What is Government Decree No. 37 / 1954 Coll.?

Government Decree No. 37 / 1954 Coll., issuing the Railway Transport Regulations — Regulation issuing the Railway Regulations.

When it became Government Decree No. 37 / 1954 Coll. effectiveness?

Government Decree No. 37 / 1954 Coll. became effective 01.04.1955.

Is Government Decree No. 37 / 1954 Coll. still valid?

Yes, Government Decree No. 37 / 1954 Coll. is still valid and effective.

Government Decree No. 37 / 1954 Coll. - Regulation issuing the Railway Regulatio...

37.

Government Regulation

of 12 February 1954

issuing the Railway Transport Regulations.

The Government of the Czechoslovak Republic orders pursuant to § 24 paragraph 1 of Act No. 97 / 1950 Coll., on Railways:

_

Část první.

General provisions.

§ 1.

Basic rail duty.

The basic obligation of the runways is to comply with the state transport plan for goods and passengers.

§ 2.

The obligation of runways and transporters.

Railways and transporters are obliged to organise and carry out scheduled shipments with the least cost of material means of transport and to ensure the integrity of the goods.

§ 3.

Basic provisions of the Railway Regulations.

The Railway Regulations (hereinafter referred to as "the Regulations') lay down the manner in which the State transport plan is to be implemented and regulate the rights, obligations and responsibilities of the routes which they carry out, as well as the organisations and citizens using rail transport.

§ 4.

Scope of the order.

(1) These Regulations apply to the carriage of goods, passengers, luggage and express services on national routes for public transport. These Regulations shall apply to transport on a local track only if no special transport rules have been issued for it. The rules apply to international transport only if they are not regulated by specific regulations.

(2) The carriage of goods, passengers, luggage and express services on routes for non-public transport shall be carried out in accordance with the rules applicable to such railways.

(3) The transport of goods, passengers, luggage and express services in the construction works is carried out until the final entry into service of these runways in accordance with special regulations issued by the Minister for Transport.

§ 5.

Station open for transport operations.

Routes are accepted for the transport of goods and are carried out by passengers, luggage and express services in stations and to stations opened for the requested transport. The list of these stations as well as the Directives on the establishment, operation and cancellation of stations shall be issued by the Minister for Transport.

§ 6.

Joint transport.

The transport of goods, passengers, luggage and express services involving other transport undertakings shall be carried out in accordance with the rules on combined transport.

§ 7.

Transporter runways.

(1) Railways are authorised to organise the supply of goods, luggage and express services to the consignee (to the warehouse and beyond).

(2) Routes shall be authorised to carry out shipping operations and to establish shipping offices for this purpose. Detailed regulations on the transport of mail offices and the provision of mail transport operations shall be issued by the Minister for Transport.

(3) The Minister of Transport may lay down a special procedure for taking over goods by rail from other shipping undertakings and for handing them over.

§ 8.

Tariffs for the carriage of goods, passengers, luggage and express services.

More detailed provisions on the carriage of goods, passengers, luggage and express baggage, on the payment of carriage, on the charges for ancillary operations and on tariff distances include regulations (tariffs) published in the scope and in the manner laid down by the Minister of Transport by the Regulation.

Část druhá.

Goods transport.

§ 9.

Planning for rail transport.

(1) Railways accept goods for transport as planned.

(2) Annual transport plans are drawn up by the Ministry of Transport for the whole rail network and approved by the Government as part of the national development plan for the national economy. Quarterly transport plans with a monthly schedule are approved by the Minister for Transport, which is governed by the annual transport plan.

(3) At the Ministry of Transport and at the Joint Chiefs of Railways, Permanent Advisory Councils are set up as advisory bodies for rail transport matters. The Advisory Council of the Ministry of Transport shall be composed of representatives of the Central Authorities, consultative Councils of the Joint Chiefs of Railways, representatives of the Transport Unions of the Councils of the Regional National Committees and representatives of economic organisations; the details shall be laid down in the statutes of these Advisory Councils issued by the Minister for Transport.

(4) The directives for drawing up transport plans are issued by the Minister-President of the State Office of Planning and the Minister of Transport as instructed by the Government.

§ 10.

Distribution of the transport plan by commodity.

The transport plan is drawn up according to the groups of goods laid down by the Directives (Section 9 (4)).

§ 11.

Planning of goods on wagons

The transport plan shall express the standard of carriage by number of wagons for each class of goods.

§ 12.

Allocation of scheduled transport standards.

(1) According to the monthly transport plan, the monthly scheduled standard of carriage of goods shall be allocated to each consignor.

(2) The railway chief shall assign the monthly scheduled standard to the carriage of goods in accordance with the agreed transport plan, after prior consultation in the Permanent Advisory Council for Railway Transport.

(3) The head of the railway shall distribute the monthly standard of carriage of goods in bulk to the consignor, after prior consultation in the Permanent Advisory Council for Railway Transport.

(4) The consignor of the goods shall designate directly the dispatch and destination stations.

§ 13.

Prohibition of inefficient shipments.

(1) The Ministry of Transport and Rail Management is entitled to exclude from the plans submitted by the shippers those transports which cause the uneconomical use of railway means of operation (crossing transport, unnecessarily long transport and transport over too short distances). If necessary, the government shall determine the final distance for the transport of certain goods.

(2) Those responsible for the inefficient use of transport shall be responsible for this in accordance with the general rules, in particular those of criminal or disciplinary law.

§ 14.

Standards for the transport of goods in packages.

Goods in bulk shall be accepted for transport within the limits of the special daily standards laid down by the head of the railway. These standards also provide for the loading of pieces of mail into wagons intended for such goods.

§ 15.

Acceptance of goods for carriage in packages.

(1) Goods in unit consignments are accepted for transport after the previous dispatch declaration, according to the personal decision of the station chief.

(2) Box consignments must be declared in advance at least 5 days and no later than the day before the arrival of the goods. The procedure for the acceptance of these declarations shall be laid down by the head of the railway, which shall also determine the types of goods to be accepted for transport on a monthly basis.

(3) In the interests of the proper use of the wagons, the Minister of Transport may restrict or suspend the reception of packages for carriage, provided that the transport of such consignments is otherwise handled.

§ 16.

Use of the planned standards by transporting goods in packages.

(1) The consignor is entitled to make use of the standard of carriage allocated to him (§ 12 (1) and (2)) by transporting goods in bulk; such consignments shall be included in the monthly transport plan.

(2) In such a case, the consignor may load consignments for different stations of destination in a single carriage if the vehicle runs to the first landing station at least 100 km; the head of the railway is entitled to determine a shorter distance.

§ 17.

Planned transhipment standards for goods in direct combined rail and water transport.

(1) In the monthly transport plans by rail and by water, the planned standards for the transhipment of goods in direct combined rail and water transport are determined separately for each runway and for each navigational undertaking.

(2) All goods in direct combined rail and water transport, including goods which are accepted for transhipment in small quantities, shall be translated within these standards.

(3) The planned standards for the transhipment of goods which have been included in the monthly transport plans are divided between rail chiefs and cruise managers between transfer stations and ports.

(4) In the case of goods moving from ship to runway, under an approved transport plan for a navigational undertaking, the Chief of Rail shall allocate to each port the monthly transhipment standard in agreement with the Head of the Railway Undertaking.

(5) In the case of goods moving from rail to ship, it allocates, in the framework of an approved transport plan for each transhipment station, the monthly transhipment standard of the head of the shipping undertaking in agreement with the head of the rail.

(6) The directives for the transhipment of goods, the preparation and use of wagons and the ship's premises, as well as for the use of storage rooms and open landfills, shall be issued for each transfer station by mutual agreement of the head of the seafarer's service in the port and the chief of the transfer station.

(7) Detailed rules on direct combined rail and water transport shall be issued by the Minister for Transport, which shall also specify to which transfer stations and ports the provisions of paragraphs 1 to 6 apply and from which date.

§ 18.

Transport of goods in vehicles belonging to transporters and car hire.

(1) Transport of goods in vehicles belonging to or hired by transporters shall not be included in the transport plan.

(2) Such transport is permitted by the runway chief according to the operational and transport performance of the runways.

(3) It shall be prohibited to rent wagons from the fleet allocated to carriers to meet the transport plan.

§ 19.

Five-day loading applications.

(1) The loading of goods under the monthly transport plan shall be carried out either in a manner specified directly in the plan or in the framework of the plan in a manner specified by specific conventions between the head of the railway and the consignor.

(2) In order to achieve better compliance with the work stations and plants for the fulfilment of the transport plan, the consignor shall submit to the Chief of Station an application for loading of the goods no later than 3 days before each five-day period and arrange the loading on each calendar day of that period; The five-day period shall also include working days and shall be determined by the Minister for Transport.

(3) The station chief determines the day on which to load each sender. For bulk consignments, the station chief may only determine the day of loading when the goods are delivered (Section 15).

§ 20.

No loading of goods for certain directions.

In the event of natural disasters or major accidents resulting in traffic disruption, the Head of the Railway is entitled to issue a loading ban for certain directions. This must be immediately notified to the Ministry of Transport, which also provides for the duration of the prohibition. In other cases, only the Minister of Transport may issue a loading ban; However, this prohibition on loading for a period of more than five days may be issued only with the consent of the Prime Minister. The measures of the Minister for Transport must be immediately notified to the central authorities concerned.

§ 21.

Change of dispatch station

The change of the dispatching station designated by the transport plan shall be permitted only within the perimeter of the railway management, superior to the dispatching station, if the dispatcher so requests and if the chief of dispatching station designated by the transport plan agrees; the request must be made to the Chief of the dispatching station not later than two days before the beginning of the five-day period.

§ 22.

Change in the transport standard determined by the plan, change in the type of goods and the type of wagons. Excessive application for loading of goods

(1) It shall be prohibited to enlarge or reduce the transport standard as determined by the monthly transport plan. A replacement of goods of a particular kind of goods of another kind may be permitted by the Chief of Station. The station chief may allow the placing on the market of the type of vehicle designated by the plan for the carriage of another type; However, to replace covered wagons which are open shall be permitted only for goods for which such means of transport is permitted by the relevant provisions.

(2) Those who are responsible for the application of excessive transport claims or who do not consistently declare the loading of goods contained in the transport plan shall be responsible for this in accordance with the general rules, in particular those of criminal or disciplinary law.

§ 23.

Loading concentration.

(1) Sender and runway are required to comply with the monthly transport plan as evenly as possible. However, the runway shall be entitled, if the consignor has sufficient goods for loading, to concentrate loading for the formation of integrated trains and condensed shipments within the set overall transport plan, as well as to complete the incomplete loading as planned.

(2) When allocating the monthly scheduled transport standard, the runway chief shall determine the number of complete trains; This number is binding on the sender. The plan for the formation of integrated trains according to directions shall be established by the head of the track in agreement with the consignor.

(3) The loading concentration for the formation of condensed shipments and to complete the incomplete loading is carried out by the Head of the Railway; it is obliged to take into account the highest technical performance of the consignor's loading points. The loading of goods may be concentrated up to twice the daily planned average standard, if this standard is not more than 20 wagons, otherwise not more than one and a half times the daily average standard.

(4) The concentration of loading beyond the limits referred to in paragraph 3 may be carried out only with the prior consent of the consignor.

(5) The intended concentration of loading in the forthcoming five-day period shall be fixed by the consignor's route 24 hours before the start of that period.

(6) The dispatcher station shall report on the wagon preparation above the daily standard established by the transport plan by 14 hours at the latest on the day preceding the day of the wagon preparation.

(7) Wagons which have not been prepared on time in accordance with the transport plan, but which have been replaced by the end of the month, are counted against the completion of the monthly transport plan for the shippers concerned.

(8) The carriages which the runway has prepared over the planned standard without the sender's correction and which the consignor has not loaded shall not be counted against the completion of the transport plan.

§ 24.

Import of goods into the station before the loading date.

The station chief may allow storage facilities for storing the goods to be brought to the station before the loading date (§ 19 (3)) if sufficient.

§ 25.

Railways for goods storage.

The runway may allow the carrier of the free part of the station land to temporarily use them for the storage of goods. Goods placed on these parcels shall not be considered to be goods accepted for carriage by expensive goods; They shall be supervised by the carrier.

§ 26.

Get the goods from the transporter's storage areas.

Deliver goods for transport from storage areas adjacent to stations and belonging to transporters shall be subject to regulations issued by the Minister for Transport.

§ 27.

Cargo ban.

(1) If loading for certain directions or stations has been prohibited (§ 20 and § 49 (1) (b), the railway chiefs shall issue the station with an order to stop receiving goods intended for those directions or stations.

(2) The station shall notify the stop of the receipt of the goods by means of a decree which it shall post at the freight register as soon as the order of the head of the railway has been obtained, but always no later than 6 hours before the receipt of the goods is stopped.

(3) Statements to stop receiving goods are entered by the station in a special answering machine.

§ 28.

Transport of goods by detour.

(1) Goods accepted for transport are transported by the shortest route.

(2) If difficulties arise in the transport of goods following the shortest journey, or if this is necessary for the most efficient use of means of transport, the necessary hubs may be provided for in accordance with the directives issued by the Minister for Transport.

(3) The Government determines when and which goods must be transported instead of expensive water.

§ 29.

Cargo list. Time of acceptance of goods for transport.

(1) At the same time as the goods presented for transport, the consignor shall hand over a bill of lading accompanying the goods throughout his transport journey. The goods shall be deemed to have been accepted for transport as soon as they have been accepted by the dispatch centre at the same time as the consignment note and the consignor has paid the amounts to be paid when the goods are presented for transport.

(2) The time of receipt of the goods for transport will be confirmed by the station by the stamp of the consignment note.

(3) The rules on the use of the bill of lading and the documents replacing it shall be issued by the Minister for Transport.

§ 30.

Forwarding the consignment note by the sender. Responsibility for entries in the consignment note.

(1) The consignment note shall be drawn up and signed by the consignor. Where the goods are dispatched by the authorities, undertakings or organisations, the name of the consignor's agent signing the bill of lading shall be entered on the consignment note in addition to the consignor's mark or stamp.

(2) The consignment note must be in the name of a specific consignee (consignee).

(3) The consignor is responsible for the correctness of his entries in the consignment note (Sections 76 and 77).

(4) The runway shall be entitled to review the accuracy of these entries.

(5) If the consignor so requests, the station shall issue him a receipt for the goods to be transported.

§ 31.

Packaging, condition and labelling of goods.

(1) Where the goods require packaging to be protected against loss or damage to transport, they shall be presented for transport in proper packaging which ensures the complete integrity of the goods.

(2) Where such goods are presented for transport without packaging or with packaging insufficient or inadequate to the nature of the goods, the runway shall refuse to receive the goods. If the consignor so requests, the goods shall be refused registration; a copy of the registration shall be issued to the consignor.

(3) Where goods are presented for transport in a package with only such defects for which there is no obvious risk of loss or damage to the goods during transport, the runway may accept the goods for transport, but only on condition that a record of defects in the package is recorded in the bill of lading and in the receipt of the goods for transport. The consignment note shall be recorded by the consignor and signed. The goods must be presented for transport in proper packaging at all times; Therefore, the runway rejects its acceptance, even if the packaging has only defects for which there is no risk of loss or damage to the goods.

(4) In the same way, the defective condition of the goods which do not require packaging shall be verified if the defective condition is detected when the goods are received.

(5) The Ministry of Transport may determine when registration should be made in addition to the entry on the consignment note.

(6) The consignor shall indicate the goods which he supplies for transport; the details and exceptions to the obligation to designate goods are laid down by the Minister for Transport.

§ 32.

Determine the weight of the goods to be carried.

(1) The dispatcher shall surrender the runway and accept the runway from them for the carriage of goods by weight, and, taking into account the nature of the goods, the Minister for Transport, by item. If there is no weight, the weight can be estimated.

(2) For goods loaded from station warehouses or at station tracks, the weight of the track is determined; in the case of goods loaded on trawls, on complex consignors or at other places not intended for general use, the weight of the consignor or, in agreement with the consignor, the runway shall be determined.

(3) If it is appropriate to determine the weight of the goods, the weight shall be marked by the distance on the consignment note; otherwise indicate the weight of the sender.

(4) The runway shall be authorised to review the weight of the goods declared by the consignor. If the distance has not re-tested the weight of the goods declared by the consignor and not marked in the consignment note, the weight indication shall not be evidence against the path.

(5) The Minister of Transport may designate stations where goods are accepted for carriage only according to the weight declared by the consignor in the consignment note; it may also establish a list of goods which are accepted for carriage only according to the weight thus declared.

§ 33.

Obligation to load and unload goods.

(1) Rail loading and unloading of goods

(a) at their warehouses or other storage places intended for general use;

(b) in the case of warehouses or other places in the cargo circuit of a station not intended for general use, where the average number of wagons dispatched by the same consignor or received by the same consignee does not exceed 10 per 24 hours; the average number of wagons shall be determined by the monthly number of consignments submitted or received.

(2) The charge for loading and unloading in the cases referred to in paragraph 1 (a) shall be fixed by a tariff. The conditions for loading and unloading and the level of remuneration in the cases referred to in paragraph 1 (b) shall be determined by the Convention of Railways with the shippers or recipients.

§ 34.

Obligation of the consignor and consignee to load and land the goods.

(1) The consignor is loading and the consignee is unloading the goods

(a) in places outside the station's cargo circuit not intended for general use;

(b) places in the station's cargo circuit not intended for general use, where the average number of wagons dispatched by the same consignor or received by the same consignee is more than 10 per 24 hours; the average number of wagons shall be determined by the monthly number of consignments submitted or received;

(c) without visible sight to the place where:

1. dangerous goods,

2. bulk and bulk goods or liquids in containers;

3. goods carried in complete trains made up by the consignor;

4. heavy objects weighing individually more than 500 kg;

5. goods requiring the loading or unloading of special equipment which do not have railways;

6. goods carried in vehicles belonging to or hired by transporters;

7. goods carried with guides and other goods carried under special regulations.

(2) Where the consignor is obliged to load the goods and the consignee is required to land the goods, the route may take over the loading or unloading by agreement with the consignor or consignee.

(3) Detailed provisions on the loading and unloading of goods by expensive, consignor and consignee shall be issued by the Minister for Transport, who shall also specify the time limits for disposal by the consignor and the time limits for unloading by the consignee, taking into account the types of goods.

(4) The Minister for Transport may, for a transitional period, provide that shippers are obliged to load and the consignee shall also land goods which he is otherwise obliged to load or land.

§ 35.

Reporting of the sender and the consignee on the time of the wagon setup.

(1) Where goods are to be loaded by the consignor or to be landed by the consignee, the consignor must be informed of the time when the wagons are ready for loading and the consignee of the time when the wagons are ready for unloading by telephone or by other means specified by the Minister for Transport.

(2) At the end of the specified loading or unloading periods, the runway may unload the goods from the wagons to the consignor's or consignee's account.

(3) The station shall report the position of the wagons prepared both at the railway stations and on the trains to be loaded by the consignor or to be unloaded by the consignee according to the wagon numbers; The Minister for Transport may provide for exemptions.

§ 36.

Delivery time for goods.

(1) The delivery deadlines are:

a) pro obyčejné zboží při vzdálenosti
do 150 tarifních kilometrů	24 hodin,
od 151 do 350 tarifních kilometrů	48 hodin,
od 351 do 550 tarifních kilometrů	72 hodin,
přes 550 tarifních kilometrů za každých i započatých 200 dalších tarifních kilometrů	24 hodin;
k dobám takto vypočteným se připočte 12 hodin.
b) pro rychlé zboží za každých započatých 400 tarifních kilometrů	24 hodin;
k době takto vypočtené se připočte 10 hodin.

(2) For ordinary goods presented for carriage on a complete train, delivery times shall be reduced by 12 hours from 151 to 350 tariff kilometres and by 24 hours from 350 tariff kilometres.

(3) The Minister of Transport may provide for an extension of the delivery periods for transport through the most important railway nodes, for the dispersion of complex trains, for the transition of goods to a different route, for the transport of pieces of mail, for the change of destination station, for transport through, from or to border crossing stations and for the transport of small-scale lines. This extension shall be published at least by decree at the station and shall take effect first by publication.

(4) The delivery period shall begin at the end of 24 hours on the day on which the goods were accepted for transport.

(5) If the goods have been accepted for transport before the date of loading laid down by the Chief of Staff, the delivery period shall begin at the end of the 24th hour of the day on which the goods were to be loaded.

(6) The distance for calculating the delivery time shall be determined according to the length of the journey during which the goods were actually transported.

(7) The delivery period shall be deemed to be maintained if the journey before the expiry of the specified delivery period has landed the goods at the station of destination and has made a record of this or has prepared a vehicle for unloading by the consignee. In the case of goods supplied to the consignee in the house, the delivery period shall be deemed to have been maintained if the goods were delivered to the consignee by the end of the delivery period.

(8) If the vehicle is to be unloaded for reasons on the part of the consignee (e.g. because the full length of its unloading point is occupied), the delivery period shall be deemed to have been maintained if the goods arrive at the station of destination before the time limit laid down and if the journey made a record thereof.

(9) Where goods have been detained in accordance with customs, veterinary or other administrative provisions or for the adjustment or transhipment of goods without fault, the delivery period shall not elapse during the period of detention of the goods. The goods shall be held on the bill of lading and shall indicate the reason and the duration of the detention.

Citation	Government Decree No. 37 / 1954 Coll., issuing the Railway Transport Regulations
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	22.09.1954
Effective from	01.04.1955
Effective until	-
Status	Valid

Government Decree No. 37 / 1954 Coll.

Regulation issuing the Railway Regulations

Contents