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Chapter 1 General Provisions
Article 1 In order to protect the legitimate rights and interests of the parties involved in the transportation of motor vehicles, the rights, obligations and responsibilities of the carriers, shippers, consignees and other parties concerned shall be clearly defined, and the order of normal road cargo transportation shall be maintained. These shall be formulated in accordance with the relevant laws and regulations of the State. This rule.
Article 2 These rules shall be complied with in the activities involving the transportation of commercial motor vehicles within the territory of the People's Republic of China and the related cargo handling and loading and unloading of automobile goods and other services.
Except as otherwise provided in laws and regulations, this regulation applies to the transport of goods by automobile transport and other modes of transport. If tractors and other motor vehicles or non-motor vehicles are engaged in the transportation of goods, this rule may be implemented.
Article 3 The meaning of the following terms in this rule:
(1) Carrier means an operator who uses a motor vehicle to carry out cargo transportation and enters into a cargo transportation contract with the shipper.
(2) The shipper refers to the entity or individual that enters into a contract for the carriage of goods with the carrier.
(3) The consignee refers to the unit and individual that the shipper has specified to take out the goods in the contract for the carriage of goods.
(4) The agent of cargo transportation (hereinafter referred to as the freight agent) refers to the operator who contracts the goods on his own behalf and enters into contract for the carriage of goods with the shipper and the carrier respectively.
(5) Station operator refers to the operator who engages in the business of storage, storage, packing, handling and handling of goods within the scope of the station or field.
(6) The time limit for transportation is the specific time for the goods agreed upon by both sides to be shipped and arrived at the destination. For the term of the contracted transportation, from the date of shipment, 200 kilometers is used as the distance of transportation on the 1st day, and daily transportation distance is calculated by using the transportation mileage to calculate the transportation period.
(7) The carrier responsibility period refers to the total time from the time the carrier accepts the goods until the delivery of the goods to the consignee (including transfer to the relevant department in accordance with the relevant regulations of the country) and the goods are under the control of the carrier. This article does not affect the agreement reached between the carrier and the shipper regarding the responsibilities of the goods before loading and unloading.
(8) Transport handling refers to the operation of loading and unloading vehicles with goods or machinery at both ends of the cargo transportation and transporting them to a certain position. The manual transport distance should not exceed 200 meters, and the mechanical transport should not exceed 400 meters (except for the transportation of goods in stations and field operation areas).
Chapter II Basic Conditions for Transportation
Section 1 Carriers, Shippers and Transport Vehicles
Article 4 The carrier, the shipper, and the freight forwarding agent shall abide by the laws of the State and the relevant transportation laws and administrative regulations when signing and performing the contract for the carriage of motor vehicles.
Article 5 According to the needs of the goods to be carried, the carrier shall provide vehicles with good technical conditions and economical suitability according to the different characteristics of the goods and meet the requirements for the weight of the goods shipped. The used vehicles and containers should be clean in appearance, clean and free of contaminants and residues in the body and containers.
Article 6 Vehicles carrying special goods and container transport vehicles shall be equipped with special devices or special equipment that meet the requirements for transport.
Section II Transport Category
Article 7 If the shipper charges less than 3 tons of consignment weight, it shall be transported as zero-load goods.
Article 8 The consignor shall pay more than 3 tons of billing weight or less than 3 tons of consignment at one time, but the nature, volume and shape of the consignor shall be transported by a single vehicle for the purpose of transporting the entire batch of goods.
Article 9 For large-size or special-purpose vehicles, which are required for the volume and weight of the goods, they are large, bulky and bulky articles.
Article 10 Containers shall be used as containers, transported by vehicles, and transported by container vehicles.
Article 11 If the goods are delivered to the destination within the specified distance and time, the express cargo shall be transported; at the request of the shipper, if the goods are taken care of, the express goods shall be transported.
Article 12 Carriage of dangerous goods that are listed in the Dangerous Goods List of Commodities, such as flammable, explosive, toxic, corrosive, radioactive, and other dangerous goods, and those that are not listed in the Dangerous Goods List but have the nature of dangerous goods For the transport of dangerous goods vehicles.
Article 13 The use of small freight cars with rental business signs, provision of temporary employment by the supplier, and the collection of transportation charges in accordance with time, mileage, and prescribed rates shall be used as freight for taxis.
Article 14 The provision of transportation and transportation handling services for the relocation of individuals or units and the collection of fees as required shall be the transportation of moving goods.
Section 3 Types of Goods
Article 15 If there are no special requirements for the transportation, loading, unloading and storage of goods, they are ordinary goods. Ordinary goods are divided into three.
Article 16 Where special measures are required for the transportation, loading, unloading and storage of goods, special goods shall be used. Special goods fall into four categories.
Article 17 If the volumetric weight of the goods is less than 333 kilograms per cubic meter, the goods shall be light foamed. Its volume is calculated according to the highest, longest, and widest part of the outline of the goods (packed by the packing of goods).
Section 4 Cargo Insurance and Freight Value Insured Transportation
Article 18 Cargo transportation There are two kinds of insurance methods for cargo insurance and goods insured price transport. The principle of voluntary insurance is used by the shipper to determine on its own.
Article 19 The cargo insurance shall be insured by the shipper to the insurance company, and may also be entrusted to the carrier.
Article 20 The value-insured transport of goods is a procedure for the consignment of goods subject to insured goods. In the event of compensation for the goods, the goods shall be compensated according to the price declared by the shipper and the degree of damage to the goods. The shipper can only select the insured price or the insured price for a consignment.
Article 21 When the shipper chooses to transport the goods for insured price, the declared value of the goods shall not exceed the actual value of the goods themselves; the insured transportation shall be the full price insured.
Article 22: Split-trip transportation or multiple carriers shall bear the transportation. The insured fee is negotiated by the first-stage carrier (freight agent) and the forward-haul carrier, and specified in the contract of carriage. There is no agreement between the carriers to deal with non-insured freight, each bear their responsibilities.
Article 23 The goods subject to price-insured transport shall be stamped with "insured transport" on the contract of carriage. The insured fee is charged at no more than 7 cents of the value of the goods insured.
Chapter III Conclusion, Execution, Modification, and Release of Transportation Contracts
Section 1 Conclusion of the contract
Article 24 The contract for the carriage of goods for motor vehicles shall be in written form, verbal form and other forms. The type of contract in written form is divided into the periodical transport contract, the one-time transport contract, and the road cargo waybill (hereinafter referred to as the waybill). The contract for the carriage of goods by motor vehicle is signed by the carrier or the shipper on the principle of equality, voluntariness, fairness, honesty and credit.
Article 25 The regular automobile cargo transportation contract shall contain the following basic contents:
(1) Names (names), addresses (residences), telephones, zip codes of shippers, consignees and carriers;
(2) The type, name and nature of the goods;
(3) The weight, quantity or month, season and annual cargo volume of the goods;
(d) The place of departure and arrival;
(e) Quality of transportation;
(6) The term of the contract;
(7) Loading and unloading responsibilities;
(8) The value of the goods, whether it is insured, insurance;
(9) The settlement method of transportation costs;
(x) Liability for breach of contract;
(11) Methods for resolving disputes.
Article 26 The one-time transportation contract and air waybill shall contain the following basic contents:
(a) the shipper; name (name), address (residence), telephone number, zip code of the consignee and carrier;
(b) the name, nature, weight, quantity and volume of the goods;
(c) loading locations, unloading locations, haulage distances;
(4) The packing method of the goods;
(e) the date of carriage and the time of arrival;
(vi) Quality of transportation;
(7) Loading and unloading responsibilities;
(8) The value of the goods, whether it is insured, insurance;
(9) The settlement method of transportation costs;
(x) Liability for breach of contract;
(11) Methods for resolving disputes.
Article 27 The term transport on a regular basis shall apply to the bulk shipment of goods within the agreed period between the carrier, the shipper and the freight forwarder.
A one-time shipping contract applies to each shipment of goods.
When a carrier, shipper, and freight forwarder signs a regular transportation contract or a one-time transportation contract, the waybill is regarded as a certificate for the establishment of a cargo transportation contract.
The waybill is regarded as a contract in the daily multi-freight transport on each trip or short trip.
Article 28 The contract for the carriage of motor vehicles is established when both parties sign or seal. If the parties enter into a contract in the form of letters, data messages, etc., they may request the signing of a confirmation letter, and the contract shall be established when the confirmation letter is signed.
Section II Consignment
Article 29 Where no regular transportation contract or one-time transportation contract is signed, the shipper shall fill out the waybill according to the following requirements:
(a) accurately indicate the shipper's and consignee's name (name) and address (residence), telephone number, postal code;
(2) Accurately indicate the name, nature, quantity, weight, volume, and packaging of the goods;
(3) Accurately indicating other relevant matters in the waybill;
(4) The consignment of a consignment note must be the same shipper or consignee;
(5) A single waybill must not be used for dangerous goods and ordinary goods and goods of a conflicting nature;
(6) The goods requested by the shipper to be loaded and unloaded by the shipper shall be indicated in the waybill after confirmation by the carrier;
(seven) should be filled with a pen or ballpoint pen, handwriting is clear, the content is accurate, when changes are required, must be signed and sealed at the change.
Article 30 If a regular transportation contract or a one-time transportation contract has been signed, the air waybill shall be filled by the carrier in accordance with the provisions of Article 29, but the signature of the shipper shall be filled in with the contract number.
Article 31 If the type of consigned goods cannot be filled out one by one within a consignment note, a "list of goods" should be filled out.
Article 32 The name, nature, quantity, quality, volume, and packaging method of the consigned goods shall be consistent with the contents recorded in the waybill.
Article 33 In accordance with the provisions of the relevant state departments, goods subject to formalities for transportation, examination and approval, and inspection must be submitted by the shipper to the carrier when the consignor ships the goods, and accompanying the goods. When the shipper entrusts the carrier to deliver the relevant documents to the consignee, it shall indicate the name and number of documents in the waybill.
Article 34 Among the consigned goods, dangerous goods, valuable goods, fresh and live goods and other perishable goods, easily polluting goods, currency, marketable securities and goods prohibited or restricted by the government shall not be entrained.
Article 35 The packaging of consigned goods shall be packaged in the manner agreed upon by both parties. If there is no agreement on the packing method or the agreement is unclear, the agreement can be supplemented; if no supplementary agreement can be reached, it should be packed according to a common method. If there is no universal method, the packing should be carried out under the principle of ensuring the safety of transportation, handling, loading and unloading operations and the integrity of the goods. .
Where it is necessary to implement special packing standards according to law, it shall be implemented in accordance with the provisions.
Article 36 The shipper shall, in accordance with the requirements of the State, correctly use the transportation sign and the symbol of packaging, storage and transportation according to the nature of the goods and the requirements for transportation.
When using the old package to transport the goods, the shipper shall remove the transportation signs, package storage and transportation logos that are not related to this batch of goods on the package, and mark the production marks again.
Article 37 For consignment of special goods, the shipper shall indicate the conditions of carriage and special items in the waybill according to the following requirements:
(1) When consignments are required to be refrigerated and warmed, the shipper shall propose the refrigerated temperature of the goods and the temperature requirements for a certain period of time;
(2) For the consignment of fresh and live goods, instructions should be provided on the maximum length of transportation and on-going management and care matters. The maximum allowable length of transport of the goods should be greater than the time limit for motor transport;
(3) Consignment of dangerous goods shall be handled in accordance with the “Rules for the Transport of Dangerous Goods of Automobiles†of the Ministry of Communications;
(4) Consignments of goods transported in containers shall be handled in accordance with the "Rules for the Transport of Container Cars" of the Ministry of Communications;
(5) For large bulky articles subject to consignment, instructions on the nature, weight, dimensions, and shipping requirements of the goods should be provided; the carrier and the on-site conditions must be checked before the carriage, and the shipper shall be responsible for The carrier is entrusted to handle; the transportation plan is agreed upon and the transportation formalities are completed.
Article 38 When bulk goods are transported, bulk, unpackaged, and unsuitable goods are consigned by weight; goods that have been packaged or formed can be shipped on a piece-by-piece basis. number.
Article 39 Shippers who need to feed and care for animals during transport must have biological products, plants, sophisticated and sophisticated products, rare and valuable items, cultural relics, ordnance, ammunition, securities, important tickets and currency, etc. The shipper must send people to escort.
Whether or not large-scale special heavy objects, dangerous goods, valuables and personal moving articles are sent to the escort shall be agreed upon by the two parties.
In addition to the above-mentioned provisions of the goods, the shipper requires escort by the carrier's consent.
Article 40 Where goods are required to be escorted, the shipper shall indicate the name of the escort officer and necessary information on the waybill when handling the goods consignment formalities.
Article 41 A escort officer shall have one person for each vehicle. The shipper shall increase the number of escort personnel. Subject to the safety regulations, the consent of the carrier may be increased as appropriate. Escort personnel must abide by the transportation and safety regulations.
The escort personnel are responsible for the care, custody and transfer of the goods during the transportation process; if any abnormalities are found in the goods, they shall be promptly dealt with and inform the driver of the vehicle.
Section 3 Acceptance of Goods
Article 42 After the carrier accepts the goods for transport or requires the relevant goods for approval and inspection, the relevant documents shall indicate the quantity of the consigned goods and the date of shipment, stamp the shipping seal, and accompany the goods for preparation. Inspection.
Article 43 When the carrier accepts whole batch or zero-loaded goods, the carrier shall record the name, quantity, and packaging method of the goods according to the waybill and verify the correctness before proceeding with the handover procedures. If it is found that it is inconsistent with the waybill or may endanger the safety of transportation, no formalities for handover shall be handled.
Article 44 The carrier shall reasonably arrange the transportation vehicles according to the conditions of the accepted goods. The loading weight of the goods shall be limited to the rated tonnage of the vehicles. The light-bubble cargo shall be loaded with the converted weight and shall not exceed the rated tonnage of the vehicles and the relevant length, width and height. Loading regulations.
Article 45 The carrier shall agree on the transportation route with the shipper. Changes to the pre-shipment transportation route must be notified to the shipper and transported on the final route. The carrier does not transport the increased transportation costs on the agreed routes, and the shipper or consignee may refuse to pay for the additional transportation costs.
Article 46 During the carriage of goods, cargo warehousing and loading and unloading operations shall be carried out at the freight station which is not affiliated with the carrier. The carrier shall sign the operation contract with the station operator.
Article 47. The time limit for carriage shall be stated on the waybill after the parties to the agreement agree. The carrier should deliver the goods within the agreed time. Less-than-truck goods are delivered according to the approved time limit, and express shipments are delivered according to the specified time limit.
Article 48 Prior to the arrival of the entire batch of goods, the carrier shall promptly notify the consignee to prepare the goods for delivery; after the delivery of the LTL cargo to its destination, the carrier shall notify the consignee of the arrival of the LTL shipment within 24 hours or according to the shipper. The instructions promptly deliver the goods to the consignee.
Article 49 After the vehicles are loaded with toxic and easily contaminated goods, the carrier shall clean and disinfect the vehicles. Due to the nature of the cargo, the shipper shall be responsible for special cleaning and disinfection of the vehicle at the request of the shipper.
Section 4 Changes and Cancellation of Contracts
Article 50 Before the carrier delivers the goods to the consignee, the shipper may require the carrier to suspend the transportation, return the goods, change the arrival place or deliver the goods to other consignees, but shall compensate the carrier for the losses suffered thereby. .
Article 51 Where one of the following circumstances occurs, change and release are allowed:
(1) The contract of carriage could not be fulfilled due to force majeure;
(2) Due to one of the parties to the contract, it is impossible to perform the contract of carriage within the time limit agreed in the contract;
(3) The breach of contract by the parties to the contract makes the performance of the contract impossible or unnecessary;
(4) When the parties to the contract agree to release or alter the agreement, but the carrier proposes to rescind the contract of carriage, it shall return the freight received.
Article 52 During the carriage of goods, due to force majeure, road obstruction leads to blockage of transportation, and the carrier shall contact the shipper in a timely manner to negotiate settlement. The costs of cargo handling, consignment and storage shall be handled as follows:
(1) At the time of pick-up, the shipper shall be responsible for the loading and unloading of cargo, and the carrier shall collect the freight for which the mileage has been completed, and return the freight for which the mileage has been finalized.
(2) When returning, collect the freight for which the mileage has been completed, and return the freight free of charge.
(3) When the shipper requests to take a detour or change the place of arrival, the actual transportation mileage will be charged.
(4) The goods are stored in the blocked place, and the custody expenses shall be borne by the shipper.
Chapter IV Transport Handling and Transfer
Article 53 Loading and unloading of goods shall be borne by the carrier or shipper and may be stipulated in the contract for the carriage of goods.
After the carrier or shipper undertakes the loading and unloading of the goods and entrusts the operators of the yard and the handling operators to carry out cargo handling operations, a cargo handling contract shall be signed.
Article 54 Transport and handling personnel shall clean up carriages and find that vehicles, containers and equipment are not suitable for loading requirements and shall immediately notify the carrier or shipper.
Article 55 Transporting and loading and unloading operations shall be carried out by light loading and unloading, with neat stacking, inventory of quantities, prevention of miscellaneous, leaking, and damage; non-toxic, easily contaminated articles shall be mixed with food, and dangerous goods shall be mixed with ordinary goods.
Article 56 Goods that do not conflict with their nature may be assembled and distributed.
Article 57 During the process of loading and unloading, it is found that the package of the goods is damaged, and the personnel handling the loading and unloading shall promptly notify the shipper or the carrier and make records.
Article 58 Handling and handling of dangerous goods shall be carried out in accordance with the “Regulations on the Transport and Loading and Unloading of Automobile Dangerous Goods†of the Ministry of Communications.
Article 59 After the completion of the loading and unloading operations, if the goods need to be tied up with tarpaulin tarpaulins, the hauling stevedoring personnel must tightly and tightly bind the tarpaulin tarpaulins; the cleaves shall be prepared by the contractor, the shipper or the operator of the entrusted yard, and the handling personnel. Relevant lists, do a good job in handing over records;
Article 60: The contractor and the trustee shall perform the handover procedure, and the packaged goods shall be delivered in pieces; the container heavy boxes and other sealed goods shall be handed over by seals; the bulk cargoes shall in principle be subject to the pounds stipulated or used by the parties in consultation. Handover method handover. Both parties should sign the relevant documents after the handover.
Article 61 During loading and unloading of goods, the carrier shall carefully check whether the name, weight and number of the loaded goods are in conformity with the records on the waybill and whether the packaging is in good condition. If the package is slightly damaged and the shipper insists on loading and unloading, the shipper’s consent must be obtained. The shipper must be responsible for the loss incurred as a result of both parties’ records and seals.
Article 62 After the goods have been delivered and the place agreed upon by both parties, the consignee shall provide (receive) the goods with a valid document, refuse to mention (receive) the goods without cause, and shall compensate the carrier for the losses caused thereby.
Article 63 At the time of delivery of the goods, the carrier and the consignee shall do a good job of the handover. If the difference between the goods and the goods is found, the carrier and the consignee jointly compile the freight accident records. The transferee shall sign and confirm the cargo accident records.
Article 64 When the goods are handed over, the two parties to the contract shall question the weight and contents of the goods and may submit the inspection and re-inspection. The cost of inspection and re-piling shall be borne by the responsible party.
Article 65 If the carrier knows the consignee after it arrives at the destination, the consignee shall be informed promptly and the consignee shall promptly deliver (receive) the goods. If the consignee lately mentions (receives) the goods, it shall Pay the carrier the cost of storage and other expenses. If the consignee is unclear or the consignee refuses to accept the goods without justified reasons, the carrier may file the goods in accordance with Article 101 of the "PRC Contract Law."
Chapter 5 Division of Transportation Liability
Article 66 If the carrier finally delivers the goods within the agreed time limit, he shall bear the liability for breach of contract. If the carrier is responsible for the wrong delivery or wrong delivery of the goods, the goods shall be shipped to the designated place without payment, and the goods shall be delivered to the designated goods. people.
Article 67 Carriers who fail to comply with the terms of carriage or special issues agreed upon by both parties shall cause damages to the shipper and shall be liable for compensation.
Article 68 The goods shall be damaged or lost in the period of the carrier’s liability and during the period of storage at the station and the venue. The carriers and station operators shall be liable for compensation. However, if one of the following circumstances occurs, the carrier and station operator shall not be liable for compensation after the proof is issued:
(i) Force majeure;
(2) changes in the nature of the goods themselves or reasonable losses;
(3) Intrinsic defects in the package, causing damage to the goods;
(4) The external surface of the package is intact and the contents of the package are damaged or lost;
(5) The shipper violated relevant state laws and regulations, resulting in the goods being detained, abandoned or otherwise disposed of by the relevant department;
(6) The damage or loss of the goods caused by the responsibility of the escort personnel;
(7) Damage or loss of goods caused by the fault of the shipper or the consignee.
Article 69 The shipper shall, at the time and in accordance with the time and requirements specified in the contract, prepare the goods and provide the conditions for loading and unloading, as well as the receipt of goods or the rejection of the goods after the arrival of the goods, causing the carrier to empty, delay and other losses. The shipper should be liable for compensation.
Article 70. The shipper shall be responsible for damages, pollution, or personal injury caused to the shipper, station operator, vehicle, machine tool, equipment, etc. caused by the following faults by the shipper. Compensation:
(1) There are intentional entrainment of dangerous goods and other corrosive and easily contaminated goods as well as prohibition or restriction of the transportation of goods in the consigned goods;
(2) Wrongly reporting or concealing the weight, specifications, and nature of the goods;
(3) The packaging of the goods does not conform to the standards, and the packaging and containers are not good, and they cannot be found from the outside;
(4) Misuse of packaging, storage and transportation icons.
Article 71: The shipper fails to fill in the waybill truthfully, misreports or misplaces the name of the goods or the place of loading and unloading, causing the carrier to send it wrong, loading it empty, and other losses resulting therefrom. The shipper shall be liable for compensation.
Article 72 When the freight forwarding agent signs the waybill as the carrier, he shall bear the liability of the carrier and assume the responsibility of the shipper when consigning the goods as the shipper.
Article 73 In the handling of loading and unloading operations, due to the fault of the transporting loading and unloading personnel, the goods are damaged or lost, and the operators at the station yard or the handling and loading and unloading operators shall be liable for compensation.
Chapter 6 Transportation Costs
Article 74 The price of motor vehicle transportation shall be priced separately according to different conditions of transportation, and its calculation shall be handled in accordance with the "Concepts for Automobile Freight Rates".
Article 75: The unit of charge for the carriage of goods for motor vehicles shall be in tons, and shall be rounded up when the number of tails is less than 100 kilograms; the load for the delivery of bulk goods shall be in kilograms, at least the billing weight shall be 1 kilogram, and the mantissa shall be less than 1 kilogram. At the time of rounding, the weight of light foamed goods was 333 kg per cubic meter.
The consignment of goods by weight shall be based on the actual weight (including the goods packaged, cushioned and ancillary items required for transport), whichever is the pounds. If the shipper loads the car himself, it shall be loaded with the rated tonnage of the vehicle. If it is not loaded, it shall be charged according to the rated tonnage of the vehicle. For a uniform package of goods, the weight of a standard item is used to calculate the weight of all goods. If there are no pounds for bulk cargoes, they shall be calculated according to the volume and the weights of the provinces, autonomous regions and municipalities directly under the Central Government. For goods shipped by other means of transport, if there are no overweight conditions, the weight shall be calculated on the basis of the weight recorded on the waybill of the forward mode of transport. The unloaded goods are assembled according to the heaviest load.
Article 76 The length of the charge for the transportation of automobile goods shall be determined in accordance with the following provisions:
(1) The billing mileage of goods transport is measured in units of kilometres, where the mantissa is less than 1 kilometer and the advance is 1 kilometer.
(2) The billing mileage shall be based on the operating mileage approved by the competent administrative department of communications of the provinces, autonomous regions and municipalities directly under the Central Government, and the approved mileages shall be determined by the supporting parties.
(3) When there are two (including two) or more operating routes available for travel within the same transport interval, the calculated mileage shall be calculated on the shortest route or calculated in accordance with the routes agreed between the parties. The load mileage calculated from the first loading point to the last unloading point will be calculated by the assembly and disassembly.
Article 77 Other expenses for the transportation of automobile goods shall be determined in accordance with the following provisions:
(1) The transfer fee shall be at the request of the shipper, and the vehicles resulting from the withdrawal of the vehicles from the locality shall be vacated by air to and fro, and the transfer fee shall be calculated.
(2) Demurrage charges. Vehicles arrive at the agreed loading or unloading location at the agreed time, and due to the liability of the shipper or the consignee, the vehicles and loading and unloading delays are subject to deferred taxation.
(3) Loss of loading losses due to loading, due to the requirements of the shipper, the vehicle will go to the appointed place and the loading of the vehicle caused by the loading will result in the return of the vehicle to and fro, resulting in a loss of loading and loading.
(IV) The expenses incurred for the discharge of obstacles, and for the transport of large, bulky and bulky articles, the cost of the necessary reinforcement or reconstruction of bridges, culverts, roads and other facilities of the transportation routes shall be borne by the shipper.
(5) Vehicle disposal fees, due to the special requirements of the shipper, when the vehicle is refitted, disassembled, restored, or cleaned, the vehicle disposal fee shall be calculated.
(6) In the course of transportation, the inspection fees of the relevant quarantine departments of the State and the loss of vehicles due to inspections shall be borne by the shipper.
(7) Loading and unloading fees, cargo handling charges shall be borne by the shipper.
(8) Tolls, tolls such as transitions, crossings, bridges, and tunnels to be paid for the carriage of goods shall be borne by the shipper, and the carrier shall collect and pay such fees.
(9) The custodial fees shall be calculated on the fourth day from the day following the delivery of the goods by the consignee to the consignee after the arrival of the goods (on postmark or telephone record). The charge for custody of goods shall be collected; the custody of the custody shall be charged at the request of the shipper or the responsibility of the shipper. The cost of custody of the goods is borne by the shipper.
Article 78 The transportation and miscellaneous expenses of automobile cargo transportation shall be settled according to the following provisions:
(1) Goods transportation and miscellaneous expenses are settled once when the goods are consigned or shipped, or they can be used in the form of prepaid expenses in accordance with the contract, and are shipped with the shipment or settled after shipment. If the shipper or the consignee fails to pay the freight, storage fees and other transportation costs, the carrier shall have a lien on the corresponding transportation goods, unless otherwise agreed by the parties.
(b) The freight mantissa is expressed in yuan, rounded up to less than one dollar.
Article 79 If the goods are lost due to force majeure in the course of transportation, and the freight is charged at the end, the carrier may not require the shipper to pay the freight; if the freight has been collected, the shipper may demand a return.
Article 80 The tariffs for the transportation of goods entering and exiting the country and the goods transported by international combined transport vehicles shall be handled in accordance with relevant regulations.
Chapter VII Cargo Accidents and Default Handling
Article 81 Freight accident refers to the damage or loss of goods during the carriage of goods. After the occurrence of freight accidents and breach of contract, the supporting parties and parties concerned shall compile the freight accident records.
During the transportation of goods, traffic accidents cause damage or loss of the goods. The carrier should first compensate the shipper, and then the responsibility of the carrier should be reimbursed by the carrier.
Article 82 During the process of cargo accident handling, the consignee may not detain the vehicle, and the carrier may not detain the cargo. The detainee shall be responsible for compensation for the loss caused by the detainment of the vehicle and the goods.
Article 83 The amount of compensation for freight accidents shall be handled according to the following provisions:
(1) Compensation for freight accidents is divided into two categories: limited compensation and actual loss compensation. If laws and administrative regulations stipulate the limitation of liability, in accordance with its provisions; if the limitation of liability has not yet been stipulated, compensation shall be made for the actual loss of the goods.
(2) In the insured transportation, the goods are all lost, and the price of the goods is declared as compensation; the goods are partially destroyed or lost, and the actual loss is compensated; if the actual loss of the goods is higher than the stated price, the price will be compensated according to the stated price; if the goods can be repaired, Repair fee plus maintenance fee. Insurance transportation is handled according to the agreement between the insurer and the insurance company.
(3) Where the insured price or insurance transportation has not been handled, and the liability for compensation has not been agreed in the contract of carriage of the goods, compensation shall be paid in accordance with the provisions of the first paragraph of this article.
(4) The compensation for the loss of goods includes the price of goods, freight and other miscellaneous fees. When the price of goods includes at the end of transportation and miscellaneous expenses, packaging fees, and taxes and fees paid, the cost shall be calculated on the basis of the proportion of all or a fraction of the goods to be carried.
(5) Where the amount of compensation for the damage or loss of the goods is agreed upon by the parties, in accordance with its agreement, if there is no agreement or the agreement is unclear, the agreement can be supplemented, if no supplementary agreement can be reached, the market price of the goods at the place of arrival at the time of delivery or due shall be delivered. Calculations.
(6) If the loss of or damage to the goods is caused by the liability of the carrier, the freight and miscellaneous fees shall be paid in light of the compensation in kind; the freight and miscellaneous fees collected shall be refunded; if the damaged goods can still be used, the freight shall be collected.
(7) After the compensation for lost goods is returned, it shall be sent to the restorer and the compensation or in-kind shall be recovered; if the original owner is unwilling to accept the lost or cannot find the original owner, the carrier shall handle it on its own.
(8) When the two parties are responsible for the overdue arrival of the goods, the vehicles are delayed, and the loading is lost, they shall compensate each other according to the losses caused by their respective responsibilities.
Article 84 After the occurrence of a freight accident, the carrier shall promptly notify the consignee or the shipper. The consignee and the shipper, after knowing that a freight accident occurred, should sign the cargo accident record with the carrier within the agreed time. If the consignee or the shipper does not sign the cargo accident record with the carrier within the agreed time, or if the consignee or the shipper cannot be found, the carrier may invite two or more non-interested persons to sign the cargo accident record.
The time limit for the compensation of goods shall be calculated from the day after the consignee or shipper becomes aware of the freight accident information or records the freight accident.
The goods are received at the end of the 30 days after the agreed arrival time. Considered to be extinguished. Calculate the time limit for cargo compensation from the 31st.
The delivery of the delivered goods within the contracted or stipulated period of time is delayed delivery.
Article 85 Where the party requires the other party to make compensation, he shall file a claim for compensation, along with documents such as a transport bill, cargo accident records, and goods price certificates. If you require a refund of the freight, you should also attach a receipt for miscellaneous fees. The other party shall reply within 60 days from the next day after the request for compensation is received.
Article 86 If the carrier or shipper commits a breach of contract, he shall pay the other party a breach of contract. The amount of liquidated damages is agreed between the two parties.
Article 87 The amount of compensation for delayed delivery of the goods caused by the unintentional conduct of the carrier may not exceed the amount of freight for the whole shipment of the delayed delivery.
Article 88 All compensation for goods shall be paid in renminbi.
Article 89 If the shipper directly entrusts the station operator to load or unload cargo causing cargo damage, the station operator shall be responsible for compensation; if the carrier entrusts the station operator to organize the loading and unloading, the carrier shall first compensate the shipper. Respond to the station operators.
Article 90 When a carrier, shipper, consignee or related party has a dispute or dispute in the performance of a transportation contract or handling of a freight incident, it shall promptly coordinate the settlement or apply to the competent department of communications of the people's government at or above the county level for mediation; If it is not possible for reconciliation, mediation, or mediation or mediation to proceed, arbitration may be applied to the arbitration institution according to the arbitration agreement; if the parties fail to enter into an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit in the people's court.
Chapter VIII Supplementary Provisions
Article 91 In accordance with the provisions of laws, regulations and rules, the use of automobile cargo transportation contracts jeopardizes the national interests and social public interests, and the competent departments of communications of the people's governments at or above the county level shall be responsible for the supervision and handling of the road transportation administration agencies to which they belong. .
Article 92 The Ministry of Communications shall be responsible for the interpretation of this rule.
Article 93 This rule shall come into force on January 1, 2000. On January 26, 1988, the "Rules for the Transportation of Car Goods" issued by the Ministry of Communications was also repealed.
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