RESOLUTION OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF BELARUS

of August 28, 2020 No. 44

About change of the resolution of the Ministry of Transport and Communications of the Republic of Belarus of January 26, 2009 No. 12

Based on the paragraph of the fifth of part one of article 9 of the Law of the Republic of Belarus of January 6, 1999 "About rail transport" and parts five of Item 6 of the Charter of rail transport of the general use approved by the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1196, the Ministry of Transport and Communications of the Republic of Belarus DECIDES: No. 237-Z

1. Bring in the resolution of the Ministry of Transport and Communications of the Republic of Belarus of January 26, 2009 No. 12 "About approval of rules of transportation of goods by railway transport public" the following changes:

1.1. state preamble in the following edition:

"Based on the paragraph of the fifth of part one of article 9 of the Law of the Republic of Belarus of January 6, 1999 "About rail transport" and parts five of Item 6 of the Charter of rail transport of the general use approved by the resolution of Council of Ministers of the Republic of Belarus of August 2, 1999 No. 1196, the Ministry of Transport and Communications of the Republic of Belarus DECIDES: No. 237-Z";

1.2. state Item 1 in the following edition:

"1. Approve:

Rules of issue of loads on rail transport public (are attached);

Rules of filling of carriage documents on transportation of goods by railway transport public (are attached);

Rules of transportations by railway transport public of loads by groups of cars on one delivery note (are attached);

Rules of transportations by railway transport public of loads by consignor routes (are attached);

Rules of transportations by railway transport public of loads in universal containers (are attached);

Rules of transportations by railway transport public of loads in specialized containers (are attached);

Regulations of Admission of shipping requests of loads (are attached) by railway transport public.";

1.3. in Rules of issue of the loads on rail transport public approved by this resolution:

from part two of Item 6 of the word", the Council of Ministers of the Republic of Belarus approved by the resolution of August 2, 1999 No. 1196 (The national register of legal acts of the Republic of Belarus, 1999, No. 67, 5/1506; National legal Internet portal of the Republic of Belarus, 18.07. 5/40785)" to exclude 2015,;

to exclude from Item 9 of the word "according to the procedure, established by the rules of creation of acts in case of transportation of goods by railway transport public approved according to the legislation";

in paragraph four of Item 14 of the word "rules of transportation of goods" shall be replaced with words "The rules of sealing of cars and containers on rail transport public approved by the resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40";

from Item 17 of the word", approved by the resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40 "About approval of rules of transportation of goods by railway transport public" (The national register of legal acts of the Republic of Belarus, 2008, No. 106, 8/18622; The National legal Internet portal of the Republic of Belarus, 28.08.2012, 8/26317)," to exclude;

the second Item 22 after the word "positions" to add part with the word of "employee";

in Item 24:

third to state part in the following edition:

"Extreme values of discrepancies in results of determination of net weight of load are established by carrier, including national association "Belarusian railroad" concerning national (common network) carriers.";

to exclude from part four of the word "to these rules";

to add part one of Item 31 with the word of "employee";

1.4. in Rules of filling of the carriage documents on transportation of goods by railway transport public approved by this resolution:

from Item 2 of the word" (2000, No. 74, 5/3775)" to exclude the national register of legal acts of the Republic of Belarus;

in item 4 of the word to "appendix to these rules" shall be replaced with words to "appendix 1";

state Items 7 and 8 in the following edition:

"7. The delivery note is drawn up in the form of the electronic document (electronic waybill), except as specified, of the these rules specified in part one of Item 8.

The procedure for exchange of electronic documents, including delivery notes, between carrier, the consignor, the consignee is determined by the agreement on electronic exchange of documents.

8. Registration of delivery note is on paper allowed in case of absence at carrier of technical, technological capability of execution of the electronic waybill.

In case of registration of delivery note on paper sheets 1, of 2, of 3, the 4th delivery note are made by typographical or computer method and printed by font of black color on paper of the A4 format. Their filling is performed typewritten, including computer, by method. Separate data can be specified in the form of stamps.

Erasures and blots in the delivery note which is drawn up on paper are not allowed. In need of change of the data entered by the consignor in delivery note, the consignor fills in the new form of delivery note.

Brought in the delivery note which is drawn up on paper by carrier of change and amendment of data are certified by the signature of the authorized representative of carrier with indication of position of the employee, surname and initials and calendar stamp of carrier.";

state Item 10 in the following edition:

"10. In transit loads, the drawn-up delivery note on paper, sheet 1 (the original of delivery note) together with the road sheet follows with loads to railway station of destination. Sheet 1 (the original of delivery note) is issued by carrier to the consignee under list in the road sheet.

In case of execution of the electronic waybill the electronic receipt on cargo reception signed by the digital signature (further - the EDS) the authorized representative of carrier is submitted to the consignor. In the presence of the contract on electronic exchange of documents between the consignee and carrier on railway station of destination sheet 1 of the electronic waybill signed by the EDS of the authorized representative of carrier is submitted to the consignee. Assurance of receipt by the consignee from the railway station of sheet 1 of the electronic waybill is the electronic road sheet signed by the EDS of the authorized representative of the consignee.

If cargo hauling cannot be continued or its issue cannot be made with use of the electronic waybill, the carrier self-constructs transition to delivery note on paper and transfer into paper of the electronic documents attached to it. At the same time in the column "Marks of Carrier" of leaf of 1 delivery note and in the road sheet in the electronic waybill and delivery note on paper the carrier puts down mark: "Transition from the electronic waybill on paper". This mark and paper documents attached to delivery note are certified by the signature of the authorized representative of carrier at the railway station and calendar stamp of carrier.

When using the electronic waybill of the data, containing in stamps, are brought in the electronic waybill.";

to state the paragraph of the sixth part one of Item 11 in the following edition:

"the loads having according to the Storage precautions of loads in places public of railway stations approved by the resolution of the Ministry of Transport and Communications of the Republic of Belarus of March 31, 2008 No. 40, different storage durations, except as specified, when loads go under unloading to places of uncommon use.";

from part two of Item 13 of the word", the Council of Ministers of the Republic of Belarus approved by the resolution of August 2, 1999 No. 1196 (The national register of legal acts of the Republic of Belarus, 1999, No. 67, 5/1506; National legal Internet portal of the Republic of Belarus, 18.07. 5/40785)" to exclude 2015,;

exclude Item 15;

in Item 20 of the word "name and middle name (completely)" shall be replaced with words "own name, middle name (if that is available)";

in part one of Item 24 of the word "name and middle name of physical person (completely)" shall be replaced with words "own name, middle name (if that is available) physical person";

in Item 29:

state part one in the following edition:

"29. In the column "Name of Load" the name of load and its code according to the Single Tariff and Statistical Nomenclature of Loads (STSNL) approved by the decision of the 20th meeting of Council for rail transport of the State Parties of the Commonwealth are specified.";

"the seal used in case of financial transactions and" to exclude from word part four;

after part ten to add Item with part of the following content:

"When filling the electronic waybill the name of load is specified according to the qualifier of loads for the automated system applied on the Belarusian railroad.";

in part eleven:

the fourth to exclude the paragraph;

word in paragraph five "the rules of transportation of goods filling in tank cars and bunker gondola cars approved in accordance with the established procedure" shall be replaced with words "The rules of transportations of liquid cargoes in bulk in tank cars and cars of bunker type for petrobitumen transportation approved by the decision of the 50th meeting of Council for rail transport of the State Parties of the Commonwealth";

word in paragraph six "name, (completely)" shall be replaced with words middle names "own name, middle name (if that is available)";

to state the paragraph of the eighth in the following edition:

"Transportation on special conditions it agrees ___________ (the document number is specified) ____, with the consignee it is approved." - in transit loads on special conditions according to Item 64 of the Charter of rail transport public;";

in paragraph eleven of the word of "railroad" to replace with the word of "carrier";

in the paragraph the twelfth words "the rules of transportation of goods by railway transport public approved according to the legislation" shall be replaced with words "the legislation in the field of rail transport, the Rules of transportations of dangerous goods by the railroads approved by the decision of the 15th meeting of Council for rail transport of the State Parties of the Commonwealth, the Rules of transportations of liquid cargoes in bulk in tank cars and cars of bunker type for petrobitumen transportation approved by the decision of the 50th meeting of Council for rail transport of the State Parties of the Commonwealth";

the fourth Item 30 to state part in the following edition:

"In case of determination of mass of load "Net" on railway truck scales in the corresponding graphs it is specified:

the net weight determined as difference between the mass of the car gross and its container;

the weight gross the car determined by weighing on scales;

car tare mass. In case of determination of tare mass on scales the data received by weighing with deletion of the words "from bar" are specified; if the tare mass was determined based on data on the car, then reducing "pr" is crossed out.".;

the fourth Item 34 to add part with words ", the sender or carrier depending on the one who makes sealing";

in Item 37:

in part one:

shall be replaced with words the words "the consignor it is legible" "the authorized representative of the consignor";

after the word "position" to add with the word of "employee";

the second after the word "positions" to add part with the word of "employee";

the paragraph one of Item 38 to state in the following edition:

"38. Of tare and breakbulk cargoes in closed cars the authorized representative of the consignor certifies fulfillment of requirements on placement and fixture of the loads transported on open railway vehicles mark of sheet 1 (the original of delivery note) in the column "The Load Is Placed and Fixed according to __" with indication of position of the employee, surname and initials of the representative of the consignor responsible for placement and fixture of load on the back:";

in Item 39 part one:

from paragraph one of the word "in the cases provided by the corresponding rules of transportation of goods on rail transport public" to exclude;

after paragraph two to add part with the paragraph of the following content:

"With the consent of the receiver - without prevention";";

to state the paragraph of the eighth in the following edition:

"names of the documents attached to delivery note by the consignor. The enclosed documents shall be firmly attached to the original of delivery note. In case of execution of the electronic waybill these documents are attached to it in the form of electronic documents or electronic copies of documents on the papers certified by the digital signature of the consignor;";

exclude Item 40;

paragraphs two and third to state to part one of Item 42 in the following edition:

"about necessary cover of the car in the train;

"Not lower from hill" - in cases, stipulated by the legislation in the field of rail transport;";

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