Russian oversized cargo: how super-heavy cargo is transported. How goods were transported in the cities of pre-revolutionary Russia and the USSR Growls transporting goods around the factory scanword

Finally, a high-quality and multifunctional online service “Lucky Everyone” has been created in Runet, which searches for a car for transporting passing, oversized cargo across Russia. We help drivers and their clients find each other for mutual benefit. We have made our site as convenient as possible for both customers and performers.

The “Lucky Everyone” service is especially useful for owners of large vehicles who leave on their return flight “empty”. With us it is convenient to search for passing cargo in Russia for the Gazelle in order to minimize the cost of gasoline and other expenses. And also with our help you can fill a half-empty body to get the maximum profit.

Features of passing flights

Search for passing transportation of goods and cars across Russia on the Lucky Everyone website significantly saves time and effort for drivers. With a happy set of circumstances, you can take an additional order in addition to the main one, which means you can earn twice as much. In addition, the advantages of a passing flight are as follows:

• there is no longer a need to drive the car "empty" in one of the directions;
• it becomes possible to save on fuel and engine depreciation;
• you can use the extra income for yourself;
• this is a great opportunity to work in convenient time, not by necessity.

But before you start looking for a passing, non-tilted cargo for transportation on a Gazelle on the Lucky Everyone website, we would like to remind you of the need to respect the interests of the main customer. Your first task should remain the priority. Meanwhile, violations in relation to the clients of our service also entail a decrease in your reputation on the site and even account deletion. We encourage you to calculate the capacity of your vehicle and plan your trip carefully.

How does our service work?

The Lucky Everyone website does not provide jobs for drivers and transport companies. But we know how and where to find passing cargo for transportation on the Gazelle. In fact, the service is only a dispatcher between carriers and customers. We see our mission as follows:

• optimize the market of logistics services throughout Russia;
• create a database of professional carriers with a reliable reputation;
• help potential customers and contractors find each other;
• allow all market participants to influence pricing.

In pursuit of our goals, we have created a quick and convenient system of criteria, based on which the owner of the vehicle can search for cargo on the way back. Each project completed by the client contains the following information:

• date of transport;
• batch volume and weight;
• point of collection and destination;
• special customer requirements.

Thanks to this data, you can accurately calculate the allowable volume of goods and take on only those tasks that you can handle. Most often, certain categories of related products are popular on our service, for example, home and office furniture, Construction Materials, bulky waste and much more. And if you have special equipment for the transport of food or animals, it will be very easy to find return cargo for organizing transport by truck.

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After going through a quick and simple registration process, you will be able to fully use all the features of the Lucky Everyone service and learn how to find a passing cargo. This means not only looking for a return cargo, but also building your own reputation, gaining the respect of customers, and getting more and more profitable offers.

Our users successfully complete tasks throughout Russia, as well as abroad. Before concluding a deal, you will have the opportunity to discuss all the details and come to a mutually beneficial agreement - this will help you avoid conflicts and dishonest business partners.

To find a site with backload orders, visit the Lucky Everyone service. We are sure that our advantages will not leave you indifferent, and the round-the-clock support service is always ready to answer your questions in case of misunderstandings during the search. Call us at 8-800-555-19-23 or register yourself. Give a new impetus to your business!

Previously, it was believed that motor transport could compete with the railway only at distances up to 1000 km. But the constant growth of rail fares (see graph) makes it economically viable to use vehicles over ever longer distances. “Already, oil cargoes from the Yaroslavl Oil Refinery are transported by cars over a distance of up to 2000 km! This has never happened! ” - exclaims a top manager of a railway operator, talking about switching cargo from railway for vehicles. According to Mikhail Burmistrov, General Director of the Infoline-analytics agency, 2-3% of the total number of goods transported by rail is spent annually on road transport. Road transport is faster, more convenient and often cheaper than rail, shippers explain. In 2013, Russian Railways loaded 1.24 billion tons, and the monopoly predicts that by 2030 the share of goods transported by road will increase to 11%, while by rail it will decrease to 83% (see chart).

But the general decline in production, slowdown in economic growth hit both segments: Russian Railways registers a drop freight traffic, trucking almost did not grow in comparison with last year - even the flow of goods from railway workers does not help road carriers.

Wagon vs. truck

The flow of light and medium cargo to vehicles has been taking place in the last 3-4 years, says the general director transport company PEK Evgeny Firsov. This is also said Commercial Director LLC "Multimodal Container Service" Olga Kartasheva: "For light and medium-sized cargo, which often diverge in small lots, road transport is more convenient and cheaper than rail transport." Delivery of 13 tons of products from St. Petersburg to Alma-Ata in a wagon with a volume of 125 cubic meters. m will cost about 183,000 rubles. excluding VAT, gives the example of Kartashev, and the cost of delivering this cargo by car will be 120,000 rubles. excluding VAT, “accordingly, vehicles are cheaper by 4846 rubles. per ton of product. The cost of transporting a kilogram of cargo from Moscow to Khabarovsk via the DPD express delivery service network using road transport is almost equal to the cost of transportation in the mail and luggage car of the Moscow-Khabarovsk fast train, says Sergey Vlasov, head of the DPD Russia freight organization department.

The main advantages of road transport over rail transport, which all senders talk about, are door-to-door delivery of goods, predictability of delivery time.

The recent trend is the rejection of rail transportation by those shippers who used to be among the main clients of Russian Railways: timber processing companies, cement manufacturers, and metallurgists. Their main complaints about the monopoly are high tariffs, sluggishness and lateness.

In the transportation of cement, the share of rail transport annually decreases by approximately 4-5%: in 2010 it was 65%, in 2013 - already 49.5%, says Denis Nazarov, head of the logistics department at Baselcement. The reasons for this, in addition to the growth of railway tariffs, are the localization of the production of cement and building materials, he explains: over the past five years, several new production facilities have been opened near areas of mass construction, which made delivery by road incomparably more convenient and often cheaper. For the timely delivery of cement by rail, the recipient must submit an application 7-10 days before the date of delivery, and in the case of vehicles - just a day.

“Due to the peculiarities of the products of heavy industry enterprises, it is impossible to significantly redistribute transportation to motor vehicles,” says an employee of a large mining and metallurgical company. “Therefore, although the growth of the share is observed, it is calculated in units of percentage points.” But the number of those who prefer motor vehicles will grow following the growth of the tariff, adds a top manager of another large metallurgical company. Each percentage point increase in the rail fare increases the distance over which it becomes more profitable to transport goods by road, he explains.

In 2015, the Russian Railways tariff will increase by 10%, the government has decided. An increase in Russian Railways tariffs above inflation may have negative consequences for the industry and lead to a reduction in production, an increase in costs, and a loss of profitability, an employee of the mining and metallurgical company warns. Railway tariffs account for more than 10% of the cost of rolled products, according to NP Russian Steel (see graph).

"Arkhbum" ("daughter" of the Arkhangelsk Pulp and Paper Mill, includes two factories for the production of corrugated packaging in the Moscow region) by rail in 2008 shipped 75% of products, or 601,000 tons, in 2013 - already 53.3%, or 436,300 t, says the general director of the plant, Vasily Knyrevich. The reason - "convenient and favorable price and service" of vehicles. The price of transportation along the route Arkhangelsk Pulp and Paper Mill - Podolsk branch of "Arkhbum" from warehouse to warehouse - an average of 1100 rubles. for 1 ton; payment by installments, delivery time - no more than two days, no bureaucratic problems, Knyrevich gives an example. In November, transportation to Podolsk by rail was 40% more expensive, delivery times were weeks, payment was strictly prepaid, he says. " Railway transport is a state within a state,” sums up Knyrevich.

The representative of the railway monopoly believes that Russian Railways is in less favorable conditions compared to road carriers: “Road transport has significant competitive advantages compared to railways - primarily because of the lower financial burden. Russian Railways, at its own expense, maintains and develops the public railway infrastructure, while the state bears the main costs of maintaining roads. In addition, road transport tariffs are not regulated by the state, which allows road transport to quickly respond to market fluctuations by changing prices.”

The main cargoes transported by rail are oil, oil products, coal, lists the general director of the leasing company Transfin-M, Dmitry Zotov. The railway outperforms road transport at distances over 2,000-3,000 km, Kartasheva notes. Rail transport is more convenient and reliable where the paved road network is underdeveloped - in Siberia, the Far East, when transporting large volumes of goods to large industrial facilities or ports, Nazarov says. Railways are also preferable when it comes to bulky cargo that does not require special temperature conditions, when there are large stock time, notes the director of the department transport logistics operator "Molkom" Timur Ratnikov. If in transportation in tons the share of road transport is 4 times more than rail transport, then in ton-kilometers the indicators of rail transport are 9 times higher than road transport, Zotov gives an example.

Competition in crisis

Following the general decline in production, transportation is also falling. Russian Railways predicts a decrease in freight traffic by 1.8% to 1.2145 billion tons, Interfax wrote with reference to financial plan Russian Railways for 2014-2017 Pavel Ilyichev, deputy head of corporate finance at Russian Railways, called the forecast for 2014 "conservative" and based on the forecast of the Ministry of Economic Development, the agency noted. “We have a downward trend. This year, apparently, despite the titanic efforts of workers, cargo owners and manufacturers, we will still hardly be able to rise, ”admitted Russian Railways President Vladimir Yakunin.

The situation is no better for carriers. The road freight transport market has slowed its growth rate to almost zero: according to Rosstat, road transport turnover in the first nine months amounted to 180.4 billion ton-kilometers, which is only 0.2% more than last year. For comparison: over the same period in 2013, the cargo turnover increased by 1.2%. Kamaz says it reduced sales in Russia by 13.5% to 23,013 in the first nine months of 2014 trucks. The market at the same time fell by 8.8%.

Some carriers, however, do not yet feel a significant drop. DPD shipped 9.9 million parcels in the first nine months of 2014, up 15% year-on-year, says Yuri Minakov, head of DPD's road and rail transportation organization in Russia. Cargo turnover of the company "Autotrading" for this period increased by 7% to 225,000 tons. The head of GC "Intertransavto" Alexander Volik says that for the three quarters of 2014 the number of flights in the company increased by 14.5% compared to the same period in 2013 g, without specifying the turnover.

Nevertheless, market participants record a decrease in the volume of the average cargo. In the PEK company, this figure fell by 0.1 cubic meters over the year. m to 0.9 cu. m, breaking the psychological barrier of 1 cu. m, says PEK CEO Evgeny Firsov. “In the last six months, a trend is clearly visible: those who used to send a truck send half a truck, instead of 500 kg - now 100 kg,” confirms Vladimir Kidyaev, director of the Gruz-Express delivery service.

The reason is the general economic downturn: the slowdown in the implementation of new projects, the outflow of investments from Russia and inertia on construction market. Industries that carriers depend on - construction, manufacturing and the consumer sector - are falling throughout the year, all players surveyed say. According to Rosstat, the index industrial production in January-September, compared with January-September last year, it increased by 1.5%, and the volume of work performed by the type of activity "construction" fell by 3.3% over the same period.

The problems of consignors were felt in the company Intertransavto, which began to have problems with receivables. “There was nothing like this in previous crises,” says Volik. - We specialize in working with largest enterprises Yekaterinburg and the region, the volume of transportation of such companies is very large. All these organizations operate on a significant deferred payment. Hence the huge receivables. According to him, Intertransavto's receivables have now reached a historical maximum.

The situation is aggravated by the food embargo and the depreciation of the ruble.

Due to the sanctions, some carriers that carried out direct deliveries to Europe were forced to switch to domestic market, says the chairman of the board of NP "Gruzavtotrans" Vladimir Matyagin. According to him, this has led to competition and curbing the growth of transportation prices. Prices over the past few years have been indexed only to inflation. The average cost of 1 cu. m of groupage cargo for inter-terminal transportation in the Russian market in 2011 amounted to 1921 rubles. (in the calculation, all existing directions and distances were taken into account), calculated in the PEK company based on their orders. In 2014, this figure reached 2878 rubles. Carriers have become more loyal, Vlasov from DPD confirms: “They fix the cost of transportation for a long period - from one to two years. At the same time, we agree with them that a change in tariffs is possible only if the cost of automotive fuel increases by more than 10% of the price fixed at the time of signing the contract.”

“Now we do not notice the effect of the fall in the exchange rate and the decrease in purchasing power - stocks of consumer goods are usually purchased 2-2.5 months in advance, especially since soon New Year, - says Firsov from PEK. “Perhaps we will feel a decline in cargo turnover, but after the New Year.” The main effect of the imposition of sanctions should also be expected after the New Year, agrees Pavel Zelyukin, director of the Vovovoz company: “The scale of losses will be clear later, when it becomes known how the European Union and, most importantly, the main importers from European countries will behave in 2015 .".

Russian Railways response

According to Matyagin, 35-40% of the cost road transport- the price of fuel, which has risen by about 30% over the past three years. Many carriers are on the verge of survival, he says, in order to maintain a positive profitability of the business, they have to break the law: go on a flight with overloads, on old cars with technical problems, etc.

In order to compete more successfully with motor transport, Russian Railways proposed to cancel tariff regulation rail transport at a distance of up to 1000 km, but the FTS did not agree with this. Then RZD found another way. “In order to save cargo, Russian Railways provides the client with Additional services: transshipment at the port, sea freight, scheduled transportation, organization of transportation through the territory of foreign railway administrations, as well as the transition to electronic document management, - says the representative of the monopoly. “On a number of routes, the company is ready to offer the client a single through rate for the entire route of the cargo from the seller to the buyer.”

Code of Administrative Offenses of the Russian Federation, which establishes liability for violation of the rules for the movement of a heavy and large vehicle. The most radical change was that now not only the carrier, but also the consignor is recognized as the subject of this offense. In particular, Part 10 of Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation now provides for a consignor who allowed loading in excess of established norms, a fine from 80 thousand to 100 thousand rubles. - for entrepreneurs and from 250 thousand to 400 thousand rubles. - for organizations.

And if carriers and vehicle owners, as a rule, are quite familiar with the pitfalls in this area, then for shippers entering this pool for the first time, many things may seem incomprehensible and unexpected. Of course, we are not talking about pleasant surprises in this case.

The goods need to be shipped with a margin of 2-3 tons compared to the norm

Permissible weights Vehicle and allowable axial loads are provided for in Annexes No. and to the Rules for the Transportation of Goods by Road (approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272).

So, for example, a five-axle road train consisting of a two-axle tractor with a three-axle semi-trailer, according to Appendix No. 1, must have a total mass (gross weight) of not more than 40 tons. It would seem that everything is simple: if the mass of a vehicle without cargo is 13 tons, then, having loaded 27 tons, the sender can sleep peacefully, because the total weight is 40 tons. But no.

It should be taken into account that weighing equipment at weight control points (especially at mobile weight control points) shows values ​​that differ significantly from those shown by the sender's equipment. Despite the fact that both equipment, as a rule, is "verified in the prescribed manner." In practice, such discrepancies can reach 2-3 tons or even more. Therefore, even a reserve of 1 ton does not seem sufficient. It is optimal to load according to the scheme: “the norm minus the mass of the vehicle minus 2 tons (or even 3)”, otherwise there is a high probability of claims. Of course, the smaller the amount of cargo, the higher the cost and delivery price.

I would like to draw attention to the fact that, despite the presumption of innocence (Article 1.5 of the Code of Administrative Offenses of the Russian Federation), the courts, as a rule, ignore the indications of the sender's scales (even the most accurate ones) and unconditionally trust the indications of the scales of the weight control posts (the evidence for them, as a rule, , there is). Therefore, one should not have special illusions on this score and expect that it will be possible to challenge the results of the weighing in court. Although, of course, in the event of a dispute, such discrepancies in without fail should be included as one of the reasons.

There is an opinion that overloading along the axes with a “normative” total mass is not punishable. Especially often this position is expressed in relation to bulk and liquid cargo. Fortunately, this view is becoming less and less common: liability for violation of axial loads is no different from liability for exceeding the total mass of the load, and there are no concessions here and are not expected.

At the same time, in practice, weighting along the axes is practically not carried out by shippers, which creates additional risks of attraction under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation. Indeed, without checking the axial loads at all during loading, the sender will not be able to refer to the fact that he has taken all measures to prevent the offense.

The driver is not to blame for the displacement of bulk cargo during transportation, because he cannot control it

Transportation of loose and liquid cargoes has a certain specificity. The point is that, due to their physical properties these loads are shifted during the movement, and the driver has no real levers of control over the distribution of the load: in practice, drivers can “pull” the car, trying to distribute the load evenly, but this is all done, as they say, by eye. The position and axial weighing of bulk or liquid cargo during loading does not quite improve: as already mentioned, the courts believe the scales at the weight control point. Although, perhaps, the sender will be able to convince the court that the cargo has shifted after loading, and that it is not his fault.

It should be noted that there are a number of positive decisions on this issue at the level of the courts of the subject and district courts. The decisions indicate that the excess of the axial load for bulk cargo does not constitute an offense under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, since the driver (carrier) cannot control its distribution during the movement due to the displacement of the load, and, accordingly, there is no driver's fault.

This position, in particular, was reflected in a number of judicial acts.

Thus, in one of the cases, the regional court indicated that the district court unreasonably rejected the driver's explanation that the axle load was due to the sudden braking of the car, as a result of which the uneven distribution of the transported cargo was revealed. When loading cement and leaving the cement truck on the roads, it was weighed 35 tons (with a permitted weight of 40 tons) and there was no excess of the axial load. However, while the car was traveling through the mountainous terrain, the cargo could shift in the cement truck, and this fact cannot be established on the road without scales. At the same time, by virtue of Part 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person. Based on this, the court referred the case for a new trial (decision of the Krasnodar Regional Court dated July 12, 2012 in case No. 12-1093/2011).

In another similar case involving a cement carrier, the court also sided with the carrier. The court noted that when weighing a car with a transported load, the weight control inspector, in calculating the fee for compensation for damage caused by the vehicle, did not describe the conditions under which the weighing was carried out. So, the document did not indicate on which surface the car was weighed, whether given surface flat or had a slope, the nature of the transported cargo was also not taken into account - cement, which has loose properties and moves in a container during movement. In addition, in calculating the fee for compensation for damage caused by the vehicle, the possible errors of the scales used when weighing the car with the load were not indicated, and therefore this error was not taken into account (decision of the Topkinsky City Court of the Kemerovo Region dated 06.03.2014 to case No. 12-24/14).

In another case, the court considered that the driver was not guilty of exceeding the permissible load on one of the flour truck axles, since flour is a loose, mobile dust load. When the car is moving, the dust load is distributed over the tank depending on the driving mode (speed pickup, braking, etc.), as well as the road topography (descent, ascent). Accordingly, the driver of the vehicle cannot control the load on the axles of the vehicle (decision of the Primorsky District Court of Novorossiysk dated March 20, 2014 in case No. 12-32-14).

The courts adhered to a similar position in other cases (decisions of the Krasnoarmeisky District Court of the Krasnodar Territory of March 2, 2012 No. 12-15 / 2012, the Adler District Court of Sochi of the Krasnodar Territory of February 13, 2013 No. 12-29 / 13, the Abinsky District Court of the Krasnodar Territory dated 11.09.2015 No. 12-42/2014; decision of the justice of the peace of the judicial district No. 15 of the city of Gelendzhik, Krasnodar Territory dated 29.08.2013 No. 15/5-1265/2013).

In addition to penalties, overloading may also lead to the detention of the vehicle (Article 27.13 of the Code of Administrative Offenses of the Russian Federation). Unfortunately, to influence the situation on the spot, without risking prosecution under Art. 19.3 of the Code of Administrative Offenses of the Russian Federation for failure to comply with the requirements of a police officer is impossible: having drawn up a protocol on administrative offenses under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, a policeman can detain a car, period. However, subsequently, losses (including, apparently, lost profits) can be tried to recover from Russian Federation(based on the provisions of clause 9 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 2011 No. 145).

Courts often ignore the specifics of bulk cargo when holding a carrier liable

In practice, there are judicial acts that ignore arguments about the impossibility of evenly distributing the axial load when transporting bulk cargo. The judges mainly rely here on the fact that the legislation does not establish any exceptions regarding the type of cargo.

In such cases, the courts proceed from the formal signs of the offense committed - the presence of an excess of the axial load, the absence of grounds for challenging the readings of the scales at the weight control point and, accordingly, the legitimacy of holding the carrier liable (decisions of the Krasnosulinsky District Court of the Rostov Region dated April 15, 2015 in case No. 12 -37/2015, Efremovskiy District Court of the Tula Region dated 05/05/2015 in case No. 12-24/2015, Zernogradsky District Court of the Rostov Region dated 06/26/2015 in case No. 12-95/2015). At the same time, the arguments about the absence of overload in terms of the total mass, the nature of the cargo and the insignificance of the overload are rejected by the courts.

And this, in general, is true, the law does not really make any reservations regarding the nature of the cargo being transported. But, on the other hand, it is not clear how physically the driver should control the distribution of bulk or liquid cargo? Moreover, it is not clear how such placement should be controlled by the consignor?

In essence, such a formal approach means objective imputation - responsibility without guilt. At the same time, in informal conversations, law enforcement officers and judges often recommend “loading less”, forgetting that, for example, 20 tons of cement in a tank can move so that one of the axles will be 2–3 tons overweight, while others axial load will not reach even half of the norm.

Transportation and delivery of goods is as old as the world. First land-caravan, then sea. The current time is characterized by a different scale and pace. Transportation of goods from producers to customers is one of the first "professions" of the car, not as bright and heroic as service in the fire department or at the ambulance station, but no less significant.

As soon as the car ceased to be a capricious and expensive toy and turned from an “exotic” into a vehicle that could successfully compete with horse-drawn counterparts, it was noticed by “services” using horse traction in their work. The military and fire departments turned their faces to the "self-propelled wagons" decisively, without regard to the cost of their operation. Representatives of the trade for some time watched the development of motoring wary.

The point of commerce is to make a profit, which means that the use of vehicles to transport goods only made sense when it became truly profitable. It was necessary to wait for the cheapening of the machines themselves, increasing their carrying capacity and reliability. As soon as progress made it possible to comply with all of the above conditions, enterprising businessmen began to create specialized cargo garages - analogues of modern car depots. Representatives trading business entered into agreements with them transport service. It was more profitable than starting (and maintaining) your own fleet of vehicles.

Fleet of MKK

The replacement of cart drivers by trucks and vans in the already existing structure of commercial transportation was, literally and figuratively, a matter of technology. Moreover, the delivery of goods over short distances in urban conditions did not require vehicles to have either increased cross-country ability, or super-reliability, or high carrying capacity.

A specialized bus for transporting shoes on a ZIS chassis with a body Aremkuz

It is interesting that by the time of the motorization of commercial transportation, devices already existed that made it possible to "reconcile" the specifics of the goods with the conditions of transportation. First of all, we are talking about perishable products. In 1803, American entrepreneur Thomas Moore created a container that could store food for a long time. He patented it under the name "refrigerator".

PAZ refrigerators and isothermal vans were very popular in the USSR. Because of the image of penguins on the back door, the people called them that: "penguins".

The main part of the transport fleet engaged in the delivery of goods to outlets, make up ordinary vans, which are commonly called manufactured goods, although they can be transported as piece-packed manufactured goods, and food products that do not require special conditions transportation, and isothermal vans. The walls of the latter are sheathed with special materials to maintain certain temperature conditions inside the body (thermal insulation), for example, for transporting freezing products in winter (milk, juices, etc.), and in summer for goods that deteriorate at high temperatures ( sausages, butter, eggs, etc.).

Van on the GAZ-51A chassis, re-equipped for the transport of light cargo

The third, very few due to high cost, type of vans - refrigerators. They are equipped with refrigeration units and can independently maintain a certain temperature in the body for a long time. Such machines are used for the transportation of chilled and frozen products. Mass production of thermally insulated vans was established in the second half of the 1930s, after Mikoyan noted in his speech at the All-Union Conference of Refrigerators in March 1935 that our refrigeration industry has a backward sector - refrigerated vehicles.

Van on GAZ-51A chassis for transporting beer

In the same year, the People's Commissariat of Food Industry of the USSR at the Odessa plant "Frigator" organized piece production of refrigerator cars on the GAZ-AA and ZIS-12 chassis according to the projects of the All-Union Research Refrigeration Institute. True, at that moment the domestic industry was not yet ready to produce compact refrigeration units that could be installed on a car, so the body was cooled using dry ice or an ice-salt mixture. They had to be loaded into a special compartment of the car before each trip.

A road train with a GAZ-51P truck tractor and a manufactured goods semi-trailer

In the pre-war years, many bodywork enterprises made their contribution to the provision of trade in specialized vehicles: the Moscow Autobody and Gorky Bodyworks, which manufacture isothermal vans on the “three-ton” and “one and a half” chassis, respectively; Transport Reconstruction Plant in Moscow, producing luxury vans; Workshops of the motor depot of the meat-packing plant named after Mikoyan and the Leningrad Meat Processing Plant, providing themselves with specialized vehicles for transporting meat carcasses, etc.

Special bus PAZ-651 for the transport of clothes

After the war, the ruined economy had to be restored. But life gradually improved. At the end of 1947, the card system introduced in 1941 was abolished. In 1950, the production of food and light industry reached the pre-war level, the trading network was restored. At the same time, the consolidation of motor depots engaged in the transportation of goods took place. If earlier each meat processing plant or factory tried to have its own transport, then after the war there is a centralization of such transportation. Instead of hundreds of small car depots, or even just parking lots, sometimes not even having a garage for quality repairs, car factories are being formed. On the basis of summary schedules at motor transport enterprises, dispatchers developed optimal routes for the delivery of goods.

Van on ZIL-130 chassis for transportation of milk

By this time, the General requirements applied to specialized bodies. Here are just a few of them: "... the inner lining of the bodies of vans intended for the transport food products, must ensure the possibility of sanitation; the body structure should provide the possibility of loading and unloading from two sides, which is achieved by increasing the number of doors and using various loading and unloading mechanisms (loaders, conveyors, roller tables, etc.); doorways should be as large as possible: at least 1200 mm in width and 1700 mm in height; body doors must have a reliable seal and be equipped with locks (locks) with latches and devices for sealing; the floor of the body, if possible, should be smooth, without wheel niches, since the presence of the latter limits the use of the internal overall dimensions of the body.

Furniture van on GAZ-52A chassis

By the mid-1960s, state regulations divided all transported goods into narrow nomenclature groups. At the same time, the specialization of the rolling stock is expanding. New models of equipment are being created, designed for transportation of only one nomenclature group. For example, the Aremkuz Moscow plant created a specialized van for transporting ready-made dresses and coats on rails so that the “commodity” appearance of products would not be lost during transportation, and the Gorky Specialized Vehicle Plant created vans for transporting medicines.

Road train for transporting furniture with a truck tractor GAZ-51P

In the 70s and 80s, vans appeared equipped with several side doors, sometimes sliding, in order to load the car with goods pre-packed into pallets from different sides using forklifts. Container transportation of goods in special small carts on wheels is gaining popularity. For their transportation, vans with rear load-lifting boards are used. One of the first in the country, the production of such vans was established by the Tartu car repair plant (Estonia) and the Moscow ARZ No. shopping room, and from them trade was carried out, for example, vegetables and groceries.

TA 3763 for container transportation

Interesting Facts

In the 60s, Lutsk became one of the leading manufacturers of isothermal vans machine building plant(later - LuAZ). The most widely used 4.5-ton refrigerated vans LuAZ-890B based on ZIL-130, however, in the assortment of the enterprise there were less famous models. For example, the LuMZ-945 refrigerator car based on the Moskvich-432 van. The FGK-07 refrigeration unit was located in this car next to the driver's seat, and in the body, sheathed from the inside with sheet aluminum and equipped with a foam thermal insulation layer, there were two cold accumulators.

The Ulyanovsk Automobile Plant also contributed to replenishing the fleet of delivery vans. Rear-wheel drive modifications of all-wheel drive vehicles - UAZ-451 and UAZ-451M vans - were of no interest to the armed forces, but in the field of transportation they occupied a vacant intermediate position between vans based on the Moskvich-432 station wagon and full-size "booths" on a truck chassis.

In the 1950s and 1960s, one of the most major manufacturers specialized bodies in our country was the Gorky plant of commercial engineering. It is not difficult to guess that GAZ truck chassis served as the basis for the products of this enterprise. Initially 51 and 51A, later - 52A and 53A, mainly with an elongated frame. This made it possible to equip cars with increased capacity bodies, which made it possible to more efficiently use the carrying capacity of cars.

In the mid-60s, the line of Gorky vans was quite large and diverse: an isothermal van for transporting perishable products GZTM-95E and a van for transporting industrial and food products GZTM-952 (both based on the GAZ-51 A with an extended frame). An isothermal van based on the GAZ-53A chassis was designated GZTM-950, a general-purpose van based on the GAZ-52A - GZTM-891. The van for transporting furniture on the GAZ-51 A chassis was called GZTM-954, and on the GAZ-52 A chassis - G31M-893A.

The appearance in the USSR in the second half of the 1930s of refrigerated vehicles not only helped to reduce the loss of perishable products during transportation, but also made it possible to significantly diversify the assortment of meat and fish products on store shelves. Correct conditions of transportation made it possible to deliver to trading network meat not only in whole carcasses, but also in chopped and packaged form. The fish began to be cleaned of scales, entrails, fins and bones, thanks to which the fillet went on sale. In addition, it became possible to optimize the delivery routes for perishable products, since “transportation without losses” made unnecessary the previously inevitable intermediate loading and unloading in stationary freezing points.

Refrigerator car 1AH on GAZ-51A chassis

In the 50s, not only specialized enterprises, but also some automobile plants were engaged in the production of specialized bodies. For example, the Pavlovsk Bus Plant on the GAZ-51 chassis produced not only buses, but also vans for transportation bakery products PAZ-657. The car body had four double doors on the right wall and was divided into four compartments with trusses and guides for stacking trays. Its volume was 13.5 m3. Complete with this van, a PAZ-658 single-axle trailer with three double doors and three tray compartments could be used. The volume of the trailer was 5.9 m3. In addition, on the basis of the “bread truck”, a PAZ-661 van for transporting clothes and a PAZ-659 mobile shop were produced, which differed from the basic modification in the location of doors, windows and the internal layout of the body.

1. On June 20, the Mayak plant filed a lawsuit against the Administration of the Northern Railway to recover a fine for failure to comply with accepted applications for the transportation of goods in February and March and to compensate for losses incurred by the plant in the form of a penalty paid by the plant to its customers for delaying the delivery of products due to non-delivery of the road wagons. The Road Administration put forward the following objections to the claim: 1. With regard to the collection of a fine for failure to comply with the transportation plan, the plaintiff violated the claim procedure provided for by the Charter of Railway Transport. The calculation of the amount of the fine due was reported to the plaintiff: for February - on March 6, and for March - on April 12. The claim by the plaintiff was filed only on May 20, that is, with a missed deadline, in connection with which it was returned to the plaintiff without consideration; 2. The recovery of the remaining amounts is not provided for by the Charter, since they represent claims for compensation for losses incurred by the claimant under its obligations. The plant insisted on satisfying its claims, stating that the current legislation does not establish a time limit for filing a claim, and the losses it incurred are the result of unfulfilled applications for the transportation of goods accepted by the road. Who is right in this dispute and how should the case be resolved?

Article 794

1. The carrier for failure to provide vehicles for the carriage of goods in accordance with the accepted application (order) or other agreement, and the sender for failure to present the goods or non-use of submitted vehicles for other reasons, shall bear responsibility established by transport charters and codes, as well as by agreement of the parties.2 . The carrier and consignor of the cargo are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to: force majeure, as well as other natural phenomena and military operations; termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by the relevant transport charter or code; in other cases provided for by transport charters and codes.

Further, referring to UZhT, Art. 123 UZHT, claims against carriers must be filed within 6 months. The UZT also has a 45-day time limit for filing claims for fines and penalties. Our question concerns the payment of fines. Accordingly, JSC Russian Railways is not obliged to pay a fine, as stated in the task. The calculation of the fine amounts due was reported to the plaintiff: for February - on March 6, and for March - on April 12. The plaintiff had a real opportunity to file a claim earlier, and the claim by the plaintiff was filed only on May 20, i.е. for 45 days, the plaintiff did not have time to do this. As for the issue of the losses incurred by the Mayak plant, yes, they are the result of the railway's failure to fulfill the accepted applications for the carriage of goods, but according to Art. 393 of the Civil Code of the Russian Federation, the main form of liability for non-performance or improper performance of an obligation is compensation for damages. The damage caused by a faulty debtor is not only a basis, but also a measure of civil liability in the form of compensation for losses.

In contrast to these general provisions of civil law, transport legislation excludes liability in the form of compensation for damages for failure to fulfill an application (order) for transportation, causing any damage to the consignor by this failure to fulfill. This responsibility is established in the form of a fine.

2. In accordance with a long-term contract for the organization of transportation and ten-day applications from the consignor - the Apatit association, the railway had to submit 300 wagons to the association for the transportation of goods in April (in equal batches every ten days). The carrier, knowing that the association has a large amount of mined ore to be transported, delivered 120 wagons in the first decade in order to thicken the supply instead of 100 wagons. The association, having loaded 100 wagons, refused to load 20 wagons, giving no reasons for its refusal.

In the second ten-day period, instead of 100 wagons, the railway delivered 80 wagons, and in the third decade, 100 wagons, in accordance with the consignor's request.

The association "Apatit" filed a claim against the carrier for the recovery of a fine for non-fulfillment of the application for transportation - failure to deliver 20 wagons in the second decade.

Objecting to the claim, the carrier pointed out that the shipper's claim was unreasonable, since 80 wagons were delivered in the second decade, taking into account 20 wagons delivered but not loaded by the sender in the first decade. In addition, in general, 300 wagons were shipped during the month and, therefore, the total volume of traffic was completed.

In turn, the railway filed a lawsuit against the Apatit association to recover a fine for underloading 20 wagons in the first ten days and losses caused by the demurrage of wagons for this reason.

Analyze the arguments of the parties and resolve the dispute on the merits.

According to Article 798 of the Civil Code of the Russian Federation, under an agreement on the organization of transportation, the carrier and the cargo owner, if it is necessary to carry out systematic transportation of goods, can conclude long-term agreements on the organization of transportation. Under an agreement on the organization of transportation of goods, the carrier undertakes to accept, and the cargo owner, to present for transportation goods in the stipulated volume within the established time limits. The agreement on the organization of transportation of goods determines the volumes, terms and other conditions for the provision of vehicles and the presentation of goods for transportation, the procedure for settlements, as well as other conditions for organizing transportation.

Article 785 of the Civil Code of the Russian Federation defines the essence of the contract for the carriage of goods. Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.

Article 791 of the Civil Code of the Russian Federation establishes the obligation of the carrier to submit vehicles for loading or unloading cargo. The carrier is obliged to submit to the sender of cargo for loading within the time period established by the application (order) received from him, the contract of carriage or the contract on the organization of transportation, serviceable vehicles in a condition suitable for the carriage of the corresponding cargo. The sender of the cargo has the right to refuse the submitted vehicles that are not suitable for the carriage of the corresponding cargo. Loading (unloading) of cargo is carried out by a transport organization or a sender (recipient) in the manner prescribed by the contract, in compliance with the provisions established by transport charters and codes and rules issued in accordance with them. Loading (unloading) of cargo, carried out by the forces and means of the sender (recipient) of the cargo, must be carried out within the time limits stipulated by the contract, unless such time limits are established by transport charters and codes and rules issued in accordance with them.

Article 11 of the Federal Law of January 10, 2003 N 18-FZ "Charter of the Railway Transport of the Russian Federation" states that in order to transport goods by rail, the consignor submits to the carrier an application for the carriage of goods duly executed and in the required number of copies (hereinafter referred to as the application) . The application is submitted by the consignor indicating the number of wagons and tons, railway stations of destination and other information provided for by the rules for the carriage of goods by rail. In the application, the consignor must indicate the period of validity of the application, but not more than forty-five days.

Article 793 of the Civil Code of the Russian Federation defines liability for violation of transportation obligations. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties shall bear the responsibility established by this Code, transport charters and codes, as well as by agreement of the parties.

Thus, since the application filed by the Apatit association for the first time provided for the use of 100 wagons, and not 120, the refusal of 20 extra wagons was JUSTIFIED (these 20 wagons were filed at the initiative of the railway and contradicted the agreement - “in equal lots ten days” ). This circumstance does not release the railroad in pursuance of the agreement to provide the association with 100 wagons upon receipt of the second application for long-term transportation. Therefore, since the railway has improperly fulfilled its transportation obligations, therefore, the railway must bear the responsibility provided for by the legislation of the Russian Federation.

3. At the conclusion annual contract for the carriage of goods by road between the motor transport enterprise and the consignor, disagreements arose under the terms of the contract. The road transport company included the following conditions in the project: The consignor is responsible for all consequences of incorrect loading of the cargo, including damage to the means of transport and the safety of transportation. The consignor does not agree with this condition, since, according to the rules for the transportation of goods, their loading onto a car is carried out under the supervision of a driver of a car company. The motor transport enterprise shall be relieved from liability for non-delivery of vehicles if, by decision of the competent authorities, vehicles will be involved in the performance of state tasks. The shipper pointed out the illegality of this condition as well. In turn, the consignor insisted on including the following conditions in the contract: The motor transport company compensates the consignor for losses caused by the delay in delivery of goods to the recipient. The consignor is not responsible for the failure to present the goods if he warns the transport company 2 hours before the delivery of the means of transport. The automobile enterprise objected to these conditions. How should this dispute be resolved?

The motor transport company wrongfully objected to this paragraph, because according to Art. 138 of the Charter Road Transport Russian Federation (UAT RF), a motor transport company is obliged to compensate the consignor for losses caused by the delay in the delivery of goods to the recipient. 2. The objections of the automobile enterprise against the second paragraph of the draft are legitimate, since, according to Art. 103 UAT RF, the consignor is liable in the form of a fine for failure to present the cargo, and the consignor is obliged to notify the motor transport company 24 hours in advance of receiving the goods and paying for it.

4. The Novgorod plant "Rheostat" shipped electric motors for portal cranes to the plant of lifting and transport equipment. The shipment arrived 10 days late. Due to the untimely delivery of motors, the plant did not fulfill its obligations to supply cranes to the port of Murmansk and paid the latter a penalty for violating the terms of the contract. In this regard, the hoisting and transport equipment plant filed a lawsuit against the Oktyabrskaya Railway Administration to recover a fine from the road for delaying the delivery of cargo (electric motors) and to compensate for the losses incurred by it through the fault of the road caused by the payment of a penalty to the buyer for the late delivery of cranes and a fine to the Baltic Shipping Company for non-provision of cargo (cranes) for transportation. Are factory requirements to be met?

In accordance with part 3 of article 38 of the Arbitration Procedure Code of the Russian Federation, a claim against the carrier arising from a contract for the carriage of goods is presented in Court of Arbitration at the location of the carrier. According to the Federal Law “On the peculiarities of managing and disposing of the property of railway transport” dated February 27, 2003 No. 29-FZ, in the process of privatizing the property of the federal railway transport, Russian Railways OJSC was established, which, in particular, transports goods, passengers, luggage, cargo luggage .

Therefore, if the plaintiff filed a claim against JSC Russian Railways at the location of a branch of this JSC, then such a claim is subject to consideration on the merits by this court, without submitting it for consideration at the location of the central JSC Russian Railways. Those. is considered by the arbitration court at the location of the branch itself, and not in Moscow.

The requirements of the plant, in this regard, are fully subject to satisfaction.

5. CJSC "Silhouette" filed a claim against the Railway Administration for the recovery of damages arising from the markdown of damaged cargo transported in a container and arrived at its destination with traces of wetting.

The claim filed by the plaintiff was rejected by the road referring to the fault of the consignor, who loaded the cargo into a technically faulty container, which had a divergence of welds in the roof, which was reflected in the commercial act.

Siluet CJSC insisted on satisfying the claim, pointing out that the responsibility for damage to the cargo should be laid on the railway, since the shipper could not notice these defects in the container when loading the cargo, since they were discovered only under artificial lighting in the dark.

Is the claim of CJSC "Silhouette" subject to satisfaction?

The carrier is released from liability for non-fulfillment of the plan (agreed volume) of transportation, if this happened: due to natural phenomena, prohibition, termination or restriction of transportation in the prescribed manner and in other cases provided for by law. Since the container that was prepared by the Railway Department was initially not fixed, and not in cases natural disaster, accidents, then the management is solely responsible. These are their failures. lawsuitJoint-Stock Company "Silhouet" is subject to satisfaction completely.

6. The Khladokombinat filed a lawsuit against the carrier, the Moscow Railway, and against the supplier, the meat processing plant, to recover the cost of the missing meat from the proper defendant. The cargo arrived in a serviceable wagon, but without the shipper's seal. When it was opened, it turned out that the car was loaded to its full capacity, and the missing amount of cargo could not fit. The meat (carcass) had no cuts or other damage. These circumstances were confirmed by the forwarder of the meat processing plant and reflected in the commercial act.

Who should be responsible for missing cargo? Will the decision change if the wagon loaded by the sender arrived at the destination station in good condition and with its seals?

Article 28 of the Federal Law of January 10, 2003 N 18-FZ "Charter of Railway Transport of the Russian Federation" states that loaded wagons, containers must be sealed with locking and sealing devices by carriers and at their expense, if loading is provided by carriers, or consignors (senders ) and at their expense, if loading is provided by consignors (senders). In cases specified by the rules for the carriage of goods by rail, empty wagons, containers must be sealed in the manner established for loaded wagons, containers.

Covered wagons, containers when transporting goods in them for personal, family, household and other needs not related to business activities must be sealed by the carrier or an authorized person of the consignor (sender) at the expense of the consignor (sender).

In case of opening wagons, containers for customs inspection or other types of state control by customs authorities or other state control (supervision) bodies, wagons, containers must be sealed with new locking and sealing devices.

Costs of the carrier for the provision of locking and sealing devices customs authorities or other bodies of state control (supervision) are reimbursed at the expense of consignors (senders), consignees (recipients).

General requirements for locking and sealing devices used in railway transport for sealing cars, containers, as well as a list of goods that are allowed to be transported in cars, containers without locking and sealing devices, but with the mandatory installation of twists, are established by the federal body executive power in the field of rail transport.

The types of locking and sealing devices and twists used for sealing, the procedure for accounting, storage and disposal of locking and sealing devices are established by the carrier.

Providing consignors with locking and sealing devices and twists is carried out under the contract.

In accordance with paragraph 3 of the Order of the Ministry of Railways of the Russian Federation of June 17, 2003 N 24 "On Approval of the Rules for Sealing Cars and Containers in Railway Transport", carcass meat is not included in the list of goods that can be transported in containers, tanks, covered and specialized wagons without locking and sealing devices, but with the obligatory use of a twist. Thus, the wagon with this cargo was subject to mandatory sealing.

Article 796 of the Civil Code of the Russian Federation establishes the liability of the carrier for the loss, shortage and damage (spoilage) of cargo or baggage. The carrier is responsible for the failure of cargo or baggage that occurred after it was accepted for transportation and before issuance to the consignee, a person authorized by him or a person authorized to receive baggage, unless he proves that the loss, shortage or damage (spoilage) of cargo or baggage occurred due to circumstances which the carrier could not prevent and the elimination of which did not depend on him.

Thus, if it is established that the carrier accepted the consignor's cargo on the consignment note and loaded the cargo himself, then the responsibility for the shortage of cargo will be borne by the Moscow Railway.

If it is established that the wagon was loaded by the sender and arrived at the destination station in good condition and with the seals of the sender, then the responsibility for the shortage of cargo must be borne by the shipper.

7. During the transportation of a half-woolen cloth from Staraya Russa to St. Petersburg by a motor vehicle of the automobile enterprise No. 5, a fire broke out on the motor vehicle, as a result of which part of the cargo died, and the remaining cloth was damaged. The stated claim, and subsequently the claim for compensation for the cost of the lost and damaged cargo, was rejected by the auto company. The defendant referred to the unsuitability of the car for the transportation of the specified cargo, i.e. its malfunction in commercial terms, for which the consignor is responsible. The car was provided to the plaintiff for the transportation of equipment in Staraya Russa, and not for the transportation of half-woolen linen, with which the car was loaded during its return journey. Such cargo as a canvas must be transported in a special vehicle.

When considering the case, it turned out that the cause of the fire was a technical malfunction of the car - at a speed of 60-65 km per hour, the cardan shaft was disconnected, which hit the gas tank, pierced it, which is why the car caught fire.

What decision should the arbitral tribunal make?

Answer

Article 123 of the Federal Law of January 10, 2003 N 18-FZ "Charter of the Railway Transport of the Russian Federation" states that claims against carriers can be made within six months, claims for fines and penalties - within forty-five days. The specified terms for filing claims are calculated in relation to: compensation for damage (spoilage) or shortage of cargo, luggage, cargo luggage from the date of delivery of cargo, luggage or cargo luggage;

Article 797 of the Civil Code of the Russian Federation established the rules for filing claims and suits for the carriage of goods. Before filing a claim against the carrier arising from the carriage of goods, it is mandatory to file a claim with him in the manner prescribed by the relevant transport charter or code. A claim against the carrier may be brought by the consignor or consignee in the event of a complete or partial refusal of the carrier to satisfy the claim or failure to receive a response from the carrier within thirty days. The limitation period for claims arising from the carriage of goods is set at one year from the moment determined in accordance with transport charters and codes.

Article 197 of the Civil Code of the Russian Federation establishes rules on special limitation periods. For certain types of claims, the law may establish special limitation periods, reduced or longer in comparison with the general period. The rules of articles 195, 198 - 207 of the Civil Code also apply to special periods of limitation, unless otherwise provided by law.

Article 199 of the Civil Code of the Russian Federation establishes that the claim for the protection of a violated right is accepted for consideration by the court, regardless of the expiration of the limitation period. The limitation period is applied by the court only at the request of the party to the dispute, made before the court makes a decision. The expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court to issue a decision to dismiss the claim.

Thus, since it is clear that 1 year 10 months and 14 days have passed from the moment the commercial act was drawn up (that is, from the moment when the consignee found out about the violation of his rights) and before he made a claim against the carrier, the court must make a decision to refuse in a lawsuit.