Article 106³ of the Administrative Offences Code of Georgia establishes administrative liability for a breach of the rules on the carriage of dangerous goods by rail. The carriage of dangerous goods demands particular care, because moving such cargo otherwise than in accordance with the established rules creates a real threat to human life and health, to the environment, to rail infrastructure and to the property of others. For precisely this reason the legislature imposes strict requirements on the rail transport of dangerous goods and, where those requirements are breached, substantial financial sanctions follow. On this page we explain in detail what Article 106³ covers, when an act is treated as an administrative offence under this provision, what fines the article prescribes, and what practical steps a legal entity can take to avoid liability.
What Article 106³ regulates and who is liable
Under the first part of the article, a breach of the rules on the carriage of dangerous goods by rail entails a fine of 5 000 GEL imposed on the legal entity. The sanction of this norm is addressed specifically to the legal entity — the organisation that carries out the carriage of dangerous goods by rail. This means that the fine is not imposed on an individual employee as such: responsibility falls on the company or other organisation that participates in the carriage process. If your company moves dangerous goods by rail, or takes part in such operations in any capacity, it is essential that every rule governing such transport is observed to the letter, because any breach of those rules may constitute the basis for imposing the fine provided for by this article.
The fine for a first breach
For a first breach the article prescribes a fine of 5 000 GEL. This is a significant amount, and it reflects the high public importance of compliance with the rules for the carriage of dangerous goods. The fine is imposed on the legal entity, and its amount is fixed directly by the article, so within the framework of this norm it is neither reduced nor increased. It is equally important to understand that the imposition of a fine does not release the legal entity from its continuing duty of compliance: every subsequent carriage of dangerous goods must likewise be carried out in full conformity with the established rules. Treating a fine as a one-off operating cost would be a serious mistake — legally, financially and reputationally.
Repeat breach within one year
The second part of the article deals separately with the repeated commission of the same act. Specifically, the same act committed repeatedly within one year entails a fine of 10 000 GEL imposed on the legal entity. This construction is deliberate: it distinguishes an isolated breach from systematic negligence and makes the sanction twice as strict where the rules are broken again within a year. In practice this means that if a legal entity has already been fined under the first part of the article and, within one year, breaches the rules on the carriage of dangerous goods by rail again, the next fine will be imposed at the doubled amount of 10 000 GEL. The one-year window makes the doubled sanction applicable to the repetition of the same act, which is why careful record-keeping of past violations matters for every carrier.
The legal entity as the subject of the offence
It follows from the wording of the article that the subject of this administrative offence is the legal entity. For transport companies, freight forwarders, industrial enterprises and any other organisations involved in moving dangerous goods by rail, this means that the risk of a 5 000 GEL or 10 000 GEL fine lies with the organisation itself, regardless of which employee's action caused the breach. That is why internal compliance measures — training, documentation and supervision — are the most effective protection available. A well-organised company makes sure that every person involved in the carriage chain knows the applicable rules and that the company is able to prove its compliance at any time, both to the supervising authority and to its commercial counterparties.
How the fine is imposed and paid
Article 106³ itself does not regulate the details of administrative procedure. The authority competent to draw up the protocol, the time limits for paying the fine, the manner of payment and the procedure for appealing the decision are determined by other provisions of the Code. Accordingly, if a fine has been imposed on your organisation under this article, the further steps — payment, possible appeal, and interaction with the authorised body — must be assessed on the basis of the general rules of administrative procedure. When a decision imposing a fine is received, it should be read carefully, the deadlines indicated in it should be noted, and, where necessary, a lawyer should be consulted to assess the lawfulness of the sanction and the available remedies before those deadlines expire.
Practical recommendations
To minimise the risk of liability under Article 106³, a legal entity engaged in the rail carriage of dangerous goods is advised to take the following measures:
- study the rules on the carriage of dangerous goods by rail and observe them strictly in every shipment;
- train and instruct the personnel involved in the acceptance, loading, carriage and handover of dangerous goods;
- document each stage of the carriage so that compliance can be evidenced if a protocol is drawn up;
- monitor amendments to the applicable rules and update internal procedures in good time;
- involve a qualified lawyer at the stage of drafting contracts and transport documentation.
Conclusion
Article 106³ creates a clear and strict system of sanctions: a breach of the rules on the carriage of dangerous goods by rail entails a 5 000 GEL fine for the legal entity, and the same act committed repeatedly within one year entails a 10 000 GEL fine. Both amounts are significant for any company, so compliance with the dangerous-goods carriage rules is not only a legal duty but also an economic interest. If you need assistance with issues arising under this article, the specialists at Legal.ge are ready to review your situation and to help both with preventing liability and with assessing the lawfulness of a fine that has already been imposed.