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Scientific Journal on Transport and Logistics Vol
LOGI – Scientific Journal on Transport and Logistics Vol. 11 No. 1 2020 DOI: 10.2478/logi-2020-0002 © 2020 L. Černá et. al. This is an open access article licensed under the Creative Commons Attribution- NonCommercial-NoDerivs License (http://creativecommons.org/licenses/by-nc-nd/3.0/). Methodical Manual for a Set of Transport Regulations in Railway Passenger Transport Lenka Černá1*, Vladislav Zitrický1 and Borna Abramović2 1University of Žilina, Univerzitna 1, 010 26 Zilina, Slovak Republic, E-mail: [email protected]; [email protected] 2University of Zagreb, ZUK Borongaj, Borongajska cesta 83a, 10000 Zagreb, Republic of Croatia, E-mail: [email protected] *Corresponding Author: Lenka Černá Abstract: The European Union is the first and only region worldwide where passengers have comprehensive and integrated fundamental rights on all modes of transport. The rights are based on the principles of non-discrimination, accurate, timely and accessible information as well as prompt and adequate assistance. There is also a specific code of transport regulating conditions under which a carrier transports persons, baggage, animals and goods on the rail network. The actual creation of such transport regulations should follow from a certain methodology. Thus, the paper´s objective is to propose methodical procedures that would be related to a set of regulations in railway passenger transport. The manual proposed will respect relevant legislation, which determines minimum requirements for developing transport regulations, and obligations of carriers as well. As the code of transport is part of public proposals for concluding transport contracts of the carriage of passengers, the methodical manual will contribute to making regulations in passenger transport to be better suited to practical requirements. -
A Review of the Preferred Ship Mortgage
Fordham Law Review Volume 31 Issue 2 Article 1 1962 Security at Sea: A Review of the Preferred Ship Mortgage Richard Gyory Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Richard Gyory, Security at Sea: A Review of the Preferred Ship Mortgage, 31 Fordham L. Rev. 231 (1962). Available at: https://ir.lawnet.fordham.edu/flr/vol31/iss2/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Security at Sea: A Review of the Preferred Ship Mortgage Cover Page Footnote The author wishes to acknowledge the helpful suggestions of Martin Gold, Esq. and Lloyd Reed, Esq. of the New York Bar. *Member of the New York Bar This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol31/iss2/1 SECURITY AT SEA: A REVIEW OF THE PREFERRED SHIP MORTGAGEt RICHARD GYORY* IN JU TE 1920, Congress climaxed a burst of legislative activity directed to the Merchant Marine by passing the Ship Mortgage Act.' Its purpose was to furnish realistic financing for the maritime field, and to help the Government dispose of three billion dollars' worth of tonnage acquired during World War I.2 Entering its fifth decade, the preferred ship mortgage is the subject of extensive economic activity on the part of the Government and pri- vate investors.3 At the same time, the preferred ship mortgage is under- going the most intense litigational period in its history." This litigation I The author wishes to acknowledge the helpful suggestions of Martin Gold, Esq. -
Duties Owed by Mortgagees of Ships When Exercising Their “Power of Sale” September 2018
BRIEFING DUTIES OWED BY MORTGAGEES OF SHIPS WHEN EXERCISING THEIR “POWER OF SALE” SEPTEMBER 2018 ● ENGLISH ADMIRALTY COURT SUMMARISES MORTGAGEE’S DUTIES UNDER ENGLISH LAW ON SALE OF A SHIP ● LIBERIAN AND MARSHALL ISLANDS FLAG SHIPS WILL LOOK TO US LAW AND UNIFORM COMMERCIAL CODE ● BEST GUIDANCE OF MARKET VALUE IS EVIDENCE OF ACTUAL SALES OF SIMILAR VESSELS In the recent case of Close Brothers v (1) AIS (Marine) 2 Limited and (2) Paul Chandler1, the English Admiralty Court has reviewed and provided a helpful summary of a mortgagee’s duties under English law on sale of a ship. The decision is a useful reminder that a mortgagee will need to consider more than its own interests in such a situation. Background Ship mortgages registered in many flag states (including the UK, Singapore, Hong “‘SELF-HELP’ REMEDIES, Kong, Gibraltar, Cyprus, Malta, the Marshall Islands and Liberia) entitle the MAY GIVE MUCH QUICKER mortgagee, when the mortgage becomes enforceable to sell the mortgaged ship by using its ‘power of sale’ in the mortgage and/or its appointment as the owner’s AND MORE COST- attorney under the general power of attorney granted in the mortgage. These rights, EFFECTIVE RELIEF THAN sometimes known as ‘self-help’ remedies, may give much quicker and more cost- FORMAL COURT ARREST effective relief than formal court arrest and sale processes, which can take many months or even years in some parts of the world. AND SALE PROCESSES.” A mortgagee who enforces its security by exercising its ‘power of sale’ must not, however, overlook its defaulting owner’s interest in the ship, sometimes called the ‘equity of redemption’, when concluding such a sale. -
Consultation on the European Commission Proposal on Bus and Coach Passenger Rights: Report on Responses
Consultation on the European Commission proposal on bus and coach passenger rights: report on responses Introduction 1. On 4 March 2009 DfT published a consultation paper seeking views on the 'European Commission proposal on bus and coach passenger rights’ which aims to make bus and coach travel more attractive and accessible to all passengers, including disabled people and people with reduced mobility, and to create a level playing field across Europe, both between operators and different modes of transport. 2. The proposed Regulation sets out provisions to: prevent discrimination on grounds of nationality or place of residence with regard to conditions and prices offered to passengers by operators; establish standard rules on liability in the event of death or injury of passengers and loss of or damage to their luggage and to harmonise these with other modes of transport; prevent discrimination on the grounds of disability or reduced mobility with regard to booking a journey or boarding a vehicle (unless safety regulations or the size of the vehicle makes it impossible); give disabled persons and persons with reduced mobility the right to assistance during their travel free of charge; oblige companies to provide passengers with adequate information, throughout their journey, particularly where services are cancelled or subject to long delays, and with information about their rights; and ensure operators have a complaint handling mechanism, with each Member State designating a body responsible for the enforcement of the proposed Regulation. 3. The consultation paper was published on the DfT website (www.dft.gov.uk) and sent to 95 stakeholders. The consultation ran for six weeks, ending on 14 April, rather than the usual twelve, to ensure that stakeholder views could be taken into account before detailed negotiations on the proposal began in April 2009. -
Convention on the Contract for the International Carriage of Goods by Road (C M R)
E/ECE/253 E/ECE/TRANS/489 CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (C M R) and PROTOCOL OF SIGNATURE done at Geneva on 19 May 1956 UNITED NATIONS NATIONS UNIES CONVENTION RELATIVE AU CONTRAT DE TRANSPORT INTERNATIONAL DE MARCHANDISES PAR ROUTE (C M R) et PROTOCOLE DE SIGNATURE en date, à Genève, du 19 mai 1956 CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR) Preamble THE CONTRACTING PARTIES, HAVING RECOGNIZED the desirability of standardizing the conditions governing the contract for the international carriage of goods by road, particularly with respect to the documents used for such carriage and to the carrier's liability, HAVE AGREED as follows: Chapter I SCOPE OF APPLICATION Article 1 1. This Convention shall apply to every contract for the carriage of goods by road in vehicles for reward, when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a Contracting country, irrespective of the place of residence and the nationality of the parties. 2. For the purpose of this Convention, "vehicles" means motor vehicles, articulated vehicles, trailers and semi-trailers as defined in article 4 of the Convention on Road Traffic dated 19 September 1949. 3. This Convention shall apply also where carriage coming within its scope is carried out by States or by governmental institutions or organizations. 4 . This Convention shall not apply: (a) To carriage performed under the terms of any international postal convention; (b) To funeral consignments; (c) To furniture removal. -
General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM)
Edition 1 July 2006 General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) Applicable with effect from 1 July 2006 GTC-CIM This document may be shared with the public In accordance with point 2.5 a) of the CIT Statutes, this document is a recommendation and only binds members to the extent that members adopt it (opting-in principle). © 2006 International Rail Transport Committee (CIT) www.cit-rail.org Amendment No Applicable with effect from 2 General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) 1 Definitions 4 Consignment note For the purposes of these General Terms and Conditions of 4.1 Except if otherwise agreed, the completion of the Carriage (GTC-CIM) the term: consignment note shall be the responsibility of the a) «CIM» means the Uniform Rules concerning the consignor. Contract of International Carriage of Goods by Rail, 4.2 The GLV-CIM contains the information required to Appendix B to the Convention concerning International make use of the consignment note. Carriage by Rail (COTIF 1999), b) «carrier» means the contractual carrier or the successive 4.3 In accordance with CIM Article 6 § 9, the consign- carrier, ment note may be created as an electronic record. The par- c) «substitute carrier» means a carrier who has not ties to the contract shall determine details for the use of an concluded the contract of carriage with the consignor but electronic consignment note in a special agreement. Print- to whom the carrier defined under (b) has entrusted the outs complying with the provisions of the GLV-CIM shall be performance of the carriage by rail in total or in part. -
1963 REGISTRATION of SHIPS UNDER CONSTRUCTION 2 .Pdf 195.65 KB
(iNTERNATIONALMARITIME COMMITTEE J International Subcommittee on REGISTRATION OF SHIPS UNDER CONSTRUCTION 2. REPLIES TO QUESTIONNAIRE ITALY RSC 4 SWEDEN RSC 5 DENMARK RSC 6 NETHERLANDS RSC 7 GERMANY RSC8 FEBRUARY 1963 RSC -4 11 - 62 ITALIAN MARITIME LAW ASSOCIATION REGISTRATION OF SHIPS UNDER CONSTRUCTION REPLY TO THE QUESTIONNAIRE I. The questionnaire. Registration of ships under construction in an official register is compulsory in Italy, pursuant to article 233 of the navigation code which reads as follows 233. (Declaration of construction). Whoever undertakes the con- struction of a vessel or craft shall previously file with the competent office of the place where the construction of the hull is going to be carried out a declaration thereof indicating the yard and the factory where the hull and the propelling machinery will be constructed. and the names of the persons who will be in charge of such construction. The office shall register such declaration in the register of ships under construction. The changement of the persons in charge of the constructions shall likewise be notified to the office and endorsed on the registrar. Registration of ships under construction must be effected, as stated in article 233 of the navigation code, prior to the commencement of the construction. The following instruments may be registered, when they refer to ships under construction: Shipbuilding contracts (article 238 of the navigation code). Contracts of sale (art. 2684 n. i of the civil code). Contracts which constitute or modify rights of usufruct or of use on a ship or which transfer such rights (article 2684 n. 2 of the civil code). -
1929 Warsaw Convention
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, SIGNED AT WARSAW ON 12 OCTOBER 1929 ( WARSAW CONVENTION) CHAPTER I SCOPE - DEFINITIONS Article 1 1. This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. 2. For the purposes of this Convention the expression "international carriage" means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. 3. A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party. -
Conditions of Carriage of Calmac Ferries Limited
CONDITIONS OF CARRIAGE OF CALMAC FERRIES LIMITED Preamble These Conditions of Carriage (the “Conditions”) of CalMac Ferries Limited (the “Company”) are incorporated within and form part of any and all contracts of carriage entered into by Passengers, Shippers and Users (as defi ned below) with the Company. The Conditions are set out in 5 sections as follows:- A. PRELIMINARY Definitions; Interpretation; Carriage undertaken; Principal forms of Contract of Carriage; Agency in respect of Passengers; Deemed ticketing or Deemed consignment. B. CONDITIONS IN RESPECT OF VESSELS/SERVICES Discretion as to Carriage; Variations with regard to sailing; Impediments to Loading, Carriage, etc; Compliance with C. LIABILITY, ETC Liability under the Athens Convention; Athens Convention explanatory note; Liability in other situations, Death/Personal injury; Livestock; Time Limit for Claims; Dogs and other Pet Animals; Defect/Failure of any Services; Additional loss or damage; Benefi t of all rights and exemptions; Company acting as agent; Medical attention; Refrigerated trailers; Lighterage expense/Livestock Consignment; No undertaking as to Notice of Arrival of Goods, etc; No undertaking as to safe custody of jewellery, etc; The Company’s right to hold Goods, etc; Damage caused by Passengers, Shippers and Users; Maximum protection allowed by Law/Time Limits; D. REGULATIONS IN RESPECT OF DANGEROUS GOODS AND SUBSTANCES Dangerous Goods and Substances; Shipment of Dangerous Goods and substances explanatory note; Regulations for the conveyance of petrol, fuel oil, and cylinders and cartridges of liquefi ed hydrocarbon gas in vehicles on board Vessels; Breach of Regulations; E. GENERAL MATTERS Luggage entitlement; Miscellaneous; Storekeepers/warehousemen; Instructions and searches; Ticketing Conditions, etc; Governing Law. -
KIELIUS Conditions of Carriage
Conditions of carriage Regulation of the general conditions of carriage for tram and bus transportation as well as reg- ular service by means of motor vehicle dated 27 February 1970, amended by the regulations dated 13 May 1981 and 30 June 1989, last amended by the Act dated 15 October 2002 (Federal Law Gazette I p. 4046). § 1 Scope The general conditions of carriage apply to carriage in regular service and special routes with motor vehicles. The responsible authorising body can accept applications for deviations from the provisions in this regulation, taking into account special conditions. These conditions of carriage apply to the Autokraft GmbH KIELIUS. § 2 Right to carriage A right to carriage exists if there is an obligation to carry according to the provisions of the German Passenger Transport Act and the legal provisions passed due to this law and if there are sufficient seats available and the safety of the individual guests and the company can be ensured accordingly. With „Rail & Fly“ and „Online tickets“, the right to carriage only exists if there are sufficient seats available. Property is only carried pursuant to §§ 11 and 12. § 3 Persons excluded from carriage (1) Persons who represent a danger to the safety and order of the company or the passengers are excluded from carriage. If these conditions apply, the following persons in particular are excluded 1. Persons under the influence of alcoholic beverages or other intoxicating substances 2. Persons with contagious diseases, 3. Persons with loaded firearms unless they are authorised to carry firearms. (2) Children who do not have to attend school and have not yet celebrated their 6th birthday may be excluded from carriage if they are not accompanied by persons who are at least 6 years old for the entire journey; the provisions in paragraph 1 remain unaffected. -
A Study of American Merchant Marine Legislation Clarence G
A STUDY OF AMERICAN MERCHANT MARINE LEGISLATION CLARENCE G. MORSE* The main body of our national merchant marine legislation is found in the Merchant Marine Act of 1936, as amended.' However, that Act was preceded by other acts, some of whose provisions are still in effect as important parts of our merchant marine policy. THE FIRST COMPREHENSIVE PROGRAI-TE SHIPPING AcT OF 1916, AS AM'[NDD The Shipping Act of 1916,2 was designed to secure an American merchant marine which would be adequate for the needs of our national defense and our commerce, and to regulate competitive practices in ocean shipping for the protection of shippers, importers, exporters, carriers, and the public. The United States Shipping Board set up by the Act was authorized, with the approval of the President,' to have constructed and equipped in American shipyards and navy yards or elsewhere, giving preference, other things being equal, to domestic yards, or to purchase, lease, or charter, vessels suitable, as far as the commercial requirements of the marine trade of the United States may permit, for use as naval auxiliaries or Army transports, or for other naval or military purposes, and to make necessary repairs on and alterations of such vessels. The Board was further authorized, if unable to charter, lease, or sell to American citi- zens these and other vessels acquired by it, to form a corporation "for the purchase, construction, equipment, lease, charter, maintenance, and operation of merchant ves- 4 sels in the commerce of the United States."1 Another important feature of the Shipping Act of 1916 is its regulatory pro- visions, 5 which are operative today and are exercised by the Federal Maritime Board. -
2019 Marshall Islands
Ship Finance 2019 Ship Finance Ship Finance 2019 Contributing editor Lawrence Rutkowski © Law Business Research 2019 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Ship Finance [email protected] Senior business development managers Adam Sargent 2019 [email protected] Dan White [email protected] Contributing editor Published by Law Business Research Ltd Lawrence Rutkowski 87 Lancaster Road Seward & Kissel LLP London, W11 1QQ, UK Tel: +44 20 3780 4147 Fax: +44 20 7229 6910 The information provided in this publication is general and may not apply in a specific Lexology Getting The Deal Through is delighted to publish the sixth edition of Ship Finance, which situation. Legal advice should always is available in print and online at www.lexology.com/gtdt. be sought before taking any legal action Lexology Getting The Deal Through provides international expert analysis in key areas of based on the information provided. This law, practice and regulation for corporate counsel, cross-border legal practitioners, and company information is not intended to create, nor directors and officers. does receipt of it constitute, a lawyer– Throughout this edition, and following the unique Lexology Getting The Deal Through format, client relationship. The publishers and the same key questions are answered by leading practitioners in each of the jurisdictions featured. authors accept no responsibility for any Our coverage this year includes a new chapter on Switzerland. acts or omissions contained herein. The information provided was verified between Lexology Getting The Deal Through titles are published annually in print. Please ensure you May and June 2019.