FEDERAL LAW OF THE RUSSIAN FEDERATION

of January 10, 2003 No. 18-FZ

Charter of rail transport of the Russian Federation

Accepted by the State Duma of the Russian Federation on December 24, 2002

Approved by Council of the Russian Federation on December 27, 2002

Chapter I. General provisions

Article 1. The Federal Law "Charter of Rail Transport of the Russian Federation" (further - the Charter) governs the relations arising between carriers, passengers, consignors (senders), consignees (receivers), owners of infrastructures of rail transport public, owners of railway tracks of uncommon use, other physical persons and legal entities when using of services of rail transport public (further - rail transport) and rail transport of uncommon use, and establishes their rights, obligations and responsibility.

This Charter determines the main conditions of the organization and implementation of public conveyances, loads, baggage, cargo baggage, empty goods wagons, rendering services in use of infrastructure of rail transport public and other services connected with transportations.

Operation of this Charter extends also to carriages of goods, cargo baggage which loading and unloading are performed in places of general and uncommon use, including railway tracks of uncommon use, and also on the rail lines under construction adjoining railway tracks public.

Article 2. In this Charter the following basic concepts are used:

carrier - the legal entity or the individual entrepreneur who assumed according to the transportation agreement railway transport public obligation to bring the passenger, the load entrusted to them by the sender, baggage, cargo baggage or the empty goods wagon which is not belonging to them (further - empty goods wagon) from the point of departure in destination, and also to issue load, baggage, cargo baggage, empty goods wagon to person (receiver) authorized on its obtaining;

infrastructure of rail transport public (further - infrastructure) - the transport infrastructure including railway tracks public and other constructions, railway stations, devices of electric utility service, communication network, alarm installation, centralization and blocking, information complexes, traffic control system and other infrastructures of the building, structure, construction, the device providing functioning and the equipment;

the owner of infrastructure - the legal entity or the individual entrepreneur having infrastructure on the property right or on other right and rendering services in its use based on the relevant agreement;

the consignor (sender) - the physical person or legal entity which according to the transportation agreement acts on its own behalf or on behalf of the owner of load, baggage, cargo baggage, empty goods wagon and is specified in the carriage document;

the consignee (receiver) - the physical person or legal entity authorized on receipt of load, baggage, cargo baggage, empty goods wagon;

the load object (including products, objects, minerals, materials, raw materials, production wastes and consumption) accepted in accordance with the established procedure for transportation in goods wagons, containers;

dangerous goods - load which owing to properties inherent in it under certain conditions in transit, accomplishment of shunting, handling operations and storage can become cause of explosion, the fire, chemical or other type of infection or damage of technical means, devices, the equipment and other objects of rail transport and the third parties, and also damnification of life or to health of citizens, harm to the environment;

baggage - the passenger's things accepted in accordance with the established procedure for transportation in the passenger or post and luggage train to the railway station of assignment specified in the travel document (ticket);

cargo baggage - the object accepted from physical person or legal entity in accordance with the established procedure for transportation in the passenger, post and luggage or passenger-and-freight train;

the carriage document - the document confirming the conclusion of the transportation agreement of load, empty goods wagon (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);

railway tracks public - railway tracks in the territories of the railway stations open for accomplishment of transactions on acceptance and departure of trains, receiving and delivery of loads, baggage, cargo baggage, empty goods wagons, on servicing of passengers and accomplishment of classification and shunting operations, and also the railway tracks connecting such stations;

railway tracks of uncommon use - the railroad side tracks adjoining directly or through other railroad side tracks railway tracks public and intended for servicing of certain users by services of rail transport on the terms of agreements or performance of works for own needs;

the owner of railway track of uncommon use - the legal entity or the individual entrepreneur having on the property right or on other right railway track of uncommon use, and also the building, structure and construction, other objects connected with accomplishment of transport works and rendering services of rail transport;

places public - the covered and ground storages, 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, cargo baggage of users by services of rail transport;

places of uncommon use - the railway tracks of uncommon use covered and the ground storages, and also the sites located in the territory of railway station, which are not belonging to the owner of infrastructure or leased to them and used for accomplishment of transactions on loading, unloading of loads, including containers, certain users by services of rail transport;

transportations in the international message with participation of rail transport - transportations in the through and indirect international traffic of passengers, loads, baggage, cargo baggage, empty goods wagons between the Russian Federation and foreign states, including transit across the territory of the Russian Federation as a result of which passengers, loads, baggage, cargo baggage, empty goods wagons cross Frontier of the Russian Federation if other is not provided by international treaties of the Russian Federation;

transportations in the through international traffic - the transportations in the international message of passengers, loads, baggage, cargo baggage, empty goods wagons performed between railway stations in the different states or several modes of transport in the different states according to the single carriage document processed to all rout to follow;

transportations in the indirect international message - the transportations in the international message of passengers, loads, baggage, cargo baggage, empty goods wagons performed through the railway stations and ports for the carriage documents processed in the states participating in transportations and also transportations by several modes of transport according to separate carriage documents on transport of each type located within the border territory;

transportations in through traffic - public conveyances, loads, baggage, cargo baggage, empty goods wagons between railway stations in the Russian Federation with participation of one and more infrastructures according to the single carriage document processed to all rout to follow;

transportations in through mixed traffic - the transportations performed within the territory of the Russian Federation by several modes of transport according to the single transport document (way bill) which is drawn up on all rout to follow;

transportations in indirect mixed traffic - the transportations performed within the territory of the Russian Federation by several modes of transport according to separate carriage documents on transport of each type;

special rail haulings - the rail haulings intended for satisfaction of especially important state and defense needs and also rail haulings of the convicts and persons who are held in custody;

military rail haulings - rail haulings of the military units and divisions, military loads, military teams and individuals passing military service, service in law-enforcement bodies, organizations and bodies of criminal executive system, the staff of bodies of the Federal State Service of safety, employees of troops of national guard of the Russian Federation;

collection - the charge rate of additional transaction or work which is not included in rate;

the collection of rules of transportations by railway transport - the information publication in which the normative legal and other acts approved in the procedure established by the legislation of the Russian Federation are published;

tariff managements - collections in which the rates approved in the procedure established by the legislation of the Russian Federation are published, rates of payment and charges for works and services of rail transport, the rule of application of such rates, rates of payment, charges, and also the lists of railway stations approved by federal executive body in the field of rail transport, distances between them and carried out in the territories of railway stations of transaction;

the passenger - the physical person which signed the transportation agreement of the passenger;

the railway station - Item which divides rail line into stages or block sites provides functioning of infrastructure of rail transport, has the traveling development allowing to carry out transactions on acceptance, departure, overtaking of trains, transactions on servicing of passengers and acceptance, issue of loads, baggage, cargo baggage, and in case of the developed trackage layouts to perform shunting operations on disbandment and forming of trains and technical transactions with trains;

low-intensive lines (sites) - railway tracks public with low freight density and low performance of work, criteria of reference to which affirm the Government of the Russian Federation;

the operator of railway rolling stock, containers (further - the operator) - the legal entity or the individual entrepreneur having railway rolling stock, containers on the property right or other right and the service in provision of railway rolling stock, containers rendering to legal entities or physical persons for transportations by railway transport;

the running uncoupling repair of goods wagons - the repair of loaded or empty goods wagons which is carried out with uncoupling of such cars along the line for the purpose of recovery of their working capacity and providing replacement or recovery of separate constituents of such cars;

the basic amount of calculation of charges and penalties - the size according to which charges and penalties for participants of transportation process, to equal 100 rubles are calculated.

Article 2.1. The basic amount of calculation of charges and penalties is applied to calculation of charges and penalties in the cases provided by this Charter.

Article 3. The federal executive body in the field of rail transport based on this Charter with participation of federal executive body on regulation of natural monopolies on transport, other interested federal executive bodies interested the organizations within the competence develops and in accordance with the established procedure approves rules of carriages of goods, empty goods wagons by rail and rules of public conveyances, baggage, cargo baggage by rail.

Rules of carriages of goods, empty goods wagons by rail (further - rules of carriages of goods by railway transport) represent regulatory legal acts which contain the regulations obligatory for carriers, owners of infrastructures, operators and other owners of railway rolling stock, containers, consignors (senders), consignees (receivers), owners of railway tracks of uncommon use, other legal entities and physical persons, regulate procedure for cargo reception and the empty goods wagons which are not belonging to carrier, containers for transportations, procedure for their issue and conditions of carriages of goods, empty goods wagons, containers taking into account their features determine, traffic securities, safety of loads, railway rolling stock, containers and taking into account ecological safety.

Rules of public conveyances, baggage, cargo baggage by rail represent regulatory legal acts which contain the regulations obligatory for carriers, owners of infrastructures, passengers, senders, receivers, other legal entities and physical persons, and regulate conditions of public conveyances, cabin baggage, baggage, cargo baggage.

Rules of rendering services in public conveyances, and also loads, baggage and cargo baggage for the personal, family, house and other needs which are not connected with implementation of business activity affirm the Government of the Russian Federation. In the specified rules, in particular, objects which transportation as cabin baggage, baggage, cargo baggage is prohibited are determined.

The procedure for transportation of mailings and procedure for turning on of mail vans in trains are established by federal executive body in the field of rail transport in coordination with federal executive body in the field of communication. The main conditions of the organization and implementation of special and military rail haulings are determined by this Charter.

Features of the organization, implementation of military rail haulings and procedure for their payment are regulated by the Charter of military rail haulings approved by the Government of the Russian Federation, and other regulatory legal acts.

Passengers, and also the physical persons having intention to use or using services in public conveyances, baggage, cargo baggage for the personal, family, house and other needs which are not connected with implementation of business activity as consumers have all rights, stipulated by the legislation the Russian Federation about consumer protection.

Rules of rendering services in use of infrastructure of rail transport affirm the federal executive body authorized by the Government of the Russian Federation.

Features of the organization and implementation of special rail haulings are determined by the Government of the Russian Federation.

The provisions of this Charter governing the relations connected with carriage of goods are applied to the relations connected with transportation of the empty goods wagons which are not belonging to carrier, containers if other is not established by this Charter.

The federal executive body in the field of rail transport in coordination with federal executive body on regulation of natural monopolies on transport approves the procedure for carrying out the running uncoupling repair of goods wagons including criteria of determination of security of infrastructure with Items of the running uncoupling repair of goods wagons, the list of defects of the loaded or empty goods wagons requiring the running uncoupling repair of goods wagons, responsibility for quality of carrying out the running uncoupling repair of goods wagons, procedure for uncoupling and hitching of loaded or empty goods wagons along the line for the purpose of carrying out the running uncoupling repair of goods wagons, terms of the direction of loaded or empty goods wagons on the running uncoupling repair of goods wagons and also procedure for determination of the amount of payment to carrier and (or) the owner of infrastructure in connection with such uncoupling and hitching if the running uncoupling repair of goods wagons was made for the reasons which are not depending on carrier and (or) the owner of infrastructure.

Article 4. Public conveyances, loads, baggage, cargo baggage, empty goods wagons are performed on railway tracks public and between the railway stations open for accomplishment of the corresponding transactions. The list of such stations and the transactions which are carried out by them is constituted based on requests of owners of infrastructures, affirms federal executive body in the field of rail transport and is published in the corresponding tariff management.

Article 5. Public conveyances, loads, baggage, cargo baggage by rail are performed respectively in cars and containers of carriers, other legal entities and physical persons.

Article 6. Features of implementation of public conveyances, loads, baggage, cargo baggage are determined by the rail lines having narrow gage or track of different width, including responsibility for dwell-time of cars, containers on such rail lines by contracts between carriers and owners of such rail lines.

Features of implementation of carriages of goods on the railway tracks which are at construction stage before delivery in continuous operation and rendering the services connected with these features, including responsibility for dwell-time of cars on such ways, are provided in the agreements signed between the carriers and the organizations performing construction or operation of railway tracks under construction at the request of owners of such ways. The procedure for the conclusion of such agreements is established by rules of carriages of goods by railway transport,

Article 7. Centralized operation by special and military rail haulings on rail transport is performed taking into account movement safety control, and also protection of the state secret according to the procedure, established by the Government of the Russian Federation.

Federal executive bodies within which competence questions of the organization and implementation of special and military rail haulings are interact with owners of infrastructures and carriers through military transport bodies - bodies of military messages and bodies of special rail haulings.

Owners of infrastructures and carriers according to the procedure, established by the Government of the Russian Federation, provide to military transport bodies necessary services for providing their main activities.

Military rail haulings are performed in priority procedure.

For ensuring especially urgent military rail haulings carriers according to the procedure, established by the Government of the Russian Federation, create and contain reserve of railway rolling stock at the expense of means of the federal budget.

For transportations of persons passing military service, service in law-enforcement bodies, organizations and bodies of criminal executive system, the staff of bodies of the Federal State Service of safety, employees of troops of national guard of the Russian Federation cars or places in passenger trains are allocated.

Acquisition, content and operation of special cars for transportations of convicts and transportations of persons who are held in custody are performed at the expense of the means provided on the specified purposes by the Federal Law on the federal budget for the corresponding year, according to the procedure, established by the authorized Government of the Russian Federation federal executive body.

Owners of infrastructures allocate on provisions of the lease in places public in the territories of railway stations necessary places of sediment of special cars.

Owners of infrastructures and carriers provide necessary conditions for implementation of transportations of convicts and transportations of persons who are held in custody.

In cases, stipulated by the legislation the Russian Federation, operators, other owners of railway rolling stock, containers, carriers shall provide the railway rolling stocks belonging to them, containers of authorized organization of rail transport for its address for their use for the period of transportations for the benefit of the Armed Forces of the Russian Federation, other troops, military forming and bodies, and also created on wartime of special forming.

The quantity of units of railway rolling stock, containers, terms of their transfer, the period of their use for the benefit of the specified troops, forming and bodies are determined by authorized organization of rail transport independently proceeding from the declared specified troops, forming and bodies of needs for transportations.

Indemnification, the suffered operators, other owners of railway rolling stock, containers, carriers in connection with provision belonging to them railway rolling stock, containers of authorized organization of rail transport, is performed according to the procedure, established by the Government of the Russian Federation.

Article 8. In cases if properties of load, baggage, cargo baggage either their condition or terms of transportations offered by the consignor (sender) are not provided by rules of carriages of goods by railway transport or rules of public conveyances, baggage, cargo baggage by rail, in the relevant contracts of carriers with consignors (senders) special conditions of transportations of such loads, baggage, cargo baggage and responsibility of the parties for their transportation and safety can be established. The procedure for the conclusion of such agreements is established by rules of carriages of goods by railway transport and rules of public conveyances, baggage and cargo baggage by rail.

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