The foundations of railroad law
The Georgian Code on Railroad Transport defines the economic, legal, organizational and technological foundations of the functioning of railroad transport, its place and role in the country's economy and social sphere, regulates the legal relations arising from the use of railroad services, and establishes the rights, obligations and liability of their participants. The Code also defines the procedure and conditions for the provision of public railroad transport services, as well as the procedure and conditions for concluding a public service contract.
The Code applies to the railroad system, the carriage of passengers by rail, the transportation of freight, luggage, cargo luggage and mail, and to activities related to the functioning of the railroad system. The state promotes the development of railroad transport and, given its strategic and social role, creates favourable conditions for the functioning of this branch — this norm sets the statist accent of railroad law.
Management and state property
Railroad transport is managed under the procedure established by Georgian legislation. The annual budget of expenses, the economic plans — including investment and financial programmes — and the procedure for distributing net profit remaining after the payment of taxes are developed and approved by the meeting of railroad partners in accordance with legislation.
In terms of property control the decisive norm concerns the main line track: the alienation of an operating main railroad track, existing in the capital of an enterprise owned by the state or operating with state equity participation, or recorded on its balance sheet, together with its protection zone, is inadmissible, except for the placement of this property in an enterprise operating with more than 50 percent state equity participation. The track thus remains under state control, and its alienation is possible only in a strictly limited form.
Carriage of passengers and service
The railroad is obliged to ensure the carriage of passengers, the timely delivery of luggage, cargo luggage and mail to their destination, the safety and quality service of passengers in the station and the train, the creation of conditions necessary for travel, and the protection of luggage and cargo luggage. Passenger trains run according to the schedule; the passenger car, the station and other buildings intended for passenger service must be technically sound and comply with construction-sanitary and other established requirements.
The categories of passenger trains are: by speed — express and passenger; by distance — international, main-line and regional. The criteria for the categories and their speeds are established by the rules of carriage. The station must be equipped with a boarding platform, a canopy, a pedestrian tunnel and footbridge for pedestrians, a ticket office, a luggage reception-and-delivery room, a waiting hall and other facilities, and a border station also with the engineering-technical means for border and customs procedures. The passenger must be provided with information on entry and exit, travel, transportation charges and other necessary information.
Protection of passengers' rights and the Agency's supervision
When selling a ticket, the railroad enterprise, the station manager, the ticket seller and the tour operator must provide the passenger, by various means including electronic publication, with general information on his rights and obligations — including the right to submit a complaint — and indicate the specific place where the passenger can receive this information in case of cancellation or delay of the service. The passenger may address a complaint to the railroad enterprise or the station manager within 3 months from the occurrence of the situation giving rise to the right of claim; the complaint is examined within 1 month.
Supervision over the protection of passengers' rights is exercised by the Agency: it provides consultations, examines complaints and inspects compliance with the Rules on the Protection of Railroad Passengers' Rights. Upon discovering a violation, the Agency may demand elimination of the deficiency in the form and period it indicates, give written advice and recommendations in the case of a minor violation, or impose administrative liability on the offender and draw up a report on an administrative offence. The fulfillment of the demand is mandatory within the period set by the Agency.
Safety of movement
The territories of railroad stations, buildings, passenger platforms and structural units, and the railroad tracks on which trains move and shunting and loading-unloading operations are performed, constitute zones of increased danger; the presence of unauthorized persons in these zones, unless caused by official necessity, is prohibited. The rules of presence, work and movement on the track are established by the railroad. The rolling stock, containers and other technical means must comply with the requirements of movement and fire safety, labour and environmental cleanliness, and liability for violations of the safety rules is borne by the guilty persons in accordance with legislation.
The issues of passenger rights protection are detailed in separate rules: the Rules on the Protection of Railroad Passengers' Rights are approved by a normative act of the Minister of Economy and Sustainable Development. The Code thus sets the framework, while detailed procedures pass into subordinate legislation. The prohibition of discrimination also belongs to this sphere: the railroad enterprise, the ticket seller and the tour operator must offer the passenger contractual terms and tariffs without direct or indirect discrimination based on citizenship or place of establishment.
Frequently asked questions
Where and within what period may a complaint be filed?
With the railroad enterprise or the station manager — within 3 months of the circumstance giving rise to the claim; the complaint is examined within 1 month.
How does the Agency protect passengers?
Through consultation, examination of complaints and inspection; on discovering a violation it demands correction, recommends, or imposes administrative liability.
What is prohibited in zones of increased danger?
The presence of unauthorized persons unless caused by official necessity; the rules of presence and movement are established by the railroad.
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