Article 55. Obstacles to the transportation of goods of the Railway Transport Act

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1. The carrier is obliged to notify the shipper or forwarder of the occurrence of obstacles to the transportation of goods due to their fault (delay by state revenue authorities or other government agencies) and the impossibility of transferring such goods to other carriers for further transportation immediately by telegraph or otherwise in accordance with the concluded contract.

The shipper, as well as the forwarder, if such obligations are imposed on him by the contract, are obliged to take measures to remove obstacles to the carriage of goods.

2. The delivery time set for the carrier is extended by the time the cargo is delayed due to the fault of the shipper or forwarder.

3. During the delay of export and import cargo, the perpetrator pays the carrier a fee for the use of wagons and containers, and for the delay of transit cargo - a fee in the amount established by the terms of international treaties of the Republic of Kazakhstan.

4. If the shipper or the consignee has not taken action with respect to the delayed cargo within eight days (with respect to perishable, dangerous cargo within four days) from the moment of receipt of the notification from the carrier, the carrier has the right to return the cargo to the shipper at his expense or to demand the cargo be released from the vehicle, and to dispose of the perishable cargo in accordance with paragraph 2 of Article 53 of this Law.

The Law of the Republic of Kazakhstan dated December 8, 2001 No. 266.

This Law regulates public relations between carriers, participants in the transportation process, government agencies, passengers, senders, recipients, shippers, consignees, and other individuals and legal entities when transporting passengers, baggage, cargo, baggage, and mail by rail.

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