AGREEMENT
between the Slovak Republic
and
the Republic of Turkey
on International Transport of Passengers and Goods by Road
The Slovak Republic and the Republic of Turkey (hereinafter referred to as the "Contracting Parties"),
Desiring to promote, in the interest of their economic relations, the development of transport of passengers and goods by road between the Contracting Parties;
Have agreed as follows:
Article 1
Scope
1. The provisions of this Agreement shall apply to the international carriage of passengers and goods by road for hire or reward or on own account between the territories of the Contracting Parties, in transit through their territories and between one of the Contracting Parties to/from a third country with vehicles registered in the other Contracting Party.
2. The present Agreement does not affect the rights and obligations arising from the other international commitments, nor does it affect the national legislation of the Contracting Parties.
Article 2
Definitions
For the purpose of this Agreement the term:
a)"transport operator" means any natural or legal person, who is established in either Contracting Party´s territory and authorized in its country of establishment to carry out international transport of passengers and goods by road for hire or reward or on own account in accordance with the relevant national legislation in force in that territory,
b)"vehicle" means a motor vehicle or a coupled combination of vehicles registered in either Contracting Party´s territory and is used exclusively for the carriage of passengers and/or goods by road,
c)”bus" and "coach" mean vehicles which are built and designed for the transport of persons which have more than nine sitting places including the driver´s seat,
d)"regular passenger service" means a service by bus or coach which carries passengers over a specified route according to a timetable and for which set fares are charged; passengers are picked up or set down at predetermined stopping points,
e)"shuttle service" means a service by bus or coach whereby, by means of repeated outward and return journeys, previously formed groups of passengers are carried from a single place of departure to a single place of destination; each group, consisting of the passengers who
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made the outward journey, is carried back to the place of departure on a later journey. Place of departure and destination respectively mean the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding locality within a 50 km radius.
The first return journey and the last outward journey in a series of shuttles are made unladen.
The service as a shuttle service is not affected by the fact that some passengers make the return journey with another group, nor by the fact that first outward journey and the last return journey are made unladen. This type of shuttle service is called "reversed shuttle".
f)“occasional service” means a service falling neither with the definition of a regular passenger service, nor within the definition of a shuttle service. This service is performed in accordance with the provisions of the Agreement on the international occasional carriage of passengers by coach and bus (INTERBUS).
Article 3
Regular passenger service
1. Regular passenger service between the two countries or in transit through their territories shall be approved jointly by the competent authorities of the Contracting Parties.
2. Each competent authority shall issue an authorization for the portion of the itinerary which is performed in its territory of its state.
3. The competent authorities shall jointly determine the transport operators and the conditions of the authorization, namely its duration, the frequency of the transport operations, the time tables and the scale of tariffs to be applied, as well as any other detail necessary for the smooth and efficient operation of the regular passenger service.
4. The application for an authorization shall be addressed to the competent authority of the country of registration of the vehicle, which has the right to accept it or not. In case the application does not raise objection, this competent authority shall communicate it to the competent authority of the other Contracting Party.
5. The application shall be furnished with documents containing the necessary details (proposed time tables, tariffs and route, period during which the service is to be operated during the year and the date on which the service is intended to begin). The competent authorities may require such details as they deem appropriate.
6. Authorizations shall be issued in the name of the transport operator; they may not be transferred by the latter to third parties. However, the transport operator who has received the authorization may, with the consent of the competent authority, operate the service through a sub-contractor. In this case, the name of the latter transport operator and its role as sub-contractor shall be indicated in the authorization.
7. The period of validity of an authorization shall not exceed five years.
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Article 4
Shuttle service
Transport operators of one Contracting Party having the right to perform international shuttle service, may perform such transport between the territories of the two Contracting Parties and in transit across these territories without any authorization.
Article 5
Goods transport and permit system
1. Transport operators of one Contracting Party may perform goods transport between the territories of the two Contracting Parties and in transit across these territories without any quota and permits.
2. Transport operators of one Contracting Party may, under the quota and permits system, perform goods transport from the territory of the other Contracting Party to/from the territory of any third country.
Article 6
Cabotage
A transport operator established in the territory of a Contracting Party shall not undertake transport operations between two points in the territory of the other Contracting Party, unless a special permit for that purpose is granted by the competent authority of this Contracting Party.
Article 7
Weights and dimensions of vehicles
1. Regarding weights and dimensions of the vehicles, each Contracting Party undertakes not to impose on vehicles registered in the territory of the other Contracting Party terms that are more restrictive than those imposed on vehicles registered in its own territory.
2. The weight and dimensions of a vehicle must be in accordance with the official registration of the vehicle.
3. Transport operators of both Contracting Parties have to comply with the laws and regulations of the other Contracting Party concerning the weight and dimensions of the vehicles on entering the territory of that Contracting Party.
4. A special permit shall be required if the weight or dimensions of a vehicle registered in either Contracting Party exceed the permissible maximum weight or the dimensions in force in the territory of the other Contracting Party. The transport operator must apply for such a permit from the competent authority of that Contracting Party before entering its territory.
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Article 8
Taxes, fees and other payments
1. Transport operators of the Contracting Parties performing carriage of passengers and goods under the terms of this Agreement shall be on the principle of reciprocity exempt from taxes, fees and other payments related to the ownership and running of the vehicle as well as from fees for transit of the vehicle on the roads of the other Contracting Party.
2. Exemption under the paragraph 1 of this Article shall not relate to the fees levied on the principle of non-discrimination for the use of roads, motorways, bridges and tunnels which are subject to payments.
Article 9
Duties of transport operators
Transport operators and their vehicle crews have a duty, when operating in the territory of the other Contracting Party, to comply with the laws and regulations in force in that territory.
Article 10
Violation of provisions
1. In the event of any violation of the provisions of this Agreement by a vehicle or driver of one Contracting Party when in the territory of the other Contracting Party, the competent authority of the Contracting Party in whose territory the violence occurred may (without prejudice to any lawful sanctions which the courts or enforcement authorities of that Contracting Party may apply) request the competent authority of the other Contracting Party to:
a)issue warning to the transport operator in question;
b)issue such warning together with a notification that subsequent violence will lead to a temporary or permanent prohibition of access to the territory of the Contracting Partyin which the violence occurred; or
c)issue notice of such prohibition.
2. The competent authority receiving any such request shall comply therewith and shall as soon as possible inform the competent authority of the other Contracting Party of the action taken.
Article 11
Joint Committee
1. Contracting Parties shall appoint their competent authorities responsible for implementing the provisions of this Agreement within its territory and shall notify each other about it.
2. A Joint Committee is hereby established for implementing the provisions of this Agreement.
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3. The Joint Committee shall meet on request of either Contracting Party and shall compose of the representatives of the competent authorities of the Contracting Parties.
Article 12
Amendments
Any amendment of the present Agreement shall be agreed between the Contracting Parties in writing. The amendments shall enter into force according to paragraph 1 of Article 13 of this Agreement.
Article 13
Entry into force and duration of the agreement
1. This Agreement shall enter into force on the thirtieth day following the date of receipt of the second notification through diplomatic channels, by which the Contracting Parties inform each other that the requirements of their internal constitutional process, necessary for the entry into force of the Agreement have been complied with.
2. The Agreement shall remain in force unless one of the Contracting Parties gives written notice to the other Contracting Party of its intention to terminate it. This shall become effective six (6) months as of the date of the receipt of notification by the other Contracting Party.
3. By the entry into force of this Agreement, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Turkey on International Road Transport, signed in Prague on June 30, 1981, will no longer be valid as regards the relations between the Slovak Republic and the Republic of Turkey.
Done at Ankara on 11th of December 2014 in two originals, each in the Slovak, Turkish and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
For the Slovak Republic For the Republic of Turkey
Miroslav Lajcak Lütfi Elvan
Vice-Prime Minister and Minister of Transport,
Minister of Foreing and EU Affairs Maritime Affairs and Communications