ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of March 13, 2007 No. 28

About approval of Rules of realization of loads on rail transport

According to articles 3 and 48 of the Federal Law of January 10, 2003 N18-FZ "Charter of Rail Transport of the Russian Federation" (The Russian Federation Code, 2003, N 2, 170) I order to the Art.:

Approve the enclosed Rules of realization of loads on rail transport.

Approved by the order of Ministry of Transport of the Russian Federation of March 13, 2007 No. 28

Rules of realization of loads on rail transport

1. These rules N18-FZ "Charter of Rail Transport of the Russian Federation" (The Russian Federation Code, 2003, N 2, of the Art. 170) are developed according to articles 3 and 48 of the Federal Law of January 10, 2003 (further the Charter) and determine procedure for realization of loads by carrier on rail transport when the Charter provides the right of carrier independently to realize loads.

2. According to the Charter the carrier has the right to independently realize loads:

in case of absence on station of destination of the consignee specified in the transport rail waybill if the consignor does not make the decision on destiny of loads and there is no opportunity to return such loads to the consignor;

the obligations of the consignee withheld in providing on introduction of the carriage charge of the loads and other payments which are due to carrier which are not brought by the consignor if the consignee did not take measures for introduction of the carriage charge of the loads and other payments which are due to carrier which are not brought by the consignor in the terms established by the Charter and rules of carriages of goods, and the consignor did not dispose of the withheld loads (concerning food and perishable loads);

being considered lost and the expirations of the terms provided by the Charter for recognition of load which arrived later lost, in case of refusal the consignee from acceptance of such loads or non-presentation of the decision on their destiny by it;

in the presence of circumstances, the stipulated in Article 29 Charters interfering cargo delivery to destination or issue to the proper consignee, it is equal if for the specified reasons storage durations of loads expired if the consignor or the consignee do not make the decision on the future of loads and there is no opportunity to return these loads to the consignor;

detained at border and port transfer stations by customs authorities or other state control (supervision) bodies for cause of infringement the consignor of rules of carriages of goods or customs rules, in case of rejection by the consignor of measures concerning such loads if other is not provided by the agreement between carrier and the consignor or the consignee.

Orders of consignors or consignees about destiny of loads are drawn up in writing if other is not established by the agreement of the parties, and are led up to carrier in the terms determined by the Charter.

3. Realization of loads in the cases which are not specified in Item 2 of these rules is performed according to the procedure, stipulated by the legislation the Russian Federation.

4. The realization of loads is enabled according to the decision of carrier. The list of divisions of the organization carrier which can make the decision on realization of loads and realize loads according to these rules, is determined by carrier.

5. The decision of carrier on realization of load is drawn up in writing.

6. According to article 48 of the Charter the realization of loads by carrier is enabled in accordance with the legislation of the Russian Federation on the terms of purchase and sale agreements, proceeding from the price of loads supported by the documents on payment or in the absence of such documents established by the relevant agreement, or proceeding from the price which under comparable circumstances is usually levied for similar goods, or based on expert evaluation.

7. The expert evaluation of cost of loads which is carried out according to Item 6 of these rules is performed according to the procedure, N135-FZ "About Estimative Activities in the Russian Federation" provided by the Federal Law of July 29, 1998 (The Russian Federation Code, 1998, N 31, the Art. 3813).

8. The carrier provides storage and accounting of carriage documents, the documents confirming the facts of realization of loads including decisions on realization of loads, authentic copies of purchase and sale agreements of loads remaining with carrier, results of expert evaluation.

9. The order is performed by the amounts received by carrier for the realized loads according to the procedure, provided by the Charter.

10. The carrier undertakes necessary measures for search of the consignor, consignee for transfer of the amount received for the loads realized according to these rules.

11. After realization of loads, in the column 4 "Marks about Issue of Load" of the transport rail waybill which form is given in appendix N1 to Rules of filling of carriage documents on carriage of goods by the railway transport approved by the order of Ministry of Railways of Russia of June 18, 2003 N39 (it is registered by the Ministry of Justice of the Russian Federation on June 30, 2003, registration N 4819), the mark becomes "The load is realized. The purchase and sale agreement from ____ N _____". The mark is certified by the signature of the authorized representative of carrier and its stamp on station of destination. In the absence of opportunity to make mark in the transport rail waybill the fact of realization of load makes sure of the relevant statement which is drawn up according to the Rules of creation of acts in case of carriages of goods by railway transport approved by the order of Ministry of Railways of Russia of June 18, 2003 N45 (it is registered by the Ministry of Justice of the Russian Federation on June 30, 2003, registration N 4856).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info