Decree of the Ministry of Transport and Chief Arbiter of the Czechoslovak Socialist Republic No. 27 / 1967 Coll.
Decree of the Ministry of Transport and the Chief Arbiter of the Czechoslovak Socialist Republic on economic obligations in the carriage of goods by rail
Valid
Effective from 10.04.1967
27
DECLARATION
Ministry of Transport and Chief Arbiter of the Czechoslovak Socialist Republic
of 27 February 1967
on economic obligations in the rail transport of freight
The Ministry of Transport and the main Arbiter of the Czechoslovak Socialist Republic provides for the following economic code No 109 / 1964 Coll. and under Article 29 of Act No 51 / 1964 Coll., on Railways:
(1) Economic contracts for the preparation of carriage (hereinafter referred to as "economic contracts') shall be negotiated in the carriage of goods by rail, as a general rule, on an annual basis, with sub-filling for each quarter or month or quarterly with sub-filling for each month.
(2) The Economic Treaty is concluded when an agreement on:
(a) the quantity of goods in tonnes;
(b) the type of goods by group or sub-group;
(c) the number of units;
(d) the type of vehicle;
(e) the place (dispatch station or place of transmission of wagons on a tractor agreed in the tug contract) and the time of filling;
(f) the division of shipments into different periods of time.
(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 "carriers") by carriers only if their average monthly loading is greater than 100 units.
(2) The Ministry of Transport sets out more detailed guidelines for the conclusion of economic contracts and issues models of such contracts. *)
The carrier shall register the loading of consignments for which he has negotiated an economic contract in due time and submit them for transport. The carrier is obliged to prepare units for these consignments and accept the consignments for transport if the transport conditions are met.
(1) If, by the end of the month or other agreed period, the carrier has not prepared an agreed number of units of vehicles registered for loading, the carrier shall pay a penalty payment of 100 CZK for each unit unless the contract of sale has been higher.
The penalty is also a flat-rate compensation; This also applies in the cases referred to in paragraphs 2 and 5 (2).
(2) The carrier shall pay the same amount of penalty payment to the carrier if he does not apply and does not submit to the shipment by the end of the month or other agreed obese the agreed number of units or cancel the loading application.
(3) A monthly period shall apply to the mutual penalty of the Contracting Parties for failure to comply with an economic contract, unless otherwise agreed by the Parties.
(4) Carriers and transporters shall be exempt from liability for failure to comply with an economic contract as referred to in paragraphs 1 to 3 where it has been caused by inevitable events of a natural nature or by measures by public authorities which suspend or restrict rail transport.
(1) Carriers with which economic contracts have not been negotiated apply the requirements for transport by 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.
(2) If the carrier does not prepare the transport operator with whom 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 carriage of vehicles was agreed, the carrier shall pay a penalty of 100 Kcs per unit. The carrier shall pay the same amount of penalty payment to the carrier for the cancellation of the application for loading or non-loading of the units according to the accepted application for loading.
(3) The exemption provided for in Paragraph 4 (4) shall apply mutatis mutandis to cases where an economic contract is not negotiated with the carrier.
The carrier is obliged to provide the performance (monthly partial performance) to the extent that it has committed itself in the counterclaim to the economic contract (Appendix), 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.
Economic contracts for the carriage of goods by rail concluded before the entry into force of this decree shall be deemed to have been concluded under this decree.
This decree shall take effect on the date of its publication and shall expire on 31 December 1971. *)
Main Arbiter
Czechoslovak Socialist Republic:
v Svitavský v. r.
Minister for Transport:
Indra v. r.
*) Other conditions and guidelines for the negotiation of economic contracts are contained in the "Guidelines on the conclusion and performance of economic contracts for the preparation of transport and for the simplified application of the requirements for the carriage of goods by rail applicable to the whole network experiment in 1967" issued by the Ministry of Transport by Decree No. 130 / 46 / 1966 of the Transport and Tariff Bulletin.
*) The provisions of § 334 and 335 (1) to (3) of Economic Code No. 109 / 1964 Coll. and § 37 to 40 of the Decree of the Minister of Transport No. 132 / 1964 Coll., on the Railway Transport Regulations shall not apply to legal relations governed by this Decree.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Chief Arbiter of the Czechoslovak Socialist Republic No. 27 / 1967 Coll., on economic obligations in the transport of freight by rail |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.1967 |
|---|---|
| Effective from | 10.04.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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