Dont stand on tracks

09.07.2013

Dont stand on tracks

Unproductive usage of infrastructure shall be paid The governmental commission on lawmaking has approved the amendments to the railway legislation according to which the layover of wagons of private operators on public tracks shall become paid. The law "About Railway Transport" and the Charter of railway transport shall be also amended. As it is noted in the commission minutes, - "At the moment the federal law "Charter of railway transport of the Russian Federation" does not include any provisions obliging the owners of wagons to pay for the occupation of public tracks beyond set time.

In this regard, public tracks become a sort of free parking places where an empty wagon can stay for a long time waiting for the most favorable freight. Infrastructure occupation by the wagons which are not participating in transportation process usually results in forced deficiency of carrying capacities, emergence of so called "bottlenecks". It is thus specified that no fee is charged when the owner of infrastructure is responsible for the demurrage.

The RZD have noted that the amendments to the document are very important for the company. The deputy head of RZD legal department Alexey Vasilyev says, "Our opponents claim that article 39 of the existing Charter makes no provision for any charges (payment) for the use of public tracks in case of their occupation by wagons which are not in the ownership of the carrier. Now a new paragraph will be added to this article, according to it, if consignors, consignees or the owners of non-public tracks are responsible for the demurrage of wagons (irrespective of the ownership), they shall pay for the use of tracks. The duty to pay for the use of tracks shall be provided by law, payment procedure shall be settled by the contract, and the amount of charge shall be established by FST in the Tariff guide No. 2".

Now legal precedents on this issue are contradictory. The Supreme Court considers that collection of payment is reasonable, and Supreme Arbitration Court presidium in turn believes that it is possible upon relevant contract. It goes without saying that the operators and wagon owners avoid execution of such contracts. When the amendments will be adopted, this question will be removed from the agenda as there will be direct provisions in the law.

"These amendments had been discussed within operator community, and were supported by them, - said Sergey Tugarinov, the member of presidium of NP "Council of Participants of the Market of Operators of the Rolling Stock Services ", to "Gudok". - Payment will discipline carrier, operator and cargo owner, will reduce demurrage under operations".

The probability is that operators, cargo owners and consignees will set technological time for all operations and in case of exceeding of it for a certain term the payment for demurrage shall be small.

Then the payment shall grow sharply. Thus, unproductive usage of tracks will become rather expensive. The document will be transferred to the Government soon, and it has to send it the State Duma.

S. Pletnev /Source: Gudok

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