SIAFI International Railway Transport Law

Transcription

1 SIAFI 2008 International Railway Transport Law

2 Content 1. COTIF : Convention concerning International Carriage by Rail 2. CIV : Uniform Rules concerning the Carriage of Passengers 3. CIM : Uniform Rules concerning the Carriage of Freight 4. CUV : Uniform Rules concerning the Use of Vehicles 5. CUI : Uniform Rules concerning the Use of Infrastructure 6. CIT Products 7. East-West Traffic

3 CU = Customer IM = Infrastructure Manager RU = Railway undertaking SC = Substitute carrier CU VK SP = Servants & other persons VK = Vehicle keeper SP RU 2 RU 3 4 SC 4 4 IM IM IM

4 2. COTIF COTIF = Convention concerning International Carriage by Rail Aim = to establish uniform rules for international rail transport Entry into force: 1 July 2006 OTIF = Intergovernmental organisation for International Carriage by Rail 42 Member States (soon 43? Estonia or Montenegro) Since

5 COTIF 1999 Entry into force: 1 July 2006 Dated 28 March 2008 NO SE FI Whole COTIF (8/21) Whole COTIF on specific lines only (1) CIV, CIM, RID, CUV (12/13) IE PT ES GB FR DK NL BE DE LU CH MC FL IT LV LT PL CZ SK AT HU SI HR RO BA RS MK BG AL GR UA TR XX CIV, CIM (1) Not yet ratified (3/4) = EU Member State Suspended MA TN LB SY IQ IR DZ

6 2. COTIF s structure Vilnius Protocol 1999 COTIF Convention concerning International Carriage by Rail Protocol on privileges et immunities of OTIF Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G CIV CIM RID CUV CUI APTU ATMF

7 2. COTIF uniform rules customer Govern the relations of the parties to contracts of: 1. international carriage of passenger or goods: CIV + CIM 2. use of vehicles in international traffic: CUV 3. use of infrastructure in international traffic: CUI 1 RU 2 VK Prevail over national law, GTC and individual contracts Well adapted for a liberalised market: large contractual freedom (different types of relations possible between railways) and good protection for customers (liability rules) 3 IM

8 Traditional model of transport: successive carriers customer carrier carrier carrier Infrastructure Infrastructure Infrastructure Infrastructure

9 New model of transport: substitute carrier customer carrier carrier carrier substitute carrier Infrastructure Infrastructure Infrastructure Infrastructure

10 3. CIV: passenger ticket Ticket = only a proof of the contract of carriage (Art. 6) Minimum content (Art. 7 2) = indication of the carrier/s Carrier/s (Art. 3 lit. a) = contractual carrier/s successive carrier/s though not: substitute carrier/s

11 3. CIV: liability rules Strict liability system (= présomption de responsabilité / kausale Haftung): independent of any fault of the RU Liability amounts: Personal injury: min SDR ( = ca ) Loss to property: Hand baggage: max SDR (= ca ) Missed connection at night: accommodation/notification A B

12 3. CIV and Passenger Charter: liability for delays Delay during the day (1h) Delay with night train (2h) Missed connection * Pass excluded (InterRail, Eurail) 20% of single fare* if > 50 EU + EFTA since Hotel / taxi / costs of notification OTIF since Point 13 GTC-CIV + AIV

13 4. CIM: consignment note Consignment note = only a proof of the contract of carriage (Art. 6 2) However, consignment note is obligatory for customs (Art. 6 7) International associations of carriers (like CIT) have the task to establish uniform model consignment notes (Art. 6 8) Scope of application of CIM: possible extension to States outside OTIF

14 4. CIM: liability rules In general: strict liability system for loss, damage or late delivery of goods: independent of any fault of the RU (Art. 23 CIM) Exception: liability based on fault for vehicles carried as goods (Art. 24) Successive carriers: each carrier is responsible for the entire carriage (Art. 26) Substitute carrier: jointly and severally responsible with the contractual carrier (Art. 27) Liability amounts: - loss and damage (Art. 30/32): 17 SDR/kg (= ~ 19 /kg) - late delivery (Art. 33): 4 x carriage charge

15 5. CUV: use of vehicles New rules for the use of railway vehicles as means of transport: complex legal domain confronted with old traditions and different railway cultures No more distinction between private vehicles and RU s vehicles Clear and fair liability rules, but flexible law: negotiations between UIC, ERFA and UIP for CUU Liability for: - Damage to vehicles : liability of the RU based on fault with reversal of the burden of proof - Damage caused by vehicles: liability of the keeper based on fault (minimum threshold fixed)

16 5. CUV: wagon note No legal basis in CUV, but foreseen in CUU Necessary to establish a uniform document accompanying empty vehicles CIT merged the wagon note together with the consignment note: only one document

17 6. CUI and EC Law: access and use of infrastructure Framework agreement Allocation Network statement Contract of Use GTC

18 6. CUI: liability rules Strict liability system: independent of any fault Liability for delays partly foreseen: but negotiations necessary Liability amounts: bodily damage: min SDR (= ~ )

19 6. European General Terms and Conditions of Use of the Railway Infrastructure Negotiations between CIT and RNE, with support of CER, UIC, ERFA, EIM Common structure and common principles Implementation: Liability: accidents: CUI, adapted to national traffic delays: 8 1 lit. c CUI EPR or contract

20 7. CIT products for freight and passenger traffic STC = standardised contractual rules developped by RUs for their customers GTC = standardised contractual rules put at CIT s members disposal Charter = political declaration for improving quality STC GTC Passenger / Freight Charter CIV / CIM RUs / UIC CIT CER OTIF

21 3. Architecture of the contract of carriage STC TCV, RU s own rules Contrat of carriage Ticket as proof of the contract

22 7. CIT Products Passenger traffic (CIV) Freight traffic (CIM) Use of wagons (CUV) Use of Infrastructure (CUI) 1. Passenger Charter (jointly with UIC and CER) 1. Freight Charter (jointly with UIC and CER) Mainly by the UIC Eur. GTC (jointly with RNE) 2. GTC CIV 3. GTT-CIV 4. GTV-CIT (with GTC for co-operation) 5. AIV 6. CIT database 2. GTC CIM 3. GTC for co-operation 4. GLV-CIM 5. GLV-TC 6. GTM-CIT 7. CIM-SMGS Manuals 8. AIM CIT: GLW-CUV 9. CIT database

23 8. Future prospects: towards East Co-existence of 2 distinct legal regimes of historical reasons : CIM and SMGS CIV and SMPS To overcome difficulties: freight traffic: common project between CIT and OSJD called Legal interoperability CIM-SMGS passenger traffic: East-West Tariff

24

25 COTIF SMPS/SMGS EC law Legal interoperability!

26 First steps in the project of CIT/OSJD: Common CIM/SMGS consignment note and formal report New paper transport documents used on several lines already: Germany Ukraine Czech Republic Ukraine Electronic consignment note: work in progress Objectives for the next months: extend the application of the consignment note in practice harmonise the legal systems