Article 5. Toll roads (sections) of the Highway Act

     1. Toll roads (sections, bridges, overpasses) may be created in the Republic of Kazakhstan in accordance with the procedure established by this Law or the legislation of the Republic of Kazakhstan in the field of public-private partnership and on concessions. Control over the creation and operation of toll roads (sections) is carried out by the authorized state agency for highways.

     2. Tolls on motorways (sections) are introduced when the conditions for improved quality of travel are met to ensure a high, safe speed of traffic along their entire length.

     3. Toll roads (sections) may be created at the expense of the republican and local budgets, funds raised by the National Operator, own and (or) borrowed funds of individuals and legal entities, or on the basis of public-private partnership agreements, including concession agreements.

     A public highway of national significance (section) for the organization of toll traffic is transferred to the trust management of the National Operator or other managers of highways in accordance with the procedure established by the legislation of the Republic of Kazakhstan.  

     Tolls on a public toll road of national significance (section) are charged in accordance with the procedure and at rates determined by the authorized state agency for highways.

     4. Travel on a toll highway (section) is carried out on the basis of a contract between the user of the highway (section) and the National Operator or other managers of highways in accordance with the procedure established by the legislation of the Republic of Kazakhstan. The moment of conclusion of the contract is the moment of entry to the toll road (section). The contract for the use of toll roads (sections) between the National Operator or other managers of highways in accordance with the procedure established by the legislation of the Republic of Kazakhstan and users of toll roads (sections) is public.

     5. The money received from the collection of tolls on public toll roads (sections) of international and national significance is recorded in a separate account of the National Operator, with the exception of money collected on the basis of a public-private partnership agreement, including a concession agreement, and is used to finance expenses related to:

     1) repair and maintenance of toll roads (sections), maintenance of a toll collection software and hardware complex;

     2) the return on investments attracted for the purpose of implementing and installing software and hardware systems for toll collection;

     3) organization of toll traffic on highways (sections);

     4) purchase and maintenance of road maintenance equipment for the maintenance of toll roads (sections).

     Expenses allocated for the purposes specified in subitems 3) and 4) of part one of this paragraph shall be reimbursed from the money received from the collection of fares after reimbursement of the expenses specified in subitems 1) and 2) of part one of this paragraph.

     6. Any sources of financing that are not prohibited by legislative acts of the Republic of Kazakhstan are used for the construction of toll roads (sections).

     7. Local executive bodies are prohibited from imposing taxes, fees and payments from users of highways, the application of which is not provided for by the laws of the Republic of Kazakhstan and directly or indirectly restricts the free movement of goods and passengers.

The Law of the Republic of Kazakhstan dated July 17, 2001 No. 245.

      This Law regulates the legal, organizational and economic foundations of the state management of highways in the Republic of Kazakhstan, their construction, operation and development in the interests of the state and users of highways.

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