Transport Law [1]
Act of 15 November 1984 r. (Dz.U. No. 53, Item. 272)
Section 1.
General Provisions
Art. 1. [Scope]
1. The Act regulates the transportation of passengers and goods, performed under the contract fee, by authorized carriers, with the exception of maritime transport, aviation and equestrian.
2. Provisions of this Act shall apply to the carriage performed by the carrier free.
3. This Act applies to international transport, If an international agreement provides otherwise.
Art. 2. [Obligation to inform]
1. The carrier is obliged to make public the scope of its activities, addresses in particular the checking and the way of concluding the contract of carriage.
2. The operator of a regular passenger services, in particular, is obliged to make public the schedule of vehicles by placing information at all railway stations and bus stops listed in the schedule.
3. Carriers operating a regular passenger services are required to periodically update and publish information about the communication performed.
Art. 3. [The obligation to transport passengers and goods]
1. In terms of the given to the public, the carrier shall transport people and goods.
2. The carrier is obliged to use means of transport suitable for the carriage.
Art. 4. [Regulations]
The carrier or the organizer of public transport, referred to in the provisions of the Act of 16 December 2010 r. the public transport (Dz.U. No. 5, Item. 13), may issue regulations specifying the conditions for travelers, clearance and transport of people and goods.
Art. 5. [The authorization for other carriers]
The carrier may delegate performance of the transport to other carriers on the entire space of the carriage or part thereof, however, is responsible for their actions and for their own.
Art. 6. [Develop]
1. The carriage can be performed by several carriers of the same or different modes of transport under a single contract of carriage, and a single transport document, in the regular carriage of passengers on public transport, Carriers may perform those services in an integrated system of tariff-ticketing or other joint document of carriage; carriers liability is joint and several.
2. In matters not regulated separately, the provisions of the applicable carrier over the carriage performed by him.
3. Carrier, who has paid compensation, have recourse to the carrier bears the responsibility for the circumstances, of which the damage resulted. If these circumstances can not be determined, responsibility of all the carriers according to the amount attributable to the transportable; is free from liability carrier, which proves, that the injury was not in the performance of the transport.
Art. 7. [Exemptions]
The carrier shall be relieved of the requirement to, if:
1) there are circumstances preventing carriage, which the carrier could not avoid and prevent their effects,
2) customer does not comply with the provisions of the traffic,
3) for the subject of transportation is not possible to execute it using the available resources and transport equipment.
Art. 8. [Limitations]
1. The obligation of carriage may be limited by:
1) Minister responsible for transport, and in relation to regional, county or municipality for regular passenger transport respectively by the governor, starost, the mayor or the mayor (Mayor) – because of the need for defense or national security or in the event of a natural disaster,
2) carrier – in the event of a natural disaster, interruptions in service, special difficulties caused by the customer, for economic reasons, which the carrier could not have foreseen, as well as traffic safety due to the agreement and the terms of the:
a) Minister responsible for transport or governor – for carriers, for which the appropriate Minister or the Governor serves as the founding body,
b) the Minister of the Treasury – for carriers, to which the minister serves as the founding body, or exercise the powers of the shares,
c) Marshal or County Head – for carriers, for which the appropriate province or county board shall exercise the powers of the shares.
d) (repealed)
Consent is not required, if the requirement to use organic for a period not longer than 7 days.
2. Restrictions may include complete or partial suspension of the transport, excluded from the carriage of certain categories of items, transport relations or check points, transport suspended at the indicated days or addiction transport to certain conditions.
3. Restrictions on the carriage shall be made public in the usual manner.
Art. 9. [Authorization]
1. The minister responsible for transport may require the carrier to conclude a contract for the transport task, if this is necessary due to the needs of national defense or national security or in the event of a disaster.
2. In the case of natural disasters duty, referred to in paragraph. 1, mayor may impose appropriate (mayor, Mayor), mayor or governor.
3. In the cases referred to in paragraph. 1 i 2 body imposing the obligation to provide carrier to the resources necessary to comply with imposed task or indicate the entity, which is under contract with the carrier will provide the financial resources to perform this task.
Art. 9a. [Authorization]
In the event of a serious disturbance in the market of transport services by inland waterway, including the excessive supply of capacity, Minister responsible for transport may, by regulation, to restrict the carriage of goods by inland waterway, specifying their duration and territorial scope of their application or, taking into account the measures taken by the European Commission under the relevant provisions of the European Union.
Art. 10.
(deleted)
Art. 11. [Tariff, pricing]
1. The carrier is obliged to disclose to the public, in the usual manner, established or used by the tariff or price lists.
2. The carrier provides interested parties free access to any applicable provisions of traffic.
Art. 11a. [Obligation to agree timetables]
1. The operator of a regular international services in transport by rail or road is required to coordinate with the competent local customs authority means of transport timetables, a particular time and place of the crossing over the border measures and when they stop at border crossing points.
2. The obligation of the international inland waterway, referred to in paragraph. 1, managing bodies of pregnancy on the border crossing river.
3. In the international inland waterway transport and international rail entities listed in paragraph. 1 i 2 are required to immediately notify the appropriate local customs authorities of all cases of crossing the border by means of transport outside the timetable.
Art. 12.
(repealed)
Section 2.
Carriage of passengers and luggage
Art. 13.
(deleted)
Art. 14. [Obligations of carrier]
1. The carrier is obliged to provide travelers adequate conditions of safety and hygiene and comfort and proper support.
2. The carrier should take measures to facilitate travelers, particularly persons with reduced mobility and persons with disabilities, use of means of transport.
Art. 15. [Responsibilities of the traveler]
1. The passenger is obliged to comply with police regulations in force in the transport.
2. Persons threatening the security or order in the transport may not be accepted for carriage or removed from the truck.
3. Those troublesome to travelers, or refusing to pay charges for the carriage can be removed from the truck, this would infringe the rules of social.
4. Minister responsible for transport issues in consultation with the Minister responsible for public administration may determine the, by regulation, cleanup regulations relating to the carriage of passengers and luggage transport, subject to paragraph. 5 i 6.
5. With respect to municipal and regular passenger transport services for passengers and luggage by taxi regulations drawn up by the municipal law enforcement, and within the city of Warsaw – Council of Capital City of Warsaw.
6. With regard to the district regular passenger transport regulations drawn up by the county law enforcement, and for the regional regular passenger transport – Voivodeship.
7. The municipal council (Council of Capital City of Warsaw) may require the use of supplementary indications and additional technical equipment for the taxi.
Art. 16. [The contract of carriage]
1. The contract of carriage is concluded through the purchase of a ticket before you travel or meeting other specified by the carrier or provider of public transport conditions for access to the means of transport, and in the event of failure to – by simply taking a seat in the middle transportation.
2. Na bilecie, referred to in paragraph. 1, is placed:
1) name of the carrier or provider of public transport,
2) relationship or a passing zone,
3) amount of the fare,
4) Terms of Reference of the passenger to discounted travel.
3. The ticket can be placed other information, including personal data of the passenger, if it is necessary for the carrier or provider in the regular carriage of passengers.
4. Data and information, referred to in paragraph. 2 i 3, are saved in the electronic ticket, if the ticket is electronic.
Art. 17. [Amendment or withdrawal]
1. Passengers can change the contract of carriage or withdraw from it before starting the journey or in a place to stop the truck on the road transport.
2. Changing the contract of carriage may be affected:
1) date of departure,
2) place of destination,
3) Class means of transport.
3. In order to make changes, referred to in paragraph. 2, the traveler must obtain the appropriate certification from the carrier, and possibly get a refund or pay the difference due.
4. The traveler, who withdrew from the contract of carriage, or which, under Article. 15 not allowed to carry or removed from the truck, entitled to reimbursement of charges applicable to the provision of transport is not used after the deduction of charges (Skrivanek). Deductions shall not apply, If the traveler withdraws from the contract of carriage for reasons attributable to the carrier.
5. The provisions of paragraph. 1-4 do not apply to public transport.
Art. 18. [Failure to transport]
1. If, before the start of transport, or at run time circumstances arise which prevent its execution pursuant to this contract, carrier shall immediately notify the passengers and provide them at no additional charge transport to the destination by using their own or other means of transport (alternate transportation).
2. In the event of a break in service or loss of connection included in the timetable, the traveler reimbursement is owed for the entire journey interrupted, and in addition it can charge back to the place of departure, unless the carrier is not possible to arrange such transportation.
3. The provision of paragraph. 2 does not apply to journeys made on the basis of eligibility for travel tickets and multiple transport.
Art. 19. [Group Agreement]
The Agreement contains a group of passenger carrier of such transport organizer, hereinafter referred to as “organizer”.
2. (deleted)
3. (deleted)
Art. 20.
(deleted)
Art. 21. [Carriage of group of people]
The transport group is the responsibility of the organizer is to oversee compliance by the participants of group of police regulations; organizer and participant jointly and severally liable for damage to property of the carrier, unless the parties agree otherwise.
Art. 22. [Develop]
To block the transport of persons, the provisions of Article. 17 i 18.
Art. 23. [Freight travel]
1. The passenger may take with them into the truck stuff, as well as give them to the carriage as registered luggage.
2. With the carriage referred to in paragraph. 1 are excluded:
1) stuff, whose carriage is prohibited by other regulations,
2) things dangerous or likely to cause damage to persons or property,
3) delay and the remains of human corpses.
3. In case of reasonable suspicion, carrier may check, whether the contents of the luggage does not affect the provision of paragraph. 2; if the traveler does not report to participate in the check or you can not find, check performed in the presence of people invited to this action by the carrier.
4. In the event of breach of disclosure provisions of paragraph. 2 costs associated with verification of delivery shall be borne by the traveler.
Art. 24. [Points of clearance items]
1. The carrier takes shipment luggage check-in counters in the public domain or directly in the form of transportation, the consignment is to be carried.
2. The carrier shall determine the mass and number of the shipment and pay the amount due for shipping and proof of acceptance of your shipment and payment of claims appear passenger baggage check.
3. The registration of the luggage directly to the center of mass transport shipments can be defined for the purposes of tariff estimated.
4. Carrier may refuse to accept things as luggage, which due to their condition or properties may be in transit damaged or destroyed, where the packaging is inadequate, or by the lack of the required packages. If you take these things into the carriage the carrier shall inform the appropriate note in the luggage registration voucher.
Art. 25. [Baggage check]
1. Baggage check shall contain the data necessary to identify the shipment and the amount of freight charges.
2. The contract of carriage of the luggage shall be deemed concluded upon the transfer of shipping carrier and adoption by the travel voucher.
Art. 26. [Cargo operations]
The carrier is obliged to perform the operations of cargo clearance at designated points (art. 24 paragraph. 1), unless the registered luggage is broadcast directly to the truck or from the spent.
Art. 27. [Declaration of value of the consignment]
1. Passengers may declare the entire value of the luggage, or any of its pieces separately; declared value should not exceed the actual value of the consignment.
2. The carrier may check the compliance of the declared value of the real and in case of objection mentioned in the luggage registration voucher.
3. In the event of a dispute as to the amount of the declared value of the consignment, Travel may require, to the appraiser determined the value. If the declared value exceeds more than twenty percent of the value determined by a valuer, expert costs borne by the passenger.
Art. 28. [Restrictions on the carriage]
1. The carrier is obliged to announce in timetables or other suitable means to limit the possibility of carriage of luggage in the various classes of vehicles designed to carry persons.
2. Passengers may indicate a course or courses of vehicles, registered luggage which is to be carried; otherwise the goods are carried in the first possible course.
3. Carrier may refuse to accept the luggage on the course indicated by the passenger transport means, if you upload it to delay the departure of the measure.
4. (deleted)
5. If the obstruction was in the carriage of the reasons attributable to the carrier, Travel may require:
1) return shipment to the place of origin or release the consignment at the site of the obstacles; in such cases the provision of Article. 18 paragraph. 2 shall apply mutatis mutandis,
2) consignment to a destination other way; In this case the carrier is not entitled to additional charges.
If you can not travel by way of a notice in the carriage or not received from him the command, transport is carried out in accordance with the provisions of paragraph 2.
Art. 29. [Deadline for consignment]
1. The term carriage of the luggage shall be determined by means of transport timetable, the consignment is to be carried, and for consignments issued check-in counters – plus the time required to prepare a package to deliver, but not more than 1 hours.
2. The term carriage of the luggage shall be extended, if the carrier is not at fault, the period of her detention by:
1) verification of the consignment in accordance with the provisions of Article. 23 paragraph. 3, when it was excluded from the transport of goods,
2) perform activities required by the specific provisions,
3) amendment to the contract of carriage or transportation barriers,
4) restrictions imposed under the provisions of Article. 8.
3. The delay in the delivery of luggage shall be calculated from its issuance of the request after the deadline specified in paragraph. 1, including the retention periods specified in paragraph. 2.
Art. 30. [Issue of the luggage]
1. The carrier shall deliver the consignment to the holder of the baggage check baggage for his return and is not obliged to check, whether the person claiming the baggage voucher is entitled to receive the goods.
2. The carrier may take a person over the registered luggage, which may not be of the voucher, but prove its entitlement to receive; When in doubt, the carrier may require appropriate security.
3. In case of delay in the carriage of the luggage, the carrier must, at the request of the holder of the voucher, noted in this document, the date and time to demand the delivery, and then notify him of the arrival of the consignment.
Art. 31. [Withdrawal from the contract travel]
To withdraw from the contract of carriage travel luggage, the provisions of Article. 17.
Art. 32. [Registered luggage]
For luggage, assigned by the organizer of the transport group, the provisions of Article. 23-28, with the exception of Article. 25 paragraph. 2.
Art. 33. [Shipment lost]
Registered luggage, which did not come to a destination within 14 days after the expiry of the transport, considered to be lost.
Art. 33a. [Inspection of documents]
1. The carrier or public transport organizer, or a person authorized by him, possess a identifier in a prominently displayed, may inspect the documents of carriage of passengers or luggage.
2. ID, referred to in paragraph. 1, contains in particular:
1) name of the carrier or provider of public transport,
2) identification number of the person making the inspection of documents of carriage of passengers or luggage,
3) photo control,
4) scope of the authorization,
5) the period of validity,
6) stamp and signature of the issuer (carrier or provider of public transport).
3. In case of absence of an instrument carriage, the carrier or public transport organizer, or a person authorized by the appropriate charge for the carriage charge and an additional levy or issue a request for payment.
4. In case of absence of a valid document certifying the entitlement to free or discounted travel carrier or public transport organizer, or a person authorized by the appropriate charge for the carriage charge and an additional levy or issue a request for payment. Downloaded charge for carriage and any additional fee, on payment of fee equivalent to the cost incurred by the carrier or provider of public transport, recoverable, and in the case of requests for payment – redemption, in the case documented by the traveler, no later than 7 days from the date of travel, entitlements to free or discounted travel.
5. If you possess a valid travel document of carriage, he did not have during the journey, for a refund and remission of charges for carriage and the additional provision of paragraph applies. 4 The second sentence.
6. The carrier or public transport organizer may specify in the rules of carriage or tariff reduction in the amount of the surcharge in the event of payment immediately or within a period specified in the request for payment.
7. The carrier or public transport organizer, or a person authorized by him shall have the right:
1) if they refuse to pay debts – ask to see a document that would enable the identity of the traveler,
2) in the event of failure to pay debts and produce the document – include the travel and return it immediately to the police or other law enforcement authorities, which are in accordance with the provisions of the law to stop travel and take steps to establish his identity,
3) in case of reasonable suspicion, that the transport document or a document authorizing them to travel free or discounted is counterfeit or forged – keep the document on receipt and send it to the prosecutor or the Police, to notify the issuer.
8. In the case of, referred to in paragraph. 7 Item 2, until the arrival of a police officer or other law enforcement authorities, passenger must remain at the controls or at any other location designated by the carrier or provider of public transport or a person authorized by him.
Art. 34. [Authorization]
1. The operator of a regular passenger road transport is required to be reported in writing to the competent organizer of the changes to the timetable, no later than 30 days prior to the upgrade schedules at specific times.
2. Minister responsible for transport issues shall specify, by regulation:
1) Approval Mode timetables,
2) content of the schedules,
3) manner and timing of the publication and updating schedules,
4) terms of the costs associated with posting information on schedules and feeding schedules to the public
– whereas differentiation of the cost of transport, depending on their participation in transportation, and the diversification of the types of vehicles used in public transport.
Art. 34a. [Authorization]
1. Minister responsible for transport issues shall specify, by regulation:
1) methods of determining the additional charges levied in the event:
a) lack of appropriate transport document,
b) absence of a valid document certifying the entitlement to free or discounted travel,
c) failure to pay charges for taking with you into the center of the carriage of goods or animals, or violation of the provisions of the Carriage,
d) cause, without just cause, stop or change the route of transport
– Given the diversity of additional charges, depending on the losses incurred by the carrier and due to the imposition of the surcharge;
2) methods of determining the fee to the carrier afforded, whereas their costs of activities associated with repayment or remission of the surcharge.
2. With respect to municipal, county and regional regular passenger transport, rules, referred to in paragraph. 1, denote the municipal council, district council or the Parliament of the, in the capital city of Warsaw - the City Council of Warsaw.
Section 3.
Carriage of cargo
Art. 35. [Consignment of goods]
1. Shipment of goods are accepted for carriage of goods under one bill of lading or other shipping document, hereinafter referred to as “bill of lading”.
2. The types of packages depending on the weight or volume and due to the transport term determines the tariff or price list.
Art. 36. [Exemptions from the Carriage]
1. The carriage does not stuff:
1) whose carriage is prohibited by other regulations,
2) which because of its size, weight or other property or equipment due to the carrier or the traffic conditions of the transport modes are not suitable for the carriage means of transport,
3) dangerous within the meaning of separate regulations, unless they have been accepted for carriage under the specific conditions.
2. Minister responsible for transport issues in consultation with the minister for home affairs, minister responsible for health and the minister responsible for agriculture, by regulation, may specify the particular conditions of carriage:
1) of perishable goods,
2) corpses and remains of human corpses,
3) live animals
– view to ensuring the safety of the transport, required conditions of transport and sanitation to ensure protection of health and the environment.
Art. 37.
(deleted)
Art. 38. [Waybill]
1. The sender is made for the shipment of goods to the carrier bill of lading, and if a given type of transport is a widely accepted, otherwise provided the information necessary for the proper performance of the transport.
2. The consignment note shall contain the sender:
1) name and address of the sender, his signature and to identify the contracting carrier's facility,
2) destination of the consignment and the name and address of the recipient,
3) identify things, weight, the number of packages, method of packaging and labeling,
4) other indications and statements, required or authorized under the provisions with regard to conditions of an agreement or a settlement.
Art. 39. [Transport documents]
1. The sender shall attach to the bill of lading documents required by the specific provisions, and if unable to join provides them in a timely manner at the required action settlement, by posting on the consignment note to include reference to appropriate documents or place of deposit.
2. The steps required by the specific provisions shall be obliged to arrange:
1) sender – in place to give,
2) carrier – in transit,
3) recipient – at destination.
Art. 40. [Declaration of value]
1. If the value of goods carried is not clear from the account either the seller or supplier of the price for, sender can declare the value of the consignment.
2. In the event of declaring the consignment of goods to the relevant provisions of Article. 27 paragraph. 2 i 3.
Art. 41. [The state of things to carry]
1. The sender is obliged to give the carrier things in their proper condition for carriage and release, without loss or damage.
2. Stuff, which, because of their properties require packaging, broadcaster is obliged to pay the carrier in the package specified in the regulations on standardization, and in the absence of legislation in this area – in the manner prescribed by the minister responsible for transport.
Art. 42. [Develop]
1. Carrier may refuse carriage of goods, whose condition is defective or inadequate packing, or not having the required packages.
2. The carrier may make the acceptance for carrying goods, the packaging of which does not correspond to the conditions specified in Article. 41 or traces of damage, the inclusion by the consignor in the consignment adequate statement of the consignment.
Art. 43. [Cargo operations]
1. If a contract or a specific provision provides otherwise, cargo operations are properly the responsibility of the sender or recipient.
2. Sender, recipient or other entity engaged in cargo operations is required to perform them in a way that a consignment of goods in accordance with road traffic regulations and provisions on public roads, in particular, that no road safety hazard,exceeding the maximum permissible weight of vehicles or exceeding the permissible axle loads
Art. 44. [Develop]
The sender and recipient are required to lead to a clean and tidy the area and means of transport carrier in connection with the contaminated cargo operations. The same obligation is incumbent upon the carrier, if he makes loading operations in the sender's or consignee.
Art. 45.
(deleted)
Art. 46. [Routing]
1. Way of the consignment the carrier shall, including where possible requests broadcasters.
2. Carriage is calculated according to distance the shortest accessible route of carriage, and if the sender includes a request for a longer road or road transport was necessary because of the long delivery properties – according to the actual road transport.
Art. 47.
1. (deleted)
2. Person, which gives the carrier the shipment for carriage, considered to be authorized by the sender to perform all activities related to the contract of carriage.
3. Evidence of a contract of carriage shall be confirmed by the carrier bill of lading, which may be an electronic transmission, computer printout or other document containing the information specified in Article. 38. One copy of the document is given to the sender.
4. (deleted)
Art. 48. [Verification of the consignment]
1. The carrier may check the, whether the consignment complies with the sender's statements contained in the consignment have been preserved and that the rules on things allowed to be carried on special conditions.
2. This is done in the presence of the sender, and if you call it is not possible or if you do not arrive within the prescribed period, the carrier shall check in the presence of persons invited by them to this activity.
3. The checking shall be included in the consignment or the accompanying Memorandum.
4. In case of non-compliance statements in the consignment note with the actual state shipment, check the shipping costs charged to.
5. In case of revealing things excluded from carriage or failure to observe provisions concerning things allowed to be carried on special conditions, , the provisions of Article. 55.
Art. 49. [Obligations of carrier]
1. The carrier is obliged to carry the load in a given period.
2. If there is no fault of the carrier, consignment deadline is extended by a period of her detention because of:
1) check, resulting in non compliance with the data from the bill of lading, or failure to observe provisions concerning things allowed to be carried on special conditions,
2) perform activities required by the specific provisions,
3) changes in the contract of carriage or transportation barriers or release shipment,
4) overload or the need to improve load,
5) implementation of specific activities relating to the consignment,
6) restrictions imposed under Article. 8.
3. If the carrier does not operate on public holidays, period shall be suspended for the carriage of these days.
4. The cause and time of renewal and suspension of the period of carriage the carrier shall indicate the jet in the consignment.
5. If the deadline expires in hours transport, where the exit point of the carrier is not open for expeditionary operations, termination date occurs after two hours from the nearest point of the opening for these activities.
6. If the deadline expires on the carriage of public holiday, completion date is at the same time the next working day, unless the carrier shall also expeditionary operations on public holiday.
7. Consignment term is retained, if before the end of the carrier:
1) notifies the recipient of the arrival of the consignment, which is to be delivered at check, and prepared to receive it, or just prepare it to receive, if he was not obliged to notify,
2) posed to the shipment recipient Regulation, to be published beyond the point of admission.
8. (deleted)
Art. 50. [The arrival of the consignment]
1. The arrival of the consignment to the destination, the carrier shall immediately notify the consignee (notification), unless the shipment delivered to the customer premises or at the siding or relinquished to the recipient notice in writing. The notice shall state the date and time of preparation for shipment to receive.
2. At the request of the consignee, the carrier may make an initial notification of the expected date of delivery (przedawizacja).
3. (deleted)
Art. 51. [Responsibilities of the recipient]
1. By accepting the consignment and bill of lading recipient agrees to pay the charges imposed on consignment.
2. Be equivalent to delivery shipment recipient is considered to put it to a state body making the seizure or confiscation by the corresponding title; it shall be charged to pay shipping charges.
Art. 52. [Shipment lost]
Shipment, which did not come to the destination indicated on the consignment in 30 days following the period of carriage, considered to be lost.
Art. 53. [Withdrawal sender]
1. The sender can cancel the contract of carriage or make changes to it by requiring, to carrier:
1) He drew the load in place of consignment,
2) delivered the consignment in a place other than indicated on the consignment,
3) shipment delivered to another person than the consignee indicated in the consignment.
2. The recipient is entitled to dispose of the consignment in the manner specified in paragraph. 1 Item 2 i 3, If the sender does not otherwise reserved in the consignment. The change referred to in paragraph. 1 Item 2 Enter only the recipient can before the consignment to the destination indicated on the consignment.
3. The sender or the recipient dispose of delivery after the presentation received a copy of the bill of lading, making the relevant written statement.
4. The sender's permission to terminate delivery of Regulation, if the recipient has introduced changes to the contract of carriage, adopted a bill or received a shipment.
Art. 54. [Changing the contract of carriage]
1. The carrier is obliged to execute the command sender or recipient in terms of changing the contract of carriage, unless:
1) command is not feasible,
2) the command would cause a disruption in service,
3) execute it would violate applicable regulations,
4) not been the specific conditions existing in this area.
2. The inability to execute a command, the carrier shall immediately notify the authorized.
3. Claims that result from changes in the contract of carriage shall be borne by the shipper or receiver, respectively, depending on the, which one makes changes.
Art. 55. [Tips sender]
1. The sender may include in the consignment guidelines for the conduct of delivery in case:
1) obstructions in the carriage causing inability to perform the contract under the conditions specified in the consignment,
2) prevent the release of causing the inability to release the consignment the consignee at the destination specified in the consignment.
If the consignment note the lack of such guidance, carrier requests not to the sender.
2. If you change the way the transport carrier may charge for the actual carriage of freight and the way it applies the term corresponding to this way of transportation, unless the obstacles are caused by the transportation carrier.
3. If you remove the obstacles before receiving instructions from the sender, carrier direct shipment to the destination or it seems odiorcy, notifying the sender.
4. The provision of Article. 54 paragraph. 3 shall apply mutatis mutandis, unless the obstacles in the carriage or shipment release occurred through the fault of the carrier.
Art. 55a.
1. It is forbidden to sender:
1) ordering the carrier cabotage not holding the appropriate permit for such transportation or performing cabotage contrary to the conditions of such transport;
2) commissioning shipment of goods by road vehicle without the required permit normative for such carriage
3) determine the conditions of carriage of goods shipment, the implementation of which could result in violation of the rules defining the conditions for the operation of road, rules governing drivers' working conditions, traffic laws or regulations on public roads;
4) include in the bill of lading and other documents, data and information inconsistent with the facts;
5) reliance of transportable mass or volume of shipment of goods by road-timber, Bulk cargo, or other bulk.
2. The provisions of paragraph. 1 shall apply to the shipper, the recipient, transport organizer, or other party ordering the transport.
3. The principle of the responsibility of, referred to in paragraph. 1 i 2, for violation of the provision of paragraph. 1 defined by the provisions of the Act of 6 September 2001 r. Road Transport (Dz. You. of 2007 r. No. 125, Item. 874, with subsequent. zm.3)).
Art. 56. [Authorization]
Minister responsible for transport issues shall specify, by regulation, the nature and conditions of carriage of goods, that because of the shape, size or weight or road transport can cause difficulties in the carriage by rail transport, with a view to ensuring the safety of railway traffic and operational capabilities.
Section 4.
Injunctions and liquidation items
Art. 57. [Lien]
1. Carrier shall have a lien on the goods in order to secure claims arising from the contract of carriage, with the exception of items judicial and law enforcement.
2. Lien may be exercised, until the shipment is the carrier or a person, which it holds on behalf of, or until it could dispose of the documents.
3. (deleted)
Art. 58. [Liquidation of the consignment]
1. Carrier eliminates the load in the event:
1) there are no viable suggestions to remove barriers in the transport or release of the consignment,
2) loss of shipping documents and the impossibility to determine the person entitled to dispose of the consignment.
2. Elimination of the consignment shall be by:
1) Sales,
2) free transfer of the relevant organizational unit,
3) destruction.
3. The carrier enters into liquidation:
1) immediately after the deadline for receipt of live animals, dangerous goods or perishable,
2) in other cases – after 30 days from the date of receipt of package, but not earlier than after 10 days from the date give notice of the proposed liquidation of the consignment.
4. If you can not store or consignment store is a cost too high relative to the value of the consignment, carrier may proceed with the liquidation of the consignment before the dates specified in paragraph. 3 Item 2.
5. If the consignment was sold, obtained gives the holder the amount after deducting transport charges. If the carrier claims exceed the amount collected, entitled to cover the difference. When calculating the difference does not include claims arising from causes beyond the control of an authorized.
6. The method of liquidation and the value of the consignment shall be determined by a commission appointed by the carrier. Unless money or if the consignment contains defective items, committee sets the value of the liquidated in a manner estimated shipping, if necessary, with the participation of experts.
7. Parcels for the elimination of regulations apply to things found.
Section 5. (deleted)
Art. 59.
(deleted)
Art. 60.
(deleted)
Art. 61.
(deleted)
Section 6.
The carrier's liability for failure to perform or improper performance of the contract of carriage of persons
Art. 62. [Too bad the passenger]
1. The carrier is liable for damage, which the traveler has suffered as a result of premature departure means of transport.
2. The carrier is liable for damage, passenger suffered as a result of delayed arrival or cancellation regularly plying the means of transport, if the injury resulted from willful misconduct or gross negligence of the carrier.
Art. 63. [Responsibility for things]
1. For things, which a traveler carries with him under his own supervision, carrier is liable, if the damage was his fault.
2. The carrier is responsible for moving things like the traveler for the load, if the traveler put them, without being able to exercise constant supervision over them, in a place designated by or for the purpose intended.
3. Przedsiębioratwo leading operators of transport means rooms used for sleeping shall be liable as set out in paragraph. 2 for things usually paid to such spaces. For other things the responsibility of an undertaking is limited to the case, when he received them for safekeeping, or if the damage resulted from willful misconduct or gross niedcalstwa his or persons in his employment.
4. The amount of compensation payable by the carrier or of leading company which operates the means of transport from the rooms used for sleeping for the loss, loss of or damage to goods listed in paragraph. 1-3 not exceed the normal value of things.
5. The carrier or the company which operates the leading means of transportation from the rooms used for sleeping shall not be liable for any loss or damage to monies, securities and valuables, in particular, valuables or objects having scientific or artistic value, except that these things were accepted for safekeeping or damage resulted from the willful misconduct or gross negligence of his or persons in his employment.
Art. 64. [Group transport of passengers]
The transport group of the carrier shall be liable to the participants on the principles set out in Article. 63, and to the organizer – the principles set out in Article. 62.
Section 7.
The carrier's liability for failure to perform or improper performance of the forwarding
Art. 65. [The liability of the carrier]
1. The carrier is liable for loss, loss or damage arising from the adoption of the carriage until its delivery as well as delay of delivery.
2. Carrier is not responsible referred to in paragraph. 1, if the loss, loss or damage, or delay of shipments resulting from causes attributable to the consignor or consignee, not caused by the fault of the carrier, the characteristics of the goods or due to force majeure. Proof, that the damage or the delay in the consignment was due to one of the following circumstances, lie on the carrier.
3. The carrier shall be relieved of liability under paragraph. 1, if the loss, loss or damage resulting from at least one of the following reasons:
1) give the name does not conform to reality, inaccurate or insufficient items excluded from carriage or accepted for transportation on special conditions or failure to the sender of these conditions,
2) no, insufficient or defective packaging of goods, vulnerable in these conditions to damage because of their natural properties,
3) particularly prone to damage because of defects or natural features,
4) Charging, deployment or unloading of goods by the consignor or consignee,
5) consignments, which according to the law or the contract should be supervised, if the damage resulted from causes, which had prevented the caretaker.
4. When the carrier is based on the circumstances of the case shows, that the loss, loss or damage could be caused by at least one of the reasons specified in paragraph. 3, presumed to be, that it did so arise.
Art. 66. [No liability of the carrier]
1. Carrier is not responsible for the loss of the consignment, the mass and number of units has not checked the registration of, if you provide it without a trace of violation, and when carried in a closed form of transportation – also seals the sender is not compromised, unless the claimant proves, that the damage at the time of acceptance of your shipment until it is.
2. If the shipment arrived at destination in shipping container, not compromised, closed by the sender and of not compromised, folded by the seals, presumed to be, that no damage occurred during transport.
Art. 67. [Loss of weight]
1. When consignments, which because of its properties to lose weight, the carrier is liable only for that portion of the loss, losses that exceed the standards established in accordance with applicable law or customary, unless the damage resulted from causes not justify the use of standards acceptable loss.
2. Minister responsible for transport issues in consultation with the minister responsible for economic affairs and minister responsible for agriculture may determine, by regulation, Standard cavities, referred to in paragraph. 1, whereas the jurisdiction of the goods carried and the type of transport.
Art. 68. [Partial Damage]
If the damage was only partially due to the circumstances, for whom the carrier is responsible, its responsibility is limited to the range, in what circumstances contributed to the injury.
Art. 69. [Inability to release the consignment]
1. At the request of an authorized carrier consignment notes in the inability to release the consignment after the deadline specified in Article. 52, unless the previously stated loss is irreversible.
2. If the consignment is recovered within one year from the payment of compensation, carrier shall immediately notify the authorized.
3. Within 30 days of receipt of notice, referred to in paragraph. 2, owner may claim, to be delivered to him the shipment had been discovered in one of the check points for return shipments received compensation from the carrier. In this case remains entitled to claim for delay in the carriage.
4. If the finding occurred after a year or entitled not reported within the period specified in paragraph. 3, consignment shall be liquidated.
Art. 70. [The liability of the carrier]
The carrier is liable for damages resulting from failure to perform or improper performance of the command changes the contract of carriage, unless the circumstances mentioned in Article. 54 paragraph. 1 i 2.
Section 8.
Other liability
Art. 71. [The liability of the carrier]
Carrier is liable for damages resulting from loss of, non-use or improper use of the documents mentioned in the consignment note and the letter attached to or placed with a carrier, unless it is not at fault.
Art. 72. [The liability of the sender]
1. The sender shall be liable for damages resulting from:
2) faulty state shipment, lack of or improper packaging or improper performance of the operations of loading.
2. Sender of the road haulage is responsible for all costs, sustained by the carrier as a result of inaccuracy or inadequacy of data, referred to in paragraph. 1 Item 1.
3. The sender bears the cost of handling the consignment in the case, when the consignment weight data, contained in the consignment, are inconsistent with the facts.
Art. 73. [Cargo operations]
The carrier for damage to property caused by cargo operations is responsible shipper or receiver, respectively.
Determine the status of the consignment, the claims
Art. 74. [Protocol delivery status]
1. If, before the consignment will be, that she has suffered loss or damage, carrier shall immediately by protocol delivery status and circumstances of injury. The carrier also performs the actions requested by an authorized, if he says, that the shipment violated.
2. Arrangements should be made to the protocol in the presence of the, and if you call it is not possible or does not report it within the prescribed period, carrier shall make a determination in the presence of persons invited by them to this activity.
3. If after delivery revealed loss or damage which can not be seen from the outside at the reception, determine the carrier status of the consignment at the request of the holder immediately following the disclosure of reported damage, but not later than 7 days of receipt of package.
4. Protocol signed by the persons involved in the investigation of the consignment. If the holder does not agree with the content of the protocol, It can place a reservation on the ground; in case of refusal to sign the protocol by the authorized carrier states in the fact and the reasons for refusal. The holder receives free copy of the record.
5. If the protocol arrangements, taken at the request of an authorized, do not show damage in shipment, or show only damage found previously by the carrier, entitled to bear the fees specified in the tariff.
6. If you have difficulty in determining the time data, kind of, size or cause damage, These data sets appraiser appointed by the carrier, in agreement with the rightholder.
Art. 75. [The judicial route]
1. Pursuing claims in court proceedings under the Act or regulations enacted in pursuance thereof shall have an authorized after unsuccessfully trying all complaints, the carrier – after an unsuccessful call the debtor.
2. Complaints or request for payment shall be deemed ineffective, if the debtor has not paid the asserted claims in the period 3 months from the date of service of the complaint or request for payment.
3. Claims against the carrier is entitled:
1) under the contract of carriage of passengers, being removed by them, and things under the contract of carriage of luggage – the traveler, and the carriage of group – organizers and participants, except that:
a) organizer is entitled to claim for failure to perform or improper performance of the contract of carriage of group, contract of carriage of the luggage (art. 32), as well as claims for the difference due, with the exception of claims to the participant (lit. b),
b) participant is entitled to claim for damages, differential duties in connection with the carriage picked up his things and individual contract of carriage of the luggage,
2) under the contract of carriage of freight shipments:
a) making the claim or part thereof – sender or receiver, depending on the, which one has paid,
b) the other claims under the contract of carriage – sender or receiver, depending on the, which of them have the right to dispose of the consignment,
3) under other legal relationships defined in the Act or the regulations issued in its execution – operator of such a relationship.
Art. 76. [Expiry of claims]
Adoption of the consignment by the owner without reservation shall terminate claims for loss or damage, unless:
1) damage was found by protocol before the adoption of a shipment by an authorized,
2) abandoned such a determination of the carrier,
3) loss or damage resulted from the willful misconduct or gross negligence of the carrier,
4) damage which can not be seen from outside the authorized declared after the shipment and within 7 days requested to determine its condition and to demonstrate, that the damage occurred between the time of acceptance of your shipment and its release.
Art. 77. [Limitation of actions]
1. Subject to paragraph. 2 oraz Article. 78 claims made under the Act or regulations enacted in pursuance thereof shall expire upon the end of the year.
2. Claims for delay in the carriage, which did not cause loss or damage to the shipment, shall expire after 2 months from the date of shipment.
3. The period of limitation shall run for claims:
1) loss of the goods – from, which could be considered eligible for a lost shipment,
2) loss, failure or delay in delivery – from the date of shipment,
3) damage which could not be seen from the outside – from the protocol to determine the damage,
4) payment or reimbursement – from the date of payment, and when she was – from, in which it was required,
5) shortage or surplus items at liquidation – from the date of liquidation,
6) other legal events – from, in which the claim became due and payable.
4. The limitation period is suspended for the period from the date of filing the complaint or request for payment until the answer to the complaint or request for payment and return the attached documents, But most of the period provided for the settlement of a complaint or request for payment.
Art. 78. [Develop]
1. Claims against the carrier enjoyed by other carriers (art. 5 i 6) shall expire after 6 months of, the carrier to repair the damage, or from the, in which the action were brought against him.
2. To the claims referred to in paragraph. 1 provision of Art. 75 paragraph. 1 not applicable.
Art. 79. [Authorization]
Minister responsible for transport issues shall specify, by regulation:
1) detailed procedures and methods of determining the status of shipments,
2) conditions, be met by complaints and requests for payment for the carriage of passengers and parcels, and the complaints procedure
– with a view to ensuring a smooth and timely claims.
Section 10.
Compensation
Art. 80. [Compensation for loss of or loss]
1. The amount of compensation for the loss or loss of consignment must not exceed the value of, which is determined on the basis of and in the order:
1) price from the supplier or vendor account or
2) prices resulting from the price list valid on the day of postage for the carriage or
3) the things of the same genus and species of the place and time they give.
2. If you are unable to determine the amount of compensation in the manner specified in paragraph. 1, This sets the height of the appraiser.
3. In the event of loss of the goods to the declared value to be compensated in the amount of the declared, and in case of loss – in relevant part, unless the carrier proves, that the declared value exceeds the value determined in the manner specified in paragraph. 1.
Art. 81. [Compensation for damage to a]
1. In case of damage compensation shall be equal to the percentage decrease in the value of.
2. The amount of compensation, referred to in paragraph. 1, shall not exceed the amount of compensation payable for:
1) loss of the whole consignment, when she suffered a lost value through damage,
2) loss of this part of the consignment, which has lost value through damage.
Art. 82. [Return transportable]
In addition to the compensation referred to in Article. 80 i 81 the carrier must pay carriage and other costs related to shipping transport;
1) in case of loss – in full,
2) in case of loss – in relevant part,
3) in case of damage – in the amount equal to a percentage reduction in value of the shipment due to damage.
Art. 83. [The amount of compensation]
1. If, owing to the delay in the carriage of the damage occurred other than in the consignment, the carrier is obliged to pay compensation to the double amount of transportable.
2. If, owing to the delay in the carriage was also damage in shipment, compensation is fixed by the provisions of Article. 81 independently of the compensation referred to in paragraph. 1.
Art. 84. [The amount of compensation]
Compensation for damages caused by failure or improper execution of the command changes to the contract of carriage shall not exceed the amount of compensation payable in case of loss of the goods (art. 80).
Art. 85. [The amount of compensation]
Compensation for damages due to lost, non-utilization or improper use by the carrier the documents given to it by the sender may not exceed the amount of losses.
Art. 86. [Intentional]
The restrictions the amount of compensation shall not apply, if the injury resulted from willful misconduct or gross negligence of the carrier.
Art. 87. [Interest]
1. Amounts eligible for unpaid debts, claims and compensate for variations in receivables – shall bear interest at the statutory rate.
2. Interest shall be calculated:
1) for unpaid claims – from, in which the claim should be paid,
2) other titles – from the date of receipt of the claim or request for payment.
Section 10a. The penal provisions
Art. 87a. [Refusal to pay debts and produce documents]
Traveler, that during the inspection of documents of carriage of passengers or luggage, despite the lack of suitable transport document, refuses to pay claims and to present a document, allow to establish its identity,
punishable by a fine.
Art. 87b. [Dismissal from the spot checks]
Traveler, that during the inspection of documents of carriage of passengers or luggage left in place the controls or at any other location designated by the carrier or provider of public transport or a person authorized by him until the arrival of a police officer or other law enforcement authorities,
punishable by a fine.
Art. 87c. [Mode of rule, rules]
Adjudicate on matters referred to in Article. 8787b ai occurs under the Code of Conduct in misdemeanor cases.
Section 11. Amendments to existing regulations and special provisions, Transitional and Final
Art. 88.
(omitted)
Art. 89.
(deleted)
Art. 90. [Return]
In matters not regulated in the Act and the regulations issued in its execution and the specific provisions, the provisions of the Civil Code.
Art. 91. [Return]
For international transport by inland waterway, do konosamentu, and the general average time charter, the provisions of the Code of the sea.
Art. 92.
(deleted)
Art. 93. [The existing rules]
To legal relationships arising before the entry into force of this Act, the provisions of the existing.
Art. 94. [Derogacja]
Repealed the decree of 24 December 1952 r. on the carriage of mail and passengers by rail (Dz.U. of 1953 r. No. 4, Item. 7).
Art. 95. [Entry into force]
This Act shall come into force on 1 July 1985 r.
Reference 1.
This Act in respect of its regulation, transposition of Council Directive 96/75/EC of 19 November 1996 r. the systems of chartering and pricing in national and international inland waterway in the Community (Dz.Urz. WE L 304 of 27.11.1996, st. 12, with subsequent. zm.; Dz.Urz. Polish Special Edition, Chapter. 7, t. 2, st. 508, with subsequent. zm.).
