Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  August 28, 2019 according to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of August 2, 2019 No. 611

Appendix 2

to the Order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 545

Rules of carriages of goods by railway transport

(as amended on 30-06-2017)

1. General provisions

1. These rules of carriages of goods by railway transport (further – Rules) are developed according to the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" (further – the Law) and determine procedure for carriage of goods by railway transport in the Republic of Kazakhstan.

2. Carriage of goods by railway transport in the international and transit message through the Republic of Kazakhstan is performed according to the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

3. Technical specifications on placement and fixture of loads, procedure and conditions of transportations of liquid cargoes in bulk, dangerous goods, not provided by these rules, are established by international agreements (agreements) accepted within the Organization of cooperation of the railroads and Council for rail transport of member countries of the Commonwealth of Independent States (further – the CIS), Georgia, the Republic Latvia, the Republic Lithuania and the Republic of Estonia and other international agreements (agreements) which participant is the Republic of Kazakhstan.

4. In Rules the following concepts are used:

1) round trip – the train of the established weight and length consisting of the cars submerged by homogeneous load one consignor from one station of origin to one consignee assignment to one station and drawn up by one railway way bill (further – delivery note), in case of absolute return of empty cars from under unloading on initial station of origin;

2) giving cleaning of cars - movement of cars by switching locomotive:

from station tracks - to shipping places, unloadings (unloading), to sidings;

on sidings - between acceptance (exhibition) ways and shipping places, unloadings (unloading) of the partner;

3) preparation of cars (containers) for loading – work with cars (containers): seal of the available damages of walls, floors, roofs, hatches of ceiling, door and other works before loading of the declared load for the purpose of ensuring its safety and safety along the line;

4) electronic data traffic (further – EOD) – the data traffic (documents, messages) concerning carriage of goods made by means of application of time-sharings, the program and technical means approved by the parties;

5) connecting track – railway track of special purpose which connects parks of stations or the station to sidings;

6) shipping places and unloadings – the ways intended for accomplishment of loading and unloading of loads at stations of cargo operations, open for production, the storage location of loads, warehouses, platforms, platforms;

7) single engineering procedure of work of siding and the station of adjunction (further – ETP) – the technological act determining conditions of interaction of siding and the station of adjunction which is drafted for the siding of the organization serviced by own locomotive and having average daily cargo turnover of 50 and more cars;

8) the technological term of wagon turnaround on siding is the time necessary for processing of cars on siding from the moment of acceptance by their vetvevladelets from carrier from acceptance (exhibition) ways to return back on the same ways;

9) dual cargo operation – use by the consignee of the car unloaded by it, container for loading of load;

10) the additional charges – rates of charges and payments for the additional transactions, services or works which are not included in rate;

11) specialized containers – the containers having special design and intended for loads of separate types: loose, liquid, perishable, dangerous and other goods;

12) route – the train of the established weight or length created by the consignor on siding or on railway station;

13) own car (container) – the goods wagon (container) belonging to physical person or legal entity on the property right or other legal cause, provided as the vehicle (equipment) and having the corresponding numbering (prefix);

14) the inventory car (container) – goods wagon (container) registered in the Automated database of data processing center of railway administrations behind railway administration of the CIS countries, Georgia, Latvia, Lithuania and Estonia;

15) middle size container – container the most admissible weight gross 3 and 5 tons respectively, with a capacity of 5 and 11 cubic meters, having the nine-digit numbering beginning respectively on 3 and 5;

16) load on the axes – the railway vehicles following in empty condition according to the carriage document with payment of transportation payments;

17) packet – the enlarged place of load created by means of the means of packaging having the control signs testimonial of integrity of packet (the seal fastened in the lock control tape, shrinkable film);

18) adjusting task – task of the station for delivery from under unloading and acceptance for loading empty inventory cars (containers) and cars (containers) which are in management of carrier on other legal causes and also providing qualitative indexes of use of railway vehicles and equal distribution of cars (containers) on stations;

19) tariff management (price list) – the document of carrier in which calculation tables of payments, rates and other payments (rates of charges) which are due to carrier of the rule of their application are specified;

20) transportation payments – the payments including the transportation payment, fare of the conductor, driver of the road train, the additional charges and other payments which arose for the period from the conclusion of the transportation agreement before issue of load to the consignee, including connected with transhipment of cargo or shift of carts on carts of other width potassium;

21) the plan of transportation – the request (plan) for carriage of goods for the planned month accepted and approved by carrier;

22) the settlement organization of carrier – the specialized structure of carrier performing settlement transactions with users of services in transportation, processing of carriage documents, settlement with railway administrations;

23) the electronic file of transportation (further – EDP) – data set, being in memory of the computer and the documents and messages, providing possibility of creation necessary for electronic exchange, concerning transportation and maintenance of load;

24) terms (technological time) of loading, unloading (unloading) – time spent for accomplishment of loading and unloading of loads mechanized or nonmechanized by methods taking into account costs of time for preparatory, auxillary and final operations on shipping places – unloadings and sidings (further – technological time);

25) transportation in through mixed traffic – the cargo hauling performed by two and more modes of transport, organized by execution of the single carriage document on all transportation irrespective of the number of the carriers participating in transportation;

26) large size container – container weight gross 10 and more tons, and 10 long and more English feet, the having marking code conforming to the ISO standard and registered by the International bureau on containers.

5. Other concepts used in these rules are applied in the values determined by the Law.

6. For implementation of carriage of goods between carrier and the consignor the transportation agreement according to which the carrier shall timely is signed and in safety to deliver the load entrusted to it by the consignor, from station of origin to station of destination and to issue to the consignee, and the consignor (consignee) shall pay cargo hauling and provide its acceptance.

The contract for the carriage of goods is drawn up by creation of the railway way bill.

Delivery note with the put-down calendar stamp and the receipt issued on its basis by carrier to the consignor about cargo reception (in transit in international messages – the duplicate of delivery note) confirm the conclusion of the transportation agreement.

The transportation agreement is considered fulfilled after obtaining by the consignee or person, authorized the railway way bill and signing by it of the road sheet, and also acceptance documents on cargo reception (sheets of giving cleaning of cars, the instruction sheet of the acceptance inspector) it.

7. Centralized operation and the organization of transportation process, rendering loads of services of the high-level railway net to carriers are performed by the National operator of infrastructure.

8. The carrier for accomplishment of the obligations on carriage of goods uses services of the high-level railway net which are provided by the National operator of infrastructure.

9. The national operator of infrastructure provides the omission of railway vehicles on the high-level railway net, proceeding from requirements of effective use of technical means and safety control of movement on rail transport, exercises coordination, centralized operation and the organization of transportation process.

10. The consignor, the consignee for accomplishment of the works accompanying carriage of goods, can use services of vetvevladelets, carrier, the freight forwarder, owner of railway vehicles, and other persons, based on the agreement, on condition of safety control of movement, technical means and railway vehicles.

11. The operator of cars (containers) renders services in providing participants of transportation process on contractual basis by cars (containers), to distribution and mission control of cars (containers), and also participates on the basis of the contract with carrier in transportation process by rendering services of the operator of cars (containers).

12. Sidings, their constructions and the device shall provide rhythmical loading, unloading (unloading) of loads, shunting operation according to cargo turnover, and also rational use of railway vehicles.

13. The cost of services of carrier, participants of transportation process and other persons involved for the organization and/or accomplishment of the services connected with cargo hauling is determined by cargo hauling agreement parties.

14. Carriage of goods on the high-level railway net is performed by carrier based on the accepted request of the consignor for carriage of goods.

15. Carriers based on requests of consignors create the plan of carriages of goods and provide to the National operator of infrastructure the request for inclusion of their trains in the traffic schedule.

Execution of the shipping request of load according to the approved plan is considered by carrier in accounting card of the consignor according to the procedure, established by these rules.

16. Carriage of goods is performed by locomotive draft of carrier or operator of locomotive draft in cars (containers) of carrier, the consignor (consignee) or operator of cars (containers).

The railway vehicles registered in the State Register of railway vehicles of the Republic of Kazakhstan according to the Rules of state registration of railway vehicles and its pledge approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of March 26, 2015 No. 333 are allowed to transportation process (it is registered in the Register of state registration of regulatory legal acts for No. 11119).

17. The carrier transporting is specified in carriage documents.

18. In case of availability at carrier of own locomotive park he renders services of locomotive draft by the locomotives belonging to it to other carriers and participants of transportation process as the operator of locomotive draft.

2. Procedure for planning of transportations

Paragraph 1. Monthly planning of carriages of goods

19. Monthly planning of carriages of goods in cars, containers is performed based on monthly requests according to the main plan of the carriages of goods submitted by consignors to carrier in the GU-12, GU-12K forms according to appendices 1 and 2 to these rules not later than fourteen calendar days prior to the beginning of the planned month in the interregional and international message, and not later than twenty calendar days in the international message to the third countries.

The applications according to the plan of carriage of goods submitted to the terms established by this Item are the main plan.

The applications according to the plan of cargo hauling submitted by consignors is later than the terms established by this Item, are the additional plan and are considered not later than five calendar days before day of loading.

20. The list of nomenclature groups of loads which transportation is planned in tons and cars is given in appendix 3 to these rules.

21. Requests according to the plan of carriages of goods are provided by consignors.

22. Consignors submit to the representative of carrier on station of origin the decade request according to the main plan of carriages of goods of the GU-11 form according to appendix 4 to these rules, timely and regularly during the days of decade and month show loads to loading in the sizes provided by the request and perform loading in the terms established by the decade request.

The decade request according to the main plan is provided not later than twelve hours before decade or month.

The consignor, in coordination with the representative of carrier on station of origin, can adjust the decade request according to the main plan no later than 12 hours 00 minutes of day of loading, at the same time adjustment shall not exceed earlier declared decade regulations.

The decade application of the GU-11 form according to the additional plan shall be submitted together with the request according to the additional plan of the GU-12 form.

The carrier provides timely and rhythmical giving of cars at all points of cargo loading according to the accepted requests according to the plan of carriages of goods.

23. Monthly requests according to the plan of carriages of goods in containers are provided with indication of the mass of load in tons and the number of containers in physical units.

24. Monthly requests according to the plan of cargo haulings are drawn up in the automated system of carrier.

The request on paper can once be provided before registration in the automated system of carrier.

In case of freight dispatch from the siding which is not belonging to the consignor, the monthly request on carriage of goods is provided to carrier after its approval of vetvevladelets of putting down of the corresponding mark in the monthly request.

25. Data according to the plan of cargo haulings, including codes, are introduced in the monthly request by the consignor (except the column "requisition number according to the plan") in printing.

26. Consignors submit the separate monthly request according to the plan of cargo haulings:

on each station of origin;

on each nomenclature of loads;

on sending signs: in cars, in containers;

on signs of accessory of cars and containers;

according to the name of the owner of cars;

by types of messages.

Monthly requests on carriage of goods on the axes are provided with indication of quantity of unit of cargos on the axes and its masses.

27. The monthly request of the GU-12 and GU-12K form is filled in according to the procedure, stated in these rules with use of normative reference information of carrier.

Codes of childbirth of cars are specified in the column "Codes of Childbirth of Cars" according to the list of separate childbirth of goods wagons according to appendix 5 to these rules.

28. Planning of carriages of goods in containers is performed on the basis of the requests provided by consignors according to the plan of cargo haulings of the GU-12K form.

29. The monthly request of the GU-12 form is filled in according to the procedure, stated in annex 1 to these rules.

The monthly request of the GU-12K form is filled in according to the procedure, stated in annex 2 to these rules.

30. Transportation of the empty inventory containers and containers which are in management of carrier on other legal causes directed on adjusting tasks is planned on the nomenclature group "Other and Combined Loads".

31. The loads intended for mitigation of consequences of emergency situations in the intra republican message are accepted by carrier on presentation.

32. Consignors along with monthly requests according to the plan of cargo haulings provide, not later than 14 calendar days prior to the beginning of the planned month, to carrier the shipping request of loads routes, in the sizes provided by the monthly request according to the plan of transportations of the GU-114 form according to appendix 6 to these rules.

The shipping request of loads is put by routes to the main monthly request.

33. The schedule of loading of routes on dates with breakdown on accessory of railway vehicles developed by the consignor in 5 calendar days prior to the beginning of the planned month is approved and affirms carrier.

34. The collateral order of accomplishment of the request of the GU-11 form according to the plan of cargo haulings is entered in the accounting card of accomplishment of the plan of transportations of the GU-1 form according to appendix 7 to these rules.

35. The carrier according to written addresses of consignors changes in requests according to the main plan in the intra republican message and assignment to stations of the Russian Federation, the Republics Uzbekistan, Kyrgyzstan, Turkmenistan, Tajikistan:

1) station of origin, load station of destination;

2) one sort of load another within the loads provided by one nomenclature group;

3) own car, container on the inventory car, container;

4) the covered railway vehicles open if transportation of this load on open railway vehicles is allowed according to the procedure, established by Chapter 20 of these rules, and also one sort of open railway vehicles another taking into account rational use of separate types of cars;

5) the schedule of loading of routes in coordination with consignors for three days prior to the beginning of decade.

6) on the eve of day of loading - route station of destination within roads of assignment.

According to the written address of the consignor not later than 5 calendar days before the termination of current month assignment to the third countries, in 1 calendar day in the intra republican message and the adjacent states.

36. The carrier according to written addresses of consignors changes the loading rates provided by the request according to the main plan of cargo haulings:

not later than one calendar day before the termination of current month in the intra republican message and assignment to stations of the Russian Federation, the republics Uzbekistan, Kyrgyzstan, Turkmenistan, Tajikistan;

not later than five calendar days before the termination of current month assignment to the third countries and with the participation of transit railway administrations.

37. Requests according to the additional plan of carriages of goods are provided by consignors not later than five calendar days before day of loading.

For confirmation of the additional plan the collection specified in tariff management (price list) of carrier is levied.

Requests for such transportations are drawn up on forms of the GU-12, GU-12K form in one copy with the mark "additional".

In case there is no opportunity to transport according to the additional plan, the carrier in three-day time notifies the applicant on refusal in such transportation.

In the international message the authority for the move according to the additional plan of transportation is effective until the end of the current calendar month.

In the interregional message the additional plan of transportation is effective until the end of current month from the moment of receipt of the request taking into account technical and technological capabilities of implementation of transportation.

Responsibility on execution of the additional plan of transportation is similar to responsibility according to the main plan of transportations.

38. The carrier refuses acceptance of the monthly request according to the plan of cargo haulings:

1) in case of specifying of the loading amounts in it exceeding technical feasibilities and the overworking capability of the company (consignor);

2) in case of failure to carry out of monthly planned requests because of the consignor last three and more months regarding the exceeding amount;

3) in the absence of the contract for giving cleaning of cars or written consent of vetvevladelets;

4) in case of abnormality, inaccuracy or incompleteness in it of the data specified by the consignor necessary for input and processing by means of the automated planning system of transportations;

5) in case of the termination of railway service.

In these cases the carrier returns the shipping request of loads with indication of causes of failure to the consignor.

39. The carrier approves transportation according to the additional plan without prejudice to accomplishment of the request for the main plan for cargo hauling in the international message at the expense of negative and underloads on other loads and consignors on the same roads of assignment, in the interregional message and in the direction of following of the corresponding sort of railway vehicles in empty condition, both at the expense of negative requests, and due to increase in efficiency of use of railway vehicles.

40. Requests according to the main plan of transportations in inside republican message and assignment to stations of the Russian Federation, the Republics Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan are effective to the 5th of the following for reporting (with institution accounting card of accomplishment of the plan of transportations of the GU-1) form.

Paragraph 2. Planning of transportations in the international message to the third countries (export)

41. Transportation to the third countries is understood as carriage of goods by assignment to the countries, except the State Parties of the CIS, and also Georgia, Latvia, Lithuania, Estonia.

42. Monthly planning of carriages of goods in the international railway service to the third countries is performed according to the procedure for planning of carriages of goods established by this Chapter of Rules.

43. Monthly planning of carriages of goods in the international message to the third countries is performed by consignors on account of their general plans of transportations of the corresponding childbirth of loads with observance of the established specialization of seaports and frontier stations in childbirth of loads and countries of destination.

44. The carrier in 3 calendar days prior to the beginning of the planned month reports to stations of origin agreed volumes of carriages of goods in the international message to the third countries on consignors with indication of the freight forwarders making payments on transit railway administrations, participating in transportations.

45. Approval of carriages of goods by appointment to seaports of the Republic of Kazakhstan as transfer with draining and further for export (in the international message to the third countries) is performed by carrier independently with the port and all involved port administrations participating in carriage of goods, and transportation through seaports of the Republic of Kazakhstan, railway and ferry complex in the international message to the third countries (export), as well as with involved railway administrations port railway stations, participating in transportation in 10 calendar days prior to the beginning of the planned month, with indication of the consignor, station of origin, the name of load, load amount in cars and tons, names of the port station, the name of the consignor in port, names of the country of destination.

46. The carrier makes approval of shipping requests of loads according to the additional plan in the international railway service to the third countries in the following procedure:

1) carriages of goods through frontier railway stations it is approved by carrier with the railroads of the third countries through railway administration of the Russian Federation;

2) carriages of goods through port railway stations of the Russian Federation, Ukraine, Turkmenistan, Georgia, Azerbaijan, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia are approved by carrier through the National operator of infrastructure with involved railway administrations.

47. The carrier records accomplishment of the request according to the plan of carriages of goods for export according to separate accounting cards.

Paragraph 3. Monthly cargo planning for export/import through boundary transitions of the Republic of Kazakhstan

48. Approval of monthly requests according to the main and additional plan of carriages of goods between carriers of the Republic of Kazakhstan and People's Republic of China through boundary transitions of the Republic of Kazakhstan is performed based on agreements between the railroads of the adjoining countries having different wheel gage.

3. Procedure for creation of accounting card of accomplishment of the plan of transportations

49. Accomplishment of the accepted request according to the plan of cargo haulings is considered in accounting card of the GU-1 form according to appendix 7 to these rules. The accounting card is kept by carrier on station of origin of loads separately according to each accepted request. At the request of the consignor, the copy of accounting card is provided to him.

Number corresponding to requisition number is assigned to accounting card.

In the presence at the consignor of access to the specialized automated system of carrier maintaining accounting card is performed by the automated method.

The accounting card is signed by the consignor and the representative of carrier at the station upon termination of calendar days, and upon termination of month is signed by the station commander. In case of refusal of the consignor of signing of accounting card by carrier the statement of general format is drawn up.

50. Maintaining accounting card is performed as follows:

in column 1 dates are specified;

in the column 2 carrier the number of cars (containers) according to the accepted request according to the plan of cargo haulings on days of loading is specified.

If loading dates are not provided by the decade request of the consignor, filling of column 2 of accounting card with carrier is made proceeding from uniform average daily loading in compliance by the accepted request according to the plan of cargo haulings for month.

Column 3 is filled in on the loads planned in cars and tons. In transit the loads planned only in cars, containers this column it is not filled.

In column 4 the number of cars, the containers which are actually given carrier to the consignor in reporting days for ensuring loading according to the request according to the plan of cargo haulings is specified. At the same time are considered as given:

the empty cars, containers given for loading in reporting days (including according to the procedure of dual transaction) which proceeding from technological time, can be submerged by the consignor in these days;

the cars, containers which remained not loaded in the last days;

the cars, containers given carrier without accounting (proceeding from technological time of production of materials handling operations) the possibilities of ensuring their loading with the consignor before the expiration of reporting days but submerged by the consignor before the termination of reporting days;

the cars sent at the request of the consignor within planned month on account of completion of underload.

In column 5 the number of cars, the containers which are actually loaded by the consignor for these reporting days is specified.

In column 6 the number of the tons submerged in reporting days on loads, planned in cars and tons in transit loads only in cars is specified and in containers this column is not filled in.

Results of accomplishment of the plan for reporting days are certified by signatures of the representative of carrier on stations of columns 9-10 and the consignor's representative respectively.

51. Accounting of accomplishment of the request according to the plan of carriages of goods is made ezhedekadno in the following procedure:

according to column 2 the number of the cars, containers planned for decade, according to column 4 – the number of the sent cars, containers, according to column 5 – the number of actually submerged cars, containers is counted.

On the loads planned in cars and tons the results according to columns 3 and 6 are summed up.

By comparison of the amount counted according to column 2 and the amount counted 5, accomplishment of the request according to the plan of cargo haulings in decade in cars, and in tons - according to the amount counted according to column 3 and the amount counted according to column 6 is determined by the column.

52. If it is determined that the request according to the plan of cargo haulings in decade is not executed, the following calculation is made:

the number of not loaded cars, containers is established by carrier in decade by determination of difference between results of columns 2 and 4, with the subsequent subtraction from this difference of number of not sent cars, containers by the consignor (because of employment of the front of loading by the cars which are standing idle over regulations due to the lack of load, because of not introduction of payments).

The number of cars, the containers which are not submerged by the consignor is determined by subtraction of the amount counted in decade according to the column 5, from the amount counted according to column 4.

When specifying in the column 7, of 8 circumstances exempting carrier or the consignor from liability for failure to carry out of the request according to the plan of cargo haulings, the number of the cars which are not sent and not submerged as a result of it, containers is also subtracted from the received difference.

53. Failure to carry out by the consignor of the request according to the plan of carriages of goods is recognized:

not submission of decade requests for the number of the cars providing uniformity and rhythm of loading within a month for accomplishment of the request of the GU-12 form according to the plan of carriages of goods according to appendix 1 to these rules by it;

load non-presentation;

non-use of the vehicles sent carrier by it according to the decade request.

At the same time not submission of the decade request is considered to carriers as the refusal of giving of cars for loading provided by the consignor out of time.

54. The amount of the general failure to carry out of the request according to the plan of cargo haulings in tons allowed on carrier's fault or the consignor is determined by multiplication of number of not loaded cars, containers by the size of static load. The size of static load is calculated by division of number of the tons specified in the column 3, the number of cars, the containers specified in column 2.

The cars which are not sent carrier because of the consignor (lack of load, employment of the front of loading by cars, not introduction of payments, non-arrival of own cars, containers) belong on fault of the consignor, availability of these circumstances is specified in column 8.

55. Data on property responsibility are entered in the second part of accounting card.

56. In case of failure to carry out of the request according to the plan of cargo haulings in cars, but accomplishment in tons on loads which transportations are established in cars and tons the request is considered executed.

The underload according to the plan in tons owing to failure to carry out by the consignor of technical standards of loading of the car is considered the consignor's underload. If the consignor underloaded cars to complete capacity (taking into account their load-carrying capacity) and for this reason the request according to the plan of cargo haulings in tons was outstanding the carrier does not send cars.

57. In case of failure to carry out of the request according to the plan of cargo haulings in tons (on loads which transportations are planned in cars and tons) in case of complete use of regulation in cars and accomplishment of technical standards of their loading, the carrier in addition sends for loading cars in the quantity necessary for accomplishment of the request according to the plan of cargo haulings in tons.

58. Calculation for failure to carry out of the monthly request according to the plan of cargo haulings is made every ten days, but no later than 5 working days after the termination of month.

4. Procedure for cargo reception to transportation.

59. Acceptance to carriage of goods is performed on the acceptance (exhibition) ways.

60. Carriage of goods are performed by sendings.

Sending is understood as the load accepted for shipment on one delivery note from one consignor on one station of origin to one consignee on one station of destination.

As one sending is accepted:

the load submerged in the car (coupling of cars) if for shown to cargo hauling the separate car is required or is required to connect two or more cars (coupling of cars);

the load submerged in container;

load on the axes (railway rolling stock, cranes on railway to the course, on-track and construction machines on railway to the course).

Under approval between the consignor and carrier the load can be drawn up by one delivery note shown to transportation from one consignor from one station of origin to one consignee on one station of destination if:

one name, transported in two or more cars (except couplings);

one name, transported in two or more containers;

on the axes of one name in number of more than one unit.

The consignor is registered in the specialized automated system of carrier (further – SAS).

61. Speeds are determined according to delivery dates of loads, according to appendix 8 to these rules.

The type of speed of transportation determines and the consignor specifies in delivery note.

If cargo hauling according to the Tariff management (price list) of carrier be performed only by high speed, the consignor in this column specifies this speed.

62. To the consignor of cars, containers for loading the carrier notifies the consignor not later than two hours before giving with simultaneous registration of such notification in the book of notifications on time of giving of cars on the forthcoming giving for loading. The procedure for giving cleaning of cars on sidings is established according to the contract for giving cleaning of cars. According to the proposal of the consignor other notification procedure can be established. For the notification the available communicating device, including network of electronic data traffic is used. For ensuring acceptance of notifications with the consignor persons, responsible for acceptance of notifications, are determined, surnames and phone numbers (faxes, telex) of which are in writing reported to carrier.

In case of not acceptance by the consignor of the notification on giving of cars, giving of cars by carrier without notice the sent cars are set off for the consignor and time of their stay on siding is calculated after two hours after the actual giving of cars.

When giving cars with delay against term and when giving cars before the term specified in the notification, the time spent of cars for siding is calculated from the moment of the actual giving. If delay exceeds two hours, then the carrier notifies the consignor on the forthcoming giving again.

63. Before introduction of the carriage charge of load and other receivable payments for the previous cargo hauling the carrier stops rendering services.

64. Loading of load shall be made in technically operational, suitable for transportation of this load and the cleared cars.

Preparation for loading of cars, containers is performed at the expense of person who on the property right or other legal cause belongs cars and (or) containers.

Preparation of cars for loading of dangerous goods is made with observance of the conditions provided for this dangerous goods.

65. In case of refusal of the consignor of loading of the empty specialized cars of carrier and impossibility of their use which arrived according to its request for the station of loading within a day at this station by other consignor, carrier levies from it transportation payment for run of these cars from the station with which they were sent, to the station of loading, but no more than for 300 kilometers.

66. Technical suitability of the cars sent for loading, containers the carrier determines.

Suitability in the commercial relation of cars, containers (condition of cargo sections of the cars, containers suitable for transportation of specific load, absence in cars, containers of foreign smell, other adverse factors, except for effects of precipitations in open cars, and also the features of internal designs of bodies of cars, containers influencing condition of loads when loading, unloading and transportation) for transportation of the specified load is determined in the relation:

cars – consignors if loading is provided with them, or carrier if loading is provided to them;

containers – consignors.

67. In case of refusal of consignors of the cars, containers unsuitable for transportation of specific loads, the carrier sends cars, containers, operational, suitable for transportation of such loads, instead of the specified cars, containers.

68. The facts of unfitness of cars under carriage of goods, including the dual transactions used according to the procedure (after unloading of load from the car), are drawn up by the Act of general format GU-23 according to appendix 9 to these rules which is signed by representatives of carrier and the consignor.

69. Cargo loading in cars, containers on sidings and on places of loading unloading is performed by the consignor or on contractual basis carrier. On places of loading unloading loading except for of dangerous goods can be performed.

70. Consignors prepare loads for loading and transportations so that the traffic security and handling works, safety of loads, cars, containers was ensured.

Loads, for the purpose of their protection from damage, spoil, loss and shortage, and also for pollution prevention and contamination of railway vehicles, railroad body and the surrounding environment, are shown to transportation in packed form using the transport container conforming to standards and technical specifications.

Requirements to container and packaging of loads, quality of products transported by carrier are established by standards and technical specifications. Consignors upon the demand of carrier show standards or technical specifications on the shipped products, and also on container, packaging if the load is packed.

71. Loads, on container and which packaging standards and technical specifications are not established are represented to transportation in the operational container ensuring their complete safety in transit and to requirements of these rules.

72. In transit the loads which are not among easily combustible, but packed using easily combustible material (fabric, bast mat) or protected from damage by easily combustible materials (paper, bast mat, shaving, straw and others), and also in transit upholstered furniture, car inspection, containers and preparation them are for loading made as well as for combustible loads.

73. The consignor shows to transportation tare and breakbulk cargoes with transport marking irrespective of marking compliance to the requirements existing on other modes of transport. Content of transport marking, the place and method of its drawing, procedure for arrangement, the sizes of identification tags and texts are put according to state standard specifications.

74. Loading, placement and fixture of loads in cars, containers shall ensure traffic security of trains, possibility of mechanization and safety of handling works, safety of loads, cars, containers according to requirements of standards. Placement and fixture of loads in cars, containers is made in accordance with the terms of placement and fixture of loads.

Loads on which packaging there are handling instructions and warning labels are loaded in cars with observance of requirements of these signs, texts.

The equipments, materials necessary for loading, fixture and carriage of goods, means of packaging and other devices are provided by consignors. Installation of such devices when loading is carried out by consignors or carrier depending on the one who performs loading. Loading in one car of loads which on the properties can damage or spoil other loads is not made. Loads are loaded into cars, containers to the complete capacity of cars, it is not higher than load-carrying capacity of containers according to cliche on the car, container.

75. In case of presentation of loads for transportation the consignor specifies in delivery note their weight, and in case of presentation of tare and breakbulk cargoes also quantity of cargo pieces. Determination of mass of load which loading to the complete capacity of cars, containers can entail exceeding of their allowable cargo load is performed only by means of weighing. At the same time determination of mass of the loads transported by bulk embankment is performed by means of weighing on railway truck scales.

Determination of mass of loads is made by the consignor.

Load total mass is determined (gross) depending on sort of load and technical feasibility weighing or in the settlement way.

In the settlement way the mass of load is determined:

on cliche, summing of the mass of load (gross) specified in marking of each place of load;

according to the standard, multiplication of standard mass of unit of cargo by seating capacity of load;

on measurement, multiplication of the amount of the submerged load calculated based on measurements by its volume weight;

temperature of load and density of product at the same time is determined by measurement of height of filling (for ethyl alcohol – incomplete filling height) with scoping of juicy load according to the tables of calibration of tanks developed by their manufacturer;

with use of counters or other verified gages.

In case of absence at the consignor of railway truck scales the mass of load is determined on scales of carrier. For weighing of loads the carrier levies the charges specified in the Tariff management (price list) of carrier. The mass of the loads transported in containers in all cases is determined by the consignor.

76. The equipment the necessary number of weight devices on sidings is made for weighing of the transported loads by owners of the specified ways.

77. In case of determination of mass of load by weighing on railway truck scales the weight specified on the car is accepted to tare mass of the car.

If before loading check of tare mass of the car is made, then in case of determination of mass of load the weight determined when weighing is accepted to tare mass of the car.

78. In transit loads with the removable equipment and details of fixture, including vegetable, grain boards and winterization, the mass of the specified devices, materials are not included into the mass of load and it is specified separately in the column of the 4th delivery note "Special statements and the consignor's marks". The mass of fixed grain boards is included into car tare mass.

The inventory of fixing means the consignor is specified in the column of the 4th delivery note "Special statements and the consignor's marks".

79. The consignor in case of presentation to transportation of the freezing together load specifies in delivery note, according to these rules, in the column "Special Statements and Consignor's Marks" percent of humidity of load and measures taken for its protection from adfreezing, for example: "The load is exposed to frost", "Is poured by lime in quantity... %", "Obmasleno in quantity... in %", "It is shifted by layer-by-layer wood sawdust". Besides, the consignor at the top of delivery note puts down the stamp which is "Freezing together".

Data on humidity when loading the earth, clay, sand, crushed stone and gravel in delivery note can not be specified.

80. The carrier, in the presence at the consignor of written consent of the consignee having teplyak or other heating devices, on acceptance transported on such conditions of load and ensuring its timely unloading accepts for shipment the freezing together loads without the applied prophylactics. In this case in delivery note in the column "Special Statements and Consignor's Marks" the consignor does mark: "With the consent of the consignee – without prevention".

81. Method of determination of mass of load and also who (the consignor or carrier) determined the mass of load are specified in the corresponding graphs of delivery note. In case of determination of mass of load according to the standard the mass of one place in addition is specified.

82. The loaded cars, containers are sealed up by carrier if loads are submerged by carrier, or consignors if loads are submerged by consignors.

83. After the end of loading the consignor clears roof, charging hatches of the covered and specialized cars of remaining balance of the submerged load, wipes pattern texts on the car, clears frame and undercarriages of the car.

84. The carrier accepts the load submerged by the consignor in cars and containers of the covered type for shipment, inspecting outside condition of cars and containers, checking condition of hatches and doors, availability, operability of seals, and also compliance of signs on seals to the data specified in delivery note.

The carrier checks seals on the containers submerged by the consignor in cars if placement of containers in the car provides access to them. The carrier does not check seating capacity, weight and condition of load.

Submerged by the consignor in the car or container of open type the carrier accepts the load transported with indication of in seating capacity delivery note without check of mass of load, inspecting outside only condition of visible places of load (their parts) and checking safety marking, and also seating capacity if they can be counted visually.

Submerged by the consignor in the car or container of open type load with quantity more than hundred places, the carrier accepts for shipment without check of mass of load, inspecting outside only condition of visible places of load (their parts) and checking the put safety marking.

The carrier accepts the load transported by bulk or embankment in cars of open type for shipment, checking lack of dredging in load, and also checking the mass of load by weighing of the car with load minus the container of the car specified on cliche on the car.

Check of weight measuring devices is made according to state standard specification 8.021-2005.

The carrier accepts the load transported accompanied by the consignor's conductors for shipment without check of seating capacity, weight, condition of load and availability of seals.

If loading of load is made by carrier or the load is submerged by the consignor on open railway vehicles, the carrier makes visual inspection of the container or packaging of load available to survey. If in case of visual inspection of load it is revealed that the load needing container or packaging is shown to transportation without container or packaging, in defective container or packaging, and also in the container or packaging which is not corresponding to properties of load or not providing its overload from the car in the car in transit in the overload message, the carrier refuses acceptance of such load to transportation before elimination by the consignor of the revealed violations.

On each place of load which mass is determined by cliche the consignor shall specify its number, weight gross and net.

Loads in container or packaging or breakbulk cargoes which mass is specified on each place of load and also places of load with identical standard weight in case of acceptance to transportation are not weighed.

85. In case of presentation of load for transportation the consignor represents to carrier on each shipment constituted properly delivery note and necessary accompanying documents.

In load acknowledge for transportation the receipt on cargo reception on receipt in back of the road sheet is issued to the consignor. The specified delivery note and the receipt on cargo reception issued on its basis to the consignor confirm the conclusion of the transportation agreement of load.

Date of cargo reception to transportation makes sure imposing of the corresponding column of delivery note of calendar stamp of carrier with indication of date of the current days, irrespective of time of day when registration of load was made.

In the presence at the consignor of access to SAS of carrier acceptance, registration, control and seal of carriage documents, their approval and vising can be performed by means of electronic data traffic according to the technologies and standards of information exchange accepted between the consignor and carrier. Execution of the electronic waybill is performed similar to registration of delivery note.

On completion of loading and execution of carriage documents, the consignor transfers on the acceptance ways defined by the agreement of giving cleaning of cars, the car or container to carrier by carrying out acceptance transactions with putting down of the signature in the instruction sheet of the acceptance inspector on giving cleaning of cars of the GU-45 form according to appendix 10 to these rules and (or) sheets of giving cleaning of the car of the GU-46 form according to appendix 11 to these rules.

86. In case of transfer/acceptance of loaded cars by representatives of carrier and the consignor it is examined in the technical and commercial relation.

87. The list of the services connected with carriage of goods is stated in annex 12 to these rules.

5. Procedure for issue of loads

Paragraph 1. The notification on arrival of load on station of destination

88. The carrier according to the agreement can provide to the consignee or person, authorized the preliminary information about approach in its address of loads it. The method and times for notification is established by the agreement.

89. The consignee is registered in SAS of carrier, according to the procedure, established by carrier.

90. The carrier notifies the consignee or person, him the representative about the loads which arrived to station of destination to its address no later than 12 o'clock in the afternoon following date of arrival.

The procedure and methods of the notification on the arrived loads on station of destination are established by carrier. Under the contract of carrier with the consignee establishment of other notification procedure is allowed. For the notification the available communicating device is used.

For ensuring acceptance of notifications with the consignee or person authorized by it persons, responsible for acceptance of notifications, surnames and phone numbers, faxes which telex are in writing reported to carrier are determined.

Transfer of the notification at the same time is registered at the station in the book of notifications on arrival of loads in the form established by carrier.

In the notification on arrival of load date and time of transfer of the notification is put down.

The carrier on the arrival of the car (container) with load, being under customs control on station of destination, for completion of customs procedure of customs transit, notifies customs authority by provision of carriage and accompanying documents.

The customs authority in which region of activities there is station after the notification shall put down on the 1 and 2 leaf of the carriage document stamp, the established form.

If the carrier does not notify on arrival of loads, then the consignee is exempted from payment for use of cars, containers and from collection for storage of loads before receipt of the notification on their arrival.

91. On arrival on station of destination of load which transportation is drawn up with use of the electronic carriage document (further - the electronic waybill), to the special automated workplace of the commodity cashier of station of destination from information system of carrier transfers the electronic message (messages) containing information on carriage documents.

In the presence at the consignee of access to SAS of carrier the notification on arrival in its address of load is performed by means of electronic data traffic according to the technologies and standards of information exchange accepted between the consignor, the consignee and carrier.

Paragraph 2. Giving of cars on the acceptance ways

92. The cars which arrived to station of destination move on the acceptance ways defined by the agreement on giving cleaning of cars for carrying out acceptance transactions between carrier and the consignee or person, it the representative.

93. The carrier not later than two hours before giving, notifies the consignee or person authorized by it about giving of cars on the acceptance ways.

When giving cars before the expiration of two hours or after the expiration of two hours of the notification, time of responsibility of the consignee or person, authorized is calculated by it from the moment of their actual giving.

If delay exceeds two hours, then the carrier notifies the consignee or persons, it the representative about the forthcoming giving again.

94. In case of acceptance transactions with cars, including loaded containers, parties concerned, by technical and commercial inspection make sure of operability of cars, containers, and also of compliance of the data specified in car sheets and rail waybills.

The carrier gives the load submerged by the consignor in the car which arrived behind operational seals of the consignor in the operational car, and the consignee or person, it authorized accepts, inspecting outside car condition, checking condition of hatches and doors, availability, operability of seals, and also compliance of signs on seals to the data specified in delivery note.

Seating capacity of load, weight and condition of load is not checked.

95. In transit loads in open railway vehicles it is necessary to be convinced of lack of visible traces of damage (spoil) and loss of load.

In case of detection of commercial defect at the car, container by the representative of carrier draws up the statement of general format GU-23.

In case of detection of materiel failures at the car, container by the representative of carrier draws up the Statement of technical condition of the car, container of the GU-106 form according to appendix 13 to these rules.

Paragraph 3. Issue of load

96. The load is issued on station of destination to the consignee or person authorized by it after introduction of the carriage charge of load by them and other payments which are due to carrier established by the Tariff management (price list) of carrier.

The consignee provides acceptance of the load which arrived to its address. The refusal of the consignee of acceptance of the loads which arrived to its address is not allowed.

Issue of load is made after the signature of the consignee or person, it the representative in the road sheet with indication of in it numbers and dates of the warrant for receipt of load, and issue of the original of delivery note to it.

Unloading of loads from cars and containers is performed by the consignee or person, to them the representative. Acceptance transactions are made on site unloadings.

When implementing unloading of loads on shipping places and unloadings on sidings means of the consignee or person authorized by it without participation of the representative of carrier, confirmation of the actual issue of load is the list of the consignee or person authorized by it in the instruction sheet of the acceptance inspector or the sheet of giving cleaning of the car in the column "The Car Accepted".

97. In transit loads with use of the electronic waybill after implementation on station of destination of final settlements with carrier on transportation the paper copy of the electronic waybill certified by the signature of the commodity cashier and calendar stamp of carrier of assignment about registration of issue of load according to these rules is issued to the consignee. The delivery note is issued to the consignee under list in the paper copy of the electronic road sheet. In the presence the consignee of access of SAS of carrier, has issue to delivery note on the load which arrived to its address is performed by means of electronic data traffic, according to the technologies and standards of information exchange accepted between the consignor, the consignee and carrier.

98. Electronic accompanying documents are transferred on accessory in electronic or paper type. In case of transfer of electronic accompanying documents in paper form to the addressee they are printed out by the representative of carrier on station of destination in the form of the paper copy of the electronic document and certified by calendar stamp of carrier.

99. In case of receipt of load the consignee or person authorized by it represents to carrier the power of attorney on the right of receipt of load and the identity document.

The power of attorney on behalf of the legal entity is issued signed by his head or the other person authorized on it by its constituent documents with impress of a seal of this organization.

The power of attorney is issued on one-time receipt of load on specific delivery note. In this case after rascreditovaniye of carriage documents it is put to the road sheet. The power of attorney issued for long term is stored at the representative of carrier on station of destination.

In the power of attorney passport details or the identity document of person to which the power of attorney, actions which it is authorized to make (rascreditovaniye of documents, implementation of calculations for transportation, signing of the instruction sheet of the acceptance inspector, the sheet of giving cleaning of cars, the commercial act or others), and also the wagon number (container) and number of delivery note is issued if the power of attorney is issued on receipt of load on specific delivery note are specified.

100. The loads addressed to physical persons are issued to the consignee only in case of presentation of the document, proving the identity, under list in the road sheet with indication of the date of receipt of load and data of the document, proving the identity (series, number by whom it is issued date of issue).

101. The load which arrived behind operational seals of the consignor or customs authorities in the operational car, container, the carrier transfers, and the consignee accepts, inspecting outside condition of the car, container, checking condition of hatches and doors, availability, operability of seals, and also compliance of signs on seals to the data specified in delivery note.

Seating capacity of load, weight and condition of load is not checked.

Submerged by the consignor in the car or container of open type the carrier gives the load transported with indication of in seating capacity delivery note, and the consignee accepts without check of mass of load, inspecting outside only condition of visible places of load (their parts) and checking safety marking, and also seating capacity if they can be counted visually.

Submerged by the consignor in the car or container of open type 5 with seating capacity more 100th carrier gives load, and the consignee accepts without check of mass of load, inspecting outside only condition of visible places of load (their parts) and checking the put safety marking.

The carrier gives the load transported by bulk or embankment in cars of open type, and the consignee accepts, checking uniformity of surface of load and lack of dredging in load.

The carrier gives the load transported accompanied by conductors to the consignee without check of seating capacity, weight, condition of load and availability of seals.

The carrier gives the load on the axes transported without conductor, and the consignee accepts, performing its visual inspection.

102. Issue of load from the car which arrived to station of destination, the container which is sealed up by frontier station in connection with is made by the carried-out boundary, sanitary, quarantine and other types of control confirmed with acts of opening of the car (container) without check of quantity and condition of load.

103. At the request of the consignee the carrier can take part in check of condition of load, its weight, seating capacity on contractual basis.

Results of issue and check of condition of the arrived load, its masses and seating capacity are drawn up according to the procedure, provided by these rules.

104. About issue of load without participation of carrier the station, upon the demand of the consignee in the column "Marks about Issue of Load" of delivery note does mark of the following content:

For the loads which arrived in the cars, containers which are sealed up by the consignor, customs authority or other representative on it body: "The load on this delivery note arrived in the operational car, container (unnecessary to cross out) No. _____ behind operational ZPU of the consignor, customs authority or other, authorized body and is issued" ____" __________ without check".

For loads which transportation is allowed without locking and sealing devices, and also in open railway vehicles:

"The load on this delivery note arrived in the operational car No. ___ without signs of loss and is issued" ___" ________ without check".

105. In case of issue of load, the carrier depending on results of issue draws up the commercial statement of the GU-22, form in case of international carriages the message the commercial act in the form established by the Agreement on the international railway freight traffic. About issue of load the mark in the instruction sheet of the acceptance inspector or in the sheet on giving cleaning of cars in the column "Note" with indication of number of the act of general format GU-23 and issue with participation of carrier becomes.

In case of issue of load with participation of carrier in car leaf not only time of giving of the car under unloading, but also time of the beginning and the end of unloading is specified.

106. In case of shortage, spoil or cargo damage when about it before its issue the commercial statement was drawn up (including along the line), the representative of carrier on station of destination issues load to the consignee after determination of the amount of the actual shortage, spoil or cargo damage agrees to the documents shown by the consignee.

In case of shortage, spoil or damage of separate parts of furniture, the equipment, spare parts, the tool or accessories, the consignee attaches the documents confirming the cost of restoring repair of damaged cargo or separate cost of missing parts, spare parts, the tool, accessories (calculation, the receipt, the account).

In case of non-presentation of the specified documents the load is issued to the consignee, with the detailed inventory in the commercial act, the load which appeared available or after creation in appropriate cases of the appraisal certificate.

In case of shortage, damage or spoil of the loads transported by route or group sending if damage or spoil of load were not in all but only in one or several cars, acceptance acts of load and on other cars which arrived on route or group sending in good repair are attached to the commercial act.

107. When implementing of issue of loads by carrier on places of loading unloading and sidings the mark on the back delivery note in the column "Marks about Issue of Load" brought by the representative of carrier on station of destination and certified by stamp of carrier is considered confirmation of issue of load.

108. When unloading on places of loading unloading the requirement about check of mass of loads by carrier on railway truck scales, the consignee declares prior to unloading.

When unloading cars on sidings the requirement about check of mass of load on railway truck scales of the consignee is shown them at the time of acceptance of cars in the procedure established by the agreement.

Check of mass of loads in destinations is made on scales of the same type on what the load was weighed in the point of departure. In case of absence at the consignee and carrier of railway truck scales, the loads transported by bulk and embankment in case of operability of cars, are issued without check of their weight.

109. The period of time of forced wagon demurrage, container waiting for arrival of the representative of carrier for participation in issue of load in general dwell-time of the car or container in use of the consignee, does not join.

This circumstance is confirmed by the act of general format GU-23 with indication of in it idle time of the car, container from the moment of the notification of carrier on need of presence of the representative of carrier until its arrival. The act of general format GU-23 is signed by authorized representatives of the consignee and carrier.

110. The carrier in case of issue of load checks in arrival cases:

1) in the damaged car, container;

2) in the car, container with locking and sealing devices of way railway stations, and also in case of absence or damage of locking and sealing devices;

3) with signs of shortage, damage (spoil) in transit on open railway vehicles or in closed cars without locking and sealing devices when such transportation is provided by rules of transportations;

4) with violation of delivery dates or violation of temperature condition in transit perishable load in refrigerated cars;

5) submerged by carrier;

6) when unloading is performed by carrier;

7) when dry and bulked cargoes are accepted by carrier on the mass of load determined according to Item 84 of these rules.

If the carrier participates in check of mass of load, seating capacity and condition of load, seating capacity of load and mass of load are determined, making check in the following procedure:

1) for the packed and unpacked cargoes which mass before their delivery to transportation is determined by the standard or by cliche check seating capacity of load in sending, and in the damaged places of load check quantity of unit of cargos or weight and condition of load in them; if the mass of load was determined by cliche, then check numbers of places of load;

2) if is stated by damage of container or other circumstances which can influence load condition, check the weight or quantity of unit of cargos and condition of load in the damaged places of load, opening the damaged places of load and comparing content of the damaged places with specified in accompanying documents;

3) for the load transported in open boxes check seating capacity and mass of load or check seating capacity and quantity of units in each box;

4) for the loads transported by filling, bulk or embankment check load total mass.

Check of load weight in case of issue is performed by the method similar to method of its determination in case of loading.

The load weight is considered correct if the difference in the load weight determined on station of origin in comparison with the weight which appeared on station of destination does not exceed the limiting regulations of weight discrepancy and natural wastage established according to rules of transportations.

In case of absence at the consignee and carrier of railway truck scales the loads transported by bulk and embankment are issued without check of their weight.

In case of detection checks content of transport packet for stations of destination of the damaged packets unloaded by means of carrier, carrier, and in the damaged places – quantity, weight and condition of load on impressive accounts. Results of check are drawn up according to these rules.

In transit forest products, timber, firewood in stacks check of quantity of load is made by means of measurement only in stacks with the broken fixture.

Lowering in the car of height of timber cargoes and firewood owing to draft and their consolidation in transit is considered normal if it does not exceed three centimeters on each meter of stacking height.

In transit loads in packets, including drank - and forest products, their issue in case of defective transportation is made with check of quantity of packets and conditions of load only in defective packets.

The meat and meat products transported unpacked in isothermal railway vehicles are issued with check of mass of load (by weighing on commodity scales) and seating capacities in cases when in delivery note their number is specified.

The mass of the loads transported by filling is checked by carrier together with the consignee by the same method by what the mass of such load in case of departure was determined. Check of condition, weight and seating capacity of the arrived dangerous goods is made by the consignee in the presence of the representative of carrier.

Issue of dangerous goods is made on sidings.

111. If when checking mass of load state discrepancy of mass of load to the data specified in the superimposed, commercial statement draw up only in that case when reduction of mass of load or increase exceeds the established regulations.

112. When the carrier according to these rules issues load with check, it does mark of the following content in the column "Marks about Issue of Load" of delivery note:

1) in case of lack of circumstances for creation of the commercial act the carrier does the mark "The Load Is Issued according to Carriage Documents Truly";

2) in case of issue of the load corresponding to data of the passing commercial act, the carrier does the mark "The Load Is Issued according to the Commercial Act No. ___ from ____________ to the Art. __________ Identically";

3) in case of detection of shortage of the mass of load which is not exceeding rate of natural loss of mass of this load, values of error of measurements of net weight and also in case of detection of excess of mass of the load which is not exceeding values of error of measurements of net weight: "When checking mass of load" __" ________ there was ________ kg (digits and copy-book)";

4) in case of registration of results of check of weight and seating capacity of load the commercial act in the column "Marks of Carrier" of delivery note the following mark becomes: "The commercial statement No. ____ from" __" ________ about _____________ is drawn up (about what)".

Marks about issue of load make sure the signature of carrier certified by lower case stamp of carrier on station of destination.

The consignee shows to carrier on station of destination delivery note for entering into it of the marks specified in this Item in day of unloading or no later than the days following behind day of unloading.

In case of issue of loads according to documents, the mark "The Load Is Issued according to Carriage Documents Truly" provided by this Item is put down by carrier irrespective of the requirement of the consignee.

113. In cases when the carrier issues load with check, opening of the car, container by carrier is made in the presence of the consignee. When opening cars, containers by the consignee independently, without participation of the representative of carrier, the carrier does not bear responsibility for safety of load.

114. When unloading tare and breakbulk cargoes on the sidings used by one consignor / consignee in cases when issue of load is made with participation of carrier, the consignee stacks load separately from earlier unloaded the possibility of rechecking of the unloaded load was provided, if necessary.

115. In case of issue by carrier of the loads transported with the removable equipment, including with vegetable, grain boards, and also insulating and gasket materials, the mass of this equipment and materials joins in car tare mass.

The mass of insulating materials, vegetable boards and other removable equipment is accepted according to the data specified in delivery note.

116. In case of detection in the course of unloading in shipping places and unloadings of station of destination of excess freights, arrived in the car submerged and which is sealed up by carrier or in the open railway vehicles submerged by carrier, the representative of carrier on station of destination informs on it the station of loading. At the same time excesses of places of tare and breakbulk cargoes remain on station of destination before clarification of their accessory or are issued according to the trust receipt to the consignee. Excesses of mass of the load transported by bulk, embankment and also perishable load to which spoil threatens are issued to the consignee under the trust receipt together with the main quantity of load specified in delivery note.

Similarly under the trust receipt excesses of loads when unloading loads on shipping places are issued to the consignee and unloadings and sidings. In the trust receipt of the consignee the obligation not of use of the received excesses and their return on the first demand of carrier is established.

The representative of carrier on station of origin after obtaining from the representative of carrier on telegram station of destination about the found excesses of loads informs on it the consignor who within four days, and on perishable loads within two days tells the representative of carrier on station of origin how to dispose of excessively unloaded or issued load. In case of non receipt in the specified terms from the representative of carrier on information station of origin the loads unloaded in shipping places and unloadings are subject to realization according to Chapter 17 of these rules. The loads issued under the trust receipt remain at the disposal of the consignee after return by carrier to the consignee of the trust receipt.

117. If the load did not arrive to station of destination at the scheduled time of delivery the consignee shows to the representative of carrier on station of destination the authentic receipt on cargo reception or the reference of station of origin. The representative of carrier on station of destination is convinced of load non-arrival on station of destination and for check of authenticity of the shown receipt on cargo reception to transportation requests from the representative of carrier on station of origin. The representative of carrier on station of origin, having received such request, in daily time gives the answer with load acknowledge to transportation with indication of data of all columns of delivery note according to the book of cargo reception to departure. After receipt of the answer with confirmation of authenticity of the shown documents the representative of carrier on station of destination does mark in the shown receipt or the reference of station of origin "The load did not arrive" and certifies this record by calendar stamp of carrier on station of destination and the signature.

In case of loss, the damages by carrier of the cars, containers belonging to consignors, consignees to other legal entities or physical persons or leased by them – the consignor, the consignee except the receipt on cargo reception to transportation show the document confirming the right of their property or lease of cars, containers, their residual cost, the fact and the amount of damage.

Search of the load which did not arrive to destination to the time specified in the receipt on cargo reception is made according to the statement of the consignee by carrier.

In confirmation of justification of the requirement about search of load the consignee represents the receipt on cargo reception, and in case of its absence – one of the following documents: the supplier invoice (in the original or in the copy), the document of the supplier (consignor) replacing the invoice if the specified documents have data on load sort, shipping date, station of origin, station of destination, number of delivery note on which the load is handed over to transportation, and the wagon number (in case of shipment in the car) or number of container – in case of shipment in container.

In case of non-arrival of the load transported on paperless technology with use of the electronic waybill in the delivery date specified in the receipt on cargo reception the consignee imposes on carrier requirement about search of load. For this purpose the consignee submits to the representative of carrier for stations of destination the written statement in which he specifies number of electronic sending and station of origin. Search of load is made through information system of carrier.

Search of the load following from the third countries or from stations of the railroads of the State Parties of the Commonwealth of Independent States, Georgia, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia (further – the railroads), is made by carrier of station of destination on the terms of the existing international agreements.

118. Issue of the load transported according to dosylochny carriage documents is made:

the arrived part of load in case of the main carriage documents – on receipt in the road sheet with issue to the consignee of delivery note and the commercial act on cargo shortage;

the arrived missing part of load according to dosylochny carriage documents – on receipt in the dosylochny road sheet on presentation by the consignee of the main delivery note and the commercial act. At the same time the commercial act remains at carrier, irrespective of accessory of cars.

Final settlement on transportation is made on the main delivery note. About issue of the load which arrived according to dosylochny documents, the representative of carrier at the station gives mark in the main delivery note.

In case of arrival of load according to dosylochny carriage documents before arrival of load according to the main carriage documents issue to the arrived part of load is made on receipt the consignee on the dosylochny road sheet. Besides, the consignee issues to carrier the reference that the received part of load will be offset by it on account of the main sending. It is the reference it is stored at carrier.

In case of arrival according to dosylochny carriage documents of all load according to the receipt on cargo reception the station based on this receipt constitutes the waybill copy and the road sheet, instead of lost and registration of issue is made according to the procedure, established by this Chapter.

119. In case of redispatching of the cars unhooked from the main sending which is drawn up on paperless technology with use of the electronic waybill, issue of load is made:

the arrived part of load according to the electronic waybill on the main sending with issue of the commercial act and introduction of mark about not arrived part of load in the electronic waybill and the paper copy of the electronic waybill;

the arrived part of load according to dosylochny documents after arrival of the main sending – on receipt in the original of the dosylochny road sheet (when following the dosylochny sheet with the car) or in the paper copy of the dosylochny sheet (in case of paperless technology of transportation) at sight the consignee of the commercial act and delivery note on the main sending if it was issued to the consignee;

the arrived part of load in case of dosylochny documents before arrival of the main sending – on receipt in the original of the dosylochny road sheet (when following the dosylochny sheet with the car) or in the paper copy of the dosylochny sheet (in case of paperless technology of transportation) with issue by the consignee to carrier of the certificate that the received part of load will be offset by it on account of the main sending.

6. Procedure for use of locking and sealing devices for sealing of cars and containers

120. For ensuring safety of the transported loads and prevention of penetration of strangers, the submerged cars and containers are sealed up by locking and sealing devices:

1) carrier when the load is submerged by it or is overloaded along the line;

2) the consignor when the load is submerged by the consignor;

3) port, pier when the load is overloaded with port, pier along the line and they are consignors;

4) customs authorities when opening along the line for check according to the Code of the Republic of Kazakhstan "About customs affairs in the Republic of Kazakhstan" and the customs legislation of the Eurasian Economic Union, and also the Law.

At the same time locking and sealing devices of customs authorities are equated to consignor.

121. Locking and sealing devices (the control elements combined in single design with blocking devices) shall not allow possibilities of removal them from the car, container without violation of their integrity.

Installation of locking and sealing devices is made on operational locking devices of cars, containers, providing possibility of free visual readout of information placed on the locking and sealing device.

Locking and sealing devices are established:

1) on the universal closed car – on pads of doors from each party of the car - on one locking sealing device;

2) on the tank - on cover of the top charging hatch – on one locking sealing device, except as specified, when the special procedure for sealing is provided by these rules;

3) on the covered hopper car for grain – on the locking device of each steering wheel of unloading hatch and the bar fixing charging hatches – on one locking sealing device;

4) on the covered hopper car for mineral fertilizers – on the locking device of each steering wheel of unloading hatch and the bar fixing charging hatches – on one locking sealing device;

5) on the covered hopper car for cement – on the locking device of each steering wheel of unloading hatch and on each charging hatch – on one locking sealing device;

6) on the closed car for transportation of cars – on locking devices of doors of each edge site and transitional site – on one locking sealing device;

7) on containers – on one locking sealing device on the handle located at the left on the right shutter of the door which is closed the last; on specialized rail reefer – on the doors equipped with the push plate and the lever of the locking device from each party of the car – on one locking sealing device or – on the doors equipped with the lower ears for sealing from each party of the car - on one locking sealing device.

On cars of other types installation of locking and sealing devices is made on the places or nodes which are specially provided for their sealing.

Imposing of locking and sealing devices on the lower drain devices of tanks is allowed.

Locking and sealing devices contain the following signs:

1) alphabetic abbreviated name of railway administration;

2) individual control sign is at least, than from six signs;

3) trademark of manufacturer;

4) last digit of year of manufacture of the locking and sealing device;

5) name of the locking and sealing device.

Use of locking and sealing devices with identical, and also not clear and incomplete individual control signs is not allowed.

Technical requirements on locking and sealing devices for cars and containers are established according to appendix 14 to these rules.

The locking and sealing device with the individual control sign applied on it is subject to strict accounting by the manufacturer, consignor, carrier (when using of locking and sealing devices by it). The used locking and sealing devices after transportation are utilized by the consignee.

122. Operational locking and sealing devices of customs authorities if for the purpose of border and customs control, and also sanitary, phytopathologic and other types of checks opening of cars, containers took place, and as a result - replacement of originally imposed seals or locking and sealing devices are equated to locking and sealing devices of the consignor.

123. In case of detection of the car, container along the line without locking and sealing device, or with damaged by the locking and sealing device or with the locking and sealing device not to the corresponding data specified in delivery note on the car, the container is imposed the new locking and sealing device with preliminary removal of the damaged locking and sealing device or the locking and sealing device not corresponding to the data specified in delivery note.

About installation of the locking and sealing device in delivery note in the column of "mark of carrier" the corresponding mark with indication of control signs of the locking and sealing device becomes.

Availability on the car, container of the locking and sealing structure of customs or other state control (supervision) body is not the basis for check by carrier in case of issue of load of its condition, weight and seating capacity.

In case of execution of the commercial act by carrier the locking and sealing device according to requirements of these rules is put to it.

In cases of check of condition of load along the line, and also it is allowed not to make complete replacement of all locking and sealing devices for customs examination or other type of the state control (supervision), and to be limited to replacement only of that locking and sealing device which removal was made for check implementation about what the statement of general format GU-23 is drawn up and the mark in the carriage document becomes.

In cases if on station of origin on the car, container locking and sealing devices from the previous transportations are found, they act the consignor or carrier, depending on the one who makes loading of load.

124. In the territory of the Republic of Kazakhstan carriage of goods listed in appendix 15 to these rules without locking and sealing device, but with obligatory imposing of curling (rope) for locking of doors, hatches is allowed.

125. Transportation of empty own and leased cars and containers, series cars 918, of the specialized platforms re-equiped from refrigerated cars, rail reefers of numbering 800, is made by imposing of locking and sealing devices at the expense of the consignee for cars of series 927.

In case of transfer on dezopromstantion (dezoprompunkta) of the empty covered, rail reefers after unloading from them of the loads requiring sanitary processing on the second and third categories on doors and hatches curlings are imposed.

126. The procedure for implementation of new type (model) for locking and sealing devices and functioning of the automated system of accounting (registration, re-registration), control, storage, use and utilization of locking and sealing devices, and also procedure their application for sealing of cars and containers on rail transport is established by carrier.

The organization of accounting, storage and utilization of the locking and sealing devices (approved and brought in the List of locking and sealing devices), the organizations manufacturers of locking and sealing devices by means of the automated systems of accounting and control of locking and sealing devices by means of electronic data traffic between the organizations manufacturers of locking and sealing devices and carrier provide.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.