of March 31, 2008 No. 40
About approval of rules of carriages of goods by railway transport public
In pursuance of Item 6 of the Charter of rail transport of the general use approved by the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1196, in edition of the resolution of Council of Ministers of the Republic of Belarus of September 3, 2007 No. 1134 and based on the Regulations on the Ministry of Transport and Communications of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 985 "Questions of the Ministry of Transport and Communications of the Republic of Belarus", the Ministry of Transport and Communications of the Republic of Belarus DECIDES:
1. Approve enclosed:
V. G. Sosnovsky
Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40
1. These rules regulate procedure for acceptance to carriage of goods by railway transport public in places of general and uncommon use of the railway stations open for commercial transactions.
These rules are applied to cargo reception to transportation as well in the international railway service if other is not established by the corresponding international treaties.
2. Carriages of goods can be performed by car, container, small, group and route sendings.
Car sending is considered shown to transportation according to one transport rail waybill (further - delivery note) load which transportation requires provision of the separate car.
The load shown to transportation on one superimposed which transportation requires provision of individual container is considered container sending.
The load shown to transportation on one superimposed which transportation does not require provision of the separate car is considered small sending.
The load shown to transportation on one superimposed which transportation requires provision more than one car, but less route sending is considered group sending.
The load shown to transportation on one superimposed which transportation requires provision of cars in the quantity meeting standards for routes on the weight and length is considered route sending.
Combined car sending the load of different names and line items of the nomenclature of loads shown on one superimposed to one consignee is considered.
3. The basis for cargo reception to transportation is availability of the shipping request of load with mark about its acceptance and the consent of carrier expressed by vising of the original of delivery note about loading appointment of the day.
4. To the consignor for loading of cars the carrier shall notify the consignor not later than two hours before giving with simultaneous registration of such notification in the book of notifications on time of giving of cars on the forthcoming giving for loading or unloading (further - the book of notifications).
The notification on time of giving of cars for loading is not required if loading is provided with the cars sent under unloading.
The notification procedure about time of giving of cars for loading (including when loading by means of the consignor in places public) is established by carrier. For the notification the available communicating device can be used. According to the proposal of the consignor other notification procedure can be established. For ensuring acceptance of notifications with the consignor persons, responsible for acceptance of notifications, are determined, surnames and phone numbers (faxes, telex) of which are in writing reported to carrier. For record of notifications on time of giving of cars for loading by the carrier keeps the book of notifications with indication of in it quantities and sorts of the cars, containers and other data provided by form.
The cars sent for loading with violation of submission due dates or without notice are accepted by the consignor for loading from the moment of presentation by their carrier.
At the same time cars are considered the sent and paid time of use of cars is calculated:
when giving without notice - after two hours from the moment of the actual giving of cars;
when giving of the term which is earlier established in the notification - from the moment of approach of this term;
when giving with delay to the term specified in the notification - from the moment of the actual giving of cars.
If delay exceeds two hours, then the carrier shall notify the consignor on the forthcoming giving again.
5. According to Item 38 of the Charter of rail transport of the general use approved by the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1196 (The national register of legal acts of the Republic of Belarus, 1999, No. 67, 5/1506; National legal Internet portal of the Republic of Belarus, 18.07. 2015, 5/40785), cargo loading can be temporarily stopped or limited. The carrier notifies consignors within 2 hours after receipt of the corresponding order of the Chief of the Belarusian railroad or his deputy on the termination or restriction of cargo loading. The notification is performed by the room of the announcement in division on servicing of consignors, consignees on railway station. According to the proposal of the consignor other notification procedure can be established by carrier. Consignors within 12 hours from the moment of the notification shall suspend or limit cargo loading to the established amounts.
6. Preparation of tanks and bunker gondola cars under filling is made by consignors or in the presence of opportunity carrier at the expense of consignors according to the agreements signed between them.
Suitability of cars, containers under transportation of specific load in the commercial relation (condition of cargo sections of the cars, containers suitable for transportation of specific load, absence in cars, containers of foreign smell, other adverse factors, except for effects of precipitations in open cars, and also the features of internal designs of bodies of cars, containers influencing condition of loads in case of their loading, unloading and transportation) is determined in the relation:
cars - consignors if loading is made by them, or carrier if loading is made by carrier;
containers, specialized cars - consignors.
If according to requirements of acts of the legislation, the signed contracts or agreements to deliver goods suitability of cars, containers for transportation of separate categories of loads shall make sure of the commercial relation certain document, this confirmation in all cases is provided with the consignor at own expense.
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