RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 17, 2009 No. 142

About approval of Rules of carriages of goods by road transport

For the purpose of ensuring execution of Item 1.6 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About road transport" of July 4, 2009, 792, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

1. Approve "Rules of carriages of goods by road transport" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 17, 2009 No. 142

Rules of carriages of goods by road transport

I. General rules

1. Scope of application

1.1. "Rules of carriages of goods" (further - Rules) are developed by road transport according to the Law of the Azerbaijan Republic "About road transport", and also other regulatory legal acts of the Azerbaijan Republic.

These rules establish the organization and accomplishment of the international and internal carriage of goods by road media by automobile carriers (further - carriers), separate requirements concerning transportation of different loads, and also regulates relations between the consignor (consignee) and carrier, determines their rights, obligations and responsibility.

1.2. The international cargo transportation road transport is performed by the operator of the international cargo transportation road transport according to international treaties and intergovernmental agreements which party is the Azerbaijan Republic, these rules, the customs legislation and other regulatory legal acts of the Azerbaijan Republic.

1.3. When implementing the international cargo transportation road transport, the transactions connected with loads are carried out with observance of the corresponding customs rules.

1.4. Rules of transportation of dangerous goods are established by the corresponding regulatory legal acts of the Azerbaijan Republic.

1.5. The sanitary and hygienic mode of transportation and storage of the fast-spoiling loads, including term of sale is regulated by these rules and the corresponding regulatory legal acts of the Azerbaijan Republic.

1.6. Rules of transportations of the bulky and heavy loads by road transport promoting violation of the existing restrictions on weight and dimensions of vehicles when transporting are established by the corresponding regulatory legal acts of the Azerbaijan Republic.

1.7. These rules do not extend to the following transportations by road transport:

1.7.1. the transportations performed by the vehicles belonging to municipal services and services of emergency medical service and also the Ministry of digital development and transport of the Azerbaijan Republic assigned to services of emergency emergency aid;

1.7.2. the transportations by the car connected with defense, protection of public order and elimination of emergency situations;

1.7.3. the transportations which are carried out by the vehicles intended for official and office use by public authorities, state-financed organizations and local government bodies, the Central Bank of the Azerbaijan Republic, off-budget state funds, diplomatic and consular representations of foreign states, representative offices of the international organizations;

1.7.4. technological and intraeconomic (in the companies, objects) the transportations by road transport which are carried out by legal entities and business owners without departure on highways public;

1.7.5. transportations by the vehicles which are in property or use of physical persons for personal needs.

1.8. Insurance of the vehicle of carrier, and also the responsibility provided by Articles 53, 54 and 55 Laws of the Azerbaijan Republic "About road transport" is performed in voluntary procedure.

1.9. The information about the legal entities and individual entrepreneurs performing cargo transportation road transport and also about the road media which are in their property, use or lease is transferred to information system "AINU" according to "Regulations on information system "AINU", No. 1956 approved by the Presidential decree of the Azerbaijan Republic of December 30, 2022

2. Basic concepts

2.1. The basic concepts used for the purposes of these rules have the following value:

2.1.1. carriage of goods of commercial purpose road transport - the agreement on cargo transportation, or the cargo transportation which is carried out on other legal causes and with carrier cost payment;

2.1.2. the international cargo transportation - the cargo transportation performed by vehicles through the territory of the Azerbaijan Republic to other states or from other states on the territory of the Azerbaijan Republic and also en route through the territory of the Azerbaijan Republic;

2.1.3. carrier - the legal entity or the business owner who is carrying out cargo transportation, having right of possession, leases or uses of vehicles for remuneration based on the transportation agreement or other legal causes;

2.1.3-1. the operator of the international cargo transportation road transport (further - the operator) - the legal entity or physical person performing the international cargo transportation road transport, answering to the criteria connected with goodwill, financial position and professional competence, and also meeting the requirements concerning training level of his driver., registered by the Ministry of digital development and transport;

2.1.3-2. the person in charge of the operator - physical person which actually and continuously directs transport activities of the operator based on the agreement, and also answers the criteria connected with professional competence;

2.1.4. the Permission form - the Permission form of foreign states issued to operators for accomplishment of the international motor transportations in the territory of the foreign states which signed the international treaty with the Azerbaijan Republic on the international motor transportations;

2.1.5. internal cargo transportation - the cargo transportation performed within the Azerbaijan Republic;

2.1.6. trail car - any vehicle provided for towage by means of the motorized vehicle;

2.1.7. the customer - the legal entity or the business owner (the consignor, the consignee or the freight forwarder) who signed the contract with carrier on cargo transportation;

2.1.8. the driver - person having the right to manage the vehicle which is directly participating in transportation process, and also representing in certain cases of carrier;

2.1.9. the fast-spoiling load - the loads requiring when transporting for safety (safety) the special temperature and observance of the sanitary and hygienic mode;

2.1.10. the terminal - complex of the buildings, constructions and technical means intended for accumulating, sorting, control and the subsequent sending loads;

2.1.11. the station wagon container - repeatedly used container in amount at least 1 CBM intended for carriages of goods without container in primary package or the facilitated container;

2.1.12. the cargo vehicle of general purpose - the cargo vehicle used in case of goods transportation, with onboard platform, not equipped with means of self-loading - self-unloadings or other special fittings;

2.1.13. the cargo vehicle of special design - the cargo vehicle with special body for carriage of goods of certain type;

2.1.14. semitrailer truck - provided for hitch with the cargo vehicle so that considerable part of its weight and loading was transferred to this vehicle;

2.1.15. load - the goods of commodity or non-commodity assignment accepted from the place for remuneration for delivery by automobile carrier in destination;

2.1.16. the cargo vehicle - the vehicle, on design and the equipped equipment intended for cargo hauling;

2.1.17. the consignor - legal entity or physical person on whose name shipment is drawn up;

2.1.18. the consignee - person having the right to receive the delivered loads on the basis of the agreement on goods transportation by road transport or other relevant documents;

2.1.19. the tachograph - the electromechanical or electronic instrument of control which is established on the vehicle for the purpose of continuous measurement or registration of all data on movement of the vehicle, including about covered distance, motion speed, and also about the periods of work and rest of drivers.

II. Regulation of cargo transportation within the country

3. Regulations of Admission of loads to transportation

3.1. The carrier, for implementation of commercial transportations by road transport, shall accept loads based on the agreement signed with the customer.

3.2. Depending on conditions, between carrier and the customer the following agreements can be signed:

3.2.1. transportation agreement of loads road transport;

3.2.2. agreement on the organization of carriages of goods by road transport;

3.2.3. the lease (chartering) of the vehicle for carriage of goods;

3.3. Accomplishment of carriages of goods of commercial assignment for certain period of time, and also one or several runs is drawn up by the lease (chartering) of the vehicle, concluded on the standard sample provided in appendix of 1 these rules. This agreement can be signed with condition of provision of one or several vehicles, suitable for carriage of goods of complete or partial capacity, on one or several runs on payment execution to other party.

3.4. Under the agreement of motor transportation of load the carrier shall deliver the load assigned to it to the destination and transfer him to the consignee or person authorized on receipt of load, and the sender, the consignee or other representative by them to person. shall pay the specified transport carriage charge of load.

The conclusion of the transportation agreement of load road transport is confirmed by the commodity-transport delivery note constituted in triplicate in the form specified in appendix 2 to these rules. The load on which the commodity-transport delivery note is not drawn up on transportation is not accepted. Incorrectly constituted way bill or its loss does not influence validity of the signed transportation agreement of load.

3.5. The agreement on the organization of transportations by road transport is signed between the freight owner and carrier to the approximate sample specified in appendix 3 to these rules in need of implementation of systematic carriages of goods by road transport, in it amounts, terms, issue conditions, procedure of payments and other conditions of the organization of transportations, stipulated by the legislation the Azerbaijan Republic are established. The agreement on the organization of transportations by road transport can be also signed between the consignor (consignee) and the freight forwarder.

3.6. In the presence of the agreement on the organization of cargo transportation by road transport, the customer represents to carrier no later than 48 hours prior to cargo haulings the request constituted in the form specified in appendix 4 to these rules.

As agreed by the parties the shipping request of load can be constituted for one day, week, ten days, the month or other term provided by the agreement.

3.7. Creation of commodity-transport delivery note by carrier after receipt of the non-repeat order constituted in the form specified in appendix 5 to these rules is equated to the conclusion of the agreement on the organization of cargo transportation by road transport.

3.8. When entering any changes or amendments into conditions of the approved one-time request, the customer (carrier, the freight forwarder) notifies on it other party no later than 11:00 o'clock in the afternoon, the implementation of earlier approved transportation preceding day.

3.9. If other is not provided by the agreement, the carrier independently establishes type and the number of the cargo vehicles necessary for agreement performance.

3.10. The carrier shall provide in the terms established by the transportation agreement technically operational vehicles, in the condition suitable for transportation of the corresponding type of cargo.

3.11. Suitability of the vehicle for transportation of this or that type of cargo is established by carrier. If the provided vehicle does not suit the consignor, he, shall draw up the statement, in the form specified in appendix 6 to these rules and to provide it to carrier.

3.12. The carrier shall transport loads along the shortest route open for movement of vehicles, except as specified, when on road conditions of more rational transportation with the increased run is about what the carrier in case of acceptance of the order or request shall inform the customer of increase in haulage distance.

3.13. The carrier shall execute carriage of goods within the country in the terms established by the agreement. Recommended terms are specified in appendix 7 to these rules. Calculation of delivery date of load begins with the moment of its acceptance on transportation.

3.14. In case of stop on the way of the vehicle supervision bodies, the delay time increases to delivery date. The representative of supervision body brings mark in the route sheet about vehicle delay, with indication of the reasons and terms of delay. The consignor (consignee) is informed by carrier on cargo delivery delay.

3.15. The types of container (packaging) and parameters applied to carriage of goods shall conform to requirements of technical regulatory legal acts.

3.16. The load which is shown by the consignor being able not conforming to requirements of these rules and was not conditioned by it at the scheduled time, it is considered not shown.

3.17. If the carrier cannot ensure safety of load in transit, he can refuse cargo reception for transportation for the following reasons:

3.17.1. the load is shown by the sender in inadequate container or packaging or does not correspond to the order taken on execution;

3.17.2. the mass of batch of the shown load, exceeds load-carrying capacity of the vehicle;

3.17.3. the load cannot be delivered because of black-out or traffic restriction of vehicles on highways.

3.18. The customer in cases, stipulated in Item 3.17. these rules, shall pay to carrier vehicle run cost in both directions from the place of giving of the car to the shipping place.

3.19. The consignor (freight forwarder) shall not represent load on transportation, and carrier to accept it in the following cases:

3.19.1. if such transportation is prohibited by the legislation of the Azerbaijan Republic;

3.19.2. if concerning loads of commodity assignment the commodity-transport delivery note or not available other required documents provided in regulatory legal acts for loads of this type is not constituted;

3.19.3. if joint transportation of the loads, different on the properties, shown to transportation in one vehicle is not allowed;

3.19.4. if the load creates danger of traffic safety, limits visibility to the driver, complicates management of the vehicle or breaks his endurance, closes outside lighting instruments, light reflectors, serial and identification numbers, creates noise, kicks up dust, pollutes the road and the environment.

3.20. Except for loads which maintenance in accordance with the terms of the agreement shall be organized by carrier or the customer the customer will organize maintenance of the following loads:

3.20.1. the special condition of carriages requiring in character (the explosive, radioactive materials compressed and the igniting spontaneously substances, compressed and liquefied gases, flammable fluids (except liquid fuels), the poisoning strong substances, caustic substances);

3.20.2. requiring special protection (gemstones, precious metals, jewelry, art products and antiquarian things, pictures, sculptural works and other objects of art);

3.20.3. requiring leaving in transit (animals, birds, live fish and bees).

3.21. If the load to be transported accompanied by the customer representative, in commodity-transport delivery note the surname, name and middle name of person accompanying load shall be entered.

3.22. If the load value announced by the customer does not raise doubts at carrier, this load can be accepted on transportation. If the value of load announced by the customer raises doubts at carrier, he, can draw up the statement of the actual cost of load, with involvement of experts.

3.23. The consignor in case of presentation of load to transportation shall announce its value.

3.24. The announcement the customer of value of the loads transported by bulk, embankment, in bulk, behind seals of consignors, perishable and dangerous goods is not required.

3.25. The announcement is not allowed by the customer of value of one part of the load transported on identical commodity-transport delivery note.

3.26. In case of acceptance delivery of the loads transported by bulk, embankment, in bulk and in containers their weight shall be established and be noted in commodity-transport delivery note.

3.27. Loads in container and breakbulk cargoes are accepted for transportation with indication of in commodity-transport delivery note of mass of load and quantity of cargo pieces.

3.28. The mass of loads in container and breakbulk cargoes is determined by the consignor before their presentation for transportation and it is specified on cargo pieces. In transit this load, the total mass of the load transported by one vehicle is determined by weighing on scales or calculation of weight on cargo pieces. For separate cargoes weight can be determined in the settlement way, by measurement or volume weight.

3.29. If the mass of load is not established by direct weighing, entry in the way bill about the mass of load with indication of method of its determination is made by the consignor.

3.30. In transit loads in the vehicle with the covered body, in the separate sections of body, containers and tanks which are sealed up by the consignor, determination of mass of load is made by the consignor.

3.31. The loads having the marked net weight or gross are not subject to pereveska. The carrier in the absence of traces of opening of container or packaging accepts such load at the consignor according to the weight specified on marking

3.32. Except as specified, provided by technical regulatory legal acts about specifying of net weight and gross when marking, on delivery the consignor of stowage spaces of one standard size to one address for transportation he cannot specify the mass of each cargo piece in marking of stowage spaces. In this case in commodity-transport delivery note in the column "Method of Determination of Weight" the words "according to the standard" are put down.

3.33. The weight of loads of non-commodity nature is determined by weighing, or geodetic measurement and it is specified in commodity-transport delivery note.

3.34. In case of mass transportations of soil the consignor determines its quantity geodetic measurement.

3.35. In case of establishment of mass of load of non-commodity assignment on scales, the consignor shall make check weighting of several cars, and then establish average load weight, being in each car of the corresponding brand.

3.36. The carrier can demand from the customer of additional check of mass of the transported load if he doubts its size.

3.37. For prevention of loss, shortage, spoil or cargo damages in transit, loads, transportation which it shall be made in container shall be shown by the consignor in the operational container corresponding to technical regulatory legal acts (the certificate number of compliance of container is specified in commodity-transport delivery note).

The consignor in coordination with carrier, except for bottles, cans and other glasswares (container) which shall be represented on transportation in the standard boxes corresponding to certain glass types can represent loads in other operational container ensuring their safety.

3.38. In case of detection of shortcomings by carrier which cause concerns of loss, spoil or the damage provided on cargo hauling the consignor shall eliminate defects or take other measures ensuring safety of load in transit.

3.39. The load weight, provided on transportation by the consignor for one cargo piece, shall not exceed load-carrying capacity of the vehicle.

3.40. The container providing loading and unloading of load by the mechanized method shall have the lower level, sledge or other equipment providing tray of cargo holders of loading machines under it or special fittings on cargo movement.

3.41. Pets, meat and meat products, plants, fruit, vegetables, seeds and other materials announced under quarantine, are accepted for shipment only upon presentation of the veterinary certificates and permissions, or quarantine certificates granted in accordance with the established procedure.

3.42. Acceptance to carriage of goods, not provided by this Section, is made according to the III Section of these rules.

4. Rules of marking of loads

4.1. In case of presentation of loads in container or packaging and breakbulk cargoes small sendings the consignor shall zamarkirovat each cargo piece beforehand.

4.2. In marking the full or abbreviated name of the consignee, requisition number, the destination, weight of unit load, and if necessary and structure of packed cargo are specified.

The data provided in accompanying documents shall correspond to marking completely.

4.3. In case of need of observance of special conditions of loading (unloading), transportation and storage of load, the consignor, according to interstate standards, shall mark (to put manipulation signs) load in special procedure. If expression of method of the address load by means of handling instructions is not possible, use of warning notices is allowed.

4.4. Marking is made or is direct drawing signs on cargo pieces, or by means of labels.

4.5. Marking can be made on container or load by coloring on template, stamping, branding or special labeling machines. Marking is by hand allowed in exceptional cases.

Marking shall be made by the paint which is well kept on any surface which is not erased and not exfoliating by light-resistant and indelible water

4.6. Identification tags can be made of paper, cardboard, fabric, plywood, metal, plastic.

The surface of labels and text on them shall be steady against impact of dampness and sunshine.

4.7. Labels from paper and cardboard shall be attached to container by glue or in a different way, providing their reliable fixture. Labels from fabric shall be sewn, and labels from plywood, metal, plastic shall be attached by bolts, screws, nails.

Nailing down of labels is not allowed to plywood, cardboard and paper boxes.

The attachment of labels by wire is allowed to loads when other method of attachment is impossible.

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