ORDER OF THE MINISTRY OF TRANSPORT OF UKRAINE

of October 14, 1997 No. 363

About approval of Rules of transportation of goods by road transport in Ukraine

On accomplishment of Item 3 of the Section of the first of the Program of measures concerning ensuring safety of loads, protection them from plunders and the safety of passengers on transport approved by the resolution of the Cabinet of Ministers of Ukraine of January 5, 1995 No. 7, I ORDER:

1. Approve Rules of transportation of goods by road transport in Ukraine (are applied).

2. To State department of road transport of Ukraine (Dokil L. P.):

2.1. Bring to permission of the ministries, departments, the Government of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, associations, the companies, organizations and the organizations of road transport which fall within the scope of management of Ministry of Transport of Ukraine, Rules of transportation of goods by road transport in Ukraine.

2.2. Together with Main department for legal services of activities of transport (Loginova L. M.) in accordance with the established procedure tax on registration of the Rule of transportation of goods by road transport in Ukraine in the Ministry of Justice of Ukraine.

3. After commissioning of above-mentioned Rules rules of transportation of goods by road transport in USSR", USSR approved by the Ministry of road transport in coordination with the State Planning Committee of USSR and State arbitration under Council of Ministers of USSR void "(Sections 1-10 of 24.05.1971; Sections 11-39, 40, 43, 44, 46, 48 of 25.01.1972; Sections 45 and 49 of 06.03.1972; Section 47 of 20.10.1971).

4. "About approval of Rules of transportation of goods by road transport in Ukraine" to consider the order No. 394 of December 12, 1996 such which did not become effective.

5. To impose control over the implementation of the order on the First Deputy Minister L. M. Kostyuchenko.

Approved by the Order of the Ministry of transport of Ukraine of October 14, 1997 No. 363

Rules of transportation of goods by road transport in Ukraine

Rules of transportation of goods by road transport in Ukraine (further - Rules) determine the rights, obligations and responsibility of owners of road transport - Carriers and consignors and consignees - Customers.

These Rules do not regulate transportation of dangerous, heavy, bulky cargoes, mail and transportation of goods in the international message as such transportations have the features which concern accomplishment of complex of requirements in case of cargo-unloading works, actually course of carriage and its documentary registration, and also approval of such rules of the relevant competent organizations.

1. Terms and concepts

The terms and concepts provided in these Rules are used in such value:

Load - all objects from the moment of acceptance for transportations to delivery to the consignee.

Cargo piece - conventional unit of load for its acceptance for transportation or delivery to the consignee when implementing loading or release of rolling stock.

Cargo container - unit of the transport equipment of reuse intended for transportation and short-term storage of loads without intermediate overloads convenient for the mechanized loading and unloading, loadings and unloadings (unobstructed capacity is equal to 1 CBM also more).

The consignor - any physical person or legal entity which gives to carrier load for transportation.

The consignee - any physical person or legal entity which performs acceptance of loads, execution of commodity-transport documents and unloading of vehicles in accordance with the established procedure.

The agreement on transportation of goods - the bilateral agreement between carrier, the consignor or the consignee which is the legal document by which are regulated amount, term and conditions of transportation of goods, the right, obligation and responsibility of the parties concerning their observance.

The freight forwarder transport - the worker who provides accomplishment of complex of transactions of transport-forwarding servicing in transit of loads.

The order for transportation of goods - the document which the consignor gives to carrier on delivery of the caused consignment in agreed time frames.

The customer - the consignor or the consignee who signed the agreement on transportation of goods with carrier.

Delivery of load - provision to the consignee carrier of load, according to the commodity-transport document, with the following unloading and document creation about its transfer to the consignee.

Marking - the necessary texts, images and conditional marks contained on packaging, labels or the goods which is shipped for proper transportation and delivery of load to the receiver.

City transportations - transportation of loads, diverse behind structure, within the city.

Long-distance transportations - transportation of goods which are performed for city boundaries (settlement).

Amount of transportations - quantity of the load transported or declared by the consignor and accepted by carrier for delivery to the receiver (in tons).

Packaging - forming and binding of loads in the enlarged cargo piece which provides on delivery in the established conditions their integrity safety and allows to mechanize cargo-unloading and warehouse works.

Carrier - physical or legal person subject of managing which provides services in transportation of goods or performs at own expense transportation of goods by automotive vehicles.

The pallet - means of packaging which has flooring and, as necessary, superstructure for placement and fixture of load.

Acceptance of load - provision by the consignor prepared for shipment and commodity-transport documents to carrier with the following load of the vehicle and document creation about acceptance of load by carrier for sending.

The route sheet - the document of the sample established by the legislation for determination and accounting of work of the automotive vehicle.

Trail car - the vehicle without own power source adapted for towage by the car.

The truck tractor - the car which on the design and the equipment is intended for towage of semitrailer truck.

The special equipment vehicle - the car which on the design and the equipment is intended for accomplishment of special working functions.

The specialized car - the car which on the design and the equipment is intended for transportation of goods of certain categories.

Means of packaging - means for forming and cargo securing in the enlarged cargo piece, except for paketoformiruyushchy and the paketoskreplyayushchy equipment as a result of which application packaging is provided.

Container - basic element of packaging which represents product for placement of products.

Commodity-transport documentation - set of legal documents based on which perform accounting, acceptance, transfer, transportation, delivery of load and mutual calculations between participants of transport process.

The commodity-transport delivery note - the document, single for all participants of transport process, intended for accounting of inventory items on the way of their movement, calculations for cargo hauling and accounting of the performed work, is also one of documents which can be used for write-off of inventory items, receipts, warehouse, operational and financial accounting which can be constituted in paper and/or electronic form and shall contain the obligatory details provided by these rules.

Transport service - transportation of goods and complex of auxillary operations which are connected with cargo delivery by road transport.

2. General information about loads

2.1. Loads which go for transportation are classified by such signs: type of products of different producers, physical condition, container availability, method of loading and unloading, specific properties, weight and dimensions.

2.2. Loads are divided by products types on:

- products of agricultural industry;

- products forest, woodworking and pulp and paper industry;

- ores metal;

- products of the fuel and energy industry;

- mineral raw materials, mineral construction materials and products;

- products of metallurgical industry;

- products of the chemical industry;

- products of food, meat-and-milk and fish industry;

- manufactured goods of national consumption;

- products of mechanical engineering, instrument making and metal-working industry;

- other loads.

2.3. On physical condition loads can be firm, liquid and gaseous.

2.4. On container availability loads are subdivided into for what the container is necessary and for which it is not necessary.

2.5. On method of loading and unloading loads happen: piece, loose, bulk and bulk.

2.6. Such loads as perishable, dangerous, insanitary and live - have the specific properties.

2.7. Depending on weight, dimensions of one cargo piece and specifics loads are subdivided on such which are transported: by these rules and by special rules (heavyweight, large-size, dangerous).

By these rules transportation of goods which lot and dimensions in transport provision together with the vehicle do not exceed restrictions which are set by Traffic regulations of Ukraine are performed.

3. Rules of the conclusion of agreements

3.1. Agreements on transportation of goods are signed by road transport between physical persons and legal entities which perform motor transportations of loads on commercial basis (further - Carriers), and consignors or consignees (further - Customers). The approximate agreement on transportation of goods is given by road transport in the city and long-distance message (further the Agreement) in appendix 1.

3.2. The agreement on transportation of goods can be signed by Carrier with the intermediary company which has the rights and performs duties and responsibility which are provided for consignors and consignees.

3.3. Road transport can find initiative about establishment of contractual relations for transportation of goods both Carrier, and the consignor (consignee) - future Customer.

3.4. After the Carrier and the Customer approved conditions of transportations and calculations, the draft agreement with necessary appendices to it in duplicate is approved by the signature of Carrier the Carrier shall send to the Customer not later than in three days after its approval.

3.5. In the Agreement are established: the term of its action, amounts of transportations, conditions of transportations (operating mode on issue and acceptance of load, ensuring safety of load, accomplishment of cargo-unloading works and such other), carrier cost and procedure of payments, procedure for determination of rational routes, obligations of the Parties, responsibility and so forth.

3.5.1. The customer not later than in 10 days after obtaining from Carrier of the draft agreement signs it and appendices to it, and one copy returns to Carrier.

3.5.2. If at the Customer is to disagreement under the Agreement, he shall formulate the offers in the protocol of disagreements and send them to Carrier together with the Agreement to 10-day time.

3.5.3. The carrier shall consider the protocol of disagreements of the Customer, in case of requirement - together with it and to include all accepted offers in the Agreement.

3.5.4. In case of not return to Carrier of the draft agreement signed and certified by seals with appendices in the 10-day time, the Agreement gains strength in the editorial office of Carrier.

3.6. According to the Agreement Carrier and Customer within the quarter plan in 10 days prior to the beginning of every month determine monthly plans with decade plan targets for transportation of goods.

3.7. On transportation of goods by road transport the Customer provides to Carrier in the presence of the Agreement the request according to the established form (appendix 4 to the Agreement).

In case of mass transportation of goods, especially construction on places of constructions, and also agricultural loads for their conversion or to places of long-term storage, the Customer shall attach to the request the schedule of accomplishment of transportations which is also approved with Carrier with indication of daily or average daily amount of transportations, and also the beginning and the end of work of changes.

3.8. The request goes to Carrier in time, defined by the Agreement.

In coordination with Carrier the Customer can transfer the shipping request of loads by electronic or other means of communication. In this case in such request there shall be necessary data which characterize the name and quantity of load, the address of loading and unloading, haulage distances and sort of packaging.

3.9. Carriers can transport loads according to the one-time agreement which approximate form is given in appendix 2.

4. Cargo insurance

The customer for the purpose of compensation of the losses caused to it in case of total or partial loss, damage or spoil of load in transit, owing to natural disaster and so forth can insure the property according to the Law of Ukraine "About insurance".

5. Rules of packing of loads

5.1. Packing is process of placement of products in packaging (container). Packaging (container) shall meet state standards.

5.2. To packaging such requirements are put:

- the type of packaging shall answer features of load;

- packaging shall provide complete preserving load during its transportation taking into account cargo-unloading works;

- packaging shall answer climatic conditions;

- packaging shall meet the requirements of customs regime;

- packaging can carry out the advertizing purposes.

5.3. In case of the choice of packaging it is necessary to consider method, distance and duration of transportation, possibility of transhipment of cargo in transit, temperature condition and humidity during transportation, time of the year (weather conditions), compatibility with other loads and so forth.

5.4. Nature of packaging shall answer type of cargo, load-carrying capacity of the car, profile and condition of the road and other conditions.

5.5. Packaging for transportation of goods which require chilling or intensive ventilation of air shall be with gleams.

5.6. Packaging for transportation of frozen loads shall be continuous, without gleams.

5.7. Cans shall be very tightly closed by covers with rubber or paper laying and are sealed up by the sender. Acceptance for transportation of cans which have leak is not allowed.

5.8. Fruit and vegetables stack in the closed packaging very tightly for exception of possibility of their movement.

5.9. Manufactured goods for transportation pack in firm (clapboard, plywood boxes), semisolid (the pressed piles using plates and levels) and soft packaging (the pressed piles without plates and levels, bales, trunks, fabric sacks, rogozhny sacks, rolls).

5.10. When packing manufactured goods in firm packaging boxes shall be fitted on end faces by the metal tape fastened "in the lock".

5.11. When packing in semisolid packaging of pile it is necessary to cover with one layer of brown paper and one layer of packaging fabric from all directions so that completely to save pile content from pollution, spoil, loss of appearance and bruise.

5.12. In case of soft packing the pile is covered with two layers of brown paper, one layer of packaging fabric and fitted metal tape with laying under tape along perimeter of pile of cardboard 3-4 mm thick and in width at least 60 mm.

5.13. When packing in bales fabric is wrapped up paper, packaging fabric, sewn up lengthways with one seam, sewing up end faces, and fit rope.

5.14. Cans and drums need to be put in strong wooden armor, large bottles - in armor or baskets and to condense with wood shaving, to pack banks and tubes into cardboard or wooden boxes.

6. Rules of determination of mass of loads

6.1. On the packed and breakbulk unpacked cargoes, except those which are transported by pile the Customer shall note weight gross and net. On loads of standard weight it is not obligatory to specify it.

6.2. Determination of mass of load is performed by technical means of the Customer.

6.3. In transit loads in the covered cars and trail cars, separate sections of the cars, containers and tanks which are sealed up by the Customer, determination of mass of load is carried out by the Customer.

6.4. In case of loading of load its weighing or the account of places is performed (or pieces). The load is accepted without check of weight if it is provided for transportation in special bodies or containers in the presence on them the Customer's seals. Besides, it can be accepted behind the weight which was notified by the Customer.

6.5. It is required by identical method determine the weight or quantity of load at the consignor and the consignee. In case of acceptance of load for transportation behind weight it is necessary to weigh all load. Determination of lump of load weighing of certain places is forbidden.

6.6. Mass of dry and bulked cargoes, and also food liquid cargoes which transport in cars tanks is determined, mainly, automobile scales.

6.7. Before loading of grain loads, food liquid cargoes, potatoes and vegetables the car tare mass is checked.

6.8. Before weighing of cars automobile scales it is necessary to check gaps between the tying frame and platform of scales; check indications of scales without loading and in case of the need to adjust them. It is necessary to inspect cars which are subject to weighing and to trace that all people left cabin and body.

6.9. Cars go to scales with speed of no more than 5 km/h if another is not provided by passport data of scales. Weighing by automobile scales without stopping of cars is (on the run) forbidden, except cases of use of the scales which are specially appointed for this purpose. In case of establishment of cars on weight it is necessary to watch that the back axis of the car was not closer than 300 mm from edge of platform. Cars are weighed only in case of the stopped engine.

6.10. When weighing the road train it is necessary to constitute all road train on scales. If the sizes of platform do not allow to establish all road train, then the car and trail car weigh separately, at the same time it is necessary to trace that dyshlo the trailer did not concern the earth.

6.11. When weighing bulky and long goods it is necessary to look after that the falling ends of loads did not concern motionless parts of scales (bed, column and so forth) or the tying frame.

7. Rules of marking of loads

7.1. By provision of loads in container or packaging and breakbulk cargoes small departures the Customer shall zamarkirovat beforehand each cargo piece according to state standard.

In marking are specified:

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