Decree No. 157 / 1971 Coll.
Ordinance of the Federal Ministry of Transport on economic obligations in the carriage of goods by rail
Valid
Effective from 01.01.1972
157
DECLARATION
Federal Ministry of Transport
of 16 December 1971
on economic obligations in the rail transport of freight
The Federal Ministry of Transport provides in agreement with the participating central authorities pursuant to § 29 of Act No. 51 / 1964 Coll., on Railways, and § 392 (3) of Economic Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll.:
(1) In the case of rail freight, economic contracts for the preparation of carriage of railway freight (hereinafter referred to as "economic contracts') shall be negotiated, as a general rule, on an annual basis for each quarter or month, or on a quarterly basis for each month. In the case of rail freight transport, long-term economic contracts may also be concluded with partial performance for each year.
(2) The economic contract must contain:
(a) the quantity of goods in tonnes;
(b) the type of goods by group or subgroup;
(c) the number of units;
(d) the type (s) of vehicle,
(e) filling points (dispatching stations or wagon submission points agreed in the tug contract);
(f) the period of performance;
(g) the distribution of loading into individual periods.
(3) Economic contracts are negotiated in such a way that the distribution of shipments is as uniform as possible.
(1) Economic contracts are normally negotiated with railway administrations (hereinafter referred to as "hauliers") by transporters only if their average monthly loading is greater than 100 units of vehicle or if mainly export consignments.
(2) Carriers with which economic contracts have not been negotiated apply the transport requirements for loading applications. The carrier shall confirm to the carrier the agreed extent of the shipment in the loading application and take the consignments so agreed for transport if the transport conditions are met.
The carrier shall register the loading of consignments for which he has negotiated an economic contract and submit them for transport within the specified time limits. The carrier is obliged to prepare units for these consignments and accept the consignments for transport if the transport conditions are met.
If the carrier makes a counterclaim to the draft economic contract (Appendix), it shall provide the performance (monthly partial performance) to the extent that it has undertaken to do so in the counterclaim, even if the carrier has not agreed to the counterclaim. Pending the resolution of the dispute, it is considered that an economic contract has been concluded within the scope of this counterclaim, but up to the maximum amount of the carrier's request. Partial performance shall not preclude further performance. Any major discrepancies concerning the level of the requirement arising from the conclusion of economic contracts shall be discussed by the central authorities of the carrier and the transporter.
(1) If the carrier is not prepared by the end of the month or other agreed period for the carrier with which the contract has been concluded, the carrier shall pay a penalty payment of 100 CZK for each unit, unless the contract has been negotiated by a higher penalty payment.
(2) If the carrier does not prepare the carriers with which the economic contract has not been negotiated, the units required and the carrier accepted under the loading application within 7 days of the date on which the vehicle units were set up, the carrier shall pay a penalty of 100 Kcs for each unit.
(3) The carrier with whom he has entered into an economic contract shall pay a penalty of 100 CZK for each vehicle unit if he does not apply and does not submit the agreed number of units by the end of the month or other agreed period or cancels the loading applications.
(4) A carrier with which an economic contract has not been concluded will pay a penalty payment of 100 CZK for each vehicle unit for the cancellation of the application for loading or non-loading of the vehicle units according to the accepted loading application.
(5) Where the agreed volume of transport in tonnes is met, the periodic penalty payments referred to in paragraphs 1 to 4 above shall not apply.
(6) The extent of compensation is limited to the amount of the periodic penalty payment.
(1) A monthly period shall apply to the mutual penalty of the carrier and the carrier for failure to comply with an economic contract, unless otherwise agreed in the contract.
(2) Carriers and transporters shall be exempt from the obligation to pay periodic penalty payments pursuant to the provisions of Section 5 of this Order, if any, if the economic contract is not complied with, or if the application for loading or non-loading of units is cancelled, as provided for in the application for loading as a result of irrevocable events of a natural nature or as a result of measures of a public authority suspending or restricting rail transport. *)
This decree shall take effect on 1 January 1972. * *)
Minister:
Dr Ing. Shutka v. r.
*) § 8 zl. No. 132 / 1964 Coll., on Railway Transport Regulations.
* *) The provisions of § 334 and 335 (1) to (3) of Economic Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll. and § 37 to 40 of the Decree of the Minister of Transport No. 132 / 1964 Coll., on Railway Transport Regulations, shall not apply to legal relations governed by this Decree.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No. 157 / 1971 Coll., on economic obligations in the carriage of goods by rail |
|---|---|
| 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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