Article 44. Operation of railway transport in emergency situations and conditions
On railway transport (LRU-1006-son) · Date: 27.11.2024 · In force
Public railway transport enterprises and carriers shall take urgent measures to eliminate the consequences of incidents related to the violation of safety requirements for movement and transportation on railway transport, natural disasters (soil-sand drifts caused by wind, floods, fires), and other emergency situations that lead to the disruption of railway transport operations.
State authority bodies shall provide assistance to public railway transport enterprises and carriers in eliminating the consequences of incidents related to the violation of safety requirements for movement and transportation on railway transport, natural disasters, and other emergency situations and conditions that threaten the lives and health of people, the natural environment, traffic safety, and the preservation of cargo.
If, due to force majeure, military actions, blockades, epidemics, and other emergency situations, or the result of an introduced state of emergency, obstacles arise that prevent the delivery of baggage, freight-baggage, and cargo to the destination or their issuance to the relevant consignee (recipient), and similarly if the maximum storage periods for baggage, freight-baggage, cargo, postal, and courier shipments expire for these reasons, the said carrier is entitled, in the manner established by legislation:
to deliver (realize) the baggage, freight-baggage, cargo, postal, and courier shipments based on the instructions of the consignor (sender) or consignee (recipient);
or, if such instructions are not received within the established timeframe, to deliver (realize) the items;
or, if this is not possible, to return them to the consignor (sender).
In this case, the sum received for the delivered (realized) baggage, freight-baggage, cargo, postal, and courier shipments, minus the sums due to the carrier, shall be transferred to the account of the consignee (recipient) specified in the transportation documents if the value was paid, or in all other cases, to the account of the consignor (sender).
Funds received by the carrier from the realization of baggage, freight-baggage, cargo, postal, and courier shipments without documents shall be transferred in favor of the carrier and used to compensate for sums paid by the carrier to the consignor (sender) or consignee (recipient) for items that did not arrive at their destination.
