Decree of the Federal Ministry of Transport No. 139 / 1980 Coll.
Decree of the Federal Ministry of Transport on road haulage
Valid
Effective from 01.01.1981
139
DECLARATION
Federal Ministry of Transport
of 16 September 1980
on the extraction of road freight vehicles
The Federal Ministry of Transport provides in the agreement with the participating authorities pursuant to § 57 of Act No. 68 / 1979 Coll., on Road Transport and National Shipbuilding ("the Act '):
(1) An organisation which carries out transport on its own behalf (hereinafter referred to as the "transport operator") may carry out transport over a distance of more than 50 km by a goods vehicle of a useful mass of 1,5 tonnes or more (hereinafter referred to as "vehicle"),
(a) if the vehicle is loaded with a load in both directions of travel, at least 70% of the rolling stock, a folding and universal box vehicle at 55% of its useful mass or loading area; or
(b) if two-way vehicle utilization has not been achieved, even by the procedure laid down in Sections 3 and 4.
(2) The transport of costs between locations (territorial districts) designated and notified by the Regional National Committee in the Transport and Tariff Bulletin may be carried out only by the Czechoslovak State Car Transport Organisation.
This decree does not apply to:
(a) carriage by special or specially modified vehicles;
(b) transport necessary to avert the immediate threat to human life or health;
(c) transport by Czechoslovak state car transport organisations in transport systems;
(d) repeated transport of goods from the same place to different places of the designated area (delivery) and from different places of the designated area to the same place (removal) according to an agreed or specified timetable; the competent central authorities are required to ensure coordination of such shipments;
(e) carriage carried out in a freight taxi service;
(f) the transport of live animals, perishable goods, the guarantee period of which is less than three days from the date of manufacture and agricultural products of primary production;
(g) international transport;
(h) transport by vehicles solely used for testing purposes; the driver is obliged to submit a certificate of approved organisation to the control authorities;
(i) vehicle journeys to and from repair;
(j) freight transport for maintenance of motorways, roads and local roads and for maintenance of railway lines and railway installations;
(k) carriage carried out under Section 56 of the Act and carriage carried out for civil defence purposes and by the Union for cooperation with the military in the performance of its tasks;
(l) transport by order of the national committee. 1)
(m) the transport of explosives, the transport of food goods and the transport of goods which require special cleaning or disinfection of the vehicle before carrying out further transport,
(n) a journey of more than 50 km between the place of landing and the place of further loading, provided that the proportion of that distance over the total distance travelled by the vehicle in both directions does not exceed 20%.
(1) The transport operator intending to carry out a transport operation over a distance of more than 50 km in one direction, where the conditions laid down in Paragraph 1 (1) (a) are not met, shall notify the organisation which, under the responsibility of the Regional National Committee, carries out the brokering of road transport operations (hereinafter referred to as the "extraction site").
(2) The transport notification referred to in paragraph 1 shall be made to the extraction point in whose area of operation the exit point of the vehicle is located, in such a way that the recovery point takes place no later than 10 o'clock on the second working day before the date on which the transport is to take place.
(3) The notification shall specify in particular:
(a) the type, type, payload, registration number and equipment of the vehicle to be carried out;
(b) the type, weight and dimensions of the load and the type of packaging;
(c) the place and manner of loading and unloading, the address of the consignor and the consignee;
(d) the possibility of handling trailers and semi-trailers;
(e) the date on which transport is to take place and the estimated day of return;
(f) the payer's bank connection;
(g) any reasons for which transport must be carried out by the vehicle in its management, ownership or use.
(1) The extraction site shall notify the transport operator who has made the notification pursuant to § 3 (1) to (3) of how the vehicle will be loaded and other necessary data. The notification shall be made in such a way that the transport operator is made no later than 10 o'clock on the working day preceding the day on which the transport is to take place.
(2) The transport operator shall be obliged to take over for the carriage the cargo through which the vehicle is loaded. Transport operator may refuse cargo only
(a) if the conditions for refusal of transport laid down in the road transport rules are fulfilled,
(b) where the carriage of the intermediate goods is prevented by other provisions 3), or where the vehicle or cargo could be damaged or excessively contaminated by its transport;
(c) where the transport of the intermediate cargo requires the use of a vehicle of a specially equipped or specific expertise of personnel which the transport operator cannot provide for the required transport;
(d) where the place of loading or unloading of the intermediate cargo is outside the municipalities where the exit point of the vehicle, the place of loading or the place of unloading of the cargo of the vehicle is situated and would at the same time entail an extension of the road by more than 15% in one direction.
(3) If the extraction site cannot ensure the loading of the vehicle within the time limit set out in paragraph 1, it shall notify the transport operator of the fact that it has entered its notification into the register and of any other necessary disposition.
(4) Before starting the journey, the transport operator shall record in the record of the operation of the vehicle the data notified to it by the extraction point.
(1) The transport operator who takes over the cargo through the extraction site for transport shall have the status of a public carrier in respect of transport operations. 5)
(2) The road transport rules shall apply to shipments carried out under this Order, 6) except for the provisions on the ordering of transport.
(1) Where the organisation does not have a cargo shipment secured by a vehicle which is in the management, ownership or use of the vehicle or by an authorised carrier (hereinafter referred to as the "holder of the load ') and where the cargo is to be transported over a distance of more than 50 km in one direction and which can be used to load another vehicle, it shall notify the need for transport to the nearest extraction site.
(2) The notification of the shipment referred to in paragraph 1 shall be submitted to the extraction site in whose area of activity the cargo is located so that it is located no later than 10 o'clock on the second working day before the date on which the shipment is to take place. In the notification, the holder of the cargo shall indicate the information set out in § 3 (3) (b) to (f).
(3) The extraction site shall provide for the carrying out of the transport of costs preferably by semi-trailer and trailer sets. The extraction site shall notify the holder of the load at the latest within 12 hours of the working day preceding the day of transport, when and by which vehicle the load will be carried or that it cannot secure the transport of the reported cargo within the required time limit and shall agree on a further disposition.
(4) The holder of the load shall only surrender the cargo to the driver of the vehicle to which the extraction site is to be notified; refuse to surrender the load only if the vehicle to be carried out does not comply with the conditions laid down in the road timetable.
Notifications under this Order may be made in writing, telex, telegraph, telephone or oral. Upon request of the tenderer, the telex, telephone and oral notification shall be endorsed in writing.
(1) If the driver of the vehicle does not receive a load which should be carried by the vehicle according to the layout of the extraction site, he shall contact the local or nearest loading point which, as far as possible, will ensure the replacement loading of the vehicle.
(2) In the vehicle traffic record, the driver shall record for what reason the original transport was not carried out and the data relating to the replacement transport.
Road freight transport through the extraction site may be carried out without the permission of the administration body prescribed in § 25 (2) of the Act.
(1) The extraction site shall charge compensation for the performance carried out in favour of the transport operator and the holder of the load at a level determined in accordance with the applicable price regulations.
(2) If the holder of the load withdraws a notified extraction site or fails to prepare the cargo or its loading or unloading in good time, he shall be obliged to reimburse the extraction site for the costs incurred by him in connection with the futile preparation of the shipment or its delay; the transport operator shall pay a fee for the futile journey or, where applicable, a surcharge for waiting for the vehicle to be loaded on the road freight tariff for national transport. Where appropriate, a futile-ride supplement shall also be paid to the transport operator for waiting, the holder of the cargo or the consignee who does not issue or take over the consignment at the time and under the conditions laid down in the road transport rules. 7)
(3) If the transport operator does not carry out the transport through the extraction site, it shall replace the extraction site and the holder of the load with the costs incurred by preparing the load for transport.
If there is an unforeseen shipment which must be carried out without delay because otherwise the production or activity of the organisation or the supply of the population would be immediately jeopardised, the provisions of Section 1 shall not apply, provided that the transport operator notifies in such cases the mining site of the shipment before its implementation. Where transport must start outside the working hours of the extraction site, the transport operator shall notify the next working day in addition. The urgency and the need for transport shall be confirmed by the head of the organisation or its representative or the staff authorised to do so before the journey begins in the vehicle traffic record.
Until 31.12.1981, the provisions of the Decree apply only to vehicles with a useful weight of 2.1 tonnes or more.
(1) Exemptions from Paragraph 1 of this Order may be authorised for a maximum period of one year for serious reasons. Exemptions are permitted by the competent central administration of the Republic in matters of transport, (8) where appropriate, by the authority entrusted by it.
(2) Transport operators shall be required to have an exemption document in each vehicle to which it relates and the driver shall submit it at the request of the authorised authorities.
The Federal Ministry of Transport Decree 141 / 1976 Coll., on the extraction of road freight vehicles, is hereby repealed.
This Decree shall take effect on 1 January 1981.
Minister:
Ing. Blažek v. r.
1) Paragraph 11 (1) (a) of Act No. 68 / 1979 Coll., on road transport and national mail.
3) For example, Decree No. 154 / 1961 Coll., implementing certain provisions of the Veterinary Care Act, as amended, Communication from the Ministry of Health on the issue of Directives No. 10 / 1954 Coll., on sanitary and antiepidemic requirements for the storage and transport of consumables, Reg. No. 102 / 1954 Úl.
4) If the agreement is not reached and the transport operator does not have sufficient reasons for which the notified transport has to be carried out itself and does not agree with the proposal for a extraction site, it will propose the extraction site to the national committee to order the transport operator to restrict the operation of vehicles pursuant to § 11 (1) (b) of Act No. 68 / 1979 Coll.
5) § 12 of Act No. 68 / 1979 Coll. § 168 of Economic Code No. 109 / 1964 Coll. (as published under No. 37 / 1971 Coll.).
6) Decree of the Ministry of Transport No. 133 / 1964 Coll., on Road Transport Regulations.
7) § 50 of Decree No. 133 / 1964 Coll.
8) Act of the Slovak National Council No. 33 / 1971 Coll., on the establishment of a central body of state administration in transport matters within the competence of the Slovak Socialist Republic. Act of the Czech National Council No. 58 / 1971 Coll., on the designation of a central body of state administration in transport matters.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No. 139 / 1980 Coll., on the extraction of road freight vehicles |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.10.1980 |
|---|---|
| Effective from | 01.01.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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