Machine Translation of "Law No. 110 Of 27 April 2006 On The Approval Of The Government Ordinance. 7/2005 Approving The Railways Transport From R..." (Romania)

Law No. 110 Of 27 April 2006 On The Approval Of The Government Ordinance. 7/2005 Approving The Railways Transport From Romania

Original Language Title: LEGE nr. 110 din 27 aprilie 2006 privind aprobarea Ordonanţei Guvernului nr. 7/2005 pentru aprobarea Regulamentului de transport pe căile ferate din România

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LEGE no. 110 110 of 27 April 2006 on approval Government Ordinance no. 7/2005 for the approval of the Romanian Railways Transport Regulation

ISSUER

PARLIAMENT

Published in OFFICIAL MONITOR no. 408 408 of 11 May 2006

The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 7 7 of 20 January 2005 for the approval of the Romanian Railways Transport Regulation, adopted pursuant to art. 1 1 section I. 16 of Law no. 602/2004 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 101 of 31 January 2005, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " ORDINANCE for the approval of the Regulation on transport on railways in Romania " 2. Article 1 shall read as follows: "" Art. 1. -The Regulation on transport on railways in Romania, set out in the Annex which is an integral part of this ordinance, is approved. " 3. Article 2 shall read as follows: "" Art. 2. -(1) In application of the provisions of the Regulation on transport on railways in Romania, the Ministry of Transport, Construction and Tourism will issue, by order of the Minister, within 120 days of publication, transport by rail, hereinafter referred to as Uniform Rules, applicable to the manager and managers of railway infrastructure, operators and beneficiaries of rail transport. (2) Each railway operator may issue its own regulations, in compliance with the provisions of the Regulation on transport on the railways of Romania and of the Uniform Norms. " 4. The title of the annex will read: "" REGULATION on transport on railways in Romania " 5. In the Annex, Article 1 shall read as follows: "" ARTICLE 1 Subject matter and scope ((1) This Regulation has as its object the establishment of rules on the rights, obligations and responsibilities of the manager and managers of railway infrastructure, rail transport operators and beneficiaries of transport carried out on the railways in Romania. ((2) This Regulation applies to expeditions, public transport of passengers, goods and other goods on the railways in Romania, as well as their accessories activities. ((3) This Regulation applies, as the case may be, to transport on the railways in Romania, carried out for its own interest, as well as to their activities. (. Railway public transport shall be carried out on the basis of a transport contract. (. In domestic traffic, the transport contract shall be concluded and executed in accordance with the provisions of this Regulation and other regulations in force. (6) In international traffic, the transport contract shall be concluded and executed in accordance with the international agreements and conventions to which Romania is a party. (7) The carrying out of a military transport shall be carried out on the basis of a convention which will be concluded between the rail operator and the respective national defence authority. (8) If national security, railway traffic safety and public interest require it, the railway infrastructure manager/manager and/or the railway operator, according to the provisions of the competent authorities, according to the law, may decide that: a) traffic and/or service to be suspended on certain routes, in whole or in part; b) some expeditions to be excluded from transport or received only under certain conditions, predetermined; c) certain expeditions to enjoy priority; d) military transports to be executed uninterrupted in case of necessity. (9) The measures provided in par. (8) should be brought to the attention of those concerned or made public, in advance, as appropriate. " 6. In the Annex, Article 3 shall read as follows: "" ARTICLE 3 Responsibility of the manager/manager of railway infrastructure and rail operators for their agents (1) Rail transport operators and railway infrastructure manager/managers shall be responsible for breaches of regulatory or contractual provisions or abuses committed by agents in their service, as well as by other persons who have duties, from their disposal, in the execution of transport. ((2) Where agents serving in the service of railway operators, the manager/manager of the railway infrastructure provide services for the performance of public passenger transport, goods and other goods, such as and related services and adjacent to them, for which they are not empowered by rail operators or by the manager/management of railway infrastructure, they shall be deemed to be working in the account and on the responsibility of the person concerned for which I do these services. (3) The rail transport operator does not respond to the luggage entrusted in the stations and trains to persons who do not belong to the category of those provided in par. ((1). ' 7. In the Annex, Article 4 shall read as follows: "" ARTICLE 4 Transport rates (1) The establishment or modification of passenger rail fares shall be made according to the legal regulations in force. (2) Rail freight rates are freely formed on the market. (3) Rail transport rates shall enter into force after publication and/or, in the case of passenger rail fares, after display at the ticket offices and at the other points where travel passes are sold. (4) The price of the transport service shall be determined in accordance with the rates of the rail transport operators in force at the time of the conclusion (5) Rail transport rates shall be published. Passenger rail fares are brought to public attention by display in places where travel passes are sold and may also be brought to the attention by mass media. The conditions for publication will be determined by the Uniform Rules (6) Rail transport operators may grant facilities or tariff reductions on the basis of the provisions of normative acts only if the authority, agent, respectively legal person who requested the facility or the reduction ensures the related compensations. (7) For commercial purposes, on the basis of agreements concluded between rail operators and customers, tariff reductions may be granted or other tariffs may be applied other than those published, with the exception of rail passenger transport. Their publication is not mandatory. (8) Rail freight operators are entitled to charge and other amounts, unforeseen in tariffs, as a result of additional costs falling to customers. These amounts shall be entered separately on the transport document and shall be justified by supporting documents. (9) The tariffs, rules and service instructions may not derogate from the provisions of this Regulation. (10) Passenger rail operators are entitled to charge and other amounts, calculated on a basis of deviation, for benefits at the request of the customer. These amounts shall be collected on the basis of invoice or other financial documents in use. " 8. In the Annex, Article 5 shall read as follows: "" ARTICLE 5 Exchange rate of currencies For the collection, according to the law, in a currency other than the one in which the tariffs are expressed, the railway operators must make public the exchange rate at which they make the conversion of the amounts and the acceptance to payment of foreign currencies. " 9. In the Annex, Article 6 shall read as follows: "" ARTICLE 6 Referrals (1) Each rail passenger operator shall determine the manner in which the referrals of the travelling public are received and shall display these rules in conspicuous place in each railway station in which they operate. (. Rail passenger transport operators shall respond in writing to any written referral within a maximum of 30 days. " 10. In the Annex, Article 8 shall read as follows: "" ARTICLE 8 Conditions of acceptance for transport The rail operator shall carry out passenger transport according to this Regulation as long as: a) transport is possible with the available agents and means of transport, which allow the satisfaction of transport requests; b) transport is not hindered by circumstances which the railway operator cannot avoid and whose removal does not depend on it. " 11. In the Annex, Article 9 shall read as follows: "" ARTICLE 9 Admission to transport. People excluded from transport. Conditional admission (1) Travel passengers who possess valid travel passes to the train, route and class chosen for the journey are admitted to transport. (. journeys which do not comply with this Regulation and the provisions of the rail transport operator, made public, shall be excluded from transport. (3) On the train and at the station shall not be admitted or may be evacuated: a) persons who, by behavior, disturb the public order, contravene the norms of public conduct and good morals or who cause injury to the rolling stock belonging to the railway operator or who do not comply with the provisions this Regulation. These persons shall not be entitled to the refund of the trip; b) persons who, because of the disease, endanger the health of the other travelers, unless they travel with the payment of the reservation of the entire compartment. People who have fallen ill along the way and who require emergency interventions must be transported to the first station, where they are given the necessary care. These persons shall be reimbursed the difference between the tariffs paid and those related for the journey carried out, for the travel card, under the conditions provided in art. 21 21; c) persons who insult or assault the agents of the railway operator or the manager/manager of the railway infrastructure located during the service. (4) The transport of contagious patients shall be regulated by joint order of the Minister of Transport, Construction and Tourism and the Minister of Health. " 12. In the Annex, Article 10 shall read as follows: "" ARTICLE 10 Travel of passenger trains and suspension of train traffic (1) Travellers are transported by trains provided in the Mersul of passenger trains, published and displayed at stations, and with additional trains. Upon request, travelers can be transported by specially ordered trains or wagons, with the payment of the charges related to the (2) The railway operator and/or the manager/manager of the railway infrastructure, as the case may be, must inform the public of the suspension or cancellation of trains or train traffic, through the media and display in Stations. (3) The delay of trains shall be immediately notified to the public by the manager/manager of the railway infrastructure, by display at the stations and/or through the approval facilities, as well as by the verbal information of the passengers by the Agents, as appropriate. ((4) The conditions under which travel and services offered to passengers may be carried out are provided for in the passenger trains and, as the case may be, in the uniform rules or in the own regulations of the railway operators. (5) When, due to the delay of the train, the traveller does not catch the connecting train provided for the continuation of the journey, for which he possesses a travel card, the railway operator is obliged to carry it with his luggage, without charges new tariffs, with the first train of the same rank or rank lower, on the same route or on another route, so that it reaches its destination with the lowest delay, in compliance with the provisions of the Uniform Norms or regulations the own of the rail transport operators. (6) In case of suspension of the movement of a train, if this fact was not made known before departure from the starting station, and the traveler does not want to continue the journey with other trains or other routes, the rail transport operator is obliged to bring it back to the departure station, with the first train in circulation, without payment, returning it the tariffs paid for the unperformed transport. (7) If the interruption or suspension of the movement of a train was announced on the day prior to departure from the starting station, travelers will pay the tariffs related to the bypass route. (8) If the movement of passenger trains is interrupted as a result of the inadequate state of the railway infrastructure, the railway infrastructure manager/manager will organise, under existing technical conditions, a service of transport for passengers and luggage with other vehicles, at their own expense, to their destination or until the first point of connection for the continuation of the train journey. After the finding of the case that led to the interruption of traffic, the manager/management of the railway infrastructure will recover their expenses with the transport of passengers and their luggage from those responsible for the damage infrastructure. ((9) The traveller may postpone the trip if he presents the visa card for the deferral visa within the period provided for in the If a train or services with higher fares are used, the traveler will pay the fare difference. (10) The traveller may waive the journey if he presents the non-use visa card within the time limit laid down in the uniform rules (11) These provisions do not extend the duration of the travel cards the use of which is determined by the Uniform Rules. " 13. In the Annex, Article 11 shall read as follows: "" ARTICLE 11 Travel cards and the duration of their validity ((. Any travel card shall contain the particulars provided for in the Uniform Rules. (2) Travel cards shall be obtained from stations, agencies, from authorized agents, from agents of transport operators on trains or by electronic means, under the conditions established by the railway operator. ((3) The rates for travel cards obtained from the agents of the transport operators on trains may be higher than those from the ticket offices at the stations, under the conditions established by the railway operator. (4) The traveller must check in place, upon receipt of the travel card, if it corresponds to his request. (5) The return of travel cards by unauthorized persons is not permitted. Travel passes found in these cases will be cancelled and travellers will be deemed without travel ID and treated accordingly. Unauthorized persons who resell travel cards will be treated as trespassers. (6) The giving of nominal travel cards or with reduced rates to other persons who are not entitled to them is prohibited. People who give away travel passes are considered trespassers. The cards found in this situation are retained by train staff and the travellers concerned will be considered without travel card and treated accordingly. (7) The railway operator shall make public the rules of use and the dates of validity of the travel cards. " 14. In the Annex, Article 12 shall read as follows: "" ARTICLE 12 Filling and booking of seats (1) The traveller can take place on the train, respecting the right to the class and the services provided by his travel card. (2) On trains with reservation of seats, the traveller can occupy only the places registered in the travel card. ((3) The ways of booking seats on trains are regulated by the railway operator and brought to the attention of the travelling public by the Mersul of passenger trains. ((4) Under the conditions laid down by the Uniform Rules or by the own regulations of the railway operators, the traveller may use a place in a higher class, superior service or a category train higher than those indicated on the the travel card or may require that the itinerary be amended, with the payment of the tariff differences. (5) The traveler who cannot obtain the place and does not consent to travel on his feet has the right to request the refund of the travel card consideration for the unperformed journey, the postponement of the trip or pay the difference for the trip to a the upper class, in accordance with the provisions of the uniform rules or regulations of the railway operators. (6) If the traveller cannot take the place reserved according to the travel card, the operator of the railway operator is obliged to provide it with another place, within the limits of the available seats on the train, according to the provisions of the Norms Railway operators ' own uniforms or regulations. If no place can be provided to him, the booking ticket fee will be returned. The request for the refund of the tariff shall be addressed to the railway operator, which shall also bear the costs of sending it by post. (7) On trains without a reservation system, under the conditions of the Uniform Rules or of the railway operators ' own regulations, entire compartments may be booked. " 15. In the Annex, Article 13 shall read as follows: "" ARTICLE 13 Discounts from passenger fares ((1) Children up to the age of 5 years old, for which no separate place is required, shall be transported free of charge, without travel card. ((2) Children up to the age of 10 years of age shall pay 50% of the transport tariff and of the train supplement, having the right to separate place. On trains with reserved seats also pay the full fare of the ticket. (3) The railway operator may grant commercial discounts, regulated by tariffs and brought to the attention of the travelling public by publication, according to art. 4 4 para. ((5). (4) No reduction granted by the rail operator may be applicable to travel cards which already enjoy a reduction of the whole tariff. ((5) Travellers benefiting from discounts must submit, at the request of the operator of the railway operator, proof that they can benefit from the respective reductions. Travelers who do not prove that they can benefit from the respective discounts will be considered offenders and will be sanctioned in accordance with the legal provisions. " 16. In the Annex, Article 14 shall read as follows: "" ARTICLE 14 Right to transport (1) The traveller must possess a valid travel card on the date, train, class and service used, obtained according to the regulations in force. To those who contravene this provision the railway operator does not recognize them either as a right and does not respond to any damage suffered by them. (2) The traveller is obliged to keep the travel card on himself during the journey and to present it for verification, upon request, to the operator of the railway operator empowered for this purpose. (3) Travel cards with non-certified amendments, in accordance with the provisions of the uniform rules or regulations of the railway operators, shall not be valid and shall be withdrawn by the agents of the carrier rail. (4) The traveller who does not present on the train a valid travel card is obliged to pay the toll rate on the train. If he refuses to pay the toll on the train, he is considered an offender and treated according to the law. (5) Offending travellers who cannot be legitimized for the preparation of the contravention minutes shall be handed over to the public order bodies at the first station on the route where they exist, for identification and sanctioning. ((6) The verification of the travel cards on the train, during parking at the stations, shall be regulated by the own regulations of the railway operators. " 17. In the Annex, Article 15 shall read as follows: "" ARTICLE 15 Travel interruption (1) The travel card entitles, as a rule, to a single interruption of the journey, which must be within 24 hours of the departure of the train with which the traveller has arrived or from the departure of the first connecting train of the same rank. Exceptions are provided for in the railway operators ' own regulations. ((. The conditions under which the interruption of the journey shall be granted shall be determined by the own regulations of the railway operators. 18. In the Annex, Article 16 shall read as follows: "" ARTICLE 16 Rules for travellers (. The provisions of this Regulation shall be complied with in the premises, agencies and trains. (2) They are prohibited and constitute contraventions, insofar as they do not constitute crimes, the following facts: a) the journey on the roof of the wagons, on the stairs, on the pads, between carriages and in other places not intended for travellers b) the climb and the journey in freight trains, working, intervention, in wagons with certain impairment displayed on them, in luggage wagons, messaging, parcel, postal and in the cab of the locomotive, railcar or electric frame; c) smoking in wagons, waiting rooms, hallways, except places where smoking is allowed and this is displayed; d) the climb or descent from moving trains, the departure outside or the resection of doors, respectively the opening of doors during the train ride; e) throwing objects on the windows or doors of wagons; f) the climb or descent of luggage and persons on the windows of the wagons; g) damage of wagons, buildings or installations by destruction or removal of parts or equipment from their inventory; h) non-release of the place occupied in the wagon, which does not correspond to that provided in the travel card, at the request of the entitled one; i) the exercise of trade on trains or in railway stations without authorization issued by the railway operator or by the manager/manager of the railway infrastructure, as the case may be; j) the bonding of posters on trains or stations without the written consent of the railway operator or the manager/manager of the railway infrastructure, as the case may be; k) crossing the lines through places other than those specially arranged for travelers; l) entry or stationing on premises of establishments, where public access is prohibited by appropriate posters or icons; m) the practice of begging or practicing gambling on trains or in railway stations; n) disturbing the travellers ' peace by making noises; o) the challenge of scandal on trains or in the premises of railway stations; p) stationing in the wagon-restaurant after its closing time; r) the operation of the alarm signal or the handbrake for unjustified reasons; s) the soiling of vehicles and spaces affected by the public, including those between the lines, the unauthorized inscription of the walls of the wagons or of the buildings of the railway stations, the non-bonding of the posters; s) transport in passenger cars of objects or flammable substances, explosives, radioactive, poisonous and smelling river, which, according to the law and regulations of the railway operator, are not allowed to transport; t) prejudicing the interests of other passengers, preventing their free movement, violating environmental protection norms and fire prevention and extinguishing rules. (3) Travellers who contravene the provisions of par. (2) the railway operator or the manager/manager of the railway infrastructure shall not recognise any rights, of any kind, and shall not be liable for any damage which he or she would suffer. (4) The traveller who by his deeds has prejudiced any kind of the railway operator or the manager/manager of the railway infrastructure is obliged to pay the corresponding compensation. (5) The finding of deviations from the rules of travel shall be made by the agents empowered by the railway operator or by the manager/manager of the railway infrastructure or by the public order bodies, as the case may be, and shall be sanction according to the law. " 19. In the Annex, Article 17 shall read as follows: "" ARTICLE 17 Hand luggage (1) The traveler can take with him in the passenger cars, free of charge, hand luggage. Hand luggage must be easy to handle and tightly packed, so that it is not possible to leak the contents, damage or soiling the wagons or inconvenience the other travelers. (2) Each traveller shall have for his hand luggage only the space located above the place which he occupies or an equivalent space in the box for luggage of the wagons. The total mass of the admitted hand luggage for each occupied place is 30 kg. (. In passenger carriages, luggage may not be entered as luggage: a) the subjects and objects excluded from the transport of luggage; b) objects likely to embarrass or inconvenience travellers or to cause damage to passengers, rail transport operator or railway infrastructure manager/manager; c) objects prohibited by normative acts of administrative authorities; d) creatures, according to art. 18. (. The railway operator shall have the right to ensure for good reasons, in the presence of the traveller, of the nature of the objects placed in the passenger cars or in its premises. It does not entitle the rail operator to search the traveller's luggage, except with the latter's consent. If it is not possible to identify the person holding the objects subject to verification, the railway operator shall carry out the verification in the presence of public order bodies. (5) The supervision of the objects that the traveler takes with him in the wagon rests with him. (6) The traveler is responsible for any damage caused by the objects and creatures he takes with him in the wagon. (7) These provisions do not influence the liability that the railway operator may have, according to art. 22. (8) Hand luggage exceeding the conditions imposed by par. ((2) shall be treated according to the own regulations of the railway operators. (9) The regulations on luggage forgotten on the train will be included in the uniform rules, as well as in the own regulations of the railway operator, which will be brought to the attention of passengers, in compliance with the legal provisions in force. " 20. In the Annex, Article 18 shall read as follows: "" ARTICLE 18 Transport of lives in passenger cars ((. Animals, birds, reptiles, fish and live insects may not, as a rule, be transported in passenger carriages. (2) Exceptions to the provisions of par. ((1) shall be established by the uniform rules. " 21. In the Annex, Article 19 shall read as follows: "" ARTICLE 19 Other forms of transport of passenger transport (1) The rail transport operator may make combined and/or multimodal transport services. (. The uniform rules shall govern the execution of such services. " 22. In the Annex, Article 20 shall read as follows: "" ARTICLE 20 Passenger information. Travel of passenger trains (1) The manager/manager of the railway infrastructure will display in a visible place the passenger trains. The manager/manager of the railway infrastructure will announce for passengers, through the amplification stations, the arrival, stationing and departure of the trains from the station. The rail transport operator will display the passenger transport rates in a visible place. (2) In passenger stations there must be information counter, information panels displaying the composition of trains, the main links between trains and other information useful to travellers. The stations with the information counter shall be established by the railway operator or by the manager/manager of the railway infrastructure, as the case may be. ((3) Trains circulating with a special order, which shall be placed or withdrawn from circulation under the conditions established by the railway operator shall be displayed in the space reserved for passenger trains. (4) At the stations where the passenger flow is high there must be at least one special ticket clearance counter for: pregnant women, women with children in their arms, people who for health reasons cannot wait in a row. for the release of the ID, travellers whose train leaves in less than 20 minutes. The railway operator shall inform the travellers, by means of specific means of information, of the existence of these special counters. " 23. In the Annex, Article 21 shall read as follows: "" ARTICLE 21 Refund of unpaid or partial unpaid transport The refund of the collected value of the transport not carried out in whole or in part shall be made according to the provisions of the uniform rules and regulations of the railway operators. " 24. In the Annex, Article 22 shall read as follows: "" ARTICLE 22 Basis of liability (1) The railway operator shall be responsible for the damage resulting from the death, injury or any other injury to the traveller's health caused by an accident in connection with the railway operation, produced during the time the traveller is on the trains. or in spaces related to the operator, respectively when entering or leaving them. (2) The railway operator is also liable for damage resulting from the total or partial loss or damage of the objects that the traveller, the victim of such an accident, had on him. (3) The railway operator shall be exempt from this liability: a) if the accident was caused by foreign circumstances of railway operation, which the railway operator, with all due diligence required by the peculiarities of that case, could not avoid and whose consequences could not prevent them; b) in whole or in part, in so far as the accident is attributable to the traveller c) if the accident is due to the behaviour of a third party that the railway operator, with all due diligence required by the peculiarities of that case, could not avoid and whose consequences could not prevent them. (4) The Regulation does not remove the liability that the railway operator may have for unforeseen cases in par. ((1). ' 25. In the Annex, Article 23 shall read as follows: "" ARTICLE 23 Damages in the event of death of the traveller (1) In case of death of the traveller, under the conditions ((1) of art. 22, the damages shall include: a) expenses resulting from death, in particular those for the transport of the corpse, for burial or for cremation; b) if the death did not occur immediately, the damages are those provided in art. 24. (2) If following the death remain deprived of the supporter persons to whom the traveller had or has in the future the obligation of maintenance by virtue of the law, these persons have the right to receive an allowance or an annuity, as the case may be, for this loss. (3) The action in damages of persons that the traveler maintained without being obliged by law shall be exercised under the law. " 26. In the Annex, Article 24 shall read as follows: "" ARTICLE 24 Damages in case of injury to the traveller In the event of injury or any injury to the traveller, the damages shall include: a) the necessary expenses for treatment and transport; b) repairing the damage caused by the failure of total or partial work. 27. In the Annex, Article 25 shall read as follows: "" ARTICLE 25 Repair of other damage The railway operator will pay damages and for damages other than those provided for in art. 23 and 24, according to the legal provisions on civil liability. " 28. In the Annex, Article 26 shall read as follows: "" ARTICLE 26 Form and limitation of damages in case of death or injury to the traveller (1) The damages provided in par. ((2) of art. 23 23 must be granted in the form of a global amount in the case of the allowance (2) Allocation of a rente in the case provided in par. ((2) of art. 23 may be granted, upon request, under the law. (3) Total damages to be granted according to par. ((1) shall be determined in accordance with the legal provisions. In application of this Regulation, a maximum limit in lei of the equivalent of 75,000 euros in the overall amount or in the form of annual annuity corresponding to this global amount shall be fixed for each traveller. " 29. In the Annex, Article 27 shall read as follows: "" ARTICLE 27 Prohibition to limit liability The tariff provisions and those of special agreements concluded between the rail and traveller operator, which aim to exempt before, in whole or in part, the operator from his liability, or which have the effect of overturning the burden of proof returns to the operator or setting limits lower than those set out in paragraph 1. ((2) of art. 26, they're null and void. This nullity does not attract that of the transport contract. " 30. In the Annex, Article 28 shall read as follows: "" ARTICLE 28 Mixed transport (1) When trains or passenger cars perform the boarding, landing or positioning manoeuvre on the Romanian flag ferry, the provisions relating to the liability of the rail transport operator, in the event of death or injury of the traveller, are applicable to the damage provided in par. ((1) of art. 22, caused by an accident in connection with the railway operation, occurred while the traveller is on the trains or passenger cars mentioned or during the time they enter or leave them. ((. Where the rail operator uses or has its use in the execution of the transport process and of other means of transport than the railway operator, it shall be responsible for the rules applicable to that means of transport. " 31. In the Annex, Article 29 shall read as follows: "" ARTICLE 29 Administrative complaints (. In cases where this Regulation applies, the action on liability, with any title, may also be based on the provisions of common law. (2) The administrative complaints resulting from the transport contract are mandatory and must be addressed in writing to the railway operator within 3 months from the deadlines provided in par. ((3)-(5) of art. 33, in addition to the cases provided in par. ((1) of art. 33. (3) The right to advertise belongs to the person who has the right to act the railway operator, according to art. 30. ((4) In the case of refunds or compensation for the carriage of passengers by rail, the entitled one shall attach to the complaint the travel cards, in children. In case of approval of the complaint, the documents will be handed over in original to the railway operator, to the liquidation of the rights, before the payments are made. ((5) Complaints must be reasoned. " 32. In the Annex, Article 30 shall read as follows: "" ARTICLE 30 Persons who may exercise the right of action against the railway operator (1) Legal action against the railway operator belongs to the person who possesses the travel card, assimilated to the transport contract. (2) In case of injury, the legal action belongs to the injured person, and in case of death by accident, to her legal heirs. ((3) The request for the refund of an amount paid by virtue of the transport contract belongs to the one who made this payment. " 33. In the Annex, Article 31 shall read as follows: "" ARTICLE 31 Railway operators who can be sued in court The court action for the refund of an amount paid under the transport contract may be exercised against the passenger rail operator who has collected this amount or against the one for whose benefit it has been cashed. " 34. In the Annex, Article 32 shall read as follows: "" ARTICLE 32 Extinguishing the action arising from the liability of the passenger rail operator in the event of death and injury to passengers (1) Any action based on the liability of the passenger rail operator in the event of death or injury of the traveller is extinguished if the right does not signal in writing the claims, within 3 years from the time of taking knowledge of the accident. (. However, the right to action shall not be extinguished if: a) the accident has not been reported or has been delayed by the rail operator as a result of circumstances which are not attributable to the rightful one; b) the one entitled proves that the accident had as a cause a fault of the rail transport operator. " 35. In the Annex, Article 33 shall read as follows: "" ARTICLE 33 Prescription of the right to action on rail passenger transport (. The actions for damages, based on the liability of the passenger rail operator in the event of the death and injury of passengers, shall be prescribed: a) for travellers, within 3 years counted from the day following the one in which the accident occurred; b) for the other persons entitled, within 3 years counted from the day following the one in which the death of the traveller occurred. ((2) The other actions that arise from the transport contract are prescribed after the passage of a year. (3) The prescription provided in par. ((2) flows for the action: a) regarding the payment or refund of the transport tariff, the accessory tariffs or the additional tariffs or on the rectification in case of incorrect application of a tariff or by mistake of calculation or collection, from the day of payment or, if not made payment, from the day on which payment should be made; b) regarding the payment of a tariff supplement complained about by the customs or other bodies authorized by law, from the day of their request; c) in all other cases concerning passenger transport, from the day of expiry of the validity of the travel card. (4) The day indicated that the starting point of the prescription is never contained within the deadline. (5) In case of complaint to the railway operator, in accordance with art. 29, accompanied by the necessary supporting documents, the prescription shall be suspended until the complaint is resolved or until the expiry of the 30-day period in which it would have been obliged to resolve it: a) on the day on which the railway operator rejects the complaint in writing, it shall refund its documents. In case of partial acceptance of the complaint, the prescription restarts to run for the part of the complaint that remains in dispute; b) proof of receipt of the complaint or of the reply and of the refund of the documents shall be the responsibility of the party alleging that c) after the end of the suspension, the prescription resumes its course, counting the course time before the suspension; d) The prescription will not be fulfilled, however, before the expiry of a period of 6 months, counted from the end of the suspension case. (6) Further complaints having the same object do not suspend the prescription. (7) If a time limit must be completed on a Saturday or Sunday or on a public holiday, its expiration shall be extended until the first working day following. " 36. In the Annex, Article 34 shall read as follows: "" ARTICLE 34 Conditions of acceptance for transport (1) The railway operator may accept to transport any goods whose transport is not prohibited by legal provisions. ((. The goods for which special conditions are laid down by legal provisions may be transported under the conditions laid down in these provisions. (3) Dangerous goods are admitted to transport under the conditions of the Regulation on the International Rail Transport of Dangerous Goods (RID) -Apendice C to the Convention on International Carriage by Rail (COTIF). ' 37. In the Annex, Article 35 shall read as follows: "" ARTICLE 35 Order of transport (1) The transport will be requested by written order, addressed to the railway operator, according to the own regulations of the rail transport operators. (2) The order must contain at least the following indications: the dispatch station, the destination station, the goods, the quantity, the date and the place where the loading takes place, the type of means of transport, the necessary loading supplies. (3) The place where the order is submitted and the conditions for its submission and execution shall be established by the railway operators by their own regulations. (4) The acceptance of the order by the railway operator shall be confirmed by signature and stamp or by electronic means. ((5) By means of agreements concluded with customers, railway operators may lay down specific conditions for the ordering of transport. " 38. In the Annex, Article 36 shall read as follows: "" ARTICLE 36 Shipping, loading and unloading of goods (. The consignment shall mean the goods loaded in the means of transport, in compliance with the provisions of this Regulation, accompanied by the letter of carriage. The expedition is also the railway vehicle travelling on its own wheels, accompanied by a letter of carriage. ((2) The surrender-receipt of the expeditions will be carried out within the framework of the working hours of the railway operator, in the place and under the conditions established by order or by conventions concluded between the rail transport operators and customers. ((. The Expeditor shall be responsible for the accuracy and identity of the goods which are dispatched in relation to the data entered in the delivery documents and the letter of carriage and the integrity of the goods loaded by him in the means of transport. (4) The freight forwarder and the railway operator agree who is executing the loading and unloading of the goods. In the absence of a convention, loading and unloading return to the rail transport operator for parcels, while for full wagons and intermodal transport units the loading incumba the sender and the unloading, to the recipient. ((5) Unless the loading is made by the railway operator, the freight forwarder shall be responsible for all the consequences of a faulty load of the means of transport and shall repair the damage suffered therefrom. cause, even if the loading was done by another person on behalf of the sender. (6) Load load wagons, cargo dimensions, cargo loading and stacking mode, cargo insurance and exceptional shipments are carried out according to the provisions of the Agreement on the exchange and use of wagons freight between railway undertakings (RIV)-Annex no. II "Load of freight wagons (loading prescriptions)". (7) The transport of perishable goods and creatures shall be made in accordance with the provisions of the special laws in force. The special conditions and the railway transport technology are those established by the Uniform Rules. (8) Expeditions transported under special conditions may be charged after special rates. ((9) The wagons, intermodal transport units and loading supplies belonging to the railway operator which are made available to the consignor for loading must be in good condition, clean and appropriate with the nature of the goods to be loaded. (10) The Expeditor must check whether the means of transport and the loading supplies made available to him correspond to the transport in good condition. (11) If the sender charges the means of transport or uses the requisites of loading without objections, it operates the presumption that they were appropriate. The sender shall be responsible for the consequences of the use of unsuitable means of transport with the goods and the manner of its presentation, even after they have been handed over to the railway operator. (12) The railway operator shall endorse the consignors or the recipients of the provision of the means of transport for loading and unloading. The mode and conditions of approval shall be established by the railway operator by own regulations. The railway operator is not obliged to obtain from customers a confirmation of the approval of the means of transport available, except in cases where it has agreed otherwise. (13) The loaded means of transport must be handed over by the consignor to the railway operator with the doors, keys or gating holes closed, the movable parts and the requisites mounted. (14) In the cases and conditions provided for in the Uniform Rules, the railway operator shall take care of the disinfection, disinsection, cleaning and washing of the wagons belonging to it, at the expense of the customer. ((15) Transshipment/transhipment of goods between different gauge wagons or in case of failure of wagons or in any other circumstance imposed by the operating conditions shall be executed by the railway operator or authorized agents, on the basis of a convention concluded with the railway operator. Transhipment/tapping of goods requiring special means or conditions or posing a special danger to those handling them shall be carried out, at the request of the railway operator, by the consignor, the consignee or the to authorized agents. ((16) If the operations of loading, unloading or transhipment/tapping of goods are carried out by the consignor, consignee or by authorized agents, they are responsible for the degradation of goods, means of transport, supplies or installations of railway operators produced at their fault, as well as for the loss of mobile parts due to their unbundled after loading, unloading or transhipment/tapping. ' 39. In the Annex, Article 37 shall read as follows: "" ARTICLE 37 Conclusion of the transport contract (1) The transport contract is the agreement between the rail operator and the customer, whereby the first one undertakes to transport the goods, for consideration, to the place of destination and to hand it over to the recipient. ((. The transport contract shall be deemed to be concluded if the following conditions are met: a) the railway operator has received the goods loaded in the means of transport, in compliance with the provisions of this Regulation, or in the railway vehicle travelling on its own wheels, as the case may be, accompanied by the letter of carriage completed by the consignor in the entries reserved for and signed by him; b) the railway operator has affixed the stamp with the date on all copies of the carriage letter; the date printed by other technical means is equivalent to the stamp of the railway operator. ((. The inaccuracies in the carriage letter or the loss thereof shall not affect the existence or validity of the transport contract, which shall remain subject to the provisions of this Regulation. " 40. In the Annex, Article 38 shall read as follows: "" ARTICLE 38 Letter of carriage (1) For consignments of wagons, intermodal transport units and parcel, the transport document is the letter of carriage. (. The models of the letter of carriage and the manner of their completion shall be determined by the Uniform Rules. (. The carriage letter shall contain the following mandatory particulars: a) date of establishment; b) the name and address of the sender; that the sender must be registered a single natural or legal person; c) the name of the dispatch and destination stations, according to the nomenclature of railway stations; d) the name and address of the consignee; the name of a single natural or legal person e) the number and series of seals applied; f) the name of the goods and the packing mode and for the dangerous goods, the name provided by RID-Apendice C at COTIF; g) detailed listing of the annexes to the letter of carriage, necessary for administrative formalities in the process; h) the number of the means of transport and, where applicable, the intermodal transport unit; i) the gross mass of the goods and other calculation factors to determine the quantity of cargo of the consignment expressed in other forms; j) the claim for payment; k) indication that the consignment is subject, notwithstanding any clause to the contrary, to this Regulation; l) name and address of the railway operator who concluded the transport contract. (4) The use of a transport document other than the carriage letter is not permitted. (5) Only one letter of carriage must be drawn up for each consignment. If there is no contractual agreement between the consignor and the rail operator, one and the same carriage letter shall refer only to the load of a single wagon, an intermodal transport unit or a parcel dispatch. (6) However, with a single letter of carriage may be handed over to transport: a) indivisible and exceptional objects, the loading of which requires more than one wagon; b) goods loaded in several wagons, if the special provisions of traffic and tariffs allow it for the whole journey. In this case the group of wagons constitutes a separate expedition. The subsequent provisions given by the sender must not have the effect of parting the wagons handed over to transport with a single letter of carriage. (7) I cannot be handed over to transport with a single carriage letter: a) goods which, due to their nature, cannot be loaded jointly with other goods in the same carriage; b) goods admitted to transport under certain conditions, when their loading jointly with other goods is prohibited by RID-Apendice C at COTIF; c) goods whose joint charge would contravene the legal norms in force; d) the goods the loading of which is carried out by the rail operator with those whose loading is at the consignor (8) For expeditions running from lines with normal gauge on narrow-track lines and vice versa, the number of tracing letters is that determined by the number of normal gauge wagons. ((9) The working procedure and the responsibilities for the use of the electronic carriage letter shall be established by the Uniform Rules. " 41. In the Annex, Article 39 shall read as follows: "" ARTICLE 39 Liability for claims in the carriage letter ((. The Expeditor shall be responsible for all expenses and damages incurred by the railway operator for the following reasons: a) the entry by the consignor in the letter of carriage of incorrect, inaccurate, incomplete or inscribed terms elsewhere than in the place reserved for each of them; b) the omission by the sender of mentions provided by RID-Apendice C at COTIF. ((. For consignments loaded by the consignor, the particulars in the carriage letter relating to the mass of the goods or to the number of parcels shall not be proof against the railway operator except under the conditions of this Regulation. " 42. In the Annex, Article 40 shall read as follows: "" ARTICLE 40 Payment of the transport service (1) Transport rates, accessory tariffs, customs tariffs, additional tariffs and other charges arising from the moment of conclusion of the transport contract for the transport performance are paid by the sender, if there is no convention contrary between the consignor and the rail operator. (2) When on the basis of a convention between the sender and the railway operator the tariffs are charged to the consignee and when the consignee did not pick up the carriage letter or modify the transport contract, the sender remains obliged to pay the tariffs. (3) If the transport price cannot be fixed at the time of delivery of the goods to transport, the railway operator shall have the right to claim a security deposit of an amount representing approximately these expenses. The settlement with the sender is made after the release of the expedition to the destination station. ((. Payment to the rail operator shall be made, as appropriate: a) on the occasion of the conclusion of the b) to issue the expedition; c) periodically, by invoicing, when there is a convention in this regard. ((5) In the event of the delay in payment of the transport performance, the railway operator shall be entitled: a) to charge increases of delay, according to their own tariffs or conventions concluded; b) refuse to transport. ((. The expeditor or the consignee shall be obliged to pay the railway operator the sums paid by him at fault to the consignor or the consignee, representing fines imposed by the customs authority or other administrative authorities. 43. In the Annex, Article 42 shall read as follows: "" ARTICLE 42 Ramburse and deburies (1) The Expeditor may load his expedition with a cash on delivery up to a value equal to the value of the commodity. (. The amount of the refund shall be made available to the consignor within 30 days of his acquittal by the consignee. (3) If the goods have been released to the consignee without having received the refund in advance, the railway operator shall be obliged to pay the consignor the amount of the damage up to the maximum amount of the refund, keeping the right of action against Recipient. ((4) Descholarships shall be carried out for the execution of operations related to the transported goods. (5) Transport loaded with ramburse and debursaries shall be subject to charges. ((6) Rambraces and debursaries shall be admitted in accordance with the provisions of the uniform rules. 44. In the Annex, Article 43 shall read as follows: "" ARTICLE 43 Condition, packaging and marking of goods (1) When the nature of the goods, according to the regulations in force, requires that it be packaged, the sender must protect it so as to be safe from total or partial loss, as well as damage during transport and not be able to Damage to people, the environment, railway installations or other goods. The sender must use the packaging that meets the standards or other technical or legal norms in force. (2) When the goods presented for transport or its packaging show visible signs of deterioration or degradation, the railway operator may claim the consignor to take responsibility, making mention of that in the letter of Carriage. ((. The packaging shall be deemed sufficient if it is assessed that it protects the goods, from its handover to transport until the release of the consignee, the risks inherent in transport and the consequences thereof. ((4) If, taking into account the provisions of the preceding paragraphs, it is assessed that packaging is necessary, the railway operator may refuse the expedition even when the consignor acknowledges, under the signature in the letter of carriage, the missing, insufficient or poor packaging. (5) The Expeditor shall be responsible for the consequences of the lack, insufficiency or defective of the packaging, as indicated in the letter of carriage, including the hidden defects of the packaging. The consignor is obliged to repair the damage suffered by the railway operator because of that. ((6) The goods which by their nature do not require packaging shall be received in unpacked transport. The rail operator can claim that these unpackaged goods are presented to transport in larger handling units, namely links, packages, palettes, containers, a certain mass on the parcel and other ways that facilitate handling operations. (7) On the expeditions of fully covered wagons or intermodal transport units, the consignor must enter inside them the data identifying the expedition, corresponding to those in the carriage letter. (8) On parcel expeditions, the consignor is obliged to apply on each parcel identification labels or distinct external inscriptions, which cannot be deleted, fastened, which does not allow confusion and correspond to the data in the letter. of the carriage. Each parcel will have a number of orders, net and gross mass, as visible as possible. (9) On consignments of carriages or intermodal transport units, the consignor shall be obliged to apply on both sides thereof, in the specially established places, labels enabling the identification of the consignment. The rail operator can claim the use of typified labels, according to the uniform rules. (10) If special handling, storage and precautionary measures are necessary when transporting goods, depending on their nature, the consignor must affix suggestive labels indicating how the goods are handled and stored. The rail operator can claim the use of typified labels. (11) Colettes, palettes, intermodal transport units and wagons with undistant old labels or inscriptions shall not be received in transport. (12) The goods transported in bulk in the wagons discovered must be so marked or marked by the consignor that the removal from the contents is not possible without visible traces. ((13) The Expeditor shall be obliged to comply with the customs prescriptions or other administrative authorities relating to the packaging and to cover the goods. " 45. In the Annex, Article 44 shall read as follows: "" ARTICLE 44 Application of seals (1) The expeditor must apply its own seals to all the closing-opening systems which allow access inside the covered wagons, intermodal transport units, lid boxes, means covered with tarpaulins and other devices that are sealed, loaded with it. For the accompanied expeditions it is not mandatory to seal. ((2) The seals must be made and applied so as not to allow them to be replaced or to be raped without visible traces. (. The railway operator shall affix its seals whenever it considers that it is in its interest to execute the sealing. (4) The railway operator accepts only the seals applied by the sender which were approved by the Romanian Railway Authority-AFER. (5) The railway operator may refuse to transport expeditions whose seals applied by the sender or other bodies empowered by law are damaged or incorrectly applied. (6) The railway operator may accept the use by the consignor of special locks approved by the AFER. " 46. In the Annex, Article 45 shall read as follows: "" ARTICLE 45 Right of the rail operator to carry out checks (. The railway operator shall have the right to check, at any time of the transport contract, whether the transport conditions have been complied with and whether the consignment corresponds to the particulars entered in the carriage letter by the sender. When the verification relates to the content of the expedition, it shall be made, as far as possible, in the presence of the one in law If this is not possible, the verification is carried out in the presence of police bodies or an authorized specialist or two witnesses who are not employees of the rail transport operator. (2) If the expedition does not correspond to the particulars made in the carriage letter or if the provisions relating to the transport of goods admitted under certain conditions have not been complied with, the result of the verification must be mentioned on the tab of the letter of the carriage that accompanies the goods and the duplicate of the carriage letter, if it is still in the possession of the railway operator. In this case, the expenses incurred by the check encumbered the goods, if they were not paid immediately. ((3) Where it is found at the parcels, at the means of transport, at the seals, at the marking signs or at the goods traces of violation, loss, leakage, alterations, damage, substitutions, dilution, mass differences over legal tolerances, shall be verified contents of the expedition The sender or the consignee must be invited to check the contents of the expedition, as it takes place at the dispatch station, in the journey or at the destination station. If the guest does not present himself, the verification shall be made by the railway operator in the presence of the police bodies or an authorized specialist or two witnesses who are not employees of the rail transport operator. The result of the verification shall be recorded in a report. The expenses made with the verification shall be borne, as the case may be, by the sender or the consignee, unless the verification is made at the fault of the railway operator. (4) When the verification is found to be another mass, a different kind of commodity or elements which change the price of the transport performance, the railway operator shall have the right to recalculate the tariffs and to collect the differences. (5) The mass found by the railway operator remains decisive for the calculation of the price of the transport performance. (6) When, on the occasion of the checks, damage is found, it shall specify all the elements necessary for the calculation of compensation. 47. In the Annex, Article 46 shall read as follows: "" ARTICLE 46 Overloads (1) The quantity of goods exceeding the permissible loading limit according to the constructive characteristics of the wagon, respectively the permissible load on the axle or on the linear meter of the wagon shall be overloaded. Overload is also considered to exceed the loading limit of intermodal transport units, of the blades belonging to the rail operator or those belonging to the customers that the transport operator is handling. rail. ((2) The overload found in the dispatch station must be downloaded by the sender. ((. The overload found in the journey shall be discharged by the consignor or by the rail operator at the expense of the consignor. Unloaded overload is made available to the sender. (4) If the rightful one has the overload to be dispatched to the destination station of the main cargo, to another station of destination or to be returned to the dispatch station, it shall be treated as a separate expedition. " 48. In the Annex, Article 47 shall read as follows: "" ARTICLE 47 Additional tariffs (. The railway operator may charge additional charges for various shares or inactions of the consignor or the consignee, as the case may be: a) incorrect, inaccurate or incomplete declaration of goods accepted for transport; b) exceeding the loading limit, when the means of transport has been loaded by the sender; c) the non-payment of the means of transport after unloading or the non-payment of their movable parts at their place or the non-removal of labels and seals; d) false declaration of the mass of goods; e) other causes provided for in the railway operator's tariff. (2) No additional charges shall be levied where overloading has occurred due to atmospheric influences, if it is proved that the load did not exceed the loading limit at the time of delivery to transport. " 49. In the Annex, Article 48 shall read as follows: "" ARTICLE 48 Documents for administrative formalities (. The Expeditor must attach to the letter of carriage the documents necessary for the fulfilment of customs, tax, police, veterinary, phytosanitary or other administrative authorities, which must be fulfilled. before the release of the goods. These documents must refer only to the goods covered by the same carriage letter, if the rules of the administrative authorities do not have otherwise. (. If the consignor himself assists in carrying out the formalities required by the customs authorities or other administrative authorities or is represented by a trustee, it shall be sufficient for such documents to be presented on the occasion of their fulfilment. Those formalities. In this case the sender will enroll in the corresponding column in the letter of carriage who and where he performs the formalities. (3) The railway operator shall not be obliged to verify that the documents submitted are sufficient and accurate, except in the cases provided for in the regulations in force. ((. The Expeditor shall be responsible to the rail operator for any damage resulting from the lack, failure or inaccuracy of such documents and for failure to carry out the particulars in the carriage letter, unless the rail operator is at fault. (5) The rail transport operator shall be liable for the consequences of the incorrect loss or use of the documents referred to in the carriage letter and accompanying it or handed to it, unless the loss or damage the incorrect use of the documents was caused by circumstances that the rail operator could not avoid and the consequences of which could not prevent them. " 50. In the Annex, Article 49 shall read as follows: "" ARTICLE 49 Completion of administrative formalities (. In the course of transport, the formalities required by the customs or other bodies authorized by law shall be fulfilled by the railway operator without guaranteeing the payment of the customs duties. The railway operator may entrust this task to a trustee. (. In the performance of such formalities, the railway operator shall be responsible for his or her trustee. However, the possible compensation may not exceed that provided for in the case of loss of the goods. ((. The Expeditor, by a statement made in the letter of carriage, or the consignee, if he has the right to modify the transport contract, may ask: a) to assist himself in these formalities or to be represented by a trustee; b) carry out these formalities themselves or be satisfied by a trustee; c) to pay customs duties, other tariffs and expenses, when he assists, himself or his trustee, to formalities or meets them, under the law. Neither the sender nor the recipient, who have the right to their disposition, nor their trustee can take in the goods except under the law. ((4) If, in order to carry out the formalities required by the customs authorities or other administrative authorities, the consignor has designated a place where the prescriptions in force do not allow them to be fulfilled or if he has indicated for such formalities any another way of proceeding that cannot be executed, the railway operator shall proceed in the manner which it considers most favourable to the interests of the person in law and shall communicate to the consignor the measures taken. (5) If, within the period laid down in art. 59, at the station of destination in law did not meet the customs formalities and did not raise the letter of carriage, the expedition shall be considered prevented from release, proceeding according to this Regulation. (6) Expeditions arrived at the unscathed destination station shall be endorsed to the recipient and shall be at his disposal under the conditions of art. 51, until it obtains free customs, according to the law. For execution in the station of destination other administrative formalities shall be done similarly. ((7) The recipient shall bear full responsibility for the damage caused to the rail operator as a result of the failure to fulfil his obligations under customs regulations. " 51. In the Annex, Article 50 shall read as follows: "" ARTICLE 50 Deadline for the execution of the transport contract (. The freight forwarder and the rail operator shall agree on the time limit for the execution of the transport contract. In the absence of a convention the provisions below apply. The deadline for the execution of the transport contract shall run from 00,00 of the day following that of receipt of the goods to transport and shall be summed up: a) the term of dispatch, which is 24 hours; b) the term of transport for each indivisible fraction of 400 km, which is 48 hours; c) the additional 24-hour period which applies, once, for the crossing on the main lines on the secondary or narrow lines and vice versa; the main lines shall be published by the railway operator; d) other additional time limits laid down by the Uniform Rules ((. Distances shall be reported on the agreed itinerary, and in the absence thereof, on the shortest possible itinerary. ((3) The term of execution of the transport contract is extended, except in cases attributable to the railway operator, with the duration of the parking required for: a) verification of the expedition; b) the fulfilment of the formalities required by the customs or other administrative authorities; c) modification of the transport contract; d) special treatments to be granted to the goods; e) the transhipment or restoration of a load made defective by the sender; f) continuing transport by sea, inland waterway or by road, if there is no rail link; g) for other cases provided in the Uniform Rules; h) any interruption of traffic that temporarily prevents the commencement or continuation of transport, such as: natural calamities, railway events, fires, strikes and other exceptional situations. The cause and duration of these extensions must be mentioned by the railway operator in the carriage letter. If necessary, they can be proved by other means. (4) The deadline for the execution of the transport contract is suspended on Saturday, Sunday and on public holidays, when the railway operator does not work these days, if this fact has been made public and if it has not been foreseen otherwise in the transport contract. (5) When the time limit for the execution of the transport contract ends after the end time of the working hours of the rail transport operator at the destination station, the expiry of this period shall be postponed until the second hour is passed by the time the working hours are restarted and if not otherwise provided in the transport contract. (6) Within the period of execution of the transport contract, the expedition must arrive at the destination station and be endorsed to the consignee. For expeditions that cannot reach the destination station, as the recipient's unloading lines are inaccessible at fault, the term of execution of the transport contract ends with the recipient's endorsement of the stop. because of this transport in the process. In this case means of transport are available to customers under the conditions of art. 51. The duration of the parking must be mentioned by the railway operator in the carriage letter. If applicable, it can be proven by other means. (7) For consignments of parcels, perishable and living goods, and for other types of expeditions, other deadlines for the execution of the transport contract may be established by the Uniform Rules. " 52. In the Annex, Article 51 shall read as follows: "" ARTICLE 51 Tariffs for the use of the means of transport available to the customer (1) While the means of transport and requisites are available to the customer for loading, unloading, transhipment, arrangement of cargo, for the disposition of measures regarding the prevention of transport, prevention of release, execution Subsequent provisions, the execution of administrative operations, customs clearance, the railway operator has the right to charge usage rates. (2) For the means of transport and loading supplies belonging to foreign railway operators, charges of use may be charged, taking into account the rents established in international traffic. (3) The manner and conditions of application and perception of the tariffs of use shall be determined by the railway operator. (. If there is no contrary convention, the charges of use shall be paid by the sender or the consignee as the means of transport have been at their disposal. ((5) The records of the means of transport made available to customers for the calculation of the use tariff shall be kept by the railway operator. " 53. In the Annex, Article 52 shall read as follows: "" ARTICLE 52 Release of dispatch (. The following shall be understood by the release of the consignment to the destination: a) handing over loaded goods in the means of transport, in compliance with the provisions of this Regulation, or of the railway vehicle running on its own b) payment of claims arising from the transport contract; c) the remission of the letter of carriage of the recipient. (2) The release of the expedition to the destination shall be made on the basis of the recipient's signature. (3) They are assimilated to the release of the expedition to their destination, when carried out according to the a) handing over the goods to the customs or tax authorities, in their warehouses, when they are not found under the guard of the rail transport operator; b) warehousing at the railway operator of the goods or storage to expeditioners, commissions or in a public warehouse. (4) By conventions the railway operator shall establish together with the consignee the place and conditions of delivery-receipt of the expedition. (5) After arrival at the destination station, the consignee may ask the railway operator to remit his carriage letter and to release his expedition. If the loss of the goods is found or if the goods have not arrived at the expiry of the term of execution of the transport contract, the consignee may make use of his own name, from the railway operator, the rights deriving from provisions of the transport contract. (6) The recipient must fully discharge the means of transport, clean them of any debris coming from unloaded goods, remove the old seals and labels, close the doors and keys, mount the movable parts of the wagons. before handing them over to the rail operator. The rail operator can do these operations at the expense of the recipient. (7) If a part of the goods referred to in the carriage letter is missing or the goods damaged upon release are the total amounts resulting from the letter of carriage must be paid. The recipient has the right to advertise the refund of tariffs on undelivered goods. (8) The railway operator shall have on the goods transported the rights of a Gajist creditor for the totality of the claims due to the execution of that transport, as well as for claims arising from previous transport. These rights shall remain as long as the goods are found in the possession of the railway operator or a third person holding it on his behalf. " 54. In the Annex, Article 53 shall read as follows: "" ARTICLE 53 Finding of loss or damage to the commodity (1) When a partial loss or damage is discovered or presumed by the railway operator or when it is supported by evidence by the rightful one, who invokes it, it must be drawn up without delay and, if possible, in the presence of the one entitled a minutes by which the state of the goods is found, the mass and, as far as possible, the size of the damage, its cause and the moment when it occurred. A copy of this report must be handed out free of charge to the rightful one. (2) When the rightful one does not accept the findings from the minutes, he may request that the condition and mass of the goods, as well as the cause and value of the damage be found by an expert or a specialist appointed by the parties or by a designated expert on the way Court. (3) The rightful one may, without making any evidence, consider the goods as lost when the expedition has not been released to the consignee or has not been made available to him within 30 days following the deadline for the execution of the transport contract. (4) The total losses discovered or invoked shall be investigated by the railway operator, the result of the investigations being communicated to those concerned. (5) If the entitled has received the payment of compensation for the lost goods, he may ask to be informed immediately if the goods are found, but no later than 12 months after the date of receipt of the compensation. (6) Within 30 days from the receipt of the notice of finding the goods, the entitled one may require that the goods be delivered to him, without expenses, either at the dispatch station or at the destination station provided for in the carriage letter, in exchange for the restitution of the compensation it has received and subject to the granting of all rights arising from the late release of the goods. (7) When the deadlines provided in par. ((3), (5) and (6) are not complied with, the railway operator may dispose of the goods either by use in self-interest or by recovery according to the legal provisions. ((8) Amounts obtained from the valorization of goods according to (7) shall be made by the railway operator. " 55. In the Annex, Article 54 shall read as follows: "" ARTICLE 54 Rectifying receipts (1) In case of misapplication of a tariff or by mistake of calculation when collecting the tariffs, what has not been collected must be paid and what has been collected in addition must be returned. (2) The unearned amount shall be paid to the railway operator by the one who has the obligation to pay, according to the transport contract. (3) For the amounts due under this Article, a late payment of late payment shall be delayed for payment or on the day of the complaint or, if there has been no delay or no complaint, of the day Call to court. The amounts collected at minus from the fault of the employees of the railway transport operators will be paid by the customer who made the initial payment, without interest. If the rightful one does not provide the railway operator with the necessary supporting documents for the definitive treatment of the complaint, within an acceptable period which has been fixed, the interest shall not flow from the expiry of the period fixed until actual presentation of the documents. " 56. In the Annex, Article 55 shall read as follows: "" ARTICLE 55 Modification of the transport contract by the sender ((. The Expeditor may modify the transport contract by subsequent provisions, indicating: a) the withdrawal of the goods at the dispatch station; b) stop the goods in the process; c) postponement of the release of goods d) the release of the goods to a person other than the consignee entered in the carriage letter e) release of the goods at a station other than the destination station entered in the carriage letter; f) return of the goods to the dispatch station. (2) The railway operator may extend the consignor's right to change the transport contract by: a) establishment of a cash b) increase, decrease or cancellation of a cash delivery; c) taking over in charge of the tariffs of an unfranchised expedition or the increase of those taken in its charge. (3) In no case should the provisions of the sender have the effect of splitting the expedition. (4) These provisions must be made by a declaration in the form provided for by the Uniform Rules. The terms of the declaration must be made and signed by the consignor on the duplicate of the carriage letter to be submitted to the railway operator. Any provision given in a form other than that provided for is null and void. (5) When the railway operator gives course to the sender's provisions without requiring the presentation of the duplicate, it shall be liable to the customer for the damage that would result from that cause. The compensation must not exceed the compensation provided for in the case of loss of the goods. (6) The right of the sender to modify the transport contract, even if it is in possession of the duplicate of the carriage letter, shall be extinguished if the expedition has been issued to the consignee or the recipient has capitalized on the rights provided for in para. ((7) of art. 52 52. " 57. In the Annex, Article 56 shall read as follows: "" ARTICLE 56 Modification of the transport contract by the recipient (. Where the consignor has not been charged with the transport tariffs and has not made in the letter of carriage the words "unauthorised consignee to give further provisions", the addressee may, by subsequent provisions, amend the contract of transport, indicating: a) stop the goods in the process; b) postponement of the release of goods c) issue of the goods in the station of destination to a person other than the consignee entered in the carriage d) the way of carrying out customs formalities or other administrative authorities. (. These provisions must be made by a declaration in the form provided for by the Uniform Rules. The entries in the declaration must be made and signed by the consignee on the duplicate of the carriage letter to be submitted to the railway operator. Any provision given in a form other than that provided for is null and void. The right of the addressee to amend the transport contract shall be extinguished if: a) raised the letter of carriage; b) accepted the goods; c) has capitalized on its rights in accordance with par. ((5) of art. 52 52; d) indicated a person and he raised the letter of carriage or capitalized on his right, in accordance with the provisions of par. ((5) of art. 52. (. If the consignee has ordered the goods to be released to another person, he shall not be authorized to modify the transport contract. " 58. In the Annex, Article 57 shall read as follows: "" ARTICLE 57 Execution of further (. The railway operator shall not refuse to carry out the subsequent provisions given by the consignor or the consignee, nor shall it delay its execution, unless: a) the execution is no longer possible when the provisions arrive at the station which must execute them; b) the execution is likely to disrupt the scheduled service of exploitation; c) execution is contrary to the normative acts in force; d) the value of the goods, when it comes to a change of the destination station, does not cover, after the assessment of the railway operator, the tariffs that will strike the goods upon arrival at the new destination, unless these tariffs are paid or their payment shall be guaranteed immediately; e) the payment of the transport performance is made through a third party and he has not given his acceptance in writing. (2) The one who has made provisions shall be notified as soon as possible of the obstacles opposing their execution. When the rail operator is unable to provide for these obstacles, the operator who has given the provisions shall bear all the consequences resulting from the commencement of their execution. ((. The charges and expenses arising from the performance of a provision, with the exception of those resulting from the fault of the railway operator, shall be paid by the consignor or the consignee in accordance with the entry for braking. (. The railway operator shall be liable, if he is guilty, of the consequences of the failure to execute or the inaccurate execution of a provision. The possible compensation must never be greater than that provided for in the event of a loss of the commodity. (5) Transport rates shall be calculated on the distances actually covered as a result of the execution of the subsequent provision. The applicable tariffs are those in force on each of these courses. The above provisions are applicable by analogy to the tariffs of accessories and other expenses, which occur as a result of the execution of the subsequent provision. " 59. In the Annex, Article 58 shall read as follows: "" ARTICLE 58 Preventing transport (1) It is prevented to transport the fact that the start or continuation of transport is prevented or is no longer possible on the intended itinerary. Natural calamities, such as floods, snow and other natural phenomena, can be prevented from transport, which can stop transport, disruption in service, such as: derailments, accidents and other similar events in the the cause of which the transport stops in the process, the seizure of the goods, the lack of accompanying documents for the fulfilment of customs or administrative formalities, strikes and other similar cases. ((. In the event of a trip to transport, the rail operator may decide: a) to carry goods ex officio, amending the itinerary, in which case it does not charge additional tariffs from the sender for the modification of the itinerary b) to request instructions from the sender, communicating to him the useful information available to him, in order for him to decide. ((3) In addition to the case in which the railway operator is at fault, he may charge the transport tariff applicable on the itinerary actually completed and may modify the deadline for the execution of the transport contract corresponding to this itinerary for the situations provided in par. ((2) lit. b). (4) If the continuation of transport is not possible, the railway operator shall request instructions from the sender. (5) If the instructions received modify the consignee or the destination station or are given to the station where the goods are found, the sender must register them on the duplicate of the carriage letter and present this duplicate to the carrier rail. (6) When the railway operator gives course to the instructions received without claiming the presentation of the duplicate of the carriage letter, it shall be liable for the damage resulting therefrom. The eventual compensation must never exceed that provided for the loss of the goods. (7) If the sender, notified of a trip to transport, does not give within 72 hours executable instructions, the railway operator shall proceed according to the provisions of art. 59. (8) When preventing transport ceases prior to the arrival of the instructions, the goods are guided to his destination, without waiting for instructions, the sender being notified about it in the shortest possible time. (9) When the transport trip is prevented after the consignee has changed the transport contract, the rail operator must notify the consignee about that consignee. The provisions of the previous articles shall apply accordingly. ((10) In addition to the case in which the rail operator is guilty, he may, in the event of a trip to transport, charge the tariff for the use of the means of transport. " 60. In the Annex, Article 59 shall read as follows: "" ARTICLE 59 Prevention of release (. If, within 120 hours after the time of approval, the consignee refuses to receive the dispatch, he cannot be found, he does not pick up the letter of carriage or the expedition cannot be released from other causes, such as: seizure, court decisions, goods encumbered by unadmitted cash on delivery or other similar situations. (2) After the deadline provided in par. ((7) of art. 58 the transport prevention will be treated according to the provisions of this article. (3) In the event of prevention of release, the railway operator must notify the sender without delay, in order to ask him for instructions. (. When the release is prevented before the arrival of the sender instructions at the destination station, the consignment shall be issued to the consignee. The sender must be notified of it without delay. (5) If the consignee refuses the goods, the consignor has the right to give instructions, even if he cannot present the duplicate of the carriage letter. (6) The Expeditor may also request, by way of reference in the letter of carriage, that the goods be returned to him ex officio, if an obstacle to release arises. Apart from this case, consent or written consent is required. (7) If the goods were prevented from release and were sold in accordance with the legal provisions, then the amount obtained after the decrease in the transport price encumbering the goods and the expenses occasioned by the recovery must be held to Sender If the amount is less than this, the sender must pay the difference. (8) If the prevention of release arises after the consignee has changed the transport contract, the railway operator must notify the consignee about this trip. (9) Under no circumstances shall the consignor return without his written consent. " 61. In the Annex, Article 60 shall read as follows: "" ARTICLE 60 Responsibilities (1) The railway operator shall be liable for damage resulting from the total or partial loss and damage of the goods arising from the time of the conclusion of the transport contract until the release of the consignment, and for the damage resulting from exceeding the deadline for the execution of the transport contract. (2) When the railway operator has weighed the goods, he shall be responsible for the quantity found on his scales, within the limits of the tolerances laid down in art. 61 61 para. ((3) lit. b). (3) The railway operator has the right to prove that in reality he has received less from the consignor or that the goods arrived at the destination correspond to the net mass or to the specifications in the delivery documents or the carriage letter. (4) The railway operator shall not be liable for the quantitative deprivation until proven otherwise, if the means of closed transport has reached its destination without traces of rape, evading, leakage, damage and intact seals, and the goods loaded in the middle of open transport, with signs or markings intact. " 62. In the Annex, Article 61 shall read as follows: "" ARTICLE 61 Extent of liability (1) The burden of proof that damage to the goods occurred during transport and at fault of the railway operator returns to the advertising operator. (2) If, however, the parcel or means of transport has been violated along the way or bears traces of violation or the markings on the goods transported in an open means of transport also bear traces of violation, it is assumed, until evidence to the contrary, that the goods were damaged at the fault of the railway operator. (3) The railway operator shall be exempt from the liability provided for in art. 60 60 para. ((1) if: a) the loss, damage or exceeding of the term of the transport contract had as a cause a fault of the customer, a provision of it that did not result from a fault of the railway operator, a vice of own of the goods, such as: previous deterioration, loss of mass or quality and similar or other circumstances which cannot be attributed to the railway operator; b) there is a difference between the scales used on the receipt of the goods for transport and the one used for the release to the recipient, when the lack is obvious non-fault, is due to the sender or within the tolerance of +/-2%. (4) The railway operator shall be exempt from the liability provided for in art. 60 60 para. (1) and if the loss, damage of the goods or exceeding the term of the transport contract is caused by the fault of the customer, in the following cases: a) natural causes inherent in transport in open vehicles, or covered with tarps, in accordance with the applicable provisions or agreements concluded between the consignor and the railway operator and referred to in the carriage letter; b) the lack or packaging of goods which, by their nature, are exposed to loss of mass or damage, if not packed or improperly packed; c) the loading, transhipment/tapping or unloading operations carried out by the consignor or the consignee; d) fulfilment by the sender, consignee, customs commission or other trustee of the formalities required by the customs authorities or by other administrative authorities; e) due to inherent causes itself to the nature of the goods, to the total or partial loss and to damage, especially by bursting, rusting, internal and spontaneous damage, drying, spreading, natural decrease of mass; f) incorrect, inaccurate or incomplete declaration of goods excluded from transport or admitted under certain conditions or non-compliance by the sender with the measures established for the goods admitted under certain conditions; g) transport which, according to the applicable provisions or agreements concluded between the consignor and the railway operator and referred to in the carriage letter, must be carried out with the attendant, if the loss or damage results from a risk that the accompanying was intended to avoid; h) the transport of live animals or birds. (. The railway operator shall have the same responsibility as for open vehicles without tarpaulin and when transporting in such vehicles goods which, in accordance with the applicable provisions, shall not be transported in open vehicles. (6) Proof that the loss, decrease in mass, damage or exceeding the deadline for the execution of the transport contract are due to the cases provided in par. (4) falls to the railway operator. (7) The customer retains the right to prove that the damage, in whole or in part, did not have as a cause one of the risks provided in par. ((4). (8) For goods which, due to their nature, normally suffer a loss from the mass during transport, the railway operator shall not respond, whatever the course of the journey, than that part of the absence exceeding the tolerances. set out below: a) 2% of the mass for liquid goods or handed over to transport in a wet state; b) 1% of the mass for dry goods. (9) Limitation of the liability provided in par. ((8) cannot be relied upon if proof is furnished, after the fact, that the loss does not result from the cases justifying the tolerance. (10) Where several parcels are carried with a single carriage letter, the mass loss during transport shall be calculated for each parcel, if its mass, in surrender, has been indicated separately in the carriage letter or if can be found in another way. (11) In the event of a total loss of the goods, no decrease shall be made in the calculation of the compensation for loss of mass during transport. " 63. In the Annex, Article 62 shall read as follows: "" ARTICLE 62 Liability in case of reshipment and presumption of loss of commodity (1) The reshipment shall mean the operation by which, by written request, the consignee requests, after the release of the expedition, the conclusion of a new transport contract which has as its object the same expedition and in which he becomes a consignor. (. The terms and conditions of the reshipment shall be determined by the railway operator. (3) The marfa subject to the expedition remains loaded in the same wagon, with the same safety markings and seals. (4) When a shipment handed over in accordance with this Regulation was subject to a reshipment subject to the same rules and when a partial loss or damage is ascertained after this reshipment, there is a presumption that it occurred in the course of the execution of the last transport contract, if the transport remained in the guard of the rail transport operator and was redispatched in the same state as it arrived at the redispatch station. (5) The customer may, without having to make other evidence, consider the commodity as lost when it has not been released to its recipient as being held at its disposal, within the 30 days following the fulfillment of the terms of the contract of transport. (6) The customer, receiving the payment of compensation for the lost goods, may ask in writing to be notified without delay if the goods are found in the course of one year after the payment of the compensation. In the case of the application, the railway operator shall issue written proof. (7) Within 30 days from the receipt of the notice the customer may claim to be released, at one of the stations along the way, the lost goods. In this case he must pay the tariffs related to the transport from the dispatch station to the one where the release takes place and refund the compensation received, from which the tariffs that were contained in this compensation will be deducted. However, he retains his rights to compensation, in order to exceed the terms of the transport contract provided for in art. 63. (8) In the absence of either the request provided in par. ((6), or of the instructions given within the period provided in par. (7) or if the goods are found after more than one year from the date of compensation, the railway operator will dispose of the goods either by use in their own interest or by recovery, according to the legal provisions. " 64. In the Annex, Article 63 shall read as follows: "" ARTICLE 63 Compensation (1) The railway operator is obliged to pay compensation for the total or partial loss, damage of the goods or exceeding the deadline for the execution of the transport contract. When undue tariffs are collected, the rail transport operator is obliged to refund them. (2) In the event of a total or partial loss of the goods, the railway operator must pay, excluding other damages, a compensation calculated after the invoice or after the current price of the goods, and in the absence thereof, after the price of the goods of the same nature and quality, at the place and the date on which the goods were received on transport. The compensation may not exceed the value per kilogram gross of missing goods, established by the Uniform Rules. In addition, the railway operator must return the transport tariff, the customs duties and the other amounts paid by the customer on the occasion of the transport of the lost goods. (3) The railway operator must also pay an indemnity equivalent to damage to the goods, without any other damages. The amount is calculated by applying to the value of the goods established according to (2) the percentage of damage found. Compensation may not exceed: a) if the goods are fully damaged, the amount to which would have been reached in the event of a total loss; b) if only part of the goods is damaged, the amount to which would have been reached in case of loss of the damaged part. The railway operator must pay back, in addition, in the proportion determined by the percentage of damage, the tariffs provided in par. ((2). ((4) In case of exceeding the deadline for the execution of the transport contract, the railway operator is obliged to pay 2% of the transport tariff for each day of delay, without the total amount being able to exceed half of the tariff Transport. If proof is made that an injury has resulted due to the delay, a compensation will be paid for it that cannot exceed the transport tariff. Compensation for exceeding the deadline for the execution of the transport contract cannot be cumulated with those to be paid in the event of a total or partial loss of the goods. In case of partial loss, they will be paid, if applicable, only for unlost goods. The compensation for exceeding the deadline for the execution of the transport contract, in case of damage, shall be cumulated, if applicable, with the compensation provided in par. ((3). Only exceeding the total period of execution of the transport contract gives the right to compensation. The railway operator may establish with its customers other ways of compensation for exceeding the deadline for the execution of the transport contract. (5) The railway operator shall be subject to forfeiture of the right to invoke the limits of responsibility provided for in this Article, if it has been proven that the damage resulted from a fact committed by him with the intention of causing such a injury. ((6) In the event of a declaration of interest on release, apart from the compensation provided for in this Article, a compensation may be required for the additional damage proven up to the competition of the amount declared. (7) The customer may ask for interest on compensation, calculated at the level established by the railway transport tariff, starting with the day of registration of the administrative complaint provided in art. 65. If the customer does not present to the railway operator, within a convenient period which is fixed to him, the supporting documents necessary for the final liquidation of the complaint, the interest shall not flow between the expiry of the fixed term actual presentation of the documents. " 65. in the Annex, Article 64 shall be repealed. 66. In the Annex, Article 65 shall read as follows: "" ARTICLE 65 Administrative complaints (. In all cases where this Regulation applies, any liability action, with any title, may be exercised against the rail operator only under the conditions and limits of this Regulation. ((2) The same regulations shall also apply for any action exercised against agents and other persons for whom the railway operator responds according to art. 3. (3) The administrative complaints resulting from the transport contract of the goods are mandatory and must be addressed to the railway operator, in writing, within 3 months from the date of conclusion of the transport contract, according to art. 37 37 para. ((2). The complaint shall be filed separately for each consignment. (4) The right to advertise belongs to the person who has the right to act the railway operator, according to the provisions of art. 66. (5) In the case of freight forwarding, for compensation for loss or damage, when the complaint is made by the sender, it must present the duplicate of the carriage letter. When it is made by the recipient, it must present the unique carriage letter. (6) The claimant is obliged to file, with the complaint and the corresponding copy of the letter of carriage, and the other supporting documents, necessary to justify the merits of the complaint, including those of finding the damage, in original or in Certified children. The value sample, as a rule, is done with the purchase invoice. (7) At the time of the settlement of the complaint, the railway operator will ask to present, in original, the sole of the carriage letter or, as the case may be, the duplicate, in order to mention on him how the complaint was settled. ((8) The complaints must be reasoned. (9) In the case of refunds on freight forwarding, the rightful one must attach to his application for a refund the letter of carriage, other documents likely to justify its merits and, in particular, the justification and the estimate of expenditure. The entitled must attach to his claim for damages for loss or damage all documents likely to justify its merits and to sample the value of the goods, in particular with the purchase invoice, valid on the date of conclusion transport contract. (10) Complaints regarding freight forwarding, presented by persons other than those entitled according to the provisions of art. 66 66, shall not be taken into account unless they are accompanied by a legalized power of attorney, whereby the rightful one consents that the amount of payment should be paid to the plaintiff. " 67. In the Annex, Article 66 shall read as follows: "" ARTICLE 66 Persons who may exercise the right to action against the rail transport operator (1) The legal action against the railway operator, which is born of the transport contract, belongs to the person who possesses the letter of carriage or who, in the absence of it, proves his right in another way. ((2) The action to refund an amount paid under the transport contract belongs only to the one who made this payment. ((3) The action relating to the repayments provided for in this Regulation belongs only to the (4) The other actions against the railway operator, which derive from the transport contract, belong to: a) the sender, as long as he has the right to modify the transport contract; b) to the consignee, from the moment either that he received the letter of carriage, or that he has capitalized on the rights belonging to him. (5) In order to exercise these actions, the sender must present the duplicate of the carriage letter. In the absence of duplication, the railway operator may not act unless the consignee has authorised it or if it proves that the consignee has refused the goods. (6) In order to exercise its shares, the consignee must submit the letter of carriage if it has been handed over to him. " 68. In the Annex, Article 67 shall read as follows: "" ARTICLE 67 Railway operators who can be sued ((1) The legal action for the refund of an amount paid under the transport contract may be exercised against the railway operator who has collected this amount or against the one for whose benefit it has been collected. ((2) The legal action, relating to cash on delivery, can only be exercised against the rail transport operator from dispatch. ((3) The other legal actions, which arise from the transport contract, may be exercised against the rail transport operator from the dispatch, against the rail transport operator at its destination or against the operator of rail transport during which the fact which gave rise to the action occurred. The rail transport operator at the destination can be sued even if it has not received either the goods or the carriage letter. (4) In the situations provided in par. ((3), if the applicant has to choose between several rail operators, his right of option shall be extinguished as soon as the action has been brought against one of them. ((5) The legal action may be exercised against another transport operator in the cases referred to in par. ((1)-(3), when it is made in court, by way of a counterclaim or an exception, in connection with the same transport contract. " 69. In the Annex, Article 68 shall read as follows: "" ARTICLE 68 Extinguishing the right to action against the rail transport operator (1) The acceptance without objection of the goods by the customer shall extinguish any right to action arising from the transport contract against the railway operator, in case of partial loss, damage to the goods or exceeding the term of execution of the transport contract. (. If there are objections, the right to action shall not be extinguished in the following cases: a) in the event of partial losses or damage to the goods, if: 1. the loss or damage of the goods was found before the one entitled to have received the goods, in accordance with the provisions of art. 60 60; 2. the finding that had to be made in accordance with art. 53 was omitted only from the fault of the railway operator; b) in case of complaint for non-apparent damage the existence of which is ascertained after receipt of the goods by the entitled one, if: 1. requires the finding in accordance with the provisions of art. 53 53, as soon as he discovered the damage and at the latest in 5 days from the acceptance of the goods; 2. proves, in addition, that the damage occurred in the interval between the conclusion of the transport contract and the issuance of the expedition; c) in case of exceeding the deadline for the execution of the transport contract on freight forwarding, if the right one, within 60 days from the date of conclusion of the execution of this contract, has capitalized on its rights to one of the operators of railway transport indicated in art. 67 67 para. ((3); d) if it is proved that the damage has as a cause a serious dol or fault attributable to the railway operator or the infrastructure manager/manager, as the case may be. (3) If the goods have been redispatched in accordance with the provisions of art. 62 62 para. ((1), the shares in the event of partial loss or damage arising from one of the previous transport contracts shall be extinguished, as if they were a single contract. " 70. In the Annex, Article 69 shall read as follows: "" ARTICLE 69 Prescription of the right of action on freight forwarding ((1) The right to action arising from the transport contract shall be prescribed within one year. (2) However, the prescription is 2 years in respect of the action: a) for the payment of a refund received by the rail operator from the consignee; b) for the payment of a rest from the price of a sale made by the railway operator; c) based on a damage resulting from an action or omission committed either with the intention of causing a damage, or having the representation that such damage could result and accepting its production; d) based on one of the transport contracts prior to the reshipment, in the case provided for in art. 62 62 para. ((1); e) for the recovery of the transport price or parts of the transport price, as well as for the refund of amounts collected in addition by the railway operator. (3) Prescription flows for the action: a) in damages for the total loss, from the 30th day following the expiration of the deadline for the execution of the transport contract; b) in damages for the partial loss, damage of the goods or exceeding the term of execution of the transport contract, from the day on which the release of the expedition took place; c) in all other cases, from the day on which the right can be exercised. The day indicated that the starting point of the prescription is not contained within the deadline. If a deadline must end on a Saturday, Sunday or on a public holiday, its expiration is extended until the first working day following. (4) In case of administrative complaint, formulated in accordance with the provisions of art. 65, addressed to the railway operator, the prescription is suspended until its resolution, but not more than 3 months from the date of its introduction. In case of partial acceptance of the complaint, the prescription restarts to run for the part of the complaint that remains in dispute. Proof of receipt of the complaint or of the reply, as well as that of the refund of the documents, shall be the responsibility of the parties Subsequent complaints having the same object do not suspend the prescription. ((5) The prescribed action can no longer be exercised even by way of a counterclaim or an exception. " 71. In the Annex, Article 70 shall read as follows: "" ARTICLE 70 Successive railway operators (. Two or more rail operators may agree to carry out one and the same consignment under the same transport contract under this Regulation. (2) Rail transport operators carrying out a transport contract, under the conditions specified in par. (1), are referred to as successive railway operators. ((3) The procedure for concluding and carrying out transport contracts shall be established by means of agreements concluded between successive railway operators. " 72. In the Annex, Article 71 shall read as follows: "" ARTICLE 71 The statement between the successive railway operators (1) When a consignment covered by a single transport contract is carried out by several successive railway operators, each railway operator taking charge of the consignment takes part in the transport contract according to the provisions of the letter of carriage and assume the obligations arising therefrom. In this case, each successive railway operator shall be responsible for the execution of the consignment during the whole period until the dispatch has been issued. ((2) Any successive railway operator who has received either the dispatch or the destination of the tariffs or other claims resulting from the transport contract or which should have collected these tariffs or other claims must be made pay the interested party rail operators the part that returns them. The payment methods shall be determined by means of conventions concluded between the successive railway operators. ' 73. In the Annex, Article 72 shall read as follows: "" ARTICLE 72 Right of setback (. The railway operator who has paid a compensation under this Regulation shall have the right of retrogression against the successive railway operators who have participated in the transport, in accordance with the following provisions: a) the railway operator who caused the damage is solely responsible for it; b) when the damage was caused by several successive rail transport operators, each of them answers for the damage it caused; if differentiation is impossible, the compensation is apportioned among themselves, according to the the provisions of c); c) if it cannot be proven which of the railway operators caused the damage, the compensation is distributed among all the railway operators who participated in the transport, except those who prove that the damage was not caused of them. The distribution is made in proportion to their share of the price of the transport performance. (2) In case of insolvency of a successive railway operator, the party returning to it, according to par. ((1) lit. c), and is not paid by it is distributed among all other successive railway operators who have participated in the transport, in proportion to the part of the price of the transport performance that lies with each of them. ((3) Rail operators may agree between them provisions derogating from this Article. " 74. In the Annex, Article 73 shall read as follows: "" ARTICLE 73 Procedure for action in setback ((1) The validity of the payment made by the railway operator exercising one of the actions in the regression referred to in art. 72 72 cannot be challenged by the railway operator against whom the action is exercised in retrogression, when the compensation was established by a judicial authority and when this last railway operator was given the opportunity to intervene in the process. The judge referred to the main proceedings shall set the time limits for notification and intervention. (2) The railway operator exercising its right of retrogression against all rail operators with which it has not agreed must make a single application for appeal to one and the same court, under the sanction of losing his right of regression against those he did not include in this application. (3) The judge must rule by one and the same judgment on all the heads of application with which he is notified. ((4) The application for appeal may be brought to the court of the head office of any of the railway operators or from the premises of the agencies or branches thereof. " 75. In the Annex, Article 75 shall read as follows: "" ARTICLE 75 Transport of messaging (1) The transport of the messaging on the Romanian railways is made in special wagons, by the companies that are in the object of activity the transport of the messaging on the Romanian railways. (2) Special wagons for the transport of messaging shall be attached to trains in circulation of rail freight or passenger operators. ((3) The atasation of wagons to passenger trains shall be made on the basis of a contract, concluded between the commercial company and the passenger rail operator. (4) The uniform rules will set out the minimum conditions for the deployment of messaging activity, the obligations of messaging operators and customers. " 76. In the Annex, Article 77 shall read as follows: "" ARTICLE 77 Contraventions The amount of contraventions committed by natural and legal persons and provided for in this Regulation shall be established by Government decision. " 77. In the annex to the Romanian Railways Transport Regulation, item 2 will read as follows: "2. customer-the natural or legal person who dispatches or receives the goods is a party to the transport contract or who adheres to this contract;". 78. In the Annex to the Transport Regulation on the railways of Romania, after point 7, a new point is inserted, point 7 ^ 1, with the following contents: "" 7 ^ 1. goods-goods and goods that are transported by rail; '. 79. In the annex to the Romanian Railways Transport Regulation, paragraph 11 will read as follows: "" 11. rail transport tariff-regulation issued by the rail operator comprising, where applicable, tariff principles, tariff provisions, conditions of application, tariff distances, classification of goods or other information necessary for charging; '. 80. In the Annex to the Transport Regulation on the railways of Romania, after paragraph 11, a new point is inserted, paragraph 11 ^ 1, with the following contents: "" 11 ^ 1. Additional tariff-rate charged for situations where the claims made by the customer, under the terms of this Regulation, are not in conformity with the reality and the rail operator shall prove that fact; '. + Article II Government Ordinance no. 7/2005 for the approval of the Transport Regulation on the railways in Romania, as amended and supplemented by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, April 27, 2006. No. 110. __________

Law No. 110 Of 27 April 2006 On The Approval Of The Government Ordinance. 7/2005 Approving The Railways Transport From Romania

Original Language Title: ﻿ LEGE nr. 110 din 27 aprilie 2006 privind aprobarea Ordonanţei Guvernului nr. 7/2005 pentru aprobarea Regulamentului de transport pe căile ferate din România

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Original Language Title: LEGE nr. 110 din 27 aprilie 2006 privind aprobarea Ordonanţei Guvernului nr. 7/2005 pentru aprobarea Regulamentului de transport pe căile ferate din România