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Law on Punishment of Transport Violators - 1958

LAW OF PUNISHMENT


OF TRANSPORT VIOLATORS


28 ASSAD 1337


ARTICLE 1: Transport companies and groups who are given motor vehicles on the basis of the covenant provided in their respective charters shall not sell such vehicles for three years.

Should a vehicle be sold prior to the expiration of the afore-stated three years, the perpetrator (violator) shall pay forty thousand Afghanis fine to the government. In addition, he shall be deprived as well of receiving new vehicles (i.e. trucks) and otherwise transportation assistances. Likewise, person who purchase the said vehicles without legal document shall be subject to a ten thousand Afghanis fine


ARTICLE 2: Transportation companies, groups and associations and passenger services who enter agreement to perform transportation services for government agencies and institutions shall be duty bound to accomplish the takes as provided in the agreement and in accordance with the regulation thereof, as well as to acquire the certificate of performance to that effect. Accordingly, in times of necessity for carrying food-grains, military draftees, and school students or for the fulfillment of other government services, transportation companies, groups and association shall be bound to provide the number of vehicles assigned for each company by the public. Transportation authority, in view of their capacities, and leave them at the disposal of the public. Transportation Authority at the fixed fare. In case of defiance notwithstanding the withholding of their gas (i.e. petroleum) ration and travel permits for other routes by the public Transportation Authority, each truck shall be compelled to carry the designated amount of cargo along the same route twice.


ARTICLE 3: In order to predict the proportion and volume of transportable goods (cargo)and the balance thereof, transport companies, groups and associations shall not be allowed to enter into agreement with public institutions and government agencies for transportation of goods and the fulfillment of other services without prior consent and permission of the Public Transportation Authority. Violators shall have the petroleum ration and travel license withheld.


ARITCLE 4: Each truck inside Afghanistan, whether owned by an individual, a company or a group, shall be required to obtain the Travel License books from the Public Transportation Authority’s branches in the capital or in the provinces Government vehicles shall be exempted from this provision.

REMARK: The Travel License book denotes a document shaped as printed book containing ( ) pages worth fifty Afghanis valid for one year from the date of issuance. It ascertains whether the truck belong to a transportation company, Partnership or a individual as well as determines the tonnage and maximum weight allowable therein, Likewise, the frequency of travel on a route signed and sealed by transport office in the capital or provinces, other particulars incidental to the XXXX violations and punishments shall be centered into the special court of the XXXX book.


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ARTICLE 5: A Travel License book shall be good for one year from the date issued and shall be renewed at the end of every year thereafter.


ARTICLE 6: At the end of each year owners of transport vehicles must refer to branch offices of the Public Transportation Authority for the renewal of the travel License book and newly obtain books with sealed and stamped pages.


ARTICLE 7: `Possessors of vehicles who because of reasonable excuses are unable to refer for the renewal of Travel License books within one month following termination of its valid time limit shall be exempted from fine, However, if it exceeds one month, double the price of the book shall be collected as a fine and a new book will be issued.


ARTICLE 8: An owner or the driver of every vehicle except taxis and city buses shall be required to forward their travel license books to the transport offices in the capital or provinces prior to every departure and have determined their route signed and sealed by the authorized officer.


ARTICLE 9: No cargo-carrying vehicle shall be allowed to travel inside Afghanistan without having a travel license book and without having its travel route approved by the transport authorities concerned.


ARTICLE 10: Should the owner or driver of a vehicle engage in travel without a travel license book and the matter is detected by the responsible persons or by the officers of the Public Transportation Authority, the book shall be immediately issued to the owner or the driver and double the price of the book shall be collected therefore.


ARTICLE 11: If the owner or driver of a vehicle possesses the travel license book but travels without prior approval of his route by Public Transportation Authority offices, and the incident is detected by responsible officers, he shall be subject to a line of one thousand Afghanis.


ARTICLE 12: When the owner or driver of the motor vehicle travels on a round other than the one determined by the public Transportation Authority officers, he shall be fined five hundred Afghanis by the authorized officer and shall be directed to follow the designated route again.


ARTICLE 13: A motor vehicle whose route has been specified in the respective travel license book shall be obligated to move toward its destination within 48hours, should it fall to do so without reasonable excuse and the consent of the Public Transportation Authority and without adducing necessary verification, it shall be subject to a five hundred Afghanis fine.


ARTICLE 14: Whenever the travel license book of a vehicle gets lost, the owner shall be bound to immediately inform the respective office of the Public Transport Authority of the incident, and obtain its certified duplicate for fifty Afghanis.


ARTICLE 15: When it is discovered that the possessor of a motor vehicle is carrying two travel license books having used them for the same vehicle, the driver shall pay a fine of five hundred Afghanis, and the owner a fine of one thousand Afghanis.


ARTICLE 16: The Public Transportation Authority and its branches exercise general supervision over all motor vehicles employed as taxis and city house from the viewpoint of adequate performance and the fulfillment of duties I accordance with the rules set in the regulation and the public needs.


ARTICLE 17: If a city bus or taxi violates the program set by transport offices they shall be subject to the payment of a one-hundred Afghani fine.


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ARTICLE 18: Owners and driver of transport vehicles shall be bound to pay the designated transport commission to the transport office XXXX they depart from. In case of violation, double the amount of the commission shall be collected from them.


ARTICLE 19: Five percent of the fixed fare shall be XXXX and collected as transport commission in accordance with the regulation and in consideration of the capacity determined.


ARTICLE 20: A travel permit to a foreign country can be issued only by the public Transportation Authority. No transport vehicle shall obtain a traffic pass for travel abroad with out a transport travel permit.


ARTICLE 21: To prevent the sale of transport vehicle and card of Afghanistan which travel aboard, their owners shall be bound to pay a XXXX of one hundred thousand Afghanis per truck and bus and fifty thousand XXXX per car.


REMARK: Vehicles owned by government XXXX shall be exempted from the rule provided in Article XXXX and obtain the exit permit on recommendation of their related agencies


ARTICLE 22: Vehicles traveling abroad after XXXX the travel permit from the public Transportation Authority and presenting a traffic XXXX shall be bound to return to Afghanistan within ten days following their exit and the incident be promptly reported to the respective offices of the public Transportation Authority. If the vehicle does not return to Afghanistan within the said time limit, a fine of five hundred Afghanis for every additional day shall be collected from the owner or the guarantor.


ARTICLE 23: If a vehicle does not return to Afghanistan within two months, the guarantee provided in Article 21 shall be collected from the XXXX


ARTICLE 24: Vehicles going abroad for repair, XXXX change, body change and other technical defects based on professional verifications shall be exempted from the provisions of Article 22. However, should such vehicles XXXX abroad in excess of the said period two months. they shall be subject to the provision of Article 23 of this law.


REMARK: Instances where provisions of Article 21, 22, and 23 as well as 24 become applicable shall be determined by the public Transportation Authority, and shall be implemented and carried out by the police and traffic departments.


ARTICLE 25: The public Transportation Authority shall provide a logbook for registering the number and other particulars of trucks which travel abroad in accordance with the provision of this law.


ARTICLE 26 In transportation of goods, expenses organized from carrying and loading freight on the vehicles shall be paid by the owner if the goods: and expenses caused by unloading goods from vehicle shall be borne either by the owner or the driver of the vehicle.


ARTICLE 27: In transport affairs, when the vehicle arrives at the place of delivery, after notification of the concerned party, the goods shall be unloaded from the vehicle 16 hours and a receipt given to the owner or the driver to that effect.


ARTICLE 28 In the event of violation of Article XXXX the party at XXXX whether a private person or government office or institution, XXXX pay the sum of one hundred and fifty Afghanis for each additional 24 hours to stop (delay) as compensation.


ARTICLE 29 When the vehicle reaches its destination of delivery, the agreed-upon faro shall be paid to the owner or the driver of the vehicle within the first 24 hours of its stop thereby preventing any reason for delay thereat.


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ARTICLE 30: Whenever a vehicle is delayed as the result of non- payment of the fare for XXXX than 24 hours, for each additional 24-hours delay, the compensation provided by Article 28 shall be paid to the owner or the driver of the vehicle.


REMARK: Regarding government XXXX and institution, the provision of Article 28, 29 and 30 shall be applicable only during office hours. Holidays and out-of-office hours shall not be counted. However, in the event of more than one holiday, the government agencies and institution shall try to evaluate the vehicle to the extent possible.


ARTICLE 31: Property, things and equipment entrusted to the owner or driver of a vehicle by private persons, government offices or institution for carrying from one place to another, shall be weighed and calculated in the presences of the owner, or the driver of the vehicle and the receipt shall be obtained to that effect, Claims relating to the loss of property or damage thereon between the parties shall be treated in accordance with the provision of the general commercial code.


ARTICLE 32: Public Transport representatives shall be obligated to complete the preliminary investigation of violations of the provisions of this law observed and discovered by them within 24 hours and submit it to the nearest authorized transport directorate, and shall not stop the vehicle for more than 24 hours.


ARTICLE 33: The office of the president at the headquarters of the Public Transportation XXXX and field in the centers of the provinces shall be considered as the authorized transport offices.


ARTICLE 34: preliminary investigation conducted at the headquarters of the Public Transportation Authority in Kabul and of the provinces, Hokumat-e-Ala, major districts, and districts shall be presented to the center of the respective provinces. Reappraisal and confirmation of the findings of preliminary investigation and implementation of fines accordingly shall be effected by the provincial council of Kabul other provincial councils and the administration council of the Hokumat-e-Ala.1


ARTICLE 35: The decision of authorities provided in Article 34 on the establishment and determination of offences shall be final


ARTICLE 36: All fines provided in this law shall be collectible in exchange for issuance of a XXXX XXXX No owner or driver of a vehicle can be compelled to pay a fine without obtaining the proper receipt.


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1 Hokumat-e-Ala: one of the former administrative units with jurisdiction similar to that of a province in terms of competence and relation with the central administration but smaller in its size


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