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Railway Law

What document confirms cargo damage?

The main document is the Commercial Act, which must be drawn up at the moment of cargo delivery with the railway representative. Without it, claims are often rejected.

What is the deadline for filing a claim?

According to the Railway Code, the deadline is limited (usually 6 months). Missing the deadline deprives you of the right to claim compensation.

Can I use private wagons?

Yes, legislation allows the operation of private wagons, but a special agreement on infrastructure usage is required.

What is SMGS?

It is an international agreement regulating rail freight transport between CIS countries and their partners (including Georgia).

Reading Time

2 min

Published

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Railway Law regulates the rules for passenger and cargo transportation by rail, infrastructure usage, and safety. In Georgia, as part of a regional transit corridor, the railway is a strategically important facility. This field involves complex relationships between Georgian Railway, carriers, cargo owners, and the state. Legal issues concern cargo shipping tariffs, compensation for damaged cargo, railway incidents, and regulation of international shipments (e.g., Baku-Tbilisi-Kars). Legal.ge offers legal services to companies utilizing rail services to protect their commercial interests and ensure safe cargo movement.

What does this service cover?

Railway law specialists offer:

  • Shipping Contracts: Drafting and reviewing agreements with the railway or freight forwarders.
  • Claims and Disputes: Preparing claims and demands for compensation in case of cargo delay, loss, or damage.
  • Tariff Regulation: Consulting on railway tariff policies and negotiating preferential terms.
  • Infrastructure Usage: Legal support for operating private wagons or sidings.
  • International Shipments: Compliance with SMGS (Agreement on International Goods Transport by Rail) rules and documentation.
  • Incident Investigation: Protecting interests during railway accidents.

Common Scenarios and Needs

The service is needed by:

  • Logistics Companies: Organizing multimodal shipments.
  • Importers/Exporters: Shippers of oil products, ores, or other bulk cargo.
  • Wagon Owners: Companies with private fleets.

Georgian Legal Framework

The field is regulated by the Railway Code of Georgia and international agreements (SMGS). JSC Georgian Railway is a dominant player whose activities are also regulated by competition legislation. Liability issues for damaged cargo are determined by the Civil Code and special statutes.

Step-by-Step Process

In case of cargo damage, a commercial act must be immediately drawn up at the railway station. The lawyer helps draft the act correctly. Then a claim is sent. If the railway refuses compensation, the dispute moves to court. At the contract stage, the lawyer checks terms to avoid hidden fees.

Why Legal.ge?

Disputing with the railway is difficult due to specific regulations. Legal.ge connects you with lawyers experienced in transport law who know how to protect client interests in dealings with the monopolist.

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