RESOLUTION OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF BELARUS

of September 21, 2011 No. 58

About entering of amendments into the resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40

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, and based on subitem 5.9 of Item 5 of 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. Bring in the resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40 "About approval of rules of transportation of goods by railway transport public" (The national register of legal acts of the Republic of Belarus, 2008, No. 106, 8/18622) the following amendments:

1.1. add Item 1 with paragraphs the twelfth or fourteenth the following content:

"Service regulations of sidings;

Rules of readdressing of loads on rail transport public;

Rules of filling of accounting card of accomplishment of the shipping request of loads by railway transport public.";

1.2. add the resolution with Service regulations of sidings of the following content:

"Are approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40

Service regulations of sidings

CHAPTER 1. GENERAL PROVISIONS

1. These rules 78 Charters 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 are drafted based on Items 6, of 70, (The national register of legal acts of the Republic of Belarus, 1999, No. 67, 5/1506; 2007, No. 235, 5/25818), also regulate relations between national association the Belarusian railroad (further - the Belarusian railroad), its organizations and consignors, consignees, owners of sidings, other physical persons and legal entities in case of operation and servicing of sidings.

2. The terms applied in these rules have the following values:

the owner of siding - the organization which possesses the siding which is directly adjoining rail line, except for the organizations of the Belarusian railroad;

the organization user (further - the agent) - the consignor or the consignee having the warehouse, the handling platform in the territory of the owner of siding or the siding adjoining its siding;

the organization using the siding belonging to the organization of the Belarusian railroad (further - the user), - the consignor or the consignee having railway warehouse, the handling platform on the siding belonging to the organization of the Belarusian railroad or in places public including the agent using the siding belonging to the organization of the Belarusian railroad;

the place (front) of loading, unloading is the part of siding adjoining the covered and ground storages and intended for loading, unloading of loads;

capacity of the shipping place, unloading (the front size) is the number of cars with which perhaps simultaneous carrying out cargo operations on shipping places, unloadings.

Other terms applied in these rules are used in the values determined in article 1 of the Law of the Republic of Belarus of January 6, 1999 "About rail transport" (The national register of legal acts of the Republic of Belarus, 1999, No. 4, 2/12) and article 1 of the Law of the Republic of Belarus of June 6, 2001 "About transportation of dangerous goods" (The national register of legal acts of the Republic of Belarus, 2001, No. 56, 2/775), Item 3 of the Charter of rail transport public, and also in the corresponding rules of the transportation of goods approved by the Ministry of Transport and Communications of the Republic of Belarus.

3. Sidings can service one or several organizations and to belong to both the organizations of the Belarusian railroad, and owners of sidings.

Obligations are determined by maintenance and repair of sidings depending on their accessory of the organization of the Belarusian railroad or to the owner of siding.

The consignors, consignees serviced with use of the sidings belonging to the organizations of the Belarusian railroad provide cleaning of garbage and snow, remaining balance of loads, destruction of weed vegetation, illumination of these sidings within the territory occupied by them (shipping places, unloading of loads), and also do not allow stay on railway tracks of foreign objects.

4. Siding has border with railway tracks public. The border of siding is noted by the sign "Siding Border". The installation site of such sign is determined by the organization of the Belarusian railroad in coordination with the owner of siding.

Traveling development, constructions and devices of sidings shall provide uninterrupted loading and unloading of loads, shunting work, rational use of cars and locomotives according to amount of transportations.

On siding consignors and consignees for control of dimension of loading, cleaning of cars, mass of the load shipped in cars shall use dimensional gate, viewing towers, scales and other technical arrangements.

The design and condition of trackage layouts and constructions of sidings shall meet the requirements of the corresponding technical regulatory legal acts, provide the safe omission of cars, and also the locomotives intended for servicing of these sidings.

5. Sidings shall correspond to the approved project and technical documentation. Sidings can be open for continuous or temporary operation.

Opening for continuous operation of again constructed siding and giving on this way of railway railroad train are allowed after acceptance of siding in operation by the relevant commission with participation of representatives of the Belarusian railroad and establishment by the Belarusian railroad, department of the Belarusian railroad (further - department of the road) procedure for its servicing.

Giving of cars on siding in the period of its construction is allowed on the terms of the interim agreement between department of the road and the organization performing its construction, which is responsible for safety of load, railway railroad train, its timely return and for traffic safety.

6. On each siding the plan, technical data sheet, longitudinal profile and drawings of artificial constructions shall be developed by the organization which possesses siding.

In technical data sheet technical characteristics and condition of the rails, cross ties, ballast, road bed, constructions, weight devices, mechanisms and devices intended for loading, unloadings, cleanings, washings of the cars, mechanisms and devices interacting with the car in case of accomplishment of shunting works, and also the hump yards, exhaust ways, devices of the alarm system, centralization, blocking and communication used during the train and shunting work and other arrangements and mechanisms are specified. The form of technical data sheet and procedure for its maintaining are established by the Belarusian railroad.

Documentation specified in part one of this Item goes to department of the road in case of acceptance of siding to operation. After commissioning of new objects or their closing the owner of siding timely makes corresponding changes to technical data sheet and one copy of technical data sheet transfers to department of the road, reporting to him about the changes made to the passport, with appendix of the relevant documents. The department of the road provides introduction of amendments to the technical and administrative act of the railway station (further - TRA) siding adjunctions, constitutes appendix to it - the sheet of siding.

7. On each siding the instruction for servicing and the organization of movement on siding is constituted (further - the instruction). The instruction is developed and approved by the owner of siding, the agent, the user and affirms the chief of department of the road or his deputy.

In the instruction the characteristic of traveling development of siding, installation site of the sign "Siding Border", weight regulation and length of the train allowed to the address on siding, the most admissible speed of movement, type of locomotives, procedure for shunting movements, normal provision of railroad switches, availability and arrangement of signals, regulations of fixing of cars and other provisions connected with safety of train service, safety of railway vehicles and loads are specified. Requirements of the instruction are obligatory for the owner of siding, the agent, the user who are carrying out work on this siding. Before approval of the instruction giving of cars on siding is forbidden.

The instruction is reviewed in case of change of hardware of siding and technology of its work. In case of change of the owner of siding the new instruction according to the procedure, established by these rules affirms. The instruction form, procedure for its creation and maintaining are established by the Belarusian railroad.

8. The employees of the organizations connected with train service and shunting work on the ways of the organizations of the Belarusian railroad shall according to the procedure and to undergo the terms established by the Belarusian railroad for workers of rail transport examination of rules of technical operation of the Belarusian railroad, instructions for train service, shunting work and the alarm system on rail transport. The workers responsible for loading, fixture and unloading of loads shall undergo examination of requirements to placement and fixture of loads in cars, containers, to ensuring safety of railway vehicles, the established rules of placement and fixture of loads in cars and containers approved by the Ministry of Transport and Communications of the Republic of Belarus.

Other employees of the organizations connected with train service and shunting work undergo examination of rules of technical operation of the Belarusian railroad, the instruction for train service, shunting work and the alarm system on rail transport in the examination committee appointed by the head of the organization. The workers who did not undergo examination are not allowed to this work.

In case of accomplishment of service duties on the ways of the organizations of the Belarusian railroad employees of the organizations shall have in case of themselves the certificate of the established sample of check of the corresponding knowledge and precisely carry out orders of the person on duty on stations or the station (shunting) dispatcher.

9. The chief of the Belarusian railroad for a fee according to the price list No. 10-01 for freight rail haulings in the intra republican message (Tariff management No. 1 of the Belarusian railroad) approved by the resolution of the Ministry of Economics of the Republic of Belarus of January 8, 2002 No. 3 (The national register of legal acts of the Republic of Belarus, 2002, No. 17, 8/7704) (further - the Tariff management No. 1), can resolve exit of the vehicles belonging to them to railway tracks of the organizations of the Belarusian railroad according to petitions of consignors.

The procedure for exit of the locomotive belonging to the owner of siding, the agent or the user on the way of the railway station of adjunction is established by the chief of department of the road.

10. The chief of the railway station or according to its order to other employees of the railway station, and also the corresponding auditors and inspectors is granted the right to check security status of movement, safety of the car park, devices and constructions on siding, and also observance of relevant requirements in case of accomplishment of cargo loading in cars, containers and unloadings of loads from them on siding.

The owner of siding, the agent, the user shall provide the free omission by the ways, devices, constructions of the workers specified in part one of this Item.

In case of detection on siding of the defects menacing to traffic safety and safety of the car park or the inspector (auditor) on safety of the car park giving of cars on this siding shall be stopped by instruction of the chief of the railway station, the auditor for traffic safety before elimination of defects what the owner of siding, the agent, the user is notified on. At the same time the property responsibility connected with impossibility of giving or cleaning of cars, containers is born by the owner of siding, the agent, the user according to the Charter of rail transport public.

CHAPTER 2. CONTRACT FOR OPERATION OF SIDING AND CONTRACT FOR GIVING AND CLEANING OF CARS

11. Depending on siding accessory between department of the road and the owner of siding, the user, the agent the contract for operation of siding or the contract for giving and cleaning of cars is signed.

Relations of departments of the road with owners of sidings are regulated by the contract for operation of siding.

The contract for operation of siding is signed:

between department of the road and the owner of siding when servicing siding by the engine of the owner of siding;

between department of the road and the owner of siding when servicing siding by the locomotive of the organization of the Belarusian railroad;

between department of the road and the agent when servicing siding by the engine of the agent. In this case the agreement can be signed only in case of the consent of the owner of siding to the omission of cars to (c) to places (place) of loading, unloading of the agent. This consent makes sure the sign and seal of the owner of siding of the contract for operation of siding.

The contract for giving and cleaning of cars consists:

between department of the road and the agent when servicing siding by the locomotive of the organization of the Belarusian railroad. In this case the agreement can be signed only in case of the consent of the owner of siding to giving and cleaning of cars to (c) to places (place) of loading, unloading of the agent. This consent makes sure the sign and seal of the owner of siding of the contract for giving and cleaning of cars;

between department of the road and the user when servicing siding by the locomotive of the organization of the Belarusian railroad;

between department of the road and the user when servicing siding by the engine of the user;

between department of the road and the user when servicing their railway warehouses and handling platforms in places public.

The contract for operation of siding and the contract for giving and cleaning of cars are signed by the chief of department of the road or his deputy and the head of the owner of siding, the agent or the user.

On the territory of the owner of siding, the user, agent in all necessary cases the agent, the user shall receive consent to the omission of cars. In case of unreasonable refusal the agent, the user have the right to appeal to economic court.

12. The relations between the agent and the owner of siding are regulated by the agreement signed between them. In the agreement the procedure for transport servicing of the agent, use of siding of the owner of siding, procedure for giving and cleaning of cars by the engine of the owner of siding or the agent make a reservation on (c) exhibition way(s), responsibility for use of cars, containers, their damage and other questions.

When servicing the agent by the engine of the owner of siding responsibility to department of the road for use, damage of cars, containers is born by the owner of siding.

When servicing the agent by the locomotive of department of the road between this department of the road and the agent the contract for giving and the cleaning of cars and the relations connected with responsibility for damage of cars, containers, their use on siding and at the railway station of adjunction waiting for giving of cars and containers is signed, are regulated between them.

13. The contract for operation of siding and the contract for giving and cleaning of cars shall consider technology of functioning of the railway station which siding, and technology of functioning of siding, and in appropriate cases - single engineering procedures adjoins.

14. When servicing the organization with use of several sidings with separate adjunctions to the railway station the contract for operation of siding or the contract for giving and cleaning of cars, as a rule, consists on each siding adjoining separately. Under approval between department of the road and the serviced organization one agreement can be signed.

15. The contract for operation of siding and the contract for giving and cleaning of cars establish procedure for giving and cleaning of cars, the place and procedure for production of acceptance transactions, the number of the cars which are at the same time handed over on siding, necessary data for calculation and procedure for introduction of the established payments to the organizations of the Belarusian railroad, the capacity of shipping places, unloadings (the sizes of fronts), technological regulations on accomplishment of handling works with cars, cross liabilities of the parties and other provisions.

16. The contract for operation of siding and the contract for giving and cleaning of cars consist department of the road, as a rule, for five years. In case of change of hardware or technology of work of the railway station or siding separate provisions of the agreement or all agreement upon the demand of one of the parties can be reviewed before the expiration of their action. Projects of changes and amendments in such agreements are developed and considered according to the procedure and in terms, stipulated in Item 21 these rules.

In case of mutual consent of the parties the contract for operation of siding and the contract for giving and cleaning of cars can be prolonged the next five years.

17. In case of change of the owner of siding, the agent or the user with which the contract for operation of siding or the contract for giving and cleaning of cars is signed of its name, between the new owner of siding, the agent or the user and department of the road the new contract for operation of siding or the contract for giving and cleaning of cars is signed. The department of the road shall be notified on such change by the owner of siding, the agent or the user within 10 days.

18. Department of the road together with the owner of siding, the agent or the user with whom the contract for operation of siding or the contract for giving and cleaning of cars was signed not later than three months before expiration of such agreement shall start project development of the new agreement.

19. To the conclusion of the contract for operation of siding or the contract for giving and cleaning of cars the department of the road together with the owner of siding, the agent or the user makes inspection of siding and its technical equipment for determination of its conditions. Results of inspection are drawn up by the act of inspection of operating conditions of siding (further - the act of inspection) in form according to appendix to these rules.

20. The act of inspection is signed by authorized representatives of department of the road, including the head of the railway station, and the owner of siding, the agent or the user participating in inspection. The agent of the party participating in inspection cannot refuse signing of the act of inspection, and in case of disagreement with the data entered in this act in writing specifies in it or on the single sheet enclosed to the act of inspection, the motivated opinion.

The statement of inspection is drawn up in triplicate, one of which remains at the owner of siding, the agent or the user, the second - in cases of the station of adjunction, third - in department of the road.

21. The conclusion of the contract for operation of siding or the contract for giving and cleaning of cars is made in the following procedure.

The draft agreement on operation of siding or the contract for giving and cleaning of cars is developed by department of the road. Two copies of the department signed by the chief or its deputy of the draft agreement go to the signature to the owner of siding, the agent or the user who sign the draft of the received agreement and return it in department of the road to 30-day term. The specified term is estimated in case of transfer of the draft agreement by the courier - from the date of the receipt of the addressee in receipt of the draft agreement with indication of position and surname of the accepted his face (in case of transfer by mail with the notification - from the date of receipt by the addressee of the draft agreement specified in the notification).

In case of default of agreement disputes are considered according to the procedure, established by the legislation.

To the solution of matters of argument all relations of the parties on these questions are regulated by conditions of the former agreement.

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