Decree No. 152 / 1971 Coll.
Decree of the Federal Ministry of Transport on economic obligations in road freight transport
Valid
Effective from 01.01.1972
152
DECLARATION
Federal Ministry of Transport
of 30 November 1971
on economic commitments in road freight transport
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 § 392 (3) of Economic Code No. 109 / 1964 Coll. as amended by Act No. 138 / 1970 Coll.:
In road freight transport, organisations authorised to carry out freight services for hire or reward ("hauliers') and operators of an economic contract for the preparation of carriage (" economic contracts') shall negotiate:
- long-term (longer than annual),
- short-term (generally annual with sub-specifications for each quarter or month or quarterly with sub-specifications for each month).
Long-term economic contract
(1) The long-term economic contract is concluded by carriers and transporters 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 where the economic implementation of the transport operations is a prerequisite for the long-term relocation of transport capacities, 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 include:
(a) identification of the required shipments and other works and performances, in particular in terms of their special composition;
(b) under which conditions short-term economic contracts or between which organisational units will be concluded, or whether and how the execution of shipments will be specified during agreed periods of time, unless organisations conclude short-term economic contracts.
(3) The long-term economic contract may contain the following information:
(a) the estimated volume of shipments and other works and performances for the whole contract period or the breakdown of such volumes during the contract period;
(b) the expected financial volume of shipments and other works and performances;
(c) price conditions for future shipments and other works and performances;
(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.
Short-term economic contract
(1) In the short-term economic agreement, the carrier undertakes to carry out the transport or other work and performance in the agreed extent and time by the carrier. The carrier undertakes to order the carriage or other work and performance with the carrier in the agreed extent and time periods. The subspecifications are used to improve the timing of shipments during the contract period.
(2) The short-term economic contract must include:
(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 or number of means of transport and their equipment and the provision of personnel, and, where appropriate, loading handling mechanisms;
(g) the price conditions of future shipments and works.
(3) A short-term economic contract may also include:
(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 time of the time of work or on leave or after the time of work of the transporter;
(d) equipment for loading and unloading sites, lighting of workplaces and other measures to ensure safety of work, vehicle or cargo surveillance, specific means of confirmation of performance, type of packaging, use of agreed pallets, etc.
(4) If the short-term economic contract does not contain an agreement on property penalties, the carrier which did not carry out the transport in volume and at the time fixed by the economic contract, although the generally binding and agreed terms of carriage *) of the carrier for each tonne by which less than the agreed volume was transported, shall pay a penalty of Kčs 2, -. Penalties of the same amount shall be paid by the carrier to the carrier if it has not ordered the carriage in the agreed volume and period or has not provided generally binding or agreed conditions for the carriage.
(5) Where partial specifications have been agreed by the economic contract, the penalty provided for in the preceding paragraph covers the volumes and periods agreed in those specifications.
(1) Carriers and transporters shall be exempt from the obligation to pay periodic penalty payments provided for in Article 3 if they have failed to comply with an economic contract as a result of irrevocable events of a natural nature or domestic transport as a result of measures taken by public authorities on the road transport sector. * *)
(2) Penalties need not be charged or enforced if they do not exceed 2000 CZK per month.
This decree shall take effect on 1 January 1972.
First Deputy Minister:
Prof. Dr. Staré v. r.
*) General mandatory transport conditions are laid down in Decree of the Ministry of Transport No. 133 / 1964 Coll., on road transport schedules; Paragraph 35, 36 and 40 (1) (c) shall not apply.
* *) § 8 (2) Act No. 57 / 1950 Coll., on the modification of road transport business.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No 152 / 1971 Coll., on economic obligations in road freight transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1971 |
|---|---|
| Effective from | 01.01.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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