Government Decree No. 62 / 1953 Coll.
Regulation amending and supplementing the Railway Regulations
Valid
Effective from 01.07.1953
62.
Government Regulation
of 23 June 1953
amending and supplementing the Railway Regulations.
The Government of the Czechoslovak Republic orders pursuant to § 24 paragraph 1 of Act No. 97 / 1950 Coll., on Railways:
Government Regulation No. 2 / 1952 Coll., laying down the Railway Transport Regulations, is amended and supplemented as follows:
1. the heading of Section 2 and paragraph 1 of the same paragraph shall read as follows:
"Obligation of railways and transporters to carry out the planned shipment.
(1) The basic duty of the railway is to comply with the State plan for the carriage of goods and passengers. Railways and transporters shall be obliged to organise the planned shipment, with the least cost of material means of operation and without damage to consignments. '
Article 2 (11) reads:
"Transport planning.
(1) The railway accepts shipments as planned. To this end, annual, quarterly and monthly transport plans shall be drawn up.
(2) The Ministry of Railways shall draw up annual transport plans and quarterly transport plans on a calendar monthly basis for the entire rail network, on the basis of proposals from central authorities under the State Planning Authority guidelines and approved by the Government.
(3) Permanent Advisory Councils are set up as advisory bodies in the field of rail transport for the Ministry of Railways and for railway administrations. The Advisory Council of the Ministry of Railways shall be composed of representatives of central offices, advisory bodies of railway administrations from representatives of regional national committees and representatives of economic organisations; the details shall be laid down in the Statutes of these Advisory Councils issued by the Ministry of Railways.
(4) Quarterly and monthly transport plans shall be drawn up for two categories of goods by sub-group of goods listed for scheduled transport. The first category shall include goods the transport of which is required by the railway to ensure, as a priority and in full, the carriage of which is required. The list shall be approved by the State Planning Office.
(5) Quarterly and monthly transport plans contain the quantities of carriage, expressed in number of wagons and tonnes, for each subgroup of goods. The tariff may provide for certain goods to be expressed only by the number of wagons.
(6) The need for transporters' wagons (private wagons marked P or S) is not included in the transport plan unless the tariff provides for exceptions. It is not permitted to rent wagons to carriers from a fleet intended for the performance of scheduled shipments.
(7) Proposals for quarterly and monthly transport plans must be made in writing. The details shall be set out in a tariff.
(8) The railway is entitled to exclude from the proposed transport plans submitted shipments which cause the uneconomical use of railway means of operation (crossing consignments of goods of the same type and quality, transport over unnecessarily long distances and over too short distances). It may also be considered to be a non-economic transport by rail over a distance that is disproportionate to the transport distance by road. Exclusion of shipments from the draft plan will be discussed, if no agreement is reached with the railway administrations, by the Ministry of Railways with the central authorities involved.
(9) The unit consignments are accepted by the railway for transport within the limits of the special daily standards established by the management of the runway according to the second category shipment plan after notification of the sub-station (§ 17 (5)).
(10) According to the monthly transport plan, the monthly scheduled quantities of shipments shall be allocated to each consignor.
(11) Shippers and railways are required to implement the monthly transport plan as evenly as possible; if the freight consignor is quick and complies with the loading point, the railway may, under the plan, agree with the freight consignor to concentrate the loading of the wagons for the purpose of forming integrated trains or for the purpose of condensing the transport.
(12) In order to achieve the planned loading of better compliance in the performance of both the station and the consignor, the consignor shall be obliged to report the loading of the station in principle no later than three days before each five-day working period, which also includes days of rest, and to arrange the loading, if possible, equally on each day during that period (five-day loading application). The station is entitled to determine loading days according to the stations of destination indicated in the five-day loading application and to ensure that the wagons are actually ready for loading on the days specified.
(13) A five-day loading application shall be made in writing. The details shall be set out in a tariff.
(14) The change of the sending station is allowed only within the perimeter of the railway department of the superior of the sending station with the consent of the sending station, and only in justified cases. The application for a change shall be submitted to the dispatch station at the latest with a five-day loading application.
(15) Loading a consignment to a destination station other than that indicated in the transport plan is permitted only if the new station of destination is located in the perimeter of the same separation.
(16) To load a wagon at a destination station or goods of a sub-group other than those specified in the five-day loading application is not allowed and therefore the wagon or goods so loaded are not counted against the implementation of the transport plan. If the station does not permit transport with the agreement of the head of the railway department, the consignor shall unload the goods so loaded. If the goods have not been unloaded by the end of the loading period, the station may unload and store the goods at the expense and risk of the consignor (§ 17 (4)).
(17) If, for operational reasons, the railway cannot prepare the vehicle according to the five-day loading application on the given day, the application for the consignment shall be valid for other days including the days of rest until the vehicle is ready, but no later than the end of the same calendar month, unless the consignor has previously withdrawn the order. The railway is entitled to prepare these wagons in addition to load up to a maximum of twice the average daily planned quantity and not more than the capacity of the loading points; However, the consignor may give consent to the establishment of more than one wagon. The station shall inform the consignor no later than the 14th hour of the preceding day of the additional wagon preparation exceeding the daily average quantity specified in the plan. If the sender has not been informed about the preparation of these wagons by the specified time and therefore did not load them, the vehicles so prepared shall not be counted against the implementation of the plan.
(18) The railway is not obliged to compensate for damage caused by the failure to prepare the wagon for operational reasons; However, the consignor is entitled to deposit the goods free of charge (§ 22) if the railway has not given him a timely report that the vehicle has not been prepared.
(19) The consignor and the rail are responsible for not complying with the standards established by the monthly loading plan.
(20) If the railway does not prepare wagons for loading for consignments registered under the transport plan, as well as if the consignor does not send ready wagons, or if he does not sign up for loading the consignments identified by the transport plan or the loading of the registered consignments, he shall pay a penalty for failure to comply with the transport plan 30 Kns per wagon; the tariff may specify the types of goods for which the fine instead of 30 CZK per wagon is 2 CZK for each whole tonne of the quantity of goods. The fine paid by the consignor shall be reduced by one third where the consignor removes the application for loading at least two days before the date of submission of the consignment.
(21) The consignor shall be exempt from payment of a fine for failure to comply with the transport plan if the consignments cannot be loaded:
(a) for a failure on its operating and transport facilities caused by a natural disaster (fire, flood, snow drapes, landslides of overhead layers or explosions at the mines, and in quarries and sandboxes, flooding the workplace) or rail accident;
(b) as a result of the cessation of their transport pursuant to Article 2 (6) (transport ban), during the time of the interruption of loading of the consignments to which the transport ban relates;
(c) since he has been provided with wagons above the daily loading average fixed by the plan without his consent;
(d) arrange for the call of the Road Freight Traffic Management Centre, with the agreement of the Road Transport Centre, and notify the railway not later than two days before the date on which the wagon is to be loaded;
(e) if he has waived loading of the registered consignment because the vehicle could not have been prepared for him at the time when the consignment was necessarily needed and therefore transported the consignment by another means of transport.
(22) The railway is exempt from the fine for failure to comply with the transport plan:
(a) if it is unable to prepare wagons for a natural disaster (fire, flood or snow drapes);
(b) if the shipment has been stopped in accordance with Paragraph 2 (6), during the time of the interruption of loading of the consignments covered by the transport ban;
(c) if it is unable to prepare wagons for overloading the consignor's train or for fault on its transport equipment, unless it has itself caused it;
(d) replace the consignor by the end of the planning month the wagons which have not been prepared for loading on the days specified in the five-day application.
(23) The reasons for the exemption from payment of fines for failure to comply with the transport plan shall be recorded in an overview of the implementation of the plan kept at the dispatch station for each consignor; it is confirmed by the station and the sender.
(24) Fines for failure to comply with the transport plan shall be charged no later than the 15th day following the end of the month in which the event justifying their payment occurred. The fines shall be replaced in a manner specified by the tariff.
(25) The penalties for failure to comply with the transport plan shall be suspended one year from the end of the month in which the event arises.
(26) The conditions for an unscheduled carriage order, which is the transport in the transport plan unforeseen or, if not foreseen by that plan, but not included in the five-day loading application, shall provide for a tariff which may also provide for a fine for an unscheduled carriage order, as well as for a fine for the removal of an unscheduled carriage for that unscheduled carriage up to five times the fine fixed for the failure of the carriage plan. ';
3. In Paragraph 24, the following paragraph 2a is inserted after paragraph 2:
"(2a) In the case of carriage of goods carried by a freight forwarder at the same time in a complete train to one destination station, delivery times shall be reduced to a distance of more than 150 tariff kilometres up to 300 tariff kilometres by 12 hours and to a distance of more than 300 tariff kilometres by 24 hours. ';
4. In the second sentence of Article 24 (5), the words "must be limited to the necessary measure a 'shall be inserted after the words" This extension'.
5. Article 26 (1) reads as follows:
"(1) The shipping fee shall be paid by the consignor immediately upon delivery of the consignment to the dispatch station; If the full shipment fee has not been collected when the consignment is delivered for transport, the consignee shall be obliged to pay the remainder when the consignment is collected. ';
This Regulation shall enter into force on 1 July 1953, with the exception of Article I (5), which shall take effect on 1 January 1954; they shall be carried out by the Minister of Railways.
Broad v. r.
J. Pospíšil v. r.
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Regulation Information
| Citation | Government Decree No. 62 / 1953 Coll., amending and supplementing the Railway Regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.1953 |
|---|---|
| Effective from | 01.07.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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