Decree No. 74 / 1985 Coll.
Ordinance of the Federal Ministry of Transport amending and supplementing Decree No. 132 / 1964 Coll., on Railway Transport Regulations, as amended, Decree No. 126 / 1964 Coll., on Interconnection between National Railways and Trucks and on Relations between Participating Organisations (Tracking Conditions), as amended, and Decree No. 9 / 1984 Coll., on Container Transport Regulations
Valid
Effective from 01.01.1986
74
DECLARATION
Federal Ministry of Transport
of 29 August 1985
amending and supplementing Decree No. 132 / 1964 Coll., on the Railway Transport Regulations, as amended, Decree No. 126 / 1964 Coll., on the Interconnection between National Railways and Trucks and on the Relations between Participating Organisations (Tracking Conditions), as amended, and Decree No. 9 / 1984 Coll., on the Container Regulations
The Federal Ministry of Transport provides in the agreement with the participating central authorities pursuant to § 4 (2) and § 8 (1) of Act No. 51 / 1964 Coll., on Railways, pursuant to § 57 (1) of Act No. 68 / 1979 Coll., on Road Transport and National Postal, pursuant to § 19 (3) of Act No. 26 / 1964 Coll., on Inland Navigation, as amended by Act No. 126 / 1974 Coll., pursuant to § 392 (5) of Economic Code No. 109 / 1964 Coll., in the full version of Act No. 45 / 1983 Coll., and pursuant to § 508 (1 of Civil Code No. 40 / 1964 Coll., in the complete version of Economic Code No. 70 / 1983 Coll.:
Decree of the Ministry of Transport No. 132 / 1964 Coll., on the Railway Transport Regulations, as amended by Regulations No. 98 / 1966 Coll., No. 4 / 1976 Coll. and No. 152 / 1983 Coll., is amended as follows:
1. In Paragraph 15 (5), the second sentence is deleted.
2. In Paragraph 17 (2), the words "and to pay a fine 'are deleted.
3. § 19 is deleted.)
4. In Article 21 (1) and (3), the words "4 Cds' are replaced by the words" 10 Cds. ';
5. In Article 21 (2) and (3), the words "40 Ccs' are replaced by the words" 100 Ccs. ';
6.
"(9) A passenger who joins a train or a vehicle in which a national transport is excluded shall be obliged to pay an amount of 100 CZK. '
7. In Paragraph 24 (1), the words "and timetable 'are deleted.
8. Article 24 shall be added to paragraph 3:
"(3) In justified cases, the dispatch station may allow an exemption from the weight limitation of the luggage, provided that it can be easily transported throughout the transport route. In such cases, the dispatching station shall be entitled to negotiate with the passenger special conditions for transport. ';
9. In Section 25, the word "fines" is deleted in the title.
10. In Paragraph 33 (6), "fines' is replaced by" other amounts'.
11. Paragraph 46, including the title:
Staying of wagons during loading and unloading
(1) Senders are obliged to load and to land consignments at any time of the day or night and on days of leave and on days of rest (continuous loading and unloading).
(2) The shippers shall be obliged to load and the recipients shall unload the consignments and prepare the loaded or unloaded wagon to be moved with the greatest speed, but not later than within the prescribed time limits. These time limits shall begin at the time notified to the carrier in the report on the time of the wagon. If the vehicle is ready later than announced in the report, the time limit shall begin at the moment the vehicle is ready.
(3) The time limit for loading and unloading wagons is set at 6 hours for simple handling and 10 hours for double handling.
(4) In designated stations with insufficient lighting of general loading and unloading tracks, the night time shall not be added to the time limit for loading and unloading wagons.
(5) For social reasons, the railway can declare that the time limit for loading or unloading wagons is not elapsed on the declared working days or on the working days.
(6) Loading or unloading is completed (the wagon is ready to be moved) if all operations are carried out and the conditions laid down in the order or tariff of the transporter are fulfilled. The carrier must notify the station that the vehicle is ready to be moved. In the case of a consignment submitted for transport, the consignor must submit to the station at the same time a duly completed consignment note, including the annexes thereto. '
12. In Paragraph 47, the following first sentence is added to paragraph 4:
"(4) In the event of the removal of the load, the carrier shall pay the railway, if it exceeds the 6-hour period laid down for loading, delayed in accordance with § 49 until the time of its removal. '
13. The following Section 49 is inserted:
Stable and decent
(1) If the carrier withholds the wagon during loading or unloading over the prescribed time limits, the railway will pay for each and only start hour of overrun in working days delayed by 75 CZK, on working days off and on days of rest delayed by 150 CZK.
(2) If the time limit for loading or unloading is already exceeded on the working day prior to the day of work or on the day of work, 150 CZK delayed shall be charged from 0.00 hours on the first day of work or on the first day of work. If entitlement to 150 CZK is established, this amount shall be charged until the time of completion of loading or unloading, irrespective of the date on which the loading or unloading was completed (i.e. on subsequent working days).
(3) The retention shall also be charged when an obstacle to delivery occurs if the consignment, after it has been removed by the original consignee or if the carrier returns the wagons ready to be loaded in an empty state, during the entire period from the time the shipment is ready for return.
(4) For each carriage of foreign rail administrations excluding railway wagons of socialist countries included in the joint park of railway carriage2), and for each and only begun hour of overrun, the carrier shall pay twice the amount of the delay.
(5) Upon prior notification, the railway authority may, for a transitional period, increase delays up to three times in the case of wagons of certain series or ownership marks in the case of difficult operating conditions at a specific location or area, or in cases where the transporter repeatedly exceeds the prescribed time limits.
(6) The retention shall not be charged in cases where the carrier terminates loading or unloading so that the wagons can be placed on the nearest suitable train even if they have exceeded the specified time limit. This does not apply to landings when the wagon is ordered to be loaded by another carrier in the same station.
(7) At the request of the carrier, the railway undertaking may reduce the outstanding amounts by up to 50% if the overrun of the stated time limit of residence of the wagons is due to emergency disturbances in loading and unloading facilities which the carrier could not prevent even if all efforts were made. The railway can reduce or forgive the delayed charge if the time limit for the carriage has been exceeded as a result of unavoidable events of a natural nature; for isolated vehicle consignments, exceptionally, even if the organisations or citizens prove that they have done their utmost to ensure timely loading or unloading and that the time limits set have been exceeded by reasons beyond their control.
(8) (3) The railway carrier (classifier) shall pay for stopping the railway station's tracks by tariff, except for freight wagons included in the fleet of foreign railway administrations participating in the Agreement on International Carriage of Goods by Rail (SMGS).
(9) The fee shall be paid for the period after notification by the carrier in the report on the time of the vehicle's preparation until the vehicle is ready to be moved. If the car is ready later, it will be valid until the car is ready. "
14.
Payment of freight, allowances for import, delay and other charges
(1) The consignor shall be obliged to pay immediately upon submission of the shipment of freight (import and ancillary charges) as well as any premium on the import, suspension, other charges and final expenses which the railway is entitled to collect and which the dispatch station may calculate. The amounts which the dispatching station could not calculate, as well as the differences in import charges, additional charges, where appropriate, as well as the increases to import, delayed, other charges and the final costs recorded on the bill of lading, shall be collected by the railway undertaking from the beneficiary.
(2) Transport, import, delay, other charges and rail expenditure are paid either in cash or in cash (by recovery order). The Federal Ministry of Transport may, in agreement with the Federal Ministry of Finance and the State Bank, determine which transporters and for which consignments will compensate to the shipping centre and under what conditions. '
15. Paragraph 67 (2) reads as follows:
"(2) If the authorised person proves that he has suffered damage by late delivery of the luggage, the railway shall, at his request, pay him compensation instead of the amount referred to in paragraph 1, up to the amount of the fare paid. ';
16. In Paragraph 67 (8), the word "fine 'is replaced by" amounts paid under paragraph 3';
17. in § 68 the title reads:
"Payments, overpayments and arrears"
18. in Paragraph 68 (1):
"(1) Ticket, freight, stalled, stand-by, import premium, additional fare and other amounts specified in the railway timetable shall be paid by rail."
Paragraphs 1 and 2 shall be renumbered paragraphs 2 and 3.
19. in Paragraph 70 (3) (b), the words "fines and other fines" shall be deleted.
20. In all other provisions of the Decree, the word "fine 'is replaced by" amount'.
The Decree of the Ministry of Transport No. 126 / 1964 Coll., on contact between national railways and haulage and on relations between the participating organisations (terms and conditions), as amended by Regulations No. 111 / 1966 Coll. and No. 42 / 1984 Coll., is amended as follows:
1. In Section 6, the following paragraphs 4 and 5 are added:
"(4) The boarder will pay ČSD Kčs 1200 for each car, Kčs 1800 for each car of foreign railway administrations, Kčs 1500 for each car of railway socialist countries included in the joint park of railway carriage2) loaded without prior agreement of the CSD. In addition, the CSD can refuse to take over the wagon without prior consent and the tractor is obliged to unload the wagon immediately.
(5) The boarder pays CSD Kčs 1200 for each wagon which prepares to be removed from the train, not placed in the prescribed condition (e.g. uncleaned, unclosed or without all separable parts of the carriage gear or means of transport). '
2. In Article 8, the following paragraphs 4 to 10 are inserted after paragraph 3:
"(4) The time limits for the carriage on the train shall be determined by the ČSD according to the schedule of regular train operators and taking into account the operating conditions in the connection (tariff) station and on the train, but not normally longer than 8 hours. If the tractor does not prepare the wagon at the delivery point within the prescribed time limit, the ČSD will pay for each and only starting hour of overshoot in working days delayed by the Kčs 75, on working and rest days delayed by the Kčs 150. The delay is charged up to an hour of regular service, to which the car was ready to be moved. If entitlement to a delay of CZK 150 is established, this amount shall be charged up to an hour of regular service, to which the vehicle has been ready to be moved.
(5) The retention shall not be charged in cases where the tractor does not prepare the wagons to be moved within the prescribed time limit, but is prepared for the nearest regular service following the expiry of that period. If the specified time limit expires at the time of regular service, the wagons shall be ready to be moved to that service.
(6) For each carriage of foreign railway administrations excluding railway wagons of socialist countries included in the joint park of railway carriage2) and for each and only begun hour of the exceeding of the prescribed period of stay, the tractor shall be paid twice as long.
(7) The stay of loaded and empty wagons intended for landing on a tractor and detained at the station of destination or at another station due to reasons on the part of the tractor is subject to the burden of the tractor. The period of stay at the station of destination shall begin to run from the nearest regular service that the wagons may have landed on the train and shall end with the time of their embarkation on the train closest to the regular service after notification by the tractor that the arrival of the wagons is possible; in another station, by the time they are detained until they are moved, but no later than 6 hours after the announcement, when the trailer has been approved by the tractor to land the wagons. It shall be charged late for that period.
(8) CSDs may, after prior notification for a transitional period, increase delays up to three times in the case of wagons of certain series or ownership marks in the case of difficult operating conditions in a trailer (tariff) station or area, or in cases where the tractor repeatedly exceeds the specified duration of the carriage on the train.
(9) CSDs may allow the calculation of the delay over the whole month. In the case where in a specific month the average residence of the wagons on the train has not exceeded the prescribed time limit, the delay shall not be charged for the wagons included in the calculation.
(10) CSDs may, at the request of a tractor, reduce the amount of delays charged by up to 50% if the overrun of the stated time limit of residence of the vehicle is due to emergency disturbances in loading and unloading equipment which the tractor could not prevent even if all efforts were made. CSDs may reduce or forgive the late payment if the time limit for the carriage on a train has been exceeded due to unavoidable events of a natural nature. '
3. Paragraph 8 (4) becomes paragraph 11.
4. In Paragraph 12 (2), the second sentence is added: "Reimbursements, delays and other charges shall be paid in an uncash manner (by recovery order)."
5. In all provisions of the Decree, the word "fine 'is replaced by" amount'.
Decree of the Federal Ministry of Transport No 9 / 1984 Coll., on the Container Transport Regulations, is amended as follows:
1. In Paragraph 10 (3), the following sentence is added at the end: "In declared stations with insufficient lighting of general loading and unloading tracks, the night time shall not be added for emptying or filling and for the composition or loading of the container.
2. In Paragraph 10 (4), the word "fine 'is replaced by the word" delayed', the words "150 Ccs' are replaced by" 75 Ccs' and the words "300 CCs' are replaced by" 150 Ccs'.
3. In Paragraph 10 (4), the following sentence shall be added at the end: "Delay shall not be charged in cases where the carrier prepares a container on the railway wagon to be moved so that it can be placed on the nearest suitable train even if it has exceeded the prescribed time limit. This relief shall not be granted where the container is intended to be filled by another consignor in the same station. ';
4. In Article 10, the following paragraph 5 is inserted after paragraph 4:
"(5) The container haulier may reduce by up to 50% the fees charged to the haulier on application (5), provided that the overrun of the time limits has been a direct consequence of emergency disturbances in loading and unloading facilities which the haulier could not avert even if all efforts were made. The container carrier may reduce or waive the fees and charges charged when the container is prepared outside the railway wagon if the time limit has been exceeded due to irreversible events of a natural nature and exceptionally for isolated containers even if the organisations or citizens prove that they have done everything on their part to ensure emptying or filling or, where appropriate, to the composition or loading of the container and that the time limit has been exceeded for reasons beyond their control. ';
Paragraphs 5 to 10 shall be renumbered paragraphs 6 to 11.
5. In Paragraph 13 (5), "fine 'is replaced by" amount'.
6. In Article 16 (5) and (7), "fine 'is replaced by" amount'.
7. Article 17 (4) reads as follows:
"(4) Transport, import allowances, charges additional to those provided for by the tariff, delays, expenditure and other amounts shall be paid either in cash or in cash. ';
8. In Article 26 (1) and (2), "fine 'is replaced by" amount'.
9. In Paragraph 29 (1) (b), "fine 'is replaced by" amount'.
10. in Paragraph 29 (1) (d), the words "fines and other fines" shall be deleted;
This Decree shall take effect on 1 January 1986.
Minister:
Ing. Blažek v. r.
1) The provision for interruption shall include a tariff.
2) Vehicles marked OPW.
3) Points 1 and 2 of the tariff clause marked as Annex 10 to the RU - Transport of transporters' wagons.
4) Nighttime means the period from 17.00 to 6.00 in the months of November, December, January and February and the period from 21.00 to 6.00 in the other months. Hours 17.00 and 21.00 fall into the night time and hour 6.00 fall into the day time.
(5) Applications for reductions or waivers and fees shall be submitted by the carriers to the railway station concerned.
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Regulation Information
| Citation | Ordinance No. 74 / 1985 Coll., amending and supplementing Decree No. 132 / 1964 Coll., on Railway Transport Regulations, as amended, Decree No. 126 / 1964 Coll., on Interconnection between National Railways and Trucks and on Relations between Participating Organisations (Tracking Conditions), as amended and Decree No. 9 / 1984 Coll., on Container Transport Regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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