empty vehicle,

 

e) other occasional transports.

 

 

Article 36

 

36.1. Free transport of passengers of article 35 under a) transporter has no need to have a special permit, while on the same article under b), c), d) and e) a permit is needed if by an international agreement is not defined otherwise.

 

36.2. Permits of paragraph 1 of this article are issued by the Ministry according to rules, requirements and procedures prescribed on a special legal act.

 

 

Article 37

 

37.1. During free transport of passengers on board the bus must have the way-bill in original and other documents defined by the Law.

 

37.2. If in question external transport, transport operator must have passengers’ list as well, certified by the customs service of Kosovo.

 

 

5. “Taxi” transport of passengers

Article 38

 

38.1. Taxi transport is public transport of people on irregular road transport, the fair (price) of which is known in advance and determined based on taximeter according to services’ price-list.

 

38.2. Price-list must be certified by competent authority and placed in a visible place within the vehicle.

 

38.3. Taximeter must be in a good condition, attested and sealed according to defined conditions on taximeter, placed in a visible place in the vehicle as well.

 

38.4. The transporter performing taxi transport of passengers is obliged that on the request of the passenger, give him/her proof for the accomplished service which proof contains: vehicle number plates, route, time of transportation, price and transporter’s signature.

 

 

Article 39

 

39.1. Taxi transporter may only be performed by a 5 (4+1) seats vehicle and which has at least four doors.

 

39.2. Exceptionally of paragraph 1 of this Article, municipality may license “taxis” up to 8+1 seats vehicle as well and with no taximeter, however the scope of work of this type of “taxi” is performed only within the municipality territorial boundaries where has been licensed.

 

39.3. Vehicle according paragraph 1 and 2 of this Article must not have a towed vehicle (trailer).

 

Article 40

 

Persons driving the vehicle, by which “taxi” transport is performed, except defined conditions by other normative of this Law and other laws, must have at least two years of working experience of driving the vehicle.

 

 

Article 41

 

41.1. Municipality shall issue a special regulation on the way of passenger transport performance by taxi.

 

41.2. According to paragraph 1 of this Article by a regulation in particular is regulated:

 

a) The way of organizing “taxi” transport in the territory of the municipality;

 

b) Number and distribution of taxi stationeries, the way of their use, regulation,

    maintenance and as well the number of vehicles in taxi stationeries;

 

c) The rights and the duties of taxi vehicle drivers and as well of the persons being

    transported;

 

d) Fundamental and supplementary conditions which must be fulfilled by a taxi

    driver and the taxi vehicle;

 

e) Number of “taxi” licenses within its own territory.

 

Article 42

 

“Taxi” vehicle drivers neither can wait nor embark passengers in the territory of the municipality, in which is not registered of exercising the taxi activity.

 

 

 

6. Own account transport

 

Article 43

 

43.1. Transport operator, other legal or natural person and the citizen who is in possession of a transport vehicle, may perform own account transport such as, transportation of its own workers or other persons related to performance of its own activity, as well the transportation of its worker’s family members going on holidays or recreation.

 

43.2. Own account passenger transport, according to this Law it is considered also the transportation of persons performed by:

 

1. Hotel enterprises, other legal and natural persons performing hotel activities and as well recreational facilities carrying their clients,

 

2. Health institutions and as well social welfare carriage of patients,

 

3. Tourist agencies, other natural and legal persons performing tourist activity, which based on a special contract of transport, transport tourist groups without embarking and disembarking along the journey,

 

4. Cultural, sport associations and other associations transporting pupils, students, educational personnel or own members,

 

5. Driving schools training the candidates to drive during their work,

 

6. Transport operators or employers doing special services,

 

7. Operators of airport services or other associations for airport services if performing passenger transport from their starting point to the airport and vice versa.

 

 

 

Article 44

 

On the bus by which own account transport is performed, must be filled in a register of workers or of other persons, certified by the owner (transporter), or any other evidence of the right for the transportation of these workers or persons. On both sides, or on the lower right hand angle of the windshield window of the bus by which own account passenger transport is performed, must be marked with the inscription “Own Account Transport”.

 

 

Article 45

 

In the extraordinary situations, The Ministry shall issue the order   about obliged   transport of the passengers to the particular relations and in the particular period.

 

7. Bus Terminals

 

Article 46

 

Bus terminal is an object having clearance to receive and conduct the buses according to timetable, passenger embarking and disembarking, ticket selling and reservation for passengers, dressing room, equipment of informing the passengers and the transport operators, and as well other services in relation to transport of passengers and to transport operators.

 

 

Article 47

 

47.1. Passenger embarking and disembarking is done at bus terminals and designated and registered bus stops on the timetable only.

 

47.2. Transport operator is obliged to stop at all bus stops registered on the timetable.

 

 

Article 48

 

48.1. Bus terminals categorization will be done depending on the equipment level and service quality in general.

 

48.2. Minister by a special legal act shall define the conditions the bus terminal must fulfill, work manner, categorization, and the manner of documentation maintaining and as well other obligations of the bus terminal.

 

48.3. The bus terminal on equal conditions provides services to all transport operators possessing registered and verified timetable of the Ministry, according to definite tariffs by the Ministry based on bus terminal’s category.

 

48.4. The bus terminals and the transport operators regulate conditions and the way of providing services.

 

48.5. Official persons of the bus terminal are obliged to bear identification cards on a visible place.

 

 

Article 49

 

The bus terminal is not allowed to provide services to the transport operators, if in question interurban transport respectively permits for transport outside of Kosovo, without possessing registered and verified timetable from the Ministry.

 

 

 

Article 50

 

50.1. The bus terminal must have the inscription “Bus Terminal” as well the name of the place where the terminal is situated.

 

50.2. The bus terminal is obliged to keep evidence on bus entries and exits.

 

 

Article 51

 

51.1. The moment timetables have entered into force the bus terminal is obliged to make systematization of all timetables according to routes, bus’s time of departure from the terminal.

 

51.2. Transport operator is obliged to inform the bus terminal that is beginning to operate, on impossibility of operating respectively on delays greater than 30 minutes.

 

 

Article 52

 

License to perform the activity of the bus terminal services is issued by the Minister if the terminal is designated to perform interurban and external transport services. While the municipality issues the license of the terminal designated for performance of urban transport services.

 

 

CHAPTER III

Road transport of goods

 

Article 53

 

Road transport of goods (herein transport of goods) is performed in and out of the territory of Kosovo, as:

 

a) Own account transport of goods (own needs),

b) Transport of goods on hire and reward.

 

 

Article 54

 

During transport of goods the operator must possess in the vehicle these documents:

 

a) For transport inside Kosovo:

- the license

- consignment note.

 

b) For transport outside Kosovo:

- the license

- consignment note and

- external permit of Kosovo.

 

 

Article 55

 

55.1. Transport of goods is performed based on the license and the permit for transport outside Kosovo, if not defined by an international agreement that transportation to be performed without permit.

 

55.2. Ministry defines and exchanges appropriate number of permits for a year with competent authorities of the other countries.

 

55.3. Distribution of external permits to domestic transporters is done by the Ministry, where the Ministry appoints a distribution commission of permits outside Kosovo.

 

Transit permits for the territory of Kosova.

Article 56

 

56.1. No transporter of goods can communicate in the transit way in the territory of Kosova without having a transit permit.

 

56.2. The Ministry prescribes the rules, procedures and criteria for transit permits.

 

56.3. The tariff for transit permit determines the Ministry for Transport and Telecommunications in corporation with the Ministry for Economy and Finance.

 

 

Article 57

 

For the distribution of external permits, transporter must pay compensation; the amount of compensation is set by the Ministry in cooperation with the Ministry of Economy and Finance.

 

Article 58

 

If a external transporter comes from a country to which Kosovo didn’t make contract (agreement) then, by the Ministry, to the transport operator with a main office outside Kosovo is granted a special permit to enter into Kosovo.

 

 

Article 59

 

59.1. If external operator performs transport of goods by a towing vehicle or a trailer with registrations in two different countries, on each vehicle must possess with the permit of Article 58 paragraph 1 of this Law.

 

59.2. The permit of transport of goods must be verified by customs authorities, the transporter must keep the permit on board the vehicle during circulation in Kosovo.

 

 

Article 60

 

60.1. Entering into Kosovo it is prohibited to all transport operators of goods without special entering permit in Kosovo, except transport operators who possess CEMT permit and bilateral permit.

 

60.2. The manner and criteria for a special entering permit in Kosovo are determined by the Minister, if not regulated otherwise by a bilateral agreement.

 

 

Article 61

 

Issuance of permits for the transport of goods into or out of Kosovo, Articles 54, 55, 56, 57, 58 59 and 60 of the present Law is effected in coordination with UNMIK.

 

 

Article 62

 

Municipal Public Enterprises established from a municipal self-government local unit with the purpose to perform municipal public services, will not be licensed.

 

 

Article 63

 

63.1. Exceptionally of provisions of article 55 paragraph 1 of this Law, the permit is not required to:

 

a) The vehicles with loading capacity to 3.5 tons or maximum permitted weight of 6

    tons,

b) The transport of damaged vehicles and trailers,

c). The transport of postal items,

d) The transport of exhibits designated for fairs and exhibitions,

e) The transport of medical material or other material as aid in case of natural or war

     disasters,

f) Empty vehicle entering to substitute defected vehicle and taking over to transport

    things from the defected vehicle,

g) Technical assistance vehicles to tow defected vehicles (repairmen-service vehicles),

h) Vehicles coming to service or fixing in Kosovo, on a condition they are empty.

 

63.2. On transport of paragraph 1 of this Article transport operator must have the papers and other documentation, of which could be certified that it’s in question transport of paragraph 1 of this Article.    

 

 

1. Own account transport of goods

 

Article 64

 

64.1. It is prohibited to engage on own account transport without being registered as an own account transporter.

 

64.2. Provisions of paragraph 1 shall not apply on license holder of road transport of goods on hire.

 

64.3. Minister may exempt types of own account transport of goods from the prohibitions referred in paragraph 1.

 

 

Article 65

 

65.1. Name and nature of enterprise or business must be stated when the own account transport of goods activity is registered.

 

65.2. Registration shall not be effective until applicant signifies that requested registration of transport of goods, can be deemed as own account transport of goods.

 

 

Article 66

 

In the event of own account transport performance with a vehicle exceeding 3.5 tons of maximum permitted weight, on board must have:

 

a) consignment note

b) proof of which it can be certified that it’s in question own account transport of goods.

 

 

2. Transport of goods on hire and reward

 

Article 67

 

67.1. Transport of goods on hire and reward is performed pursuant to the contract between renter of the transport vehicle and leaser who has contracted the transport of goods.

 

67.2. During transport of goods on hire and reward, in the carrying vehicle the transport operator must have:

 

a) Consignment note and

b) Contract between the renter and the leaser.

 

 

 

3. Freight Terminals (Loading Stations)

 

Article 68

 

68.1. The Services of Freight Terminals according to this Law are admission and departure of freight vehicles, services for the vehicles and the crew members, storage of goods and other contracted services in relation to transport of goods.

 

68.2. Freight Terminal is obliged of providing services to all transport operators on equal conditions.

 

68.3. To start with the performance of the activity to provide terminal services of Article 14 paragraph 2 of this Law, a license is issued.

 

 

 

Article 69

 

The Ministry shall issue the order above prohibition of transporting the goods by the roads of Kosova for specific roads, specific types and specific period.         

 

 

 

Article 70

 

Terminal must be equipped and capable for the admission, departure and duty paying of all kinds of goods.

 

 

  

CHAPTER IV

Supervision and control in road transport

 

Article 71

 

Supervision and control on implementation of this Law and other legal acts issued based on it, is done by the Ministry of Transport and Communications (authority of inspectorate of the Ministry).

 

Article 72

 

72.1. Inspection works in road transport of passengers and goods are accomplished by road transport inspectors of the Ministry, while urban road transport and auto-taxi transport within the territory of the municipality, is done by municipal road transport inspectors.

 

72.2. Inspectors of road transport are obliged to accomplish the control in accordance to provisions of this Law as follows:

 

a)   Inspect and control road transport operators, are they exercising their activity according to provisions of this Law and are they exercising it on the basis of licenses and permits.

 

b)   Inspects and controls all road transport vehicles, bus terminals, other business objects, documentation and evidences, which fall into road transport,

 

c)   Looks after organization and proper progress of internal and external road transport on the whole territory of Kosovo.

 

 

 

Article 73

 

Road transport operator is obliged to introduce the inspector all required documentation and create him all facilities to exercise competencies according to this Law.

 

 

 

Article 74

 

Authority of inspectorate of the Ministry performs supervision on the basis of the yearly working program, which is issued by the Minister, and if necessary outside the program.

 

 

 

Article 75

 

75.1. In case the inspector of road transport, during inspection finds irregularities, respectively finds out that transport is not performed pursuant to international agreements, provisions of this Law or other legal acts issued on the basis of this Law, shall exclude the vehicle off the traffic, taking from him vehicle registration document, the permit to circulate and if necessary takes off the number plates for 48 hours.

 

75.2. In case inspector writes a fine for the second time to the same operator for reasons determined of paragraph 1 of this Article, the vehicle shall be excluded off the traffic up to duration of five days.

 

75.3. In the event of exclusion of a taxi vehicle, the taxi sign and the evidence number of the registration to circulate is taken.

 

75.4. After the conviction time is passed of paragraph 1 and 2 of this Article, inspector return’s back documents and taken number plates to the operator either himself or through the authority who issued them.

 

 

Article 76

 

When inspector excludes the vehicle off the traffic, takes decision that the stopped vehicle is send on license holders’ expenses at a given places, for these cases. If necessary, in relation to this, police help may be requested.

 

 

 

Article 77

 

77.1. In the event of stopping, respectively vehicle exclusion off the traffic, inspector compiles an official report in relation to this and within 24 hours about this verbally notifies the Ministry.

 

77.2. A copy of the official report will be given to the vehicle driver respectively to the license holder or vehicle registration holder.

 

77.3. In case inspector finds out that road transport operator violated provisions of this Law, will initiate court procedure to the competent court.

 

 

 

Article 78

 

To eliminate irregularities in road transport, transport inspection due to the necessity, cooperates with the Kosovo Police Service and in coordination, undertake relevant measures, in accordance to competencies they have.

 

 

 

Article 79

 

Control authorities of custom service at border crossing points, respectively at another place, where custom supervision is done; check out whether the external or domestic transporter have the permit and other documents, defined by this Law, or international agreement and is it performing the transport according to these documents.

 

 

 

Article 80

 

If custom service control authorities find out that a external or a domestic transporter has no vehicle permit, defined by the regulation and other required documents or doesn’t use them in the defined way, shall stop the entry of the vehicle in Kosovo or its exit and regarding this shall inform the Ministry.

 

 

Article 81

 

Responsibilities to be carried out by the Provisional Institutions of Self-Government according to Article 79 and 80 and involving the UNMIK Customs Service are expressly exercised through or in coordination with UNMIK.

 

 

Article 82

 

82.1. The Ministry, acknowledges control authorities of the border crossings with the models of documents, by which external transport vehicles must be fitted and with their passing priorities.

 

82.2. Documents language is ascertained in the agreement between Kosovo and another country, signed on behalf of Kosovo.

 

 

CHAPTER V

Administrative sanctions

 

Article 83

 

83.1. Transport operator respectively other legal or natural person for a conviction will be punished with a fine from 300 to 3.500 Euro, in case:

 

a) Exercise’s urban and interurban public transport activity without license (Article

    11 paragraph 1),

 

b) Exercise’s external transport activity without the license and the pertinent permit

    (Article 11 paragraph 3 and Article 14 paragraph 1, and Article 55 paragraph 1),

 

c) Performs taxi transport in contradiction to provisions of Article 38,

 

d) Provides bus terminal and freight terminal (loading stations) services without the

     license (Article 55 and Article 74),

 

e) If it acts in contradiction with Article 50, paragraph 2,

 

f) If it acts in contradiction with Article 60, paragraph 1,

 

g) If it acts in contradiction with Article 73.

 

83.2. If a transport operator respectively other legal or natural person commits repeatedly the same conviction, except fine punishment it shall be given also the measure of intercepting the exercise of the transport activity for duration of 6 to 12 months.

 

 

Article 84

 

84.1. With a fine from 100 to 2.500 Euro will be punished the transport operator respectively other legal person, in case:

 

a) Doesn’t hold the line according to the timetable (Article 24 paragraph 1),

 

b) Alters’ the timetable, intercepts transport for a temporary time and doesn’t notify   

     the intercept (Article 25 paragraph 3 and 4 and Article 28 paragraph 2),

 

c) If doesn’t determine the price list and doesn’t place it on the bus or doesn’t follow

    it (Article 28),

 

d) Performs special transport of passengers in contradiction of Article 30,

 

e) Has no way bill on board of the vehicle (Article 37 paragraph 1),

 

f) Has no passenger list certified by custom’s service of Kosovo (Article 37, paragraph 2)

 

g) Performs taxi transport of passengers in contradiction to Articles 38 – 42,

 

h) Performs own account transport in contradiction to Articles 42 and 43,

 

i) Bus terminal and freight terminal (loading stations) are providing services without the license and timetable (Article 52 and Article 68, paragraph 3),

 

j) Bus terminal and freight terminal (loading stations) are not providing services on equal conditions to all transporters (Article 48 paragraph 3 and Article 68 paragraph 2),

 

k)  If it acts in contradiction with Article 26, paragraph 1 and 3,

 

l)   If it acts in contradiction with Article 29, paragraph 1 and 2,

 

m) If it acts in contradiction with Article 34, paragraph 1,

 

n)  If it acts in contradiction with Article 35, paragraph 1,

 

o)  If it acts in contradiction with Article 44,

 

p)  If it acts in contradiction with Article 47, paragraph 1 and 2,

 

q)  If it acts in contradiction with Article 64, paragraph 1,

 

r)  If it acts in contradiction with Article 66 and 67,

 

s)  If it acts in contradiction with Article 5.1 points b, c, d ,e, f.

 

84.2. The same convictions the transporter respectively legal or natural person is repeating, except fine punishment it shall be given also the measure of forbidding the exercise of the transport activity for duration of 6 to 12 months.

 

 

 

CHAPTER VI

Transitional and concluding provisions

 

Article 85

 

Incomes created by collecting the tariffs and given fines according to this Law, are subject to the Kosovo Consolidated Budget.

 

 

Article 86

 

The Ministry to implement provisions of this Law issues respective sub-legal acts.

 

 

Article 87

 

Initiated procedures pursuant to provisions of the law on transport in road traffic (Official Gazette of Kosovo No. 5/82) will be completed according to provisions of the applicable law.

 

 

Article 88

 

Road transport operators exercising this activity are obliged to harmonize their business with the provisions of this Law and other acts issued on its basis within a 6 (six) months period, from the day this Law enters into force.

 

 

Article 89

 

Road transport operators, who don’t harmonize their business within determined time according to Article 88, are discharged of performing road transport activity and this will be determined by a decision of the competent authority.

 

 

Article 90

 

On the day this law enters into force the Law on transport on road traffic (Official Gazette of Kosovo No. 5/82) is repealed.

 

 

Article 91

 

The present law shall enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Special Representative of the Secretary-General.

 

Law No.2004/1

24 March 2005
Last Updated ( e premte , 20 shkurt 2009 )
 
< Prev