Commercial law. Transportation of goods by rail (lecture notes)

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Commercial law. Transportation of goods by rail (lecture notes)

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LECTURE No. 57. Transportation of goods by rail

Transportation of goods by rail is one of the most common types of transportation in the Russian Federation. Rail transportation is carried out in accordance with applications for the transportation of goods, which are submitted by consignors to the railway department.

Consignors and the railway, in the case of regular transportation of goods, can conclude long-term contracts for the organization of transportation. Transportation arrangements define:

1) traffic volumes;

2) the terms and conditions for the provision of vehicles and the presentation of goods for transportation;

3) procedure for settlements;

4) other conditions for organizing transportation.

In accordance with the contracts for the carriage of goods by rail, the railways undertake to accept goods in the stipulated volume within the established time limits, and the consignors undertake to present them for transportation.

When preparing for the acceptance of cargo, the railway is obliged to submit wagons for loading in the following condition:

1) serviceable;

2) cleaned inside and outside;

3) if necessary, washed and disinfected;

4) suitable for the carriage of specific goods;

5) containers with removed fixing devices, except for non-removable ones.

Commercial suitability of wagons, containers (the condition of the cargo compartments of wagons, containers, suitable for the carriage of specific goods, as well as the absence of foreign smell inside them, other adverse factors affecting the state of the cargo during loading, unloading and en route; features of internal body structures wagons, containers (Article 20 of the Federal Law of January 10, 2003 No. 18-FZ "Charter of the Railway Transport of the Russian Federation")) for the transportation of specific goods is determined by the consignors.

About the time of submission of wagons, containers for loading carried out by consignors, employees of railway stations notify consignors no later than 2 hours before the submission of wagons, containers for loading. Consignors have the right to refuse wagons, containers unsuitable for the carriage of specific goods, and the railway is obliged to replace the specified wagons, containers with serviceable wagons, containers suitable for the carriage of such goods (Article 20 of the Federal Law "Charter of Railway Transport of the Russian Federation").

The shipper must:

1) prepare cargo for transportation in such a way as to ensure traffic safety, safety of cargo, wagons, containers;

2) submit a railway bill of lading and other documents for each shipment of cargo.

Loaded wagons, containers must be sealed by the railways, if the goods are loaded by the railways, or by shippers, if the goods are loaded by the shippers. Covered wagons, containers, when transporting goods in them for personal needs, must be sealed by railways or freight forwarding organizations at the discretion and at the expense of consignors (Article 28 of the Federal Law "Charter of Railway Transport of the Russian Federation").

When the cargo arrives at the destination, the rules for issuing the cargo to the consignee are established:

1) the railway is obliged to notify the consignee of the goods that have arrived at his address no later than at 12 noon on the day following the day of the arrival of the goods (Article 34 of the Federal Law "Charter of the Railway Transport of the Russian Federation"); the cargo is issued at the railway station of destination to the consignee after he has paid the payment for the carriage of the cargo and other payments due to the railway (Article 35 of the Federal Law "Charter of the Railway Transport of the Russian Federation");

2) the signature of the consignee in the road manifest is a direct confirmation of the release of the goods;

3) in the event that the consignee evades payment for the carriage of cargo and other payments due to the railway, the railway has the right to retain the cargo with a written notification of this to the consignor, who is obliged to dispose of the cargo within 4 days after receiving such notification (Article 35 of the Federal Law " Charter of railway transport of the Russian Federation");

4) if within the specified period the consignee does not take appropriate measures to pay the payment for the carriage of cargo and other payments due to the railway and the consignor does not dispose of the cargo, the railway has the right, unless otherwise provided by the contract of carriage, to sell the retained cargo, with the exception of cargo, withdrawn from circulation, and cargo, the sale of which is prohibited (Article 35 of the Federal Law "Charter of Railway Transport of the Russian Federation");

5) after unloading the goods, the wagons and containers must be cleaned inside and out, the fastening devices must be removed from them, with the exception of non-removable ones, and they must also be brought into good technical condition (Article 44 of the Federal Law "Charter of Railway Transport of the Russian Federation").

The carrier is liable for the failure of the cargo that occurred after it was accepted for transportation and before it was released to the consignee, a person authorized by him, unless he proves that the loss, shortage or damage to the cargo occurred due to circumstances that the cargo carrier could not prevent and the elimination of which did not depend on him ( article 95 of the Federal Law "Charter of Railway Transport of the Russian Federation"). Damage caused during the carriage of goods shall be compensated by the carrier:

1) in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;

2) in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;

3) in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo or baggage (Article 96 of the Federal Law "Charter of Railway Transport of the Russian Federation").

Before filing a claim against the carrier arising from the carriage of goods, it is mandatory to present a claim to him (Article 120 of the Federal Law "Charter of the Railway Transport of the Russian Federation"). A claim against the carrier may be brought by the consignor or consignee in the event of a complete or partial refusal to satisfy the claim or failure to receive a response from the carrier within thirty days. The limitation period for claims arising from the carriage of goods by rail is set at 1 year from the moment determined by the Charter of rail transport.

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