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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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-12-10-82

Law on the Convention on International Carriage by Rail (COTIF law)


Date LOV-2004-12-10-82


Affairs Ministry

Edited

LOV-2010-06-19-107 from 03/09/2010


Published in 2004 Booklet 14


Effective 10.12.2004, 01.07.2006

Changes

LOV-1977-06-10-73, LOV-1984-06-15-74, LOV-1984-06-15-75

Promulgated
10.12.2004

Short Title
COTIF law

Act title amended by Act 22 Dec 2006 no. 105. Cf.. Previous Act 15 June 1984 no. 74 on the carriage of passengers and goods on railways in accordance with the Agreement of May 9, 1980 on International Carriage by Rail (COTIF) and Law 15 June 1984 No.. 75 consent to the ratification of the Convention of 9 May 1980 on international railway traffic.

§ 1. Convention on International Carriage by Rail Act implements the Protocol of 3 June 1999 amending the Convention on International Carriage by Rail (COTIF) of 9 May 1980 (Protocol 1999) with annexes mentioned in § 2 and the Protocol on Privileges and Immunities for the intergovernmental Organisation for international Carriage by Rail (OTIF).
The Convention shall apply as Norwegian law.

§ 2. Scope
a)
Uniform Rules for agreement on international transport of travelers on railways (CIV - Appendix A to the Convention) applies to all paid and free transport of travelers on the train when the departure is in Norway and the destination is in another Contracting State, or vice versa, with the specifications and conditions mentioned in Article 1 of the CIV, carriage covered by European Parliament and Council Regulation (EC) 2007/13711 of 23 October 2007 on jernbanepassasjerers rights and obligations, cf. railways Act § 7 c, the provisions of the first sentence with the addition of the provisions of that Regulation.

B)
Uniform Rules for agreement on international carriage of goods by railways (CIM - Appendix B to the Convention) apply to all contracts of carriage of goods by rail for a consideration when instead of filing of the goods are in Norway and delivery of the goods is situated in another Contracting State, or vice versa, with the specifications and conditions mentioned in Article 1 of CIM,

C)
Rules for International Carriage of Dangerous Goods (RID - Appendix C to the Convention), applies to all international carriage of dangerous goods in Norway in accordance with Article 1 of RID, with the exceptions and limitations referred to in Article 2 and 3 of RID,

D)
Uniform Rules for agreement on the use of wagons in international rail traffic (CUV - Appendix D to the Convention) applies to bilateral and multilateral agreements on the use of railway vehicles as means of transport to perform transports by The Uniform Rules CIV and the uniform Rules CIM pursuant to Article 1 of the CUV,

E)
Uniform Rules for agreement on the use of infrastructure in international rail traffic (CUI - Appendix E to the Convention), applies to any agreement on the use of infrastructure for international transport covered by the Uniform Rules CIV and the Uniform Rules CIM, with the clarifications and reservations referred to in Article 1 of the CUI,

F)
Uniform Rules for approval of technical standards and adoption of uniform technical prescriptions for railway material which shall be used in international traffic (APTU - Appendix F to the Convention), lays down the procedure to be followed for approval of technical standards and introduction of uniform technical prescriptions for railway material which shall be used in international traffic according to Article 1 of the APTU,

G)
Uniform Rules on technical approval of railway material to be used in international traffic (ATMF - Appendix G to the Convention) sets out the procedure to be followed for approval of rolling stock and other railway equipment for international traffic in accordance with Article 1 in ATMF.

§ 3. Definitions For purpose of this act:

A)

Convention - Protocol of 3 June 1999 amending the Convention on International Carriage by Rail (COTIF) of 9 May 1980 (Protocol 1999) with annexes mentioned in § 2, and Protocol on immunities mentioned in § 1, || |
B)

Passenger Truck in CIV - The contractual carrier as the traveler has signed transport agreement in accordance with the Uniform Rules (CIV), or a subsequent carrier who is responsible for CIV,

C)

Freight Forwarder in CIM - The contractual carrier transmitter has signed shipping agreements with in accordance with the Uniform Rules (CIM), or a subsequent carrier who is responsible for CIM.


§ 4. Recognition and enforcement of foreign judgments Judge, absence judgments and court settlements, which is rendered by a competent court in a Contracting State on the basis of the Convention, and which by convention state right entitles the enforcement is enforceable in this country. A request for enforcement is directed to the Oslo City Court. The court does not try the accuracy of conventional state judgment.
Provision in the first paragraph does not apply to decisions which have only provisionally enforceable, or the judge who imposes the plaintiff to pay an indemnity beyond litigation costs because its lawsuit dismissed.

§ 5. Procedure for recourse Rightfully Of the payment that is made by the carrier who carries one of the recourse provided for in the CIV and CIM can not be disputed by the carrier is sought recourse when compensation is determined legal and when the latter carrier, correct convention, been given an opportunity to intervene in the trial. The court in the main proceedings determines deadlines for service of the summons and for intervention.
The recourse increasing carrier shall for the same right furthering its claim against all the carriers with which it has reached an amicable settlement with. Otherwise, he loses the right of recourse against those not sued. The Court decides in a single sentence all the recourse submitted to it.
Any carrier who wants to make its subrogation current may be brought before a court in Norway on one of the carriers who have taken part in the carriage has an ordinary venue in Norway.
When action shall be brought against several carriers as ordinary venue in Norway, it has recourse growing carrier's right to choose in which of these circuits it will lay out the case.

§ 6. Disbursements, attachment, etc.. Have a transport undertaking resulting from a transfer which is subject to the Uniform Rules CIV or CIM, claims on foreign transport undertakings, it can only be execution or attachment in this country when it happens according to a judgment of a court of the State in the foreign transport undertaking belongs.
By receivables arising out of a contract subject to the Uniform Rules CUV or CUI may only be execution or attachment by judgment of the court of the State that the foreign company which is claimant belongs.
For the proprietor of rail cars that are not headquartered in Norway, the rail cars only taken as execution, arrest and / or bankruptcy seizures in this country by judgment of the court of the State in which the holder has his headquarters. Owner means the person on permanent view stands for the economic operation of a railway carriage as transport, whether that person owns it or has control over it.

§ 7. Regulations The King may by regulations make restrictions on scope of the Act pursuant to § 2 for safeguarding obligations under other international agreements entered into by Norway. The Ministry may issue further regulations to supplement and implement the law.

§ 8. Ratification Parliament agrees that Norway ratify Protocol of 3 June 1999 amending the Convention on International Carriage by Rail (COTIF) of 9 May 1980 (Protocol 1999).

§ 9. Entry into force and amendments to other Acts Act comes into force from the date decided by the King. § 8 nevertheless takes effect straks.1
From the time the law comes into force, the following amendments to other Acts - - -