Rules of commercial transportations’ performance
Trucking in Latvian Republic is carried out only by licensed haulers on the basis of a contract for cargo transportation. Contracts about the international transportation or transportation of dangerous cargoes are concluded merely in writing. Reception of the order for transportation with registration of the established sample of commodity-transport waybill is also equated to the conclusion of a written contract.
The waybill is issued not less than in 5 copies.
1st copy remains at the enterprise, which has provided the cargo, 2,3,4th – are given to the enterprise, which is receiving the cargo, 5th - remains at a carrier.
In a waybill following data is specified:
In need of a waybill the following is also specified:
- Place and date of the registration;
- Name and address of the forwarder;
- Name and address of the carrier;
- Place and date of cargo acceptance and delivery place;
- Name and address of the consignee;
- Characteristics of the cargo and its packing;
- Number of cargo units, their special labeling and numbering;
- Gross weight of the cargo or quantity of cargo in other units of measure;
- Payments connected with transportation (payment for transportation, additional payments, customs duties and taxes), as well as other payments from the moment of the contract conclusion until the moment of cargo’s delivery;
- Instructions, which should be observed at official registration of customs control papers for export through the national frontier of LR, and at observing the requirements of other supervising bodies;
- If the national frontier of Latvia is being crossed – indication of the fact that transportation is carried out according to Convention CMR of 1956.
- Overload prohibition;
- Payments, which are executed by the consigner; payments, which are executed at the delivery of cargo;
- Cost of those cargoes, in which delivery the consigner is especially interested;
- Instructions of the consigner to a carrier about the cargo insurance;
- Agreed period of transportation performance;
- The documents, given to the carrier;
- Any other necessary data.
The consignor gives the carrier all documents and data necessary for performance of orders of customs and other control bodies. The carrier, during the coordinated time, is obliged to submit a vehicle suitable for transportation and answering to sanitary norms. Suitability of transport for transportation is established by the consigner. He has the right to refuse of cargo transportation if any infringements, which can affect safety of cargo by transportation, are found.
The consigner is obliged to give the cargo for transportation in such a container or packing, which is necessary for its safety. The carrier is obliged to check up, whether loading and cargo fastening in a vehicle answer safety and operation requirements. The carrier has the right to refuse of cargo transportation if the sender refuses to eliminate the ascertained infringements in cargo loading or fastening.
Equipment and auxiliary materials, necessary for loading, are provided and established by the consigner, and the consignee removes them. Means for sheltering and fastening of cargo are provided by the carrier. All equipment belonging to the consigner is given out by the carrier to the consignee together with the cargo, or under instructions of the consigner is delivered back to him. Cargo is loaded into a vehicle, fixed and covered by the consigner, and the consignee removes coverings and fastenings and unloads the cargo. The carrier under the agreement with the consigner or the consignee can be engaged in loading and unloading the cargo. After unloading the carrier puts the vehicles and containers in an appropriate order (including cleaning and disinfection) at his own expense. The listed typical distribution of duties can be changed by conditions of a special contract.
The consigner and the consignee have the right to recognize the cargo lost, and demand compensation if the cargo is not given out within 30 days after the contract-coordinated moment of cargo delivery, or in case the delivery moment is not specified by the contract - within 60 days after cargo acceptance to transportation.
The consigner has the right to demand the carrier to interrupt the transportation, change the place of delivery of cargo or give out the cargo to the consignee, who has been not specified in a waybill. Thus the consigner represents to the carrier the first copy of a waybill, where new instructions and an order of compensation to the carrier of costs and damage at performance of the mentioned instructions are specified. Division of cargo transported on one waybill or indivisible cargo is prohibited. Performance of the instructions should be possible for that person, who at the moment has the right to order the cargo; and should not disturb a normal course of work of the carrier enterprise. The carrier, who could not execute the instructions in the determinate order, or has executed them without representing the first copy of the waybill, is responsible for possible damage. The right of the aforementioned requirement passes to the consignee after he gets the 2,3,4th copies of the waybill. The cargo is transferred to the consignee in the destination station on weight and quantity in the same order as it was accepted from the consigner. The carrier is not obliged to participate in weight, condition and number of cargo’s units control, if the delivery was carried out in closed vehicles, trailers and containers with intact seals of the consigner. If the cargo is delivered in an open, damaged body or in a body with broken seals, or if perishable cargo is delivered with a delay or infringement of transportation mode, the carrier should participate in transferred cargo’s control. If container damages are found, the carrier together with the consigner open and check the damaged cargo units.
The carrier and the consignee certify acceptance and transfer of the cargo by signatures and seals in all copies of the waybill, from which three are given to the consignee. If shortage or damage of cargo is ascertained, the carrier and the consignee mention it in the waybill or draw up the statement.
The consignee has the right to refuse cargo acceptance fully or partially if it has in or partially become unfit for use, and also if it is addressed to the other person. The consignee should prove the impossibility of cargo usage. Till the moment the carrier has not received corresponding instructions on the cargo disposal from the consignor, the consignee can change his decision and accept the cargo. The consignee, who has unreasonably refused to accept the cargo, is responsible for the damages of the cargo, which can arise after the given refusal. If the consignee refuses to accept the cargo, the consigner can readdress the cargo to another consignee. If there are circumstances interfering transfer of cargo in the specified place, the carrier requests instructions from the consigner. The consigner gives instructions to the carrier on readdressing or realizing the cargo. If it is impossible to deliver the cargo to a new place the carrier can refuse to transport the cargo and return it to the sender.
Not waiting for the instructions from the sender, the carrier can sell the non-accepted cargo, if:
- It is demanded by the condition of the cargo or its damage;
- Storage costs are excessive in comparison with usual cost of the cargo; instructions of the sender or his representative are not received in the term, specified in the contract.
The carrier returns the sum received from the sold cargo to the consignee, minus realization costs. If the income exceeds the cost of the cargo and expenses on realization, the carrier has the right to keep the difference.
If the delivered cargo cannot be transferred because of the refusal of the consignee or for any other reason, the carrier can unload it at the expense of the consigner and entrust its storage to the third party, being born by responsibility only for the choice of the mentioned person. In that case transportation is considered finished. The carrier can also deliver the cargo back at the expense of the consigner.
The sender is obliged to indemnify the loss, which has arisen due to the execution (or default) provided by the contract of transportation and statutory acts of sender’s duties, or by transfer for transportation of the cargo forbidden for transportation or demanding special security measures, not informing the carrier about the mentioned facts, and also at wrong specification of cargo’s name or properties.
The carrier is responsible for full or partial loss, shortage or damage of the cargo, made from the moment of cargo acceptance till the transfer moment, as well as for the delay of delivery. The carrier is responsible for cargo, being unsafe, if the consignee or another competent person proves that the damage of cargo has arisen because of the carrier. The carrier is obliged to indemnify the loss, which has arisen due to the execution (or default) provided by the contract of transportation and statutory acts of carrier’s duties.
The carrier indemnifies loss at the rate of the following:
Indemnifying the ascertained loss, the carrier also compensates the received payment for transportation.
- For loss or shortage of the cargo - usual cost of the lost or missing cargo;
- For cargo damage - the sum of cargo’s cost reduction;
- For loss of the cargo with preliminary declared cost - at a rate of the declared cost if the carrier does not prove, that the cargo cost has been overestimated.