Decree of the Ministry of Transport No. 66 / 1964 Coll.
Ordinance of the Ministry of Transport on translation and warehouse rules for ports intended for public use
Valid
Effective from 01.04.1964
66
DECLARATION
Ministry of Transport
of 27 March 1964
on the rules of translation and storage for ports intended for public use
The Ministry of Transport provides, pursuant to § 19 (3) of Act No. 26 / 1964 Coll., on Inland Navigation:
General provisions
The rules of procedure for the translation and storage of goods in ports intended for public use (hereinafter referred to as "ports') are laid down in the rules of procedure.
(1) Transaction work and storage of goods under these Regulations and others, in particular sanitary and anti-epidemic regulations, shall be carried out in the port for compensation on the basis of the organisation's tariff management of the translation and storage facilities (hereinafter referred to as the operator).
(2) The operator is obliged to stop the transport work or the storage of goods as soon as there is a risk of a breach of health and anti-epidemic rules.
(3) The operator shall be entitled to temporarily suspend or restrict the work or storage of the goods in the event of natural disasters or major accidents preventing work. In other cases, it may do so if the Ministry of Transport so agrees in agreement with the central authority of the principal of the client of the translation work (the "client ') or the depositor of the goods (the" depositor').
(4) The measures referred to in paragraphs 2 and 3 must be published in the Transport and Tariff Bulletin.
(5) In individual cases, the operator may allow the operations to be carried out by the operator under these Regulations to be carried out by the procuring entities themselves by their own staff and their own costs. These workers are then subject to the regulations applicable to the port territory and the provisions of these Regulations.
(6) In order to ensure proper planning of the translation work and storage of goods, the client (depositor) shall notify his / her rights to the transfer work and to the storage of the goods in advance for the whole year by 20 August of the preceding planning period, each before the submission of the draft economic plan, by the date published in the Transport and Tariff Bulletin or agreed with the operator; the client (depositor) is obliged to notify the operator of the exact quarter entitlements by the 20th day of the last month of the preceding quarter and to refine the monthly entitlements by the 25th day of the preceding month. The notification of entitlement shall indicate the main types of goods and quantities in tonnes. Planned work takes precedence over unplanned work.
(7) Applications or orders which the client (depositor) may give by telephone or telegraph under these Regulations must always be confirmed in writing.
The amount of the remuneration for the transfer work and the storage of the goods is fixed by the tariff. *)
Translation
(1) The operator shall:
(a) acceptance of goods,
(b) moving goods mechanically or manually;
(c) fixing of goods on crane suspension equipment or filling of crane containers;
(d) the storage and securing of goods in or on the vessel, railway wagons, and the transfer of auxiliary material belonging to the consignment;
(e) opening and closing of railway wagons;
(f) cleaning of railway wagons from the remains of unloaded goods and fixing of removable parts of railway wagons;
(g) the attachment of the gardens and other necessary seals in railway wagons when loading the damaged goods;
(h) weighing the goods when they are translated by weighing equipment forming part of the crane or the transhipment device used;
(i) the adjustment of cargo to the relevant mass of mass goods in bulk in railway wagons loaded by the operator;
(j) the removal or fixing of the sail in the case of goods loaded on railway wagons or on other means of transport or stored on a complex site and the associated transfer of the sail in a port;
(k) transfer to port territory:
1. individual consignments up to a total weight of 3000 kg per vessel;
2. means of transport on its own (cars, tractors) intended for loading onto a vessel, from an operational landfill to an appropriate handling position. This provision shall not apply to the transfer from landfills or sites situated more than 200 m away from the relevant transhipment handling position;
(l) minor repairs of packages, with the exception of bags, but not more than 10% of the total number of packages and the related repackaging; small standard material supplied by the operator, special changing material must be supplied by the client,
(m) internal storage handling related to the translation of goods and temporary storage of:
1. release of goods for translation,
2. the transport of goods in the warehouse from the place of storage to the transfer position of the warehouse;
(n) the supply of goods.
(2) Further work related to the shipment of goods is carried out by the operator only on a special order.
Such work shall include in particular:
(a) weighing of goods on a rolling, decimal or warehouse weight;
(b) counting of goods,
(c) sorting of goods,
(d) marking of goods;
(e) sacking of goods,
(f) taking samples from goods;
(g) securing goods against climatic effects (e.g. prophylaxis, etc.) as instructed by the client.
(3) Objects weighing more than 500 kg must be marked by the client by the indication of the gross weight on the packaging and in the documents and, if the goods are not packed, on these goods; the centre of gravity or the place where the article is to be hung must be indicated on those articles. Dangerous goods (explosive, incendiary, corrosive, resistance-inducing, radioactive, etc.) must be labelled on the packaging and in the documents according to the Ministry of Transport guidelines.
(4) Loading aids (wedges, clogs, fasteners etc.) for fixing or securing goods carried out by the operator pursuant to paragraph 1 (d), (g), (l) shall be invoiced separately to the client; the client is obliged to deliver to the operator loading aids for consignments which require their exceptional needs as well as those required for unusual consignments.
(1) Unless otherwise agreed, the client is obliged to order the translation work or other required operations related to it with the operator during the working hours on a form issued by the operator (translation application).
(2) The client is obliged to place an order in such a way that the preparatory work and the ordered operations can be carried out on time and that, in order to maintain the loading and unloading deadlines, the start of the work is not delayed by anything; in the daily translation application, only works corresponding to the total capacity specified by the port operating order may be claimed and accepted by the operator. Applications for translation work to be carried out outside normal working hours shall be submitted within 12 hours of the day preceding that work.
(3) The operator shall be entitled to check the accuracy of the data contained in the translation application and, if necessary, check the contents of the goods with the participation of the client. Where goods are subject to customs legislation, the inspection shall be carried out with the participation of the customs authorities. The inspection shall not be carried out on goods of military administration and goods of the authorities of the Ministry of Interior.
(4) Changes, repairs or additions to translation applications must be notified to the operator before translation works are started. The costs incurred by the operator from the preparations made for the initial disposition shall be borne by the client.
(5) Unless otherwise provided by the client, the person who submits the translation application shall be entitled to amend or supplement it as well as to be empowered to conduct all the negotiations concerning the provision of translation and related operations.
(6) The necessary documents must be attached to the applications for translation; if the translation work is carried out by means of the expensive goods, the bill of lading or other document provided for in the Agreement must be attached to the application for translation.
(7) The operator shall accept an application for translation of the client to carry out the translation work and a special order, provided that all the conditions laid down in these Regulations are met and that the work applied for do not conflict with other regulations. If the application to translate the terms of this order is contrary, the operator is obliged to notify the client. If there is no risk of delay, it shall do so by rejecting the translation application, referring to the relevant provisions of these Regulations. If there is a danger of delay, it shall immediately notify the client in the most appropriate manner of the defects of the translation application so that the client can make the relevant changes, repairs or additions to the translation application without delay.
(8) The receipt of the application for translation shall be confirmed by the operator on his or her uniform, which shall then be returned to the client.
(1) If it becomes apparent in the execution of the work that the conditions under these Regulations have not been met, the operator may suspend the work, inviting the client to remedy the defect.
(2) The translation work shall be carried out in the order in which the relevant translation applications were submitted, if accepted by the operator.
(3) While carrying out the translation work, the skippers or their representatives shall be obliged to give the instructions and orders necessary for the proper storage and securing of the goods in the ship.
(4) An operator may, under special terms and conditions, lend a transfer device or device to the client if the client himself carries out the transfer work in accordance with Section 2 (5).
(1) Dangerous goods (explosive, incendiary, corrosive, resistance-inducing, radioactive, etc.) are translated according to the regulations of the Ministry of Transport.
(2) Goods under-packed, goods which, by reason of their nature, require special expertise or caution or which require special care for their dimensions, weight or presentation or cause special difficulties in carrying out their translation work may be translated only under special conditions agreed in advance in each case. At the operator's request, the client shall ensure the participation of the expert to give instructions when the goods are translated in order to ensure the safety of persons as well as the proper execution of the translation handling.
Time limits for loading and unloading vessels shall be determined according to the loading and unloading standards established by the Ministry of Transport in the Transport and Tariff Bulletin.
Where damage has been caused to the goods in the course of translation work, the operator shall inform the client immediately or, if necessary, take the necessary measures in agreement with him to avoid further damage and to write a record of the damage no later than 24 hours after the finding.
(1) The operator is liable for damage caused by the goods being transhipped, unless they have been caused by the customer, by the special nature of the goods, by the weaponization of the goods or by their packaging which the operator could not recognise, by an unavoidable accident or by insisting that the client carry out the translation without removing any defects that the operator had previously been informed of.
(2) The operator shall be liable for other damage only if they have been caused by failure to comply with the loading or unloading periods laid down in accordance with Paragraph 8, unless it proves that it could not prevent them.
(3) If the operator allows the client to obtain the translation work himself (Paragraph 2 (5)), the client shall be liable for any damage caused by the means of transport, translation facilities or port facilities when carrying out the translation work, as well as for any damage caused to third parties if not caused by the operator.
(1) All rights conferred by the client against the operator under the contract for translation work must be claimed by the client and the operator in writing within 12 months of the end of the translation work; otherwise these rights shall cease to exist.
(2) A claim relating to compensation for damage or loss of goods shall be accompanied by a price document (invoice) or a repair bill and a copy of the damage records, if any.
(3) The operator is obliged to notify the client in writing of his position on the complaint within 3 months of sending the claim and return the documents. If the operator rejects the complaint in whole or in part, it shall state the reasons.
(4) The time limit for exercising the rights of the client vis-à-vis the operator for economic arbitrage is 6 months and starts to run from the first day of the month following the lodging of the claim by the operator.
(5) The time limit for the exercise of the operator's rights vis-à-vis the client is one year and starts to run from the date of completion of the translation operations.
Storage of goods
(1) Goods intended for transport by water or by water may be stored or temporarily stored in ports; the exemption may be authorised by the State Navigation Administration.
(2) A part of a warehouse or complex may be permanently or temporarily designated only as a handling space for temporary storage of goods, in particular when the transport is interrupted.
(1) In order to store the goods referred to in Section 7, as well as perishable goods, or which may be harmful to other items in close proximity, known as dangerous health, or which may become dangerous because of their nature by the action of external, particularly weather effects, only in specially designated places and under special conditions.
(2) The operator shall decide whether the goods are fit for storage and under what conditions. In the cases at issue, the State Navigation Administration shall decide.
The activity of the operator shall include:
(1) take over goods for storage in port warehouses and complex areas;
(2) to carry out on a special order work related to the treatment of goods, in particular:
(a) weighing of goods,
(b) counting of goods,
(c) sorting of goods,
(d) marking of goods;
(e) sacking of goods,
(f) taking samples from goods;
(g) the provision of goods against climatic effects as instructed by the client.
(3) Leave part of the warehouse or complex for temporary use.
(1) Goods may be stored only on the basis of a declaration to be made before they are placed in storage, except for goods for which a free storage period is fixed.
(2) The contract for the storage of goods arises by its acceptance for storage on the basis of a written application by the depositor. The operator shall inform the depositors in writing of the storage of the goods and shall also indicate the storage item under which the goods are stored. When goods are available, the depositor is obliged to notify the warehouse item number. The application shall contain the name of the depositor (name and address or name and residence), the date and place of entry of the goods, the particulars of their type, packaging and weight, and, where appropriate, the number of pieces, indicating the relevant marks and numbers of the goods, as well as details of the method of storage or handling required, if the nature of the goods so requires.
(3) Goods intended for direct translation to or from a ship shall be stored preferably without notification on the basis of an application for translation, if direct translation is not possible. The certified translation application replaces the application for storage.
(4) Where the storage of goods intended for further transport is concerned, a bill of lading or other transport document must be attached to the application which, in addition to the particulars contained in the application, must bear the indication of the consignor and the consignee; if these data are missing, the depositor shall notify them retrospectively within three days of receipt of the goods for storage.
(5) Where the consignee refuses to accept the goods in the transport documents, the goods shall be stored in the name of the consignor.
(6) Goods subject to further official negotiations (customs, health etc.) must be accompanied by appropriate documents.
(7) The depositor shall draw attention to the specific nature of the goods.
(1) An operator may refuse to accept goods for storage, in particular:
(a) if the goods have not been declared in accordance with § 15 (1) or, where appropriate, in accordance with § 15 (2),
(b) if the goods have not been sent for storage within 10 days of the time indicated;
(c) if the information in the application, transport documents or documents accompanying the consignment referred to in Article 15 (2), (3), (4) and (6) is missing or disagrees with the facts,
(d) identify defects which exclude or restrict storage in accordance with the provisions of these Regulations.
(2) The operator shall invite the depositors, before refusal in the cases referred to in paragraph 1 (c), to complete or submit a new application and to set a reasonable time limit. If, in the cases referred to in paragraph 1 (d), the operator does not refuse to receive and store the goods, he shall be obliged to take measures to prevent further damage or loss of the goods and to inform the depositor accordingly. The costs of implementing this measure shall be borne by the depositor.
(1) Storage shall be carried out as a general rule in the order in which the operators of the application for storage have obtained entry.
(2) In addition to the order of precedence, goods which are at risk of being late shall be stored in order to take account of their condition or nature and, where appropriate, to take account of the condition or nature of their packaging.
(3) When receiving goods transported by water, the order of order shall be that of the vessel.
(1) An operator may, if necessary, move the goods to another place in the same warehouse or another warehouse without an order from the depositor. The right to reimbursement is only granted if the transfer has been carried out by the depositor's order or if the goods have not been cleared within the prescribed period (§ 23).
(2) Where there is a reasonable concern that goods may be degraded during storage or that stored goods may cause damage to other goods or equipment, the depositor shall invite the depositor to issue a return order. If there is a danger of delay, the necessary measures may be taken without the order of the depositor to whom he shall inform immediately. The costs associated with such measures shall be borne by the depositor if they are not caused by the operator by the improper storage of the goods.
(3) An operator shall not be obliged to carry out acts which, although required by the nature of the goods, are not part of the usual storage (filling, salting, rendering etc.), unless there is a special agreement with the depositor.
Goods shall be stored and issued, as a general rule, according to the marks, numbers, number of pieces, and, where appropriate, the measure and weight indicated in the accompanying documents, or under the application, unless the depositor expressly requests the identification of the quantity for his cargo. The quantity found is standard for both depositors and operators. If the goods have not been weighed by the operator, they are not responsible for the weight, but only for the number of pieces or the measure. However, if the operator finds that the actual weight of the non-weather-related stored goods is more than 2% higher than that of the depositor, the operator shall levy a double storage fee for the difference in weight.
(1) The depositor is entitled to take samples from stored goods under the supervision of the operator, who shall issue a certificate to the depositor.
(2) At the request of the depositor, the operator may also carry out the sampling for a specified tariff.
(3) If there are no other agreements, the operator shall keep the samples for 6 weeks.
(1) Goods are issued on the basis of a written order from the depositor or, where appropriate, the person entitled to dispose of the goods; the supply of the goods is notified by the operator to the depositor on the form.
(2) The costs associated with the modification of the order are borne by the depositor. The operator shall not be responsible for carrying out orders received after the supply of the goods.
(3) Goods may be issued from the warehouse at the same time or by part or by individual item. If the goods are to be issued in quantities less than the individual cuts (only part of the contents of the box, package, etc.), this may happen only by agreement with the operator.
(4) If goods stored on a single storage item are to be searched for each issue by number or classification, the costs associated with them shall be affected by the depositors, unless the goods have been sorted according to the order by numbers or marks during storage.
(1) The publisher is required to inform the operator in writing of the transfer of stored goods to a third party. The operator shall notify on the form to the depositor and the new depositor of the storage of the goods. Where a transfer of goods is necessary when the goods are transferred to a new depositor, the new depositor shall pay the associated costs, unless otherwise agreed.
(2) The transfer of part of the bulk goods which cannot be distributed by reason of their nature shall be carried out only administratively. Both depositors have the goods in their shares until the whole quantity is exhausted. The operator is responsible for the deficit on the issue of the last part of the goods in accordance with Section 24 of these Regulations.
(1) The operator may cancel the storage contract
(a) where goods which are excluded from storage have been stored or for which special conditions have been laid down in these Regulations which have not been fulfilled;
(b) if the warehouse or complex is necessary for reasons of public interest.
(2) In the cases referred to in paragraph 1, the operator shall provide the depositor in writing with a 15-day period for the removal of the goods; in justified cases, this period may be shorter (e.g. at risk of safety of stored or other goods).
(3) If the depositor does not remove the goods from storage within the period referred to in paragraph 2, the storage remuneration shall be increased by 50% in the first month and by 100% in the following months.
(4) (a) If the depositor does not clear the goods within the time limits referred to in paragraph 2, the operator may request an instruction for further action from the authority, the superior depositor. In cases of default risk (e.g. for goods that are easily corruptible), the operator may dispose of the goods in accordance with the rules on the sale of movable goods, except in cases of enforcement.
(b) the stored military consignments shall be made available to the commander of the nearest crew.
(1) The operator is liable for damage to the goods stored to the extent set out in Section 10 (1).
(2) The operator's liability shall apply to damage arising from the time when the goods are taken over for storage until the time when the goods are delivered.
(3) If the operator finds, during storage, that a damage has been caused to the goods, he shall immediately take measures to prevent further damage, inform the depositors and obtain a registration for damage.
(1) All rights conferred by the depositor against the operator under the contract for the storage of goods must be claimed by the depositor in writing within 12 months of the issue of the goods. otherwise these rights shall cease to exist.
(2) A claim relating to compensation for damage or loss of goods shall be accompanied by a price document (invoice) or a repair bill and a copy of the damage record, if such documents have been drawn up.
(3) The operator shall notify the depositor in writing of his opinion on the complaint within 3 months of dispatch and return the documents. If the operator rejects the complaint in whole or in part, it shall notify the depositor of the reasons.
(4) The deadline for the application of the depositor's rights to the operator for economic arbitrage is 6 months and starts to run from the first day of the month following the lodging of the claim by the operator.
(5) The deadline for the application of the operator's rights vis-à-vis the depositor is one year and starts to run from the date of completion of the storage operations.
(1) A part of the warehouse or complex which is intended for temporary storage of goods (Section 12 (2)) may be separated and fitted with a separate closure. In this case, the user closes the transferred part himself, and the operator can enter it only in the presence of the user or his agent. In the absence of the user, the operator may enter the closed part only for the purpose of averting the impending damage. Part of the warehouse or complex can be left for temporary storage for only 1 year.
(2) Without the approval of the operator, the user must not leave part of the warehouse or complex for use to a third party.
(3) The user is obliged to make sufficient use of the retained part of the warehouse or complex without exceeding its permissible load. If part of the warehouse or complex is not sufficiently used, the operator may denounce the use 15 days in advance.
(4) The service of the mechanisation equipment of the warehouse shall be exclusively for the operator who may allow such operation to be carried out by the user's professional staff under the conditions specifically agreed. The user may only use his own mechanisation equipment or lighting units under conditions specifically agreed with the operator.
(5) The user shall be liable for damage to the property of the operator or third parties, caused by the personnel he has used to procure his or her affairs, or by stored goods.
Efficiency of the Order
This Decree shall take effect on 1 April 1964.
Minister:
Indra v. r.
*) Tariff for the translation and storage of goods in Czechoslovak river ports valid from 1 April 1964, published in the Tariff Bulletin No 23 of 10 June 1963. Its validity is deferred by the Transport and Tariff Bulletin No 11 of 16.3.1964.
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Regulation Information
| Citation | Decree of the Ministry of Transport No. 66 / 1964 Coll., on the translation and warehouse rules for ports intended for public use |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.1964 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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