Law on the Approval, Entry into Force and Application of Railway Transport Code


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OFFICIAL TRANSLATION
 
REPUBLIC OF LITHUANIA
LAW ON THE APPROVAL, ENTRY INTO FORCE AND APPLICATION OF RAILWAY TRANSPORT CODE
 
22 April 2004 No. IX-2152
Vilnius
 
Article 1. Approval of Railway Transport Code of the Republic of Lithuania
The Seimas hereby approves the Railway Transport Code of the Republic of Lithuania.
 
Article 2. Entry into Force of Railway Transport Code
The Railway Transport Code shall enter into force on 1 May 2004, except for paragraphs 1 and 3 of Article 23 and paragraph 2 of Article 24 thereof, which will enter into force on the date of the establishment of a public undertaking to manage public railway infrastructure.
 
Article 3. Validity of other Laws and Legal Acts
1. Other laws and legal acts regulating railway transport activities that were valid prior to entry into force of the Railway Transport Code of the Republic of Lithuania shall remain in force to the extent that they do not contravene the Railway Transport Code, except for cases where the Code gives priority to the provisions of other laws.
2. This Article shall not be applied to bilateral and multilateral agreements of the Republic of Lithuania concerning international railway service.
 
Article 4. Application of Railway Transport Code
1. The Railway Transport Code shall regulate relations arising from the carriage of passengers, luggage and goods by rail in the Republic of Lithuania, save for the exceptions referred to in this Article.
2. Until a public undertaking to manage public railway infrastructure is established, the functions of a public railway infrastructure manager specified in Article 24 and other articles of the Railway Transport Code shall be performed by the joint stock company (JSC) Lietuvos Geležinkeliai. During this period, the requirement to pay charges for the use of public railway infrastructure set out in Article 25 of the Code and the requirement to conclude a contract for the use of public railway infrastructure set out in Article 28 of the Code shall not be applied to the said company.
 
Article 5. Recognition of Legal Acts as Null and Void
After the Railway Transport Code of the Republic of Lithuania comes into force, the Railway Transport Code of the Republic of Lithuania (official gazette Valstybės žinios, 1996, No. 59-1402; 1998, No. 105-2896; 2002, Nr. 74-3143) shall become null and void.
 
Article 6. Proposal to the Government
After this Law comes into force, the Government of the Republic of Lithuania or an institution authorised by the Government shall review the legal acts regulating railway transport activities and decide whether it is feasible to recognise them as null and void or amend them and shall, where appropriate, draft relevant legal acts or approve them.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
ACTING PRESIDENT OF THE REPUBLIC                          ARTŪRAS PAULAUSKAS
 
APPROVED
by Law No. IX-2152
of 22 April 2004
 
 
REPUBLIC OF LITHUANIA
RAILWAY TRANSPORT CODE
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Code
1. The Railway Transport Code of the Republic of Lithuania shall establish the conditions of railway transport activity and the requirements for railway transport staff and it shall regulate relations arising from the carriage of passengers, luggage and goods by rail in the Republic of Lithuania.
2. The provisions of this Code shall be in compliance with the EU legal acts listed in the Annex.
 
Article 2. Legal Acts Regulating Railway Transport Activities
1. Railway transport activities shall be regulated by this Code, international treaties of the Republic of Lithuania, laws of the Republic of Lithuania, resolutions of the Government and other legal acts.
2. The Code shall be applied to the international carriage of passengers, luggage and goods to the extent that such carriage is not regulated by bilateral and multilateral agreements of the Republic of Lithuania concerning international railway service.
 
Article 3. Definitions
1. “Railway undertaking (operator)” means a licensed undertaking which uses public railway infrastructure for the transport of passengers, luggage and/or goods and ensures traction by using legitimate means; this also includes undertakings which provide traction only.
2. “Railway track” means an engineering structure which consists of a track bed, superstructure (ballast, sleepers, rails) and other engineering installations.
3. “Railway infrastructure” means all railways, constructions, land plots, buildings, main installations and equipment necessary for the organisation and control of traffic as well as for ensuring traffic safety.
4. “Railway line” means a part of the railway network with installations, constructions and traffic control systems.
5. “Railway rolling stock” (hereinafter referred to as the “rolling stock”) means traction facilities (locomotives), wagons and coaches, diesel multiple units and electric multiple units, railcars and special rolling stock.
6. “Railway network” means the railway infrastructure of the Republic of Lithuania, managed and maintained by its manager or owner.
7. “Railway transport” means a part of the economic and social infrastructure of the Republic of Lithuania intended to meet the needs of the public and economic entities - carriage of passengers, luggage and/or goods by rail.
8. “Railway transport object” means an element of railway infrastructure, passenger and freight terminals as well as related buildings and installations which may be separated from the other elements of railway transport infrastructure and which may function independently; this also includes rolling stock.
9. “Railway transport activity” means the carriage of passengers, luggage and/or goods by rail, the management, development and maintenance of railway infrastructure, also other activities directly related to railway infrastructure and/or the carriage of passengers, luggage and/or goods.
10. “Containers” means standard reusable receptacles intended to carry freight and fitted with devices permitting mechanical loading and unloading.
11. “Licence” means an authorisation issued in accordance with the procedure established by the Government of the Republic of Lithuania to a railway undertaking (operator) granting the right to engage in the activity of carrying passengers, luggage and/or goods by rail in the Republic of Lithuania and/or on international routes.
12. “Access railway tracks” means railway tracks intended for the servicing of consignors (consignees), rolling stock repair plants and other undertakings and connected directly or through other access tracks with the public railway infrastructure.
13. “Safety certificate” means a certificate issued in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by the Government to a railway undertaking (operator) or a public railway infrastructure manager to attest that the undertaking’s staff has the necessary qualifications and that its rolling stock and internal organisation complies with the technical, operational and traffic safety requirements.
14. “Interoperability” means the ability of the trans-European transport network (TEN-T) and the relevant rolling stock system composed of different complexes of railway transport infrastructure, rolling stock and operational systems to allow the safe and uninterrupted movement of trains.
15. “Train path” means the route of a train as set out in the train traffic schedule.
16. “Train” means a formation of railway cars coupled with one or several operating locomotives; locomotives and other self-propelled rolling stock equipped with appropriate signals and numbers.
17. “Public railway infrastructure” means a railway infrastructure which is intended to meet the needs of the public as well as economic entities (carriage of passengers, luggage and/or goods) and which is owned by the State of Lithuania.
18. “Public railway infrastructure capacity” means the potential to schedule train paths requested by a railway undertaking (operator) for an element of public railway infrastructure for a certain period.
19. “Public railway infrastructure network statement” (hereinafter referred to as the “network statement”) means an informational publication prepared and issued by the public railway infrastructure manager which describes the public railway infrastructure and sets out in detail the conditions and procedures concerning the use of public railway infrastructure. The statement shall be updated on a regular basis and, where relevant, amended.
20. “Public railway infrastructure manager” means any undertaking of the Republic of Lithuania which legally manages and maintains public railway infrastructure and provides related services to railway undertakings (operators).
21. Other definitions used in this Code shall be interpreted within the meaning of the Law on the Principles of Transport Activities.
 
Article 4. Principles of Railway Transport Activities
Principles of railway transport activities:
1) equitable and non-discriminatory terms for access to the public railway infrastructure for all railway undertakings (operators);
2) fair competition with other modes of transport;
3) independence of railway undertakings (operators) regarding administrative, economic, accounting and internal control matters;
4) keeping of separate profit and loss accounts and balance sheets for business relating to the provision of railway transport services and for business relating to the management of public railway infrastructure.
 
Article 5. Ownership of Railway Transport Objects
1. Public railway infrastructure shall belong to the State of Lithuania by ownership right. Public railway infrastructure shall not be subject to privatisation.
2. Other railway transport objects may belong by ownership right to the State of Lithuania, to municipalities, to legal and natural persons of the Republic of Lithuania as well as to legal and natural persons of other states.
 
Article 6. Traffic Safety
Common principles for the maintenance of railway infrastructure and rolling stock of the Republic of Lithuania as well as for traffic organisation and control, the requirements for staff whose work is related to railway traffic, also the legal framework for ensuring traffic safety shall be laid down in the Law on Railway Transport Traffic Safety.
 
CHAPTER TWO
PUBLIC ADMINISTRATION OF RAILWAY TRANSPORT
 
Article 7. Subjects of Public Administration of Railway Transport
1. Public administration of railway transport shall be carried out by the Government, the Ministry of Transport and Communications and the State Railway Inspectorate under the Ministry of Transport and Communications.
2. The Government of the Republic of Lithuania shall formulate a railway transport strategy, coordinate its implementation or perform other functions defined in this Code and other legal acts.
3. The Ministry of Transport and Communications shall:
1) implement the railway transport policy;
2) organise the drawing up and implementation of programmes on the creation, upgrading and development of strategic objects in the field of railway transport as well as traffic safety and environmental programmes;
3) coordinate international relations in the field of railway transport and represent, within the scope of its competence, the Republic of Lithuania in international organisations;
4) adopt, within the scope of its competence, legal acts on railway transport issues and control, either directly or through authorised institutions, compliance with such legal acts;
5) perform other functions defined in this Code and other legal acts.
4. The State Railway Inspectorate under the Ministry of Transport and Communications shall:
1) control compliance of legal and natural persons with the requirements set out in the laws and international treaties of the Republic of Lithuania as well as in other legal acts governing railway transport safety issues;
2) issue licences for carriage operations by rail, supervise compliance with the conditions of licensed activity, suspend or revoke, where relevant, the said licences;
3) issue safety certificates.
5. Relations between the public railway infrastructure manager and railway undertakings (operators) shall be regulated by a Government designated institution (market regulator). The market regulator designated by a decision of the Government shall be independent in its organisation, legal structure and decision-making from any public railway infrastructure manager, charging body, capacity allocation body or railway undertaking (operator). The market regulator shall have the power to obtain relevant information from the public railway infrastructure manager and railway undertakings (operators), which must be supplied without undue delay.
6. The market regulator shall examine complaints by railway undertakings (operators) against the decisions adopted by the public railway infrastructure manager concerning the network statement, the allocation of public railway infrastructure capacity, the charging scheme for public railway infrastructure use, the level or structure of charges, safety certificate conditions, the enforcement and monitoring of traffic safety standards and rules. These complaints shall be examined as pre-trial disputes in accordance with the procedure approved by the Minister of Transport and Communications and, in this case, it is not obligatory to appeal to the market regulator. The market regulator shall issue a decision within a period of two months of receipt of all information necessary to examine the relevant complaint. In the event of a complaint against a refusal to grant public railway infrastructure capacity, or against the terms of an offer of capacity, the regulatory institution shall either confirm that no modification of the public railway infrastructure manager’s decision is required, or it shall require modification of that decision in accordance with directions specified by the regulatory institution.
7. The decisions taken by the market regulator may be appealed against in accordance with the procedure established by the legal acts of the Republic of Lithuania.
 
Article 8. Funding for Upgrading and Development of Public Railway Infrastructure
The Government approved programmes on the creation, upgrading and development of public railway infrastructure shall be funded from the state budget, charges collected for the use of public railway infrastructure, loans received on behalf of the State or backed by a state guarantee as well as funds received from international financial institutions and EU funds through financial mechanisms for state and/or municipal capital partnership, also from assistance funds.
 
Article 9. Construction, Closure (Liquidation) and Preservation of Public Railway Infrastructure Objects
1. Decisions on the closure (liquidation) and/or preservation of public railway infrastructure objects and the construction of new objects shall be taken by the Government.
2. Proposals relating to the closure (liquidation) and/or preservation of public railway infrastructure objects and the construction of new objects shall be submitted by the Minister of Transport and Communications, the public railway infrastructure manager and/or the municipality on the territory of which the relevant object is located. The proposal shall indicate the reasons for the construction, preservation and/or closure (liquidation) of the said objects as well as economic, social and environmental justification for the proposal.
3. The land plot for the construction of new public railway infrastructure objects shall be granted in accordance with the procedure established by the Law on Land.
 
Article 10. Licence for Economic and Commercial Railway Transport Activities
1. Economic and commercial railway transport activities shall be licensed. Licences for economic and commercial railway transport activities issued in any European Union Member State shall be valid in the Republic of Lithuania.
2. The following licences shall grant the right to engage in economic and commercial railway transport activities:
1) carriage of passengers and luggage by rail within the Republic of Lithuania;
2) carriage of passengers and luggage by rail on international routes;
3) carriage of goods by rail within the Republic of Lithuania;
4) carriage of goods by rail on international routes.
3. A railway undertaking (operator) applying for a licence to engage in economic and commercial railway transport activities must:
1) meet the requirements relating to financial capability, good repute and professional competence;
2) have bank guarantees or suretyship insurance valid throughout the whole period of its economic and commercial activity. In this case, the railway undertaking (operator) must have bank guarantees or suretyship insurance for an amount that would at any time ensure compliance with its actual obligations and cover for its civil liability in the case of an insured event in respect of passengers, third parties or their assets, luggage, freight, postal items, the environment or public railway infrastructure.
4. The procedure of granting licences for economic and commercial railway transport activities, their revocation, suspension or lifting of licence suspension as well as the requirements referred to in subparagraph 1 of paragraph 3 above and the conditions of licensed activity shall be set out in the Rules on Licensing of Carriage of Passengers, Luggage and Goods by Rail. These rules shall be approved by the Government.
 
Article 11. Safety Certificate
1. Railway undertakings (operators) and the public railway infrastructure manager shall possess a safety certificate valid throughout the whole railway network in the Republic of Lithuania or only on a specific railway line.
 
2. The safety certificate shall be issued to:
 
1) railway undertakings (operators) engaged in the carriage of passengers on local and/or international routes;
 
2) railway undertakings (operators) engaged in the carriage of goods on local and/or international routes;
 
3) public railway infrastructure manager who manages, uses and has at its disposal a public railway infrastructure on the basis of the right of trust and provides railway undertakings (operators) with services relating to the management and maintenance of public railway infrastructure.
 
3. Where a railway undertaking (operator) transports both passengers and goods, it has to obtain two safety certificates: as an undertaking referred to in subparagraph 1 of paragraph 2 above and as an undertaking referred to in subparagraph 2 of paragraph 2 above.
4. The State Railway Inspectorate under the Ministry of Transport and Communications shall issue, suspend, lift the suspension of and revoke safety certificates.
5. A safety certificate shall be issued to a railway undertaking (operator) and a public railway infrastructure manager complying with the technical and operational requirements of railway transport activities and the safety requirements applying to staff, rolling stock and the undertaking’s internal organisation. These requirements shall be laid down in the Rules on Safety Certification for Railway Undertakings (Operators) and Public Railway Infrastructure Managers approved by the Minister of Transport and Communications.
6. A reasoned decision concerning the issue of a safety certificate shall be taken within 30 calendar days of receipt of all required documents.
7. A refusal to issue a safety certificate shall be reasoned and may be appealed against in accordance with the procedure established by the legal acts of the Republic of Lithuania.
8. Where violations of safety requirements representing a threat to traffic safety are identified during inspection, the State Railway Inspectorate under the Ministry of Transport and Communications may revoke the issued certificate or suspend it until the violations are eliminated. The State Railway Inspectorate under the Ministry of Transport and Communications shall immediately inform in writing the public railway infrastructure manager if such violations were identified in respect of a railway undertaking (violations by operator) or the Ministry of Transport and Communications if the violations were identified in respect of the public railway infrastructure manager.
9. In the event that violations of safety requirements representing a threat to traffic safety are identified or where a railway transport accident occurs through the fault of the holder of safety certificate, the State Railway Inspectorate under the Ministry of Transport and Communications may revoke the issued safety certificate in accordance with the following procedure:
 
1) the State Railway Inspection under the Ministry of Transport and Communications shall notify in writing the holder of safety certificate about its intention to revoke the certificate. The notice shall specify the violations and the date of revocation of the safety certificate;
 
2) upon receipt of the notice, the holder of safety certificate shall notify within 5 days the State Railway Inspectorate under the Ministry of Transport and Communications of the measures that will be taken to eliminate the violations and shall specify the time limit for such rectification;
 
3) where the measures to be taken by the holder of safety certificate to eliminate violations are insufficient or where such measures are sufficient but were not implemented within the time limit set pursuant to subparagraphs 1 and 2 of this paragraph, the safety certificate shall be revoked on the day indicated in the notice. If violations are eliminated within the specified time limit, the safety certificate shall not be revoked.
 
10. The State Railway Inspectorate under the Ministry of Transport and Communications may immediately suspend the safety certificate in the following cases:
 
1) the holder of safety certificate suspends his activities for a period exceeding 6 months or if he has not started activity 6 months after the issue of the safety certificate;
 
2) the holder of safety certificate refuses to present the certificate to officials entitled to inspect the undertaking’s activity;
 
3) the legal acts of the Republic of Lithuania regulating railway transport traffic safety are not complied with or the approved traffic safety plan is not implemented;
 
4) the safety certificate holder’s licence for respective activity is suspended or revoked.
 
11. When a safety certificate is suspended, it may be revoked in accordance with the procedure specified in paragraph 9 of this Article. If violations are eliminated within the specified time limit, the safety certificate’s suspension may be lifted.
12. Where a safety certificate is revoked or suspended, an undertaking shall be prohibited from engaging in an activity for which a safety certificate is required.
13. The Rules on Safety Certification for Railway Undertakings (Operators) and Public Railway Infrastructure Managers shall include a list of documents necessary for obtaining a safety certificate; the Rules shall also specify the procedure of document examination, decision-taking as regards the granting of safety certificates, issue of safety certificates and inspection as well as the duties and liabilities of the holder of safety certificate and the State Railway Inspectorate under the Ministry of Transport and Communications.
 
Article 12. Discharge of Public Service Obligations
1. Where a railway undertaking (operator) undertakes, in accordance with the procedure established by the Law on the Principles of Transport Activities, a public service obligation to carry passengers by rail on certain routes designated by the Government or an institution authorised by the Government and to provide other services that entail economic disadvantages for the undertaking (operator), the losses incurred by the railway undertaking (operator) shall be compensated by the Government or an institution authorised by the Government.
2. The Government or an institution authorised by the Government shall conclude, in accordance with the procedure established by the Law on the Principles of Transport Activities, public service contracts with a railway undertaking (operator) specifying possible financial sources for investment programmes.
3. A railway undertaking (operator) that has undertaken public service obligations, pursues railway transport activities and/or operates railway infrastructure must keep separate financial accounts for each specified activity.
 
Article 13. Register of Rolling Stock and Containers of the Republic of Lithuania
1. Data on rolling stock and containers shall be collected, systemised and stored in a register of rolling stock and containers of the Republic of Lithuania.
2. Data on rolling stock and containers shall be submitted to the administrator of the register by the undertakings of the Republic of Lithuania in accordance with the procedure provided for in the Regulations for the Register of Rolling Stock and Containers of the Republic of Lithuania approved by the Government.
3. The functions of the administrator of the register of rolling stock and containers of the Republic of Lithuania shall be performed by the State Railway Inspectorate under the Ministry of Transport and Communications.
 
CHAPTER THREE
RAILWAY INFRASTRUCTURE
 
Article 14. Public Railway Infrastructure Objects
Public railway infrastructure objects shall be as follows:
1) railway track;
2) engineering installations and constructions, also tunnels, bridges, viaducts, culverts, covered crossings and underpasses, level crossings, crossing points;
3) safety, signalling and telecommunications installations in railway stations and traffic control centres as well as station equipment and buildings or constructions used for these purposes;
4) contact system with relevant installations as well as buildings and structures necessary for the movement of trains;
5) electricity generation, transformation and distribution equipment and installations, including diesel generators and substations, necessary to control the traffic of trains;
6) lighting installations intended for ensuring the traffic of trains and industrial safety;
7) railway stations, buildings, constructions and facilities necessary for the servicing of passengers, luggage or consignors (consignees);
8) other objects necessary to ensure the activities of the public railway infrastructure manager.
 
Article 15. Subdivision of Railway Lines by Level of Importance
1. Railway lines, taking account of the traffic density as well as their geopolitical, social and economic importance, shall be subdivided into railway lines of national importance and railway lines of regional importance.
2. Railway lines of national importance shall be the lines included into the international railway lines network as well as other lines of importance to the national economy the list of which is approved by the Government.
3. Railway lines of regional importance shall be the lines intended for railway service between cities (settlements) the list of which is approved by the Minister of Transport and Communications.
 
Article 16. Register of Railway Infrastructure of the Republic of Lithuania
1. Data on railway infrastructure shall be collected, systemised and stored in a register of railway infrastructure of the Republic of Lithuania.
2. The Regulations for the Register of Railway Infrastructure of the Republic of Lithuania shall be approved by the Minister of Transport and Communications; the administrator’s functions shall be performed by the State Railway Inspectorate under the Ministry of Transport and Communications.
 
Article 17. Railway station
1. Railway station is a complex of tracks, buildings, constructions and facilities located on a specific land plot, which is used for the acceptance, distribution, formation, transit and sending off of trains, also for the servicing of passengers as well as senders (receivers) of luggage or goods.
2. Every railway station shall have a name designated by the Government.
3. Railway station requirements shall be laid down in the Regulations for Technical Operation of Railways. The Regulations shall be approved by the Minister of Transport and Communications.
 
Article 18. Links to Railway Station
1. A railway station shall have a link with a city (settlement).
2. Railway station constructions and facilities shall be safely and easily accessible to passengers and motor vehicles.
 
Article 19. Protection Zones of Railway Tracks and their Facilities
1. Special protection zones shall be designated for railway tracks and their facilities, subdivided into the protection zones of public railway infrastructure tracks and their facilities, the protection zones of access tracks and their facilities and the protection zones of vegetation.
2. Technical staff of an undertaking servicing railway tracks and their facilities as well as their authorised persons shall have the right to walk without any restriction in the railway tracks and their facilities protection zone; they shall also have the right to conduct repair, construction and other works related to the use of railway transport objects, to drive motor vehicles, excavate, build pipelines, cables, overhead electricity and communications lines. The said undertaking shall inform land owners or land users thereof and compensate, in accordance with the procedure established by the law, for the losses incurred. Where accidents or their consequences are eliminated or where an effort is made to avoid accidents, it shall be permitted to approach railway transport objects as required by the situation, and the losses incurred to the land owner or land user shall be compensated in accordance with the procedure established by the law. In the event that trees, their groupings or shrubs growing in non-forest land within the railway protection zone pose a threat to traffic safety, human beings or structures, they shall be cut or otherwise rearranged without an individual permit by municipal institutions and the damage caused to vegetation shall not be compensated. Trees or shrubs in the railway protection zone may not be higher than the distance between the tree or shrub and the outside rail.
3. It shall be prohibited within the protection zone of railway tracks and their facilities:
1) to construct and reconstruct buildings not related to railway transport needs;
2) to use land not for its intended purpose.
4. The following shall be prohibited within the railway and rail facilities protection zone without a written consent by the public railway infrastructure manager or owner:
1) to excavate deeper than 0.3 m, mechanically level soil surfaces, conduct explosions and carry out land reclamation work;
2) to build roads, pipelines, cables, overhead electricity and communications lines;
3) to plant or cut trees and shrubs;
4) to build level crossings;
5) to construct and reconstruct buildings and structures intended for railway transport needs.
5. The boundaries of railway tracks and their facilities protection zones shall be determined by the Government.
 
Article 20. Level Crossings and Crossings
1. Level crossing shall mean the intersection of a railway track and a road at the same level.
2. Regulated or non-regulated level crossings or viaducts shall be constructed at the intersections of railway tracks and roads of national importance.
3. Crossings shall be constructed at the intersections of pedestrian traffic flows and railway tracks.
 
Article 21. Construction and Maintenance of Level Crossings and Crossings
1. Level crossings and crossings shall be constructed:
1) when a new railway track is built, at intersections with the existing roads of national importance - from the funds of a public railway infrastructure manager;
2) when new roads of national importance are built, at their intersection with the existing railway track – from the funds of road builders.
2. Level crossings or crossings at the intersections of railways tracks and roads of local importance shall be constructed and maintained by the interested natural or legal persons from their own funds, after coordination with the public railway network manager.
3. An authorisation to construct a level crossing or crossing shall be issued by the public railway infrastructure manager having regard to technical feasibility and traffic safety requirements.
4. Level crossings and crossings shall be constructed subject to the requirements of the Regulations for Technical Operation of Railways and the Rules on the Construction and Use of Level Crossings approved by the Minister of Transport and Communications.
5. Level crossings and crossings at the intersections of railway tracks and roads of national importance shall be maintained by the public railway infrastructure manager.
6. The existing level crossings or crossings may be relocated, closed or removed by agreement between the interested legal or natural persons and the public railway infrastructure manager. Level crossings and crossings shall be relocated from the funds of the interested person.
 
Article 22. Access Railway Tracks
1. Access railway tracks may be owned by the public railway infrastructure manager and other legal or natural persons.
2. The construction and reconstruction of access railway tracks, their connection to public railway infrastructure as well as any related development, upgrading and construction of railway stations shall be carried out from the customer’s funds.
3. The procedure of construction and reconstruction of access railway tracks, their connection to public railway infrastructure and acceptance for operation shall be established by the Minister of Transport and Communications.
4. The condition and operation of access tracks, rolling stock and servicing staff shall be subject to the relevant public railway infrastructure requirements. The State Railway Inspectorate under the Ministry of Transport and Communications shall maintain control over compliance with such requirements.
5. Access railway tracks, the related loading facilities and territory must be in compliance with the requirements of the Regulations for Technical Operation of Railways and other legal acts. Their maintenance and repairs shall be carried out by the owner or user on his own account. The owner or user shall bear responsibility for traffic safety in the said areas respectively.
6. Relations between the public railway infrastructure manager and the owner or user of access railway tracks shall be governed by contracts.
 
CHAPTER FOUR
MANAGEMENT, USE AND MAINTENANCE OF PUBLIC RAILWAY INFRASTRUCTURE
 
Article 23. Management of Public Railway Infrastructure
1. Public railway infrastructure manager – a public undertaking responsible for the management of public railway infrastructure – shall manage, use and have at its disposal, on the basis of the right of trust and subject to the procedure established by the laws of the Republic of Lithuania, the public railway infrastructure and the land whereon its objects are located; it shall also provide railway undertakings (operators) with services relating to the management and maintenance of public railway infrastructure.
2. An undertaking which has been designated, in accordance with the procedure established by laws or other legal acts, as a public railway infrastructure manager and which manages, uses and has at its disposal, on the basis of the right of trust, the public railway infrastructure and the land whereon its objects are located as well as provides railway undertakings (operators) with services relating to the management and maintenance of public railway infrastructure shall not be subject to any restrictions provided for in other laws with respect to the rent of state-owned public railway infrastructure objects.
3. Maintenance expenses incurred by the public railway infrastructure manager shall be covered by charges for the use of public railway infrastructure.
 
Article 24. Main Functions of Public Railway Infrastructure Manager
1. The public railway manager shall perform the following functions:
1) ensure adequate and safe maintenance of public railway infrastructure;
2) control and organise railway traffic;
3) ensure railway traffic safety;
4) submit proposals concerning draft programmes for upgrading and developing public railway infrastructure;
5) implement programmes and projects for upgrading and developing public railway infrastructure;
6) ensure appropriate utilisation of the funds allocated for upgrading and developing public railway infrastructure;
7) allocate public railway infrastructure capacity to railway undertakings (operators) on equal conditions;
8) develop and approve railway traffic schedules;
9) develop and publish a network statement;
10) collect charges for the use of public railway infrastructure.
2. The public railway infrastructure manager may allocate, on a non-tender contractual basis, the following functions to the state-run JSC Lietuvos Geležinkeliai:
1) to organise adequate and safe maintenance of public railway infrastructure;
2) to organise the management of safe railway traffic.
 
Article 25. Charges for the Use of Public Railway Infrastructure
1. All railway undertakings (operators) shall pay charges to the public railway infrastructure manager for the use of public railway infrastructure.
2. The charging rules for the use of public railway infrastructure shall be approved by the Government.
3. The determination of the charge for the use of public railway infrastructure shall be performed by the public railway infrastructure manager.
 
Article 26. Maintenance of Public Railway Infrastructure and Railway Traffic
1. The maintenance of public railway infrastructure shall be organised by the public railway infrastructure manager in accordance with the procedure established by the Regulations for Technical Operation of Railways and other legal acts.
2. The procedure of railway traffic organisation and control shall be established by the Law on Railway Transport Traffic Safety, Railway Traffic Regulations approved by the Minister of Transport and Communications as well as other legal acts.
 
Article 27. Funding of Public Railway Infrastructure Maintenance
1. Public railway infrastructure maintenance shall be funded from the charges collected for the use of public railway infrastructure.
2. The maintenance of railway lines preserved by a Government decision due to their social and/or economic importance shall be funded from state funds.
 
Article 28. Right to Use Public Railway Infrastructure
After having obtained a licence and safety certificate in accordance with the procedure established by the law and after having concluded a contract for the use of public railway infrastructure with the public railway infrastructure manager, a railway undertaking (operator) shall have the right to use the public railway infrastructure.
 
Article 29. Allocation of Public Railway Infrastructure Capacity
1. The public railway infrastructure manager shall allocate public railway infrastructure capacity to railway undertakings (operators). Allocated capacity may not be transferred by the recipient to another undertaking or for the provision of other railway transport service; any trading of capacity shall be prohibited.
2. Public railway infrastructure capacity shall be allocated to railway undertakings (operators) for a maximum duration of one working timetable period.
3. Any railway undertaking (operator) may request as many train paths as it wishes.
4. The public railway infrastructure manager and a railway undertaking (operator) shall conclude a contract for the use of public railway infrastructure for the duration of one working timetable period, setting out the rights and obligations of a railway undertaking (operator) and the infrastructure manager in relation to the capacity allocation over one working timetable period.
5. The public railway infrastructure manager and a railway undertaking (operator) may also enter into a framework agreement defining their respective rights and obligations in relation of the infrastructure capacity allocation for a longer term than one working timetable period; however, the contract referred to in paragraph 4 above shall be renewed every year.
6. The principles of allocation of public railway infrastructure capacity and the procedure for the submission of applications for infrastructure capacity (rejection thereof), the declaration of an element of public railway infrastructure as congested, the procedure governing the conclusion of contracts and framework agreements for the use of public railway infrastructure shall be set out in the Rules on the Allocation of Public Railway Infrastructure Capacity. These rules shall be approved by the Government.
 
Article 30. Interoperability
1. The basic parameters for railway infrastructure, rolling stock and operating systems as well as regulatory, technical and operational requirements concerning them shall be aligned with EU technical specifications for interoperability (TSIs) while at the same time sustaining inter-compatibility of railway transport objects of Lithuania.
2. This requirement concerns the design, construction, upgrading, renewal, operation and technical maintenance of railway infrastructure, rolling stock and operating systems which belong to the trans-European transport network (TEN-T) or which are intended for it.
 
CHAPTER FIVE
REQUIREMENTS APPLYING TO RAILWAY TRANSPORT STAFF
 
Article 31. Requirements Applying to Railway Transport Staff
1. Special professional and occupational qualification requirements applying to railway transport staff shall be laid down, respectively, by the public railway infrastructure manager and a railway undertaking (operator) after coordination with the State Railway Inspectorate under the Ministry of Transport and Communications.
2. Requirements applying to staff whose work is related to the traffic of trains shall be laid down in the Law on Railway Transport Traffic Safety.
3. The work discipline of railway transport staff shall be governed by this Code, the Labour Code and the Disciplinary Statute for Railway Transport Staff approved by the Government.
 
Article 32. Suspension from Work
1. A railway transport employee shall be suspended from work in the following cases:
1) if it was not possible to check, in due time, his compliance with the attested qualification because he did not attend the checking procedure without a justified reason;
2) if he repeatedly fails to pass a regular mandatory qualification test;
3) if he cannot perform his duties related to ensuring railway transport traffic safety or related to railway infrastructure maintenance or safety due to state of health;
4) if he has committed a disciplinary breach which poses a threat to traffic safety, human life and health;
5) if he has committed a serious breach of work duties specified in the Labour Code or any other breach of work duties specified in the Disciplinary Statute for Railway Transport Staff;
6) in other cases provided for in the laws of the Republic of Lithuania.
2. A railway transport employee shall be suspended from work in accordance with the procedure established by the Labour Code and the Disciplinary Statute for Railway Transport Staff.
 
CHAPTER SIX
CARRIAGE OF PASSENGERS, LUGGAGE AND GOODS
 
Article 33. Carriage of Passengers and Luggage
1. The conditions and procedure for carriage of passengers and luggage as well as the rights of railway undertakings (operators), passengers and/or senders (receivers) of luggage shall be set out in this Code, the Civil Code, the international treaties of the Republic of Lithuania, the Rules on Carriage of Passengers and Luggage by Rail approved by the Minister of Transport and Communications, and other legal acts.
2. Standard terms and conditions of contracts for carriage of passengers and luggage by rail shall be set out in the Rules on Carriage of Passengers and Luggage by Rail.
3. Railway transport objects intended for the servicing of passengers shall be adapted for disabled passengers in order to ensure the safe and comfortable use thereof.
 
Article 34. Charges for Carriage of Passengers and Luggage
1. Tariffs applied for the carriage of passengers on local service routes shall be fixed by a railway undertaking (operator). Tariff caps shall be coordinated with the State Price and Energy Control Commission. Tariffs applied for the carriage of luggage on local service routes shall be fixed by a railway undertaking (operator).
2. Charges for the carriage of passengers and luggage on international service routes shall be fixed by a railway undertaking (operator) in accordance with the procedure established by international treaties of the Republic of Lithuania concerning international railway service.
3. Discounts for the carriage of passengers on local service routes and the procedure of compensation for the expenditures (loss of earnings) incurred by railway undertakings (operators) due to such discounts shall be set out in the laws of the Republic of Lithuania.
 
Article 35. Carriage of Goods and Organisation of Carriage
1. The conditions and procedure for carriage of goods as well as the rights of railway undertakings and/or consignors (consignees) shall be set out in this Code, the Civil Code, the international treaties of the Republic of Lithuania, the Rules on Carriage of Goods by Rail approved by the Minister of Transport and Communications, and other legal acts.
2. A railway undertaking (operator) and consignor (consignee) shall conclude contracts for carriage of goods and/or contracts for organisation of carriage.
 
Article 36. Ensuring Settlement of Accounts with a Railway Undertaking (Operator)
1. Settlement of accounts with a railway undertaking (operator) for the carriage of goods shall be ensured by the goods carried.
2. If the consignor (consignee) fails to settle accounts with the railway undertaking (operator) in due time, the latter shall have the right to dispose of the goods in accordance with the procedure established in Article 55 of this Code.
 
Article 37. Consignment Note
1. The consignor shall present a duly completed consignment note for each consignment and other documents specified in the Rules on Carriage of Goods by Rail.
2. The form of consignment note and the procedure of filling it out shall be specified in the Rules on Carriage of Goods by Rail.
3. The consignment note shall be proof of a concluded contract for the carriage of goods and of its content after a calendar stamp of the forwarding railway station is placed thereon.
 
Article 38. Wording of the Consignment Note
1. The consignment note must contain:
1) the name of the forwarding railway station;
2) the name, address, telephone and fax number of the consignor, full name and signature of the consignor or his representative;
3) the name and code of the goods;
4) the weight of the goods;
5) the number of packages, type of packaging and condition of the goods;
6) the number of the wagon;
7) a list of the documents specified in the Rules on Carriage of Goods by Rail and attached to the consignment note;
8) special features of the goods and conditions of carriage;
9) the name of the destination railway station;
10) the name, address, telephone and fax number of the consignee;
11) the number of the seals affixed and sealing marks.
2. The consignment note may also contain other particulars.
 
Article 39. Handing Over of Goods for Carriage
1. One and the same consignment note may not relate to more than a single wagon load. The following may be also carried under a single consignment note:
1) indivisible goods and goods which are of exceptional size and therefore need more than a single wagon load;
2) a consignment loaded into several wagons where this is allowed by the Rules on Carriage of Goods by Rail for the whole of the route.
2. A consignment loaded into several wagons under a single consignment note may not be scattered, except for cases where this is necessary because of technical failure of a wagon (wagons).
3. The following may not be carried under a single consignment note:
1) consignments that are loaded partly by a railway undertaking (operator) and partly by the consignor;
2) consignments that are prohibited from being carried together with other consignments subject to the Rules on Carriage of Goods by Rail.
4. The procedure for handing over of goods for carriage shall be set out in the Rules on Carriage of Goods by Rail.
 
Article 40. Special Conditions of Carriage that Apply to Certain Goods
1. The Rules on Carriage of Goods by Rail may lay down special conditions of carriage that apply to certain goods.
2. The procedure for carriage of dangerous goods shall be set out in the Law on Carriage of Dangerous Goods by Road, Rail and Inland Waterways as well as in other legal acts.
 
Article 41. Condition, Packing and Marking of Goods
1. When the nature of the goods is such as to require packing, the consignor shall pack them in such a way as to protect them from total or partial loss and from damage in transit and to avoid risk of injury or damage to persons, rolling stock or other goods. Goods loaded by the consignor that will have to be reloaded in transit shall be packed in such a way as to protect their packaging from damage by machinery during reloading.
2. The railway undertaking (operator) may require that small consignments of the same type that require a lot of time for acceptance and loading are fastened together or packed into larger consignments.
3. The railway undertaking (operator) may refuse to carry the goods if the consignor refuses to pack them in compliance with the requirements of the Rules on Carriage of Goods by Rail or where the packing is not in compliance with the said requirements.
 
Article 42. Loading of Goods
1. Loading shall be carried out by a railway undertaking (operator) or consignor subject to the terms and conditions of contracts for organisation of carriage. Goods shall be loaded according to the Rules on Loading and Fastening of Goods.
2. The load on the wagon shall not exceed the load limit. The wagon shall be closed and sealed in accordance with the procedure set out in the Rules on Carriage of Goods by Rail.
 
Article 43. Verification
1. The railway undertaking (operator) shall have the right to verify that the consignment corresponds with the particulars furnished in the consignment note and that requirements of the Rules on Carriage of Goods by Rail and the Rules on Loading and Fastening of Goods have been complied with if the loading was carried out by the consignor.
2. The consignor or the consignee shall be informed, in accordance with the Rules on Carriage of Goods by Rail or contract for carriage or organisation of carriage, about the verification to be carried our in respect of the consignment. Should the consignor or the consignee not attend, the verification shall be carried out in their absence. The results of the verification shall be entered in the consignment note.
3. If the consignment does not correspond with the particulars furnished in the consignment note or if the requirements of the Rules on Carriage of Goods by Rail and the Rules on Loading and Fastening of Goods have not been complied with, the costs of the verification and related expenditures shall be charged to the consignor, while the railway undertaking (operator) may refuse to carry the goods.
 
Article 44. Ascertainment of Weight and Number of Packages
1. The ascertainment of the weight of the goods or the number of packages shall be carried out by the same method and in the same manner at both: the forwarding and the destination railway station. The procedure of ascertainment of weight and number of packages shall be regulated by the Rules on Carriage of Goods by Rail.
2. The weight of the goods shall be considered as adequate if the difference between the weight ascertained at the forwarding railway station and the weight ascertained at the destination railway station does not exceed the wastage allowances (natural loss) approved by the Government as well as the accuracy limits of the weighbridge or the permissible weighing error. The wastage allowances, the accuracy limits of the weighing bridge or the permissible weighing error shall not be applied in the cases provided for in subparagraphs 1-3 of paragraph 3 of Article 54 hereof.
3. The weighing instruments shall be checked and the results shall be recorded in accordance with the procedure established by the Government. It shall be prohibited to use weighing instruments that have not been checked.
 
Article 45. Overloading
1. When overloading of a wagon is established by the railway undertaking (operator) at the forwarding railway station, the railway undertaking (operator) shall refuse to carry goods until the excess load is removed. When overloading of a wagon is established at an intermediate railway station, the railway undertaking (operator) shall immediately notify the consignor thereof and the consignor shall remove the excess load and cover the losses if such losses are incurred by the railway undertaking (operator).
2. Within three working days of receipt of the notification, the consignor (consignee) shall instruct that the excess load be returned or forwarded or he shall conclude a contract with the undertaking for depositing it for storage.
3. The unloading of the excess load and its storage shall be charged in accordance with the charges fixed by the railway undertaking (operator).
4. If no instructions are given concerning the excess load or if no contract for storage is concluded, the railway undertaking (operator) shall notify the consignor thereof and shall unload the excess load without depositing it for storage and it shall not be liable for total or partial loss or damage of the excess load.
 
Article 46. Use of Wagons and Containers
1. The consignor (consignee) pays the charges levied by the railway undertaking (operator) for the use of wagons or containers provided by it.
2. Where wagons or containers cannot be delivered to the consignor (consignee) through no fault of the railway undertaking (operator), the consignor (consignee) shall pay the charges fixed by the railway undertaking (operator) for the use of wagons or containers and for the storage of goods.
 
Article 47. Terms of Delivery
1. Terms of delivery shall be set in the Rules on Carriage of Goods by Rail if the consignor and the railway undertaking (operator) do not agree otherwise.
2. The term of delivery shall be counted from 0:00 hours of the next day after acceptance of goods.
 
Article 48. Charges for Carriage and for Other Services
1. Carriage of goods and other services provided by the railway undertaking (operator) shall be charged in accordance with the charges set forth in the contract of carriage or contract for organisation of carriage. Carriage tariffs shall be fixed by the railway undertaking (operator).
2. The railway undertaking (operator) shall carry goods for its own use free of charge.
3. Carriage charges shall be paid by the consignor or a person authorised by the consignor at the time of delivery of the goods to the forwarding railway station.
4. Where the railway undertaking (operator) agrees, carriage charges may be paid by the consignee or a person authorised by the consignee. Such particulars shall be entered into the consignment note.
5. The consignor (consignee) or a person authorised by him shall pay charges for the loading and unloading of goods, execution of additional assignments, forwarding and other services provided by the railway undertaking (operator).
6. The procedure of settlement of accounts shall be set out in the Rules on Carriage of Goods by Rail.
 
Article 49. Subsequent Orders by Consignor and Consignee
1. Where there is nothing to the contrary in the laws of the Republic of Lithuania, the consignor (consignee) may give subsequent orders to the railway undertaking (operator):
1) for the goods to be stopped in transit;
2) for delivery of the goods to be delayed;
3) for the goods to be delivered at the destination railway station to a person other than the consignee shown in the consignment note;
4) for the goods to be delivered at a railway station other than the station shown in the consignment note;
5) for the goods to be returned to the forwarding railway station if they have not been detained or arrested.
2. The consignor shall have the right to take back the goods at the forwarding railway station before they are forwarded and after covering the related expenditures incurred by the railway undertaking (operator).
3. The consignor’s right to give subsequent orders to the railway undertaking (operator) shall be extinguished if the consignee has taken possession of the consignment note and has accepted the goods.
4. The consignee may give subsequent orders where under the contract of carriage he is obliged to pay carriage charges or where the consignment note indicates that the consignee is authorised to give subsequent orders.
5. Where the consignee has ordered to deliver the goods to another person, that person shall not be entitled to assign third persons to collect such goods.
6. Subsequent orders by the consignor and the consignee must not in any case allow the splitting of the consignment.
 
Article 50. Form of Submission of Subsequent Orders
Subsequent orders by the consignor or the consignee to the railway undertaking (operator) shall be submitted in written form in accordance with the procedure laid down in the Rules on Carriage of Goods by Rail. Any subsequent order given in a form other than prescribed herein shall be null and void.
 
Article 51. Refusal to Execute Subsequent Orders
1. The railway undertaking (operator) may refuse to execute subsequent given orders where:
1) it is no longer possible to execute the orders by the time they reach the station responsible for executing such orders;
2) compliance with the orders would be contrary to legal acts concerning railway transport or would interfere with normal railway transport activities;
3) the orders contravene the laws of the Republic of Lithuania;
4) the value of the goods will not cover all the charges which would be payable on the goods on arrival at the new destination railway station, unless the amount of such charges is paid or guaranteed by the consignor or the consignee;
5) the previous orders by the consignor (consignee) have not been executed as yet or have not been withdrawn.
2. Where the railway undertaking (operator) cannot execute subsequent orders by the consignor or the consignee, it shall notify the person who has given such orders thereof.
 
Article 52. Circumstances Preventing Carriage
1. Where circumstances prevent the carriage of goods, the railway undertaking (operator) shall notify the consignor or the consignee thereof and ask for additional instructions.
2. The consignor (consignee), on being notified of circumstances preventing carriage and their reasons, shall enter his instructions concerning the change of the consignee or the destination railway station in the consignment note either together with the railway undertaking (operator) or shall authorize the railway undertaking (operator) to do so.
3. If the consignor (consignee), on having received such notification, does not within the time limit specified by the railway undertaking (operator) give instructions that can be executed to the station where the goods are being held, the railway undertaking (operator) shall choose the best possible route for carriage. In this case, the railway undertaking (operator) shall keep to the terms of delivery corresponding to the actual route of carriage and shall have the right to collect charges for the actual route of carriage and use of wagons.
4. Where the circumstances preventing carriage arise through the fault of the railway undertaking (operator), additional charges relating to the delivery of goods shall be covered by the railway undertaking (operator). In this case, the railway undertaking (operator) shall not be released from the liability referred to in Article 59 of the Code for exceeding the transit period.
5. Where the circumstances preventing carriage are eliminated before the arrival of instructions from the consignor, the goods shall be forwarded to the destination railway station and the consignor shall be notified to that effect.
 
Article 53. Notification of Delivery
The railway undertaking (operator) shall notify the consignee of the goods received in his name in accordance with the procedure laid down in the Rules on Carriage of Goods by Rail or in the contract concluded between the railway undertaking (operator) and the consignor (consignee). Delivery shall be deemed to have been effected at the time of receipt of such notification.
 
Article 54. Delivery
1. The railway undertaking (operator) shall hand over the consignment note and deliver the goods to the consignee at the destination railway station (place of destination). The consignor (consignee) shall pay the amounts charged for carriage and other services provided by the railway undertaking (carriage) before accepting the consignment note and the goods unless provided for otherwise in the contract of carriage.
2. The consignee shall be responsible for delivering for verification, in the cases provided for by the law, the goods handed over at the destination railway station to a place specified by an authorised public institution within the established time limit, with the seals affixed to the vehicles and their outer surfaces intact, also with the seals affixed to packages and/or identification markings intact.
3. When handing over the goods at the destination railway station (place of destination), the railway undertaking (operator) shall ascertain the weight of the goods, their quantity (number of packages) and condition if:
1) the goods are carried in a defective wagon, also in a wagon with seals that are not intact or that are not the original seals of the forwarding railway station;
2) the goods are delivered in unsealed wagons and show obvious signs of loss, deterioration or damage;
3) the terms of delivery for perishable goods or the temperature limits in refrigerating wagons have not been complied with;
4) the goods were unloaded by the railway undertaking (operator).
4. In the cases referred to in paragraph 3 above, the consignee may refuse to accept the goods so long as the verification for which he has asked has not been made.
5. The consignee shall acknowledge the receipt of goods by signing the consignment note.
6. The goods shall be handed over in accordance with the procedure set out in the Rules on Carriage of Goods by Rail.
 
Article 55. Consequences Arising from Failure to Collect Goods in Due Time
1. Where the consignee, on being notified of the delivery of goods, fails to collect them in due time, he shall pay, in accordance with the procedure set out in the Rules on Carriage of Goods by Rail, the railway undertaking (operator) charges levied for the storage of goods and use of wagons.
2. Where the consignee fails to collect the goods within ten working days after receipt of notification about the goods received in his name and does not give any instructions to the railway undertaking (operator) or does not conclude a contract for the storage of goods, the railway undertaking (operator) shall have the right to unload the goods and store them at the expense of the consignee.
3. Where the consignee cannot be located, the railway undertaking (operator) shall notify the consignor thereof. If the consignor fails to reply within ten working days, the railway undertaking (operator) shall keep the goods in storage in accordance with the procedure set out in the Rules on Carriage of Goods by Rail.
4. The procedure of unloading the goods and the time limit for their storage shall be specified in the Rules on Carriage of Goods by Rail.
5. Where the goods are not collected during the time of their storage, the railway undertaking (operator) shall have the right to dispose of them in accordance with the procedure established by the Government. Where a claim is made by the consignor (consignee), the railway undertaking (operator) shall transfer the sums collected, less the charges due to the railway undertaking (operator), to the consignor (consignee). Where no such claim is made, the sums collected, less the charges due to the railway undertaking (operator), shall be transferred to the state budget.
 
CHAPTER SEVEN
LIABILITY OF THE RAILWAY UNDERTAKING (OPERATOR), PASSENGERS, CONSIGNORS AND CONSIGNEES
 
Article 56. Grounds for Liability of the Railway Undertaking (Operator), Passengers, Consignors and Consignees
1. The railway undertaking (operator), consignors and consignees shall be liable for the violation of contracts for carriage of passengers, luggage and goods and/or contracts for organisation of carriage.
2. Agreements between the railway undertaking (operator), passengers, consignors and consignees shall not effect any changes in the procedure and extent of liability specified in this Code.
 
Article 57. Liability of the Railway Undertaking (Operator) for Total or Partial Loss of, or Damage to, Goods
The railway undertaking (operator) shall be wholly liable for the total or partial loss of, or damage to, the goods and luggage between the time of acceptance for carriage and the time of delivery to the consignee or any other person duly authorised by the consignee where it fails to furnish proof that the total or partial loss of, or damage to, the goods or luggage is not the result of a fault on the part of the railway undertaking (operator).
 
Article 58. Cases where the Railway Undertaking (Operator) is not Liable for Total or Partial Loss of, or Damage to, Goods
The railway undertaking (operator) shall be relieved of such liability when the total or partial loss of, or damage to, the goods was caused by:
1) a fault on the part of the consignor (consignee);
2) the nature of certain goods or luggage;
3) inadequacy of containers or packing that was not obvious when accepting the goods or luggage for carriage if there are no signs of damage to containers or packaging;
4) the loss of goods or luggage does not exceed the established wastage allowances (natural loss) provided for in paragraph 2 of Article 44 of this Code as well as the accuracy limits of the weighbridge or the permissible weighing error and the wagon (container) which has delivered the goods or luggage is technically accurate with the seals affixed by the consignor intact;
5) the goods were handed over to the consignee with the original seals intact;
6) the goods were carried in well-kept open wagons without reloading in transit, with protective marking intact and where the goods have been duly fastened;
7) carriage which is accompanied by the consignor’s or consignee’s attendant;
8) force majeure.
 
Article 59. Extent of Liability for Total or Partial Loss of, or Damage to, Goods
1. The railway undertaking (operator) shall be liable for damage to the goods or luggage during carriage:
1) in case of total or partial loss of the goods or luggage, compensation shall be equivalent to the loss in value of the goods or luggage;
2) in case of damage to the goods or luggage, compensation shall be equivalent to the loss in value of the goods or luggage;
3) in case of loss of the goods or luggage whose value was indicated at the time of acceptance for carriage, compensation shall be equivalent to the value of goods as originally indicated. Where the railway undertaking (operator) furnishes proof that the actual value of the goods or luggage is lower than originally indicated, compensation shall be equivalent to the loss in the actual value.
2. Where the railway undertaking (operator) is liable for damage to goods and the quality of the goods or luggage has been affected by such damage to the extent that they can no longer be used according to their intended purpose, the consignee shall have the right to refuse the said goods or luggage and request compensation for loss.
3. If the railway undertaking (operator) had paid compensation for the loss of goods or luggage which was recovered later on, the consignee (consignor), on being notified by the railway undertaking (operator) about such recovery, shall have the right to request within a period of one year that the goods or luggage be delivered to him. In this case he shall refund the compensation received for the total or partial loss of goods to the railway undertaking (operator); however, he shall retain the right to claim compensation equivalent to the loss in value of the goods caused by the delay in their delivery.
 
Article 60. Liability of the Railway Undertaking (Operator) for Exceeding the Transit Period
1. The railway undertaking (operator) shall be liable for exceeding the transit period indicated in the contract of carriage if he fails to furnish proof that the exceeding of the transit period was not caused by a fault on his part.
2. The railway undertaking (operator) shall compensate for the loss incurred by the delay in delivery of goods or luggage.
 
Article 61. Liability of the Railway Undertaking (Operator) for Loss of, or Damage to, the Consignor’s (Consignee’s) Rolling Stock, Containers or Special Fastening Devices
1. Where the railway undertaking (operator) has caused the loss of the consignor’s (consignee’s) rolling stock, containers or special fastening devices, it shall transfer its own rolling stock, containers or special fastening devices into the consignor’s (consignee’s) ownership at his request. If the railway undertaking (operator) does not have such rolling stock, containers or special fastening devices, it shall compensate the consignor (consignee) for the loss in value of the rolling stock, containers or fastening devices unless the parties agree otherwise.
2. Where the railway undertaking (operator) has caused damage to the consignor’s (consignee’s) rolling stock, containers or special fastening devices, it shall repair them.
3. The consignor (consignee) may repair the rolling stock, containers or special fastening devices damaged by the railway undertaking (operator). In this case, the railway undertaking (operator) shall compensate the consignor (consignee) for repair costs.
 
Article 62. Liability of the Railway Undertaking (Operator) for Failure to Provide Rolling Stock, Containers and Special Fastening Devices
Where the railway undertaking (operator) fails through its own fault to provide the consignor with rolling stock, containers and special fastening devices in due time as specified in the contract of carriage or contract for organisation of carriage, it shall be liable in accordance with the procedure set out in the said contracts. Nevertheless, the railway undertaking (operator) shall not be relieved of the responsibility to provide rolling stock, containers and special fastening devices unless the parties agree otherwise.
 
Article 63. Liability of Passengers, Consignors and Consignees
Passengers, consignors and consignees shall compensate, in accordance with the procedure established by the laws of the Republic of Lithuania, the damages caused by a fault on their part to the railway undertaking (operator) or any other legal or natural person.
 
Article 64. Liability of Passengers and Consignors (Consignees) for Providing Inaccurate, Incorrect and Insufficient Particulars in Carriage Documents
Where passengers and consignors (consignees) present inaccurate, incorrect or insufficient particulars in carriage documents, they shall compensate the railway undertaking (operator) for the losses resulting from any irregularity in such documents.
 
Article 65. Liability of Consignors (Consignees) for Loss of, or Damage to, the Railway Undertaking’s (Operator’s) Rolling Stock, Containers or Special Fastening Devices
1. Where the consignors (consignees) have caused the loss of the railway undertaking’s (operator’s) rolling stock, containers or special fastening devices, they shall compensate the railway undertaking (operator) for the loss in value of the lost rolling stock, containers or fastening installations unless the parties agree otherwise.
2. Where consignors (consignees) have caused damage to the railway undertaking’s (operator’s) rolling stock, containers or special fastening devices, they shall repair them.
3. The railway undertaking (operator) may repair the rolling stock, containers or special fastening devices damaged by the consignor (consignee). In this case, the consignor (consignee) shall compensate the railway undertaking (operator) for repair costs.
 
Article 66. Liability of Consignors (Consignees) for Failure to Duly Pay Carriage Charges or Charges for Use of Railway Undertaking’s (Operator’s) Rolling Stock, Containers or Special Fastening Devices
Where consignors (consignees) fail to pay carriage and related service charges as well as charges for the use of rolling stock, containers or special fastening devices in due time, they shall pay the railway undertaking (operator) a penal interest specified in the contract of carriage or contract for organisation of carriage. Penal interest shall be paid on overdue charges for every day of delay.
 
Article 67. Claims and Actions Relating to Carriage
1. Actions arising from the contract of carriage shall be brought before the court unless the parties agree otherwise. The plaintiff may make a claim to a railway undertaking (operator) before he brings action against it. The claim shall be examined within three months from the day of its submission to the railway undertaking (operator).
2. Actions arising from the contract of carriage may be brought within one year from the day when the plaintiff learned or had to learn that his rights were violated. Declaration of claim shall extend the period of limitation for three months.
 
Annex to
Railway Transport Code of the Republic of Lithuania
 
 
 
EU legal acts implemented by the Railway Transport Code
 
 
1. Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway.
2. Council Regulation (EEC) No 1893/91 of 20 June 1991 amending Regulation (EEC) No 1191/69 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway.
3. Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways.
4. Council Regulation (EEC) No 3578/92 of 7 December 1992 amending Regulation (EEC) No 1107/70 on the granting of aids for transport by rail, road and inland waterway.
5. Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings.
6. Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system.
7. Council Regulation (EC) No 2255/96 of 19 November 1996 amending Regulation (EEC) No 1107/70 on the granting of aids for transport by rail, road and inland waterway.
8. Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways.
9. Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings.
10. Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification.
11. Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system.