Decree of the Ministry of Transport and Chief Arbiter of ČSSR No. 11 / 1966 Coll.
Ordinance of the Ministry of Transport and the Chief Arbiter of the CSSR on Economic Contracts for Road Freight
Valid
Effective from 01.03.1966
11
DECLARATION
Ministry of Transport and Chief Arbiter of ČSSR
of 12 February 1966
on economic contracts for road freight transport
The Ministry of Transport and the main arbitration of ČSSR shall, in agreement with the participating ministries and central authorities, determine, pursuant to § 8 (1) of Act No. 57 / 1950 Coll., on the modification of the road transport business and under § 395 of Economic Code No. 109 / 1964 Coll.:
Economic contracts shall be concluded in order to enhance economic cooperation between public transport organisations (hereinafter referred to as "hauliers') and transporters and to improve their economic obligations.
- long-term cooperation in road freight transport (long-term economic agreements),
- the preparation of shipments carried out during the calendar year or in a shorter period (economic contracts for the preparation of shipments).
Long-term economic contract
(1) The long-term economic contract is concluded by carriers and hauliers where economic cooperation needs to be ensured for a period exceeding a calendar year, and where the extent, importance or special nature of the shipments so requires, in particular if it is a prerequisite for the economic implementation of the long-term transfer of transport capacity, special vehicles and transport facilities, and for the realisation of construction investments at the place of loading and unloading.
(2) The long-term economic contract must contain the following basic conditions for cooperation in road freight transport:
(a) identification of the required shipments and other works and performances, in particular in terms of their special composition;
(b) the conditions under which economic contracts for the preparation of shipments will be concluded and, where appropriate, between the organisational units;
(c) whether and how the implementation of shipments will be specified during agreed periods of time, unless the organisations conclude an economic contract for the preparation of shipments.
(3) As a general rule, the long-term economic contract will contain the following information:
(a) the estimated volume of shipments and other works and performances for the whole contract period, and, where appropriate, the breakdown of such volumes during the contract period;
(b) the expected financial volume of shipments and other works and performances;
(c) the price conditions for future shipments and other works and performances, in particular the agreed flat rates, transport prices when introducing limit prices, etc.,
(d) the order of importance of the required shipments and other works and performances;
(e) volumes and types of long-term transport capacity,
(f) the quantity and type of special vehicles and equipment provided;
(g) the scope and type of the agreed construction investments at the place of loading and unloading, including the strengthening of access routes;
(h) the fitting-out of loading and unloading points, in particular their lighting and other agreed measures ensuring safety of work;
(ch) property penalties agreed in the event of non-compliance with certain obligations, such as non-use of the investments made within the agreed scope.
Economic agreement on the preparation of shipments
(1) The economic contract for the preparation of shipments provides for the smooth and economical execution of individual shipments during the contract period. In particular, the haulier undertakes to carry out, in the agreed extent and time, the transport ordered by the haulier and, where appropriate, other work and performance; the carrier undertakes, in particular, to order the execution of the shipments, or other works and performances, with the carrier within the agreed scope and time periods. The subspecifications are used to improve the timing of shipments during the contract period.
(2) The economic contract for the preparation of shipments must contain:
(a) total volume of shipments in tonnes or other units;
(b) the total volume of other work and performance in the agreed units;
(c) the breakdown of shipments by basic types of goods carried;
(d) whether, for what time periods and under what conditions, in particular within which time limits and between which organisational units the sub-specifications will be negotiated;
(e) the time and volume breakdown of the shipments in which transport is to be carried out during the contract period, unless the negotiation of sub-specifications has been agreed;
(f) the way in which shipments are carried out, including loading and unloading, in particular the type and, where appropriate, the number of means of transport and their equipment, and the provision of loading-load personnel;
(g) price conditions for future shipments and works, in particular agreed flat rates, transport prices when introducing limit prices, etc.
(3) As a general rule, the economic contract for the preparation of shipments will contain the following information:
(a) an agreement on property sanctions in the event of failure to fulfil certain obligations;
(b) the place of loading and unloading;
(c) the time of delivery and collection of the consignments, in particular during the working hours or after the working hours of the transporter;
(d) the provision and use of mechanical means at the place of loading and unloading, the equipment of loading and unloading points, the lighting of workplaces and other measures to ensure the safety of work, the guarding of the vehicle or cargo, the specific method of certification of performance, the type of packaging, the use of agreed pallets, etc.
(4) If the economic contract for the preparation of shipments does not contain an agreement on property penalties, or an agreement that non-compliance will not be affected by specific penalties, the carrier which has not carried out the transport in volume and time provided for by the contract, although the generally applicable and agreed terms of carriage have been met, *) the carrier for each tonne by which less penalty has been paid against the agreed volume, the penalty of Kčs 2, -; a periodic penalty payment of the same amount shall be paid by the carrier to the carrier if it did not require the carriage to be carried out in an agreed volume and period or did not provide for the generally valid or agreed conditions of carriage to be carried out. If partial specifications have been agreed by the economic contract, the penalty referred to in the previous sentence shall apply to the volumes agreed in those specifications.
Transitional provision
Economic contracts in the field of road freight transport concluded before the entry into force of this Order shall be deemed to have been concluded under this Order.
This Decree shall take effect on 1 March 1966 and shall apply until 31 December 1971.
First Deputy Chief Arbiter
Czechoslovak Socialist Republic:
Svitavský v. r.
Deputy Minister:
ge. Silent v. r.
*) The generally applicable transport conditions are defined by the Ministry of Transport No. 133 / 1964 Coll., on road transport schedules; However, Articles 35, 36 and 40 (1) (c) shall not apply.
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Regulation Information
| Citation | Decree of the Ministry of Transport and the Chief Arbiter of ČSSR No. 11 / 1966 Coll., on Economic Contracts in Road Freight Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.02.1966 |
|---|---|
| Effective from | 01.03.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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