It is registered
Ministry of Justice
Republic of Tajikistan
On June 16, 2014 No. 741
of May 6, 2014 No. 69
About approval of Rules of implementation of direct bulk transportations
According to article 10 of the Law of the Republic of Tajikistan "About transport" and determinations of procedure for the organization of direct bulk transportations, I dispose:
1. Approve the enclosed Rules about direct bulk transportations.
2. To management of the land transport and the legal sector to carry out state registration of this order in the Ministry of Justice of the Republic of Tajikistan.
4. Control of execution of this order to assign to the deputy minister of the head of industry.
to the Order of the Minister of Transport of the Republic of Tajikistan of May 6, 2014 No. 69
1. These rules about direct bulk transportations (further - Rules) are developed according to article 10 of the Law of the Republic of Tajikistan "About transport" and determine rules of implementation of direct bulk transportations.
2. The basic concepts which are applied in these rules:
b) the agreement of direct bulk transportation - the contract of the operator of direct bulk transportation with the consignor (consignee) based on which the operator shall perform or provide for a fee implementation of direct bulk transportation of load;
c) the document of direct bulk transportation - the document certifying the agreement of direct bulk transportation (the bill of lading, the way bill and others), acceptance of load by the operator in the maintaining, and also its obligation to deliver load in accordance with the terms hereof;
d) the operator of direct bulk transportation (further - the operator) - person performing the organization of direct bulk transportation on its own behalf;
e) the consignor - person who signed the agreement of direct bulk transportation of load with the operator;
e) the consignee - person authorized on receipt of load;
ё) carrier - person performing cargo delivery based on the contract with the operator of direct bulk transportation by own or used on other legal causes vehicle;
g) cargo transshipment - the materials handling operations connected with cargo motion it is direct from one vehicle on another or through warehouse;
h) direct bulk transportation - the cargo hauling performed by two and more modes of transport, organized by the operator by execution of the single carriage document on all transportation irrespective of the number of the carriers participating in transportation;
3. Under the agreement of direct bulk transportation the operator shall organize cargo delivery, with use of different types of transport, according to the document of direct bulk transportation in destination and issue it to the consignee, and the consignor shall pay payment for transportation.
4. In case of acceptance of load by the operator in the maintaining, it issues the document of direct bulk transportation to the consignor.
5. The consignor provides to the operator documents and information on properties of load and conditions of its transportation, and also other information necessary for creation of the document of direct bulk transportation and implementation of transportation.
6. The document of direct bulk transportation is signed by the operator or his representative.
7. The operator or person acting from his name issues load to the consignee specified in the document of direct bulk transportation or to the other person on whom he was timely notified in writing.
8. The document of direct bulk transportation shall contain following provisions:
a) the general nature of goods, the main brands necessary for identification of load, specifying in appropriate cases - gross or its quantity designated otherwise and all these data are specified dangerous nature of goods, number of places or objects and load weight as they are provided by the consignor;
b) external condition of load;
c) name and operator's location;
d) name of the consignor;
e) name of the consignee;
e) the place and acceptance date the operator or person authorized by him in the maintaining load;
ё) destination (load delivery location);
g) date or delivery date of load to the destination if they are directly cargo transshipments if they are known at the time of execution of the document of direct bulk transportation;
l) to include other data which the parties can agree in the document of direct bulk transportation if they do not contradict the legislation of the Republic of Tajikistan;
m) the consignor can demand from the operator of the termination of transportation or return of load, or to make other order;
o) if the consignor made specifying about change of route, terminal point of delivery, change of the consignee, about suspension of cargo hauling or about change of other essential conditions of the initial agreement of transportation which led to additional expenses, the consignor compensates these expenses.
9. All instructions of the consignor about change of the agreement of direct bulk transportation shall be made in writing and within limits term.
11. During opening or closing of navigation sea and river ports, in coordination with operator and carriers of other modes of transport, establish terms of the beginning and the end of cargo reception by ports from carriers in Items of bulk transportation.
12. After navigation closing the loads delivered by carriers in Item of bulk transportation for transfer are accepted on storage under preliminary approval, at the same time the carrier requests the operator how to arrive with load.
Upon the demand of the operator the load can be transferred to other carrier for transportation to destination.
13. In case of cargo reception by carriers after the announced date of termination of their acceptance to bulk transportation expenses on change of condition of carriages (to storage, readdressing, increase in transportation payment and others) it is performed at the expense of carrier if other is not provided by the agreement.
14. The operator from own name will organize direct bulk transportation of load by the conclusion with owners of Items of bulk transportation of agreements on the organization of direct bulk transportation.
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