Grounds of Carriage by Rail
The legal regulation of railway freight transport rests on the norms of the Georgian Code on Railway Transport. Under Article 11 of the Code, carriage of goods by rail is carried out on the basis of a carriage contract — a waybill and other documents. Where certain conditions of carriage are not provided for by Georgian legislation, they are determined by contract. This norm names the boundary of contractual freedom: what legislation has not regulated imperatively is the subject of the parties' agreement.
The Waybill and Its Function
Article 12 of the Code defines the waybill as the basic document of carriage: on the basis of the waybill the railway undertakes to deliver the goods handed to it by the consignor, in observance of the conditions of carriage, to the destination railway station and to hand them over to the consignee, while the consignor is obliged to pay the established fee for the carriage and for other services. The form and requisites of the waybill, and the procedure for filling it in, are determined by the Civil Code and by the rules of carriage of goods by rail. The waybill is drawn up in the name of the consignee, signed by the consignor and the railway, and at the destination station is handed to the consignee together with the goods. The day of acceptance of the goods for carriage is considered to be the date marked with the calendar stamp of the railway station on the waybill — this moment is the reference point for counting subsequent periods and liability.
General Agreements
Article 13 of the Code regulates long-term relations: the railway and the consignor may, where necessary, conclude a long-term general agreement on the organization of carriage, defining the volume of goods to be carried, the deadlines of presentation, the transport means to be allocated and other conditions not provided for by the Code and the carriage rules. On the basis of such an agreement the railway undertakes to accept for carriage goods in the agreed quantity, and the consignor must present them within the agreed deadline. The railway also has the right to conclude a long-term general agreement on the organization of passenger transport with the relevant person, defining the requirements, the fare and other conditions. The general agreement and the waybill do not exclude each other: the former is an instrument of large-volume planning, the latter the document of an individual consignment.
Dangerous Goods
Article 13-1 of the Code assigns a separate regime to dangerous goods: the rule for their carriage by rail is approved by a normative act of the Government of Georgia, and the railway is entitled to carry dangerous goods on the territory of Georgia in accordance with the annex on the carriage of dangerous goods of the Convention on International Railway Carriage of 9 May 1980, and/or the Agreement on International Railway Freight Communication of the Organization for Co-operation of Railways of 1 November 1951. Conformity with the international transport system is regarded as the guarantee of the safety of dangerous goods carriage.
Planning and the Manner of Carriage
Article 16 of the Code regulates planning: the railway elaborates annual and quarterly indicative plans of freight transport on the basis of the applications of consignors. The consignor is obliged to submit the application, for local carriage, no later than 10 days before loading, and for international or direct mixed carriage, no later than 15 days before the beginning of the calendar month; applications for additional quantities and for goods not provided for by the plan are submitted within the same periods. Goods intended for eliminating the consequences of emergencies are carried by the railway immediately upon their acceptance. The application is submitted in 3 copies: one, with the date of receipt marked, is sent to the consignor, the second to the forwarding railway station, and the third remains with the railway. Under Article 17 of the Code, carriage is carried out by routed transport, by groups of wagons, by wagon, by container and by small consignments; carriage takes place at freight or high speed, the sections and directions of high-speed carriage being determined by the railway, while the speed is chosen and indicated in the waybill by the consignor — where the carriage requires high speed, this indication is mandatory.
Frequently Asked Questions
On what basis is carriage by rail carried out?
On a carriage contract — a waybill and other documents; conditions not provided for by legislation are determined by contract. The waybill is drawn up in the name of the consignee and handed over together with the goods.
When and how is the application submitted?
For local carriage — no later than 10 days before loading; for international or direct mixed carriage — no later than 15 days before the start of the calendar month; additional and unplanned goods follow the same deadlines. The application is submitted in 3 copies; goods for eliminating emergencies are carried immediately upon acceptance.
How are dangerous goods carried?
The rules are approved by a normative act of the government; the railway may carry dangerous goods under Annex C (RID) of the Convention of 9 May 1980 (COTIF) and/or the Agreement of 1 November 1951 of the Organization for Cooperation of Railways (SMGS).
Who chooses the speed of carriage?
The speed is chosen and indicated in the waybill by the consignor; where high speed is required, the indication is mandatory. High-speed directions are set by the railway, which may also establish high-speed sections for local carriage.
How We Help on Legal.ge
Railway freight law is written on three levels: imperative norms in the Code, detailed rules in the carriage rules, and the parties' agreement in contracts. On Legal.ge you can consult a lawyer on waybills, general agreements and application deadlines. Submit a request and get qualified assistance.