Rules for the transportation of goods by road. Transportation of oversized cargo Federal rules for the transportation of goods by road

The Rules for the Transportation of Goods by Road (OPPGAT or PPGAT) have existed since July 25, 2011 and are an updated version of similar Rules of the year 1977.

There are several main documents regulating the transportation of goods across the territory of the Russian Federation: Rules (PPGAT), Charter (UAT), Convention (International Convention on the Contract of Carriage or CMR) and, of course, SDA. Many standards, described in some detail in Russian GOSTs, regulate specific stages of transportation (for example,) and different aspects of these stages (for example, Safety Rules for Loading). Such specific cases are not considered by the general Rules for the transportation of goods, therefore only the general relations between the cargo carrier, the client and intermediaries are described below.

In total, more than 4 thousand federal laws can be considered the rules for the transportation of goods, which account for about 10 thousand different standards and regulations. Most of them were developed in the Soviet Union, but only a few have not undergone changes. It makes no sense to consider the rules for the transportation of goods with such care, but it is highly recommended to get acquainted with the basic documents.

Traffic rules and rules for the carriage of goods

The document is the easiest to review, since it does not contain specific standards, but only refers to the standards of PPGAT, the Rules for the Transportation of Dangerous Goods (ADR), Oversized Goods, etc. The transportation of goods is covered in paragraph 23 of the Rules, divided into 5 parts:

• 23.1 ;
• 23.2 Cargo control during loading operations (fastening and placement) and along the way;
• 23.3 Correct placement of the cargo (without limiting visibility, making it difficult to control, without covering identification marks, without creating noise, dust and dirt);
• 23.4 Transport and labeling;
• 23.5 Transportation and .

Interaction of UAT with the Rules for Cargo Transportation

The Charter of Motor Transport is the most important document regulating the activities of all motor transport enterprises, as well as enterprises and citizens using their services. This act highlights the most significant points, as well as the procedure for interaction between the sender, carrier and recipient. To do this, a number of concepts fixed by definitions are used (baggage, passenger, ticket, cargo), of which the following are worth highlighting:

• Shipper- a person (individual or legal) specified in such capacity in the contract of carriage and in the specification form. The sender does not necessarily own the cargo, but should otherwise have the right to act on its behalf.
• Consignee- a person who has the right to receive the cargo.
• Work order- one of the forms of a freight agreement.
• Container— reusable equipment (volume more than 1 m³), ​​used to eliminate the stage of cargo transshipment from one vehicle to another during loading and unloading operations.
• Carrier- individual entrepreneur or legal entity. the person responsible for transportation (passenger, cargo, luggage) as well as for issuing the cargo to the recipient.
• Waybill— a document that notes the completion of planned work, serves to record and control the driver’s activities.
• Perishable cargo— requiring, during transportation, the maintenance of a certain temperature specified in the contract of carriage.
• TTN- a document confirming the existence of a contract of carriage. Used during transportation.
• Freight. Charterer is the person who pays for the use of the vehicle (all or part). Charterer is a person who provides the charterer with a vehicle (or part of its volume) under a charter agreement.

It is worth noting that a freight agreement can be concluded in parallel with a transportation agreement and involve third and fourth parties in the process of transporting goods. Those. The carrier can become a charterer and use the freighter’s vehicles to transport cargo (passengers, luggage). This situation can be very confusing for all parties, but the final carrier has the most vulnerable position in it, due to some shortcomings that currently exist in UAT and PPGAT.

When using several vehicles, it is necessary to draw up a number of invoices that corresponds to the number of vehicles used.

Contract of carriage

A controversial issue can arise at any stage of transportation, therefore, both the sender of the cargo and its recipient must note in the transport documents (these include waybills, waybills and accompanying statements) not only the time of delivery of the vehicle to the loading or unloading points, but also departure time from them.

You should be guided by the Rules for the carriage of goods by transport in the event that the point in question is not directly specified in the contract. For example, if loading (transportation or unloading) requires special devices, then they are installed by the sender and dismantled by the recipient. Under a standard contract, this equipment is left to the recipient, so the contract usually includes a clause according to which the return of the equipment is made through the carrier, and the recipient pays for the work. However, there are clauses that must be included in the contract:

• Subject of the agreement, i.e. provision of cargo transportation services. The address of loading and unloading, conditions for transfer and acceptance of cargo are specified.
• Deadlines. There are standards for loading and unloading cargo, the duration of which is usually not specified. The general transportation period, on the contrary, is one of the most important points of the contract; the terms of delivery to an intermediate destination, the terms of fulfillment of obligations on both sides can be specified, i.e. terms of transportation and payment.
• Price. The price may be indicated together with calculations based on current tariffs and payment for additional services.
• Responsibility. In case of failure to perform or poor-quality performance of standard work, the UAT provides for certain fines, for example, for failure to load. However, the parties can specify their own sanctions for failure to fulfill certain obligations.

Preliminary work begins by the Carrier after the client has submitted an application, in order to determine the possibility of transporting cargo and concluding an agreement. Cargo transportation work is carried out after the completion of the preparatory work has been completed.

Rules for the transportation of goods by road transport

Rules for the carriage of goods 2011 - the latest edition of the PPGAT. The next update is scheduled for January 2015, but PPGAT 2015 will not receive significant changes. In relation to UAT, the Rules for the road transport of goods act as a clarifying addition. Thus, the conceptual apparatus of UAT is supplemented here with several new terms:

• Accompanying statement. If necessary, the delivery of a cargo container (both empty to the consignor and full to the consignee) is documented in a special accompanying statement drawn up by the carrier.
• Party cargo a - cargo transported under one document (several names).
• Cargo space- an object used for transportation.
• Heavy cargo.
• Oversized cargo.
• Divisible load- a load that can be placed in two or more places without the risk of harm.

Of course, the most important condition for transportation is time standards, but there is currently no exact definition of delivery delays and downtime in PPGAT. However, there are, and it is necessary to know the boundaries and conditions of its purpose. The time after which a vehicle is considered late (for loading or unloading) is two hours. This time interval can be specified in the contract.

The need to interact with different parties during the formation of a transportation order leads to the emergence of additional intermediaries.

Conclusion of an agreement

A standard contract for the carriage of goods The rules are considered from all sides, but in fact, to conclude it, the carrier only needs to pick up the cargo and sign the cargo form. This conclusion follows from paragraph 6 of the GCP, which states that an agreement can be concluded by accepting an order for execution (or an application, if there is an agreement on organizing the carriage of goods). Exceptions to this are listed in paragraph 13 of the RCP. The same nod can be found in the first paragraph of Article 8 of the UAT.

After placing an order, it begins to be reviewed by the carrier, as a result of which he may refuse to provide services. A decision on the order must be made within 3 days after it is accepted for consideration (7th paragraph of the PPGAT). The refusal must be issued in writing and handed to the shipper (the owner of the cargo or his authorized representative). The cargo transportation rules provide detailed instructions on the interaction of the parties in this regard.

The sequence of loading and unloading operations is established and regulated by the rules of cargo transportation. If the shipper loads the transported cargo into a vehicle or container in violation of the established rules, he must eliminate them at the request of the carrier. Otherwise, the carrier has the right to refuse its obligations to transport the goods.

According to the BCP instructions, only the sender can submit an application (order) for the provision of cargo transportation services, which in real life causes many problems. This restriction is aimed at eliminating intermediaries, but the dispatcher checking the legal status of each company placing an order will be in a difficult position.

Transportation of groupage cargo assumes that transport will be used to fulfill several orders at the same time, which reduces the price and speeds up the work.

After positive consideration of the order, a technical specification form is drawn up. However, at this point the UAT and the New Rules for the Transportation of Goods have some contradictions. The charter assumes that the invoice is drawn up by the sender, which is quite logical. The rules state that the sender and the carrier fill out the standard TTN sheet (given in Appendix No. 4) jointly. In particular, the carrier, after agreement with the sender, is asked to fill out positions 8-11, 13, 15 and 16 on his half of the sheet.

Additional documents

Point 8 of the BCP will allow the sender to request a special document from the carrier, which provides a detailed cost calculation. The price list must contain the carrier's probable profits and losses, current tariffs and calculation of the cost of a specific service, and reflect the calculation system used by the carrier. Unfortunately, this document does not provide any advantage to companies that follow the letter of the law.

Other additional documents are drawn up in an attempt to pre-trial resolve controversial issues. So-called acts are drawn up when the following cases occur:

• Failure to pick up the cargo by the company specified in the contract as the carrier;
• Failure to provide a vehicle or container;
• Damage to cargo (shortage during unloading);
• Failure to present the goods when loading by the sender;
• Refusal by the sender of the chartered vehicle;
• Delay;
• Downtime (delay) of a vehicle prepared for loading and unloading operations.

The interested party draws up the act itself, but without the participation of the opposite party, it can do this only by notifying it. If the other party avoids drawing up the act, it is necessary to record the fact of notifying it by sending a notification to all interested parties, including counterparties. Also, the drawing up of the act must be noted in the waybill, TTN and work order.

In the freight order there is a special column “Reservations and comments of the freighter”, in which the driver (freighter) is obliged to make notes if the conditions of transportation change directly during transportation.

Fine and deadlines established by the Rules for the carriage of goods

The amount of penalties is prescribed in paragraphs 34 and 35 of the Charter. Most of them are associated with disruption of loading and unloading, delays and transport downtime. It is important to note that the work of specialized equipment is rated higher by the UAT: fines for simple specialized equipment. techniques have been doubled.

Proper execution of the contract is described in paragraphs 24-26 of the PPGAT. The rules for the transportation of goods describe such issues as deadlines for submitting a vehicle, the procedure for unloading and loading operations, and time frames. Thus, a delay is considered to be the arrival of a vehicle for loading with a delay of more than two hours (from the time specified in the order). The arrival time is indicated in the waybill or in the act drawn up by the driver (forwarder) (if the vehicle was not allowed to the loading zone due to the fault of the sender or recipient).

The sender may refuse to cooperate with the carrier if his actions do not comply with the rules for the carriage of goods or the contract of carriage. In particular, the sender may refuse to fulfill the contract if the driver cannot present an identification document (29th paragraph of the BCP).

Any act must be drawn up by the interested party exactly on the day of the incident that serves as the reason for its writing. If it is impossible to do this immediately, you must draw up the act within the next 24 hours.

Please note that the New Rules for the Transportation of Goods differentiate between the activities of the carrier and the charterer. Attached is a separate form intended for concluding a freight agreement. It is easy to see that under this agreement the charterer does not take responsibility for keeping the cargo intact. He is responsible only for the timing of delivery of the vehicle for unloading and loading.

Both the sender of the cargo and its recipient must note in the transport documents (these include the waybill, waybill and accompanying statements) not only the time of delivery of the vehicle to the loading or unloading points, but also the time of departure from them.

The terms for loading and unloading goods are described in the appendix to the PPGAT, although in reality their implementation is quite difficult. The rules for the transportation of goods are directly determined in paragraph 63. It states that a vehicle with cargo must travel at least 300 km of the declared route per day. The return of cargo and the terms of return, in case of refusal to accept it, are described in paragraph 67 of the Rules.

Almost every driver at least once in his life used his own car to transport goods - for example, when moving to a new apartment or traveling to the country. Service vehicles are used in the same way. But cargo is not always transported correctly. However, if violations are detected, the driver will be punished, since this creates risks for other motorists. After all, improperly transported cargo is the cause of emergency situations.

How to properly transport various objects and goods without risk to yourself and other road users?

Basic rules for transportation by passenger cars

The Code of Administrative Offenses does not contain a provision regarding overloading a passenger car. But you shouldn’t overload it, as this affects controllability and maneuverability. Basically, the permissible weight is up to 350 kg, more weight leads to breakdowns - damage to the frame, side member, shock absorbers.

When transporting various objects on the roof, it is necessary to clarify the load limits for this part of the body. The indicator largely depends on the country in which the vehicle was produced:

• for domestic cars - 40-70 kg;
• for imported ones - 60-90 kg.

In this case, heavy things are placed not in the center, but closer to the edge.

The items transported in the trunk are distributed so that the load is uniform over the entire area and the center of gravity is as low as possible. It is important to remember that if the trunk is overloaded, the front part skids when cornering, and when braking sharply, control is lost and the braking distance is lengthened. And few car drivers think about the fact that the poor condition of the roads is often their own fault. An overloaded car sometimes hits the asphalt with its rear bumper, which affects the condition of the pavement.

Any cargo, according to the rules of road transportation, should not block the driver’s view or rear-view mirrors or restrict movement. Law enforcement officers on the roads will not have claims against the driver if for such transportation:

• the stability of the machine is not reduced;
• reflectors or headlights are not obscured;
• there is no unnecessary noise or dust;
• the road surface is not damaged.

If at least one of the points is not met, the driver is obliged to immediately eliminate the shortcomings.

After loading, items are securely fixed to prevent accidental fall. All fastenings must be well fixed; they are checked every two hours on the road, and if the surface is damaged or the terrain is difficult or uneven, then this is done hourly.

Furniture doors are taped to prevent them from opening. Glass is transported separately, in special packaging that protects the material from damage and breaking.

The recommended speed of a loaded car trunk should not exceed 100 km/h, if such a mode is allowed on the road along which the route runs. When entering a turn, the speed is reduced to 20 km/h.

Marking

General rules for the transportation of oversized cargo by road are regulated by relevant documents, in particular, the Road Traffic Regulations. In this case, special marking is required, even if cars rather than trucks are used. Signs are attached if the load extends beyond the boundaries of the car by more than 1 meter in front or behind, or 40 cm on the sides.

The “Large Cargo” sign is used for marking. This is a 40x40 cm plate with red and white diagonal stripes. If transportation is carried out in the dark, then a white reflector is additionally installed on the front of the car.

If it happens that there is no sign at hand, and the transportation cannot be postponed or there is nowhere to attach a warning sign, then the cargo is at least marked with a piece of bright fabric, which will not go unnoticed by drivers of other cars. Instead of a reflector, a flashlight is often used.

Tow hooks

The car part is of interest to the traffic police during inspection if it is “handmade” made by the driver or service station specialists. Welding of hooks is regarded as a violation of technical regulations. Such homemade products may be punishable by a fine. In this case, the owner is obliged to restore the vehicle to its original condition, otherwise there is a threat of deregistration. A self-attached towbar may result in a license deprivation if the hook is located very low and overlaps the registration signs.

Trailer

The rules for using a trailer should also not be overlooked. According to the new rules, such motor transport requires a certain category of driver's license.

Category B is intended for driving cars with a trailer, if the permissible maximum weight of the latter does not exceed 750 kg. The trailer may be heavier than the car. At the same time, a limit of 3.5 thousand kg was introduced for the total mass of both vehicles.

Dangerous goods in a passenger car

Companies are subject to strict rules for transporting such goods by road, which are set out in ADR. The same document allows private individuals to transport hazardous substances in their own car. However, here we introduced strict restrictions according to the quantity of such substances, and also stipulates the requirements for the containers that are used. Thus, the packaging must be such as to prevent leakage during transportation. If we are talking about flammable liquids, then you can transport 240 liters per car at a time or poured into containers with a capacity of no more than 60 liters each.

When crossing the border, you are allowed to take with you up to 20 liters of fuel, not counting what is in the tank.

Up to 15 gas cylinders can be transported in a car at a time, and this, in accordance with ADR, is not a violation that could create a significant threat to people or the environment.

Transportation by passenger transport dangerous goods in excess quantities, without special training, in the absence of special permission and an approved route, on a vehicle not intended for such transportation, is fraught with a fine of 15 thousand rubles.

Transportation of exhaust gases in a passenger taxi

The law prohibits the transportation of dangerous substances, products that emit a strong odor, bladed weapons and firearms without packaging or covers in taxis. The driver has the right to refuse transportation if there is a possibility of contamination and damage to the passenger compartment or the passenger’s belongings. The cargo (luggage) that the client wants to take with him must pass through the door freely.

Punishment

Violation of traffic rules when transporting goods by passenger vehicles, especially oversized ones, will result in fines or deprivation of rights for 4-6 months. If a company owns a car, then this amount can be 500 thousand rubles.

There is another reason why you should not violate the rules for transporting goods. If this causes a road accident, then you will have to forget about insurance payments.

International transportation of goods by passenger transport

Customs legislation describes the list of things that can be imported into and exported from the country. These are those goods that are not intended for commerce and production, but should be used only for personal needs.

On the road, you must adhere to the general rules for transporting goods by road, and the traffic rules of the state in which the car is moving. The rules there are often stricter and the fines higher than in Russia.

When planning and traveling by passenger vehicle, you must remember that compliance with basic rules and restrictions is a guarantee, first of all, of personal safety. And if the driver doubts his driving skills, especially when he needs to transport large or dangerous goods, then it is wiser to rent a car than to risk himself and other people.

Many are familiar (especially for people involved in cargo transportation, and motorists in general) with the federal law and its third article. This is the “Charter of Road Transport and Urban Ground Electric Transport”.

The Charter of Road Transport and Urban Ground Electric Transport regulates the rules of cargo transportation

Cargo transportation rules

Still, all participants in the movement, including pedestrians, should know the rules. This decree of the Russian Government stipulates the rules for transporting goods by road (it should be noted that this applies to both passenger cars and long vehicles), which came into force only three months after the official publication on the website. Some clauses came into force after 2 months. This charter also applies in the Republic of Kazakhstan.

The third paragraph of the rules for correct and legal transportation, loading and unloading speaks specifically about cargo and its safe transportation carried out by any transport: urban, suburban, and international communications. A more precise text of the resolution was published in the Collection of Legislation of the Russian Federation.

Let's take a closer look at all the requirements put forward to legal carriers and customers not only in Russia, but also on the roads of the Republic of Kazakhstan. The text itself consists of several parts:

General provisions

In this Chapter 272, everyone can familiarize themselves with a brief description of the rules: the procedure, general requirements for carriers and clients throughout the CIS, including the Republic of Kazakhstan, regulations of existing and added ones, in other words, new laws.

• The procedure for organizing the transportation of goods by road. About its safety. What type of vehicle can be used when transporting various goods, petroleum products, etc. in various cases.
• If transportation must take place internationally within the Republic of Kazakhstan and the Russian Federation, what documents will be useful for verification.
• The fact of transportation of life-threatening cargo and transportation in general, in public and private vehicles in different directions, is also taken into account. The fundamental requirements are those established in 1937 and spelled out in the European Agreement on Road Transport Between Countries. The charter was preserved with a small amount of alteration, taking into account the safety rules of both clients and performers.
• Specific instructions are given on the transportation of perishable food products, both in suburban and intercity transport. When creating them, we adhered to the Geneva Agreement on International Transport, signed in 1970.

Rules for signing contracts for the carriage of goods

How best to conclude contracts and what to rely on is described in the second chapter. The charter is fully spelled out so that safe transportation is an advantage in all CIS countries, as well as the Republic of Kazakhstan, especially for petroleum products and flammable products.

Let's look at it point by point.

Providing cargo containers, loading and unloading goods, receiving transported goods

Both parties to the contract must adhere to certain rules. So the sender of the cargo should not delay the luggage, and the cargo carrier should provide serviceable transport for transportation, as well as cargo containers and other things that are required for the transportation of goods. If the goods are transported on a trailer, then the fastenings must be installed with strong and proven cables. Late provision of transport can be considered as early as 2 hours.

1. When packing goods or other cargo, you must indicate the time of departure and loading date, the condition of the goods, the seal, the weight and quantity of what is being transported. All details are recorded in the order document. The driver is required to sign this document with all the additions and instructions already made to it. Charter 272 of the Russian Federation was created so that all parties to the agreement take their obligations responsibly. For example, the customer is from Russia, and the recipient is from the Republic of Kazakhstan. All cargo items must be marked.
2. Who is the shipper and the recipient, this can be either a full or shortened name.
3. Unloading and loading addresses. Specific addresses are indicated.
4. You can specify barcodes, two-dimensional symbols, and manipulation signs (thanks to this, you can know about the characteristics of loading and unloading of goods).
5. Don't forget about food products that can quickly expire. In this case, it is necessary to indicate the specific delivery time, temperature mode and sealing, not to mention the invoice for the goods.
6. When loading and unloading goods or other cargo, it is necessary to adhere to sanitation and safety standards. Some cargo must be loaded mechanically to avoid injury and ensure the complete safety of the product and the carrier. This also applies to petroleum products and other chemicals and products.
7. You should ensure that it is secured to the trailer, body, etc. to ensure safety requirements are met.

Both parties can refuse to fulfill the agreement (example above, recall the Russian Federation - the Republic of Kazakhstan) if the violations already stated above have occurred.

Marking of goods must be carried out before they are sent

How to determine the weight of cargo and seal cargo containers, trailers and vehicles

In 272 this point is also included. It is clear that piece goods are easier to calculate and weigh. But during large freight shipments or transportation of goods from an industrial group, it is important:

• weigh the machine on a common scale;
• calculate geometrically the volumes upon loading (and upon arrival unloading);
• a record with the corresponding measurements is included in the invoice, and it is advisable to seal the goods themselves.

When transporting goods on a trailer, sealing is simply necessary. Therefore, the shipper must stipulate this fact immediately when drawing up the contract and the order/invoice. The seal itself must be different and have distinctive characteristics. For example, a shortened name of the dispatch organization or a trademark with distinction. They are also indicated in the transportation documents. Thus, on the trailer or van (container), there will be a sign prohibiting opening and access to the goods.

Such signs can be hung not just one, but several at once: on door handles, on separate cargo boxes or separate sections. The designs on the fillings must be clearly visible and legible.

The new general requirements apply to all motor vehicles in all CIS countries, including the Republic of Kazakhstan - they can be used to transport goods for your own use: from passenger cars to heavy ones. It all depends on the carrier

Sealing of cargo containers must be specified in the documents

Delivery time. Cleaning of transport, cargo containers and other things

In moments when the contract does not stipulate time periods, the charter presupposes a certain procedure for accepting the goods. Usually such goods are delivered according to the direction. In urban or suburban vehicles this is one day, but between cities or in international directions the calculation is based on kilometers. In the event of a possible delay in delivery, both the sender and the recipient of the goods are informed, because they may exceed their expiration dates.

Damage is reimbursed by the transport agency. The same happens if the goods or other cargo are damaged. These rules will not apply if the recipient's address has changed. In this case, the carrier has nothing to do with this, since the place of delivery was specified in the contract. The procedure is strict for both parties, who are obliged to comply with their duties.

Requirements for cargo forwarding:

• the driver informs over the telephone about the reasons for non-acceptance of cargo or food;
• the driver reports non-acceptance of the goods in writing or by telephone and asks for forwarding information;
• if the address has changed during transportation, the driver is notified by phone;
• When transporting petroleum products, there are strict obligations regarding registration of the addressee, since the product itself is quite dangerous and the general rules do not apply.

The main thing is that all these points are carried out only through the carrier organization.

Specific goods and their transportation

When loading bulk or liquid products (this also applies to petroleum products), the weight of what is transported is indicated in the documents by the customer. For petroleum products, it is allowed to use long cargo containers with refrigeration and markings; a design must be used at the loading site and on the drain valve. In cases of transporting petroleum products by rail, trailers are used that transport goods not exceeding 40 tons, and the axle load should not exceed 11 tons.

The charter states that when transporting both bulk and explosive goods (such as petroleum products) or food products specified in the same waybill, it is impossible to display the value.

Perishable food products require transportation in a container or trailer under temperature conditions.

Oil can be transported in a long container

Additions to the charter

The amendments to 272 specify new general requirements. They relate to footage, weight, and technical condition of the transport. There is also a sample of transport documents with clear instructions. Point number 8 indicates the types of vehicles being transported (either a passenger car, a trailer, or long vehicles, names of cargo containers).

The transportation of goods on the territory of the Russian Federation is regulated by Chapter No. 23 of the Traffic Rules. Transportation of oversized objects is additionally regulated by a number of federal laws and orders. Let's consider how oversized cargo should be transported, traffic rules and requirements for the vehicle.

REGULATORY DOCUMENTS

As you can see, only a small fraction of the aspects of transporting oversized goods are covered by the Road Traffic Regulations. Basic regulation of the transportation of oversized cargo on the roads of the Russian Federation is carried out by Federal Law No. 257-FZ. In Chapter 5 of Article 31 you can find the following points:

• transportation of large and heavy cargo requires special permission;
• the procedure for obtaining a special permit is established by the government of the Russian Federation;
• Before transportation, it is necessary to coordinate the route with the owner of the roads;
• In case of damage, the amount of compensation is calculated by the owner of the road.

Based on the rights specified in the above-mentioned normative act, the “Rules for the carriage of goods by road” were drawn up. In this document you can find instructions regarding the procedure for organizing transportation, ensuring the safety of vehicles and containers, if necessary, conditions of transportation and provision of vehicles for transportation.

RELATED ORDERS AND RESOLUTIONS

In order to be guaranteed to protect yourself from problems when filling out an application for a special permit and directly when transporting oversized cargo, we recommend that you familiarize yourself with the following orders:

• No. 107: represents regulations for government agencies for issuing permits;
• No. 258: regulates the rules for issuing permits;
• No. 7: establishes rules to ensure safety when transporting oversized items.

Resolutions:

• No. 125: procedure for weight and dimensional control;
• No. 934 + No. 12: procedure for compensation for damage caused to the road;
• No. 125: rules for passing weight control;
• No. 211: establishes the rules for introducing a ban on cargo transportation.

Fines and punishments

To familiarize yourself with the amount of penalties imposed for violations of the rules for the transportation of oversized cargo, read Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation. There you will find out exactly who should be punished for violations. For example, for not having a special permit, a driver can receive a fine of 2 thousand rubles, but, even worse, he can lose his driver’s license for up to six months.

WHAT CARGO IS CONSIDERED OVERSIZED?

The cargo is considered oversized if its weight and/or size exceeds the value established by the traffic regulations of a particular country as acceptable during transportation. According to the traffic rules of the Russian Federation, oversized cargo is considered to be the following:

SDA ABOUT TRANSPORTATION

Paragraph 23.5 of the traffic rules states that vehicles transporting such cargo must be marked with the “Large cargo” sign. Additionally, in the dark (remember that this is considered the time from evening twilight to the beginning of twilight in the morning) and in conditions of poor visibility, a reflective element or a white light should be installed in the bow of the car, and a reflective element or a light source of sufficient power in the rear part Red. This is quite enough for driving on public roads.

SPECIAL REQUIREMENTS

Transportation of explosive, chemical or other dangerous goods, long objects or heavy loads is regulated by special standards established by the relevant government authorities. Special rules should be followed when driving a vehicle (with or without cargo) if:

Heavyweights

Also, special permission from the traffic police is required when transporting heavy cargo. What matters is the total weight of the vehicle and the object being transported. Specific values ​​in different countries may differ, which should be taken into account when intending to cross the border. The definition of “heavy” in the Russian Federation includes:

• two-axle vehicles weighing more than 18 tons;
• three-axle vehicles weighing more than 25 tons;
• four-axle vehicles weighing more than 32 tons;
• road trains with 3 axles and weighing more than 28 tons;
• four-axle road trains weighing more than 36 tons;
• road trains with 5 and weighing more than 40 tons;
• road trains with 6 axles or more, weighing more than 44 tons.

Also, do not forget about the strict requirements for load distribution along the axles. Not only the distance between closely spaced axles matters, but also the standard loads of roads. When designing, constructing and reconstructing a roadway, the permissible axial load is set, for example, 6, 10 or 11.5 tons. That is why transportation can take place not along the shortest route, but with a choice of roads with a suitable load class.

Signs

Sign used to indicate oversized cargo:

Long road train sign
Long vehicle.

When transporting dangerous goods, the vehicle must be marked with the following sign:

COVER VEHICLE

Previously, if the length of a vehicle loaded with oversized cargo was more than 24 m, but less than 30 m, and the width was more than 3.5 m, but less than 4 m, then the appropriate conditions for transportation could be created by the transport company without the participation of representatives of the traffic police. But since 2014, when transporting heavy and oversized cargo, it is necessary to use a cover vehicle to ensure safety. Requirements for an accompanying car:

• the presence of a yellow-orange stripe;
• presence of yellow and orange flashing lights;
• A reflective or illuminated sign must be installed, on which there will be an inscription warning about the characteristics of the cargo (for example, “Large length”).

TRAVEL ABROAD AND INTERREGIONAL TRANSPORTATION

If you intend to cross the border, please note that a car without a special international permit will be detained.

When passing a route through two or more territorial units of the upper level of the Russian Federation, an interregional permit must be obtained. As in the case of an international special permit, you can apply for it through the State Services website. You can fill out an application during a personal visit at the offices of the Road Management Administration of the Russian Federation or at its subsidiary branches.

HOW TO GET PERMISSION

Obtaining permission to transport oversized cargo is regulated by the so-called Order 258. It is in this document that you can find out:

• admission parameters and conditions for refusal to submit an application;
• a complete description of the procedure for drawing up and submitting an application;
• what the document should look like and what information should be included in it;
• subtleties when coordinating the transportation of heavy objects;
• established deadlines for obtaining permission;
• procedure for issuing a special permit or obtaining a refusal.

BAN ON TRANSPORTATION

Let's look at the cases in which transportation of oversized items is prohibited:

• the load interferes with driving;
• with a load the car becomes unstable. To prevent a truck from tipping over, it is imperative to take into account seasonal characteristics and the risk of exposure to heavy winds;
• due to the size of the object, the driver’s visibility is limited, as a result of which he cannot adequately assess the road situation;
• the cargo covers lighting fixtures, reflectors, identification marks, and state license plates;
• During transportation, environmental pollution occurs.

TRANSPORTATION RULES

A vehicle with oversized cargo moving on the roads should not accelerate more than 60 km/h. In this case, bridges should be crossed at a speed of no more than 15 km/h. Particular attention should be paid to the technical condition of the vehicle. The trailer must be equipped not only with a working parking brake, but also with a special device that guarantees stopping the trailer if the air lines of the pneumatic braking system coming from the tractor rupture. The load must be securely fastened, and the integrity of the fastening must be periodically checked.

According to statistical data, more than half of all cargo on the territory of the Russian Federation is transported by road. However, the legal regulation of freight road transport in our country until recently left much to be desired, since the regulations approved many years ago turned out to be ineffective in modern realities. And finally, the Government of the Russian Federation has approved new Rules for the transportation of goods by road. Let's consider how the relationships between carriers, shippers, consignees and other participants in the transportation process will now develop.

On July 25, 2011, the main part of the Rules for the transportation of goods by road (hereinafter referred to as the Rules), approved by Decree of the Government of the Russian Federation dated April 15, 2011 No. 272, came into force.

Previously, issues of transportation of goods by road were regulated by the General Rules for the Transportation of Goods by Road, which were approved by the Ministry of Automobile Transport of the RSFSR back in 1971 (more precisely, on July 30, 1971), as well as by Order of the Ministry of Transport of the Russian Federation dated 08.08.1995 No. 73 “On approval of the Rules for the transportation of dangerous goods by road transport."

The old rules were based on the norms established by the Charter of Road Transport of the RSFSR, which lost its force in 2009. After the adoption of the new Charter of Road Transport and Urban Ground Electric Transport (Federal Law No. 259-FZ of November 8, 2007), the old Rules in Russia were applied in part , which does not contradict Chapter 40 of the Civil Code of the Russian Federation and the new Charter. That is, essentially, until the adoption of new Rules.

Now the procedure for transporting various types of cargo by road, as well as ensuring the safety of cargo and transport, has been established. In particular, the procedure for concluding contracts for the carriage of goods and chartering vehicles has been regulated, maximum permissible weights, axle loads and vehicle dimensions have been established. The deadlines within which the cargo must be delivered to its destination, the procedure for drawing up reports and filing claims with the carrier are also indicated.

Let us consider in more detail how the new Rules regulate these and some other issues.

Important parameters

The rules, which came into force on July 25, 2011, establish new maximum permissible parameters for vehicles transporting cargo. We are talking about the dimensions, weight of vehicles, as well as their axle loads.

The maximum permissible dimensions must correspond to the following figures (the specified parameters include the dimensions of swap bodies and cargo containers, including containers):

1. by lenght:
   • single vehicle - 12 meters;
   • trailer - 12 meters;
   • road train - 20 meters;
2. in width:
   • all vehicles - 2.55 meters;
   • isothermal vehicle bodies - 2.6 meters;
3. height: all vehicles - 4 meters.

The maximum permissible masses of vehicles are as follows:

1. for cars:
   • biaxial - 18 tons;
   • triaxial - 25 tons;
   • four-axle - 32 tons;
2. for road trains:
   • triaxial - 28 tons;
   • four-axle - 36 tons;
   • five-axle and more - 40 tons.

Contract of carriage

As you know, cargo transportation is carried out on the basis of a contract. The New Rules establish certain requirements for the procedure for its conclusion and execution.

The contract is concluded through the carrier’s acceptance of the order for execution, and if there is an agreement on the organization of cargo transportation, the shipper’s application (clause 6 of the Rules).

The sequence of actions is as follows: the shipper submits to the carrier an order (application) drawn up in free written form. The carrier is obliged to review the submitted document and, within three calendar days from the date of receipt, notify the shipper of acceptance or refusal of acceptance of the order (application).

In case of refusal to accept, the carrier must return the document submitted by him to the shipper and explain in writing the reasons for the refusal. If the order (application) is accepted, the carrier, in agreement with the shipper, determines the conditions for transporting the goods.

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Before concluding an agreement, the shipper has the right to demand, and the carrier is obliged to provide him with, a document (price list) containing information about the cost of the carrier’s services and the procedure for calculating freight charges (clause 8 of the Rules).

After determining and agreeing on all the conditions for transporting the goods, the parties sign an agreement.

The conclusion of the contract is confirmed by the waybill, which is drawn up by the shipper (unless otherwise provided by the contract for the carriage of goods). Its form is specified in Appendix No. 4 to the Rules.

The consignment note, unless otherwise provided by the parties in the contract for the carriage of goods, is drawn up for one or several consignments of cargo transported on one vehicle. It is drawn up in triplicate (originals) for the consignor, consignee and carrier, respectively.

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In the case of loading the cargo to be transported onto various vehicles, it is necessary to draw up a number of invoices that corresponds to the number of vehicles used.

When drawing up an invoice, you need to fill out all its sections if possible. In the absence of all or any individual entries in the “Conditions of Transportation” section of the waybill, the conditions for the transportation of goods provided for by the Federal Law of November 8, 2007 No. 259-FZ “Charter of Motor Transport and Urban Ground Electric Transport” are subject to application, as well as new Rules. In this case, the absence of a particular entry in the invoice is confirmed by a dash in the corresponding column.

The shipping waybill must be signed by the shipper and the carrier. It is certified by the seals of the carrier and the shipper.

Any corrections in the consignment note are certified by the signatures and seals of both the shipper and the carrier.

Charter agreement

The new Rules mention another contract related to the transportation of goods - chartering a vehicle. Such an agreement did not appear in the old Rules governing the carriage of goods.

Document fragment

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Clause 1 Art. 787 Civil Code of the Russian Federation

Under a charter agreement (charter), one party (charterer) undertakes to provide the other party (charterer) for a fee with all or part of the capacity of one or more vehicles for one or more voyages for the transportation of goods, passengers and luggage.

In accordance with the new Rules (clause 13), the transportation of cargo accompanied by a representative of the cargo owner, as well as the transportation of cargo for which no records are kept of the movement of inventory items, are carried out on the basis of a contract for chartering a vehicle for the transportation of cargo. Such an agreement is concluded in the form of an order for the provision of a vehicle. In this case, the parties can establish a different form of agreement, for example, in the form of a separate agreement.

The work order is drawn up according to the unified sample given in Appendix No. 5 to the Rules.

The initiator of concluding a contract for chartering transport for the carriage of goods is the charterer. He submits a work order to the freighter, in which he himself fills in the following items:

• "Charterer";
• "Shipping Name";
• “Accompanying documents for cargo”;
• "Charterer's instructions";
• “Route and place of delivery of the vehicle”;
• "Transportation deadlines."

The charterer is obliged to review the work order and, within three calendar days from the date of its receipt, inform the charterer of its acceptance or refusal of acceptance. In case of refusal, the charterer is obliged to justify the reasons for the refusal in writing and return the work order to the charterer.

When reviewing the work order, the charterer, in agreement with the charterer, determines the terms of the agreement and fills in the following clauses of the work order:

• "Freighter";
• "Conditions of charter";
• “Information on acceptance of a work order for execution”;
• "Vehicle";
• "Other conditions";
• “Amount of payment for using a vehicle.”

If the work order does not contain all or individual entries regarding the conditions of chartering, the parties will have to be guided by the norms provided for by the Federal Law of November 8, 2007 No. 259-FZ “Charter of Motor Transport and Urban Ground Electric Transport”, as well as the new Rules. In this case, the absence of a particular entry in the work order is confirmed by a dash in the corresponding column.

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If during the transportation of cargo the conditions of chartering change, the charterer (driver) is obliged to reflect this by making an entry in the column “Reservations and comments of the charterer” of the work order.

The work order is drawn up in three original copies. They must be signed by the charterer and the charterer, and also affixed with their seals. The first copy of the work order remains with the charterer, the second and third are transferred to the charterer (driver). The third is attached to the charter invoice and sent to the charterer (clause 18 of the Rules).

If the cargo will be transported by several different vehicles, you need to create a number of work orders that corresponds to the number of vehicles used.

Any corrections to the purchase order must be certified by the signatures and seals of both the charterer and the charterer.

Refusal to execute the contract

The new Rules provide for a number of cases when the shipper (charterer) has the right to refuse to fulfill the contract (clause 29 of the Rules). Let's list them:

• the carrier has provided transport and (or) container that is not suitable for transporting the relevant cargo;
• transport and containers were delivered to the loading point late;
• the driver did not present the shipper (charterer) with an identification document and waybill at the loading point.

In this case, vehicles and containers corresponding to the purpose, type and carrying capacity established by the contract are recognized as suitable for the carriage of cargo (clause 23 of the Rules). Such vehicles must be equipped with appropriate equipment. Failure of a vehicle to comply with one of these conditions may serve as grounds for the shipper or charterer to refuse the contract. Moreover, delivery of a vehicle and container that is not suitable for transporting cargo is equivalent to non-delivery.

Lateness is considered to be the delivery of a vehicle to the loading point with a delay of more than two hours from the time established in the order (application) or work order (clause 25 of the Rules). This provision is valid unless the parties by agreement have established a different period.

Delivery times

The carrier is obliged to deliver the goods within the time period established by the contract. However, the parties do not always stipulate this point in the agreement. In such cases, the following delivery times apply (clause 63 of the Rules):

• in urban and suburban traffic, the cargo must be delivered within 24 hours;
• in intercity or international communications, the cargo must be delivered on time at the rate of one day for every 300 km of transportation distance.

The carrier is obliged to inform the shipper and consignee about the delay in delivery.

The consignor and consignee have the right to consider the cargo lost if it was not delivered to the consignee at his request (clause 64 of the Rules):

• for transportation in urban and suburban traffic - within 10 calendar days from the date of acceptance of the cargo for transportation;
• when transported in intercity traffic - within 30 calendar days from the day the cargo should have been delivered to the consignee.

In such cases, the shipper and consignee have every reason to demand compensation for lost cargo. This provision applies unless the parties have established another rule by agreement.

Cargo forwarding

There are often cases when the recipient refuses to accept the cargo for his own reasons, known only to him, beyond the control of the carrier. According to clause 66 of the Rules, in such situations, the carrier has the right to deliver the cargo to the new address specified by the sender, that is, to redirect the cargo.

Redirection of cargo occurs in the following order (clause 67 of the Rules). The driver calls the carrier and reports the date, time and reasons for refusing to accept the cargo. Then the carrier notifies the shipper in writing or by telephone about the recipient’s refusal to accept the cargo and asks for a new delivery address. If the carrier does not receive a new “introductory note” within two hours, then he notifies the sender in writing about the return of the cargo and gives appropriate instructions to the driver.

In the case when the redirection arrived before the cargo was delivered to the recipient indicated in the waybill, the carrier will only need to call the driver and inform him of the new address.

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The costs of transporting cargo when it is returned or re-addressed are borne by the shipper.

We draw up acts

Under certain circumstances, participants in the transport process (carriers, shippers, consignees, freighters, charterers) are forced to draw up acts. In accordance with the Rules, acts are drawn up in cases where (clause 79 of the Rules):

1. the cargo was not transported due to the fault of the carrier;
2. the vehicle and container for loading are not provided;
3. loss or shortage of cargo, damage (damage) to cargo;
4. the cargo has not been presented for transportation;
5. the charterer refused to use the vehicle;
6. delivery of cargo is overdue;
7. delayed or idle:
   • vehicles provided for loading and unloading;
   • carrier containers provided for loading.

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The act must be drawn up by the interested party on the day the circumstances that must be documented in the act are discovered. If it is impossible to draw up an act within this period, it should be completed within the next 24 hours.

If the counterparty avoids drawing up the act, the injured party has the right to draw up the act without his participation. In this case, the draft dodger must be notified in advance in writing about the preparation of the act (unless another form of notification is provided for by the contract).

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It is necessary to make notes on the preparation of the act in the waybill, work order, waybill and accompanying sheet. Such notes must contain a brief description of the circumstances that served as the basis for drawing up the act, as well as the amount of the fine (clause 86 of the Rules). Officials authorized to draw up acts have the right to make notes in the above documents (clause 81 of the Rules).

The act must contain (clause 82 of the Rules):

• date and place of compilation;
• surnames, names, patronymics and positions of persons participating in the preparation of the act;
• a brief description of the circumstances that served as the basis for drawing up the act;
• description and actual size of the cargo - in case of its loss, shortage or damage (spoilage);
• signatures of the parties involved in drawing up the act.

If a report is drawn up in connection with loss, shortage, damage (spoilage) of cargo, then the results of the examination must be attached to it. It is carried out to determine the size of the actual shortage and damage (spoilage) of the cargo. Such an act is drawn up in the presence of the driver (clause 83 of the Rules).

If the person participating in the execution of the act refuses to sign, the reason for the refusal should be indicated in the act.

The number of copies of the act must correspond to the number of persons participating in its preparation. In any case, there cannot be less than two copies of the act. Corrections in the drafted act are unacceptable.

We are writing complaints

See article by R. Avalyan “Making a claim to the carrier” on page 34 of magazine No. 7’ 2011

If circumstances are such that you have to sue an unscrupulous carrier or freighter, then you first need to write a claim to him.

According to Art. 39 of the Federal Law of November 8, 2007 No. 259-FZ “Charter of Automobile Transport and Urban Ground Electric Transport”, before claims are brought against carriers arising from contracts for the carriage of goods, claims must be made against such persons.

A person who has entered into a corresponding agreement with him or the consignee can file a claim against the carrier (freighter).

The claim must be made in writing. There is no single form of claim for all cases, so it is presented in free form. From its contents it should be clear who is demanding what and on what basis.

Claims against carriers and charterers can be brought within the limitation period, which is one year. It is calculated from the date of occurrence of the event that served as the basis for filing a claim, including in relation to:

• compensation for damage caused by shortage, damage (spoilage) of luggage, cargo - from the day of delivery of luggage, cargo;
• compensation for damage caused by the loss of luggage - from the day the luggage is recognized as lost;
• compensation for damage caused by the loss of cargo - from the day the cargo is recognized as lost;
• delays in delivery of baggage and cargo - from the day the baggage and cargo are issued.

Claims are submitted in writing at the location of the defendant.

According to clause 88 of the Rules, the claim must necessarily contain the following information:

• date and place of compilation;
• full name (last name, first name and patronymic) and address of the location (place of residence) of the person filing the claim;
• full name (last name, first name and patronymic) and address of the location (place of residence) of the person against whom the claim is being made;
• a brief description of the circumstances that served as the basis for filing the claim;
• justification, calculation and amount of the claim for each claim;
• a list of attached documents confirming the circumstances stated in the claim (act and delivery note, work order with notes, etc.);
• last name, first name and patronymic, position of the person who signed the claim, his signature certified by the seal.

The claim is made in two copies. One is sent to the carrier (freighter), and the other remains with the person who filed the claim (clause 89 of the Rules).

The carrier (charterer) is obliged to consider the claim presented to him and notify the applicant in writing about the results of the decision made within 30 calendar days from the date of its receipt.

For example, a claim can be made like this:

Example 1

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