Decree No. 8 / 1984 Coll.
Decree of the Federal Ministry of Transport on the basic conditions of certain activities carried out by the Czechoslovak State Railways in connection with transport
Valid
Effective from 01.03.1984
8
DECLARATION
Federal Ministry of Transport
of 17 January 1984
on the basic conditions of certain activities carried out by the Czechoslovak State Railways in connection with transport
The Federal Ministry of Transport shall establish, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic pursuant to § 392 (1) and (5) of Economic Code No. 109 / 1964 Coll., in full version published under No. 45 / 1983 Coll.:
Preliminary provisions
(1) Czechoslovak State Railways (hereinafter referred to as "railways"), procure, or carry out, on behalf of the carrier, acts related to national and international transport (hereinafter referred to as "acts").
(2) The operation shall be carried out by the railway undertaking or, where appropriate, by its carrier offices in railway stations in which there is a large volume of operations, in particular at border crossing stations, east-Slovak airports and railway stations for the international transport of bulk consignments. In other railway stations, the railway is responsible for the operation of its authorised personnel and, as a rule, the customs declarations in the allocated circuits.
Transaction-related actions
(1) The activities carried out in connection with the transport are in particular:
(a) operations under customs, veterinary, health and other legislation which are not required to be carried out by the railway undertaking;
(b) deliver consignments to transport and secure a new sub of consignments;
(c) the submission of an application to amend the transport contract;
(d) reporting on the transfer of a consignment across the Czechoslovak state border, on the transport of consignments, on the entry, exit and transit of consignments at border crossing stations;
(e) additional identification of the transfer of the consignment across the Czechoslovak national borders and reporting thereof;
(f) deliver empty wagons of transporters or wagons leased to the railway fleet for transport;
(g) carry the means of transport (pallets, sails, etc.) or containers of transporters,
(h) transmission of transport documents and other documents, 1)
(i) the collection, dispatch, distribution, supply or security of the transport of goods by road and of packages of goods, including the provision of information on such consignments and the drawing up of transport documents and, where appropriate, other documents in respect of the provision of international rail transport;
(j) the taking of samples of goods, the obtaining of verification and dispatch and, where appropriate, their storage and disposal;
(k) procuring accompanying consignments;
(l) the replenishment of vans for the transport of fish by water from the water facility at the stations designated for this purpose;
(m) feeding and feeding of animals;
(n) control of the ice supply in the refrigerating wagon chambers;
o) filling and refilling of cooling wagon chambers by ice in stations equipped for this, 2)
(p) ensuring protection of consignments against freezing (prophylaxis),
(r) the storage and related provision of unloading, storage and loading of consignments on removal from storage.
Contract conclusion
(1) For transport-related activities, the railway concludes procurement contracts (3) (hereinafter referred to as "the contract").
(2) The written contract is concluded on behalf of the railway by the appropriate management of the railway with the organisation of foreign trade or with another carrier (hereinafter referred to as the "client"), if more operations are taken. If the client requests individual actions, the contract shall be concluded by the transport agency at the railway station or, where appropriate, by a designated worker; the contract does not need to be in writing.
(3) The contract is for a fixed or indefinite period. It shall be drawn up in duplicate; Each Contracting Party shall receive one copy.
(4) Each Contracting Party may terminate the contract for an indefinite period in writing, not later than three months in advance. The railway shall, however, complete the operations according to the orders given before the expiry of the period of notice.
(5) If the client declares a contract for which the railway has provided material resources (e.g. ice) for the performance of which the railway has been awarded, he shall be obliged to pay the justified costs incurred by the railway with the provision or disposal of the funds.
Orders to obtain and, where appropriate, to execute individual operations
(1) In order to obtain and, where appropriate, to carry out each operation, the principal of the railway undertaking shall, in accordance with the contract, give orders to the railway undertaking, unless they are already included in the contract.
(2) The command must contain the information needed to properly comply with the required actions.
(3) The client gives the orders within the time limit agreed in the contract. If the time limit is not agreed, the order must be given in such time as to avoid delay of the consignment for transport or its undesirable storage.
(4) The railway undertaking is obliged to draw the client's attention to the ambiguity, incompleteness or impartiality of the order.
(5) If the railway has not received the order in time or at all and there is a risk of delay, it shall carry out such measures as it considers necessary or useful in the interests of the client.
(6) The railway undertaking has the right to refuse to execute an order where:
(a) the client does not provide any cooperation to which he has committed himself in the contract;
(b) the order came from the client so late that it could not be executed;
(c) the order is for the execution of operations not covered by the contract;
(d) the order is illegal.
(7) The client gives the order in writing, by telex, and, exceptionally, in the event of default, by telex, telephone or oral means. A telephone, telegraphic and oral order must be confirmed by the client in writing within three days of the issuing of the order. It is not permissible to enter the order in the transport document.
(8) The telephone and oral orders are entered in a special answering machine by railways in literal wording. In the event of a discrepancy of registration in the content of the telephone or oral order, the text in the railway record shall be decisive unless the client proves otherwise.
(9) The railway shall notify the client by telex, telegraph or telephone of the refusal to comply with the order, stating the reason. The railway must confirm the telegraphic or telephone notification in writing within three days, stating the reason for the refusal.
The client's cooperation
(1) If the performance of the works under the contract is dependent on the provision of material resources, the client shall be obliged to provide the cooperation specified in the contract in a timely manner.
(2) The client is obliged to notify without invitation to the appropriate railway administration of the quantity and type of ice required to meet the contract in total in the calendar year, broken down into months, and in which of the railway stations furnished 2) the ice is to be available.
(3) To feed the animals, the client is obliged to procure and supply the railway with the necessary quantity of feed to be used for feeding before and during transport.
(4) In the case of goods for which prophylaxis is to be ensured, the client is obliged to hand over to the railway the means of prophylactic treatment and to determine their type and quantity, as well as the method of prophylaxis, the type of goods and the period during which prophylactic treatment is to be carried out.
(5) For sampling, the client is obliged to supply the necessary means (bags, envelopes, bottles, seal wax, etc.), unless otherwise stated in the contract.
Consignments of bulk goods
(1) Railways in the performance of transport-related operations at designated stations
(a) take over, store, remove, collect consignments of products intended for export coming from different places in the Czechoslovak Socialist Republic to the address of the Czechoslovak Socialist Republic, the shipping company and the international shipping company (hereinafter referred to as the "Czechoslovak Republic") and submit them for further transport as bulk goods in international transport by rail or road;
(b) take over consignments of bulk goods arriving in international rail or road transport to the address of Čechofracht and, according to its disposition, shall, after customs consultation, divide, distribute and release to the designated addresses to domestic recipients.
(2) The railway consists of consignments of goods as ordered by the Čechofracht.
(3) The client or, where appropriate, the consignor must arrange for the partial consignment to be cleared prior to its dispatch to the railway station with the carrier office where the consignments must be transmitted with all necessary accompanying documents.
Price and expenditure
(1) The price for procuring and, where appropriate, carrying out transport-related operations is determined in principle by the tariff. 4)
(2) The price for the procurement, where appropriate, the performance of the operations and the final expenses which cannot be entered in the transport document shall be charged by the railway itself.
(3) The award of procurement and, where appropriate, the performance of the operations and the final expenditure, according to the accompanying documents, is collected by the railway by means of a recovery order (5), on the basis of an order from the recipients (orders.6).
Final provisions
(1) The terms and conditions for the transport of rail freight, registered in the amount of 46 / 1967 Coll. 7, are deleted.
(2) This Decree shall take effect on 1 March 1984.
Minister:
Ing. Blažek v. r.
1) E.g. Balance sheets; Part B of the Draft Customs Procedure.
2) List of railway stations ČSSR (TR-6).
3) § 354 of the Economic Code.
4) ČSD tariff for the transport service of the railway, registered in No 49 / 18 / 1983 of the Transport and Tariff Bulletin (TR-12).
5) Paragraph 24 (1) (a) of Decree No 10 / 1978 of the President of the SBČS Coll., on payment and settlement on the accounts of organisations.
6) Balance sheet submitted by the beneficiary (client).
7) Annex to Order No 151 of the Transport and Tariff Bulletin No 46 of 13.11.1967.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No. 8 / 1984 Coll., on the basic conditions of certain activities carried out by Czechoslovak State Railways in connection with transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.02.1984 |
|---|---|
| Effective from | 01.03.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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