38. Rules for the acceptance of goods for transportation: general provisions, the procedure for acceptance, responsible persons.

Shippers can present goods for transportation with the announcement of their value. Transportation of goods with the declaration of their value is carried out in accordance with the rules for the carriage of goods by rail.

The list of goods transported with a mandatory declaration of value is determined by the rules for the carriage of goods by rail.

For the carriage of goods with a declared value, charges are levied, the rates of which are established by the tariff manual.

The list of cargoes (with the exception of military cargoes) requiring mandatory escort and protection along the way is approved by the federal executive authority in the field of railway transport in agreement with the federal executive authority in the field of internal affairs. The protection of such goods is provided by the consignor, consignee or persons authorized by them under the contract.

The list of military cargo, which, during transportation, is subject to escort by subdivisions of military units, is established by the federal executive body, in which the legislation Russian Federation military service is provided for, in agreement with the federal executive body in the field of railway transport.

Transportation of goods with escort is carried out in accordance with the rules for the carriage of goods by rail.

Freight luggage in carload shipments (cargo luggage is considered to be presented for transportation in a separate wagon according to one transportation document) is transported accompanied by the sender or recipient or a person authorized by them under the contract.

Consignors (senders) are obliged to prepare cargo, cargo luggage for transportation in accordance with established standards, technical specifications for products, their containers and packaging and other acts in such a way as to ensure the safety of movement and operation of railway transport, the quality of transported products, the safety of cargo, cargo luggage, wagons, containers, fire safety and environmental safety.

The carrier and the owner of the infrastructure have the right to check the compliance of the tare and packaging of goods, cargo luggage, the quality of the transported products with the specified standards, specifications and other acts.

When transporting dangerous goods, the consignor is obliged to put on the container, wagons, containers signs, hazard codes, provided for by the rules for the carriage of goods by rail. The procedure for applying the indicated signs and codes is established by the federal executive body in the field of railway transport and is published in the collection of rules for transportation by rail.

When presenting food and perishable goods for transportation, the consignor (sender) is obliged to submit, together with the railway waybill, a document on the quality of goods (certificate), signed by the consignor (sender) or a quality expert and dated on the day such goods were loaded into the wagon, container, unless otherwise stipulated by other regulatory legal acts.

Consignors (senders), consignees (recipients), carriers, owners of infrastructures are liable for losses incurred in the course of transportation due to accidents that occurred through their fault, including the transportation of goods, cargo luggage subject to special conditions of transportation, environmental pollution, breaks in the movement of trains, including reimbursement in accordance with the legislation of the Russian Federation for the costs of eliminating such situations.

0 of the time of delivery of wagons, containers for loading, the carrier notifies the consignors no later than two hours before such filing and.

The technical suitability of wagons and containers delivered for loading is determined by the carrier. The carrier is obliged to submit for loading serviceable, inside and outside cleaned of the remnants of previously transported goods, if necessary, washed and disinfected, suitable for the carriage of specific goods, wagons, containers with removed fastening devices, with the exception of non-removable fastening devices.

Preparation for loading, including loading, of wagons and containers belonging to the carrier is carried out by the carrier or consignors at the expense of the carrier in accordance with the agreements concluded between them, and the preparation of wagons, containers that do not belong to the carrier, including specialized wagons, containers, is carried out by shippers or, if possible, by the carrier at the expense of shippers in accordance with the agreements concluded between them.

Before loading tanks, shippers check the technical serviceability of boilers, fittings and universal drain devices of tanks.

Commercial suitability of wagons, containers (the condition of the cargo compartments of wagons, containers suitable for the carriage of a particular cargo, the absence of foreign odors inside wagons, containers, other adverse factors, with the exception of the effects of atmospheric precipitation in open wagons, as well as features of the internal structures of wagon bodies, containers affecting the state of goods during loading, unloading and transportation) for the carriage of the specified cargo is determined in relation to:

wagons - by consignors, if loading is provided by them, or by a carrier, if loading is provided by him;

containers - shippers.

Consignors have the right to refuse wagons, containers unsuitable for the carriage of a particular cargo, and the carrier is obliged to replace the specified wagons, containers with serviceable wagons, containers suitable for the carriage of such cargo. At the same time, wagons recognized as unsuitable are excluded from the number of wagons submitted and no fee is charged for their use.

The carrier, when supplying loaded wagons to the railway siding, in the order of dual operations, determines the technical suitability of such wagons for loading a specific cargo.

Loading of cargo, cargo luggage into wagons, as well as unloading from them in places of common and non-public use is provided by consignors (senders), consignees (recipients). The loading of empty or loaded containers into wagons, as well as the unloading of such containers from them in public places, is provided by carriers at the expense of the consignees with payment by agreement of the parties, unless otherwise provided by the legislation of the Russian Federation.

Carriers, owners of infrastructures, other legal entities and individual entrepreneurs, in the presence of appropriate loading and unloading machines and devices, can undertake loading and unloading operations under an agreement with shippers, consignees.

Loading of cargoes into containers and unloading of cargoes from containers in places of general and non-public use are provided by consignors, consignees.

Costs of carriers, including costs associated with the supply and cleaning of wagons, containers, loading and unloading of goods, cargo luggage, issuance of sanitary passports, storage of goods and containers, as well as fees for the use of wagons and containers and others arising in connection with the performance of these works on the initiative or instruction of the customs authorities or other bodies of state control (supervision), expenses are reimbursed at the expense of consignors, consignees.

Loading of goods, cargo luggage into wagons, containers is carried out on the basis of the technical standards for their loading established by the federal executive body in the field of railway transport, but should not exceed the carrying capacity of wagons, containers according to the stencils indicated on them.

The placement and securing of cargo, cargo luggage in wagons and containers is carried out in accordance with the requirements of the technical conditions for the placement and securing of goods in wagons and containers, approved by the federal executive body in the field of railway transport.

The list of goods, the transportation of which is allowed in open railway rolling stock, as well as the lists of goods that can be transported in bulk, in bulk, are established by the federal executive body in the field of railway transport and are subject to publication in the collection of rules for transportation by rail.

The equipment, materials, packaging means and other devices necessary for loading, securing and transporting goods, cargo luggage, including animal cages, shields, wagon stoves, are provided by the consignors (senders). The installation of such devices during loading and their removal during unloading are carried out by consignors (senders), consignees (recipients), the carrier or other legal entities and individual entrepreneurs, depending on who provides loading and unloading.

The specified equipment, materials, packaging means and other devices may be provided by carriers on the terms of the contract.

When presenting cargo for transportation, the consignor must submit to the carrier for each shipment of cargo a railway waybill drawn up in accordance with the rules for the carriage of goods by rail and other documents provided for by the relevant regulatory legal acts. The indicated railway bill of lading and the receipt issued on its basis by the carrier to the consignor confirming the conclusion of the contract for the carriage of goods.

In accordance with the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him to the destination railway station in compliance with the conditions of its transportation and to release the goods to the consignee, the shipper undertakes to pay for the carriage of the goods.

When accepting cargo for transportation, the carrier is obliged to affix a calendar stamp in the railway consignment note. The receipt of acceptance of the cargo is issued to the consignor against signature in the appropriate column of the back of the road sheet.

Weighing of cargoes, cargo luggage is provided by:

by carriers when they ensure loading and unloading in public places;

consignors (senders), consignees (recipients) when they ensure loading and unloading in places of public and non-public use and on railway tracks of non-public use. Carried out by the carrier weighing of goods, cargo luggage is paid by the consignor (sender), consignee (recipient) in accordance with the contract.

The carrier has the right to verify the authenticity of the mass of goods, cargo luggage and other information specified by the consignors (senders) in the railway bills of lading (applications for the carriage of cargo luggage).

For distorting the names of goods, cargo luggage, special marks, information about cargo, cargo luggage, their properties, which results in a reduction in the cost of transportation or the occurrence of circumstances that affect traffic safety and operation of railway transport, as well as for the dispatch of goods prohibited for transportation by rail , cargo luggage shippers (shippers) are responsible.

Loaded wagons, containers must be sealed with locking and sealing devices by carriers and at their expense, if loading is provided by carriers, or by shippers (shippers) and at their expense, if loading is provided by shippers (shippers). In cases specified by the rules for the carriage of goods by rail, empty wagons, containers must be sealed in the manner prescribed for loaded wagons, containers.

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

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

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

In case of untimely payment by the consignor (sender) of the specified fee and other payments due to the carrier for the previous transportation of goods, cargo luggage, the acceptance of goods, cargo luggage for transportation and the supply of wagons, containers are not carried out, unless otherwise provided by this Charter or agreement of the parties.

The fulfillment of the obligation to pay for the carriage of goods is the fact of making payment to the carrier, unless otherwise provided by the contract.

Final payments for the transportation of goods, cargo luggage and additional works (services) related to the transportation of goods, cargo luggage are made by the consignee (recipient) upon arrival of the goods, cargo luggage at the destination railway station until they are issued. If circumstances are identified that entail the need to recalculate the cost of transportation and the amount of other payments and fines due to the carrier, recalculation can be made after the release of goods, cargo luggage.

In case of untimely settlements for the carriage of goods, cargo luggage due to the fault of the consignor (sender) or consignee (recipient), the carrier has the right to demand payment of interest on the amount of the overdue payment in the amount and in the manner established by civil law, Before the consignee (recipient) pays all wagons, containers not issued to the consignee (recipient) due to the carrier of payments are on his responsible demurrage and he is charged for the use of wagons, containers.

If the transportation of goods, including those under customs control, threatens the health or life of citizens, traffic safety and operation of railway transport, environmental safety, the change in the destination of such goods is carried out by the carrier without agreement with the relevant customs authority, consignor, consignee, followed by prompt notice to them.

During the downtime of wagons, containers in anticipation of redirection due to circumstances beyond the control of the carrier or the owner of the infrastructure, the consignor, consignee pays a fee for the use of wagons, containers under the contract, unless otherwise provided by the legislation of the Russian Federation. In the event of a delay in the redirection of goods due to the fault of the carrier, payment for the use of wagons and containers is not paid.

The carrier's expenses arising in connection with the forwarding of goods shall be reimbursed by the consignor or consignee, on whose initiative the forwarding of goods is carried out, in accordance with the contract.

The basis for accepting cargo for transportation is the presence of an application for cargo transportation. Forms of applications for the carriage of goods, the procedure for their completion, execution and accounting, the list of goods transported (nomenclature of goods) are established by the federal executive body in the field of railway transport and published in the collection of rules for transportation and tariffs for railway transport.

Acceptance for transportation of goods is carried out in places of common and non-public use of railway stations open for cargo operations.
The list of such stations is published in the collection of rules for transportation and tariffs on railway transport.

Applications for the carriage of goods are submitted by consignors to the departments of railways of departure of goods at least 10 days before the start of transportation of goods, and also at least 15 days before the start of transportation of goods sent for export or in direct mixed traffic.

At the request of shippers, if there is a need for urgent transportation of goods, railways may set other deadlines for submitting applications within one railway (local traffic) independently, and within several or all railways (direct traffic), for export and in direct mixed traffic as agreed with the federal executive body in the field of railway transport.

The Railway Administration must consider the submitted application within 3 days for the carriage of goods in a direct message, within 10 days for the carriage of goods sent for export, and for the carriage of goods in a direct mixed message, inform the consignor of its acceptance or return it with a justification for refusal.

An application for the transportation of goods is submitted to the railway department in triplicate, indicating the volume of transportation of goods in wagons and tons in accordance with the established nomenclature, with distribution by type of cargo, railways of destination and dates of loading, and for the transportation of goods within the limits of the railway of departure - with distribution by type of cargo, railway stations of destination and dates of loading.

After consideration of the application by the railway administration, it is affixed with:

A mark of the railway management on its acceptance;
. visa (consent) of the head of the station;
. shipment date.

One copy of the application for the carriage of goods with a mark of its acceptance is sent to the consignor, the other - to the head of the railway station of departure. The head of the railway station of departure, together with the consignor, no later than 3 days before the start of the execution of the application for the carriage of goods, specifies the number of wagons, containers necessary for the supply by day, type of cargo and railways. The specified data are entered into the registration card, which is signed by the head of the railway station and the consignor at the end of each reporting day.

Forms of applications for the carriage of goods, the procedure for their completion, execution and accounting, the list of goods transported (nomenclature of goods) are established by the federal executive body in the field of railway transport and published in the collection of rules for transportation and tariffs for railway transport.
For the introduction, at the initiative of consignors, into accepted applications for the carriage of goods, changes relating to direct communication with the distribution of carriage of goods by destination railways or concerning local communication with the distribution of carriage of goods by railway stations of destination, fees are charged from consignors, including in cases where applications for the carriage of goods are carried out in general, in the amount of:

0.03 of the minimum wage for each ton of cargo - for cargo transported in wagons and tons;
. two sizes of the minimum wage for each wagon, regardless of the type of wagons and the number of axles - for goods transported in wagons;
. 6.1 times the minimum wage for each container with a gross weight of up to 5 tons inclusive;
. 0.3 times the minimum wage for each container with a gross weight of 5 to 10 tons inclusive, the minimum wage for each container with a gross weight of more than 10 tons - for goods transported in containers. The consignor shall be notified about the forthcoming supply of wagons, containers for loading to the consignor no later than two hours before the delivery of wagons for loading.

The procedure for notification of the time of delivery of wagons for loading is established by the head of the station. At the suggestion of the consignor, a different notification procedure may be established.

When wagons are delivered by the railway without notifying the consignor, the time they are on the railway siding (ie the time paid by the consignor) is calculated two hours after the actual delivery of the wagons.

When wagons are delivered late against the time specified in the notification, the time spent by the wagons on the railway siding is calculated from the moment of actual filing. If the delay exceeds two hours, the railway is obliged to re-notify the consignor of the forthcoming delivery.
The head of the departure railway may temporarily suspend or restrict the loading of goods due to circumstances prevailing on the railway (force majeure, hostilities, blockades, epidemics, other circumstances that prevent the carriage of goods). In this case, the shipper is notified of such termination or limitation, and within 12 hours after receiving such notification from the railway, he is obliged to suspend or limit the loading of goods to the established amount.

At the same time, it should be borne in mind that the term for the temporary suspension or restriction of the loading of goods, introduced by the head of the railway, can only be established by the Minister of Railways of the Russian Federation or the Deputy Minister acting in his capacity.

If the consignor has not made payments for the previous transportation of goods, then the supply of wagons, containers for the next loading of cargo is terminated until such a payment is made.

Serviceable, cleaned inside and out, and, if necessary, washed and disinfected wagons suitable for the carriage of specific goods, containers with removed attachment devices (except for non-removable ones) are served for loading.

The suitability in the commercial sense of wagons, containers for the carriage of specific goods is determined in relation to: wagons - by the responsible loader (ie, either the consignor, or, in accordance with the contract, the representative of the railway); containers - by the consignor.

Shippers have the right to refuse wagons or containers that are unsuitable for the carriage of specific goods, and demand their replacement with serviceable or suitable for carriage.

In case of delivery to the consignor without his consent for loading empty uncleaned wagons, containers, the railway bears property liability in the established amounts.

If, with the consent of the consignor, the railway has submitted for loading empty, uncleaned wagons, containers with open hatches, doors, unremoved fastening devices, then the railway must reimburse the consignor for the costs of the relevant work carried out by him, for which the consignor is given the time by the railway, determined by agreement of the parties.

The facts of the unsuitability of wagons for the carriage of goods are documented in a general form act, which is signed by representatives of the railway and the consignor.

Consignors are obliged to prepare goods for transportation in such a way as to ensure traffic safety, safety of goods, wagons, containers.
In order to protect them from damage, deterioration, loss and shortage, as well as to prevent pollution and clogging of the rolling stock, railway track and the environment, they must be presented for transportation in packaged form using shipping containers.
Loading of goods into wagons is carried out:

By rail - in public places with the necessary devices and mechanisms, with the consent of the consignors, consignees, with the exception of:

A) dangerous and perishable goods; raw products of animal origin;
b) cargo, the weight of one piece of which is more than 0.5 tons and which is transported in a covered wagon;
c) oversized cargo; cargoes transported in bulk, in bulk and in bulk in specialized rolling stock, accompanied by representatives of consignors, consignees;

Consignors - in non-public areas, as well as in public areas, if the loading of goods is not required for the railway.

Loading of goods into containers in places of common and non-public use, as a general rule, is carried out by shippers.

Loading, placement and securing of goods in wagons, containers must ensure the safety of train traffic, the possibility of mechanization of loading and unloading operations, the safety of goods, wagons, containers in accordance with the requirements of GOST 22235-76 "Rules for the transport of goods". In any case, the loading of goods into wagons, containers must be carried out on the basis of the technical standards for their loading established by the federal executive body in the field of railway transport, but must not exceed the carrying capacity of wagons, containers according to the stencils indicated on them.

As a general rule, the equipment, materials, packaging means and other devices necessary for loading and for the transportation of goods are provided by shippers. The installation of such devices during loading is carried out by the loader in accordance with the contract of carriage (i.e. by shippers or by the railway).

It is prohibited to load into one wagon cargo, which, due to its properties, can damage or spoil other cargo. Placement of tare and piece goods in the interdoor space of the car is carried out with a gap between the door and the load of at least 25 cm.

Cargoes must be loaded into wagons, containers, taking into account the technical standards for their loading established by the Ministry of Railways of Russia, but not higher than the carrying capacity according to the stencil on the wagon, container. Cargoes for which technical loading standards have not been established are loaded to the full capacity of wagons, containers, but not higher than the carrying capacity according to the stencil on the wagon, container.

Loading of goods with a length of more than two meters into covered wagons going to public places is not allowed, with the exception of goods to be unloaded in public places by the consignee.

The cargo loaded on an open rolling stock (including packaging and fastening) must be placed within the limits of loading dimensions established by the Ministry of Railways.
Cargoes that cannot be placed on open rolling stock within the limits of loading dimensions are transported in accordance with the procedure established by the Ministry of Railways. After loading is completed, the consignor cleans the roof, loading hatches of covered and specialized wagons from the remnants of the loaded cargo, wipes the stencil inscriptions on the wagon, cleans the frame and running gear of the wagon.

During the production of loading and unloading operations, the requirements of GOST 22235-76 "Rules for the transport of goods" and other regulatory and technical documents containing requirements for ensuring the safety of wagons and containers must be met.

Trucking of goods consists of transporting goods on the basis of plans adopted in a certain form. In addition, delivery occurs after the conclusion of a contract for the carriage of goods. If such an agreement has been concluded, then the sender of the goods submits a specific application to the haulier company, and if there is no contract for the carriage of goods, then the carrier company receives a single order.

general information

A preliminary application must be submitted to the trucking company within the time specified in the contract. If the trucking company agrees, then the consignor can send an application for cargo transportation using a telephone message, in which he will indicate all the necessary data.

Depending on the scale and type of transportation, the carrier company will choose the type and number of trucks that will be involved in the delivery of goods.

The duties of the carrier company include the timely delivery of the car transporter to each loading or unloading point, which will be registered in the submitted application or in a single order. In addition, the rolling stock must be in a quality condition for the delivery of a specific type of cargo, including the cleaning treatment of vehicles.

If the rolling stock was submitted in a form of poor quality for the delivery of goods, then this is equivalent to the fact that it was not submitted at all. On this fact, the consignor must draw up a special act of a certain form.

If within a certain month the motor transport company has not fulfilled the plan for providing the necessary rolling stock, then the second party to the transport contract has the right to demand from the transport company during the next quarterly month the allocation of additional vehicles for the delivery of underloaded goods. If transportation was not provided in the current quarter, then this must happen in the first month of the subsequent quarterly period.

Allocation of additional car carriers for the delivery of underloaded goods takes place in the manner agreed between the trucking company and the sender or recipient of the goods. If one of the parties does not fulfill the obligations assumed, then it bears the responsibility provided for by the contract or the charter of road transport.

The route by which the carrier company will deliver the goods should be the shortest. The only exceptions may be cases when the traffic situation does not allow this, and you have to move along a longer path. If this happens, then the carrier is obliged to inform the customer about the change in the route even when accepting the application (order).

Acceptance of cargo for transportation must be carried out in compliance with the following conditions by the consignor:

• for a more reasonable use of vehicles and the preservation of goods during movement, its sender must prepare it for transportation (pack, place in groups depending on the specific place of arrival);
• prepare bills of lading (TTN) and other necessary papers, and, if necessary, pass forms allowing movement through the loading and unloading area.

If the sender of the goods did not bring the goods into a quality condition on time, and it does not comply with the rules of transportation, then the goods are considered not presented. In this situation, he must pay the cost of the car mileage in both directions from the area of ​​origin vehicle to the loading area. In addition, the downtime of the car is paid. Also, the legislative documents spell out penalties and liability of the parties for the wrong form (TTN).

The goods must be transferred by the sender to the carrier company, accompanied by the necessary certificates, health certificates and other documents indicating that its condition complies with safety and other standards.

Goods transported in the same vehicle must have identical properties. Otherwise, their joint transportation may threaten damage to the goods.

During the transfer of the goods from its sender to the trucking company, the customer has the right to track how well it was loaded into the vehicle, and also whether the carrier took into account his recommendations for delivery, which were written in the shipping documents.

The trucking company has the right to disagree with the acceptance of the goods in the following situations:

• the packaging material or container of the cargo handed over for delivery is damaged or has other deviations from the norm;
• incoming cargo, not specified in the application, will have to be transported by a single order, and if long-distance transportation is expected, then it must be sent to another locality;
• if the incoming cargo must be transported on one vehicle, and its mass exceeds the permissible weight of the rolling stock, which was filed for loading the goods on the application or order;
• the impossibility of transporting goods due to uncontrollable phenomena, weather conditions or obstacles on the road that caused a stop or delay in the delivery of goods by road for a certain period of time.

If the refusal to accept the goods was caused by the first three items listed, then the customer is obliged to pay compensation to the trucking company Money spent by the latter on the actual mileage of the transport in both directions from the place where the car started to the place of the intended loading. This compensation is calculated based on the tariff rates for road delivery of goods.

The sender of goods does not have the right to offer, and the trucking company to accept cargo for transportation in certain situations:

• such transportation is prohibited by article 18 of the automobile rules;
• the commodity type of cargo is not registered in the consignment note (TTN);

The company-road carrier can transport goods both after performing all the necessary operations for their acceptance, their transfer by the forwarder and escort, and without them.

Forwarding support

However, there are certain types of cargo for which forwarding support is necessary. If the freight forwarder represents the customer's side, the latter must ensure that the accompanying person arrives at the place of loading of the goods in time when the rolling stock arrives. If this condition was not met, and the freight forwarder was late, then the recipient (sender) of the goods must be liable to the carrier company for the delay of the rolling stock. This is spelled out in article 141 of the automobile rules.

The carrier company can wait for the arrival of the forwarder on the part of the sender (recipient) of the goods within one hour. If after this time the accompanying person has not appeared, the transport company has the right to return the truck to the place or use it on other transportation lines. The situation that has arisen turns the transportation into a failed one, ceases to accrue, and the carrier company is no longer responsible for failure to comply with the transportation agreements.

Actions of the forwarding driver

When the forwarding driver accepts the goods for transportation, he shows the sender a service document, as well as a waybill with the seals of the carrier company. The latter is necessary in order for the rolling stock with the people located in it, the list of which is listed in the waybill, to be able to enter the territory of the sender or recipient of the cargo. In some situations, this requires a special permit.

Since the issuance of special passes provides for their preliminary production and preparation, then, if they are necessary for the entry or exit of a vehicle from the territory, the carrier company and the sender or recipient of the goods must provide for the procedure for issuing them in contracts. Such special permits are among the measures aimed at the correct use of the road train.

Separate moments of receipt of expensive goods by a forwarding driver can be specified in the contractual papers of transportation. For example, the carrier company and the sender or customer of the cargo may note that the driver should receive valuable goods only after presenting a passport.

Transportation of valuable goods

In certain cases, goods with a declared value need to be transported. The sender or customer of the goods must declare the value of the following types of goods:

• expensive metals and objects made from them; ancient monuments, sculptures, jewelry, paintings, antiques, art products, carpets self made, equipment, machines and mechanisms for experiments with prices not approved for them;
• household items;

Goods with a short period of use, dangerous, bulk, bulk, liquid and sealed cargoes cannot be declared valuable. In addition, two types of cargo cannot be recorded in one commodity-transport documentation at once: simple and valuable.

The declared value should not be higher than the real value of the goods. If the two parties of road transportation cannot agree on the value of the goods, then an examination should take up its determination, the results of which are prescribed in a special act.

Transportation of valuable cargo must be accompanied by an inventory of packages, compiled by the consignor of cargo in three samples in a specific form. All three copies must be handed over to the trucking company. The transport company checks the inventory, after which one sheet is returned to the customer, the second remains in the hands of the carrier, and the third is transferred to the recipient of the goods after it has been delivered to the destination.

If bulk, bulk, liquid cargo or goods in containers are transported, then the consignment note for them must contain the mass of these cargoes.

Goods transported in containers or by pieces are allowed before transportation only if their weight and number of cargo items are specified in the shipping documentation. At the same time, the sender of the goods must, even before the moment of its transfer, determine its weight and write it down on the cargo positions. The total commodity weight is found out by means of actions on the scales or recalculation of cargo items according to a single standard. At the same time, the weight of special types of cargo can be calculated approximately or by volumetric weight, if it suits both parties of the operation. The consignor must make a note in the shipping documentation about the mass of the cargo and the method of its clarification.

The weight of the item is determined by technical means its sender. At the same time, both parties take part in this process. Independent determination of the weight of the cargo by its sender occurs in those situations when the goods are transported in covered vehicles, trailers, separate automobile sections, tanks or containers, on which there is a seal (sign) of the consignor.

If the product has a marked total or specific weight, then it does not need to be reweighed. The forwarding driver must check the integrity of the container or packaging and, in the absence of damage to it, accept such a cargo from its sender, agreeing with the weight indicated on the label.

If it is necessary to transport goods that have one standard size and are transported to one customer, then it is not at all necessary to indicate the weight on each cargo item. The exceptions are situations where the mandatory indication of the mass of goods is provided for by state regulations. At the same time, the column “Method of determining the weight” is filled in the invoice, in which it is written “according to the standard”.

If the transportation will consist of non-marketable goods, then their quantity is determined by measurement or weighing certificates, which are compiled jointly by both parties. Determining the amount of soil during its large-scale transportation occurs using geodetic measurement. The basis for drawing up a weighing report is the control weighing of several vehicles, after which the average commercial weight in one vehicle of a certain brand is determined. Geodetic measurement of the amount of cargo occurs as follows: the scale indicators of this measurement are multiplied by the volumetric weight of the goods, which is determined by the laboratory method.

If any of the parties of transportation declares a change in the properties of the cargo or other requirements of transportation, then it is necessary to make one more control weighing or re-determine the volumetric mass of the cargo.

None of the parties, whether it is the carrier company, the sender of the goods or its recipient, has the opportunity to refuse to repeat the weighing procedure or determine the volumetric weight of the goods. In any case, the trucking company has the right to require additional verification of the quantity or mass of goods, whose results must be entered in the transport documents.

If, in order to avoid damage, theft or damage to the cargo, the presence of containers is necessary, then it must be prepared for transportation in an intact condition in accordance with state standards and specifications. Individual cases allow other serviceable containers necessary to ensure the complete integrity of the cargo. When transporting agricultural products, containers can be used that have non-standard sizes or shapes, which contribute to their complete safety.

If the transport company detects damage to the container, it has the right to require the consignor to correct them and bring the packaging into the proper form that meets the requirements of Article 52 of the automobile charter.

The sender of the goods bears all responsibility for the consequences of poor-quality inner packaging (deformation, cracks, leaks, etc.). In addition, the customer of transportation is responsible for the use of packaging or containers that do not fit the properties, weight, standards or technical qualities of the goods.

Transportation and acceptance to it of goods that do not fall under the general rules for road freight transportation take place in accordance with the procedure for transporting certain types of goods.

Video: Loading Disruptions

Like other areas of activity, road transport affects the interests of several parties of participants, which are regulated by regulatory and legal acts. The entire transportation process, from the very beginning - the acceptance of cargo and until the moment of its delivery, is clearly spelled out in the Rules for the Transportation of Goods for Motor Vehicles, which was developed on the basis of the charter of automotive equipment.

Loading rules

According to these rules, the acceptance of goods by a transport company must be carried out on the basis of a transportation organization agreement, applications and work orders. In accordance with the data specified in the document, and previously agreed by both parties, the carrier must provide the necessary serviceable equipment on which the transportation will be carried out.

In turn, the shipper must properly prepare the cargo for loading: arrange, pack and, if necessary, mark it. Weighing of the cargo is carried out by the sender, or in the presence of a person representing the cargo transportation company. It should also be used for sealing in case of transportation by container. By agreement of the parties, all of the above procedures can be carried out by the carrier.

Rules for loading material assets

In the case of transportation of such goods, packaging, loading and sealing must be carried out by the sender himself. Loading and proper placement in the back of a truck is carried out in accordance with the requirements for the safe delivery of valuable goods. To ensure that the cargo is not damaged during transportation. Loading times are calculated in accordance with the standards prescribed in the Rules, or are established on the basis of a signed contract.

Documentation

A document that confirms the fact of acceptance of the goods by the transport company, in addition to the contract itself, is the waybill. The shipper must issue three sets of this document, regardless of the amount of cargo that will be transported by one vehicle.

The number of invoices must correspond to the vehicles on which the delivery will be carried out. The very fact of acceptance of the cargo is confirmed by the signatures of both parties of the sender and the recipient.

It should contain all the necessary information about the cargo, the conditions under which transportation will be carried out, an indication of the company of the sender, recipient and carrier, as well as the addresses of the places where unloading will take place.

Along with all this, the invoice must indicate:

• Shipping Name.
• Number of seats.
• Type of packaging.
• Marking.
• Cargo sealing information.

It is also a mandatory procedure - this is the recording of information on the acceptance of an order, the type and number of the carrier's equipment, the necessary information about forwarding, the cost of related services. The cost of the goods must also be indicated on the invoice, but it should not exceed the actual value of the goods.

When is an invoice not required?

Such a document will not be needed in cases of transportation of goods on the basis of a charter agreement, or in the case of personal escort of the goods by the sender. The only document for transportation under the supervision of the consignor will be the work order.

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.

5. The 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 transportation 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 carriage 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 by Part 1 of Article 34 of this Federal Law. 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 shipper 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 goods presented for transportation with the requirements established by the rules for the carriage of goods, and the failure of the consignor to bring the goods 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 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 vehicles, containers and unloading of goods from them must be carried out within the terms established by the contract for the carriage of goods, and if the specified terms are not established in the contract for the carriage of goods, within the terms provided for 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 the identity document and the waybill to the consignor 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 waybill to the consignee at the 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 part 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, consignee are obliged to mark in the waybill, consignment note, accompanying statement 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 shall be returned by the carrier to the consignor in accordance with its indication in the bill of lading and at the expense of the consignor, and in the absence of such 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 cargo into a vehicle, container and unloading cargo 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 permissible mass vehicle and (or) the permissible axle load of the vehicle, established in accordance with the legislation of the Russian Federation.

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 mass must be determined and indicated in the relevant bills of lading.

2. Goods in tare or packaging, as well as piece goods are accepted for transportation with the indication of the weight of the goods and the number of packages in the bill of lading. The mass of goods in containers or packages, as well as the mass of piece goods are determined by the consignor before they are presented 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 weight of the 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 goods.

3. Unless otherwise provided by the contract for the carriage of goods, the consignor and the consignee 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 is reimbursed by the consignor.

6. If a perishable cargo carried in an interurban traffic cannot be released to the consignee for reasons beyond the control of the carrier, the carrier requests the consignor for instructions regarding the cargo. If the consignor does not give instructions within four days from the date of receipt of the request, including on re-addressing the cargo, the carrier, in accordance with the established procedure, has the right to sell the cargo under a sales contract 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 cargo and the number of packages when issuing cargo to the consignee at the point of destination must correspond to the procedure for checking the mass of cargo and the number of packages when accepting cargo from the consignor at the point of departure.

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

9. Issuance of cargo by the carrier at the 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. Issuance by the carrier of cargo in a container or package with a check of the mass, 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 under several waybills from one consignor to one consignee, is established by the rules for the carriage of goods.

13. The shortage of cargo transported in bulk, in bulk, in bulk with transshipment or reloading in transit 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 within 24 hours 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 deadline for storing the 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, which, 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 disinfecting vehicles and 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 charter agreement specified in part 1 of this article must include:

1) information about the charterer and the charterer;

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;

5) terms of transportation;

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

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

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 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 part 1 of this article and collect from the charterer a fine provided for in part 2 of article 35 of this Federal Law.