Transportation and delivery of goods is as old as the world. First land-caravan, then sea. The current time is characterized by a different scale and pace. Transportation of goods from producers to customers is one of the first "professions" of the car, not as bright and heroic as service in the fire department or at the ambulance station, but no less significant.

As soon as the car ceased to be a capricious and expensive toy and turned from an “exotic” into a vehicle that could successfully compete with horse-drawn counterparts, it was noticed by “services” using horse traction in their work. The military and fire departments turned their faces to the "self-propelled wagons" decisively, without regard to the cost of their operation. Representatives of the trade for some time watched the development of motoring wary.

The point of commerce is to make a profit, which means that the use of vehicles to transport goods only made sense when it became truly profitable. It was necessary to wait for the cheapening of the machines themselves, increasing their carrying capacity and reliability. As soon as progress made it possible to comply with all of the above conditions, enterprising businessmen began to create specialized cargo garages - analogues of modern car depots. Representatives of the trading business concluded contracts with them on transport services. It was more profitable than starting (and maintaining) your own fleet of vehicles.

Fleet of MKK

The replacement of cart drivers by trucks and vans in the already existing structure of commercial transportation was, literally and figuratively, a matter of technology. Moreover, the delivery of goods over short distances in urban conditions did not require vehicles to have either increased cross-country ability, or super-reliability, or high carrying capacity.

A specialized bus for transporting shoes on a ZIS chassis with a body Aremkuz

It is interesting that by the time of the motorization of commercial transportation, devices already existed that made it possible to “reconcile” the specifics of the goods with the conditions of transportation. First of all, we are talking about perishable products. In 1803, American entrepreneur Thomas Moore created a container that could store food for a long time. He patented it under the name "refrigerator".

PAZ refrigerators and isothermal vans were very popular in the USSR. Because of the image of penguins on the back door, the people called them that: "penguins".

The main part of the transport fleet, occupied with the delivery of goods to retail outlets, is made up of ordinary vans, which are commonly called manufactured goods, although they can transport both piece-package industrial goods, and food products that do not require special transportation conditions, and isothermal vans. The walls of the latter are sheathed with special materials to maintain certain temperature conditions inside the body (thermal insulation), for example, for transporting freezing products in winter (milk, juices, etc.), and in summer for goods that deteriorate at high temperatures (sausages, butter, eggs, etc.).

Van on the GAZ-51A chassis, re-equipped for the transport of light cargo

The third, very few because of the high cost, type of vans are refrigerators. They are equipped with refrigeration units and can independently maintain a certain temperature in the body for a long time. Such machines are used for the transportation of chilled and frozen products. Mass production of thermally insulated vans was established in the second half of the 1930s, after in March 1935, at the All-Union Conference of Refrigerators, Mikoyan noted in his speech that our refrigeration industry has a backward sector - refrigerated vehicles.

Van on GAZ-51A chassis for transporting beer

In the same year, the People's Commissariat of Food Industry of the USSR at the Odessa plant "Frigator" organized piece production of refrigerator cars on the GAZ-AA and ZIS-12 chassis according to the projects of the All-Union Research Refrigeration Institute. True, at that moment the domestic industry was not yet ready to produce compact refrigeration units that could be installed on a car, so the body was cooled using dry ice or an ice-salt mixture. They had to be loaded into a special compartment of the car before each trip.

A road train with a GAZ-51P truck tractor and a manufactured goods semi-trailer

In the pre-war years, many bodywork enterprises made their contribution to the provision of trade in specialized vehicles: the Moscow Autobody and Gorky Bodyworks, which manufacture isothermal vans on the “three-ton” and “one and a half” chassis, respectively; Transport Reconstruction Plant in Moscow, producing luxury vans; Workshops of the motor depot of the meat-packing plant named after Mikoyan and the Leningrad Meat Processing Plant, providing themselves with specialized vehicles for transporting meat carcasses, etc.

Special bus PAZ-651 for the transport of clothes

After the war, the ruined economy had to be restored. But life gradually improved. At the end of 1947, the card system introduced in 1941 was abolished. In 1950, the production of food and light industry goods reached the pre-war level, and the trading network was restored. At the same time, the consolidation of motor depots engaged in the transportation of goods took place. If earlier each meat processing plant or factory tried to have its own transport, then after the war there is a centralization of such transportation. Instead of hundreds of small car depots, or even just parking lots, sometimes not even having a garage for quality repairs, car factories are being formed. On the basis of summary schedules at motor transport enterprises, dispatchers developed optimal routes for the delivery of goods.

Van on ZIL-130 chassis for transportation of milk

By this time, the general requirements for specialized bodies were also formulated. Here are just a few of them: “... the interior lining of the bodies of vans intended for the transport of foodstuffs must ensure the possibility of sanitization; the body structure should provide the possibility of loading and unloading from two sides, which is achieved by increasing the number of doors and using various loading and unloading mechanisms (loaders, conveyors, roller tables, etc.); doorways should be as large as possible: at least 1200 mm in width and 1700 mm in height; body doors must have a reliable seal and be equipped with locks (locks) with latches and devices for sealing; the floor of the body, if possible, should be smooth, without wheel niches, since the presence of the latter limits the use of the internal overall dimensions of the body.

Furniture van on GAZ-52A chassis

By the mid-1960s, state regulations divided all transported goods into narrow nomenclature groups. At the same time, the specialization of the rolling stock is expanding. New models of equipment are being created, designed for transportation of only one nomenclature group. For example, the Aremkuz Moscow plant created a specialized van for transporting ready-made dresses and coats on rails so that the “commodity” appearance of products would not be lost during transportation, and the Gorky Specialized Vehicle Plant created vans for transporting medicines.

Road train for transporting furniture with a truck tractor GAZ-51P

In the 70s and 80s, vans appeared equipped with several side doors, sometimes sliding, in order to load the car with goods pre-packed into pallets from different sides using forklifts. Container transportation of goods in special small carts on wheels is gaining popularity. For their transportation, vans with rear load-lifting boards are used. Tartu car repair plant (Estonia) and Moscow ARZ No. 8 were among the first in the country to establish the production of such vans. , vegetables and groceries.

TA 3763 for container transportation

Interesting Facts

In the 60s, Lutsk Machine-Building Plant (later LuAZ) became one of the leading manufacturers of isothermal vans. The most widely used 4.5-ton refrigerated vans LuAZ-890B based on ZIL-130, however, less well-known models were also in the assortment of the enterprise. For example, the LuMZ-945 refrigerator car based on the Moskvich-432 van. The FGK-07 refrigeration unit was located in this car next to the driver's seat, and in the body, sheathed from the inside with sheet aluminum and equipped with a foam thermal insulation layer, there were two cold accumulators.

The Ulyanovsk Automobile Plant also contributed to replenishing the fleet of delivery vans. Rear-wheel drive modifications of all-wheel drive vehicles - UAZ-451 and UAZ-451M vans - were of no interest to the armed forces, but in the field of transportation they occupied a vacant intermediate position between vans based on the Moskvich-432 station wagon and full-size "booths" on a truck chassis.

In the 1950s and 1960s, the Gorky Commercial Machine Building Plant became one of the largest manufacturers of specialized bodies in our country. It is not difficult to guess that GAZ truck chassis served as the basis for the products of this enterprise. Initially 51 and 51A, later - 52A and 53A, mainly with an elongated frame. This made it possible to equip cars with increased capacity bodies, which made it possible to more efficiently use the carrying capacity of cars.

In the mid-60s, the line of Gorky vans was quite large and varied: an isothermal van for transporting perishable products GZTM-95E and a van for transporting industrial and food products GZTM-952 (both based on GAZ-51 A with an extended frame). An isothermal van based on the GAZ-53A chassis was designated GZTM-950, a general-purpose van based on the GAZ-52A - GZTM-891. The van for transporting furniture on the GAZ-51 A chassis was called GZTM-954, and on the GAZ-52 A chassis - G31M-893A.

The appearance in the USSR in the second half of the 1930s of refrigerated vehicles not only helped to reduce the loss of perishable products during transportation, but also made it possible to significantly diversify the assortment of meat and fish products on store shelves. Correct transportation conditions made it possible to deliver meat to the distribution network not only in whole carcasses, but also in chopped and packaged form. The fish began to be cleaned of scales, entrails, fins and bones, thanks to which the fillet went on sale. In addition, it became possible to optimize the routes for the delivery of perishable products, since "transportation without loss" made unnecessary the previously inevitable intermediate loading and unloading in stationary freezing points.

Refrigerator car 1AH on GAZ-51A chassis

In the 50s, not only specialized enterprises, but also some automobile plants were engaged in the production of specialized bodies. For example, the Pavlovsk Bus Plant on the GAZ-51 chassis produced not only buses, but also PAZ-657 vans for transporting bakery products. The car body had four double doors on the right wall and was divided into four compartments with trusses and guides for stacking trays. Its volume was 13.5 m3. Complete with this van, a PAZ-658 single-axle trailer with three double doors and three tray compartments could be used. The volume of the trailer was 5.9 m3. In addition, on the basis of the “bread truck”, a van for transporting clothes PAZ-661 and a PAZ-659 mobile shop were produced, which differed from the basic modification in the location of doors, windows and the internal layout of the body.

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1. On June 20, the Mayak plant filed a lawsuit against the Administration of the Northern Railway for the recovery of a fine for failure to comply with accepted applications for the transportation of goods in February and March and compensation for losses incurred by the plant in the form of a penalty paid by the plant to its customers for delaying the delivery of products due to non-delivery of the road wagons. The Road Administration put forward the following objections to the claim: 1. With regard to the collection of a fine for failure to comply with the transportation plan, the plaintiff violated the claim procedure provided for by the Charter of Railway Transport. The calculation of the amount of the fine due was reported to the plaintiff: for February - on March 6, and for March - on April 12. The claim by the plaintiff was filed only on May 20, that is, with a missed deadline, in connection with which it was returned to the plaintiff without consideration; 2. the recovery of the remaining amounts is not provided for by the Charter, since they represent claims for compensation for losses incurred by the plaintiff under its obligations. The plant insisted on satisfying its claims, stating that the current legislation does not establish a time limit for filing a claim, and the losses it incurred are the result of unfulfilled applications for the transportation of goods accepted by the road. Who is right in this dispute and how should the case be resolved?

Article 794

1. The carrier for failure to provide transport vehicles for the carriage of goods in accordance with the accepted application (order) or other agreement, and the sender for failure to present cargo or non-use of submitted vehicles for other reasons, shall bear responsibility established by transport charters and codes, as well as by agreement of the parties.2 . The carrier and consignor of the cargo are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to: force majeure, as well as other natural phenomena and military operations; termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by the relevant transport charter or code; in other cases provided for by transport charters and codes.

Further, referring to UZhT, Art. 123 UZHT, claims against carriers must be filed within 6 months. The UZT also has a 45-day time limit for filing claims for fines and penalties. Our question concerns the payment of fines. Accordingly, JSC Russian Railways is not obliged to pay a fine, as stated in the task. The calculation of the fine amounts due was reported to the plaintiff: for February - on March 6, and for March - on April 12. The plaintiff had a real opportunity to file a claim earlier, and the claim by the plaintiff was filed only on May 20, i.е. for 45 days, the plaintiff did not have time to do this. As for the issue of the losses incurred by the Mayak plant, yes, they are the result of the railway's failure to fulfill the accepted applications for the carriage of goods, but according to Art. 393 of the Civil Code of the Russian Federation, the main form of liability for non-performance or improper performance of an obligation is compensation for damages. The damage caused by a faulty debtor is not only a basis, but also a measure of civil liability in the form of compensation for losses.

In contrast to these general provisions of civil law, transport legislation excludes liability in the form of compensation for damages for failure to fulfill an application (order) for transportation, causing any damage to the consignor by this failure to fulfill. This responsibility is established in the form of a fine.

2. In accordance with a long-term contract for the organization of transportation and ten-day applications from the consignor - the Apatit association, the railway had to submit 300 wagons to the association for the transportation of goods in April (in equal batches every ten days). The carrier, knowing that the association has a large amount of mined ore to be transported, delivered 120 wagons in the first ten days in order to thicken the supply instead of 100 wagons. The association, having loaded 100 wagons, refused to load 20 wagons, giving no reasons for its refusal.

In the second ten-day period, instead of 100 wagons, the railway delivered 80 wagons, and in the third decade, 100 wagons, in accordance with the consignor's request.

The association "Apatit" filed a claim against the carrier for the recovery of a fine for non-fulfillment of the application for transportation - failure to deliver 20 wagons in the second decade.

Objecting to the claim, the carrier pointed out that the shipper's claim was unreasonable, since 80 wagons were delivered in the second decade, taking into account 20 wagons delivered but not loaded by the sender in the first decade. In addition, in general, 300 wagons were shipped during the month and, therefore, the total volume of traffic was completed.

In turn, the railway filed a lawsuit against the Apatit association to recover a fine for underloading 20 wagons in the first ten days and losses caused by the demurrage of wagons for this reason.

Analyze the arguments of the parties and resolve the dispute on the merits.

According to Article 798 of the Civil Code of the Russian Federation, under an agreement on the organization of transportation, the carrier and the cargo owner, if it is necessary to carry out systematic transportation of goods, can conclude long-term agreements on the organization of transportation. Under an agreement on the organization of transportation of goods, the carrier undertakes to accept, and the cargo owner, to present for transportation goods in the stipulated volume within the established time limits. The agreement on the organization of transportation of goods determines the volumes, terms and other conditions for the provision of vehicles and the presentation of goods for transportation, the procedure for settlements, as well as other conditions for organizing transportation.

Article 785 of the Civil Code of the Russian Federation defines the essence of the contract for the carriage of goods. Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.

Article 791 of the Civil Code of the Russian Federation establishes the obligation of the carrier to submit vehicles for loading or unloading cargo. The carrier is obliged to submit to the sender of cargo for loading within the time period established by the application (order) received from him, the contract of carriage or the contract on the organization of transportation, serviceable vehicles in a condition suitable for the carriage of the corresponding cargo. The sender of the cargo has the right to refuse the submitted vehicles that are not suitable for the carriage of the corresponding cargo. Loading (unloading) of cargo is carried out by a transport organization or a sender (recipient) in the manner prescribed by the contract, in compliance with the provisions established by transport charters and codes and rules issued in accordance with them. Loading (unloading) of cargo, carried out by the forces and means of the sender (recipient) of the cargo, must be carried out within the time limits stipulated by the contract, unless such time limits are established by transport charters and codes and rules issued in accordance with them.

Article 11 of the Federal Law of January 10, 2003 N 18-FZ "Charter of Railway Transport of the Russian Federation" states that in order to carry out the carriage of goods by rail, the consignor submits to the carrier an application for the carriage of goods duly executed and in the required number of copies (hereinafter referred to as the application) . The application is submitted by the consignor indicating the number of wagons and tons, railway stations of destination and other information provided for by the rules for the carriage of goods by rail. In the application, the consignor must indicate the period of validity of the application, but not more than forty-five days.

Article 793 of the Civil Code of the Russian Federation defines liability for violation of transportation obligations. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties shall bear the responsibility established by this Code, transport charters and codes, as well as by agreement of the parties.

Thus, since the application submitted by the Apatit association for the first time provided for the use of 100 wagons, and not 120, the refusal of 20 extra wagons was JUSTIFIED (these 20 wagons were filed at the initiative of the railway and contradicted the agreement - “in equal lots ten days” ). This circumstance does not release the railroad in pursuance of the agreement to provide the association with 100 wagons upon receipt of the second application for long-term transportation. Therefore, since the railway has improperly fulfilled its transportation obligations, therefore, the railway must bear the responsibility provided for by the legislation of the Russian Federation.

3. When concluding an annual contract for the carriage of goods by road between the motor transport company and the consignor, disagreements arose on the terms of the contract. The road transport company included the following conditions in the project: The consignor is responsible for all consequences of incorrect loading of the cargo, including damage to the means of transport and the safety of transportation. The consignor does not agree with this condition, since, according to the rules for the transportation of goods, their loading onto a car is carried out under the supervision of a driver of a car company. The motor transport enterprise shall be released from liability for non-delivery of vehicles if, by decision of the competent authorities, vehicles will be involved in the performance of state tasks. The shipper pointed out the illegality of this condition as well. In turn, the consignor insisted on the inclusion of the following conditions in the contract: The motor transport company compensates the consignor for losses caused by the delay in delivery of goods to the recipient. The consignor is not responsible for the failure to present the goods if he warns the transport company 2 hours before the delivery of the means of transport. The automobile enterprise objected to these conditions. How should this dispute be resolved?

The motor transport company wrongfully objected to this paragraph, because according to Art. 138 of the Charter of Road Transport of the Russian Federation (UAT RF), the motor transport company is obliged to compensate the consignor for losses caused by the delay in the delivery of goods to the recipient. 2. The objections of the automobile enterprise against the second paragraph of the draft are legitimate, since, according to Art. 103 UAT RF, the consignor is liable in the form of a fine for failure to present the cargo, and the consignor is obliged to notify the motor transport company 24 hours in advance of receiving the goods and paying for it.

4. The Novgorod plant "Rheostat" shipped electric motors for portal cranes to the plant of lifting and transport equipment. The shipment arrived 10 days late. Due to the untimely delivery of motors, the plant did not fulfill its obligations to supply cranes to the port of Murmansk and paid the latter a penalty for violating the terms of the contract. In this regard, the hoisting and transport equipment plant filed a lawsuit against the Oktyabrskaya Railway Administration to recover a fine from the road for delaying the delivery of cargo (electric motors) and to compensate for the losses incurred by it through the fault of the road, caused by the payment of a penalty to the buyer for the late delivery of cranes and a fine to the Baltic Shipping Company for non-provision of cargo (cranes) for transportation. Are factory requirements to be met?

In accordance with Part 3 of Article 38 of the Arbitration Procedure Code of the Russian Federation, a claim against the carrier arising from the contract for the carriage of goods is filed with the Arbitration Court at the location of the carrier. According to the Federal Law “On the peculiarities of managing and disposing of the property of railway transport” dated February 27, 2003 No. 29-FZ, in the process of privatizing the property of the federal railway transport, Russian Railways OJSC was established, which, in particular, transports goods, passengers, luggage, cargo luggage .

Therefore, if the plaintiff brought a claim against Russian Railways JSC at the location of a branch of this JSC, then such a claim is subject to consideration on the merits by this court, without submitting it for consideration at the location of the central Russian Railways JSC. Those. is considered by the arbitration court at the location of the branch itself, and not in Moscow.

The requirements of the plant, in this regard, are fully subject to satisfaction.

5. CJSC "Silhouette" filed a claim against the Railway Administration for the recovery of losses incurred from the markdown of damaged cargo transported in a container and arrived at its destination with traces of wetting.

The claim filed by the plaintiff was rejected by the road, referring to the fault of the consignor, who loaded the cargo into a technically faulty container, which had a divergence of welds in the roof, which was reflected in the commercial act.

Siluet CJSC insisted on satisfying the claim, pointing out that the responsibility for damage to the cargo should be laid on the railway, since the shipper could not notice these defects in the container when loading the cargo, since they were discovered only under artificial lighting in the dark.

Is the claim of CJSC "Silhouette" subject to satisfaction?

The carrier is released from liability for non-fulfillment of the plan (agreed volume) of transportation, if this happened: due to natural phenomena, prohibition, termination or restriction of transportation in the prescribed manner and in other cases provided for by law. Since the container that was prepared by the Railway Department was not initially fixed, and not in case of a natural disaster, an accident, the responsibility lies solely with the Department. These are their failures. lawsuitJoint-Stock Company "Silhouet" is subject to satisfaction completely.

6. The Khladokombinat filed a lawsuit against the carrier, the Moscow Railway, and against the supplier, the meat processing plant, to recover the cost of the missing meat from the proper defendant. The cargo arrived in a serviceable wagon, but without the shipper's seal. When it was opened, it turned out that the car was loaded to its full capacity, and the missing amount of cargo could not fit. The meat (carcass) had no cuts or other damage. These circumstances were confirmed by the forwarder of the meat processing plant and reflected in the commercial act.

Who should be responsible for missing cargo? Will the decision change if the wagon loaded by the sender arrived at the destination station in good condition and with its seals?

Article 28 of the Federal Law of January 10, 2003 N 18-FZ "Charter of Railway Transport of the Russian Federation" states that loaded wagons, containers must be sealed with locking and sealing devices by carriers and at their expense, if loading is provided by carriers, or consignors (senders ) and at their expense, if loading is provided by consignors (senders). In cases specified by the rules for the carriage of goods by rail, empty wagons, containers must be sealed in the manner established for loaded wagons, containers.

Covered wagons, containers when transporting goods in them for personal, family, household and other needs not related to business activities must be sealed by the carrier or an authorized person of the consignor (sender) at the expense of the consignor (sender).

In case of opening wagons, containers for customs inspection or other types of state control by customs authorities or other state control (supervision) bodies, wagons, containers must be sealed with new locking and sealing devices.

The carrier's expenses for the provision of locking and sealing devices to customs authorities or other state control (supervision) bodies shall be reimbursed at the expense of consignors (senders), consignees (recipients).

General requirements for locking and sealing devices used in railway transport for sealing cars, containers, as well as a list of goods that are allowed to be transported in cars, containers without locking and sealing devices, but with the mandatory installation of twists, are established by the federal executive body in the field of railway transport .

The types of locking and sealing devices and twists used for sealing, the procedure for accounting, storage and disposal of locking and sealing devices are established by the carrier.

Providing consignors with locking and sealing devices and twists is carried out under the contract.

In accordance with paragraph 3 of the Order of the Ministry of Railways of the Russian Federation of June 17, 2003 N 24 "On Approval of the Rules for Sealing Cars and Containers in Railway Transport", carcass meat is not included in the list of goods that can be transported in containers, tanks, covered and specialized wagons without locking and sealing devices, but with the obligatory use of a twist. Thus, the wagon with this cargo was subject to mandatory sealing.

Article 796 of the Civil Code of the Russian Federation establishes the liability of the carrier for the loss, shortage and damage (spoilage) of cargo or baggage. The carrier is responsible for the failure of cargo or baggage that occurred after it was accepted for transportation and before being released to the consignee, a person authorized by him or a person authorized to receive baggage, unless he proves that the loss, shortage or damage (spoilage) of cargo or baggage occurred due to circumstances which the carrier could not prevent and the elimination of which did not depend on him.

Thus, if it is established that the carrier accepted the consignor's cargo on the consignment note and loaded the cargo himself, then the responsibility for the shortage of cargo will be borne by the Moscow Railway.

If it is established that the wagon was loaded by the sender and arrived at the destination station in good condition and with the seals of the sender, then the responsibility for the shortage of cargo must be borne by the shipper.

7. During the transportation of a half-woolen cloth from Staraya Russa to St. Petersburg by a motor vehicle of automobile enterprise No. 5, a fire broke out on the motor vehicle, as a result of which part of the cargo died and the remaining cloth was damaged. The stated claim, and subsequently the claim for compensation for the cost of the lost and damaged cargo, was rejected by the auto company. The defendant referred to the unsuitability of the car for the transportation of the specified cargo, i.e. its malfunction in commercial terms, for which the consignor is responsible. The car was provided to the plaintiff for the transportation of equipment in Staraya Russa, and not for the transportation of half-woolen linen, with which the car was loaded during its return journey. Such cargo as a canvas must be transported in a special vehicle.

When considering the case, it turned out that the cause of the fire was a technical malfunction of the car - at a speed of 60-65 km per hour, the cardan shaft was disconnected, which hit the gas tank, pierced it, which is why the car caught fire.

What decision should the arbitral tribunal make?

Answer

Article 123 of the Federal Law of January 10, 2003 N 18-FZ "Charter of the Railway Transport of the Russian Federation" states that claims against carriers can be made within six months, claims for fines and penalties - within forty-five days. The specified terms for filing claims are calculated in relation to: compensation for damage (spoilage) or shortage of cargo, luggage, cargo luggage from the date of delivery of cargo, luggage or cargo luggage;

Article 797 of the Civil Code of the Russian Federation established the rules for filing claims and suits for the carriage of goods. Before filing a claim against the carrier arising from the carriage of goods, it is mandatory to file a claim with him in the manner prescribed by the relevant transport charter or code. A claim against the carrier may be brought by the consignor or consignee in the event of a complete or partial refusal of the carrier to satisfy the claim or failure to receive a response from the carrier within thirty days. The limitation period for claims arising from the carriage of goods is set at one year from the moment determined in accordance with transport charters and codes.

Article 197 of the Civil Code of the Russian Federation establishes rules on special limitation periods. For certain types of claims, the law may establish special limitation periods, reduced or longer in comparison with the general period. The rules of articles 195, 198 - 207 of the Civil Code also apply to special periods of limitation, unless otherwise provided by law.

Article 199 of the Civil Code of the Russian Federation establishes that the claim for the protection of a violated right is accepted for consideration by the court, regardless of the expiration of the limitation period. The limitation period is applied by the court only at the request of the party to the dispute, made before the court makes a decision. The expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court to issue a decision to dismiss the claim.

Thus, since it is clear that 1 year 10 months and 14 days have passed from the moment the commercial act was drawn up (that is, from the moment when the consignee found out about the violation of his rights) and before he made a claim against the carrier, the court must make a decision to refuse in a lawsuit.

Previously, it was believed that motor transport could compete with the railway only at distances up to 1000 km. But the constant growth of rail fares (see graph) makes it economically viable to use vehicles over ever longer distances. “Already, oil cargoes from the Yaroslavl Oil Refinery are transported by cars over a distance of up to 2000 km! This has never happened! ' exclaims a railroad operator's top manager, speaking of switching cargo from rail to road. According to Mikhail Burmistrov, General Director of the Infoline-analytics agency, 2-3% of the total number of goods transported by rail is spent annually on road transport. Road transport is faster, more convenient and often cheaper than rail, shippers explain. In 2013, Russian Railways loaded 1.24 billion tons, and the monopoly predicts that by 2030 the share of goods transported by road will increase to 11%, while by rail it will decrease to 83% (see chart).

But the general decline in production, slowdown in economic growth hit both segments: Russian Railways recorded a drop in freight traffic, road freight transportation almost did not grow compared to last year - even the flow of goods from railway workers does not help road carriers.

Wagon vs. truck

The overflow of light and medium cargoes to motor vehicles has been taking place in the last 3-4 years, says Evgeny Firsov, general director of the PEK transport company. Olga Kartasheva, commercial director of Multimodal Container Service LLC, speaks about this: “For light and medium-sized cargoes, which often diverge in small batches, road transport is more convenient and cheaper than rail transport.” Delivery of 13 tons of products from St. Petersburg to Alma-Ata in a wagon with a volume of 125 cubic meters. m will cost about 183,000 rubles. excluding VAT, gives the example of Kartashev, and the cost of delivering this cargo by car will be 120,000 rubles. excluding VAT, “accordingly, vehicles are cheaper by 4846 rubles. per ton of product. The cost of transporting a kilogram of cargo from Moscow to Khabarovsk via the DPD express delivery service using road transport is almost equal to the cost of transporting it in a postal and luggage car of a fast train from Moscow to Khabarovsk, says Sergey Vlasov, head of the DPD Russia freight transportation department.

The main advantages of road transport over rail transport, which all senders talk about, are door-to-door delivery of goods, predictability of delivery time.

The recent trend is the rejection of rail transportation by those shippers who used to be among the main clients of Russian Railways: timber processing companies, cement manufacturers, and metallurgists. Their main complaints about the monopoly are high tariffs, sluggishness and lateness.

In the transportation of cement, the share of rail transport annually decreases by approximately 4-5%: in 2010 it was 65%, in 2013 - already 49.5%, says Denis Nazarov, head of the logistics department at Baselcement. The reasons for this, in addition to the increase in railway tariffs, are the localization of the production of cement and building materials, he explains: over the past five years, several new production facilities have been opened near areas of mass construction, which made delivery by road incomparably more convenient and often cheaper. For the timely delivery of cement by rail, the recipient must submit an application 7-10 days before the date of delivery, and in the case of vehicles - just a day.

“Due to the peculiarities of the products of heavy industry enterprises, it is impossible to significantly redistribute transportation to motor vehicles,” says an employee of a large mining and metallurgical company. “Therefore, although the growth of the share is observed, it is calculated in units of percentage points.” But the number of those who prefer motor vehicles will grow following the growth of the tariff, adds a top manager of another large metallurgical company. Each percentage point increase in the rail fare increases the distance over which it becomes more profitable to transport goods by road, he explains.

In 2015, the Russian Railways tariff will increase by 10%, the government has decided. An increase in Russian Railways tariffs above inflation may have negative consequences for the industry and lead to a reduction in production, an increase in costs, and a loss of profitability, an employee of the mining and metallurgical company warns. Railway tariffs account for more than 10% of the cost of rolled products, according to NP Russian Steel (see chart).

"Arkhbum" ("daughter" of the Arkhangelsk Pulp and Paper Mill, includes two factories for the production of corrugated packaging in the Moscow region) by rail in 2008 shipped 75% of products, or 601,000 tons, in 2013 - already 53.3%, or 436,300 t, says the general director of the plant, Vasily Knyrevich. The reason - "convenient and favorable price and service" of vehicles. The price of transportation along the route Arkhangelsk Pulp and Paper Mill - Podolsk branch of "Arkhbum" from warehouse to warehouse - an average of 1100 rubles. for 1 ton; payment by installments, delivery time - no more than two days, no bureaucratic problems, Knyrevich gives an example. In November, transportation to Podolsk by rail was 40% more expensive, delivery times were weeks, payment was strictly prepaid, he says. “Railway transport is a state within a state,” sums up Knyrevich.

A representative of the railway monopoly believes that Russian Railways is in less favorable conditions compared to road carriers: “Motor transport has significant competitive advantages compared to railways - primarily because of the lower financial burden. Russian Railways, at its own expense, maintains and develops the public railway infrastructure, while the state bears the main costs of maintaining roads. In addition, road transport tariffs are not regulated by the state, which allows road transport to quickly respond to market fluctuations by changing prices.”

The main cargoes transported by rail are oil, oil products, coal, lists the general director of the leasing company Transfin-M, Dmitry Zotov. The railway outperforms road transport at distances over 2,000-3,000 km, Kartasheva notes. Rail transport is more convenient and reliable where the paved road network is not well developed - in Siberia, the Far East, when transporting large volumes of goods to large industrial facilities or ports, Nazarov says. Railways are also preferable when it comes to bulky cargo that does not require special temperature conditions, when there is a large margin of time, Timur Ratnikov, director of the transport logistics department of the Molkom operator, notes. If in transportation in tons the share of road transport is 4 times more than rail transport, then in ton-kilometers the indicators of rail transport are 9 times higher than road transport, Zotov gives an example.

Competition in crisis

Following the general decline in production, transportation is also falling. Russian Railways predicts a decrease in freight traffic by 1.8% to 1.2145 billion tons, Interfax wrote with reference to the financial plan of Russian Railways for 2014-2017. Pavel Ilyichev, deputy head of corporate finance at Russian Railways, called the forecast for 2014 "conservative" and based on the forecast of the Ministry of Economic Development, the agency noted. “We have a downward trend. This year, apparently, despite the titanic efforts of workers, cargo owners and manufacturers, we will still hardly be able to rise, ”admitted Russian Railways President Vladimir Yakunin.

The situation is no better for carriers. The road freight transport market slowed down its growth rate to almost zero: according to Rosstat, road freight turnover in the first nine months amounted to 180.4 billion ton-kilometers, which is only 0.2% more than last year. For comparison: over the same period in 2013, the cargo turnover increased by 1.2%. Kamaz says it reduced sales in Russia by 13.5% to 23,013 trucks in the first nine months of 2014. The market at the same time fell by 8.8%.

Some carriers, however, do not yet feel a significant drop. DPD sent 9.9 million parcels in the first nine months of 2014, up 15% year-on-year, says Yury Minakov, head of DPD's road and rail transportation organization in Russia. Cargo turnover of the company "Autotrading" for this period increased by 7% to 225,000 tons. The head of the GC "Intertransavto" Alexander Volik says that for the three quarters of 2014 the number of flights in the company increased by 14.5% compared to the same period in 2013 g, without specifying the turnover.

Nevertheless, market participants record a decrease in the volume of the average cargo. In the PEK company, this figure fell by 0.1 cubic meters over the year. m to 0.9 cu. m, breaking the psychological barrier of 1 cu. m, says PEK CEO Evgeny Firsov. “In the last six months, a trend is clearly visible: those who used to send a truck send half a truck, instead of 500 kg - now 100 kg,” confirms Vladimir Kidyaev, director of the Gruz-Express delivery service.

The reason is the general economic downturn: the slowdown in the implementation of new projects, the outflow of investments from Russia and inertia in the construction market. Industries that carriers depend on - construction, manufacturing and the consumer sector - are falling throughout the year, all players surveyed say. According to Rosstat, the index of industrial production in January-September increased by 1.5% compared to January-September last year, and the volume of work performed by the type of activity "construction" fell by 3.3% over the same period.

The problems of consignors were felt in the company Intertransavto, which began to have problems with receivables. “There was nothing like this in previous crises,” says Volik. - We specialize in working with the largest enterprises in Yekaterinburg and the region, the volume of transportation of such companies is very large. All these organizations operate on a significant deferred payment. Hence the huge receivables. According to him, Intertransavto's receivables have now reached a historical maximum.

The situation is aggravated by the food embargo and the depreciation of the ruble.

Because of the sanctions, some of the carriers that carried out direct deliveries to Europe were forced to switch to the domestic market, says Vladimir Matyagin, chairman of the board of NP Gruzavtotrans. According to him, this has led to competition and curbing the growth of transportation prices. Prices over the past few years have been indexed only to inflation. The average cost of 1 cu. m of groupage cargo for inter-terminal transportation in the Russian market in 2011 amounted to 1921 rubles. (in the calculation, all existing directions and distances were taken into account), calculated in the PEK company based on their orders. In 2014, this figure reached 2878 rubles. Carriers have become more loyal, Vlasov from DPD confirms: “They fix the cost of transportation for a long period - from one to two years. At the same time, we agree with them that a change in tariffs is possible only if the cost of automotive fuel increases by more than 10% of the price fixed at the time of signing the contract.”

“Now we do not notice the effect of the fall in the exchange rate and the decrease in purchasing power - stocks of consumer goods are usually purchased 2-2.5 months in advance, especially since the New Year is coming,” says Firsov from PEK. “Perhaps we will feel a decline in cargo turnover, but after the New Year.” The main effect of the imposition of sanctions should also be expected after the New Year, agrees Pavel Zelyukin, director of the Vovovoz company: “The scale of the losses will be clear later, when it becomes known how the European Union and, most importantly, the main importers from European countries will behave in 2015 .".

Russian Railways response

According to Matyagin, 35-40% of the cost of road transportation is the price of fuel, which has grown by about 30% over the past three years. Many carriers are on the verge of survival, he says, in order to maintain a positive profitability of the business, they have to break the law: go on a flight with overloads, on old cars with technical problems, etc.

In order to compete more successfully with road transport, Russian Railways proposed to abolish the tariff regulation of rail transportation at a distance of up to 1000 km, but the FTS did not agree with this. Then RZD found another way. “In order to save cargo, Russian Railways provides the client with additional services: transshipment at the port, sea freight, scheduled transportation, organization of transportation through the territory of foreign railway administrations, as well as the transition to electronic document management,” says a representative of the monopoly. “On a number of routes, the company is ready to offer the client a single through rate for the entire route of the cargo from the seller to the buyer.”

When on our roads, which are already so crowded, powerful tractors appear, dragging oversized cargo on long trailers, few people experience joy from this. However, it is impossible not to see this as a good sign: if someone is carrying giant turbines, presses, transformers, construction machines, it means that the Russian economy needs such equipment. But is it easy to carry weights in Russia?

Oleg Makarov

Equipment for the transportation of oversized cargo looks impressive, if not regal. Powerful diesel tractors with two or even three driving axles pull trailers, semi-trailers and modular wheeled platforms of various designs. In this area, trendsetters are foreign manufacturers, such as the German Goldhofer or the Belgian Fayonville. They, as well as Russian enterprises in Chelyabinsk and Tver, offer a wide range of platforms for the transportation of oversized cargo of various sizes and types. For example, for long loads such as crane beams, long pipes or concrete structures, semi-trailers are made with a sliding central beam, which allows you to lengthen the trailer, keeping it as a single rigid structure. Another option is the so-called dissolution. In this case, the rear trolley is completely separated from the platform, and the load (for example, the same pipe) acts as the supporting structure of the trailer. Trailers and semi-trailers for the transportation of oversized heavy loads are produced mainly in the flat version (if we are not talking about transport for some special tasks), which allows you to lay loads on the platforms that are much larger than the width of the trailer itself. However, if the width of the trailer is not enough, and the load at the same time weighs about hundreds of tons, the so-called modular wheeled platforms are used. As their name implies, these modules can be assembled together to create a towable platform of almost any length and width, as modular platforms can be mounted one after another or in a row. For the convenience of loading and to reduce the dimensions of the cargo in height, all trailers are made according to a low-frame scheme with a platform height in the range of 0.5–0.9 m.

Let's steer together

One of the “moments of truth” for a road train with a length of several tens of meters is fitting into turns among residential or industrial buildings. To facilitate maneuvering, the wheels of the axles of trailer platforms are capable of turning after the tractor entering the turn. Moreover, if on some designs the axles make such a turn inertially, then in trailers of more complex designs the axles are controlled by hydraulics.

Not only wheels

There is a remarkable moment in the picture - for the transportation of cargo, probably weighing several hundred tons, a temporary bridge is being built on a floating support. The existing bridge is apparently not designed for such loads. In general, special projects for the movement of super-heavy cargo often require a serious improvement of the infrastructure and sometimes take years. Sometimes special roads are built, for example, bypassing gas pipelines, and berths are reconstructed. It should be noted that the transportation of the heaviest cargoes is carried out, as a rule, not over very long distances. For example, the "exploits" of companies like ALE are known, moving entire factories, houses and ships on assemblies from modular wheeled platforms. But these movements, as a rule, are made at distances from several hundred meters to several kilometers within the construction site or seaport. By the way, despite the significant distribution of pressure, after the passage of a multi-axle platform, dents up to 10 cm deep remain on the asphalt, and the coating must be restored. Cargoes of 300–400 tons are transported, as a rule, within 100–200 km. However, if you think in terms of Western Europe, this is not so small.

When the tractor turns, sensors mounted on the turntable detect the turn and send commands to the hydraulic devices, which in turn "steer" the axles. On many modern trailers for transporting oversized cargo, trailer axles are also controlled from a separate remote control. In the conditions of mountain serpentine or narrow streets of Western European cities, the turn of the road train is carried out with the participation of two people - the driver of the tractor and the trailer operator, who gives commands to the trailer axles from the remote control and communicates with the driver via radio. Some Fayonville Variomax semi-trailers are equipped with so-called pendulum axles (independent wheel set suspension on both sides of the trailer), which makes it possible to transport heavy loads over uneven ground, for example on a construction site, without significant heeling of the entire structure. It is also worth adding that low-bed trailers, as a rule, have ramps for the entry of self-propelled objects. In other cases, loading is carried out using cranes.

In other words, high-quality equipment, with which you can transport oversized cargo, is quite affordable for transport companies. However, its operation in Russian conditions, of course, has its own specifics, determined by the main Russian troubles - roads and ... the legislative-bureaucratic-corruption component.

To move oversized cargo in mountainous conditions, not one, but two or three tractors are often used. Please note that all vehicles carry a counterweight to improve traction.

Not enough space

When transporting oversized cargo, especially over long distances, the main question is usually not what to carry, but how. And even though highways are not railways with their rigid dimensions, measurements and calculations are required before taking something somewhere. For example, the average height of overpasses passing over the roads is 4.5 m. Thus, if the height of the load is more than 4 m (and you must also take into account the height of the trailer), it will not crawl under the bridge. This means that we need to somehow get out of the situation, for example, make a route so that this bridge is bypassed. Or a power line with a wire height of 6 m above the ground may come across on the way. If the transported cargo reaches a height of 5.5 m, the power line must be turned off, otherwise, as our readers will easily guess, everything can end fatally for both the cargo and the tractor and for the driver. To turn off power lines or temporarily remove wires at railway crossings, the road train must be accompanied by aerial platforms and a crew of electricians. There is also the problem of the carrying capacity of bridges, and if the bridge, according to its parameters, is not capable of passing, say, a hundred-ton road train, it must either be additionally strengthened, or a so-called cap bridge should be used, which is assembled from metal structures and placed on top of the existing one with support on the banks of the river or side embankments. A separate topic is road safety. According to existing rules, if the width of the cargo exceeds 4 m or the length of the road train is 30 m, it is necessary to escort the traffic police car. After all, sometimes when driving along a two-lane road that is usual for Russia, a road train with a load of 4-6 m wide actually blocks traffic in both directions. In this case, his movement consists of stages. The track is blocked, the road train passes a certain section, then moves off the road and passes the flow, then resumes movement again.

For sure, to transport one vintage bulldozer on three steam cars (as shown in the photo from a modern retro show), both skill and ingenuity are required. But in real work on the transportation of oversized items, experience is also highly desirable. “Transportation of heavy and oversized cargo requires particularly high qualifications of tractor drivers,” says Roman Karp, “however, unfortunately, there are no schools for training specialists of this class in Russia, and category “E” licenses are considered sufficient evidence of qualifications. However, if a person has been driving a Zila all his life, and then got into the cab of a tractor with a 35-meter trailer, then the likelihood that something unpleasant will happen to him on the road is much higher compared to the driver who carries these 35 meters 10− 15 years. An experienced driver has knowledge that no driving school will give - for example, the understanding that the load must be secured with a slight offset, compensating for the slope of the roadway. Such knowledge can be obtained either with experience (but it must be developed somewhere), or in the process of special training. Maybe we should take an example from Germany, where in order to transport oversized cargo, all employees must undergo special training, and the carrier company must receive certification?

Terrible excavator

After that, is it necessary to say that the transportation of oversized cargo is an extremely expensive and troublesome business, requiring, of course, obtaining special permission from numerous approvals from the Federal Road Traffic Safety Inspectorate, the traffic police, organizations that manage energy networks and bridges. It would seem that all these approvals, signatures and seals should guarantee the safety of oversized transportation, but in reality, as is often the case in the reality we know, everything is somewhat different.

In 2006, an accident occurred in the Ryazan region involving a tractor with a trailer carrying heavy construction equipment. The height of the boom of the excavator standing on the trailer exceeded the height of the lower edge of the railway bridge, that is, the tractor with the load simply did not fit into the dimensions. However, if the excavator had been installed at least according to the rules (that is, with the boom back), then, perhaps, the consequences of the accident would not have been so large-scale - the boom would simply have been torn off. However, the heavy construction vehicle was parked on the trailer just the way the rules wouldn't dictate. As a result, when the road train was passing under the bridge, the excavator literally reared up and moved one of the spans of the bridge. It was at this time that a freight train with tanks filled with gasoline was driving along the bridge. Several tanks derailed, the fuel ignited and a huge fire started. Another noteworthy incident was noted in the center of Barnaul, when a KrAZ with an oversized cargo ran into tram wires and brought down two concrete pillars to the ground, one of which flattened a newsstand. Fortunately, in both cases there were no casualties, but even these incidents clearly demonstrate how dangerous the transportation of oversized cargo can be if their organizers decide to work “at random”.

The photo shows the moment of transportation to the installation site of the turbine of the power plant and the transformer substation weighing hundreds of tons. Transportation was carried out on trailers assembled from modular wheeled platforms with pendulum axles.

Finns are not a decree for us!

“Such cases with the transportation of oversized cargo, unfortunately, occur regularly,” says Roman Karp, general director of the Moscow-based Inter-car company. - And all because the state is always striving to toughen something, to fight something, but it would be necessary to streamline it. In Finland, in order to arrange transportation, a company sends an e-mail request, and a few days later they receive an invoice and authorization via the same e-mail. This permission is printed on the printer, and you can pay the bill and go on a flight. Nobody collects any seals and signatures. If traffic police officers are interested in the authenticity of the permit, they enter its number into the electronic database and check it. In Russia, it may take two to three weeks to obtain a permit (if we are talking about a road train up to 44 tons). If a special project is planned for the transportation of large-tonnage cargo over a long distance, bureaucratic red tape will stretch for months. And one moment. In the process of obtaining special permits, Rosavtodor is obliged to calculate the declared route in terms of the height and carrying capacity of bridges, the need to cross power lines, road surface characteristics, etc. However, for some reason, it turns out that Rosavtodor sometimes prescribes a route that is not at all possible everywhere drive. Therefore, the responsibility for measuring the route lies with the carriers. And, unfortunately, such cases have become more frequent, especially in the years of crisis, when carriers ignore the need to measure the route. These organizations undertake to carry, and then they think how to do it.”

Metal on serpentines

Long and complicated negotiations, unnecessarily high, according to carriers, fees for the wear of the road surface and the desire to save money on measuring the route, push other transport companies into the jungle of "black" and corruption schemes. At the same time, firms that are ready to work "in a white manner" suffer from the dumping of illegal carriers. If the second price offered on the market is lower than that which includes legal payments, the customer will often prefer it, thereby increasing the likelihood of incidents such as Ryazan or Barnaul. There is another reason why oversized transport often becomes a source of potential danger: the wear and tear of the trailer fleet.

“This is a common misfortune of our economy, but it concerns the oversized transportation industry in particular: many transport companies, trying to tempt the customer with a low price, ignore such a thing as depreciation,” explains Roman Karp. - These deductions simply do not fit into their tariffs. Meanwhile, a modern trailer does not last so long. Ideally, it should pay off in three years, after five it already requires serious repairs, and after seven it must be written off at a residual value for scrap metal. If the trailer is operated, for example, at a construction site in Sochi, then it must be understood that during sharp turns on mountain serpentines and elevation changes, the platform metal is subjected to significant torsional force and wears out very intensively. Its actual service life is even less. Nevertheless, the industry is widely used equipment that has served its purpose, including those built 40 years ago.”

To transport the wind turbine blade 60 m long, a telescoping semi-trailer towed by a four-axle tractor was needed. Loads with a unique configuration require special installation on the trailer. In this case, the blade has three support points.

Hike to the east

With all the listed organizational and technical problems of the industry, oversized transportation in Russia, according to representatives of carriers, is very active. And although in water-rich Russia there is and is used an alternative in the form of river and sea transport, in some cases motor transport is practically indispensable, because even building a special road to the place of unloading will be cheaper than digging a canal there. Today in our country, in the presence of some internal traffic, the West-East axis is an important direction of oversized transportation. Russia, which produces industrial equipment in very limited quantities, is carrying machines, tanks, and transformers for factories under construction or modernization. Having loaded in the seaports of European Russia, tractors drag huge parts of future production into the interior of the country, overcoming bridges, crossings, power lines and some features of our social structure.

We thank Inter-Car (Moscow) and TIS Group (St. Petersburg) for their assistance in preparing the material