Government Decree No. 1 / 2000 Coll.
Government regulations on the timetable for public rail freight transport
Valid
Effective from 01.07.2000
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1
GOVERNMENT REGULATION
of 22 November 1999
on the timetable for public rail freight transport
The Government orders pursuant to § 37 (7) of Act No. 266 / 1994 Coll., on Railways, as amended:
INTRODUCTORY PROVISIONS
Subject matter
(1) The Government's regulation on the timetable for public rail freight transport (hereinafter referred to as the "Railway Regulations") lays down the conditions for the carriage of goods or live animals as freight or as express goods, the conditions for liability of the carrier under the transport contract for goods or live animals, including the conditions for the performance of one transport contract by several national and regional carriers, and regulates the relations between the carrier and the consignor of the consignment, between the carrier and the consignee of the consignment and between the carriers in the performance of one transport contract by several carriers.
(2) The provisions of the Railway Regulations shall apply mutatis mutandis to the loading or unloading and transport of carriage of goods on trawls, followed or preceded by the conclusion of a transport contract for national or regional rail transport.
(3) These Railway Regulations apply to the national transport of goods by road or express services in public rail freight transport. For the international carriage of goods by road in public rail transport, the provisions of the Railway Regulations shall apply only if the international treaty, which is binding on the Czech Republic (1), has been published in the Collection of Laws.
Interpretation of certain terms
For the purposes of this Regulation, the following definitions shall apply:
(a) by means of a bill of lading, proof of the conclusion of a contract for the carriage of goods or live animals as a consignment;
(b) by means of a transport document, the conclusion of a contract for the carriage of goods or live animals as express goods;
(c) by the consignor, the natural or legal person referred to in the transport document on whose behalf the consignment is presented for transport with the relevant transport document;
(d) by the consignee, the natural or legal person indicated by the consignor in the transport document to which the consignment is addressed under the transport document;
(e) a consignment of a item or live animals presented for transport with a transport document as a vehicle consignment or as express goods;
(f) a consignment for which at least one separate carriage is required for carriage with a consignment note; empty or loaded containers or swap bodies carried on a railway vehicle and railway vehicles in an empty or unladen state which are not owned by the carrier transporting the consignment and which are submitted by the consignor for carriage with a consignment note shall also be considered as a wagon consignment;
(g) a express consignment of limited weight and dimensions which can be easily loaded and unloaded, presented for transport with a transport note and carried by designated trains by public rail passenger or freight transport;
(h) the delivery period by which the carrier undertakes to transport the consignment from the station of dispatch to the station of destination and to prepare it for take-over by the consignee;
(i) a rapid shipment of a vehicle consignment for carriage with a delivery period of at least 25% shorter than the delivery period provided for in the Railway Regulations;
(j) the person authorised by the consignor to take care of the consignment during the transport,
(k) the conditions of carriage laid down by the Railway Regulations;
(l) the contractual terms and conditions declared by the carrier, containing details of the terms and conditions.
TRANSPORT OF VEHICLES
Establishment and performance of the transport contract
(1) The transport contract shall be concluded by taking over the wagon consignment by the carrier for transport and confirming receipt of the wagon consignment by the carrier on the consignment note. The conclusion of the transport contract shall be demonstrated by a completed consignment note certified by the carrier. A loading list may be used in the national transport of mail in accordance with the Civil Code instead of the bill of lading.
(2) The completed consignment note shall be presented by the consignor for each consignment for transport. A consignment of vehicles may be presented for carriage by one consignment note and a group of wagons loaded with the same type of goods or live animals to one consignee at one destination station.
(3) The consignor shall be responsible for carrying out the obligations under the special legislation, 2) which must be fulfilled before the vehicle consignment is carried out for transport. The consignor shall be responsible for the accuracy of the particulars given by him on the consignment note.
(4) A person who, when concluding a transport contract, submits a completed bill of lading to the carrier shall be deemed to be entitled to act on behalf of the consignor.
(5) The transport of containers and swap bodies shall take place according to the conditions of carriage of goods. The consignment note shall include, in addition to the container identification number or replacement superstructure, the indication of the contents of the consignment, transported in a container or replacement superstructure, or the indication that the container or replacement superstructure is being transported in an empty state.
(1) The carriage of a vehicle consignment shall be terminated by notifying the consignee of its introduction or of the arrival of the vehicle consignment to a place intended for the purchase of the vehicle at the time of service agreed between the carrier and the consignee.
(2) The transport contract is satisfied by the issuing of the wagon consignment by the carrier to the consignee registered in the consignment note. The receipt of the consignment by the consignee must be confirmed on the consignment note.
(3) A carriage consignment may also be issued to a person other than the consignee if it is demonstrated by the full authority conferred by the consignee on the consignment note. This power of attorney shall be attached to the sampling sheet.
(4) The time limit for the collection of the consignment is reduced to 1 month for dangerous goods and 1 week for live animals and goods which are rapidly damaged. After the expiry of these time limits, the carrier shall proceed in accordance with § 2581 (1) of the Civil Code.
The consignment note and its particulars
(1) The consignment note is issued by the carrier. The consignment note consists of four parts:
(a) the original of the bill of lading to be issued at the station of destination with the consignment to the consignee;
(b) the bill of lading accompanying the consignment from the station of dispatch to the station of destination and remaining with the carrier which issued the consignment after the contract has been completed;
(c) the removal note accompanying the consignment from the station of dispatch to the station of destination and, after confirmation of receipt of the consignment, the consignee shall remain the carrier which issued the consignment;
(d) a second copy of the bill of lading issued at the station by the consignor after acceptance of the consignment for transport.
(2) The bill of lading contains:
(a) the name of the dispatch and destination station;
(b) the name and surname, date of birth and address of the consignor, if any,
(c) the trade name (s), the identification number and the registered office of the consignor, if any,
(d) the name and surname and address of the consignee, if any, and the trade name (s), the identification number, if known to the consignor and the registered office of the consignee, if applicable,
(e) the labelling of the contents of the transported consignment, including the labelling of dangerous goods;
(f) the weight of the contents of the consignment transported or any other indication of the quantity of the contents of the consignment transported;
(g) the list of documents accompanying the bill of lading;
(h) the list of documents relating to the consignment transported and not annexed to the consignment note, indicating the place of storage;
(i) the trade name, identification number and registered office of the carrier concluding the transport contract;
(j) the vehicle number,
(k) seal identification data;
(l) the date and time of conclusion of the transport contract;
(m) the delivery and delivery number of the consignment note,
(n) import charges and transport charges,
(o) confirmation of receipt by the consignee, indicating the date and time of receipt.
The particulars in the consignment note referred to in points (a) to (h) and (j) and (k) shall be completed by the consignor, the other particulars shall be completed by the carrier.
(3) The bill of lading may contain additional particulars provided for in the contractual terms of transport.
(4) The bill of lading shall be accompanied by the documents required by the administrative authorities under the special legislation2) and other documents relating to the consignment transported.
(5) The bill of lading shall be kept with the carrier in numerical order of the calendar year for at least five years from the date of completion of the transport contract.
Conditions for payment of the freight
Imports and other charges under the contractual conditions of carriage (hereinafter referred to as freight) shall be borne by the consignor, unless otherwise agreed with the carrier. If the freight consignor does not pay, the agreed method of payment of the freight bill shall be indicated.
Goods excluded from transport
(1) Goods or live animals are excluded from transport,
(a) the transport of which is prohibited under the international treaty (1) or by administrative measures, particularly for health and safety reasons;
(b) which do not fit the dimensions, masses or presentations of the required transport with regard to the equipment of the runway or railway vehicle or with regard to ensuring the safety of the operation of the runway and the railway transport;
(c) which can only be transported if the special conditions are met (§ 13) and these conditions are not met;
(hereinafter referred to as "goods excluded from transport ').
(2) Where goods excluded from the transport referred to in paragraph 1 have been submitted for transport and have not been correctly named on the consignment note and the carrier has established that they are the contents of the consignment,
(a) return the consignment to the consignor if the consignment has been detained at the dispatch station;
(b) exclude the consignment from the shipment if it has detained the consignment on the journey and inform the consignor or consignee accordingly.
Recruitment and extradition of a vehicle consignment by the carrier
(1) The transported consignment must be packed, loaded and stored in the vehicle and secured in such a way that it is protected from loss and damage and damage due to its natural nature and that the consignment does not cause damage to other transported consignments or on a wagon or on parts of the track or on the environment and that the transported consignment or part thereof does not self-move. If the carrier finds a consignment improperly stored or unsecured, it shall be entitled to refuse to conclude the transport contract.
(2) The consignment shall be handled under its responsibility and shall be secured against any damage to the shipment by the consignor. The vehicle or consignment, where appropriate and technically possible, shall be fitted with seals which, if not broken, are evidence of the non-tampering of the consignment during the duration of the transport contract.
(3) Before taking over a vehicle consignment for transport, the carrier at the dispatch station shall satisfy itself that the conditions for the conclusion of the transport contract are fulfilled, in particular:
(a) the name of the station of destination in the consignment note corresponds to the actual name of the station and the extent of the transport services provided in that station;
(b) the number of the vehicle on the consignment note corresponds to the number on the wagon in which the consignment is loaded;
(c) the required shipment of the consignment to be submitted may be initiated after it has been established that no temporary restriction or stop has been imposed on the route;
(d) according to the information on the consignment note, the permissible load mass of the consignment in the wagon, the permissible axle load and other restrictions applicable to the transport journey are not exceeded;
(e) the special conditions for the transport of certain consignments are fulfilled;
(f) according to the information on the consignment note, they are not to be used for the transport of goods excluded from the transport;
(g) the administrative arrangements to be complied with by the consignor before the consignment for transport is carried out;
(h) the bill of lading is annexed to the bill of lading.
(4) Medicinal consignments shall be carried out in the presence of representatives of the carrier and the consignee. When the carrier is transferred, it shall be satisfied that the number of the vehicle is the same as that shown on the consignment note, that circumstances indicate that the consignment has been damaged or lost and that the vehicle is not damaged. The carrier shall transmit the consignment to the consignee after confirmation of its acceptance on the removal note.
Delivery period
(1) The delivery period for the shipment of a consignment from the dispatch station to the station of destination consists of the time needed for the conclusion of the transport contract and dispatch of the consignment (hereinafter referred to as "dispatch time") and the time needed for the transport of the consignment from the dispatch station to the station of destination and its preparation to the consignee for collection (hereinafter referred to as "transport time").
(2) The delivery period shall be:
(a) for consignments of vehicles:
| 1. | výpravní lhůta | 12 hodin, | |||||||||
| 2. | přepravní lhůta - za každých i jen započatých 200 km | 24 hodin, | |||||||||
(b) for express vegetables:
| 1. | výpravní lhůta | 12 hodin, | |||||||||
| 2. | přepravní lhůta - za každých i jen započatých 400 km | 24 hodin, | |||||||||
unless the carrier agrees otherwise with the consignor on the delivery period.
(3) The delivery period shall begin from 0.00 hours on the day following the day on which the contract of carriage was concluded. The shipping time shall be counted only once by the delivery time, irrespective of the number of carriers involved, for the performance of one transport contract. The transport time shall be calculated as the total transport distance from the station sending to the station of destination. The transport distance shall be calculated in tariff kilometres.
(4) The delivery period does not elapse during the time of the arrest of the vehicle on the transport route due to the duration of the transport barrier (§ 11).
Amendment of the transport contract
(1) The transport contract for the carriage of mail may be amended on the basis of a proposal from the consignor of the consignment if he requests a consignment of vehicles.
(a) keep on the road;
(b) return to the dispatch station;
(c) issue to a person other than the consignee indicated on the consignment note,
(d) issue at a station other than the station of destination indicated on the consignment note.
(2) The consignor may withdraw from the transport contract if the consignment has not left the dispatch station.
(3) The contract of carriage may not be amended on application by the consignor where the consignee:
(a) take over the consignment;
(b) request the identification of the condition of the consignment due to damage or partial loss of the consignment.
(4) The transport contract may not be amended if the consignor's proposal to modify the transport contract would result in the consignment being split up.
Transport barriers and obstacles to the delivery of the consignment
(1) A transport barrier means a failure on a consignment or a vehicle damage which, in order to ensure the safe operation of the runway and rail transport and to ensure the safety of persons and the environment, makes it impossible to carry the consignment further; This shall be without prejudice to liability for damage caused. The transport barrier is also a circumstance for which further transport cannot be continued due to the unraveling of the runway due to a natural disaster or accident or any other unforeseen disruption of the runway.
(2) If the transport contract cannot be fulfilled for a transport barrier which has arisen between the time of the conclusion of the transport contract and which will last for more than 48 hours, the carrier shall immediately inform the consignor of the transport barrier in a demonstrable manner and request a proposal on how to load the consignment. If the consignor does not submit a feasible proposal within 48 hours of receipt of the report on the creation of the transport barrier on how to dispose of the consignment, the carrier shall terminate the shipment and proceed in accordance with Section 2581 (1) of the Civil Code.
(3) When transporting live animals or perishable goods, the carrier shall inform the consignor of the impossibility of further transport, irrespective of the duration of the transport barrier.
(4) If the transport contract cannot be met by the carrier's release of the consignment to the consignee because the consignee refuses to take over the consignment or the consignee of the consignment cannot be identified, it is an obstacle to delivery.
(5) In the event of an obstacle to the delivery of the consignment on the part of the consignee referred to in paragraph 4, the carrier shall immediately inform the consignor in a verifiable manner and request a proposal on how to dispose of the consignment. The sender will also point out that if he does not submit a feasible proposal within 48 hours of receipt of the report on the creation of the obstacle, he will proceed in accordance with Section 2581 (1) of the Civil Code.
Special conditions for carriage of goods by road
(1) Under special conditions may be transported as vehicle consignments
(a) dangerous goods;
(b) deceased persons,
(c) perishable goods;
(d) live animals;
(e) rolling stock on own wheels,
(f) waste.
(2) Shipments of exceptional size, abnormal weight or special treatment and military material7) may be transported only under the conditions contained in the agreement between the consignor and the carrier concluded separately for each shipment. This is without prejudice to the conditions for the transport of dangerous goods (Sections 14 to 16).
Transport of dangerous goods
(1) Things which may cause explosion, fire, damage to wagons, railway equipment or other objects, as well as injury, poisoning, burning or personal illness, during transport or storage, are considered dangerous. Dangerous goods are listed in the international agreement, 1) which also regulates the conditions for their transport.
(2) The national transport of dangerous goods on national and regional railways shall be carried out in accordance with the conditions applicable to the transport of dangerous goods in international rail transport provided for by the international treaty. 1)
(3) A change in the transport contract is not permitted for the transport of dangerous goods unless it is a transport barrier.
(4) For the transport of nuclear materials and radionuclide radionuclide radionuclide radionuclide radionuclide, the consignment note shall be accompanied by a transport permit in accordance with a specific legislation. 8)
(5) Any natural or legal person who is the consignor, carrier or consignee of dangerous goods referred to in paragraph 1 shall appoint a safety adviser for the transport of dangerous goods (hereinafter referred to as "safety adviser ') where the total volume of dangerous goods transported exceeds 50 tonnes per calendar year.
(1) A safety adviser is a natural person who is competent to ensure the conditions of loading, transport and unloading of dangerous goods.
(2) The conditions for obtaining the competence of a safety adviser are:
(a) full secondary education, 9)
(b) experience of at least five years in the field of the handling of dangerous goods;
(c) medical fitness, 10)
(d) carrying out an examination of professional theoretical knowledge according to the content of the test referred to in Annex 1, which is an integral part of the railway transport schedule, before a commission established by the Ministry of Transport and Communications (hereinafter referred to as the Ministry).
(3) The test shall be carried out before at least a three-member examination panel composed of experts in the field of the transport of dangerous goods. The Chairman of the Commission shall be an employee of the Ministry. The test panel shall draw up a test report including written test tests completed by the applicant and their scores. The test report shall be signed by all members of the Commission, indicating whether the applicant has benefited or not.
(4) Before carrying out the examination, the applicant shall demonstrate his or her identity to the Examination Board and provide the documents referred to in paragraph 2 (b) and (c) and proof of payment of the administrative fee. 11) The test shall be carried out in writing and orally. The applicant benefited from the test if it achieved at least 80% of the achievable score for the test. An applicant who has failed the test may apply for the repair test within three months of the examination. The repair test cannot be repeated.
(5) The applicant who has benefited from the test will receive a certificate of competence as a safety adviser for the transport of dangerous goods for rail freight. The certificate shall be issued by the Ministry in the framework of the performance of the State Transport Administration. The model certificate is set out in Annex 2, which forms an integral part of the railway transport schedule. The validity of the certificate shall be five years and may be extended for the same period after completion of the certification test with the Ministry. The attestation test shall verify, in particular, the knowledge of the holder of the certificate of amendments to the relevant legislation and the provisions of paragraphs 3 and 4 shall apply to its implementation.
In particular, the Security Adviser shall, within the scope of his or her duties:
(a) monitor compliance with the conditions for the transport of dangerous goods, propose measures to eliminate identified defects within the scope of its focus, give incentives to implement measures for compliance with the conditions of safety in transport and advise on activities related to the management of dangerous goods;
(b) prepare an annual report on the state of compliance with the conditions for the transport of dangerous goods and submit it to the legal or natural person for whom the safety adviser is active; reports shall be kept for a period of five years and submitted on request to the competent authority of the State Administration,
(c) participate in the detection of the causes of incidents which are due to the loading, transport and unloading of dangerous goods, produce reports of such incidents and propose immediate emergency measures which may jeopardise the safety of persons, property or the environment;
(d) use for its activities an information system for preventive and rescue measures in the field of mobile sources the dangers of the Ministry in the Internet information network.
Transport of deceased persons
(1) The transport of deceased persons in rail transport is carried out as a fast-moving shipment.
(2) The deceased must be sealed in a double metal casket or in a metal casket with another outer casket of wood or outer casket of other suitable material. The coffin must be secured in the anti-displacement vehicle.
(3) During transport, the consignment with the deceased must be accompanied by a guide to the consignment on the same train, unless the consignor declares on the bill of lading that he has ensured that the consignee of the wagon withdraws it immediately after reporting its arrival at the station of destination.
(4) Only funeral goods may be carried in a vehicle carrying a deceased person. More than one deceased person may be carried in one vehicle if the recipient is one person.
Transport of perishable goods
(1) Goods which are rapidly damaged by heat or cold shall be considered perishable ("easily corruptible ') items. The transport of those goods requires special measures to prevent the change in the nature of those goods, in particular to damage them, to the loss of them or to any other deterioration of the transported goods.
(2) Easily corruptible goods are transported according to their characteristics and the annual period
(a) in refrigerated vehicles with or without machinery (isothermic vehicles),
(b) in ordinary covered vehicles with supplementary cooling or heating devices to maintain a constant temperature;
(c) in ordinary covered wagons, where appropriate in view of the characteristics of the consignment transported;
(d) refrigerated (isothermic) containers.
(3) Goods chilled or frozen are presented for transport only in isothermic vehicles or refrigerated containers. The transport of frozen foodstuffs shall be subject to the conditions laid down in specific legislation. 13)
(4) It is for the consignor to decide whether goods which are easily tainable can be transported by an isothermic vehicle or an ordinary vehicle with a supplementary device to maintain a constant temperature or an ordinary vehicle without such equipment.
(5) If easily corruptible goods are presented for transport in a refrigerated vehicle or in a refrigerating container or in a vehicle with a supplementary device to maintain a constant temperature, they may also be presented as an ordinary vehicle consignment; otherwise easily corruptible items must be transferred for transport as a fast-moving consignment.
Transport of live animals
(1) Live animals may only be presented for transport as a rapid consignment. Live animals can be placed in a vehicle without boxes or in containers. Live animals shall not be transported in an open vehicle and in a vehicle without air access and shall not be transported in a vehicle in which dangerous goods or goods are loaded which may cause injury or undue stress effects.
(2) The transport of consignments of live animals is also subject to specific legislation. 2)
(3) The consignor shall, according to the type of animals transported and the transport time, ensure the care of live animals during transport, either by a guide from the dispatch station to the station of destination, or, if necessary, at appropriate stations on the transport route. The animals transported shall have sufficient drinking water and feed corresponding to the time of transport.
(4) Containers with live animals must be secured in such a way that they do not overturn during transport, are in a vertical position from the bottom down and do not expose the animals to excessive shocks or adverse climatic changes.
(5) Live animals transported without containers are transported in vehicles equipped with a drinking water container and feed space.
(6) The vehicles in which live animals are transported must bear the appropriate symbol for the transport of live animals on the wagon cabinet.
Transport of rolling stock on own wheels
(1) Railway vehicle, 14) which is not owned by the carrier transporting the consignment (hereinafter referred to as "rolling stock on own wheels") may be transported as a vehicle consignment under the following conditions:
(a) the rolling stock carried on its own wheels shall be eligible for train driving, 15)
(b) the driving rolling stock on its own wheels may be accompanied by a guide authorised by the consignor.
(2) The ability of a driving rolling stock on its own wheels to carry on a train shall be demonstrated by the consignor by his declaration of competence of the vehicle to drive on a train, 15) which shall be attached to the bill of lading.
Waste transport
(1) The provisions of specific legislation apply to the management of waste arising from their transport. 6) Only waste which is not hazardous to the environment or to human health and does not require a special treatment regime may be transported as a consignment without special measures.
(2) Dangerous wastes which are hazardous to the environment and require a special treatment regime, including those which are subject to a reinforced treatment regime, can only be transported as a vehicle consignment if the conditions laid down in the international agreement are met. 1)
(3) A change in the transport contract is not permitted for shipments of waste unless it is a transport barrier.
TRANSPORT OF COMPONENTS
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Regulation Information
| Citation | Government Decree No. 1 / 2000 Coll., on the Transport Regulations for Public Railway Freight |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.01.2000 |
|---|---|
| Effective from | 01.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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