Responsibility for falsification of cargo information >
Please note that the legislation of the Russian Federation provides for liability of shippers to carrier for the distortion in the traffic documents information on the name and properties of the goods, and the amount of such liability is essential.
In particular, article 98 of the Federal law "Charter of railway transport of the Russian Federation" for these violations provide recovery from shipper of fine in the amount of a fivefold payment for transportation of cargoes. In accordance with paragraph 3 of article 35 of the Federal law "the Charter of road transport and urban ground electric transport" for the distortion of information on properties of cargo from shipper is charged a penalty of twenty percent of fare reimbursement to the carrier of the damage.
In 2016 in order to counter terrorism and ensure public safety, changes in legislation, which imposes on carrier obligations in terms of verification provided by client to information on properties of cargo, conditions of its transportation, etc.
In order to avoid cases of distortion of information on the name and properties of the goods, PJSC "TransContainer" in the new standard contract of transport expedition provided the following.
In paragraph 2.3.6 of the General conditions of rendering of services of transport expedition (further – General conditions) establishes an obligation of the client to ensure the photographs of the cargo in the container. To implement this duty, the simplification of this procedure PJSC "TransContainer" developed a mobile application that allows customers to transfer to PJSC "TransContainer" materials photographic recording of results loading of cargo in container.
Paragraph 6.4.1 of the General conditions establish the liability of the client for the misrepresentation of the name of goods in the form of a fine in the amount of 500 000 (five hundred thousand) rubles.
From 1 December 2017 organized the register of persons who make a false indication of name of the goods (hereinafter – the Register). Rules of maintaining the Register will be posted on the website of PJSC "TransContainer". Inclusion in the Registry will lead to the client a number of negative consequences:
additional obligatory inspection of goods for subsequent transportation;
the inadmissibility of the use when ordering services options
"Of PJSC "TransContainer" – the shipper, the consignee";
the possibility of failure in the acceptance of the order, with repeated cases of distortion of names of the goods after the incorporation of the client or his representatives in the Register.