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Law On The Convention On International Carriage By Rail (Cotif Law)

Original Language Title: Lov om Overenskomst om internasjonal jernbanetrafikk (COTIF-loven)

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Law of the Overdeal on international railroad traffic (COTIF Act)

Date LO-2004-12-10-82
Ministry of Behavioral Ministry
Last modified LAW-2010-06-19-107 from 3:09.2010
Published In 2004 booklet 14
Istrontrecation 10.12.2004, 01.07.2006
Changing LAW-1977--06-10-73 , LO-1980-19-06-15 -74 , LO-1980-19-06-15 -75
Announcement 10.12.2004
Card title COTIF Act

Lovens title modified by law 22 des 2006 # 105. Jf. former law 15 June 1984 # 74 about the foraging of persons and goods on the railways according to the Overdeal of 9 May 1980 on international railroad traffic (COTIF) and law 15 June 1984 No. 75 about the consent of the ratification of the agreement of 9 May 1980 about international railroad traffic.

SECTION 1. Overall, the overtly agreement on international railroad traffic

The law is conducting the Protocol of 3. June 1999 about Change of Overdeal on international rail traffic (COTIF) of 9. May 1980 (Protocol 1999) with attachments as mentioned in Section 2 as well as Protocol of privilege and immunity for the Intermediate Organization for international rail traffic (OTIF).

The overorder shall apply as Norwegian law.

SECTION 2. Scope
a) Unified judicial rules of agreement on international transport of travelers on the railroads (CV-Bilag A to the agreement) apply to all paid and free transportation of travelers on rail when the departure site is located in Norway and the destination is located in the second convention state or vice versa, with the precision locations and reservations mentioned in Article 1 of the CV, For foraging being reauthored by European Parliament and Council Regulation (EC) 2007/1371 1 of 23. October 2007 about the railroad passenger's rights and obligations, jf. The railroad law Section 7 c, applies to the rules in the first period with the addition of the rules of the mentioned Regulation.
b) Unified legal rules of agreement on international transport of goods on the railroads (CIM-Bilag B to the agreement) apply to all contracts on transport of goods on railways when the site of the provision of the estate is located in Norway and Issue of the estate is located in the second convention state or vice versa, with the precision locations and reservations mentioned in Article 1 of CIM,
c) Rules for international railway transport of hazardous estate (RID-Bilag C to the agreement), applies to all international railway transport of hazardous goods in Norway according to Article 1 in RID, with the exception and limitations as mentioned in Article 2 and 3 in RID,
d) Unified legal rules of agreement on the use of carriages in international rail traffic (CU-Bilag D to the agreement) apply to the bi and multilateral agreements on the use of rail cars as a means of transportation after the unit of the court rules CIV and the Device Rights Rules CIM in accordance with Article 1 of the CUV,
e) Unified legal rules of agreement on the use of infrastructure in international rail traffic (CUI-Image E to the agreement), applies to any agreement on the use of infrastructure for international transport as being retaken by the Device Rights CV and De Device legal rules CIM, with the precision locations and reservations mentioned in Article 1 of the CUI,
f) Unified judicial rules on the approval of technical standards and introduction of unit technical regulations for railway materials to be enjoyed in international traffic (APTU-Bilag F to the agreement), determines the procedure to be followed by the approval of technical standards and introduction of unit technical regulations for railway materials to be enjoyed in international traffic pursuant to Article 1 of the APTU,
g) Unified judicial rules on technical approval of railway materials to be enjoyed in international traffic (ATMF-Bilag G to the agreement) determines the approach to be accompanied by the approval of rolling material and other railway material for international traffic pursuant to Article 1 of the ATMF.
0 Modified by law 19 June 2009 # 107 (ikr. 3 sep 2010 ifg. res. 3 sep 2010 # 1239).
1 Is supposed to be frad. 1371/2007. Jf. EES deal attachment XIII number 42h
SECTION 3. Definitions

In this law, it is meant by :

a) The Overfall -Protocol of 3. June 1999 about Change of Overdeal on international rail traffic (COTIF) of 9. May 1980 (Protocol 1999) with attachments as mentioned in Section 2, and protocol of immunity as mentioned in Section 1,
b) Passenger Transport in CV -The agreement-based transporter as the traveller has reached transportation agreement with pursuant to the Device Rights Rules (CV), or a subsequent transporter that is responsible for the CV,
c) Gostrators in CIM -The agreement-based transporter as the broadband has reached cargo agreement with pursuant to the Device Court of Rights (CIM), or a subsequent transporter that is responsible for CIM.
SECTION 4. Recognition and consummation of foreign judge

Judge, absence judge and court settlement, which has been said by a competent court in a convention state with the basis of the agreement, and which after the convention state's right gives admission to compulsions, can be fulfilled here in the realm. The desire for consummation is directed to the Oslo city of the Oslo city of the city. The court is not trying the wealth of the Convention of the Convention.

The decision in the first clause does not come to the Applicability of decisions that only have tentatively compulsions, or on the judge who impose the plaintiff's claim beyond the sake of the sacraments because dennes lawsuits are dismissed.

0 Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3.
SECTION 5. Steps on the regress

The correction of the payout made by the transporter that exercising one of the relooks set in the CV and CIM may not be disputed by the transportation of the transportation of the transporter when the replacement is stipulerated and when the latter transporter, correct subpoenaed, has been given the opportunity to intervenate in the trial. The court in the main lawsuit determines the frists for the discourse of the subpoena and for the intervention.

The regal-seeking transporter should for one and the same right advance their claim against all of the transporters that it has not yet come forward to a memorial arrangement with. In the opposite, the tares of the right to the regress of those who have not been subpoenaed. The court decides in one and the same sentence all the rerecases that are lecsed it.

Any transporter wishing to make its repressor current can travel lawsuits by court in Norway if one of the transporters that has participated in the transport has ordinary verneying in Norway.

When lawsuits are due to be filed against multiple transporters that have common verneying in Norway, the regal-seeking transporter has the right to choose in which of these circuits it will grow the case.

0 Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3.
SECTION 6. Outlay, arrest mv.

Has a transport enterprise as a result of a transport that is subject to the Device Rights CV or CIM, rechanges on a foreign transport enterprise, it can only be taken place or arrest here in the realm when it occurs according to a verdict said by a The court of the Convention State the foreign transport enterprise belongs to.

By the Accounts receivable as follows by a contract subject to the Device Rights of CUV or CUI, it can only be taken place or arrest after judgment said by the court in the state as the foreign enterprise that is the foraging of the foreign enterprise.

For the holder of train cars that don't have their lead office in Norway, railroad cars can only be taken as outlay, arrest and / or in bankruptcy protection here in the realm after judgment said by the court in the state in which holder has its head office. Inholder means the one in permanent fashion stands for the economic operation of a railroad car as a means of transportation, either that the person owns it or has the raw court over it.

SECTION 7. Prescription

The king can in regulation make narrowing in the scope of law after Section 2 to safeguard obligations under other international agreements Norway has reached. The Ministry can provide further regulation to the padding and review of the law.

0 Modified by law 22 des 2006 # 105.
SECTION 8. Ratification

Parliament's consent consent to Norway ratify Protocol of 3. June 1999 about Change of Overdeal on international rail traffic (COTIF) of 9. May 1980 (Protocol 1999).

SECTION 9. Ipowertrecation and changes in other laws

The law takes effect from the time the King decides. Section 8 still takes effect immediately. 1

From the time the law takes effect, the following changes are made in other laws :---

1 The rest of the law is ifg. res. 5 May 2006 # 479 sat ikr from 1 July 2006.