RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 2, 1999 No. 1196

About approval of the Charter of rail transport public

The Council of Ministers of the Republic of Belarus decides:

1. Approve the Charter of rail transport public it (is applied).

2. Determine that the Charter of rail transport public becomes effective since January 1, 2000.

To the Belarusian railroad since January 1, 2000:

provide acceptance in accordance with the established procedure of the regulatory legal acts necessary for implementation of the Charter;

introduce in accordance with the established procedure in Council of Ministers of the Republic of Belarus offers on reduction of decisions of the Government of the Republic of Belarus in compliance with the Charter.

3. To the ministries, other republican state bodies, associations subordinated to the Government of the Republic of Belarus to bring till January 1, 2000 the regulatory legal acts into compliance with the Charter of rail transport public.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 2, 1999, No. 1196

Charter of rail transport public

Chapter 1. General provisions

1. This Charter No. 237-Z "About rail transport" is developed according to the Law of the Republic of Belarus of January 6, 1999.

This Charter governs the relations arising between national association "Belarusian railroad" (further – the Belarusian railroad), the organizations which are its part, performing carriages of goods, passengers, baggage and cargo baggage, other carriers if the possibility of provision to such carriers of access to services of infrastructure of rail transport public (further – infrastructure) for implementation of transportations is provided by international treaties of the Republic of Belarus (further – carriers), consignors (senders), consignees (receivers), consolidators of shipping requests of loads railway transport public, passengers, owners of infrastructure, owners of railway tracks of uncommon use, other physical persons and legal entities when using them services of rail transport public and also determines procedure for the organization of public conveyances, loads, baggage and cargo baggage, the basic rules of operation of railway tracks of uncommon use and the relation of carriers with the organizations of other modes of transport.

2. Rail transport public (further – rail transport) is designed to provide in interaction with other modes of transport of requirement of economy and the population in transportations and the related works and services, traffic security and operation of rail transport, environmental protection, market grouping of transport works and services.

3. For the purposes of this Charter the following main terms and their determinations are used:

cars, containers of consignors, consignees – the cars, containers belonging to consignors, consignees on the property right, the leases (free use) or other legal cause including provided to them by the operator of cars, containers;

cars, containers of carrier – the cars, containers belonging to carrier on the property right, the right of economic maintaining, operational management or other legal cause, including cars, containers of carriers of other state, and registered in such quality in accordance with the established procedure;

freight terminal (the freight railway terminal) – complex of the devices located in places public of railway stations and the loads intended for ensuring accomplishment of cargo operations in transit by rail;

the consignor (sender) – the physical person or legal entity performing departure of load, baggage, cargo baggage and specified in carriage documents;

the consignee (receiver) – the physical person or legal entity authorized on receipt of load, baggage, cargo baggage and specified in carriage documents;

consolidator of shipping requests of loads railway transport public – the Republic of Belarus determined by Council of Ministers the state body, other organization performing representation of the shipping request of loads to carrier as the consignor and also consideration of the shipping request of loads of other consignor and the direction of results of consideration of the shipping request of loads (confirmation, non-confirmation, partial confirmation) to carrier for further approval;

places of uncommon use – the railway tracks of uncommon use and also covered and the ground storages and sites which are not belonging to the owner of infrastructure or leased to them and used by certain consumers for implementation of transactions on loading, unloading, storage of loads;

places public – covered warehouses, and also the sites which are specially allocated for the territories of railway station belonging to the owner of infrastructure and used for accomplishment of transactions on loading, unloading, sorting, storage of loads, including containers, baggage and cargo baggage;

the operator of cars, containers – physical person or legal entity, being the individual entrepreneur, having cars, containers on the property right or other legal cause and rendering services in provision of cars, containers for carriages of goods by railway transport based on the freight forwarding agreement or other agreement;

the passenger railway terminal – the complex of devices, buildings and constructions of the organizations of rail transport public intended for execution of travel documents (tickets) and rendering the services (performance of works) connected with public conveyances, baggage, cargo baggage;

the carriage document – the document confirming the conclusion of the transportation agreement of load (the transport rail waybill) or certifying the conclusion of the transportation agreement of the passenger, baggage, cargo baggage (the travel document (ticket), the luggage receipt, the cargo luggage receipt, other document);

trains of city lines – the trains which are plying in the city message and having the corresponding numbering;

trains of commercial lines – the trains appointed on contractual conditions on the request of legal entity or physical person and having the corresponding numbering;

trains of the international lines – the trains which are plying in the international message and having the corresponding numbering;

trains of interregional lines – the trains which are plying in the interregional message and having the corresponding numbering;

trains of regional lines – the trains which are plying in the regional message and having the corresponding numbering;

rules of carriages of goods by railway transport public (further – rules of carriages of goods) – the regulatory legal acts containing obligatory for carriers, owners of infrastructure, consignors, consignees, owners of railway tracks of uncommon use, other legal entities and physical persons of condition of carriages of goods taking into account their features for the purpose of safety control of movement and operation of rail transport, safety of loads and vehicles of rail transport, containers taking into account ecological safety;

Rules of public conveyances, baggage and cargo baggage by railway transport public (further – rules of public conveyances, baggage and cargo baggage) – the regulatory legal act containing obligatory for carriers, passengers, senders and receivers of baggage and cargo baggage of condition of transportations taking into account their features for the purpose of safety control of movement and operation of rail transport, timeliness of public conveyances, delivery of baggage and cargo baggage;

rascreditovaniye of carriage documents – registration of issue of load according to carriage documents with issue to the consignee of the transport rail waybill on receipt in the road sheet;

the collection of rules of transportations and rates of rail transport public – the information publication of the Belarusian railroad in which regulatory legal acts and other documents concerning transportations by railway transport are published;

specialized cars – the cars of different types having special design and intended for transportation of one or several groups of loads (tanks, hoppers, mineral wagons, bunker gondola cars, refrigerated cars, platforms for timber cargoes, gondola cars for technological spill and others);

universal cars – the cars of the main types intended for transportation of loads, different in properties (closed cars, gondola cars and platforms).

Other terms applied in this Charter are used in the values determined in article 1 of the Law of the Republic of Belarus "About rail transport" and article 1 of the Law of the Republic of Belarus of June 6, 2001 No. 32-Z "About transportation of dangerous goods" and also in rules of carriages of goods, rules of public conveyances, baggage and cargo baggage.

4. Operation of this Charter extends to public conveyances, loads, baggage and cargo baggage by rail to the railway stations open for general use, including to carriages of goods which loading and unloading are made on railway tracks of uncommon use.

Public conveyances, loads, baggage and cargo baggage in the international message are performed according to the Agreement on the international railway freight traffic of November 1, 1951, the Agreement on the international passenger traffic of November 1, 1951 and other international treaties.

Dangerous goods taking into account their features is transported according to the legislation in the field of transportation of dangerous goods.

Owners of infrastructure are the Belarusian railroad and the organizations which are its part to which infrastructure is assigned on the right of economic maintaining.

5. Public conveyances, loads, baggage and cargo baggage are performed by national (common network) carriers – the Belarusian railroad and the organizations which are its part.

Public conveyances, loads, baggage and cargo baggage on the sites of infrastructure determined by the Belarusian railroad except national (common network) carriers other carriers who are not the legal entities of the Republic of Belarus and citizens of the Republic of Belarus registered as individual entrepreneurs if the possibility of provision to such carriers of access to services of infrastructure is provided by international treaties of the Republic of Belarus and on condition of the conclusion them service provision agreements of infrastructure can perform.

6. Rules of access to services of infrastructure and the rule of rendering services of infrastructure affirm Council of Ministers of the Republic of Belarus.

Military and special rail haulings are performed by national (common network) carriers.

Features of the organization and implementation of military rail haulings are determined by the Charter of military rail haulings approved by Council of Ministers of the Republic of Belarus.

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