Rules for transporting vehicles by road. The rules for transporting goods by road are important innovations. VI. Features of transportation of certain types of cargo
Decree of the Government of the Russian Federation of April 15, 2011 No. 272
"On approval of the Rules for the transportation of goods by road"
(as amended as of December 22, 2017,
with changes and additions, included in the text,
according to the resolutions of the Government of the Russian Federation: dated December 30, 2011 No. 1208,
dated 01/09/2014 No. 12, dated 12/03/2015 No. 1311, dated 11/24/2016 No. 1233,
dated December 22, 2016 No. 1442, dated December 12, 2017 No. 1529)
In accordance with Article 3 of the Federal Law “Charter of Road Transport and Urban Ground Electric Transport”, the Government of the Russian Federation decides:
1. Approve the attached Rules for the transportation of goods by road.
2. This resolution comes into force after 3 months from the date of its official publication, with the exception of the clauses and Rules approved by this resolution. The paragraphs of these Rules come into force after 12 months from the date of official publication of this resolution.
3. Establish that before paragraph 3 of the Rules approved by this resolution comes into force, the transportation of dangerous goods by road in urban, suburban and intercity traffic is carried out in accordance with the specified Rules, as well as the rules for the transportation of dangerous goods by road, approved by the Ministry of Transport of the Russian Federation in pursuance of the Decree of the Government of the Russian Federation of April 23, 1994 No. 372.
Rules for transporting goods by road
I. General provisions
1. These Rules establish the procedure for organizing the transportation of various types of cargo by road, ensuring the safety of cargo, vehicles and containers, as well as the conditions for transporting goods and providing vehicles for such transportation.
2. Transportation of goods by road in international traffic across the territory of the Russian Federation is carried out in accordance with international treaties of the Russian Federation in the field of road transport, regulatory legal acts of the Russian Federation and these Rules.
3. Transportation of dangerous goods by road in urban, suburban and intercity traffic is carried out in accordance with the requirements established by Annexes A and B of the European Agreement concerning the International Carriage of Dangerous Goods by Road of September 30, 1957 (ADR) and these Regulations.
4. Transportation of perishable goods by road in urban, suburban and intercity traffic is carried out in accordance with the requirements established by the Agreement on the International Transport of Perishable Food Products and on Special Vehicles Designed for These Transports, signed in Geneva on September 1, 1970 ( ATP), and these Rules.
5. These Rules use the following concepts:
"accompanying statement" - a document used to record and control the use of the container;
"consignment" - cargo of one or more names, transported under one document of title;
"cargo space" - material object accepted for transportation;
heavy vehicle- a vehicle whose weight with or without cargo exceeds the permissible weight of the vehicle in accordance with Appendix No. or the axle load of which exceeds the permissible load on the axle of the vehicle in accordance with Appendix No.;
large vehicle- a vehicle whose dimensions, with or without cargo, exceed the maximum permissible dimensions of the vehicle according to Appendix No.;
"divisible load" - cargo that, without loss of consumer properties or risk of damage, can be placed on 2 or more cargo items.
II. Concluding a contract for the carriage of goods, a contract for chartering a vehicle for transporting goods
6. Cargo transportation is carried out on the basis of a cargo transportation contract, which can be concluded through the carrier’s acceptance of an order for execution, and if there is an agreement on the organization of cargo transportation, an application from the shipper, except for the cases specified in paragraph of these Rules.
The conclusion of a contract for the carriage of goods is confirmed by a waybill drawn up by the shipper (unless otherwise provided by the contract for the carriage of goods) in the form according to Appendix No. (hereinafter referred to as the waybill).
7. The order (application) is submitted by the shipper to the carrier, who is obliged to review the order (application) and, within 3 days from the date of its acceptance, inform the shipper about acceptance or refusal to accept the order (application) with a written justification of the reasons for the refusal and return the order (application ).
When considering an order (application), the carrier, in agreement with the shipper, determines the conditions for transporting the goods and fills out paragraphs 8 - 11, 13, 15 and 16 (as far as the carrier is concerned) of the waybill. When transporting dangerous goods, as well as when transporting a heavy and (or) large vehicle, the carrier indicates in paragraph 13 of the waybill, if necessary, information about the number, date and validity period of the special permit, as well as the route of such transportation.
8. Before concluding a contract for the carriage of goods, the carrier, at the request of the shipper, submits a document (price list) containing information about the cost of the carrier’s services and the procedure for calculating freight charges.
9. The consignment note, unless otherwise provided by the contract for the carriage of goods, is drawn up for one or several consignments of cargo transported on one vehicle, in 3 copies (originals), respectively, for the shipper, consignee and carrier.
The consignment note is signed by the shipper and the carrier or their authorized representatives.
Any corrections are certified by the signatures of both the shipper and the carrier or their authorized representatives.
10. In the case of loading cargo to be transported onto various vehicles, a number of waybills are drawn up that corresponds to the number of vehicles used.
11. In the absence of all or any individual entries in the “Conditions of Transportation” section of the waybill, the conditions for the transportation of goods provided for by the Federal Law “Charter of Motor Transport and Urban Ground Electric Transport” (hereinafter referred to as the Federal Law) and these Rules are applied.
The absence of an entry is confirmed by a dash in the corresponding column when filling out the delivery note.
12. When the shipper declares the value of the cargo, the cargo is accepted for transportation in the manner established by these Rules, indicating its value in paragraph 5 of the waybill. The declared value must not exceed the actual value of the cargo.
13. Transportation of cargo accompanied by a representative of the cargo owner, transportation of cargo for which no records are kept of the movement of inventory items, is carried out by a vehicle provided on the basis of a vehicle charter agreement for the carriage of cargo (hereinafter referred to as the charter agreement), concluded, unless otherwise provided for by agreement of the parties, in the form of a work order for the provision of a vehicle in the form according to Appendix No. (hereinafter referred to as the work order).
14. The work order is submitted by the charterer to the charterer, who is obliged to review the work order and, within 3 days from the date of its acceptance, inform the charterer about the acceptance or refusal to accept the work order with a written justification of the reasons for the refusal and return the work order.
When considering the work order, the charterer, in agreement with the charterer, determines the conditions for chartering the vehicle and fills out paragraphs 2, 8 - 10, 12 - 14 (in the part of the charterer) of the work order.
15. When submitting a work order to the charterer, the charterer fills out paragraphs 1, 3 - 7 and 14 of the work order.
16. Changes in the conditions of chartering along the route are noted by the charterer (driver) in column 11 “Reservations and comments of the charterer” of the work order.
17. In the absence of all or any individual entries in the purchase order relating to the conditions of chartering, the conditions provided for by the Federal Law and these Rules apply.
The absence of an entry is confirmed by a dash in the corresponding column of the work order.
18. The purchase order is drawn up in 3 copies (originals), signed by the charterer and the charterer. The first copy of the work order remains with the charterer, the second and third copies are handed over to the charterer (driver). The third copy of the work order with the necessary notes is attached to the invoice for chartering a vehicle for the carriage of goods and is sent to the charterer.
19. Any corrections in the purchase order are certified by the signatures of both the charterer and the charterer.
20. In the case of loading cargo to be transported onto various vehicles, a number of work orders are drawn up that corresponds to the number of vehicles used.
21. The execution of a bill of lading or work order in the case of transportation of goods for personal, family, household or other needs not related to business activities is carried out by the carrier (charterer) in agreement with the shipper (charterer), unless otherwise provided by agreement of the parties.
III. Providing vehicles and containers, presenting and accepting cargo for transportation, loading cargo into vehicles and containers
22. The carrier, within the period established by the contract for the carriage of goods (freight agreement), provides the shipper with a serviceable vehicle for loading in a condition suitable for transporting the corresponding cargo, and the shipper presents the cargo to the carrier within the established time frame.
23. Vehicles and containers that comply with the purpose, type and carrying capacity established by the contract for the carriage of goods (freight agreement), as well as equipped with the appropriate equipment, are considered suitable for the carriage of cargo.
24. Delivery of a vehicle and container unsuitable for the carriage of goods stipulated by the contract for the carriage of goods (freight agreement) is equivalent to failure to supply the vehicle.
25. Lateness is the delivery of a vehicle to the loading point with a delay of more than 2 hours from the time established in the order (application) or work order agreed upon by the carrier, unless otherwise established by agreement of the parties. When submitting a vehicle for loading, the shipper (charterer) notes in the waybill (work order) in the presence of the carrier (driver) the actual date and time of submitting the vehicle for loading,
as well as the condition of the cargo, containers, packaging, marking and sealing, cargo weight and number of cargo pieces.
26. Upon completion of loading, the carrier (driver) signs the bill of lading and, if necessary, indicates in paragraph 12 of the bill of lading his comments and reservations when accepting the cargo.
27. The charterer (driver), when submitting a vehicle for the carriage of goods, signs the work order and, if necessary, indicates in paragraph 11 of the work order his comments and reservations when submitting the vehicle for the carriage of goods.
28. Changes in the conditions of cargo transportation, including changes in the cargo delivery address (redirection), along the route are noted by the carrier (driver) in the waybill.
29. The shipper (charterer) has the right to refuse to fulfill the contract for the carriage of goods (chartering contract) in the event of:
a) provision by the carrier of a vehicle and container unsuitable for the carriage of the relevant cargo;
b) delivery of vehicles and containers to the loading point late;
c) failure by the driver of the vehicle to present to the shipper (charterer) an identification document and a waybill at the loading point.
30. The condition of the cargo when presented for transportation is recognized as meeting the established requirements if:
a) the cargo is prepared, packaged and packaged in accordance with standards, technical specifications and other regulatory documents for cargo, packaging, packaging and container;
b) when transporting cargo in containers or packaging, the cargo is marked in accordance with established requirements;
c) the weight of the cargo corresponds to the weight indicated in the waybill.
31. When presenting cargo in containers or packaging for transportation, the shipper shall mark each piece of cargo. Marking of cargo packages consists of basic, additional and informational inscriptions, as well as handling signs.
32. The main markings include:
a) full or abbreviated name of the consignor and consignee;
b) the number of packages in the shipment and their numbers;
c) addresses of loading and unloading points.
33. Additional markings include machine-readable markings using linear bar code symbols, two-dimensional symbols, radio frequency tags, including symbols for automatic identification and collection of cargo data.
34. Information markings include:
a) weight of the cargo package (gross and net) in kilograms (tons);
b) linear dimensions of the cargo space, if one of the parameters exceeds 1 meter.
35. Handling signs are conventional signs applied to containers or packaging to characterize the methods of handling cargo during transportation, storage, transportation, and determine the methods of handling the cargo package during loading and unloading, transportation and storage of cargo.
36. By agreement of the parties, marking of packages may be carried out by the carrier (freighter).
37. Markings and handling marks are applied in accordance with the standards and technical specifications for cargo, containers and packaging. Marking is carried out by applying markings directly to the package or by gluing labels.
38. If the terms for loading cargo into vehicles and containers, as well as unloading cargo from them, are not established in the contract for the carriage of goods, loading and unloading of cargo is carried out within the time limits in accordance with Appendix No.
39. The time frame for loading and unloading cargo does not include the time required to carry out work to prepare the cargo for transportation.
40. Loading of cargo into a vehicle and container, as well as unloading of cargo from them, is carried out taking into account the list of works in accordance with Appendix No.
41. If loading of cargo into a container and unloading of cargo from it is carried out by removing the container from the vehicle, the delivery of an empty container to the shipper or a loaded container to the consignee is drawn up with an accompanying statement in accordance with Appendix No. (hereinafter referred to as the accompanying statement).
42. When delivering an empty container to the shipper or a loaded container to the consignee, the carrier fills out paragraphs 1 - 4, 6 - 10 (as far as the carrier is concerned) of the accompanying statement, and also in the column “Copy No.” indicates the serial number of the copy (original) of the accompanying statement, and in the line "Accompanying statement No. " - the serial number of the carrier's accounting of accompanying statements.
43. When submitting a vehicle for loading, the consignor notes in the accompanying sheet in the presence of the carrier (driver) the actual date and time of submission (departure) of the vehicle for loading, the condition of the container and its sealing after loading onto the vehicle, and also fills out paragraph 10 of the accompanying sheet (as regards the shipper).
44. If necessary, the shipper indicates in paragraph 5 of the accompanying statement the information necessary to fulfill the phytosanitary, sanitary, quarantine, customs and other requirements established by the legislation of the Russian Federation, as well as recommendations on the deadlines and temperature conditions for transportation and information on locking and sealing devices container.
45. When submitting a vehicle for unloading, the consignee notes in the accompanying statement in the presence of the carrier (driver) the actual date and time of presentation (departure) of the vehicle for unloading, the condition of the container and its sealing when unloading from the vehicle, and also fills out paragraph 10 of the accompanying statement (in terms of the consignee).
46. The accompanying statement is drawn up in 3 copies (originals) - for the consignee, consignor and carrier.
Any corrections in the accompanying statement are certified by the signatures of the consignor or consignee and the carrier.
47. The time for delivering a container to loading and unloading points is calculated from the moment the driver presents the accompanying sheet to the consignor at the loading point, and to the consignee at the unloading point.
48. Unless otherwise established by the contract for the carriage of goods (chartering agreement), the shipper (charterer) ensures the provision and installation on the vehicle of the devices necessary for loading, unloading and transportation of cargo, and the consignee (charterer) ensures their removal from the vehicle.
49. All equipment belonging to the shipper (charterer) is returned by the carrier (charterer) to the shipper (charterer) in accordance with its instructions in paragraph 5 of the waybill and at the expense of the shipper (charterer), and in the absence of such instructions, they are issued to the consignee along with the cargo at the destination .
50. Loading of cargo into a vehicle and container is carried out by the shipper (charterer), and unloading from the vehicle and container is carried out by the consignee, unless otherwise provided by agreement of the parties.
51. Loading of cargo into a vehicle and container is carried out in such a way as to ensure the safety of cargo transportation and its safety, as well as to prevent damage to the vehicle and container.
52. Cargo items loaded by mechanized means, as a rule, must have loops, eyes, protrusions or other special devices for gripping by lifting machines and devices.
The choice of means of securing cargo in the vehicle body (belts, chains, cables, wooden blocks, stops, anti-slip mats, etc.) is carried out taking into account traffic safety, the safety of the transported cargo and the vehicle.
Securing cargo with nails, staples or other methods that damage the vehicle is not permitted.
IV. Determination of cargo weight, sealing of vehicles and containers
53. When transporting cargo in containers or packaging, as well as piece cargo, their weight is determined by the shipper, indicating in the waybill the number of cargo items, net (gross) weight of cargo items in kilograms, dimensions (height, width and length) in meters, volume of cargo places in cubic meters.
54. The weight of the cargo is determined in the following ways:
a) weighing;
b) calculation based on geometric measurement data according to the volume of the loaded cargo and (or) technical documentation for it.
55. An entry in the waybill about the weight of the cargo, indicating the method of determining it, is carried out by the shipper, unless otherwise established by the contract for the carriage of goods. At the request of the carrier, the weight of the cargo is determined by the shipper in the presence of the carrier, and if the point of departure is the carrier's terminal, by the carrier in the presence of the shipper. When transporting cargo in a covered vehicle and container sealed by the shipper, the weight of the cargo is determined by the shipper.
56. Upon completion of loading, the bodies of covered vehicles and containers intended for one consignee must be sealed, unless otherwise provided by the contract for the carriage of goods. Sealing of the bodies of vehicles and containers is carried out by the shipper, unless otherwise provided by the contract for the carriage of goods.
57. The seal imprint must have control marks (abbreviated name of the owner of the seal, trademarks or vice number) or a unique number.
Information about the sealing of the cargo (type and shape of the seal) is indicated in the waybill.
58. Seals attached to the bodies of vehicles, vans, tanks or containers, their sections and individual cargo items must not allow access to the cargo and removal of the seals without violating their integrity.
59. Seals are hung:
a) for vans or their sections - one seal on the doors;
b) containers have one seal on the doors;
c) for tanks - on the hatch cover and the drain hole, one seal each, except for cases when, by agreement of the parties, a different sealing procedure is provided;
d) at the cargo item - from one to four seals at the joining points of edging strips or other binding materials.
60. Sealing of the body of a vehicle covered with a tarpaulin is carried out only if the connection of the tarpaulin to the body makes it impossible to access the cargo.
61. The seal must be hung on the wire and compressed with a vice so that the prints on both sides are readable and the wire cannot be removed from the seal. After compression with a vice, each seal must be carefully inspected and, if a defect is found, replaced with another.
Transportation with unclear imprints of the established control marks on the seals, as well as with incorrectly hung seals, is prohibited.
62. Sealing of certain types of cargo can be carried out by bandaging them, if this is provided for in the contract for the carriage of goods.
Paper tape, braid and other materials used for wrapping cargo should not have knots or extensions. When bandaging, each place where the packaging material used is fastened together must be marked with the shipper's stamp.
Banding should prevent access to the cargo without compromising the integrity of the packaging material used.
V. Delivery times, delivery of cargo. Cleaning of vehicles and containers
63. The carrier delivers and releases the cargo to the consignee at the address indicated by the consignor in the bill of lading, and the consignee accepts the cargo delivered to him. The carrier delivers the cargo within the period established by the contract for the carriage of goods. If the terms of the cargo transportation contract are not specified, the cargo is delivered:
a) in urban and suburban traffic - within 24 hours;
b) in intercity or international traffic - at the rate of one day for every 300 km of transportation distance.
64. The carrier informs the shipper and consignee about the delay in delivery of cargo. Unless otherwise established by the contract for the carriage of goods, the consignor and consignee have the right to consider the cargo lost and demand compensation for damages for the lost cargo if it was not released to the consignee at his request:
a) within 10 days from the date of acceptance of the cargo for transportation - for transportation in urban and suburban communications;
b) within 30 days from the day when the cargo should have been delivered to the consignee - when transported in intercity traffic.
65. The consignee has the right to refuse to accept the cargo and demand compensation from the carrier in the event of damage (damage) to the cargo during transportation through the fault of the carrier, if the use of the cargo for its intended purpose is impossible.
66. If the consignee refuses to accept the cargo for reasons beyond the control of the carrier, the latter has the right to deliver the cargo to the new address specified by the shipper (cargo redirection), and if it is impossible to deliver the cargo to the new address, return the cargo to the shipper with appropriate prior notification. The costs of transporting cargo when it is returned or re-addressed are reimbursed by the shipper.
67. Cargo redirection is carried out in the following order:
a) the driver, using communication means, informs the carrier about the date, time and reasons for the consignee’s refusal to accept the cargo;
b) the carrier notifies the shipper in writing or using communication means about the refusal and the reasons for the consignee’s refusal to accept the cargo and requests instructions on redirecting the cargo;
c) if redirection is not received from the shipper within 2 hours from the moment of his notification about the impossibility of delivering the goods, the carrier notifies the shipper in writing about the return of the goods and instructs the driver to return the goods to the shipper;
d) upon receipt from the shipper of an instruction to redirect the cargo before its delivery to the consignee indicated in the consignment note, the carrier, using communication means, informs the driver about the redirection.
68. When submitting a vehicle for unloading, the consignee notes in the consignment note in the presence of the carrier (driver) the actual date and time of submitting the vehicle for unloading, as well as the condition of the cargo, containers, packaging, marking and sealing, the weight of the cargo and the number of cargo pieces.
69. Upon completion of use of the vehicle, the charterer notes in the work order in the presence of the charterer (driver) the actual date and time of completion of use of the vehicle.
70. Checking the weight of the cargo and the number of packages, as well as issuing the cargo to the consignee are carried out in the manner prescribed by Article 15 of the Federal Law.
71. After unloading cargo, vehicles and containers must be cleared of the remnants of these cargoes, and after transporting goods according to the list in accordance with Appendix No., vehicles and containers must be washed and, if necessary, disinfected.
72. The responsibility for cleaning, washing and disinfecting vehicles and containers lies with the consignees. The carrier, in agreement with the consignee, has the right to undertake, for a fee, the work of washing and disinfecting vehicles and containers.
VI. Features of transportation of certain types of cargo
73. When transporting cargo in bulk, bulk, liquid or in containers, its weight is determined by the shipper and, when the cargo is accepted by the carrier, is indicated by the shipper in the waybill.
74. When transporting homogeneous piece cargo on a vehicle, separate markings (except for the gross and net mass of the cargo) are not applied, with the exception of small consignments.
When transporting homogeneous piece goods in containers to one consignee in the amount of 5 or more packages, marking of at least 4 packages is allowed.
When transporting cargo in bulk, loose or liquid, it is not marked.
75. The placement of divisible cargo on a vehicle is carried out in such a way that the total weight of the vehicle with such cargo does not exceed the permissible weight of the vehicle provided for in Appendix No. to these Rules, the load on the axle of the vehicle with such cargo does not exceed the permissible load on the axle of the vehicle , provided for in Appendix No. to these Rules, and the dimensions of the vehicle with such cargo did not exceed the maximum permissible dimensions of the vehicle provided for in Appendix No. to these Rules.
76. When transporting cargo in bulk, loose or liquid, cargo sealed by the shipper, perishable and dangerous cargo, as well as part of the cargo transported under one consignment note, declaring the value of the cargo is not allowed.
77. Perishable cargo is transported in compliance with the temperature regime determined by the conditions of its transportation, ensuring the safety of its consumer properties, indicated by the shipper in column 5 of the waybill.
78. The amount of natural loss of cargo transported in bulk, in bulk or in bulk under several waybills from one consignor to one consignee is determined for the entire consignment of simultaneously issued cargo in accordance with the norms of natural loss determined in the prescribed manner.
VII. The procedure for drawing up acts and filing claims
79. The act is drawn up in the following cases:
a) non-removal due to the fault of the carrier of the cargo provided for in the contract for the carriage of goods;
b) failure to provide a vehicle and container for loading;
c) loss or shortage of cargo, damage (damage) to cargo;
d) failure to present for transportation the cargo provided for in the contract for the carriage of goods;
e) refusal to use a vehicle provided on the basis of a charter agreement;
f) delay in delivery of goods;
g) delay (downtime) of vehicles provided for loading and unloading;
h) delay (downtime) of containers owned by the carrier and provided for loading.
80. The act is drawn up by the interested party on the day the circumstances are discovered that are subject to the act. If it is impossible to draw up a report within the specified period, it will be drawn up within the next 24 hours. In the event that carriers, charterers, shippers, consignees and charterers evade drawing up an act, the relevant party has the right to draw up an act without the participation of the evading party, having previously notified it in writing about the drawing up of the act, unless another form of notification is provided for by the contract for the carriage of goods or the charter agreement.
81. Marks in the waybill and work order regarding the preparation of the act are carried out by officials authorized to draw up the acts.
82. The act contains:
a) the date and place of drawing up the act;
b) last names, first names, patronymics and positions of persons participating in the preparation of the act;
c) a brief description of the circumstances that served as the basis for drawing up the act;
d) in case of loss or shortage of cargo, damage (damage) to cargo - their description and actual size;
e) signatures of the parties involved in drawing up the act.
83. In the case specified in subparagraph “d” of paragraph of these Rules, the results of the examination to determine the amount of actual shortage and damage (spoilage) of the cargo are attached to the report, and the specified report must be drawn up in the presence of the driver.
84. In case of refusal to sign the person participating in the preparation of the act, the act shall indicate the reason for the refusal.
85. The act is drawn up in the number of copies corresponding to the number of persons participating in its preparation, but not less than 2 copies. Corrections in the drawn up act are not allowed.
86. In the waybill, work order, waybill and accompanying statement, a note must be made on the preparation of the act, containing a brief description of the circumstances that served as the basis for its affixing, and the amount of the fine.
In relation to specialized vehicles according to the list according to Appendix No., the amount of the fine for delay (downtime) of a vehicle is established in accordance with Part 5 of Article 35 of the Federal Law.
87. Claims are presented to carriers (charterers) at their location in writing within the limitation period established by Article 42 of the Federal Law.
88. The claim contains:
a) date and place of compilation;
b) full name (last name, first name and patronymic), address of the location (place of residence) of the person filing the claim;
c) full name (last name, first name and patronymic), address of the location (place of residence) of the person against whom the claim is being made;
d) a brief description of the circumstances that served as the basis for filing the claim;
e) justification, calculation and amount of the claim for each claim;
f) a list of attached documents confirming the circumstances stated in the claim (act and waybill, work order with notes, etc.);
g) last name, first name and patronymic, position of the person who signed the claim, his signature.
89. The claim is drawn up in 2 copies, one of which is sent to the carrier (charterer), and the other remains with the person filing the claim.
Appendix No. 1
to the Rules for Cargo Transportation
by road transport
(as amended by the resolution
Government of the Russian Federation
dated December 27, 2014 No. 1590)
Permissible vehicle weight
| Type of vehicle or combination of vehicles, number and arrangement of axles | Permissible vehicle weight, tons |
| Single cars |
|
| biaxial | |
| triaxial | |
| four-axle | |
| five-axis and more | |
| Road trains, saddle and trailed |
|
| triaxial | |
| four-axle | |
| five-axis | |
| six-axis and more | |
Appendix No. 2
to the Rules for Cargo Transportation
by road transport
| Location of vehicle axles | Distance between adjacent axes (meters) | Permissible load on the axle of a wheeled vehicle depending on the standard (calculated) load on the axle (tons) and the number of wheels on the axle, (tons) |
||||||
| for highways designed for a load of 6 tons per axle | for highways designed for a load of 10 tons per axle | for highways designed for an axle load of 11.5 tons per axle |
||||||
| Single axle (weight per axle) | over 2.5 | 5,5 (6) | 9 (10) | 10,5 (11,5) |
||||
| Biaxial group (the sum of the masses of the axles included in a group of 2 closely spaced axles) | up to 1 (inclusive) | 8 (9) | 10 (11) | 11,5 (12,5) |
||||
| 9 (10) | 13 (14) | 14 (16) |
||||||
| 10 (11) | 15 (16) | 17 (18) |
||||||
| 11 (12) | 17 (18) | 18 (20) |
||||||
| Three-axle group (the sum of the masses of the axles included in a group of 3 closely spaced axles) | up to 1 (inclusive) | 11 (12) | 15 (16,5) | up to 1 (inclusive) | 3,5 (4) | 5 (5,5) | 5,5 (6) |
|
| over 1 to 1.3 (inclusive) | 4 (4,5) | 6 (6,5) | 6,5 (7) |
|||||
| over 1.3 to 1.8 (inclusive) | 4,5 (5) | 6,5 (7) | 7,5 (8) |
|||||
| over 1.8 to 2.5 (inclusive) | 5 (5,5) | 7 (7,5) | 8,5 (9) |
|||||
| Close axles of vehicles with 8 or more wheels on each axle (load per axle in a group of axles) | up to 1 (inclusive) | |||||||
| over 1 to 1.3 (inclusive) | 10,5 | |||||||
| over 1.3 to 1.8 (inclusive) | ||||||||
| over 1.8 to 2.5 (inclusive) | 13,5 | |||||||
____________
* If the owner of the highway installs appropriate road signs and posts on its official website information about the permissible axle load of the vehicle for the highway.
** For vehicles with axles and groups of axles with single wheels equipped with pneumatic or equivalent suspension.
*** A group of close axles is grouped axles, structurally combined and (or) not combined into a bogie, with a distance to the nearest axle of up to 2.5 meters (inclusive).
**** Mass per axle, or the sum of the masses of the axles included in the group of axles.
Note.1. Values in parentheses are given for axles with dual wheels, without brackets - for axles with single wheels.
2. Biaxial and triaxial groups, which include axles with single and double wheels, should be considered as groups of axles, which include axles with single wheels.
3. Uneven distribution of load along the axles is allowed for biaxial and triaxial groups, if the actual load on a group of axles does not exceed the permissible load on a group of axles with single or dual wheels and the actual load on the most loaded axle in biaxial and triaxial groups does not exceed the permissible axle load of a single axles with single or double wheels, respectively.
4. If there are different values of interaxle distances in axle groups, each distance between axles is assigned a value obtained by arithmetic averaging (the sum of all interaxle distances in the group is divided by the number of interaxle distances in the group). The center distance, obtained by arithmetic averaging, is assigned to two-axis and three-axle groups to determine the permissible load.
Appendix No. 3
to the Rules for Cargo Transportation
by road transport
Maximum permissible dimensions of vehicles
| All vehicles | 2.55 meters |
| Isothermal vehicle bodies | 2.6 meters |
| All vehicles |
Note.The maximum permissible dimensions of vehicles specified in this annex include the dimensions of swap bodies and cargo containers, including containers.
Appendix No. 4
to the Rules for Cargo Transportation
by road transport
"large vehicle" - a vehicle whose dimensions, with or without cargo, exceed the maximum permissible dimensions of the vehicle in accordance with Appendix No. 3;
“divisible cargo” is cargo that, without loss of consumer properties or risk of damage, can be placed on 2 or more cargo items.
II. Concluding a contract for the carriage of goods, a contract for chartering a vehicle for transporting goods
6. Transportation of cargo is carried out on the basis of a contract for the carriage of cargo, which can be concluded through the carrier’s acceptance of an order for execution, and if there is an agreement on the organization of carriage of cargo, an application from the shipper, except for the cases specified in paragraph 13 of these Rules.
The conclusion of a contract for the carriage of goods is confirmed by a waybill drawn up by the shipper (unless otherwise provided by the contract for the carriage of goods) in the form according to Appendix No. 4 (hereinafter referred to as the waybill).
7. The order (application) is submitted by the shipper to the carrier, who is obliged to review the order (application) and, within 3 days from the date of its acceptance, inform the shipper about acceptance or refusal to accept the order (application) with a written justification of the reasons for the refusal and return the order (application ).
When considering an order (application), the carrier, in agreement with the shipper, determines the conditions for transporting the goods and fills out paragraphs 8-11, , and (as far as the carrier is concerned) of the bill of lading. When transporting dangerous goods, as well as when transporting a heavy and (or) large vehicle, the carrier indicates in paragraph 13 of the waybill, if necessary, information about the number, date and validity period of the special permit, as well as the route of such transportation.
8. Before concluding a contract for the carriage of goods, the carrier, at the request of the shipper, submits a document (price list) containing information about the cost of the carrier’s services and the procedure for calculating freight charges.
9. The consignment note, unless otherwise provided by the contract for the carriage of goods, is drawn up for one or several consignments of cargo transported on one vehicle, in 3 copies (originals), respectively, for the shipper, consignee and carrier.
The consignment note is signed by the shipper and the carrier or their authorized representatives.
Any corrections are certified by the signatures of both the shipper and the carrier or their authorized representatives.
10. In the case of loading cargo to be transported onto various vehicles, a number of waybills are drawn up that corresponds to the number of vehicles used.
11. In the absence of all or any individual entries in the “Conditions of Transportation” section of the waybill, the conditions for the transportation of goods provided for by the Federal Law “Charter of Motor Transport and Urban Ground Electric Transport” (hereinafter referred to as the Federal Law) and these Rules are applied.
The absence of an entry is confirmed by a dash in the corresponding column when filling out the delivery note.
12. When the shipper declares the value of the cargo, the cargo is accepted for transportation in the manner established by these Rules, indicating its value in paragraph 5 of the waybill. The declared value must not exceed the actual value of the cargo.
13. Transportation of cargo accompanied by a representative of the cargo owner, transportation of cargo for which no records are kept of the movement of inventory items, is carried out by a vehicle provided on the basis of a vehicle charter agreement for the carriage of cargo (hereinafter referred to as the charter agreement), concluded, unless otherwise provided for by agreement of the parties, in the form of a work order for the provision of a vehicle in the form in accordance with Appendix No. 5 (hereinafter referred to as the work order).
14. The work order is submitted by the charterer to the charterer, who is obliged to review the work order and, within 3 days from the date of its acceptance, inform the charterer about the acceptance or refusal to accept the work order with a written justification of the reasons for the refusal and return the work order.
When reviewing the work order, the charterer, in agreement with the charterer, determines the conditions for chartering the vehicle and fills out paragraphs 2, 8-10, 12-14 (in the part of the charterer) of the work order.
16. Changes in the conditions of chartering along the route are noted by the charterer (driver) in column 11 “Reservations and comments of the charterer” of the work order.
17. In the absence of all or any individual entries in the purchase order relating to the conditions of chartering, the conditions provided for by the Federal Law and these Rules apply.
The absence of an entry is confirmed by a dash in the corresponding column of the work order.
18. The purchase order is drawn up in 3 copies (originals), signed by the charterer and the charterer. The first copy of the work order remains with the charterer, the second and third copies are handed over to the charterer (driver). The third copy of the work order with the necessary notes is attached to the invoice for chartering a vehicle for the carriage of goods and is sent to the charterer.
19. Any corrections in the purchase order are certified by the signatures of both the charterer and the charterer.
20. In the case of loading cargo to be transported onto various vehicles, a number of work orders are drawn up that corresponds to the number of vehicles used.
21. The execution of a bill of lading or work order in the case of transportation of goods for personal, family, household or other needs not related to business activities is carried out by the carrier (charterer) in agreement with the shipper (charterer), unless otherwise provided by agreement of the parties.
III. Providing vehicles and containers, presenting and accepting cargo for transportation, loading cargo into vehicles and containers
22. The carrier, within the period established by the contract for the carriage of goods (freight agreement), provides the shipper with a serviceable vehicle for loading in a condition suitable for transporting the corresponding cargo, and the shipper presents the cargo to the carrier within the established time frame.
23. Vehicles and containers that comply with the purpose, type and carrying capacity established by the contract for the carriage of goods (freight agreement), as well as equipped with the appropriate equipment, are considered suitable for the carriage of cargo.
24. Delivery of a vehicle and container unsuitable for the carriage of goods stipulated by the contract for the carriage of goods (freight agreement) is equivalent to failure to supply the vehicle.
25. Lateness is the delivery of a vehicle to the loading point with a delay of more than 2 hours from the time established in the order (application) or work order agreed upon by the carrier, unless otherwise established by agreement of the parties. When submitting a vehicle for loading, the shipper (charterer) notes in the waybill (work order) in the presence of the carrier (driver) the actual date and time of submission of the vehicle for loading, as well as the condition of the cargo, containers, packaging, marking and sealing, weight of the cargo and the number of cargo pieces.
26. Upon completion of loading, the carrier (driver) signs the bill of lading and, if necessary, indicates in paragraph 12 of the bill of lading his comments and reservations when accepting the cargo.
27. The charterer (driver), when submitting a vehicle for the carriage of goods, signs the work order and, if necessary, indicates in paragraph 11 of the work order his comments and reservations when submitting the vehicle for the carriage of goods.
28. Changes in the conditions of cargo transportation, including changes in the cargo delivery address (redirection), along the route are noted by the carrier (driver) in the waybill.
29. The shipper (charterer) has the right to refuse to fulfill the contract for the carriage of goods (chartering contract) in the event of:
a) provision by the carrier of a vehicle and container unsuitable for the carriage of the relevant cargo;
b) delivery of vehicles and containers to the loading point late;
c) failure by the driver of the vehicle to present to the shipper (charterer) an identification document and a waybill at the loading point.
30. The condition of the cargo when presented for transportation is recognized as meeting the established requirements if:
a) the cargo is prepared, packaged and packaged in accordance with standards, technical specifications and other regulatory documents for cargo, packaging, packaging and container;
b) when transporting cargo in containers or packaging, the cargo is marked in accordance with established requirements;
c) the weight of the cargo corresponds to the weight indicated in the waybill.
31. When presenting cargo in containers or packaging for transportation, the shipper shall mark each piece of cargo. Marking of cargo packages consists of basic, additional and informational inscriptions, as well as handling signs.
32. The main markings include:
a) full or abbreviated name of the consignor and consignee;
b) the number of packages in the shipment and their numbers;
c) addresses of loading and unloading points.
33. Additional markings include machine-readable markings using linear bar code symbols, two-dimensional symbols, radio frequency tags, including symbols for automatic identification and collection of cargo data.
34. Information markings include:
a) weight of the cargo package (gross and net) in kilograms (tons);
b) linear dimensions of the cargo space, if one of the parameters exceeds 1 meter.
35. Handling signs are conventional signs applied to containers or packaging to characterize the methods of handling cargo during transportation, storage, transportation, and determine the methods of handling the cargo package during loading and unloading, transportation and storage of cargo.
36. By agreement of the parties, marking of packages may be carried out by the carrier (freighter).
37. Markings and handling marks are applied in accordance with the standards and technical specifications for cargo, containers and packaging. Marking is carried out by applying markings directly to the package or by gluing labels.
38. If the terms for loading cargo into vehicles and containers, as well as unloading cargo from them, are not established in the contract for the carriage of goods, loading and unloading of cargo is carried out within the time limits in accordance with Appendix No. 6.
39. The time frame for loading and unloading cargo does not include the time required to carry out work to prepare the cargo for transportation.
40. Loading of cargo into a vehicle and container, as well as unloading of cargo from them, is carried out taking into account the list of works in accordance with Appendix No. 7.
41. If loading of cargo into a container and unloading of cargo from it is carried out by removing the container from the vehicle, the delivery of an empty container to the shipper or a loaded container to the consignee is drawn up with an accompanying statement in accordance with Appendix No. 8 (hereinafter referred to as the accompanying statement).
42. When delivering an empty container to the shipper or a loaded container to the consignee, the carrier fills out paragraphs 1-4, 6-10 (in the carrier’s part) of the accompanying statement, and also in the column “Copy N” indicates the serial number of the copy (original) of the accompanying statement, and in the line "Accompanying sheet N" - the serial number of the carrier's accounting of accompanying sheets.
43. When submitting a vehicle for loading, the consignor notes in the accompanying sheet in the presence of the carrier (driver) the actual date and time of submission (departure) of the vehicle for loading, the condition of the container and its sealing after loading onto the vehicle, and also fills out paragraph 10 of the accompanying sheet (as regards the shipper).
44. If necessary, the shipper indicates in paragraph 5 of the accompanying statement the information necessary to fulfill the phytosanitary, sanitary, quarantine, customs and other requirements established by the legislation of the Russian Federation, as well as recommendations on the deadlines and temperature conditions for transportation and information on locking and sealing devices container.
45. When submitting a vehicle for unloading, the consignee notes in the accompanying statement in the presence of the carrier (driver) the actual date and time of presentation (departure) of the vehicle for unloading, the condition of the container and its sealing when unloading from the vehicle, and also fills out paragraph 10 of the accompanying statement (in terms of the consignee).
46. The accompanying statement is drawn up in 3 copies (originals) - for the consignee, consignor and carrier.
Any corrections in the accompanying statement are certified by the signatures of the consignor or consignee and the carrier.
47. The time for delivering a container to loading and unloading points is calculated from the moment the driver presents the accompanying sheet to the consignor at the loading point, and to the consignee at the unloading point.
48. Unless otherwise established by the contract for the carriage of goods (chartering agreement), the shipper (charterer) ensures the provision and installation on the vehicle of the devices necessary for loading, unloading and transportation of cargo, and the consignee (charterer) ensures their removal from the vehicle.
49. All equipment belonging to the shipper (charterer) is returned by the carrier (charterer) to the shipper (charterer) in accordance with its instructions in paragraph 5 of the waybill and at the expense of the shipper (charterer), and in the absence of such instructions, they are issued to the consignee along with the cargo at the destination .
50. Loading of cargo into a vehicle and container is carried out by the shipper (charterer), and unloading from the vehicle and container is carried out by the consignee, unless otherwise provided by agreement of the parties.
51. Loading of cargo into a vehicle and container is carried out in such a way as to ensure the safety of cargo transportation and its safety, as well as to prevent damage to the vehicle and container.
52. Cargo items loaded by mechanized means, as a rule, must have loops, eyes, protrusions or other special devices for gripping by lifting machines and devices.
The choice of means of securing cargo in the vehicle body (belts, chains, cables, wooden blocks, stops, anti-slip mats, etc.) is carried out taking into account traffic safety, the safety of the transported cargo and the vehicle.
Securing cargo with nails, staples or other methods that damage the vehicle is not permitted.
IV. Determination of cargo weight, sealing of vehicles and containers
53. When transporting cargo in containers or packaging, as well as piece cargo, their weight is determined by the shipper, indicating in the waybill the number of cargo items, net (gross) weight of cargo items in kilograms, dimensions (height, width and length) in meters, volume of cargo places in cubic meters.
54. The weight of the cargo is determined in the following ways:
for highways designed for a load of 10 tons per axle
for highways designed for an axle load of 11.5 tons per axle
Single axle (weight per axle)
Biaxial group (the sum of the masses of the axles included in a group of 2 closely spaced axles***)
up to 1 (inclusive)
over 1 to 1.3 (inclusive)
Three-axle group (the sum of the masses of the axles included in a group of 3 closely spaced axles***)
up to 1 (inclusive)
over 1 to 1.3 (inclusive)
over 1.3 to 1.8 (inclusive)
over 1.8 to 2.5 (inclusive)
Close axles of vehicles with no more than 4 wheels on each axle (load per axle in a group of 4 axles or more***)
up to 1 (inclusive)
over 1 to 1.3 (inclusive)
over 1.3 to 1.8 (inclusive)
over 1.8 to 2.5 (inclusive)
Close axles of vehicles with 8 or more wheels on each axle (load per axle in a group of axles)
up to 1 (inclusive)
over 1 to 1.3 (inclusive)
over 1.3 to 1.8 (inclusive)
over 1.8 to 2.5 (inclusive)
Maximum permissible dimensions of vehicles
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Single vehicle |
12 meters |
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12 meters |
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Road train |
20 meters |
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The length of the cargo protruding beyond the rear point of the vehicle dimensions must not exceed |
its condition and other necessary information about the cargo) (number of packages, labeling, type of container and packaging method) _________________________________________________________________________________________________________ (net (gross) weight of packages in kilograms, dimensions (height, width and length) in meters, volume of cargo packages in cubic meters) _________________________________________________________________________________________________________ (in case of transportation of dangerous goods - information on each dangerous substance, material or product in accordance with paragraph 5.4.1 of ADR) |
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4. Accompanying documents for the cargo |
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_________________________________________________________________________________________________________ (list of documents attached to the waybill, provided for by ADR, sanitary, customs, quarantine, and other rules in accordance with the legislation of the Russian Federation, or registration numbers of these documents, if such documents (information about such documents) are contained in state information systems) _________________________________________________________________________________________________________ (list of certificates, quality passports, certificates, permits, instructions, titles of title and other documents attached to the cargo, the availability of which is established by the legislation of the Russian Federation, or registration numbers of these documents, if such documents (information about such documents) are contained in state information systems) |
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5. Shipper's instructions |
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_________________________________________________________________________________________________________ (vehicle parameters necessary for cargo transportation (type, brand, load capacity, capacity, etc.)) _________________________________________________________________________________________________________ (instructions necessary to fulfill phytosanitary, sanitary, quarantine, customs and other requirements established by the legislation of the Russian Federation) _________________________________________________________________________________________________________ (recommendations on deadlines and temperature conditions for transportation, information on locking and sealing devices (if provided by the shipper), declared value (value) of the cargo, prohibition of cargo transshipment) |
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6. Reception of cargo |
7. Delivery of cargo |
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Scroll Alabaster (gypsum) in pieces and ground Barite (heavy spar) Mineral wool Vegetable marc Drywall (gypsum marl) Alumina Mineral mud for baths Feed yeast (hydrolysis sulfate) Potato and beet pulp Asbestos cardboard Coagulants Compound feed Apatite concentrate Nepheline concentrate Dry paints and dyes Cereals (if consumer packaging is damaged) Vitamin flour from woody greens Dolomite flour Feed flour Food flour Pine-vitamin flour Non-ferrous metal sawdust Pegmatite Asphalt powder Lime powder Magnesite metallurgical powder Fireclay powder Cigarettes (cigarettes) (if the consumer packaging is damaged) Food and technical table salt Powdered detergents Technical and construction glass (if broken) Shavings of non-ferrous metals and their alloys Sulfates, other than hazardous ones Raw materials of tobacco and shag Tobacco (leaves and roots, snuff, processed) Talc ground and in pieces (talc stone) Glass container (if broken) Peat and peat products Organic and complex fertilizers Chemical and mineral fertilizers Dried minced meat (in bags) Ferroalloys Fireclay lumpy Feed meal Dangerous goods (in cases established by ADR) Perishable goods Animals and birds Appendix No. 10 Scroll With changes and additions from:1. Vehicles with a box body: refrigerated vans; vans with body heating. 2. Vehicles - tanks: tanks for transporting loose, powdery, dusty construction materials, including cement tankers; tanks for transportation of bulk food products: flour, grain, mixed feed, bran; tanks for transporting food liquids. 3. Vehicles for transporting construction materials: vehicles - panel carriers; vehicles - farm trucks; vehicles - concrete mixers; vehicles with a tipper body. 4. Vehicles for transporting animals. 5. Vehicles for transporting cars. 6. Vehicles - container ships. 7. Vehicles with a removable body. 8. Vehicles - garbage trucks. 9. Vehicles intended for the transport of dangerous goods in accordance with ADR (MEMU, EX/II, EX/III, FL, OX, AT) | |||||
The rules for the transportation of goods by motor transport specify and supplement the provisions of the Charter of the Transport Agency. The main points of the Rules can be used when drawing up contracts with cargo owners, as they are based on extensive practical experience in transportation. Sections of the Rules contain the main responsibilities and rights of participants in the transport process (carrier, consignor and consignee). In this regard, the following sections of the Rules should be considered in more detail.
Rules for concluding contracts for the carriage of goods. In accordance with the Civil Code of the Russian Federation, a contract for the carriage of goods is an agreement under which the carrier undertakes to deliver cargo received from the sender (consignor) to the destination to the person authorized to receive the cargo (consignee), and the consignor undertakes to pay a set fee for transportation.
Transportation contracts are divided into long-term (regular transportation) and short-term (one-time orders).
Long-term contracts are most often concluded with the shipper for a period of one year (annual contract) and, if necessary, can be extended for the next year. Long-term contracts are concluded with the consignee for the removal of goods from transport hubs and delivery of products to procurement or processing enterprises. When concluding an agreement with the consignee, as well as when accepting a one-time order from him, the consignee enjoys the rights, performs the duties and bears the responsibilities provided for the consignor.
A long-term contract for the carriage of goods must contain:
volume of transportation and range of cargo;
transportation conditions (operating modes, ensuring the safety of cargo, conditions for loading and unloading operations, etc.);
payment procedure for transportation;
routes and cargo flow patterns.
A one-time order must comply with the established form and contain the name and address of the shipper, the time of arrival of the PS to the customer, the exact addresses of loading and unloading places, the name and quantity of cargo, the number of cargo items, information about the person responsible for the use of the allocated PS, the conditions for performing loading and unloading works and payment procedure for transportation. The fact of concluding a contract for a one-time order is confirmed by the receipt by the shipper of the waybill.
Rules for accepting goods for transportation. To carry out transportation, the cargo owner provides the ATO with an application if there is a long-term agreement, and if there is no such agreement, a one-time order.
If the cargo owner does not order a specific model of the vehicle, the type and number of vehicles allocated for transportation are determined by the ATO.
The carrier is obliged to provide the shipper with a serviceable PS in a condition suitable for transportation of this type of cargo and meeting sanitary requirements. Upon arrival for loading, the driver presents the shipper with an official identification document and a properly executed waybill.
The shipper is obliged, before the arrival of the substation for loading, to prepare the cargo for transportation and to issue shipping documents, passes for travel to the place of loading, certificates and other documents and accessories necessary for the transportation of this cargo.
If the cargo must be transported accompanied by the cargo owner's forwarder, the shipper is obliged to ensure its arrival before the shipment is submitted for loading.
When presenting goods transported in bulk, loose, in bulk and in containers, the shipper must indicate the weight of these goods in the waybill. Packaged and piece goods are accepted for transportation indicating the weight of the cargo and the number of packages. When presenting cargo with a declared value for transportation, the shipper is obliged to draw up an inventory of cargo packages in triplicate.
The carrier has the right to refuse to accept cargo for transportation in the following cases:
the cargo is presented for transportation in improper containers or packaging that does not ensure its safety;
the presented cargo is not provided for in the application or a one-time order, and in case of intercity transportation - with destination to another point;
the weight of the cargo intended for transportation on one vehicle exceeds the carrying capacity of the vehicle submitted for loading according to the application or order;
the cargo cannot be delivered to its destination due to force majeure.
Rules for sealing cargo. Loaded covered vehicles, containers and tanks sent to one consignee must be sealed by the consignor. In an unsealed PS, individual cargo items are subject to sealing or banding. When bandaging, the cargo package is tied with paper tape or braid, which are fastened at the joints with the seal or stamp of the manufacturer or shipper.
Seals are hung in accordance with the following rules:
on vans and containers there is one seal on all doors. Before sealing, both doors must be fastened with twists made of annealed wire with a diameter of at least 2 mm and a length of 250...260 mm;
on tanks there is one seal on the lid of the filler hatch and the drain hole, unless otherwise provided by the conditions of transportation of certain types of cargo;
on the cargo package there are from one to four seals at the points of connection of edging strips or other binding materials.
Seals should not allow access to cargo and removal of seals without violating their integrity. For sealing, lead or polyethylene seals with a chamber or with two parallel holes and soft wire with a diameter of 0.6 mm can be used. The seals must be hung on a wire pre-twisted into two strands. The wire is twisted at the rate of four turns per centimeter of length.
The fact of sealing the cargo and the control marks of the seal are indicated in the consignment note.
Transportation with unclear imprints on seals, as well as with incorrectly installed seals, is prohibited.
Rules for the release of goods. The cargo is released at the destination specified in the consignment note. The responsibility to notify the consignee of the arrival of the cargo rests with the shipper.
The consignee is obliged:
accept the cargo and unload the PS that arrived before the end of the consignee’s working hours;
accept cargo without fail during international and centralized transportation;
clean the PS and, if necessary, sanitize it.
The consignee may refuse to accept the cargo only if the quality of the cargo, due to spoilage or damage for which the carrier is responsible, has changed so much that it excludes the possibility of full or partial use of the cargo for its intended purpose, about which a report is drawn up.
The carrier issues the goods in the same order in which the goods were accepted for transportation (by recalculating places, weighing or without weighing, measuring, etc.). Cargoes that arrive with intact consignor's seals are issued to the consignee without checking the quantity, weight and condition of the cargo.
With centralized servicing of railway stations, ports and airports, the receipt and delivery of cargo is carried out according to the rules in force for these types of transport.
Rules for forwarding cargo. The cargo owner has the right to redirect the cargo until it is released to the consignee. The shipper's order to the carrier for redirection may be transmitted by fax, e-mail or in another form, but must be in writing and must contain:
number of the first order and delivery note; address and name of the original consignee; address and name of the new consignee. If the consignee refuses to accept the cargo and it is impossible to obtain instructions from the cargo owner about another consignee, the carrier has the right:
hand over the cargo for storage at the nearest place where the cargo is actually located;
transfer the cargo to another organization if the nature of the cargo requires its urgent sale;
return the cargo to the shipper with full reimbursement of transportation services and payment of the prescribed fines.
The new rules for the transportation of goods are interpreted by many as a kind of “system” that opposes the existing chaos. The article highlights the main points of the new rules.
The rules for the carriage of goods by road consist of eight provisions, the first of which reveals their main essence. In addition, the general provisions indicate the points included in the rules, namely:
The procedure for transporting goods in international traffic;
The procedure for transporting cargo of the “dangerous” category within intercity, suburban and urban traffic;
The procedure for transporting cargo of the “perishable” category within intercity, suburban and urban traffic, as well as international transport.
The general provisions also explain the meanings of the accompanying manifest, package, consignment, heavy, bulky and divisible cargo.
The second provision contains information regarding the conclusion of cargo (chartering) contracts for transport intended for cargo services. This provision, included in the rules for the carriage of goods by road, determines the procedure for submitting an application (order) to the carrier, the conditions for filling it out, which confirms the conclusion of a contract for freight transportation. In addition, the provision provides for the provision of information containing the conditions, cost and procedure for payment for cargo services. Particular attention is paid to the transportation of cargo of the “valuable” category and transportation with a person representing the interests of the cargo owner. In the absence of traffic accounting, transportation is carried out by transport provided in accordance with the charter agreement or work order.
The third provision explains the concept of providing containers and other vehicles, accepting cargo for transportation, as well as loading cargo into containers and other vehicles. At the same time, the conditions and terms are explained, and indicators of the suitability of the vehicle for transportation are determined. When accepting the cargo, the carrier has the right to add his own reservations and comments to the points of the waybill. All changes related to the conditions of transportation, including address changes, must also be included in the document. In some cases, the shipper has the right to refuse to comply. Rules for the carriage of goods by road provide for the application of markings and handling inscriptions and signs corresponding to the cargo. The rules establish the procedure for loading cargo and the choice of means of securing it.
The fourth provision, included in the rules for the carriage of goods by road, explains the procedure for determining the cargo weight and sealing the transport.
The fifth provision covers delivery times and the procedure for issuing goods, as well as cleaning used vehicles. In this case, an essential condition is the presence of a consignment note.
The sixth provision explains the features of transporting a particular type of cargo, determining and recording its mass. Rules for the transportation of food products (perishable cargo) are carried out subject to mandatory compliance with certain conditions for each type. At the same time, its complete safety must be ensured.
Finally, the seventh provision explains the procedure and conditions for drawing up claims and drawing up acts. In this case, it is possible to draw up the above documentation without the participation of one of the parties upon written notification. Notes on the preparation of claims or the execution of an act are made by authorized persons. The number of copies compiled must be equal to the number of people involved.
dated November 8, 2007 N 259-FZ “Charter of motor transport and urban ground electric transport” (hereinafter referred to as the Charter of motor transport) and represent regulatory legal acts regulating the procedure for organizing transportation of various types of goods, ensuring the safety of goods and vehicles (hereinafter – vehicles), containers, as well as conditions for the transportation of goods and the provision of vehicles for such transportation.
1.2. In transportation documents, cargo must be named in accordance with the Alphabetical List of Cargoes of the Unified Tariff and Statistical Nomenclature of Cargo (AETSNG), indicating, if necessary, their distinctive features (in solid or liquid state, fresh or dried form, etc.) If there is no such name in the AETSNG , then the cargo must be designated by the name under which it is indicated in national standards, the all-Russian product classifier, ADR (for dangerous goods), the price list or technical specifications for the manufacture of products.
1.3. The conditions for the transportation of goods include: conclusion of contracts for the carriage of goods and chartering of vehicles; bringing into working order the loading and unloading posts and access roads to such posts for shippers and consignees; preparation of goods for transportation (packing of cargo consignments, packaging and labeling of cargo, formation of transport packages, pre-loading of containers, sealing, etc.); preparation by the carrier of vehicles for transporting cargo and delivery to the customer; loading, placing and securing cargo on vehicles and containers; choice of transportation route; transportation, escort and monitoring the safety of cargo during transportation; participation of the carrier in loading and unloading operations and short-term storage of goods; checking the weight of the cargo upon acceptance from the consignor and delivery from the consignee; cleaning, washing and disinfection of vehicles and containers; registration of transport and accompanying documents, waybills, acts and claims in case of shortage and damage (spoilage) of goods.
1.4. The rules apply to carriers, forwarders, charterers and charterers, shippers and consignees, other participants in the transport process involved in the transportation of goods by vehicles, regardless of the organizational forms and forms of ownership of their owners and regulate the relationships, rights, obligations and responsibilities of the parties.
1.5. The rules do not apply to:
road transportation of goods carried out by Russian carriers in international traffic on the territory of other states, as well as for the purpose of ensuring defense capability and law and order, in circumstances of force majeure and in eliminating the consequences of emergency situations;
technological on-farm transportation of goods carried out by self-propelled and wheeled vehicles related to on-farm transport (in-plant, intra-quarry, etc.) and operating without leaving the territory of an economic entity (enterprise, organization) on public roads and roads country network.
1.6. For the purposes of the Rules, the following concepts are used:
road transportation of goods for own needs – non-commercial transportation of goods performed by an individual or legal entity for their own purposes, without making a profit from transportation;
road transportation of goods by public transport – transportation of goods carried out by the carrier for a fee on the basis of a public contract for the carriage of goods at the request of any citizen or legal entity. The list of carriers obliged to carry out transportation recognized as transportation by public transport is published in the prescribed manner;
truck driver – an individual who drives a cargo vehicle and is, if duly authorized, a representative of the carrier;
delivery driver – a driver who has the authority from the carrier to carry out certain transport and forwarding operations when transporting cargo;
customer– a consignor, a consignee using the transport services of a carrier on the basis of a contract for the carriage of goods. The customer also includes the forwarder using the carrier's vehicle; the charterer using the charterer's vehicle;
commercial road transport of goods – road transportation of goods performed for a fee on the basis of a contract for the carriage of goods or on other grounds provided for by the legislation of the Russian Federation;
sending– a consignment of cargo sent under one waybill;
cover car – a car equipped with a yellow or orange flashing light and used to accompany the vehicle in cases where its width with or without load exceeds 3.5 m or length more than 24.0 m;
bulky cargo – cargo that cannot be placed on a vehicle without exceeding the standard dimensional parameters established in the Road Traffic Rules of the Russian Federation (hereinafter referred to as Russian Traffic Regulations);
large vehicle – a vehicle whose overall dimensions, with or without cargo, exceed the values established by Russian traffic regulations. Large-sized vehicles also include road trains, which include two or more trailers;
heavy cargo – a load that, taking into account the mass of the vehicle, exceeds at least one of the standard weight parameters established on the territory of the Russian Federation (weight or axle load of the vehicle) established for highways of the Russian Federation;
heavy vehicle – a vehicle whose mass with or without cargo and (or) axle mass exceeds at least one of the standard weight parameters established for highways of the Russian Federation.
standard dimensional and weight parameters of vehicles – maximum parameter values established by regulatory legal acts for vehicles;
– load under which the possibility of transporting heavy cargo can be determined only after the development of a special project that provides for measures to strengthen engineering structures and ensure transportation safety measures;Duration of delivery of perishable goods – the time the vehicle is on the road from the moment the cargo is loaded until the driver presents the consignment note to the consignee;
small batch shipments – consignments of cargo weighing up to 5.0 tons, but not less than 10 kg, transported by vehicles to one consignee;
regular intercity transportation – transportation carried out in intercity traffic according to established routes, schedules and timetables for the movement of vehicles;
terminal and logistics complexes – transport and forwarding enterprises and organizations that receive, short-term storage, sorting and dispatch of goods in intercity and international traffic and have the necessary territory and warehouses with lifting and other equipment used for loading and unloading, intra-warehouse and other transport and forwarding operations. There are terminals (complexes) created on other modes of transport to organize mixed (combined) cargo transportation;
transit international transportation – transportation of goods in international traffic through the territory of a country without acceptance and delivery of goods on the territory of this country;
cabotage transportation of goods – road transport carried out by foreign carriers between cargo loading and unloading points located on the territory of the Russian Federation;
contract for direct mixed (combined) transportation of goods – an agreement concluded by a multimodal transport operator or other carrier with a cargo owner (or forwarder) for the delivery of goods by two or more modes of transport under a single consignment note;
operator of direct mixed (combined) transportation – a legal entity that carries out the transportation of goods by two or more types of transport for a fee with a guarantee of its safety under the conditions and within the terms stipulated by the contract for direct mixed (combined) transportation of goods and other contractual obligations;
direct mixed (combined) transportation of goods – transportation of goods carried out by two or more types of transport on the basis of a single consignment note drawn up for the entire route of the goods;
centralized delivery/removal of cargo by road – one of the types of centralized transportation of goods, in which a motor carrier or forwarder undertakes the removal of all cargo arriving at the address of the clientele at a large cargo-generating facility, including a terminal, as well as the delivery to this facility of cargo sent by the clientele, with the exception of dangerous and liquid cargo , as well as other goods specified in the contract for the organization of transportation.
2. Rules for concluding contracts and preparing transport documents
2.1. To carry out the transportation of goods, the carrier enters into a contract for the carriage of goods with the customer.
2.2. Under a contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and deliver it to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods.
2.3. The conclusion of a contract for the carriage of goods is confirmed by a waybill drawn up by the shipper.
Cargo for which a consignment note has not been issued will not be accepted by the carrier for transportation, with the exception of non-commercial cargo and cargo accompanied by a representative of the cargo owner.
In the case of export of cargo from railway stations, from ports and airports, transportation of agricultural products to procurement points or processing enterprises, as well as when supplying products under the “free-to-destination warehouse” scheme, a cargo transportation contract can be concluded with the consignee.
2.4. A contract for the carriage of goods can be concluded by the carrier accepting for execution an order for the carriage of goods, and if there is an agreement on the organization of the carriage of goods - an application for the carriage of goods drawn up for the period specified in the agreement on the organization of the carriage of goods.
The execution by the customer and the carrier of an order or application for the transportation of goods means that the conditions for the execution of the transportation comply with the requirements of the Road Transport Charter and the Rules.
Mandatory order and application details include:
a) name, address and bank account number of the customer, applicant;
b) name and address of the shipper and consignee, date and hours of delivery of vehicles for loading and unloading of cargo, means of communication;
c) name, weight and volume of cargo, number of pieces, type of packaging;
d) required type and number of vehicles;
e) the amount of payment for cargo transportation;
f) condition of access roads;
g) operating mode of the loading and unloading point;
h) method of loading and unloading;
i) persons responsible for the order, application.
2.5. The customer submits an order or application for cargo transportation to the carrier no later than 14 hours before the start of cargo transportation in urban or suburban traffic and no later than 48 hours before the start of intercity transportation.
By agreement of the parties, the specified deadlines for submitting an order or application, based on the capabilities of the carrier, can be reduced.
If one of the parties has any changes or additions compared to the agreed application or order for the transportation of goods, the corresponding party notifies the other party no later than 14:00 on the day preceding the day of the previously agreed transportation.
2.6. The contract for the carriage of goods is recognized as concluded from the moment the owner of the goods receives the carrier’s consent to accept for execution an order or application for the carriage of goods. Samples of orders and applications for cargo transportation are given respectively in Appendix 1 And Appendix 2 to the Rules.
2.7. An agreement on the organization of cargo transportation is concluded between the customer and the carrier if it is necessary to carry out systematic cargo transportation; it establishes the volumes, terms, conditions for presenting goods for transportation and providing vehicles, technological features of loading and unloading operations, payment procedures and other conditions for organizing transportation. When transporting goods using transport logistics, a transport and logistics center acting in the interests of cargo owners and carriers may act as a party to the specified agreement.
A sample agreement on the organization of cargo transportation is given in Appendix 3 to the Rules.
2.8. For the transportation of goods, vehicles can be provided on the basis of a charter agreement, a sample of which is given in Appendix 4 to the Rules.
The parties to the contract for chartering a vehicle for the carriage of goods (charterer and charterer) can be legal entities or individuals. Unless otherwise provided by agreement of the parties, the charter agreement is concluded in the form of a work order for the provision of a vehicle for the transportation of goods (hereinafter referred to as the work order).
Mandatory details of the work order include:
a) names, addresses, settlement account numbers, telephone numbers of contact persons of the charterer and the charterer;
b) name and scope of work, services;
c) required type and number of vehicles;
d) addresses for loading and unloading of cargo;
e) the time of arrival of vehicles for loading and the time of completion of work;
f) type and amount of payment made;
A sample work order is given in Appendix 5 to the Rules.
2.9. The work order is issued by the charterer and transferred to the charterer no later than 14 hours on the eve of the start of cargo transportation in urban or suburban traffic and no later than 48 hours before the start of intercity transportation. Acceptance by the charterer of a work order for execution is carried out only subject to advance payment by the charterer for the scope of work established in the work order, unless otherwise established by agreement of the parties.
2.10. Providing a vehicle that does not comply with the terms of the charter agreement, or with a delay of more than 2 hours against the agreed time, is considered a failure to provide the chartered vehicle, unless otherwise established by agreement of the parties. The time of arrival of the vehicle at the place of delivery is calculated from the moment the driver of the vehicle presents to the charterer an identification document of the driver and a waybill.
2.11. If the charterer fails to provide vehicles, the charterer has the right to refuse to fulfill the charter agreement and collect from the charterer a fine provided for in Article 34 of the Charter of Road Transport.
If the charterer presents for transportation cargo that is not provided for in the charter agreement or in the agreed work order, the charterer has the right to terminate the charter agreement or refuse to transfer the vehicles for use to the charterer under the previously agreed work order.
2.12. For the performance of transport and forwarding services related to the transportation of goods, a transport expedition agreement is concluded between the forwarder and the customer in accordance with the legislation of the Russian Federation.
A transport expedition agreement may provide for the duties of the freight forwarder, for a fee, to organize the transportation of cargo by transport along the route chosen by the forwarder or the customer, to conclude on behalf of the customer or on its own behalf a contract for the carriage of goods, to ensure the sending and receipt of cargo, as well as other obligations related to the transportation of goods .
For non-fulfillment or improper fulfillment of obligations to transport cargo under a freight forwarding contract, the forwarder bears the same responsibility to the customer as the carrier under a cargo transportation contract. If the forwarder proves that the violation of obligations is caused by the carrier’s improper performance of the transportation contract, the freight forwarder’s liability to the customer is determined according to the same rules according to which the corresponding carrier is responsible to the freight forwarder.
2.13. The main document for the primary accounting of cargo transportation, as well as other performance indicators in road transport, is the waybill for a cargo vehicle (hereinafter referred to as the waybill).
The waybill is issued by the carrier in the prescribed manner for each vehicle transporting goods.
2.14. Transportation of goods carried out on orders from legal entities or entrepreneurs on a commercial basis must be issued with a consignment note for the transportation of goods by road (hereinafter referred to as the consignment note) in the form according to Appendix 6 to the Rules.
This requirement applies to all types of transportation, with the exception of transportation of goods for which warehouse records are not maintained and records are not organized by measuring (including geodetic) and weighing, as well as transportation of goods accompanied by a representative of the cargo owner.
2.15. A consignment note is issued for each trip with cargo. In some cases, a consignment note can be issued simultaneously for several trips with cargo with additional registration of a sender’s coupon for each trip with cargo, which is a mandatory attachment to the corresponding consignment note.
The procedure for producing, recording and filling out the consignment note and sender's coupons is established by the relevant Instructions given in the Appendix to the consignment note.
When transporting goods on one vehicle to the addresses of several consignees, the consignor must issue waybills separately for each consignee.
2.16. With the introduction of electronic document management systems, the procedure for issuing transport and accompanying documents for the transportation of goods is established by agreement between the carrier, consignor and consignee, additionally taking into account the phased transition to these systems
2.17. In addition to the above-mentioned transport and accompanying documents, when transporting certain types of cargo (dangerous, perishable, heavy and large), other necessary documents are drawn up, noted in the rules for transporting the relevant types of cargo.
2.18. When carrying out road transport of goods, compulsory and voluntary insurance is carried out in accordance with the legislation of the Russian Federation.
With voluntary insurance of transport risks, including insurance of liability for theft, loss, damage and damage to goods during transportation and temporary storage, freight insurance, additional insurance of liability for damage, destruction, theft of a vehicle, the insured (carrier, forwarder, freighter, charterer, the cargo owner), by agreement of the parties, enters into a written insurance contract with the insurer on the insurer’s terms and conditions acceptable to the insured.
3. Rules for presentation and acceptance of cargo for transportation
3.1. The carrier accepts goods of a commercial nature for transportation only if there is a contract for the carriage of goods and subject to the consignor’s execution of a bill of lading.
3.2. The shipper is obliged to prepare cargo in accordance with established standards, technical specifications for products, their containers, packaging and other acts in such a way as to ensure the safety of vehicles, cargo, containers, traffic safety, fire safety and environmental safety.
3.3. The carrier is obliged, within the time limits established by the contract of carriage, to provide technically sound general purpose vehicles or specialized vehicles (hereinafter referred to as vehicles), and in cases provided for by the contract of carriage, also containers, in a condition suitable for the transportation of the relevant cargo.
The list of main types of specialized vehicles is given in Appendix 7 to the Rules.
If the carrier provides vehicles, containers that are not suitable for transporting the relevant cargo, or delivers vehicles or containers to the loading point with a delay of more than 2 hours from the agreed time, the shipper has the right to refuse transportation, unless otherwise established by agreement of the parties.
The delivery of vehicles that are not suitable for transporting the cargo stipulated by the contract is equivalent to the failure to provide vehicles. In this case, as well as if the shipper refuses the vehicles submitted by the carrier, a report is drawn up in the prescribed form.
3.4. When accepting cargo for transportation, the driver of the vehicle, including the driver who simultaneously performs the functions of a forwarder (hereinafter referred to as the forwarder driver), presents to the shipper an identification document, as well as a waybill certified by the carrier’s seal. The assignment of the functions of a forwarder to the driver is formalized by order of the head of the automobile enterprise (economic entity).
3.5. Acceptance of cargo for transportation from the shipper is certified by the signature of the forwarding driver in all copies of the waybill, one of which remains with the shipper.
Acceptance of cargo for transportation, as well as its release using an electronic consignment note, is carried out subject to availability and in the manner established in the agreement on electronic data exchange between the carrier and the customer.
3.6. The shipper is obliged, before the arrival of the vehicle for loading, to prepare the cargo for transportation (pack, package, subgroup by consignee), issue transport accompanying documents and passes for the right of passage of the vehicle to the place of loading and unloading of goods.
3.7. Goods requiring packaging and/or packaging must be presented by the shipper for transportation in serviceable containers/packaging that meets standards or technical conditions, and in cases where standards or technical conditions are not established, in agreement with the carrier and shipper - in other serviceable containers /packaging that ensures the safety of the cargo and vehicle.
3.8. Cargo that is presented by the shipper in a condition that does not comply with the contract of carriage and was not brought into proper condition by him within the time period agreed upon by the parties is considered not presented.
3.9. The cargo is also considered not presented by the shipper for transportation if:
a) the cargo is presented for transportation with a delay of 2 hours or more;
b) the presented cargo is not provided for by the contract of carriage or is intended for delivery to a destination other than that established by the contract of carriage of goods;
c) the condition of the cargo presented for transportation does not meet the requirements of the Rules and the shipper has not ensured that the cargo is brought into compliance with these requirements within the period established by the contract for the carriage of goods.
3.10. In the cases provided for in clause 3.9, the carrier has the right to refuse to fulfill the contract for the carriage of goods and collect from the shipper the fine provided for in Part 1 of Art. 35 of the Charter of Motor Transport, unless otherwise provided by the contract of carriage.
3.11. The shipper is obliged to transfer to the carrier identification documents, certificates, veterinary certificates or other documents necessary for the transportation of goods in accordance with sanitary and other rules approved in accordance with the legislation of the Russian Federation.
3.12. The shipper must not present cargo with different properties for transportation in one vehicle or container if their joint transportation may lead to damage to these goods or a deterioration in their quality.
3.13. When presenting the cargo for transportation, the shipper has the right to declare its value.
Declaration of value can be carried out when transporting precious metals and products made from them, precious stones, objects of art, paintings, statues, artistic products, antiques, carpets, electronic computers and office equipment, experimental machines, equipment, instruments and other items by agreement sides
It is not allowed to declare the value of goods transported in bulk, in bulk, in liquid form, behind shippers' seals, perishable and dangerous goods, as well as parts of cargo transported under one consignment note.
The value declared by the shipper must not exceed the actual value of the cargo. In case of disagreement between the carrier and the shipper (consignee), the cost of the cargo is determined in accordance with the legislation of the Russian Federation.
3.14. For the transportation of goods with declared value, the shipper is charged an additional fee by agreement between the carrier and the sender.
3.15. When the shipper delivers and accepts the carrier goods transported in bulk, in bulk, in bulk and in containers, the weight or volume of these goods must be determined and indicated in the waybill.
3.16. Cargo in containers or packaging, as well as piece cargo, are accepted for transportation with the weight of the cargo and the number of cargo pieces indicated in the waybill. The weight of such cargo is determined by the shipper before presenting it for transportation and is indicated on the cargo packages. The total weight of the cargo is determined by the shipper by weighing on scales or by counting the weight of the cargo items according to a stencil or standard.
3.17. For individual cargoes, the weight can be determined by agreement of the parties by calculation, by measurement, volumetric weight, or conditionally.
An entry in the waybill about the weight or volume of the cargo, indicating the method of determining it, is made by the shipper.
3.18. If it is necessary to transport goods in a vehicle with a covered body, in separate sections of the body, containers and tanks sealed by the shipper, the weight of the cargo is determined by the shipper.
3.19. Cargoes with a marked net or gross weight are not subject to re-weighing. The forwarding driver, if there are no signs of opening the container or packaging, accepts such cargo from the shipper according to the weight indicated on the marking.
3.20. If cargo packages of the same standard size are presented to the address of one consignee, the indication of the weight on each package is not necessary, except in cases where the standards provide for the mandatory indication of gross and net weight on standard packages. In this case, in the column “Method of determining weight”, the entry “according to the standard” is entered in the waybill.
3.21. The weight or volume of non-commodity cargo is determined by measurement or control weighing by agreement of the parties. During mass transportation of soil, its quantity is determined by geodetic measurement.
3.22. The carrier may require the shipper to additionally check the weight or volume of the transported cargo if he doubts its size. The results of the inspection must be recorded on the delivery note.
3.23. The maximum weight and dimensions of one piece of cargo must not exceed the carrying capacity and internal dimensions of the body of the vehicle used for transportation.
3.24. The shipper is responsible for all consequences of incorrect internal packaging of goods (breakage, breakage, deformation, leakage, etc.), as well as the use of containers and packaging that do not correspond to the properties of the cargo, its weight or established standards and technical conditions.
3.25. Acceptance for transportation of goods to the extent not provided for by the Charter of Road Transport and the Rules is carried out by agreement of the parties.
3.26. The carrier is obliged to transport goods along the shortest route open to the movement of vehicles, except for cases when, due to road conditions, transportation with an increased mileage is more rational, of which the carrier, when accepting an order or application, is obliged to inform the customer (shipper or consignee) about the increase transportation distances.
3.27. The carrier, by agreement of the parties, carries out the transportation of goods with the performance of transport and forwarding operations for the reception, escort and delivery of goods to the recipient by its forwarding driver. These operations can also be performed by a transport and forwarding organization.
Responsibility for the safety of cargo during transportation rests with the carrier from the moment the cargo is accepted for transportation until the moment of delivery to the consignee or a person authorized by him, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the carrier could not prevent or eliminate for reasons beyond his control.
3.28. To carry out transport and forwarding operations, including accompanying cargo along the way, the cargo owner is obliged to provide his representative (forwarder) when transporting the following cargo:
a) requiring special transportation conditions by their nature: explosives, spontaneously combustible substances, flammable liquids (except liquid fuels), film and film strips, highly toxic substances, caustic substances, glass and glass-porcelain products without special packaging;
b) requiring special protection: precious stones, precious metals, jewelry, artistic products and antiques, objects of art (paintings, sculptures, etc.);
c) requiring care on the way (animals, birds, bees).
The cargo owner, by agreement of the parties, can provide escort during transportation of other goods specified by him in the order/application or transportation contract.
3.29. In cases where the cargo is transported accompanied by the shipper's (consignee's) forwarder, the latter is obliged to ensure that the forwarder appears at the place of loading of the cargo by the time the carrier's vehicle arrives. If the forwarder is late by the time the vehicle arrives, the consignor (consignee) bears financial liability to the carrier for the demurrage of the vehicle under the terms of the contract.
3.30. When presenting various piece goods of a commercial nature for transportation, the shipper is obliged to make their transport markings in advance, which contains basic, additional and informational inscriptions and handling signs.
The main marking inscriptions include: the full or abbreviated name of the consignee, the number of packages in the shipment and their serial number; for additional inscriptions - the name of the shipper, point of departure, other entries, and for informational ones - the weight of the cargo unit (gross and net), as well as the overall dimensions of the cargo item, if at least one of them exceeds 1.0 m.
By agreement between trading partners, in addition to inscriptions for automatic identification and data collection, cargo can be marked with additional machine-readable markings using linear bar code symbols, two-dimensional symbols, and radio frequency tags.
Handling signs indicate methods of handling cargo during loading and unloading operations, transportation and storage (for example, “Fragile. Caution,” “Top,” “Do not pick up with hooks”). The image, name and purpose of marking and manipulation signs must comply with national standards and technical specifications for the manufacture of products.
3.31. Transport marking must be carried out by the shipper by directly applying markings to the goods or using labels. Package markings must be clear, clear and reliable.
3.32. Handling signs are applied to each cargo package in the upper left corner on two adjacent walls of the container, with the exception of the signs “Rail here”, “Center of gravity”, which should be applied in the designated places.
3.33. By agreement of the parties, a number of markings when transporting piece goods (except for gross and net weight of cargo) may not be carried out by the shipper, with the exception of transportation in small shipments.
3.34. When transporting homogeneous piece and packaged cargo to one consignee, it is allowed to apply markings not on all cargo items, but not less than on four cargo items. In this case, marked cargo items are stacked: in vans - at the door with the markings facing outward; on an open body - in the upper loading tier there are two places at each longitudinal side of the body with markings facing outwards.
3.35. Markings characterizing containers (except for bags) are applied to the container by its manufacturer. It is allowed to apply markings characterizing the container on labels. Reusable containers must be labeled “Reusable”.
3.36. When transporting goods in transport packages, inscriptions must be placed on each of them, including the total number of packages in the shipment, the number of packages in the package, and the serial number of the package. On transport packages formed from goods transported without packaging, the need for marking the total number of packages in the shipment, the number of packages in the package and the serial number in the package is established by the shipper in regulatory documents for specific types of products.
3.37. When transporting goods in bulk, in bulk or in liquid form, marking is not carried out.
3.38. Loaded covered vehicles, separate sections of vehicles, containers and tanks assigned to one consignee must be sealed by the consignor, and small-piece goods located in boxes, boxes and other containers must be sealed or bandaged.
Information about the sealing of the cargo (type and shape of the seal) is indicated by the shipper in the waybill.
3.39. The carrier may, by agreement with the shipper, transport goods in covered vehicles with a van or tank body without a seal. In these cases, the service associated with the performance by the forwarding driver of additional operations for the acceptance and delivery of goods is paid by the shipper at negotiated prices.
3.40. When transporting goods with the participation of two or more carriers, acceptance of goods for transportation without a seal can be carried out only with the consent of all carriers participating in this transportation.
3.41. To ensure the safety of cargo transported to several addresses, the carrier can install partitions inside the van body that allow the body to be divided into separate sealable sections.
3.42. The driver does not take part in the overweighting and recounting of cargo that arrived in serviceable vehicles and containers with intact consignor seals, as well as in serviceable, bandaged containers; delivery of such cargo to the consignee by the driver is carried out without checking the weight and condition of the cargo and without recalculating the cargo items.
3.43. Shipper seals must have the shipper's abbreviated name and identification marks (trademarks or vice number), or have a unique number.
When sealing vehicles by a carrier, the seals must have the name of the carrier and the number of the vice.
3.44. Seals attached to the body of a van, tank and containers, their sections and individual cargo items must not allow access to the cargo and removal of the seals without violating their integrity.
Seals are hung:
a) for vans or its sections - one seal on all doors;
b) containers have one seal on the doors;
c) for tanks - one seal on the hatch cover and the drain hole, except for cases when a special sealing procedure is provided for certain types of cargo;
d) at the cargo item - from one to four seals at the joining points of edging strips or other binding materials.
3.45. Sealing of the body of a vehicle covered with a tarpaulin is carried out only if the connection of the tarpaulin to the body makes it impossible to access the cargo.
Transportation with unclear imprints of the established control marks on the seals, as well as with incorrectly hung seals, is prohibited.
3.46. Requirements for sealing vehicles, containers and cargo, as well as for materials, seals and their hanging schemes are established by standards and technical conditions for their production.
3.47. The shipper may present certain types of cargo upon preliminary wrapping.
Paper tape, braid and other materials used for wrapping cargo must not have knots and must be marked with a stamp or seal of the shipper at each fastening point.
Banding should prevent access to the cargo without compromising the integrity of the material used.
4. Rules for loading, unloading, placing and securing cargo on a vehicle
4.1. To carry out loading and unloading operations with cargo transported by vehicles, shippers and consignees must have loading and unloading areas with access roads to them, ensuring unhindered passage and maneuvering of vehicles, as well as the ability to work in the dark with proper lighting for workers places
4.2. Loading and unloading areas must be equipped with machines and devices for mechanized loading and unloading of cargo; ensure compliance with fire safety, sanitary, hygienic and environmental standards; ensure the safety of cargo and labor safety of personnel working at these sites; have, if necessary, weighing and other equipment to determine the weight and quality of the cargo being transported, as well as telephone and other means of communication.
The number and equipment of loading (unloading) posts with devices for performing loading and unloading operations on sites must correspond to the type and volume of cargo being transported and ensure minimal downtime of vehicles during loading and unloading.
4.3. Loading of cargo onto a vehicle, fastening, lashing and covering of cargo, opening and closing the sides of the platform, tank hatches, lowering and removing hoses from tank hatches, screwing and unscrewing hoses, removing and installing removable awnings at loading points is carried out by the shipper; unloading of cargo, removal of fastenings and cargo covers, as well as the performance of the above-mentioned operations with the sides of the platform, removable awnings, hatches and hoses of tanks at unloading points is carried out by the consignee, unless otherwise provided by agreement between them.
When loading cargo by the shipper, responsibility for spoilage and damage to the cargo during loading, as well as for the consequences of improper fastening and placement of cargo in the body of the vehicle (damage to cargo during transportation, its displacement, overturning) rests with the shipper.
The carrier must control the processes of loading, securing and placing cargo in the body of the vehicle, closing the sides (hatches) and others specified in paragraph 4.3 carried out by the shipper. operations, except in cases where the carrier’s representative is not allowed to the place of cargo loading. If the shipper fails to comply with the carrier’s requirements regarding the placement and securing of cargo, as well as other requirements specified in clause 4.3. operations, the carrier may refuse to transport goods with reimbursement by the shipper of the corresponding costs.
In the event of a disagreement between the carrier and the shipper regarding the security of the installation and securing of the cargo, the shipper must provide documentary evidence of security with the signature of his competent authorized person on the waybill.
4.4. Before starting the movement and during the journey, the driver is obliged, if there is an objective opportunity, to control the placement, fastening and condition of the cargo in the body of the vehicle in order to avoid its displacement and fall. If the placement, securing, or condition of the cargo pose a threat to road safety, the driver must take measures to eliminate the danger or stop further movement.
4.5. The carrier, under an agreement for the carriage of goods with the customer (shipper or consignee), may undertake loading and unloading operations on the terms provided for in the relevant agreement, taking into account the customer’s preliminary preparation of the cargo, provision of parking spaces and minor repairs of loading and unloading machines and devices carrier, office space for organizing locker rooms and rest areas for workers.
In the event that the carrier, under an agreement with the customer, undertakes loading and unloading operations, placement and securing of cargo in the body of a vehicle and other operations, responsibility for spoilage and damage to the cargo during the performance of these works and for the consequences of improper implementation of the relevant operations is assigned to carrier.
4.6. Participation of the vehicle driver in the loading and unloading of cargo is possible only with his consent, as well as the consent of the carrier, in a manner that does not contradict the rules of labor protection and safety during loading and unloading operations in road transport. In this case, when loading, the driver accepts the cargo in the body, and when unloading, the driver delivers the cargo from the body of the vehicle.
When using vehicles equipped with lifting devices, the control of the lifting device is carried out by the driver of such a vehicle.
4.7. The shipper must ensure that the cargo is loaded into the carrier's vehicle in accordance with the type of cargo, its weight and quantity, as well as the time of work agreed upon in the application/order.
4.8. When transporting goods with a small volumetric mass, the carrier, in agreement with the shipper, can take measures to ensure increased use of the vehicle's carrying capacity.
To prevent losses of bulk and bulk cargo during transportation, the shipper must load them in such a way that the surface of the cargo does not protrude beyond the upper edges of the open body of the vehicle. In this case, the carrier, together with the shipper, ensures that such cargo is covered with a tarpaulin or other devices.
4.9. Piece cargo, the loading of which onto vehicles and unloading without the use of mechanized means requires a lot of time and labor, must be placed in transport packages or containers before loading by the shipper, taking into account the provision of a mechanized method of loading and unloading.
The procedure for forming transport packages and loading containers must comply with the Rules for the transportation of goods in containers and transport packages (Section 11 of the Rules), as well as the technical conditions for the manufacture, transportation and storage of products from manufacturers.
4.10. When carrying out loading operations, the shipper is obliged to:
a) place loads evenly over the entire floor area of the vehicle body or container, preventing eccentric distribution of load in the body (container) and axle loads in excess of the values established for the vehicle in real road conditions;
b) stack homogeneous piece goods in the body of a vehicle (container), maintaining the same number of tiers and ensuring reliable fastening of the top tier of the stack;
c) place heavier loads closer to the axis of symmetry of the vehicle (container) body;
d) ensure that the center of gravity of the load is established as low as possible and in the middle of the length of the vehicle (container) body;
e) do not allow cargo with a higher volumetric mass to be stacked on cargo with a lower volumetric mass;
f) fill the gaps between the stack of cargo and the walls of the body (container) using various fasteners (gaskets, inflatable containers and other devices);
g) when loading long cargo (pipes, rolled steel, timber, etc.) of different sizes, different lengths and thicknesses, select them the same in each individual row; place longer cargo in the lower rows.
4.11. To prevent the cargo from tipping over or shifting in the body while the vehicle is moving, the shipper is obliged to securely secure it in the body of the vehicle using its own means of fastening, unless otherwise provided in the contract of carriage.
4.12. The choice of means of securing cargo in the vehicle body (belts, chains, cables, wooden blocks, stops, anti-slip mats and others) is carried out by the shipper, taking into account road safety, the safety of the transported cargo and the vehicle.
4.13. Large loads, the loading of which can only be carried out by mechanization, must have loops, eyes, protrusions or other special devices for gripping when using lifting machines and devices.
When transporting these cargoes, based on the need to ensure traffic safety, the driver is obliged to check the condition of placement and securing of the cargo on the vehicle before starting the movement, as well as during the movement.
4.14. Securing cargo with nails, staples or other methods that damage the vehicle is not permitted.
4.15. The shipper (consignee) must provide, install and remove trays, belts, wire, other devices and auxiliary materials necessary for loading and transportation, unless otherwise provided in the contract of carriage.
The carrier may, for an additional payment, provide tarpaulin and other materials for covering and tying cargo, if this is provided for in the contract of carriage.
4.16. To transport certain types of cargo, the carrier, by agreement with the shipper or consignee, can retrofit the vehicle body, taking into account the requirements of current standards, rules and regulations.
4.17. Devices for ensuring the safety of cargo and carrying out loading and unloading operations belonging to the consignor are transferred by the carrier to the consignee at the unloading point along with the cargo or returned to the consignor at the loading point or other place in accordance with the contract of carriage or as indicated in the waybill.
4.18. If the carrier discovers that the stowage or securing of cargo on a vehicle does not comply with road safety requirements, as well as the requirements for ensuring the safety of the cargo or vehicle, the carrier must notify the customer about this and refuse to carry out the transportation until the customer eliminates the noticed deficiencies.
4.19. The time of arrival of the vehicle for loading is calculated from the moment the driver presents the waybill and identification document to the consignor, and the time of arrival of the vehicle for unloading is calculated from the moment the consignee is presented with the waybill at the point of unloading.
When transporting goods in containers with their removal from vehicles, issued in such cases with an accompanying statement ( Appendix 8 to the Rules), the time for delivering an empty container to the shipper or a loaded container to the consignee is calculated from the moment the driver presents the accompanying statement: to the shipper at the loading point, and to the consignee at the unloading point.
4.20. Loading of cargo into a vehicle is considered completed if the cargo is loaded into the body of the vehicle and a bill of lading is duly issued for it and the necessary marks are made on it and on the waybill.
When the carrier submits a vehicle for loading earlier than the agreed time, it is considered that the carrier has begun to fulfill the contract at the agreed time. In this case, the shipper can accept the vehicle for loading from the moment of its actual arrival.
4.21. Unloading of arrived cargo is considered complete if the cargo is completely unloaded from the vehicle, the consignee has issued a waybill, waybill and other documents for the transportation of cargo, and all necessary work on cleaning the body has been completed.
4.22. If the consignor or consignee has an entry gate or checkpoint, the time of arrival of the vehicle for loading or unloading is calculated from the moment the driver presents the waybill or waybill to the consignor (consignee) at the entry gate or checkpoint.
4.23. The travel time of a vehicle from the gate or checkpoint to the place of loading or unloading and back is excluded when calculating the time the vehicle is being loaded or unloaded.
4.24. The shipper and consignee are required to note on the waybill and the waybill the time of delivery of the vehicle to the loading and unloading points, and the time of departure from them.
4.25. At the warehouses of transport and forwarding enterprises (terminals), loading and unloading and other work related to the dispatch and receipt of goods (preparing goods, fastening, covering and other operations) are carried out by these enterprises, unless otherwise established by the contract of carriage.
4.26. After unloading the cargo, the vehicle body or container must be cleaned of cargo residues by the consignee, and after transporting dangerous and perishable goods, animals, birds and other goods that contaminate the body, it must be washed and, if necessary, steamed or disinfected. The specified operations for cleaning and sanitizing the vehicle body, by agreement of the parties, can be performed by the carrier.
4.27. The shipper or consignee bears primary liability to the carrier for damage to the vehicle, respectively, during loading or unloading of cargo, as well as in transit due to improper placement and securing of cargo in the amount of actual costs incurred by the carrier to repair the vehicle.
4.28. The consignor (consignee) is obliged to ensure loading (unloading) and prepare transport and accompanying documents within the time limits established by agreement of the parties and calculated from the moment the vehicle arrives for loading or unloading. In the event of excessive downtime of the vehicle during loading or unloading, as well as due to improper execution of transport documents or their absence, the guilty party is obliged to pay the carrier a fine in the amount established by agreement of the parties, and in the absence of the specified agreement - in accordance with the Charter of Road Transport.
4.29. The basic standards for downtime of cars and road trains at loading and unloading points are given in Appendix 9 to the Rules.
5. Rules for the issuance and redirection of goods
5.1. Carriers are obliged to deliver goods to the consignees specified in the consignment note within the time limits established by agreement of the parties, and the consignees are required to accept the received goods and ensure the unloading of goods from vehicles.
Delivery of cargo by the carrier and acceptance of cargo by the recipient by weight and number of items is carried out in the same order in which the cargo was accepted from the shipper (by weighing on scales, counting cargo items, measuring).
5.2. Cargoes arriving in undamaged vehicle bodies or containers with intact consignor seals are issued to the consignee without checking the weight and condition of the cargo and the number of cargo pieces.
When transporting cargo to dumps, snow and other non-commercial cargo for which warehouse records are not maintained, the carrier, under the terms of the contract, may be exempt from registering the delivery of the cargo to the recipient with verification of its weight.
Packaged and piece cargo accepted for transportation according to the standard weight or the weight specified by the consignor on each cargo item are issued to the consignee according to the number of items with verification of weight and condition only if there is no consignor's seal on the vehicle and only damaged items of cargo.
5.3. Delivery of the cargo to the recipient by the carrier with verification of the cargo, the number of packages and the condition of the cargo is carried out in the following cases: arrival of the cargo in the covered body of a vehicle or container accepted for transportation without a seal; the cargo arrived in a damaged container, a damaged vehicle body and container, or with damaged shipper seals; perishable cargo arrived at the consignee in violation of delivery deadlines or in violation of the established temperature conditions for transportation.
5.4. When determining the mass of cargo using weighing, the carrier is not responsible for the discrepancy between the mass of cargo indicated in the waybill and the actual mass of the cargo, if the difference in mass does not exceed the norms of natural loss, the accuracy of scale readings or the norms of accuracy of cargo weighing.
5.5. The difference between the mass of cargo established at the point of departure and the mass of cargo established at the point of destination must not exceed the norms of natural loss adopted by regulatory legal acts of the Russian Federation; When transporting cargo without weighing before and after delivery, natural loss norms do not apply.
Natural loss rates are calculated as a percentage of the initial net weight of the goods (cargo) accepted for transportation at the point of departure.
5.6. The norms for natural loss are maximum and are applied only when establishing actual losses of cargo resulting from shrinkage, leakage (spill), scattering and spraying, volatilization and/or weathering. Losses within the limits of natural loss norms can be written off only if there are appropriate acts confirming actual losses. Write-off of cargo (goods) according to the rate of natural loss before the actual losses are established is not allowed.
Norms of natural loss for certain types of cargo can be established for different periods of the year and different climatic zones.
5.7. The natural loss of goods transported in bulk, in bulk or in bulk, delivered under different waybills from one consignor to the same consignee, as well as over different distances, but within the same interval accepted by the norms, is written off according to one norm.
5.8. If there is a shortage of cargo, the consignee must make an entry in the bill of lading and confirm it with the signature of the carrier.
5.9. The carrier, on his own initiative or at the request of the consignee, may invite appropriate experts to establish the size or cause of shortage, spoilage or damage to the cargo, as well as to determine the amount by which the value of the cargo has decreased.
The costs of paying experts are borne by the carrier if the shortage, spoilage or damage to the cargo is due to his fault; in other cases, these costs are paid by the shipper.
5.10. The examination must be carried out in the presence of representatives of the carrier and the consignee. If one of the parties notified of the examination fails to appear, the examination report is drawn up in her absence and is recognized as valid.
5.11. The consignee may refuse to accept the cargo if its quality due to deterioration or damage has changed so much that the possibility of its full or partial use for its intended purpose is excluded. Unaccepted and spoiled (damaged) cargo is returned to the shipper at the shipper's expense.
5.12. If the consignee refuses to accept perishable cargo transported intercity, and the consignor has not given written instructions about a new consignee within twelve hours or another period agreed with the carrier after the carrier’s request, the carrier has the right to sell this cargo in accordance with the legislation of the Russian Federation.
The amount received by the carrier for the sale of the cargo, minus the payments due to the carrier for transportation, as well as the costs associated with the sale of the cargo, are transferred to the consignee indicated in the waybill (if he pays the cost of the cargo) and to the consignor - in all other cases.
5.13. If the consignee refuses to accept the cargo for reasons beyond the carrier’s control, the cargo may be returned by the carrier to the consignor or, upon his written instructions, transferred (redirected) to another consignee. The cost of transportation, as well as additional costs associated with redirection, must be paid by the shipper.
In case of refusal to accept the cargo, the consignee must notify the consignor about this and make a note of refusal certified by signature and seal in the transport bill of lading, and if he refuses to notify the consignor and put a mark in the transport bill of lading, the corresponding actions are taken by the carrier.
5.14. The shipper's order to redirect the cargo must be in writing and must contain the following data: numbers of the first order and bill of lading, the name of the original consignee and his address, the name of the new consignee and his address, the reasons for redirection.
The redirection order may apply to the entire shipment following the same bill of lading.
5.15. The order to redirect the cargo by the shipper can be transmitted by telephone, followed by written confirmation.
5.16. If the consignee refuses to accept the cargo and it is impossible to obtain an order from the shipper to redirect the cargo, the carrier may deposit the cargo at the point of actual location until receiving the corresponding order from the shipper, with all costs for the safety of the cargo assigned to the shipper.
5.17. If it is impossible to fulfill the shipper's order to redirect the cargo, the carrier notifies the shipper about this and returns the cargo to him, taking into account compensation for the costs of transporting this cargo.
When the carrier accepts an order to redirect the cargo for execution, the name and address of the new consignee are indicated in the bill of lading in the “redirection” column, as well as other changes are made, made and certified by the driver’s signature.
6. Rules for payment for cargo transportation
6.1. The procedure for payment for the transportation of goods by road is established by agreement of the parties (contract of carriage), unless otherwise provided by legislative and regulatory legal acts of the Russian Federation.
Additional work and services related to the transportation of goods performed by the carrier or charterer for the customer (shipper, consignee, charterer) are paid by agreement of the parties.
6.2. The carrier has the right to retain the cargo transferred to him by the shipper for transportation as security for payments due to him for transportation, including overdue receivables from the sender, in the manner established by the legislation of the Russian Federation, unless otherwise established by agreement of the parties. In this case, the shipper also reimburses the carrier for the costs associated with the retention of the cargo (storage, transportation and other expenses).
6.3. Payments due to the carrier, charterer for the transportation of cargo and other services must be paid by the customer in advance and drawn up in the form of payment documents (payment orders or demands, checks, bills, letters of credit) or in cash in accordance with the regulations of the Central Bank of the Russian Federation.
When transporting goods in direct mixed traffic, with the participation of other modes of transport, and the motor transport organization performs the functions of the head operator (carrier), shippers and consignees, by agreement of the parties, make payments for transportation to the corresponding head operator, taking into account the amounts necessary for settlements with other modes of transport.
6.4. By agreement between the carrier and the customer, cargo may be accepted for transportation before the carriage fee is paid within the prescribed period. If this deadline for making payments is violated, the customer is charged a penalty on the amount of payments for each day of delay in paying the freight charge. The amount of the fine is determined by the legislation of the Russian Federation or by agreement of the parties.
6.5. If the carrier or freighter does not begin fulfilling the order within three days, the freight charge paid by the customer in advance must be returned to the customer within the next three banking days.
In case of untimely return of the freight charge for a failed transportation, the carrier or charterer shall pay the customer a penalty on the amount of payments to be returned for each day of delay in the amount established by the legislation of the Russian Federation or by agreement of the parties.
6.6. In cases where, in accordance with federal laws and regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation, benefits or benefits are established for freight charges for the transportation of goods, expenses incurred in connection with this are reimbursed to the carrier at the expense of the corresponding budget.
6.7. The final payment for the transportation of goods is made by the customer based on the invoice of the carrier or freighter. The basis for issuing an invoice for completed transportation is the waybill, or acts of measurement or weighing of cargo, and when servicing on an hourly basis, the data of waybills certified by the consignor (consignee).
6.8. For final settlement, the carrier or charterer must issue an invoice to the customer within 5 days and attach the relevant documents, unless a different settlement procedure is established by agreement of the parties (for example, settlements using an issued waybill, settlements using an electronic form of document flow).
6.9. During centralized transportation of goods, all payments to the carrier for transportation and related forwarding operations and services are made by the consignor or consignee, depending on who pays the main cost of transportation under the contract. At the same time, in established cases, amounts paid to carriers for the specified transportation, operations and services are included by the shipper in invoices for products shipped or are withheld by consignees when paying the shippers' invoices for products received.
7. Rules for drawing up acts, presenting and considering claims and lawsuits
7.1. Circumstances that may be the basis for property disputes between carriers, shippers, consignees, charterers and charterers, as well as for registration of insurance cases during the transportation of goods, are certified by acts or marks in waybills, waybills, and accompanying statements. The list of circumstances that must be certified by entries in the waybill is given below:
a) road traffic accidents, unlawful actions of third parties (robbery, theft, robbery), natural disasters, omissions of the carrier’s personnel, which led to loss, deterioration or damage to cargo, vehicle or container;
b) discrepancy between the actual data on the name, weight and number of pieces of cargo with the data specified in the waybill;
c) violation or absence of seals on the body of the vehicle or its section or on the container;
d) provision by the carrier of vehicles that are unsuitable for the transportation of this cargo or do not meet sanitary requirements;
e) other circumstances that, in accordance with the legislation of the Russian Federation, may serve as the basis for the property liability of the parties or the occurrence of an insured event.
The specified entries in the waybill must be certified by signatures of representatives of the parties. One-sided entries on the waybill are invalid.
7.2. In the event of disagreements between the carrier, consignor, consignee, charterer, charterer due to circumstances that may serve as the basis for property disputes, the parties draw up a report, a sample of which is given in Appendix 10 to the Rules.
Representatives of the parties must sign the act, and if they disagree with its contents, state their opinion in the act.
If you refuse to draw up a report or make an entry in the waybill in cases of shortage, spoilage or damage to the cargo, the report is drawn up with the participation of an uninterested party, which may be a representative of the Rostransnadzor organization or an independent examination.
A note must be made on the bill of lading regarding the preparation of the act.
7.3. Before filing a claim against the carrier in connection with the transportation of goods, the customer who has entered into a transportation agreement or charter agreement with the carrier submits a claim against him. Persons who have entered into a contract of carriage or a charter agreement, as well as insurers who have paid insurance compensation to injured parties, have the right to file a claim in the event of improper performance by one of the parties of its obligations under the contract of carriage, charter contract or insurance contract.
7.4. Claims are made:
a) by the consignor or consignee - in case of loss of cargo, subject to the presentation of a bill of lading with the signature of the carrier (driver as a representative of the carrier) on acceptance of the cargo for transportation;
b) by the consignee - in case of shortage, deterioration or damage to the cargo, subject to the presentation of a waybill with the relevant entries in it and a statement of the established form (if the statement was drawn up);
c) by the insurer - in case of proven guilt of the carrier under the insurance contract.
7.5. The transfer to other organizations or citizens of the right to file claims and suits is not permitted, except for the cases of transfer of such right provided for in the contract of carriage, charter agreement or insurance contract.
7.6. Claims for compensation for loss, damage and shortages or damage to cargo must be made for each shipment separately.
For homogeneous cargo loaded by one consignor to one consignee, one claim per group of shipments is allowed, but no more than five.
7.7. Claims are drawn up in the form of a claim statement, which must indicate: the subject and brief justification of the claim; the amount of the claim for each individual type of claim; bank details and postal address of the applicant; date of application.
Claim statements must be signed by the head of the organization or his deputy.
7.8. The statement of claim must be accompanied by original or properly certified copies of documents confirming the claims made by the applicant.
Claim statements submitted to the carrier without attaching the necessary documents are returned to the applicant within 10 days. In this case, the period established for filing claims is not interrupted.
7.9. The statement of claim for loss, shortage, spoilage or damage to the cargo, in addition to documents confirming the right to make a claim and the acts specified in clause 7.2, must be accompanied by documents certifying the quantity, quality and cost of the cargo sent, as well as the calculation of the amount claims.
7.10. Claims against the carrier may be brought within the limitation period established by the legislation of the Russian Federation.
The limitation period for claims arising from transportation contracts and charter agreements is one year.
The limitation period is calculated in relation to:
a) compensation for damage (spoilage) or shortage of cargo - from the day of delivery of the cargo or the date of registration of the insured event;
b) compensation for loss of cargo - after 30 days from the date of expiration of the delivery period or the date of registration of the insured event;
