Decree of the Ministry of Transport and Communications No. 3 / 1962 Coll.
Ordinance of the Ministry of Transport and Communications on the Management of Truck Transport by National Committees
Valid
Effective from 01.03.1962
3
DECLARATION
Ministry of Transport and Communications
of 16 January 1962
on the management of road freight transport by national committees
The Ministry of Transport and Communications provides in agreement with the competent central authorities and regional national committees pursuant to § 8 (1) of Act No. 57 / 1950 Coll., on the modification of road transport business:
Preliminary provisions
(1) The highly developed economic and cultural life in our Socialist Republic and the fulfilment of the planned tasks in the development of industry, construction and agriculture require that the freight car transport carries out the tasks resulting from the national economic development plan in a good, economical and timely manner. Therefore, its management is regulated in accordance with the extended powers and responsibilities of the national committees.
(2) On the basis of the State Plan for the Development of the National Economy, the national committees manage the road freight transport
transport plan,
organisations for the extraction of vehicles for the carriage of goods by car,
transport systems and special transport adjustments.
Planning of carriage of goods by car
Transport plans shall be drawn up as five-year and annual plans according to the planning rules.
(1) Public transport organisations and operators of scheduled works *) are obliged to report to the Regional Transport Centre for the compilation of a monthly transport summary:
(a) the organisation of public transport (undertakings for their plants), in particular the volume of shipments on which the economic contracts are concluded in the month in question, * *) and the volumes of other transported goods for which the economic contracts have not been concluded. The content of the report shall be determined by the Regional Transport Centre after consultation with the relevant public transport organisation,
(b) the operators of the planned service and the types of transport which they provide in the month concerned by their own service. The content of the report shall be determined by the Ministry of Transport in agreement with the participating ministries and central authorities. * * *) The report shall be submitted according to the basic planning units of the organisation, namely the branch of the regional transport centre in which transport is to be started.
(2) Organisations shall submit the reports referred to in paragraph 1 no later than the fifth day before the beginning of the month to which the report relates. At the invitation of the Regional Transport Centre, organisations shall be required to allow for consultation of the reports' supporting documents and to provide further information and explanations on the need for and security of shipments, in particular on the progress of the conclusion of economic contracts in road freight transport, the negotiation of partial specifications of such contracts and the performance of contractual obligations.
(3) In justified cases, the Regional Transport Centre may simplify the content of the notification provided for in paragraph 1 (b) and, exceptionally, exempt the operator of the racing service from this obligation.
Transport systems and special transport arrangements
Excluded transport
(1) In order to make road freight transport economically viable and to apply a higher degree of organisation of transport work, ČSAD is reserved for certain types of transport; the performance of the production, supply and marketing tasks of the organisations must not be jeopardised.
(2) Reserved shipments may be introduced for all types of costs or for some of them for shipments.
(a) from a specific source;
(b) between designated points;
(c) in a given circuit.
(1) The reserved shipment, if it does not exceed the territory of one district, is declared by the District National Committee, in other cases the Regional National Committee, after consulting the participating District National Committees. If the designated places between which reserved transport is to be declared are located, in different regions or if the designated perimeter exceeds the reserved transport of territory of one region, the reserved transport shall be declared by the participating Regional National Committees, after prior agreement on the same date.
(2) The reserved transport is always declared after consultation with the main suppliers, customers and carriers.
(3) In exceptional cases, the National Committee which announces the reserved transport may allow an exemption only if it is for the applicant's own use (for example, transport by its own means of transport for the purposes of individual housing, construction by self-help, use of port-to-port journeys of vehicles of a participating carrier from the garage to the workplace, etc.). However, the exemptions allowed must in no way interfere with the organisation of ČSAD's operations.
(4) The reserved transport decree shall be published at least 30 days before its effective date; where the cases referred to in Paragraph 18 (1) are concerned, the reserved shipment may be declared only on the date on which the amendments to the plan may be made.
The decree shall contain in particular:
(a) reserved types of transport, indicating the place of collection and, where applicable, delivery, and the designation of ČSAD required by the provision of the reserved transport;
(b) the date of introduction of the reserved transport;
(c) the obligations of the undertaking implementing ČSAD to ensure smooth transport;
(d) the prohibition on the carriage of vehicles by other holders and, where appropriate, the exemption provisions referred to in the preceding paragraph;
(e) the provision of claims in reserved transport in transport plans, property penalties resulting therefrom, or other arrangements and agreements which create the conditions for the smooth operation of the reserved transport.
(5) The National Committee which has declared the reserved carriage may abolish it if there are serious economic reasons, in particular if the conditions under which the reserved shipment was introduced are not met. When the reserved transport is cancelled, the national committee shall also abolish the measures taken pursuant to Paragraph 18.
(1) In examining the assumptions for the introduction of the reserved transport, the national committee shall in particular take into account:
(a) whether or not the conditions for the introduction of reserved transport are created in order to achieve economic economy from an overall standpoint;
(b) whether the transport distance, the nature of the substrate, its production (quantity and regularity) and consumption (deployment of beneficiaries) will enable the economically advantageous introduction of cyclic vehicle circulation;
(c) whether there are possibilities for the introduction and use of mechanisation equipment in loading and unloading operations.
(2) The implementation of the reserved transport takes place on the basis of detailed conditions agreed between ČSAD's undertaking (s), supplier (source holder) and customer (s). The conditions shall be approved by the declaring national committee at the same time as the declaration of the reserved shipment. The terms and conditions shall in particular agree on the taking-over of costs, weighing, the minimum and maximum volume of transport, the working time of loading and, where applicable, the unloading of vehicles, the use of mechanisation, access to the workplace, lighting, safety of work, transport orders, place of delivery, invoicing and payment of import and ancillary compensation, measures in the event of failure of operating equipment, the use of telecommunications and social equipment, garages, storage facilities, adjustment of access roads, etc.
(1) If this is required by the scope of the transport performance taken over by ČSAD, a transfer shall be made to the management of vehicles used solely by existing carriers for the transport of those types of costs which were included in the reserved transport. Where existing carriers have also used their vehicles for the transport of other types of costs, only that part of the fleet corresponding to the ratio of the volume of carriage of reserved types of costs to the total volume of transport of costs shall be transferred, taking into account the transport distance and the workload.
(2) The transfer of the basic funds referred to in paragraph 1 and other parts of the plan shall be subject to an agreement between ČSAD and the current carrier. The National Committee will identify ČSAD's possible workforce and own costs savings.
(3) If the agreement referred to in the preceding paragraphs is not reached, it shall decide in at least the last three months before the introduction of the reserved transport on the basis of an analysis of the performance of motor vehicles with existing carriers.
(a) the district national committee, if the organisation submitting the shipment is managed by the district or local national committee;
(b) the Regional National Committee, in other cases, in agreement with the competent central authority, if it has a management organisation.
Regular freight lines
(1) The cost-effectiveness of road freight transport can be achieved by introducing regular freight lines between certain places with a fixed timetable (hereinafter referred to as "scheduled services'). The introduction of regular transport shall not preclude the execution of shipments between designated points outside such transport.
(2) The establishment of a regular freight line is hereby declared by the National Committee; At the same time, the undertaking or, where appropriate, the public transport undertakings responsible for its procurement shall declare the time limits and the place for reporting and collecting the cargo.
(3) The competent district national committee shall be responsible for the publication if the places listed in the timetable are located in the territory of one district, in other cases the regional national committee; if there are places on the territory of two or more regions, the regional national committees concerned shall declare regular carriage by mutual agreement on the same date.
Declared transport between two locations
(1) The economic efficiency of freight transport management can be strengthened by extending the scope of transport management centres between two locations to a distance of up to 50 km. The transport management according to the previous sentence shall not apply to the driving and transport of costs to and from the places on the line between the designated points.
(2) The extended scope of the centres referred to in paragraph 1 shall be declared by the Regional National Committee, if both are located in the territory of one district, in other cases the Regional National Committee. If the designated places are located on the territory of two counties, they shall declare the extended competence of the centres of the regional national committees of the two counties by mutual agreement on the same date.
Final provisions
(1) The fulfilment of the obligations imposed by this decree is monitored by the national committees and centres and, where appropriate, by the cooperation of the public security authorities. In order to fulfil their control and recovery obligations, centres may set up inspection posts and auxiliary workplaces.
(2) The provisions of this Order shall not apply to vehicles of armed corps, fire protection and representative offices.
The Ministry of Transport and Communications may, in agreement with the Regional National Committees, entrust the coordination of the activities of the Regional Centres, the provision of extraordinary tasks of a supranational scale and the operational management of transport of an supranational nature directly to the special organisation.
(1) Orders are repealed
(a) No 187 / 1954 Ú. l. (No 210 / 1954 Ú. v.), on the management of road freight transport,
(b) No 206 / 1954 Ú. l. (No 230 / 1954 Ú. v.), on reserved carriage of goods by car.
(2) Furthermore, the Transport Planning Directives published in the Tariff Bulletin are repealed. *)
(3) The provisions of Decree No 83 / 1957 of the Ú. l., on public goods transport planning, do not apply to public goods transport.
This Decree shall take effect on 1 March 1962.
Minister:
Dr Hlasák v. r.
Příloha č. 1
Annex No 1
Příloha č. 2
Annex No 2
*) Decree No. 198 / 1953 Ú. l., Decree No. 251 / 1953 Ú. v. as amended by Decree No. 32 / 1955 Ú. l.
* *) § 2 of Decree No C 7 / 7 / 1961 of the Tariff Bulletin.
* * *) § 9 and 10 of Decree No 214 / 1958 Ú. l.
*) Tariff Gazette, Decree No C 7 / 7 / 1961.
*) Tariff Gazette No 42 of 1958 C 25 / 42 / 1958 with addendum No 44 of 1959 C 26 / 44 / 1959 and No 27 of 1960 C 19 / 27 / 1960.
*) Article 64 (1) (b) of the Guidelines of the State Planning Commission No 55 / 1965 Coll.
* *) Decree No. 11 / 1966 Coll., on Economic Contracts for Road Freight Transport.
* * *) This adjustment will be published in the Transport and Tariff Journal of the Ministry of Transport.
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Regulation Information
| Citation | Ordinance of the Ministry of Transport and Communications No. 3 / 1962 Coll., on the Management of Truck Transport by National Committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.01.1962 |
|---|---|
| Effective from | 01.03.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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