Transport laws. Transport code and transport charters of the Russian Federation. The specifics of the application of the norms

The transport sector is considered a connecting element in the economy of any country. She represents large complex covering existing species production, exchange and distribution. Of course, the relations that are developing in this industry cannot remain without regulation. Today, transport legislation in the Russian Federation is developing in a somewhat specific way. Consider further its features.

General information

As you know, the legal relations of participants in civil circulation are regulated by the Civil Code. Chapter 40 of the Code defines and regulates only the most important provisions relating to the carriage of passengers and goods, and the fulfillment of other obligations. The corresponding norms should be taken into account in the transport legislation in force in the Russian Federation. It does not matter whether they are present in sectoral legal acts or not.

Fundamentals of transport legislation

The general rules enshrined in Ch. 40 of the Civil Code, are reflected in such relatively new regulations as:

  1. Air code.
  2. Charter railway transport.
  3. Merchant Shipping Code.
  4. Code of inland water transport.

Together with the current transport legislation in Russia, codified acts issued during the existence of the USSR are used to regulate legal relations. In particular, we are talking about the Charter road transport. It is applied only in the part that does not contradict the provisions of Chapter 40 of the Civil Code and other modern legal acts. It seems that its norms will remain in force until the adoption of the new Charter.

It should also be said that today the structure of transport legislation Russian Federation included legal acts issued in the development of those in force in Soviet time provisions. So, in practice, the Rules for the Transportation of Passengers and Cargoes are applied with the instructions of the USSR State Arbitration Court on issues related to the transport industry.

Features of the regulation system

By virtue of objective reasons in the course of formation and improvement, transport legislation gradually evolved into a more or less clear set of legal acts, differentiated depending on the specific field of activity. Thus, the norms governing the transportation of goods by sea, rail, river, air and other modes of transport are clearly indicated.

The system of transport legislation consists of horizontal and vertical links. The first is built on the basis of horizontal links between the system components. The vertical structure is dominated by hierarchical connections that arise within the framework of subordination relations.

Classification of norms

Depending on their content, acts relating to the horizontal and vertical structures of transport legislation are divided into simple and codification-complex. The latter include provisions, the subject of regulation of which are heterogeneous public relations. Their regulation is carried out using several legal methods. Examples of acts of this type can be considered transport codes and charters.

Acts that do not contradict the provisions of codification norms are recognized as simple. They are intended to complement, clarify, concretize. Such acts, for example, include the Rules for the Transportation of Passengers and Goods, which are in force for each type of transport. They will clarify the norms enshrined in charters and codes.

Horizontal link of the system

This part of the transport legislation consists of acts that are diverse in form and content. They regulate issues related to the use of vehicles of all types (railway, road, sea, etc.).

The horizontal link of transport legislation is formed by federal regulations, presidential decrees, government regulations. Certain types of relations are regulated by special legal documents. These include railway, inland water and other legislation.

The key normative act, however, is the Civil Code. Chapter 40 of the Code is devoted to the carriage of passengers and goods. Articles 784-800 establish provisions common to all Vehicle. The legislation of the Russian Federation regulates issues related to the conclusion of contracts for the provision of transport services, liability for damage, loss, damage, shortage of goods, claims, lawsuits, etc.

Types of general regulations

In the horizontal link of legislation on transport security stated in all general rules. Among them:

  1. Decree of the Supreme Council of the RSFSR of 1990. It fixes urgent measures to improve the provision of the population with public transport.
  2. Presidential Decree of 1992. It establishes the foundations compulsory insurance passengers.
  3. Presidential Decree of 1996. It contains provisions relating to the improvement of the system of public administration of the transport complex.
  4. Government Decree of 1992 It fixes the provisions related to the provision of state support for the functioning of the transport industry.
  5. Decree No. 184 of 1993. It sets out measures aimed at ensuring the safety of goods and strengthening the fight against theft.
  6. Decree No. 876 of 1993. It provides for measures to ensure the stable operation of maritime, aviation, road and river transport. Today, this regulation is in force in new edition dated 1996
  7. Government Decree of 1998 According to this document, the functions of supervision over the safety of hydrotechnical navigable structures are assigned to the Ministry of Transport of the Russian Federation.

This is not a complete list of general regulations included in the transport legislation. There are a lot of new legal documents in the structure. This is quite understandable. AT modern conditions the transport industry cannot function on the basis of the old rules.

Norms on certain types of vehicles

They stand apart from other legal acts. These norms include acts issued by transport departments and ministries within their competence. Among them, a special place is occupied by codification-complex provisions. They contain norms not only of civil law, but also of other legal branches. An example would be tax law. Transport tax, sanctions for violation of obligations by payers and a number of other financial issues are regulated exclusively by the Tax Code. The provisions regulating the procedure for resolving disputes in the field of transport are fixed by procedural rules.

Industry legal acts

Of particular importance are charters and codes that fix the special requirements of transport legislation:

  • Charter of railway transport from 2003.
  • Inland Water Transport Code of 2001
  • Charter of automobile vehicles of 1969
  • Air Code 1997
  • Merchant Shipping Code (KTM) 1999

The specifics of the application of the norms

As established in Article 2 of the Civil Code, civil law regulates contractual and other obligations, other property legal relations. Simply put, the Civil Code is a normative act that has, to a certain extent, general significance for legal provisions codification-complex type.

At the same time, it should be taken into account that the Civil Code is an industry codification act, in contrast to the Charter of Railway Transport, the Merchant Shipping Code and other special legal documents, which are also codification, but have a complex character. They contain not only civil law, but also other provisions related to other legal branches.

For the Code regulating merchant shipping, the Civil Code will have a general meaning in the relevant part. This follows from the provisions of the 1st article of the KTM. At the same time, there is no indication similar to this in other codification legal acts, although in fact they occupy the same position due to the systemic and logical connection between them and the Civil Code.

Vertical link

As mentioned above, it is based on a hierarchical system of norms.

Federal legislation in the field of transport is a subsystem of civil law. Its key elements are acts regulating legal relations that arise when using all modes of transport. They are usually published Federal Assembly, president and government.

Large codification legal acts form the basis of individual system links of transport legislation. They are transport codes and charters. Other acts included in the system serve to regulate more specific issues. They are hierarchically dependent on larger legal documents, despite the fact that they are adopted and approved by the same authority. This is especially evident when analyzing the construction of a system of acts regulating legal relations in air, rail and sea transport.

Legal regulation of relations in railway transport

The Charter (UZhT) is recognized as the key act in this area. It regulates relations related to the transportation of passengers and cargo, the responsibility of customers and carriers for violation of existing rules. However, it should be borne in mind that far from all issues are regulated in the UZhT, therefore, in addition to it, the following were published:

  1. Government Decree of 1992. It regulates issues related to the enforcement of discipline of railway workers.
  2. Decree No. 716 of 1993 It fixes issues related to ensuring the smooth functioning of railway transport.
  3. Government Decree of 1992. It provides for measures to improve safety in railway transport.
  4. Government Decree of 1998 This act establishes the procedure for the implementation of measures aimed at improving the structure of railway transport.
  5. Presidential Decree of 1996, fixing the procedure for the further development of railway transport.
  6. Government Decree No. 448 of 1998. It approved the concept of a structural reform of the federal railway transport system.
  7. Government Decree No. 507 of 1998. It sets out key areas for improving state policy in railway transport.
  8. Government Decree No. 1029 of 1998. This regulatory document approved the rules for calculating payment rates for the use of wagons, containers, tariffs for calculating fees.
  9. Government Decree No. 224 of 1999. It contains measures to improve the regulation of tariffs for the energy consumed by railway transport.

There are quite a few in this industry at present. normative documents. They regulate and develop relationships not regulated by UZHT.

Water transport

Relations in this area are also regulated by various legal acts. The key among them is the Code of Inland Water Transport. It regulates the whole complex of relations with consumers of services. In addition to the Code, issues related to the transportation of goods by river transport are also enshrined in other legal acts. In particular, we are talking about government decrees No. 780 of 1994 and No. 464 of 1996.

A special role in the system belongs to the Rules for the carriage of goods, baggage and passengers. They regulate issues related to safety in inland water transport.

Government Decree No. 72 of 2003 approved the Rules for the provision of services for the transportation of passengers, cargo and luggage for domestic (personal) needs on water transport.

Conclusion

The system of modern transport legislation is a set of regulations issued by bodies authorized to implement the functions of supervision in the provision of services for the carriage of baggage, cargo and passengers by all types of vehicles. The more perfect the structure of this system, the clearer the content of the provisions and the easier their application in practice. This, in turn, increases the efficiency of the functioning of the entire transport industry in the country.

Transport legislation is considered the most stable set of regulations. Its main provisions governing legal relations relating to the conclusion of contracts, the provision of transport, liability for their operation, damage, loss, damage to goods, claims and claims have been applied without special changes for quite a long time.

Article 35. Liability of the consignor, consignee, charterer, passenger

1. For failure to present for the carriage of goods provided for by the contract for the carriage of goods, the consignor shall pay the carrier a fine in the amount of twenty percent of the fee established for the carriage of goods, unless otherwise established by the contract for the carriage of goods. The carrier is also entitled to demand compensation from the shipper for the losses caused to him in the manner prescribed by the legislation of the Russian Federation.

2. For refusing to use a vehicle provided for by the charter agreement, the charterer shall pay the charterer a fine in the amount of twenty percent of the fee established for the use of this vehicle, unless otherwise established by the charter agreement. The charterer is also entitled to demand compensation from the charterer for the losses caused to him in the manner prescribed by the legislation of the Russian Federation.

3. For failure to indicate in the consignment note special marks or precautions necessary for the carriage of cargo, or for misrepresenting information about the properties of the cargo, including its mass, dimensions, condition and degree of danger, a fine in the amount of twenty percent of the carriage charge shall be collected from the consignor. The payment of the fine does not release the consignor from compensation for damage caused to the carrier by such violations.

4. For the delay (downtime) of vehicles submitted for loading, unloading, respectively, the consignor, consignee pay for each full hour of delay (downtime) a fine in the amount of established by the agreement transportation of goods, and if the amount of the specified fine in the contract for the carriage of goods is not established, in the amount of:

5. In case of delay (delay) of specialized vehicles, the amount of the fine specified in paragraph 4 of this article shall be doubled, unless otherwise provided by the contract for the carriage of goods. The list of specialized vehicles is determined by the rules for the carriage of goods.

6. A fine for delay (demurrage) of vehicles is collected regardless of the fine for failure to present for the carriage of goods provided for in the contracts for the carriage of goods. The basis for charging a fine for the delay (idle) of vehicles is the marks in the waybills or in waybills about the time of arrival and departure of vehicles.

7. For the delay (idle) of containers owned by the carrier and filed for loading, unloading, in excess of the norms established by the contract for the carriage of goods, respectively, the consignors, consignees pay for each full hour of delay (idle) a fine in the amount established by the contract for the carriage of goods, and in if the amount of the specified fine is not established in the contract for the carriage of goods, in the amount of:

1) five percent of the carriage charge for transportation in urban or suburban traffic;

2) one percent of the average daily carriage fee for intercity transportation, determined in accordance with the term for the performance of the relevant transportation established by the contract.

8. A penalty for delay (demurrage) of containers shall be collected regardless of the penalty for failure to present for the carriage of goods provided for in the contract for the carriage of goods. The basis for charging a penalty for delay (delay) of containers is the marks in the bill of lading, waybills or accompanying sheets about the time of delivery and departure of containers.

9. For sending, as part of baggage handed over for carriage, items, the carriage of which as part of baggage is prohibited, the passenger shall pay the carrier a fine in the amount of ten times the carriage charge for the carriage of baggage.

Legislation regulating the activities of transport in Russia.

If I understand correctly, here you need to talk about the laws and legal regulations in the Russian Federation.

Constitution

Constitution of the Russian Federation (Article 71) refers the management of federal transport, communications to the jurisdiction of the Russian Federation. This provision is fundamental to legal regulation transport activities.

Civil Code of the Russian Federation

He concentrated in a separate chapter (Chapter 40) the rules governing the main provisions on transportation: on the contract for the carriage of goods and passengers, transportation by public transport, supply of vehicles, loading and unloading of cargo, carrier's liability, claims and claims, etc.

Transport charters and codes

They regulate in detail the relations that arise in transport.

1) Charter of the railway transport of the Russian Federation(2003) - the federal law dated 01/10/2003 N 18-FZ (as amended on 02/03/2014, as amended on 12/01/2014) "Charter of Railway Transport of the Russian Federation"

2) Air Code of the Russian Federation(1997) - "Air Code of the Russian Federation" dated 03/19/1997 N 60-FZ (as amended on 10/14/2014) (as amended and supplemented, effective from 01/19/2015)

3) Merchant Shipping Code of the Russian Federation(1999) - "Code of Merchant Shipping of the Russian Federation" dated 04/30/1999 N 81-FZ (as amended on 12/31/2014)

is the main act governing relations maritime transport with the clientele in the carriage of goods both in cabotage and in international communications, as well as when transporting passengers and luggage

4) Code of Inland Water Transport of the Russian Federation(2001) - "Code of Inland Water Transport of the Russian Federation" dated 07.03.2001 N 24-FZ (as amended on 04.11.2014, as amended on 01.12.2014)

5) Charter of road transport and urban ground electric transport(2007) - Federal Law of November 8, 2007 N 259-FZ (as amended on February 3, 2014, as amended on December 1, 2014) "Charter of Road Transport and Urban Ground Electric Transport"

4) Bylaws:

- decrees of the President of the Russian Federation

The sources of transport law include decrees of the President of the Russian Federation that regulate the most important and specific areas of transport relations.

1. railway law Decree of the President of the Russian Federation of May 16, 1996 N 732 "On further development railway transport of the Russian Federation"
2. inland water law no info
3. air law Decree of the President of the Russian Federation of July 21, 1995 N 747 "On streamlining the use of general aviation", Decree of the President of the Russian Federation of June 7, 1996 N 825 "On additional measures for the development of civil aviation of the Russian Federation"
4. maritime law Decree of the President of the Russian Federation of October 24, 1992 N 1298 "On measures to stabilize financial position shipping companies of the Russian Federation", Decree of the President of the Russian Federation of June 30, 1996 N 1004 "On State Support for the Russian Merchant Marine in the Baltic"
5. motor vehicle law no info

- resolutions and orders of the Government of the Russian Federation

For example: Decrees of the Government of the Russian Federation

dated May 20, 1998 N 466 "On the assignment of the functions of state supervision over the safety of navigable hydraulic structures to the Ministry of Transport of the Russian Federation",

dated April 9, 2001 N 278 "On measures state support renewal of the fleet of sea, river, aircraft and their construction",

No. 848 dated 05.12.2001 "On the Federal target program"Development of the transport system of Russia (2010 - 2020)"

1. railway law Decree of the Government of the Russian Federation of August 25, 1992 N 621 "On approval of the Regulations on the discipline of railway workers of the Russian Federation" (as amended and supplemented by Decree of the Government of the Russian Federation of February 8, 1999 N 134) Decree of the Government of the Russian Federation of October 29, 1992 N 833 "On improving traffic safety in the railway transport of the Russian Federation"
2. inland water law Decree of the Government of the Russian Federation of July 5, 1994 N 780 "On the Russian River Register", Order of the Government of the Russian Federation of July 3, 2003 N 909r "On the Concept for the Development of Inland Water Transport of the Russian Federation"
3. air law Decree of the Government of the Russian Federation of May 3, 1994 N 424 "On improving the functioning and development of the air traffic management system in the Russian Federation", Decree of the Government of the Russian Federation of January 24, 1998 N 85 "On licensing activities in the field of civil aviation"
4. maritime law Decree of the Government of the Russian Federation of December 17, 1993 N 1299 "On the organization of management seaports"(as amended on August 28, 1997) Decree of the Government of the Russian Federation of April 11, 2000 N 324 "On approval of the Regulations on the federal system for the protection of maritime navigation from illegal acts directed against the safety of navigation"
5. motor vehicle law Decree of the Government of the Russian Federation of June 10, 2002 N 402 "On licensing the transportation of passengers and goods by road"; dated April 8, 1992 N 228 "On some issues related to the operation of motor vehicles in the Russian Federation"; dated June 24, 1998 N 639 "On approval of the Rules for the provision of services (performance of work) for maintenance and repair of motor vehicles"; dated December 15, 1999 N 1396 "On approval of the Rules for passing qualification exams and issuing driver's licenses", etc.

- instructions, resolutions and rules coming from ministries and departments

The Ministry of Transport of the Russian Federation has been granted the right to independently adopt legal acts in established area activities: rules for the transportation of passengers, luggage, cargo, cargo luggage on the basis of and in pursuance of transport charters and codes; rules for the formation, application of tariffs, collection of fees in the field of civil aviation, as well as the rules for selling tickets, issuing waybills and other transportation documents (clause 5.2 of the Regulations on the Ministry of Transport of the Russian Federation).

1. railway law A special place in the legislation on railway transport is occupied by Rules for the carriage of goods and Rules for the provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to the implementation entrepreneurial activity, and other departmental acts. The need to adopt such by-laws was due to the fact that all of the enumerated acts do not fully regulate the relations between the railway carrier and the clientele for the carriage of goods and relations for the carriage of passengers.
2. inland water law A special place, as in the legislation of other modes of transport, in the system of legislation regulating relations in river transport, is occupied by the rules for the carriage of goods and the rules for the carriage of passengers and baggage. Decree of the Government of the Russian Federation of February 6, 2003 N 72 were approved Rules for the provision of services for the carriage of passengers, baggage, cargo for personal (domestic) needs on inland water transport, which regulate in great detail the procedure for the provision of services related to the carriage of passengers.
3. air law The specification of relations related to the transportation of goods, passengers and baggage is carried out on the basis of Federal aviation regulations "General rules air transportation of passengers, baggage, cargo and requirements for servicing passengers, consignors, consignees", approved by the Ministry of Transport of the Russian Federation on June 28, 2007.
4. maritime law Further specification of the provisions governing the carriage of goods and passengers is carried out General rules sea ​​transportation of goods, passengers and luggage which, in more detail than the Code of Merchant Shipping and the acts in force in its development, regulate the issues of transportation of goods, passengers and baggage between the ports of the Russian Federation and foreign ports
5. motor vehicle law On the basis of the Charter ... The Government of the Russian Federation approves the rules for the carriage of passengers and baggage by road and urban surface electric transport, as well as the rules for the carriage of goods by road. Decree of the Government of the Russian Federation of December 17, 2013 N 1177 (as amended on June 23, 2014) "On approval of the Rules for the organized transportation of a group of children by buses" Decree of the Government of the Russian Federation of February 14, 2009 N 112 (as amended on June 9, 2014) "On approval of the Rules for the carriage of passengers and baggage by road and urban ground electric transport" Decree of the Government of the Russian Federation of April 15, 2011 N 272 (as amended on December 30, 2011) "On approval of the Rules for the carriage of goods by road"Important! In the sphere road transport the "General rules for the carriage of goods by road" (approved by the Ministry of Autotransport of the RSFSR on July 30, 1971) continue to operate insofar as they do not contradict: - Chapter 40 of the Civil Code of the Russian Federation - The Rules for Transportation of 2009 and 2011 - The Charter of Road Transport and Urban Ground Electric Transport of 2007

The movement of people or objects (transportation) carried out using vehicles is regulated by Ch. 40 Civil Code RF dated January 26, 1996 No. 14-FZ. As Art. 784 of the Civil Code of the Russian Federation, the basis for transportation is the contract concluded between the parties, but its general terms and Conditions are legally regulated in special legal acts, which are transport charters and codes of the Russian Federation. The agreement of the parties relating to these conditions or liability for violations must not contradict them.

It should be noted that the Ministry of Transport is currently developing a draft unified Transport Code, which should be introduced before 2030. In addition to it, the legislature is working on the adoption of a law regulating combined transport and transit.

Federal Law No. 259 - the transport charter of motor transport of the Russian Federation

The transport system of Russia consists of several independent types of transport. One type is automotive.

Legal relations that arise between the parties (citizens, organizations) in the course of providing services by road are regulated by such a transport charter of the Russian Federation as the law "Charter of Road Transport" dated 08.11.2007 No. 259-FZ. In addition to motor transport, the provisions of the transport charter of road transport apply to electric vehicles that carry out transportation in cities above ground (trolleybuses, trams).

Within the framework of Law No. 259-FZ, the Government approved the transportation rules:

  • baggage and passengers (Decree “On the Approval of the Rules ...” dated February 14, 2009 No. 112);
  • cargo (Decree "On the approval of the Rules ..." dated April 15, 2011 No. 272).

It should be noted that the listed legal acts apply only to transportation within the Russian Federation, and when moving abroad, the relevant international treaties apply.

Transport charter of the railways of the Russian Federation

The next mode of transport is rail. Transportation carried out by railway trains, trains, is regulated by the law "Charter of Railway Transport of the Russian Federation" dated 10.01.2003 No. 18-FZ. In addition to the transport charter railways of the Russian Federation, the conditions, responsibilities of the participants who have concluded an agreement for the carriage of railway transport between themselves are established by the Ministry of Transport of the Russian Federation, or rather certain rules approved by this federal executive body. Among them:

  • Rules for the transportation of perishable goods (Order No. 37 of June 18, 2003).
  • Rules for the redirection of goods (Order No. 44 of June 18, 2003).
  • Rules for the issuance of goods (order dated 06/18/2003 No. 29).
  • Rules for the carriage of passengers, luggage, cargo luggage (Order No. 473 of December 19, 2013) and some others.

Transport codes and other legal acts

The rest of the transport codes regulate the relations arising from the use of other modes of transport in transportation. It:

  1. Merchant Shipping Code of the Russian Federation of April 30, 1999 No. 81-FZ, which regulates civil legal relations of the same name. The concept of this term is given in Art. 2 of this code.
  2. The Air Code of the Russian Federation of March 19, 1997 No. 60-FZ, which regulates not only air transportation, but also the basic principles of the use of airspace in general.
  3. Code of Inland Water Transport of the Russian Federation of March 7, 2001 No. 24-FZ, which applies to relations in the implementation of navigation within Russia.

In addition to the above laws and codes, the provisions of the law “On the Protection of Consumer Rights” dated February 7, 1992 No. 2300-1 apply to transportation of any type of transport, naturally, if non-entrepreneur citizens are the customer of the service.

Interesting information about the movement of people various transport can be obtained from the article Rules for the carriage of passengers.

Tariff guides issued by authorized bodies (ministries and departments) are integral components of transport legislation.

Thus, the transport legal norms of Russia are contained in a variety of legal acts, including transport codes and charters. These are normative acts of a complex nature - a number of codes and charters contain not only civil law, but also various administrative norms that regulate the features of the carrier's activities in a certain area. Single Transport Code RF is under development.

RUSSIAN FEDERATION

THE FEDERAL LAW

from 08.11.2007 №259-FZ

Charter of road transport and urban
ground electric transport

Chapter 1. General Provisions

Article 1. Subject of regulation

1. This Federal Law governs relations arising from the provision of services by road transport and urban surface electric transport, which are part of the transport system of the Russian Federation. Relations related to the provision of services by road transport and urban surface electric transport and not regulated by this Federal Law are regulated by other federal laws and other regulatory legal acts of the Russian Federation.

2. This Federal Law defines the general conditions for the carriage of passengers and baggage, cargo, respectively, by buses, trams, trolleybuses, cars, trucks, including using car trailers, car semi-trailers (hereinafter also referred to as vehicles), as well as the general conditions for the provision of services to passengers, charterers, consignors, consignees, carriers, charterers at transport infrastructure facilities.

3. Transportation of passengers and baggage, cargo by road in international traffic is regulated international treaties Russian Federation.

4. The provisions of the legislation of the Russian Federation on the protection of consumer rights also apply to relations related to the transportation of passengers and baggage, cargo for personal, family, household or other needs not related to the implementation of entrepreneurial activities.

Article 2. Basic concepts used
in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) baggage - things of a passenger accepted for transportation in accordance with the established procedure;

2) ticket - a transportation document certifying the conclusion of a contract for the carriage of a passenger;

3) cargo - a material object accepted for transportation in accordance with the established procedure;

4) consignor - physical or entity which, under a contract for the carriage of goods, acts on its own behalf or on behalf of the owner of the goods and is indicated in the consignment note;

5) consignee - an individual or legal entity authorized to receive cargo;

6) work order - a form of a charter contract;

7) container - equipment having a volume of at least one cubic meter, suitable for multiple use and adapted for loading, unloading cargo, its reloading from one vehicle to another vehicle without intermediate reloading of cargo;

8) route - the route of the vehicle between the points of departure and destination;

9) regular transportation route - the route of transportation of vehicles from the initial stopping point through intermediate stopping points to the final stopping point, which is intended for the implementation of the transportation of passengers and baggage according to schedules, which are determined in the prescribed manner;

10) objects of transport infrastructure - facilities, production and technological complexes designed to serve passengers, charterers, consignors, consignees, carriers and charterers, as well as to ensure the operation of vehicles;

11) stopping point - a place for stopping vehicles along a regular transportation route, equipped for boarding, disembarking passengers and waiting for vehicles;

12) passenger - individual the transportation of which by a vehicle is carried out on the basis of a contract for the carriage of a passenger or a contract for chartering a vehicle for the carriage of a passenger;

13) carrier - a legal entity, an individual entrepreneur who, under a contract for the carriage of a passenger, a contract for the carriage of goods, has assumed the obligation to transport a passenger and deliver luggage, as well as transport the cargo entrusted by the consignor to the destination and issue the luggage, cargo to a person authorized to receive them;

14) waybill - a document that serves to record and control the operation of a vehicle, a driver;

15) schedule - a schedule that establishes the time or intervals for the arrival of vehicles at a stopping point or the departure of vehicles from a stopping point;

16) hand luggage - things of a passenger that are transported by a passenger with him in a vehicle and the safety of which during transportation is ensured by the passenger;

17) perishable cargo - cargo, the safety of which during transportation by a vehicle is ensured by observing a certain temperature regime;

18) specialized vehicle - a vehicle designed and equipped for the carriage of certain types of cargo;

19) terminal - an industrial and technological complex intended for carrying out operations related to the transportation of goods;

20) waybill - a shipping document confirming the conclusion of a contract for the carriage of goods;

21) charterer - an individual or legal entity who, under a charter agreement, undertakes to pay the cost of using all or part of the capacity of one or more vehicles provided for one or more flights for the carriage of passengers and baggage, cargo;

22) a charterer - a legal entity, an individual entrepreneur who, under a charter agreement, has assumed the obligation to provide the charterer with all or part of the capacity of one or more vehicles for one or more flights for the carriage of passengers and baggage, cargo.

4. For the purpose of unhindered transportation of cargo, the consignor is obliged to attach to the consignment note the documents provided for by sanitary, customs, quarantine, and other rules in accordance with the requirements of the legislation of the Russian Federation, as well as certificates, quality passports, certificates, other documents, the availability of which is established by federal laws , other regulatory legal acts of the Russian Federation.

5. A contract for the carriage of goods may be concluded by accepting the order for execution by the carrier, and if there is an agreement on the organization of the carriage of goods, the application of the consignor.

6. Mandatory details of the order, applications and the procedure for their execution are established by the rules for the carriage of goods.

Article 9. Provision of vehicles, containers for the carriage of goods

1. The carrier is obliged to provide, within the time limits established by the contract for the carriage of goods, vehicles, containers suitable for the carriage of the corresponding cargo.

2. In the event that the carrier provides vehicles, containers unsuitable for the transportation of the corresponding cargo, or the delivery of vehicles, containers to the loading point late, the consignor has the right to refuse to fulfill the contract for the carriage of goods and collect from the carrier a fine for non-delivery of cargo provided for.

Article 10. Presentation and acceptance of cargo for transportation

1. When accepting cargo for transportation, the driver of the vehicle presents the consignor with an identity document and a waybill.

2. The consignor is obliged to prepare the cargo for transportation in such a way as to ensure the safety of its transportation and the safety of the cargo, as well as to prevent damage to the vehicle, container.

3. When presenting for the carriage of goods in containers or packaging, the consignor is obliged to mark each package in accordance with the rules for the carriage of goods.

4. The cargo is considered not presented for transportation by the consignor in the following cases:

1) presentation of cargo for transportation with a delay;

2) presenting for the carriage of goods sent to a destination other than that established by the contract for the carriage of goods;

3) presenting for the carriage of goods not provided for by the contract for the carriage of goods;

4) non-compliance of the condition of the cargo presented for transportation with the requirements established by the rules for the carriage of goods, and the failure of the consignor to bring the cargo into compliance with the specified requirements within the time period established by the contract for the carriage of goods.

5. If the consignor fails to present the cargo for transportation, the carrier has the right to refuse to fulfill the contract for the carriage of cargo and collect from the consignor the fine provided for.

6. The consignor, upon presenting the cargo for transportation, has the right to declare its value. Acceptance for the carriage of goods with a declared value is carried out in the manner prescribed by the rules for the carriage of goods.

Article 11. Loading of goods into vehicles, containers and unloading of goods from them

1. Loading of goods into transport vehicles, containers and unloading of goods from them must be carried out within the time limits established by the contract for the carriage of goods, and if the specified periods are not established in the contract for the carriage of goods, within the time limits stipulated by the rules for the carriage of goods.

2. The time of submission of the vehicle, container for loading is calculated from the moment the driver of the vehicle presents to the consignor an identity document and the waybill at the point of loading, and the time of submission of the vehicle, container for unloading - from the moment the driver of the vehicle presents the consignee of the consignment note in point of unloading, except for the cases provided for by parts 3 and 4 of this article.

3. If cargo is loaded into a container, cargo is unloaded from it by removing the container from the vehicle, the delivery of an empty container to the consignor or a loaded container to the consignee is documented by an accompanying statement drawn up by the carrier. The form and procedure for filling out the accompanying sheet are established by the rules for the carriage of goods.

4. The time of delivery of the container in the case specified in paragraph 3 of this article to the points of loading, unloading is calculated from the moment the driver presents the accompanying statement to the consignor at the point of loading, to the consignee at the point of unloading.

5. The consignor, the consignee are obliged to mark in the waybill, bill of lading, accompanying sheet the time of delivery of the vehicle, container to the points of loading, unloading and the time of departure from them.

6. Devices necessary for loading, unloading and transportation of cargo must be provided and installed on the vehicle by the consignor and removed from the vehicle by the consignee, unless otherwise provided by the contract for the carriage of goods.

7. All devices belonging to the consignor are returned by the carrier to the consignor in accordance with its indication in the consignment note and at the expense of the consignor, and in the absence of such an indication, they are issued to the consignee together with the cargo at the destination.

8. Loading of cargo into a vehicle, container is carried out by the consignor, and unloading of cargo from the vehicle, container - by the consignee, unless otherwise provided by the contract for the carriage of goods.

9. Loading of goods into a vehicle, container is carried out in such a way as to ensure the safety of transportation of goods and their safety, as well as to prevent damage to the vehicle, container.

10. The list and procedure for carrying out work on loading goods into a vehicle, container and unloading goods from them are established by the rules for the carriage of goods.

11. The consignor, at the request of the carrier, is obliged to eliminate violations of the established procedure for loading cargo into a vehicle, container, except for the case when the cargo is loaded by the carrier. If the consignor fails to comply with the requirements to eliminate deficiencies in the loading of cargo, the carrier has the right to refuse to carry out the carriage.

Article 12. Determination of the mass of cargo

1. Upon presentation by the consignor and acceptance by the carrier of goods transported in bulk, in bulk, in bulk or in containers, their weight must be determined and indicated in the relevant bills of lading.

2. Goods in tare or package, as well as piece goods are accepted for transportation with the weight of the goods and the number of packages indicated in the bill of lading. The mass of goods in containers or packages, as well as the mass of piece goods is determined by the consignor before presenting them for transportation. The procedure for determining the mass of goods is established by the rules for the carriage of goods.

3. An entry in the bill of lading about the mass of cargo with an indication of the method of its determination is carried out by the consignor, unless otherwise provided by the contract for the carriage of goods.

4. The weight of the cargo is determined by the consignor in the presence of the carrier, and if the departure point is the carrier's terminal, by the carrier in the presence of the consignor.

5. When transporting cargo in a covered vehicle or container sealed by the consignor, the weight of the cargo is determined by the consignor.

Article 13. Sealing of vehicles, containers

1. Upon completion of loading, covered vehicles, containers intended for one consignee must be sealed, unless otherwise provided by the contract for the carriage of goods.

2. Sealing of vehicles, containers is carried out by the consignor, unless otherwise provided by the contract for the carriage of goods.

3. The procedure for sealing vehicles, containers is established by the rules for the carriage of goods.

Article 14. Terms of cargo delivery

1. Carriers are obliged to carry out the delivery of goods within the terms established by the contract for the carriage of goods, and if the indicated terms are not established in the contract for the carriage of goods, within the terms established by the rules for the carriage of goods.

2. The carrier is obliged to inform the consignor and consignee of the delay in the delivery of cargo.

3. Unless otherwise provided by the contract for the carriage of goods, the consignor and the consignee shall have the right to consider the cargo lost and demand compensation for damage for the lost cargo, if it was not issued to the consignee at his request:

1) within ten days from the date of acceptance of the cargo for transportation in urban and suburban traffic;

2) within thirty days from the day when the cargo was to be delivered to the consignee, when transported in long-distance traffic.

Article 15 Release of cargo

1. The carrier is obliged to deliver and release the cargo to the consignee at the address indicated by the consignor in the consignment note, the consignee - to accept the cargo delivered to him.

2. If, due to damage (spoilage) of the cargo during transportation, the possibility of using the cargo for its intended purpose is excluded, the consignee has the right to refuse to accept the cargo and demand compensation from the carrier in accordance with.

3. 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 indicated by the consignor (cargo forwarding), and if it is impossible to deliver the cargo to the new address, return the cargo to the consignor with the appropriate prior notification to him.

4. Redirection of cargo is carried out in the manner prescribed by the rules for the carriage of goods.

5. The cost of shipping the goods when it is returned or re-addressed shall be reimbursed at the expense of the consignor.

6. If a perishable cargo carried in long-distance traffic cannot be released to the consignee for reasons beyond the control of the carrier, the carrier asks the consignor for instructions regarding the cargo. If the consignor within four days from the date of receipt of the request does not give instructions, including on re-addressing the cargo, the carrier, in accordance with the established procedure, has the right to sell the cargo under the contract of sale based on the price of the cargo confirmed by documents or, in the absence of such documents, based on the price , which, under comparable circumstances, is usually charged for similar goods, or on the basis of peer review. The funds received by the carrier for the goods sold, less the payments due to the carrier for the carriage of the goods, as well as the costs associated with the sale of the goods, are transferred:

1) to the consignee specified in the bill of lading, in case of payment by him of the cost of the cargo;

2) to the consignor in all other cases.

7. The procedure for checking the weight of the cargo and the number of packages when issuing the cargo to the consignee at the point of destination must correspond to the procedure for checking the weight of the cargo and the number of packages when accepting the cargo from the consignor at the point of departure.

8. The release of goods delivered in serviceable covered vehicles, containers in the presence of serviceable seals of consignors, is carried out to consignees without checking the weight, condition of the goods, the number of packages.

9. Delivery of cargo by the carrier at the point of destination with a mandatory check of the weight, condition of the cargo, number of packages is carried out in the following cases:

1) delivery of cargo in a covered vehicle, container accepted for transportation without seals;

2) delivery of cargo in a defective vehicle body, container or in a serviceable body, container, but with damaged seals of the consignor;

3) delivery of perishable goods in violation of the delivery period established by the contract for the carriage of goods, or the temperature regime during transportation established by the rules for the carriage of goods.

10. Delivery by the carrier of cargo in a container or package with a check of the weight, condition of the cargo is carried out only in case of damage to the container or packaging. If damage to the container or packaging is detected, as well as in the presence of other circumstances that may affect the change in the condition of the cargo, the carrier is obliged to check the weight, condition of the cargo in the damaged container or packaging.

11. The difference between the mass of cargo determined at the point of departure and the mass of cargo determined at the point of destination must not exceed the rate of natural loss of cargo established by the regulatory legal acts of the Russian Federation.

12. Sizing procedure natural loss goods transported in bulk, in bulk, in bulk under several waybills from one consignor to one consignee, is established by the rules for the carriage of goods.

13. The shortage of cargo transported in bulk, in bulk, in bulk with transshipment or reloading on the way from one consignor to one consignee and delivered in a technically sound vehicle without signs of shortage of cargo, is determined by the results of checking the entire batch of simultaneously issued cargo.

14. If, when checking the weight, condition of the cargo, the number of packages at the destination, a shortage, damage (spoilage) of the cargo is detected, the consignee and the carrier are obliged to determine the amount of the actual shortage, damage (spoilage) of the cargo.

15. If it is necessary to conduct an examination to determine the amount of actual shortage, damage (spoilage) of the cargo, the consignee, either at his request or on his own initiative, the carrier invites experts in the relevant field. The results of an examination carried out without notifying the carrier or consignee are invalid. If the carrier evades calling experts in the relevant field or the carrier, the consignee evades participation in the examination, the relevant party has the right to conduct an examination without the participation of the evading party, having previously notified it in writing on the examination, unless another form of notification is provided for by the contract for the carriage of goods. The costs associated with the examination are paid by the person who ordered the examination, with the subsequent attribution of the costs to the person guilty of shortage, damage (spoilage) of the cargo.

Article 16. Storage of cargo in the terminal of the carrier

1. The cargo delivered to the carrier's terminal is stored free of charge for a day from the day the carrier sends a notice to the consignee about the delivered cargo. For storage of cargo for more than a day, the carrier charges a fee from the consignee or consignor, determined by the treaty cargo transportation.

2. The deadline for storage of cargo in the carrier's terminal may not exceed thirty days, unless otherwise provided by the contract for the carriage of cargo.

3. After the expiration of the deadline for storage of goods in the terminal of the carrier, the latter requests the shipper for instructions regarding the goods.

4. If the consignor does not give instructions regarding the cargo within four days after receiving the request, the carrier has the right to return such cargo to the consignor at the expense of the latter or, in the prescribed manner, to sell the cargo under the contract of sale based on the documented price of the cargo or, in the absence of such documents, based on the price that, under comparable circumstances, is usually charged for similar goods, or on the basis of expert judgment. The funds received by the carrier for the sold cargo, minus the payments due to the carrier for the transportation and storage of the cargo, as well as the costs associated with the sale of the cargo, are returned to the consignor.

Article 17. Cleaning of vehicles, containers

1. After unloading goods, vehicles, containers must be cleaned of the remains of these goods, and after the carriage of goods, the list of which is determined by the rules for the carriage of goods, vehicles, containers must be washed and, if necessary, disinfected.

2. The responsibility for cleaning, washing and disinfection of vehicles, containers lies with the consignees. The carrier, in agreement with the consignee, has the right to assume for a fee the performance of work on washing and disinfection of vehicles, containers.

6. The time of delivery of the vehicle to the place provided for by the charter agreement specified in paragraph 1 of this article is calculated from the moment the driver of the vehicle presents the charterer with an identity document and a waybill.

7. The presentation by the charterer of cargo for transportation in violation of the charter agreement specified in paragraph 1 of this article is considered a refusal to use the vehicles provided by the charterer.

8. If the charterer refuses to use the provided vehicle, the charterer has the right to refuse to perform the charter agreement specified in paragraph 1 of this article and collect from the charterer the fine provided for.

Chapter 3. Regular transportation of passengers and baggage

Article 19. Types of regular transportation
passengers and baggage

1. Regular transportation of passengers and baggage is carried out on the basis of a public contract for the carriage of a passenger along the route of regular transportation.

2. Regular transportation of passengers and baggage is classified as transportation by public transport.

3. Regular transportation of passengers and baggage is divided into:

1) transportation with boarding and disembarking of passengers only at established stopping points along the route of regular transportation;

2) transportation with embarkation and disembarkation of passengers in any traffic place along the route of regular transportation.

4. Transportation with boarding and disembarking of passengers only at the established stopping points along the route of regular transportation is carried out in accordance with the schedules established for each stopping point. Stops of vehicles for embarkation and disembarkation of passengers are obligatory at each stopping point along the route of regular transportation, except for cases when, according to the schedule, the embarkation and disembarkation of passengers at the stopping point is carried out at the request of passengers.

5. Transportation with boarding and disembarking of passengers in any place not prohibited by traffic rules along the route of regular transportation is carried out in accordance with the schedules established for traveling from the initial and final stopping points along the route of regular transportation. Stops of vehicles for embarkation and disembarkation of passengers are carried out at the initial and final stopping points along the route of regular transportation, as well as at the request of passengers.

6. Each stopping point along the route of regular transportation must contain information on the type of regular transportation of passengers and luggage, timetable, start and end times of the movement of vehicles on the corresponding route, the name of the final stopping point of the route, information about the name, address and numbers contact telephone numbers of the authority exercising control over the regular transportation of passengers and baggage. The composition of the information included in the schedule is determined by the rules for the transportation of passengers.

Article 20. Conclusion of a contract for the carriage of a passenger

1. The conclusion of a contract for the carriage of a passenger is certified by a ticket, the delivery of baggage by a passenger - by a baggage check, the carriage of hand luggage by a passenger for a fee - by a receipt for the carriage of hand luggage.

2. Mandatory details of a ticket, a baggage receipt, a receipt for the carriage of hand luggage are established by the rules for the carriage of passengers.

3. A cashier's check with the details of the ticket, baggage receipt, hand luggage carriage indicated on it shall be equated, respectively, with the ticket, baggage check, hand baggage receipt.

4. It is allowed to use tickets with indication of part or all of the details in in electronic format, unless otherwise provided by the legislation of the Russian Federation.

5. If it is impossible to transport a passenger and baggage by the provided vehicle due to its malfunction, accident, or other similar reasons, the passenger has the right to use the issued ticket, baggage receipt, receipt for the carriage of hand luggage in another vehicle, the provision of which the carrier is obliged to provide.

6. The passenger is obliged to keep the ticket, the baggage receipt, the receipt for the carriage of hand luggage during the entire trip and present them at the first request of the persons exercising control. Control over the availability of a ticket, baggage receipt, receipt for the carriage of hand luggage is carried out in the manner prescribed by the rules for the carriage of passengers.

Article 21. Transportation of children traveling with a passenger

1) carry with them free of charge in urban and suburban traffic children under the age of seven years without providing separate seats, except as provided for in paragraph 2 of this article;

2) to carry with him free of charge in long-distance traffic one child under the age of five years without providing a separate seat, except for the cases provided for in paragraph 2 of this article.

2. In cases where, in accordance with the established procedure, it is prohibited to transport children in vehicles without providing them with separate seats, the passenger has the right to carry with him two children under the age of twelve years with the provision of separate seats for them for a fee, the amount of which is not may be more than fifty per cent of the carriage charge.

3. The passenger is obliged to carry with him a document confirming the age of the child transported with the provision of benefits for the carriage fee specified in parts 1 and 2 of this article, and which must be presented at the first request of the persons exercising control over the fare.

Article 22
means of regular transportation
passengers and baggage

1. When traveling in a vehicle that carries out regular transportation of passengers and luggage, the passenger has the right to:

1) to transport for a fee in the luggage compartment of a vehicle or in a separate vehicle luggage in the amount of not more than two pieces, the length, width and height of each of which in total does not exceed one hundred and eighty centimeters;

2) carry with you free of charge hand luggage in the amount of not more than one piece, the length, width and height of which in total do not exceed one hundred and twenty centimeters, one pair of skis in a case, children's sleds, a baby stroller.

2. The carrier has the right:

1) establish the norms for the carriage of baggage, the carriage of hand luggage, including free of charge, larger or in larger quantities than it is provided for in paragraph 1 of this article;

2) refuse the passenger to accept baggage for transportation, carry-on baggage, if the properties or packaging of items included in the baggage, hand baggage do not meet the requirements established by the rules for the carriage of passengers;

3) refuse to carry hand luggage to a passenger if its placement in the vehicle will prevent the passengers from entering the vehicle or exiting the vehicle.

3. The carrier is obliged to inform the passenger about the norms and conditions of payment for the carriage of baggage, the carriage of hand luggage.

4. Reception and delivery of baggage are carried out in the manner prescribed by the rules for the carriage of passengers.

5. The passenger has the right, when checking in baggage for transportation, to declare its value. Acceptance for the carriage of baggage with declared value is carried out in the manner prescribed by the rules for the carriage of passengers. An additional fee is charged from the passenger for the carriage of baggage with a declared value in the amount established by the carrier.

6. Luggage accepted for transportation separately from the passenger must be delivered to the destination and issued to the passenger no later than the day the passenger arrives at this point in accordance with the contract for the carriage of the passenger.

7. For the storage of baggage not claimed at its destination for more than a day from the date of its delivery (incomplete days are considered full), a fee is charged in the amount established by the carrier.

8. If baggage is delivered to its point of destination prior to the passenger's arrival, no fee for storage of such baggage from the day of its delivery until the day following the day of the passenger's arrival is charged.

9. Baggage is considered lost and its value is subject to compensation if it is not delivered to its destination within ten days after the expiration of the delivery period established by the passenger carriage agreement.

10. The carrier has the right to sell baggage not claimed within thirty days from the date of arrival of the vehicle at the destination of the baggage. The sale by the carrier of the said baggage is carried out under a contract of sale based on the value of the baggage confirmed by documents or, in the absence of such documents, on the basis of the price that, under comparable circumstances, is usually charged for similar goods, or on the basis of an expert assessment.

11. During the limitation period, the bearer of the baggage receipt has the right to receive the amount received by the carrier in the sale of baggage, minus the payments due to the carrier, as well as the costs associated with the sale of unclaimed baggage.

Article 23
baggage, carry-on baggage in long-distance traffic

1. The passenger has the right:

1) in case of being late for the departure of the vehicle within three hours or due to illness, accident, within three days from the moment of departure of the vehicle for which the ticket was purchased, to renew the ticket for another vehicle subject to an additional payment, the amount of which is twenty five percent of the cost of travel, baggage, carry-on baggage, or receive back the cost of travel, baggage, carry-on baggage, minus twenty-five percent of their value;

2) in case of returning the ticket to the box office no later than two hours before the departure of the vehicle, receive back the cost of travel, baggage transportation, carriage of hand luggage minus five percent of their cost or in case of return of the ticket later than this period, but before the departure of the vehicle, receive back the cost of travel, baggage transportation, carry-on baggage minus fifteen percent of their value;

3) in case of impossibility to continue transportation of the passenger to the point of his destination for reasons beyond the control of the carrier, to receive back the cost of travel, transportation of luggage, transportation of hand luggage in proportion to the distance not covered;

4) return the ticket to the box office before the departure of the vehicle and receive it back full cost travel, transportation of baggage, carry-on baggage in the following cases:

A) cancellation of the departure of the vehicle;

B) delay in the departure of the vehicle for more than an hour;

C) providing a passenger with a seat in a vehicle with a fare at a lower price than in the vehicle for which the ticket was sold to the passenger;

D) failure to provide the passenger with the seat indicated on the ticket;

5) in case of agreeing to travel in a vehicle with fare payment at a lower price, receive the difference between the paid amount and the fee due for travel, transportation of luggage, carriage of hand luggage;

6) in the case of providing a vehicle with a fare, transportation of luggage, transportation of hand luggage at a higher price than in the vehicle indicated in the schedule, carry out travel, transportation of luggage, transportation of hand luggage without additional payment.

2. Reimbursement to the passenger of the cost of travel, carriage of luggage, carriage of hand luggage in the cases provided for by this article shall be carried out in the manner established by the rules for the carriage of passengers, no later than within ten days from the date of presentation to the carrier of the corresponding demand of the passenger.

Article 24. Sale of tickets

1. The procedure for selling tickets is determined by the rules for the carriage of passengers.

2. A passenger may be denied the sale of a ticket if it is impossible to provide a seat due to exceeding the capacity provided for by the design of the vehicle.

3. The sale of a ticket without providing a passenger with a seat is allowed if the possibility of a passenger to travel without providing a seat is provided for by the design of the vehicle.

4. When carrying out regular transportation of passengers and luggage in intercity traffic, the sale of tickets for the passage of passengers is carried out subject to the availability of seats.

Article 25. Return of forgotten things

Things forgotten in vehicles or at transport infrastructure facilities are subject to return to their owners in the manner prescribed by the rules for the carriage of passengers.

Article 26. The rights of a passenger when using the services provided
at transport infrastructure facilities

The passenger has the right to free use of waiting rooms, toilets located at transport infrastructure facilities. The procedure for such free use is determined by the rules for the carriage of passengers.

Chapter 4. Transportation of passengers and luggage on orders

Article 27. Conclusion of a vehicle charter agreement
for the carriage of passengers and luggage on request

1. Transportation of passengers and baggage on request is carried out by a vehicle provided on the basis of a charter agreement concluded in writing.

2. The charter agreement specified in part 1 of this article must include:

1) information about the charterer and the charterer;

2) the type of vehicle provided (if necessary, the number of vehicles);

3) the route and place of delivery of the vehicle;

4) a certain or indefinite circle of persons for whose transportation a vehicle is provided;

5) terms of transportation;

6) the amount of payment for the use of the vehicle;

7) the procedure for admitting passengers to board the vehicle, established taking into account the requirements provided for by the rules for the carriage of passengers (in the event that the vehicle is provided for the carriage of a certain circle of persons).

3. The charter agreement specified in part 1 of this article may include other conditions not specified in part 2 of this article.

4. If there is no need to carry out systematic transportation of passengers and baggage on order, the charter agreement specified in paragraph 1 of this article is concluded in the form of an order-order for the provision of a vehicle for the carriage of passengers and baggage. The details and the procedure for filling out such an order-order are established by the rules for the carriage of passengers.

5. If the chartering agreement specified in paragraph 1 of this article provides for the provision of vehicles for the transportation of an indefinite number of persons, the collection of fees from these persons is not allowed.

Article 28

The route for the carriage of passengers and baggage on order is determined by the charter agreement, unless otherwise provided by law.

Article 29
means for the carriage of passengers and baggage on request or
amendment of such an agreement

1. The provision by the charterer of a vehicle for the carriage of passengers and luggage on order that does not comply with the terms of the charter agreement, or with a delay, is considered a failure to provide the vehicle. In case of failure to provide a vehicle, the charterer has the right to refuse to fulfill the charter agreement and collect from the charterer a fine provided for.

2. If it is impossible to carry out the transportation of passengers and luggage on order by the provided vehicle due to its malfunction, accident, similar reasons, the charterer, in agreement with the charterer, is obliged to provide another vehicle or return the cost of using the vehicle paid by the charterer.

Article 30
provided for the carriage of passengers on request

1. The norms for the carriage of baggage, carry-on baggage by a vehicle provided for the carriage of passengers on request are established by the charterer.

2. The charterer has the right to refuse to accept baggage for transportation, carry-on baggage, if the properties or packaging of items included in the baggage, hand baggage do not meet the requirements established by the rules for the carriage of passengers.

3. The charterer has the right to refuse to carry hand luggage if its placement in the vehicle will prevent the entry of passengers into the vehicle, the exit of passengers from the vehicle.

Chapter 5. Transportation of passengers and luggage by passenger taxis

Article 31
for the transport of passengers and luggage

1. Transportation of passengers and luggage by passenger taxi is carried out on the basis of a public charter agreement concluded orally.

2. The contract for chartering a passenger taxi for the carriage of passengers and luggage is concluded by the charterer with a driver of a passenger taxi acting on behalf and on behalf of the charterer or, if the driver is an individual entrepreneur, on his own behalf. The rights and obligations under such a contract arise directly from the charterer.

3. A contract for chartering a passenger taxi for the carriage of passengers and luggage may be concluded by accepting the charterer's order for execution by the charterer. The procedure for concluding such an agreement is established by the rules for the carriage of passengers.

4. The charterer has the right to refuse to provide a passenger taxi for the carriage of passengers and luggage if the route proposed by the charterer or the charterer's behavior may pose a threat to the driver's safety.

5. The charterer is obliged to issue to the charterer a receipt in the form of a strict accountability form or cash receipt confirming the payment of the cost of using a passenger taxi.

Article 32
passenger taxi for the transport of passengers and luggage or change
such an agreement

1. The charterer has the right to refuse to execute the contract for chartering a passenger taxi for the carriage of passengers and luggage in the event of a passenger taxi downtime associated with the charterer waiting for a stop along the route at his request in excess of the time agreed by the parties or in excess of the time paid by the charterer.

2. If it is impossible to travel by passenger taxi to the destination for reasons beyond the control of the charterer, the charterer pays the cost of using a passenger taxi until the trip is terminated.

Article 33

1. The norms for the carriage of baggage, the carriage of hand luggage by a passenger taxi are established by the charterer.

2. The charterer has the right to refuse to accept baggage for transportation, carry hand luggage by passenger taxi, if the properties or packaging of items included in the baggage, hand baggage do not meet the requirements established by the rules for the carriage of passengers.

Chapter 6. Liability of carriers, charterers,
shippers, consignees, passengers,
charterers

Article 34. Responsibility of the carrier, charterer

1. For non-exportation due to the fault of the carrier of the cargo provided for by the contract for the carriage of goods, the carrier shall pay the consignor a fine in the amount of twenty percent of the fee established for the carriage of goods, unless otherwise established by the contract for the carriage of goods. The consignor is also entitled to demand compensation from the carrier for losses caused by the carrier in the manner prescribed by the legislation of the Russian Federation.

2. For failure to provide a vehicle provided for by the charter agreement, the charterer shall pay the charterer a fine in the amount of twenty percent of the fee established for the use of the relevant vehicle, unless otherwise established by the charter agreement. The charterer is also entitled to demand compensation from the charterer for the losses caused by him in the manner prescribed by the legislation of the Russian Federation.

3. For untimely provision of a vehicle, container, provided for by the contract for the carriage of goods, the carrier shall pay the consignor for each full hour of delay a fine in the amount established by the contract for the carriage of goods, and if the amount of the specified fine is not established by the contract for the carriage of goods, in the amount of:

2) one percent of the average daily carriage fee, determined in accordance with the period of carriage established by the contract for the carriage of goods, when transported in intercity traffic.

4. The shipper, the charterer in the case specified in part 3 of this article, also has the right to demand from the carrier, the charterer compensation for the losses caused by them in the manner established by the legislation of the Russian Federation.

5. The carrier is responsible for the safety of the cargo from the moment it is accepted for transportation until the moment it is released 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 by reasons beyond his control.

6. The carrier is responsible for the safety of baggage from the moment it is accepted for carriage and until the moment it is released to the person authorized to receive the baggage, unless it proves that the loss, shortage or damage (spoilage) of the baggage occurred due to circumstances that the carrier could not prevent or removed for reasons beyond his control.

7. The carrier compensates for the damage caused during the carriage of cargo, baggage, in the amount of:

1) the cost of lost or missing cargo, luggage in case of loss or shortage of cargo, luggage;

2) the amount by which the value of the cargo, luggage has decreased, in case of damage (spoilage) of the cargo, luggage or the value of the cargo, luggage if it is impossible to restore the damaged (spoiled) cargo, luggage;

3) a share of the declared value of the cargo, baggage, the corresponding missing or damaged (spoiled) part of the cargo, baggage, in case of shortage, damage (spoilage) of the cargo, baggage handed over for transportation with a declared value;

4) the declared value in case of loss of cargo, luggage, as well as the impossibility of restoring cargo, luggage handed over for transportation with a declared value and damaged or damaged.

8. The cost of cargo, luggage is determined based on the price of cargo, luggage indicated in the seller's invoice or stipulated by the agreement carriage of goods, a contract for the carriage of a passenger, and in the absence of an invoice or indication of a price in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods.

9. The carrier, along with compensation for damage caused by the loss, shortage, damage (spoilage) of the transported cargo, baggage, returns to the consignor or consignee, passenger the carriage fee received for the carriage of lost, missing, damaged (spoiled) cargo, baggage, if this carriage fee not included in the shipping cost.

10. The carrier shall be released from liability for the failure of the hand luggage carried by the passenger, unless the passenger proves that the failure of the hand luggage was due to the fault of the carrier.

11. The carrier pays the consignee a penalty for delay in the delivery of goods in the amount of nine percent of the carriage charge for each day of delay, unless otherwise provided by the contract for the carriage of goods. The total amount of the penalty for delay in the delivery of cargo cannot exceed the amount of its carriage charge. The delay in the delivery of cargo is calculated from twenty-four hours of the day when the cargo must be delivered, unless otherwise provided by the contract for the carriage of cargo. The basis for charging a penalty for delay in the delivery of goods is a note in the consignment note about the time of arrival of the vehicle at the unloading point.

12. For the delay in the delivery of baggage, the carrier shall pay the recipient of the baggage a fine in the amount of three percent of his carriage charge for each day of delay (incomplete days are considered full), but not more than in the amount of the carriage charge. The delay in the delivery of baggage is calculated from twenty-four hours of the day when the baggage must be delivered. The penalty for late delivery of baggage is paid on the basis of an act drawn up at the request of the recipient of the baggage, no later than within ten days from the date of execution of this act. The course of the specified period is suspended in the event of an appeal to the court.

13. For a delay in the departure of a vehicle carrying out regular transportation of passengers in intercity traffic, or its arrival with a delay at the destination for more than an hour, the carrier shall pay the passenger a fine in the amount of three percent of the fare for each hour of delay, but not more than in the amount of travel and no later than within ten days after the day the passenger submits the relevant request. The course of the specified period is suspended in the event of an appeal to the court. The passenger also has the right to demand compensation from the carrier for losses caused to him in connection with the delay in departure or the late arrival of the vehicle at the destination, in the manner prescribed by the legislation of the Russian Federation.

Article 35. Liability of the consignor, consignee,
charterer, passenger

1. For failure to present for the carriage of goods provided for by the contract for the carriage of goods, the consignor shall pay the carrier a fine in the amount of twenty percent of the fee established for the carriage of goods, unless otherwise established by the contract for the carriage of goods. The carrier is also entitled to demand compensation from the shipper for the losses caused to him in the manner prescribed by the legislation of the Russian Federation.

2. For refusing to use a vehicle provided for by the charter agreement, the charterer shall pay the charterer a fine in the amount of twenty percent of the fee established for the use of this vehicle, unless otherwise established by the charter agreement. The charterer is also entitled to demand compensation from the charterer for the losses caused to him in the manner prescribed by the legislation of the Russian Federation.

3. For non-indication of special marks in the consignment note or precautionary measures necessary for the carriage of cargo, or for misrepresentation of information about the properties of the cargo, the consignor shall be charged a fine in the amount of twenty percent of the carriage charge. The payment of the fine does not release the consignor from compensation for damage caused to the carrier by such violations.

4. For the delay (downtime) of vehicles submitted for loading, unloading, respectively, the consignor, consignee pay for each full hour of delay (downtime) a fine in the amount established by the contract for the carriage of goods, and if the amount of the specified fine in the contract for the carriage of goods not installed, in the amount of:

1) five percent of the carriage charge for transportation in urban or suburban traffic;

2) one percent of the average daily carriage fee for intercity transportation, determined in accordance with the term for the performance of the relevant transportation established by the contract.

5. In case of delay (delay) of specialized vehicles, the amount of the fine specified in paragraph 4 of this article shall be doubled, unless otherwise provided by the contract for the carriage of goods. The list of specialized vehicles is determined by the rules for the carriage of goods.

6. A fine for delay (demurrage) of vehicles is collected regardless of the fine for failure to present for the carriage of goods provided for in the contracts for the carriage of goods. The basis for charging a fine for the delay (idle) of vehicles is the marks in the waybills or in waybills about the time of arrival and departure of vehicles.

7. For the delay (idle) of containers owned by the carrier and filed for loading, unloading, in excess of the norms established by the contract for the carriage of goods, respectively, the consignors, consignees pay for each full hour of delay (idle) a fine in the amount established by the contract for the carriage of goods, and in if the amount of the specified fine is not established in the contract for the carriage of goods, in the amount of:

1) five percent of the carriage charge for transportation in urban or suburban traffic;

2) one percent of the average daily carriage fee for interurban carriage, determined in accordance with the term for the performance of the relevant carriage established by the contract.

8. A penalty for delay (demurrage) of containers shall be collected regardless of the penalty for failure to present for the carriage of goods provided for in the contract for the carriage of goods. The basis for charging a penalty for delay (delay) of containers is the marks in the bill of lading, waybills or accompanying sheets about the time of delivery and departure of containers.

9. For sending, as part of baggage handed over for carriage, items, the carriage of which as part of baggage is prohibited, the passenger shall pay the carrier a fine in the amount of ten times the carriage charge for the carriage of baggage.

Article 36
consignee, charterer from liability

The carrier, charterer, consignor, consignee, charterer shall be released from liability provided for and if their failure to fulfill their obligations occurred as a result of:

1) force majeure;

2) temporary restrictions or prohibitions on the movement of vehicles on roads, introduced in the manner prescribed by the legislation of the Russian Federation, for reasons beyond the control of the carrier, charterer, consignor, consignee, charterer;

3) other reasons beyond the control of the carrier, charterer, consignor, consignee, charterer.

Article 37. Invalidity of agreements

Any agreements of carriers, charterers with consignors, consignees, charterers, passengers, aimed at limiting or eliminating the liability incumbent on them, shall be considered invalid, unless otherwise provided by this Federal Law.

Chapter 7. Acts, claims, lawsuits

Article 38. Acts

1. The circumstances that are the basis for the liability of carriers, charterers, consignors, consignees, charterers, passengers in the carriage of passengers and baggage, cargo or the provision of vehicles for the carriage of passengers and baggage, cargo, are certified by acts or marks in the waybills, waybills, accompanying statements provided for by this Federal Law.

2. The procedure for drawing up acts and putting marks in the documents specified in part 1 of this article is established by the rules for the carriage of goods, the rules for the carriage of passengers.

Article 39

1. Prior to filing claims against carriers, charterers arising from contracts for the carriage of passengers or charter contracts, claims may be brought against such persons.

2. Prior to the presentation of claims against carriers arising from contracts for the carriage of goods, against such persons in without fail claims are made.

3. Persons who have concluded contracts of carriage, charter contracts, consignees, as well as insurers who have paid insurance compensation in connection with improper performance by carriers, charterers of their obligations for the carriage of passengers and baggage, cargo, provision of vehicles for transportation of passengers and baggage, cargo.

4. Claims against carriers, charterers are presented by insurers in the manner established for the presentation of claims by persons who have concluded contracts of carriage, charter contracts, consignees.

5. The procedure for filing claims is established by the rules for the carriage of passengers, the rules for the carriage of goods.

6. Claims against carriers, charterers may be brought within the limitation period.

Article 40. Procedure for Considering Claims
to carriers, charterers

1. Carriers, charterers are obliged to consider the claims presented to them and notify the applicants in writing of the results of their consideration within thirty days from the date of receipt of the relevant claim.

2. If the carrier or charterer partially satisfies or rejects the applicant's claim, the notification must indicate the basis for their adoption of such a decision in accordance with this Federal Law. In this case, the documents submitted together with the claim shall be returned to the applicant.

3. If, when considering a claim, it is established that the cargo has been redirected or, at the request of the consignor or the original consignee, it has been issued to another consignee, the claim is returned to the applicant indicating the place, time of delivery of the cargo, the person to whom the cargo was issued, and the person at whose request the redirection or delivery was carried out. cargo, for the direct settlement of the applicant with the actual consignee or the person, at the request of which the redirection or delivery of the cargo was carried out.

Article 41
to carriers, charterers

When filing claims in the manner prescribed, claims against carriers, charterers that have arisen in connection with the carriage of passengers and baggage, cargo or the provision of vehicles for the carriage of passengers and baggage, cargo, may be brought in cases of complete or partial refusal of carriers, charterers to satisfy claims or in cases of non-receipt of responses to claims from carriers, charterers within thirty days from the date of receipt by them of the relevant claims.

Article 42

The limitation period for claims arising from transportation contracts, charter contracts is one year. The specified period is calculated from the date of occurrence of the event that served as the basis for filing a claim or lawsuit, including in relation to:

1) compensation for damage caused by shortage, damage (spoilage) of baggage, cargo, from the date of issue of baggage, cargo;

2) compensation for damage caused by the loss of baggage, from the date the baggage was recognized as lost;

3) compensation for damage caused by the loss of cargo, from the day the cargo was recognized as lost;

4) delay in the delivery of baggage, cargo from the date of delivery of baggage, cargo.

Chapter 8. Final Provisions

Article 43
federal law

1. This Federal Law shall apply to relations connected with the use of motor transport and urban surface electric transport services and which have arisen after the day this Federal Law enters into force.

2. To relations connected with the use of the services of road transport and urban surface electric transport and that arose before the day this Federal Law came into force, this Federal Law shall apply in terms of the rights and obligations that arise after the day it comes into force.

Article 44. Entry into force of this
federal law

This Federal Law shall enter into force one hundred and eighty days after the day of its official publication.

The president
Russian Federation
V.Putin

Moscow Kremlin




Top