Charter of the air transport of the Russian Federation. Transport charters and codes. Features of the regulation system
current
| Document's name: | |
| Document Number: | 259-FZ |
| Type of document: | the federal law |
| Host body: | The State Duma |
| Status: | current |
| Published: | |
| Acceptance date: | November 08, 2007 |
| Effective start date: | May 13, 2008 |
| Revision date: | October 30, 2018 |
Charter of Road Transport and Urban Ground Electric Transport (Articles 1 - 44)
RUSSIAN FEDERATION
THE FEDERAL LAW
Charter road transport and urban ground electric transport
Document as amended by:
(Russian newspaper, N 88, 04/25/2011) (for the procedure for entry into force, see);
(Rossiyskaya Gazeta, N 251, 09.11.2011);
(Official Internet portal of legal information www.pravo.gov.ru, 06/15/2012) (for the procedure for entry into force, see);
(Rossiyskaya gazeta, N 172, 07/30/2012) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, February 4, 2014) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 02.12.2014, N 0001201412020011) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 04/21/2015, N 0001201504210006);
(Official Internet portal of legal information www.pravo.gov.ru, 07/13/2015, N 0001201507130066) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/04/2016, N 0001201607040013);
(Official Internet portal of legal information www.pravo.gov.ru, 10/31/2018, N 0001201810310018) (for the procedure for entry into force, see).
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Chapter 1. General Provisions (Articles 1 - 7_1)
Article 1. Subject of regulation
1. This Federal Law regulates 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 general terms and Conditions transportation of passengers and luggage, 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 luggage, cargo by road in international traffic regulated international treaties Russian Federation.
4. To relations related to the transportation of passengers and baggage, cargo for personal, family, household or other not related to the implementation entrepreneurial activity needs, the provisions of the legislation of the Russian Federation on consumer protection are also applied.
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 - a route intended for carrying passengers and luggage according to schedules Vehicle from the initial stopping point through intermediate stopping points to the final stopping point, 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 who has concluded a contract for the carriage of a passenger, or an individual for the purpose of whose transportation a contract for chartering a vehicle has been concluded;
(Paragraph as amended, entered into force on January 1, 2013 by the Federal Law of June 14, 2012 N 78-FZ.
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.
Article 3. Rules for the carriage of passengers and baggage, cargo
1. On the basis of this Federal Law, 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.
2. Rules for the carriage of passengers and baggage by road transport and urban ground electric transport (hereinafter referred to as the rules for the carriage of passengers) are regulatory legal acts regulating the procedure for organizing various kinds transportation of passengers and baggage, as well as the conditions for the carriage of passengers and baggage and the provision of vehicles for such transportation.
3. The rules for the carriage of goods by road (hereinafter referred to as the rules for the carriage of goods) are regulatory legal acts that regulate the procedure for organizing the transportation of various types of goods, ensuring the safety of goods, vehicles, containers, as well as the conditions for the carriage of goods and the provision of vehicles for such transportation.
Article 3_1. State supervision in the field of road transport and urban ground electric transport
1. State supervision in the field of road transport and urban surface electric transport is carried out by the authorized federal executive body (hereinafter referred to as the state supervision body) when it exercises federal state transport supervision.
2. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" taking into account the specifics of the organization and conduct of inspections established by parts 3-7 of this article.
3. The subject of verification is compliance by a legal entity, individual entrepreneur when carrying out its activities, the requirements (with the exception of licensing requirements in the field of road transport) established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of road transport and urban surface electric transport (hereinafter referred to as mandatory requirements). When exercising state supervision in the field of road transport and urban ground electric transport scheduled inspections in relation to the types of activities subject to licensing are not carried out.
Federal Law of October 30, 2018 N 386-FZ.
4. The grounds for conducting an unscheduled inspection in respect of types of activities not subject to licensing are:
1) receipt by the state supervision body of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from bodies state power(officials of the state supervision body), local governments, through the media about the facts of traffic accidents that occurred through the fault of the carrier, causing harm to life, health of citizens, harm to animals, plants, environment;
2) the presence of an order (instruction) of the head (deputy head) of the state supervision body to conduct an unscheduled inspection, issued in accordance with the order of the President of the Russian Federation or the Government of the Russian Federation or on the basis of the prosecutor’s request to conduct an unscheduled inspection as part of supervision over the implementation of laws upon receipt of prosecutor's office materials and appeals;
3) the expiration of the term for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements.
(The paragraph is additionally included from July 15, 2016 by the Federal Law of July 3, 2016 N 258-FZ)
5. Preliminary notification of a legal entity, an individual entrepreneur about an unscheduled on-site inspection on the grounds specified in clause 2 of part 4 of this article is not allowed.
6. Checks of vehicles, objects of transport infrastructure intended for servicing passengers (bus stations, bus stations, stopping points), in the course of their operation in order to carry out measures to control the implementation of mandatory requirements, are carried out by officials of the state supervision body on the basis of planned (raid) tasks in accordance with the order (instruction) of the head (deputy head) of the state supervision body. The procedure for drawing up planned (raid) tasks and their content are established by the authorized federal executive body in the field of transport. The state supervision body notifies the prosecution authorities about the implementation of control measures within twenty-four hours from the moment the decision was made to carry out these measures.
(Part as amended, entered into force on March 1, 2019 by the Federal Law of October 30, 2018 N 386-FZ.
7. Officials bodies of state supervision, which are state transport inspectors, in the manner prescribed by the legislation of the Russian Federation, have the right:
1) request from public authorities, local authorities, legal entities, individuals, including individual entrepreneurs, and receive from them on the basis of motivated requests in writing information and documents required during the audit;
2) upon presentation of an official ID, and during inspections of legal entities, individuals, including individual entrepreneurs, also copies of the order (instruction) of the head (deputy head) of the state supervision body on the appointment of an inspection to visit those used by legal entities, individuals, including including individual entrepreneurs, when carrying out their activities, transport infrastructure facilities, inspect vehicles, conduct their surveys, necessary research, testing, measurement, investigation, examination and other control measures;
3) issue orders to legal entities, individuals, including individual entrepreneurs, to eliminate identified violations of mandatory requirements, to take measures to ensure the prevention of harm to life, human health, environmental damage, property of individuals or legal entities, state or municipal property, preventing the occurrence emergencies natural and man-made character;
4) draw up protocols on administrative offenses related to violation of mandatory requirements, consider cases on these administrative offenses and take measures to prevent such violations;
5) send materials related to violations of mandatory requirements to authorized bodies to resolve issues of initiating criminal cases on the grounds of crimes;
6) file claims in accordance with the procedure established by the legislation of the Russian Federation for compensation for harm caused as a result of violations of mandatory requirements.
(The article was additionally included from July 30, 2012 by the Federal Law of July 28, 2012 N 131-FZ)
Article 3_2. Peculiarities of Licensing Activities for the Transportation of Passengers and Other Persons by Buses
1. Information about owned by the licensee on the right of ownership or otherwise legal basis vehicles that are used to carry out activities subject to licensing for the transportation of passengers and other persons by buses (hereinafter referred to as the licensed type of activity) are included in the register of licenses. The composition of the specified information is established by the regulation on licensing this activity.
2. Inclusion in the register of licenses of information about additional vehicles acquired by the licensee for the implementation of the licensed type of activity, exclusion of information about vehicles from the register of licenses shall be carried out on the basis of the application of the licensee in the manner established by the regulation on licensing the relevant type of activity, taking into account the provisions of this article.
3. The application for inclusion in the register of licenses of information about additional vehicles acquired by the licensee for the licensed type of activity shall be accompanied by documents confirming the right to own these vehicles. The grounds for refusing to include this information in the register of licenses are:
1) the presence in this application and (or) documents attached to it of unreliable or distorted information;
2) submission of an application in respect of a vehicle, which, in accordance with the information included in the register of licenses, is owned by another licensee.
4. The application specified in parts 2 and 3 of this article and the documents attached to it are submitted to the licensing authority in the manner prescribed by parts 5 and 6 of article 13 of Federal Law No. 99-FZ of May 4, 2011 "On Licensing Certain Types of Activities". This application must be considered by the licensing authority within three working days from the date of receipt. Within the same period, the licensing authority sends the licensee, in the manner prescribed by the regulation on licensing the relevant type of activity, an extract from the decision to include information about the vehicles indicated in the application in the register of licenses or a notice of refusal to include this information in the register of licenses.
5. The implementation of a licensed type of activity using vehicles, information about which is not included in the register of licenses, is prohibited.
Federal Law of October 30, 2018 N 386-FZ)
Article 4. Types of communication
1. Transportation of passengers and baggage, cargo is carried out in urban, suburban, intercity, international traffic.
2. Transportation in urban traffic is carried out within the boundaries of settlements.
3. Suburban transportation is carried out between settlements for a distance of up to fifty kilometers inclusive between the borders of these settlements.
4. Intercity transportation is carried out between settlements at a distance of more than fifty kilometers between the borders of these settlements.
5. Transportation in international traffic is carried out outside the territory of the Russian Federation or to the territory of the Russian Federation with the crossing of the State Border of the Russian Federation, including in transit through the territory of the Russian Federation.
Article 5. Types of transportation of passengers and baggage
Transportation of passengers and baggage is divided into:
1) regular transportation;
2) transportation on orders;
3) transportation by passenger taxis.
Article 6
1. Mandatory details and the procedure for filling out waybills are approved by the federal executive body responsible for the development of state policy and legal regulation in the field of transport, in the manner established by the Government of the Russian Federation.
2. It is prohibited to transport passengers and luggage, cargo by buses, trams, trolleybuses, cars, trucks without issuing a waybill for the corresponding vehicle.
Article 7. Requirements for the design and equipment of vehicles and transport infrastructure facilities
Requirements for the design and equipment of vehicles and transport infrastructure facilities used for the carriage of passengers and baggage are determined by the rules for the carriage of passengers.
Article 7_1. Requirement to carry on the vehicle a copy of the notice of commencement of certain types of activities
The carrier carrying out the types of activities, the commencement of which is notified in accordance with the procedure established by the legislation of the Russian Federation, is obliged to have on each vehicle a copy of such a notification with a mark of the state supervision body that receives such a notification.
(The article was additionally included from March 1, 2019 by the Federal Law of October 30, 2018 N 386-FZ)
Chapter 2. Carriage of goods (Articles 8 - 18)
Article 8. Conclusion of a contract for the carriage of goods
1. The conclusion of the contract for the carriage of goods is confirmed by the bill of lading. The waybill, unless otherwise provided by the contract for the carriage of goods, is drawn up by the consignor.
2. The form and procedure for filling out the bill of lading are established by the rules for the carriage of goods.
3. Cargo for which a bill of lading is not issued is not accepted by the carrier for transportation, with the exception of the cargo specified in Part 1 of Article 18 of this Federal Law.
4. For the purpose of unimpeded 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, or indicate in the consignment note the registration numbers of the specified documents, if such documents (information about such documents) are contained in state information systems.
(Part as amended, put into effect on October 19, 2015 by Federal Law No. 102-FZ of April 20, 2015.
5. A contract for the carriage of goods may be concluded by accepting the order for execution by the carrier, and in the presence of 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 point of loading 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 in paragraph 1 of Article 34 of this federal law.
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 shall have the right to refuse to fulfill the contract for the carriage of cargo and to recover from the consignor a fine provided for by Part 1 of Article 35 of this Federal Law.
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.
12. Legal entities or individual entrepreneurs loading cargo into a vehicle are not entitled to exceed the permissible weight of the vehicle and (or) the permissible axle load of the vehicle, established in accordance with the legislation of the Russian Federation.
(The part is additionally included from July 24, 2015 by the Federal Law of July 13, 2015 N 248-FZ)
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 Part 7 of Article 34 of this Federal Law.
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 destination must not exceed the norm natural loss cargo, established by regulatory legal acts of the Russian Federation.
12. The procedure for determining the amount of natural loss of goods transported in bulk, in bulk, in bulk according to several waybills from one consignor to the address of 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 of the examination, unless another form of notification is provided for by the contract for the carriage of goods. Expenses associated with the examination are paid by the person who ordered the examination, with subsequent attribution of expenses 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 the 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.
Article 18
1. Transportation of cargo accompanied by a representative of the cargo owner, transportation of cargo, in respect of which the movement of inventory items is not kept, is carried out by a vehicle provided on the basis of a charter agreement concluded in writing.
2) the name of the cargo;
3) the type of vehicle provided (if necessary, the number of vehicles);
4) the route and place of delivery of the vehicle;
6) the amount of payment for the use of the vehicle.
4. Unless otherwise provided by agreement of the parties, the charter agreement specified in paragraph 1 of this article is concluded in the form of an order for the provision of a vehicle for the carriage of goods. The details and the procedure for filling out such an order-order are established by the rules for the carriage of goods.
5. The provision by the charterer for the carriage of cargo of a vehicle that does not comply with the terms of the charter agreement specified in paragraph 1 of this article, or with a delay, is considered a failure to provide the vehicle. If the charterer fails to provide a vehicle, the charterer has the right to refuse to perform the charter agreement and collect from the charterer a fine provided for by Part 2 of Article 34 of this Federal Law.
6. The time for the 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 part 1 of this article and collect from the charterer a fine provided for in part 2 of article 35 of this Federal Law.
Chapter 3. Regular transportation of passengers and luggage (Articles 19 - 26)
Article 19. Types of regular transportation of 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.
7. The part was additionally included from July 30, 2012 by the Federal Law of July 28, 2012 N 131-FZ ..
8. The part was additionally included from February 4, 2014 by the Federal Law of February 3, 2014 N 15-FZ, became invalid from March 1, 2019 - Federal Law of October 30, 2018 N 386-FZ ..
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 for the cases 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 the benefits of the carriage fee specified in paragraphs 1 and 2 of this article, and which, in without fail presented at the first request of persons exercising control over fare payment.
Article 21_1. Transportation and features of servicing passengers with disabilities
1. Passengers from among the disabled are provided with conditions for the accessibility of their transportation and transportation of their luggage by road transport and urban ground electric transport.
2. The owner of the transport infrastructure facility shall ensure the conditions of accessibility for the disabled to transportation by road on an equal basis with other passengers, including:
1) equipping a transport infrastructure facility designed to serve passengers with low-lying telephones with a volume control function, text phones for communication with information and emergency services;
2) duplication of sound and visual information necessary for disabled passengers;
3) familiarization with the rules for the carriage of passengers, as well as other necessary information on the conditions of carriage in a form accessible to a disabled passenger.
3. The following services are provided without charging an additional fee on the territory of a transport infrastructure facility designed to serve passengers:
1) assistance in moving around the territory of a transport infrastructure facility designed to serve passengers, including when entering a vehicle and leaving it, to the place of boarding the vehicle and from the place of disembarkation from it, when checking in luggage, receiving luggage;
2) the admission of a guide dog if there is a document confirming its special training and issued in the form and in the manner determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of social protection population (hereinafter referred to as the special document).
4. In a vehicle, a disabled passenger is provided by the carrier, including when transported by a vehicle on request, without charging an additional fee, the following services:
1) ensuring boarding and disembarking from a vehicle, including using special lifting devices for disabled passengers who are unable to move independently;
5. When transporting disabled passengers and their luggage by passenger taxis, they are provided with the following services at no extra charge:
1) assistance by the driver to a disabled passenger when boarding and disembarking from a vehicle;
2) transportation of guide dogs with a special document;
3) transportation of a wheelchair of a disabled passenger.
6. The vehicle shall be equipped with inscriptions, other textual and graphic information in large print, including Braille.
(The article was additionally included from July 1, 2016 by the Federal Law of December 1, 2014 N 419-FZ)
Article 22
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 arrival of the passenger, the fee for storage of such baggage from the day of its delivery until the day following the day of the passenger's arrival is not 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
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 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 baggage on orders (Articles 27 - 30)
Article 27
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 charter agreement specified in paragraph 1 of this article provides for the provision of vehicles for the transportation of an indefinite number of persons, collection of payment 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
1. The provision by the charterer of a vehicle for the carriage of passengers and baggage on an 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 perform the charter agreement and collect from the charterer a fine provided for by Part 2 of Article 34 of this Federal Law.
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
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 carry-on baggage 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 (Articles 31 - 33)
Article 31
1. Transportation of passengers and luggage by passenger taxi is carried out on the basis of a public charter agreement concluded orally.
2. A charter contract for 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 blank strict accountability or cash receipt confirming the payment of the cost of using a passenger taxi.
Article 32
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. Responsibility of carriers, charterers, consignors, 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 to him in the manner prescribed by the legislation of the Russian Federation.
3. For untimely provision of a vehicle, container, stipulated 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 of established by the agreement 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.
14. The liability of the carrier for harm caused during the carriage of a passenger to his life or health and (or) baggage, hand luggage, is determined by international treaties of the Russian Federation or, if this Charter or the contract for the carriage of a passenger does not provide for a higher amount of compensation for the specified harm, in accordance with civil law.
Federal Law of June 14, 2012 N 78-FZ)
15. The carrier is obliged to ensure the payment of compensation on account of compensation for harm caused during the carriage of a passenger to his life, to citizens who, in accordance with civil law, have the right to compensation for harm in the event of the death of the breadwinner, in the absence of such citizens - to the spouse, parents, children of the deceased passenger, and in the event of the death of a passenger who did not have an independent income, to the citizens of whom he was dependent, in the amount of two million rubles. The specified compensation is distributed among the citizens who have the right to receive it, in proportion to the number of such citizens.
(The part is additionally included from January 1, 2013 by the Federal Law of June 14, 2012 N 78-FZ)
16. The carrier is obliged to ensure the payment of compensation on account of compensation for harm caused to the passenger's health during the carriage, in an amount determined based on the nature and degree of damage to health in accordance with the standards established by the Government of the Russian Federation. The amount of this compensation may not exceed two million rubles.
(The part is additionally included from January 1, 2013 by the Federal Law of June 14, 2012 N 78-FZ)
17. If the amount of compensation for harm caused to life or health during the carriage of a passenger, determined in accordance with civil law, exceeds the amount of compensation on account of compensation for harm, the payment of this compensation does not relieve the carrier from compensation for such harm in excess of the amount of compensation made .
(The part is additionally included from January 1, 2013 by the Federal Law of June 14, 2012 N 78-FZ)
18. In order to determine the period of carriage of a passenger, during which the carrier is liable for harm caused to the life or health of a passenger and (or) his luggage, hand luggage, the carriage of a passenger includes the period during which the passenger is in the vehicle, the period boarding the passenger in the vehicle and the period of disembarkation of the passenger from the vehicle.
(The part is additionally included from January 1, 2013 by the Federal Law of June 14, 2012 N 78-FZ)
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. Payment of the fine does not relieve the consignor from compensation for damage caused to the carrier by such violations (part supplemented from November 20, 2011 by Federal Law No.
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;
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. The fine for delay (demurrage) of containers is collected regardless of the fine 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 the 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
The carrier, charterer, consignor, consignee, charterer shall be released from liability provided for in Articles 34 and 35 of this Federal Law 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 36_1. Responsibility for violation of the rules for the transportation of passengers and luggage by passenger taxis and the transportation of passengers and luggage by order
Violation of the rules for the carriage of passengers and luggage by passenger taxis and the carriage of passengers and luggage by order entails administrative liability in accordance with the legislation of the Russian Federation.
(The article was additionally included from May 6, 2011 by the Federal Law of April 21, 2011 N 69-FZ)
Article 37. Invalidity of agreements
Any agreements between carriers, charterers and 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, suits (Articles 38 - 42)
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. Procedure for making claims against carriers, charterers
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 filing claims against carriers arising from contracts for the carriage of goods, such persons must be presented with claims.
3. The right to present claims against carriers, charterers in pre-trial procedure have persons who have concluded transportation contracts, charter contracts, consignees, as well as insurers who have paid insurance compensation in connection with the improper fulfillment by carriers, charterers of their obligations for the carriage of passengers and baggage, cargo, the provision of vehicles for the carriage 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 against 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. In case of partial satisfaction or rejection by the carrier or charterer of the applicant's claim, the notice 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. Procedure for filing claims against carriers, charterers
When filing claims in the manner prescribed by Article 39 of this Federal Law, 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 full 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 of relevant claims by them.
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 (Articles 43 - 44)
Article 43
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
November 8, 2007
N 259-FZ
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
Charter of road transport and urban land electric transport (as amended on October 30, 2018)
| Document's name: | Charter of road transport and urban land electric transport (as amended on October 30, 2018) |
| Document Number: | 259-FZ |
| Type of document: | the federal law |
| Host body: | The State Duma |
| Status: | current |
| Published: | Russian newspaper, N 258, 11/17/2007 Collection of Legislation of the Russian Federation, N 46, 11/12/2007, art. 5555 Parliamentary newspaper, N 156-157, 11/14/2007 |
| Acceptance date: | November 08, 2007 |
| Effective start date: | May 13, 2008 |
| Revision date: | October 30, 2018 |
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 regulates 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 the use of car trailers, car semi-trailers (hereinafter also referred to as vehicles), as well as the general conditions for providing 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 by international treaties of the 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 - a natural or legal person who, under a contract for the carriage of goods, acts on his own behalf or on behalf of the owner of the goods and is indicated in the bill of lading;
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 - an individual whose transportation 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 unimpeded 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 in the presence of 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 an expert assessment. 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. The procedure for determining the amount of natural loss of goods transported in bulk, in bulk, in bulk according to several waybills from one consignor to the address of 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 of the examination, unless another form of notification is provided for by the contract for the carriage of goods. Expenses associated with the examination are paid by the person who ordered the examination, with subsequent attribution of expenses 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 the consignee or consignor a fee determined by the contract for the carriage of goods.
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 the 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 boarding and disembarking of passengers in any place not prohibited by traffic rules 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 indicating part or all of the details in electronic form, 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 for the cases 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 arrival of the passenger, the fee for storage of such baggage from the day of its delivery until the day following the day of the passenger's arrival is not 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 ticket office before the departure of the vehicle and receive back the full cost of travel, baggage transportation, 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 charter agreement specified in paragraph 1 of this article provides for the provision of vehicles for the transportation of an indefinite number of persons, collection of payment 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 baggage on an 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 carry-on baggage 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. A charter contract for 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 a cash receipt confirming payment for 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 to 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, baggage is determined on the basis of the price of cargo, baggage, indicated in the seller's invoice or provided for in the contract for the carriage of goods, the contract for the carriage of passengers, and in the absence of an invoice or indication of a price in the contract, on the basis of 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 precautions 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. The fine for delay (demurrage) of containers is collected regardless of the fine 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 the 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 between carriers, charterers and 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 filing claims against carriers arising from contracts for the carriage of goods, such persons must be presented with claims.
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. In case of partial satisfaction or rejection by the carrier or charterer of the applicant's claim, the notice 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
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 regulates 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 the use of car trailers, car semi-trailers (hereinafter also referred to as vehicles), as well as the general conditions for providing 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 by international treaties of the 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 - a natural or legal person who, under a contract for the carriage of goods, acts on his own behalf or on behalf of the owner of the goods and is indicated in the bill of lading;
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 - an individual whose transportation 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 unimpeded 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 in the presence of 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 an expert assessment. 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. The procedure for determining the amount of natural loss of goods transported in bulk, in bulk, in bulk according to several waybills from one consignor to the address of 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 of the examination, unless another form of notification is provided for by the contract for the carriage of goods. Expenses associated with the examination are paid by the person who ordered the examination, with subsequent attribution of expenses 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 the consignee or consignor a fee determined by the contract for the carriage of goods.
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 the 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 boarding and disembarking of passengers in any place not prohibited by traffic rules 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 indicating part or all of the details in electronic form, 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 for the cases 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 arrival of the passenger, the fee for storage of such baggage from the day of its delivery until the day following the day of the passenger's arrival is not 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 ticket office before the departure of the vehicle and receive back the full cost of travel, baggage transportation, 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 charter agreement specified in paragraph 1 of this article provides for the provision of vehicles for the transportation of an indefinite number of persons, collection of payment 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 baggage on an 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 carry-on baggage 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. A charter contract for 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 a cash receipt confirming payment for 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 to 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, baggage is determined on the basis of the price of cargo, baggage, indicated in the seller's invoice or provided for in the contract for the carriage of goods, the contract for the carriage of passengers, and in the absence of an invoice or indication of a price in the contract, on the basis of 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 precautions 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. The fine for delay (demurrage) of containers is collected regardless of the fine 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 the 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 between carriers, charterers and 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 filing claims against carriers arising from contracts for the carriage of goods, such persons must be presented with claims.
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. In case of partial satisfaction or rejection by the carrier or charterer of the applicant's claim, the notice 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
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 regulates 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 the use of car trailers, car semi-trailers (hereinafter also referred to as vehicles), as well as the general conditions for providing 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 by international treaties of the 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 - a natural or legal person who, under a contract for the carriage of goods, acts on his own behalf or on behalf of the owner of the goods and is indicated in the bill of lading;
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 - an individual whose transportation 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 unimpeded 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 in the presence of 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 an expert assessment. 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. The procedure for determining the amount of natural loss of goods transported in bulk, in bulk, in bulk according to several waybills from one consignor to the address of 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 of the examination, unless another form of notification is provided for by the contract for the carriage of goods. Expenses associated with the examination are paid by the person who ordered the examination, with subsequent attribution of expenses 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 the consignee or consignor a fee determined by the contract for the carriage of goods.
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 the 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 boarding and disembarking of passengers in any place not prohibited by traffic rules 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 indicating part or all of the details in electronic form, 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 for the cases 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 arrival of the passenger, the fee for storage of such baggage from the day of its delivery until the day following the day of the passenger's arrival is not 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 ticket office before the departure of the vehicle and receive back the full cost of travel, baggage transportation, 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 charter agreement specified in paragraph 1 of this article provides for the provision of vehicles for the transportation of an indefinite number of persons, collection of payment 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 baggage on an 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 carry-on baggage 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. A charter contract for 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 a cash receipt confirming payment for 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 to 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, baggage is determined on the basis of the price of cargo, baggage, indicated in the seller's invoice or provided for in the contract for the carriage of goods, the contract for the carriage of passengers, and in the absence of an invoice or indication of a price in the contract, on the basis of 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 precautions 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. The fine for delay (demurrage) of containers is collected regardless of the fine 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 the 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 between carriers, charterers and 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 filing claims against carriers arising from contracts for the carriage of goods, such persons must be presented with claims.
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. In case of partial satisfaction or rejection by the carrier or charterer of the applicant's claim, the notice 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
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 agreement concluded between the parties, but its general 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 arising between the parties (citizens, organizations) in the course of providing services by road transport 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 railway transport RF” of January 10, 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:
- 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.
- 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.
- Code of Inland Water Transport of the Russian Federation of 07.03.2001 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. it regulations of a complex nature - a number of codes and charters contain not only civil law, but also a variety of administrative norms that regulate the features of the carrier's activities in a certain area. Single Transport Code RF is under development.
