Decree No. 156 / 1971 Coll.
Decree of the Federal Ministry of Transport on economic obligations in domestic water freight transport
Valid
Effective from 01.01.1972
156
DECLARATION
Federal Ministry of Transport
of 30 November 1971
on economic commitments in national water freight transport
The Federal Ministry of Transport provides in agreement with the participating central authorities pursuant to § 24 of Act No. 26 / 1964 Coll., on Inland Navigation, and § 392 (3) of Economic Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll.:
In national water freight transport, economic contracts for the preparation of shipments (hereinafter referred to as "economic contracts') shall be negotiated by public transport organisations (hereinafter referred to as" carriers') with carriers:
- 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 with transporters where economic cooperation needs to be ensured for a period exceeding a calendar year and where the extent, importance or specific nature of the transports so requires, in particular if it is a prerequisite for the economic implementation of the transports of long-term relocation of transport capacities, special vehicle measures 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 will be concluded, where appropriate between the organisational units, or whether and how the implementation of the shipments will be specified during the agreed periods of time, unless the 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, 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) 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) the fitting-out of loading and unloading points, in particular their illumination and other agreed measures ensuring safety of work;
(f) property penalties agreed in the event of failure to fulfil certain obligations, such as non-use of the investments made within the agreed scope.
Short-term economic contract
(1) In a short-term economic contract, the carrier undertakes to carry out, to the extent and time agreed by the carrier, the transport and, where appropriate, other work and performance. 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) the total volume of shipments in tonnes or other units or, where appropriate, the total volume of other works and performances in the agreed units;
(b) breakdown of shipments by type of consignments transported;
(c) 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;
(d) the time and volume breakdown of the shipments in which the shipment is to be carried out during the contract period, unless the negotiation of the sub-specifications has been agreed;
(e) place of loading and unloading;
(f) the price conditions of future shipments, works and performances.
(3) A short-term economic contract may also include:
(a) an agreement on property sanctions in the event of failure to fulfil certain contractual obligations;
(b) the method of carrying out shipments, including loading and unloading;
(c) the time of submission and collection of consignments.
(4) If the short-term economic contract does not contain an agreement on property penalties, the carrier which does not deliver the means of transport in volume and at the time fixed by the economic contract, although the generally binding and agreed terms of transport *) of the carrier for each tonne by which less than the agreed volume has been transported, shall pay a penalty of Kčs 1, -. A penalty of the same amount shall be paid by the carrier to the carrier if he did not request the shipment in an agreed volume and period or did not provide 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.
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 as a result of measures of a public authority.
This decree shall take effect on 1 January 1972.
First Deputy Minister:
Prof. Dr. Staré v. r.
*) General mandatory transport conditions are laid down by the Ministry of Transport No. 134 / 1964 Coll., on the Transport Regulations of Water Transport.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No 156 / 1971 Coll., on economic commitments in domestic water freight transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1971 |
|---|---|
| Effective from | 01.01.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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