Decree No. 141 / 1976 Coll.
Decree of the Federal Ministry of Transport on road haulage
Valid
Effective from 01.04.1977
141
DECLARATION
Federal Ministry of Transport
of 17 November 1976
on the extraction of road freight vehicles
The Federal Ministry of Transport provides in agreement with the participating central authorities pursuant to § 8 (1) of Act No 57 / 1950 Coll., on the treatment of road transport business, and for the implementation of § 13 (6) of Decree No. 36 / 1951 Coll., implementing the Act on the treatment of road transport business:
Strong goods vehicles of a useful weight of 5 tonnes or more which are not double-loaded from at least 60% of their useful weight or volume shall not be permitted to carry costs if transport in one direction exceeds the territorial circumference of one district and the transport distance of 70 km unless otherwise specified in Section 8.
(1) The vehicle operator intending to carry out the transport referred to in Section 1 is obliged to notify the intended shipment to an 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 notification referred to in paragraph 1 shall be made to the extraction point in whose circumference the exit point of the vehicle is located, as far as possible, so that the recovery point takes place not later than three working days before the date on which the transport is to take place. This period shall not apply if there is an unforeseen shipment to be carried out without delay because otherwise the operation of the production or activity of the organisation or of the public supply or of other important public interest would be jeopardised; In this case, the vehicle operator shall notify the extraction site before it is started. If unforeseen transport according to the previous sentence has to be initiated outside the working time specified for the recovery service, the vehicle operator shall make the notification as short as possible.
(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 and the address of the consignee;
(d) the date on which the transport is to be carried out and the estimated day of return;
(e) the possibility of handling trailers and semi-trailers;
(f) their banking links or, where appropriate, the banking links between the consignor and the consignee.
(1) The extraction site shall communicate to the vehicle operator who has made the notification referred to in the first sentence of Paragraph 2 (2) how the vehicle will be loaded and shall communicate the necessary data to him. The communication shall be made in such a way that the vehicle operator is notified no later than 10 o'clock on the day preceding that on which the shipment is to be carried out and, if the operator makes the notification no later than the first sentence of paragraph 2 (2), no later than 10 o'clock on the third working day following that on which the notification was made. The shipments notified in accordance with the second and third sentences of Paragraph 2 (2) shall take the extraction point into the register and shall communicate to the vehicle operator the entry in the register and, as far as possible, give instructions for the loading of the vehicle.
(2) The vehicle operator shall be obliged to take over for the carriage the cargo through which the vehicle is loaded; the acceptance of such cargo may be refused only;
(a) where the place of loading or unloading of the intermediate cargo is outside the municipalities where the exit of the vehicle is located, the place of loading and the place of unloading of the vehicle's own cargo, and at the same time taking over the intermediate cargo would be an extension of the road by more than 15% in one direction;
(b) if the conditions laid down for refusal of carriage by road are fulfilled, 1)
(c) where the carriage of intermediate goods is prevented by other provisions, such as hygiene, or if the vehicle by its transport could be contaminated or damaged;
(d) where the transport of the intermediate cargo requires the use of a vehicle of specially equipped or specific expertise of personnel which the vehicle operator cannot provide for the required transport.
(3) The extraction site may agree with the vehicle operator who has made the notification pursuant to Paragraph 2 (2) that its cargo will be transported by another vehicle operator; If an agreement is reached, the extraction site shall communicate to both parties the information necessary to carry out the shipment (Section 2 (3)).
(4) If the extraction site cannot ensure the loading of the vehicle within the period laid down in the second sentence of paragraph 1, it shall immediately issue a certificate to the vehicle operator; This certificate shall be kept by the driver of the vehicle while the vehicle is being transported and reported to the inspection authorities. The indication of the extraction point of withdrawal in the register of the notification made by the vehicle operator in accordance with the second sentence of Article 2 (2) shall be recorded by the vehicle operator in the vehicle traffic and performance record; If the notification made in accordance with the third sentence of Article 2 (2) is made, the vehicle operator shall do so retrospectively.
Notifications of notifications referred to in paragraphs 2 and 3 may be made in writing, telex, telegraphic, telephone or oral form. The written notification, telephone and oral notification and communication shall be endorsed in writing at the request of the tenderer.
(1) The road transport rules, with the exception of the provisions on the ordering of carriage, and the carriage of goods by road for domestic transport, shall apply to carriage for foreign purposes carried out under this Decree.
(2) The operator of the vehicle which takes over the cargo referred to in Article 3 (1) or (3) shall have the status of a public haulier when carrying out such transport.2)
Transport of goods for hire or reward, brokered by a mining site under this Order, shall not be subject to an authorisation which would otherwise be required under the Specific Regulation.3)
(1) The extraction site shall charge the vehicle operator for the provision of cargo at the level specified in the relevant price regulations.
(2) If the carrier withdraws a shipment agreed with the extraction site or does not prepare a cargo or its loading or unloading in good time, the carrier shall be obliged to reimburse the vehicle operator for the expenses incurred in connection with the futile shipment or its delay.
(3) If the vehicle operator does not carry out a shipment agreed with the extraction site, it shall reimburse the carrier for the costs incurred in preparing the load for transport.
(1) The prohibition laid down in Article 1 does not apply to shipments for which the extraction site could not be used (§ 3 (4)) and to shipments notified to the extraction site under § 2 (2), second and third sentences.
(2) This Decree does not apply to the carriage of costs,
(a) justified by an emergency;
(b) perishable meat, meat products, edible fats, milk and milk products, fresh fruit and fresh vegetables;
(c) for which special or specially prepared vehicles, such as tanks, refrigerators, opendrons, vehicles for the transport of clothing on straps, etc., are required;
(d) in the case of repeated collection and distribution, where appropriate, according to their respective plans;
(e) abroad and abroad,
(f) vehicles of the armed forces, armed corps, fire protection corps, People's militia, civil defence and the Union for cooperation with the military in the performance of their duties;
(g) vehicles used solely for test purposes;
(h) carried out by order of the administrative authority.4)
(3) Furthermore, this decree does not apply to vehicle journeys to and from repair.
This decree shall take effect on 1 April 1977.
Minister:
Ing. Blažek v. r.
1) Decree No. 133 / 1964 Coll., on Road Regulations.
2) § 168 of Economic Code No. 109 / 1964 Coll. (full version No. 37 / 1971 Coll.).
3) Article 15 of Decree No. 36 / 1951 Coll., implementing the Act on the treatment of road transport business.
4) Article 8 (2) of Act No 57 / 1950 Coll., on the treatment of road transport business, and Article 22 of Government Decree No. 36 / 1951 Coll., implementing the Act on the treatment of road transport business.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No. 141 / 1976 Coll., on the extraction of road freight vehicles |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.1976 |
|---|---|
| Effective from | 01.04.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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