Article 87. Exemption of the carrier from the liability of the Railway Transport Act

Home / RLA / Article 87. Exemption of the carrier from the liability of the Railway Transport Act

1. The carrier is released from liability, in addition to the grounds specified in paragraph 2 of Article 86 of this Law, in the following cases::

1) non-fulfillment or improper fulfillment of obligations due to the fault of the passenger, the sender (sender), the recipient (recipient), the forwarder;

2) making up for the failure of wagons and containers allowed for certain days of the decade, during this calendar decade with the consent of the shipper;

3) the termination of the delivery of wagons, containers or the delay in the departure of goods on the grounds provided for in paragraph 3 of Article 47 of this Law;

4) damage (spoilage) of the cargo due to its untimely unloading and export by the consignee;

5) the arrival of baggage, cargo and cargo baggage in a serviceable wagon, container with serviceable locking and sealing devices installed by the sender (shipper), or in serviceable rolling stock without overloading en route with serviceable protective markings or serviceable binding, as well as in the presence of other signs indicating the safety of baggage, cargo, cargo baggage;

6) the unsecurity of the cargo due to special natural properties, as well as due to its delivery for transportation without specifying in the transportation documents special properties that require special conditions or precautions during transportation or storage;

7) loading, unloading (unloading) of cargo into a covered wagon, container, if loading or unloading (unloading) was carried out by means of the shipper or consignee;

8) unsecurity of cargo due to natural causes associated with transportation on open rolling stock;

9) cargo transportation accompanied by the sender's or recipient's guide;

10) the inaccuracy, inaccuracy or incompleteness of the information indicated by the shipper in the railway bill of lading;

11) differences in the weight of the cargo within the limits of the norms of natural loss, decrease in humidity and discrepancies in the norms in the readings of the scales, as well as differences in the weight of the cargo accepted for transportation by weight determined by the shipper without the participation of the carrier;

12) spoilage of perishable cargo in compliance with the transportability period and temperature conditions;

13) unsecurity of baggage, cargo, cargo baggage due to hidden defects in transport containers or their properties;

14) the use of fewer wagons and containers than provided for in the application, as a result of compacted loading.

2. The carrier is not responsible for the safety of baggage traveling with the passenger as hand luggage, except in cases of damage to baggage caused by the carrier's fault.

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.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases

Commentary to article 67. Exemption from criminal liability in connection with reconciliation with the victim of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

Commentary to article 67. Exemption from criminal liability in connection with reconciliation with the victim of the Criminal Code of the Republic of Kazakhstan of the Crimina...