(Communicated to the C.293.M.156.1935.VIII. Council and the Members (C.C.T=/V.F./118(1).). of the League). Geneva, August 1st, 1935.

ADVISORY AND TECHNICAL COMMITTEE FOR

COMMUNICATIONS AND TRANSIT.

PERMANENT COMMITTEE FOR TRANSPORT BY RAIL. 1 - ,r-—r rr,m tr. . ’sr.." r - - v r ■ n ■■ — ■ „ v 1 a ss. REPORT OF THE COMMITTEE ON ITS EIGHTH SESSION.

held at Geneva from May 28th-31st, 1955.

The Permanent Committee for Transport by Rail is composed as follows:

M. R. HEROLD, District Director of the Swiss Federal Railways (Chairman).

M. M* CASTIAU, Secretary-General of the Belgian Ministry of Transport.

M. C.M. GRIMERET, Vice-President of the General Bridges and Highways Board and of the ) Bureau, Supreme Public Works Council of France,

M. G. SINIGALIA, formerly Chief Inspector and Administrative Adviser of the Railways of the Kingdom of Italy.

Sir Francis DENT, formerly Chairman of the Railways Committee of the Second General Conference on Communications and Transit, ex-Managing Director of the South Eastern and Chatham Railway,

Dr. H. GRÜNEBAUM, Ministerial Counsellor at the Austrian Federal Ministry of Commerce and Communications,

M. A. KRAHE, Bridges and Highways Engineer (Spain),

M. F» MOSKWA, Head of Division at the Polish Ministry of Communications.

M. E. SPELUZZI, Engineer (Argentine Republic),

Dr. CHING-CHUN WANG, M.A., Ph.D., LL,D,, representative of the Chinese Ministry of Railways and Director of the Government Purchases Board in London,

Colonel T.A. HIAM, former Assistant to the ) President of the Canadian National Railways, )Technical jAdvisers M. Albert REGNOUL, Honorary Assistant Director of jassist- the Paris-Lyons-Mediterranean Railway )ing the Company. )Chairman, ~ 2 -

All the members of the Committee were present, with the exception of Sir Francis DENT, Colonel HIAM, M, SPELUZZI and Dr, CHING-CHUN WANG, whose place was taken by M. N. L0U»

The following also took part in the Committeers pro­ ceedings :

M, J. DAVID, Section Counsellor at the Czechoslovak Ministry of Railways, present in an expert capacity;

M» E„ MELLINI, Chairman of the Special Committee for the study of Signals at Level Crossings, Chief Railways, Tramways and Motor Traffic Inspector of the Kingdom of Italy.

In addition, the following were present in an advisory capacity:

M, COLOMB, Assistant Director of the Central Inter­ national Railway Transport Office at Berne;

M. C0 PADER, Assistant Secretary-General of the International Railway Union, Paris,

Secretariat: M, J»Lo METTERNICH, Secretary of the Permanent Committee for Transport by Rail» * * *

lo TWELFTH SESSION OF THE INTERNATIONAL ASSOCIATION OF THE RAILWAY CONGRESS, HELD AT CAIRO IN »

A brief summary of the oral report made to the Permanent Committee, containing more particularly the text of certaiaa conclusions adopted by the Cairo Congress is appended (Annex 1).

As the result of this report, the Committee con­ sidered the question whether the Communications and Transit Organisation should not set on foot an enquiry regarding the problem of competition between transport by rail and motor transport» The Committee recognised that this question un­ doubtedly had an international aspect, that it was of the great est importance and of real urgency, not only from the point of view of the railways, but also of the whole structure of national organisation in transport matters» The Committee did not, however, overlook the fact that, for the time being at least, the solution of this problem was dependent upon factors of an eminently national character and that, at the present stage, when the terms of the question were still rapidly chang­ ing, it would be difficult, if not impossible to do anything more than adopt very general conclusions of no great practical importance,

After a discussion, the Committee adopted the follow­ ing resolution:

"The Committee,

’’Having heard its Secretary’s report on his mission in connection with the twelfth session of the International - 3 -

Association of the Railway Congress held at Cairo in January 1933;

"After an exchange of views with reference to the Secretary’s communications regarding the question of com­ petition between rail and road:

"Considers that this question, the terms of which are still rapidly changing and which, together with an international aspect, also has features of an eminently national character, has not yet reached the stage at which a thorough examination could be undertaken from the inter­ national point of view with reasonable prospects of success ; and

"Invites the Secretariat to follow closely the development of the problem and to bring the matter before the Committee as soon as it deems it desirable»"

2. SIGNALS AT LEVEL-CROSSINGS,

The Committee took cognisance of the explanations supplied by M„ Mellini, Chairman of the Special Committee for the Study of Signals at Level-crossings, who referred, amongst other things, to the fact that the Road Congress held at Munich in had taken note, unofficially, of the conclu­ sions adopted by the Special Committee under date of August 25th, 1934 (see document C.C.T./P.N./5 of May 15th, 1935, pp„ 5-9). As a result, the Congress completely modified its own. conclusions. The following recommendation which was adopt­ ed at Munich shows how far the railways and road users are in agreement on the subject:

"The execution of the resolution adopted by the Inter­ national Railway Congress held at Cairo in 1932 would mark an important advance, particularly if an international con­ vention could be concluded providing for uniform signals at unguarded level-crossings in all countries. The Congress expresses the hope that the resolution adopted on August 25th, 1934, by the Special Committee set up by the League of Nations to study this question should as soon as possible be submitted to an international conference."

The Permanent Committee, before going into the detail of the Special Committee’s report, examined the following questions :

(a) Should uniform rules be introduced as regards the problem of the distance at which railway lines should be visible to road users?

The Committee recognised that an international formula would be difficult to devise and that, furthermore, the Special Committee’s report was already sufficiently specific on this point for the Governments to know what they should do.

(b) Is it necessary that light signals in the various countries should be standard­ ised in the matter of the intensity of the light 9D(i the breadth of road surface illuminated? - 4 -

The Committee took the view that this question should in due course be taken into consideration by the compet­ ent bodies of the Transit Organisation, It is, moreover, to some extent related with the question of the visibility of re» flectors at night, which in its turn is largely determined by the strength of headlights and their height above the ground,

(cl In order to avoid confusion, should not a special advanced sign - consisting of a triangle bearing some device other than the locomotive or crossing gate - be used for level-crossings provided with automatic light signals?

The Committee took note of M» Mellini*s statement to the effect that the Special Committee had come to the con­ clusion that it would be preferable that road signals should not be too numerous, the locomotive device being a clear symbol signifying that the level=crossing was not closed by means of gates and being therefore sufficient to put road users on their guard. This statement was approved by the members of the Committee,

After careful examination of the details of the Special Committee*s report, the following resolution was adopt­ ed:

'•The Committee,

"Having taken cognisance of the report of the Special Committee for the Study of Signals at Level-crossings of May 14th, 1935:

"Thanks the Special Committee for its very full and careful report;

"Endorses the Committee‘s conclusions and recommenda­ tions subject to a few amendments in matters of detail reproduced hereafter; and

"Notes the urgency, in the interests of safety, of the introduction of standard rules in regard to the matter dealt with by the Committee and requests the Advisory and Technical Committee for Communications and Transit to take such steps as may be necessary to secure, in the near future, a practical solution of this problem on the widest possible international basis,

"Amendments to the Report of the Special Committee for the Study of Signals at Level- crossings, proposed by the Permanent Com­ mittee on Transport by Rail,

"Chapter I, A,l, paragraph £,

"The Permanent Committee, considering that, in the opinion of the Special Committee* the placing of reflectors along the rim of the triangle is only necessary when the road traffic in question continues during the night, suggests that this idea should be brought out in the text itself. The words "during the night" should therefore be - 5 -

inserted after the phrase ’On roads with heavy motor traffic *,

"B.5.

"For the same reasons, the words ’during the night’ should be inserted after ’On roads with heavy motor traffic'»

"B.5a.

"So as to avoid any possibility of misunderstanding as regards the meaning of the flashing lights in the event of the signals being out of order, the Committee suggests the addition of a footnote to the following effect:

*’Every precaution should be taken to avoid the possibility of confusion between the colours in the event of an accident to the signal.1

”Ca 2.

,rSo as not to oblige the authorities responsible for the erection of warning signals to incur expenditure on account of points at which the railway crosses paths or other thoroughfares on which there is no motor traffic whatsoever, the words ’if used by motor traffic’ should be inserted after ’Such level-crossings*»

"For the same reasons, it is suggested that the phrase rin respect of level-crossings used by motor traffic * should be inserted after the word ’Furthermore*.

"Chapter III, 1»

"The Permanent Committee considers that the present wording is somewhat too peremptory and should be amended to read as follows:

"♦The Governments should take all necessary steps to see that, wherever possible, the employee responsible for operating the gates is warned of the arrival of trains so as to ensure * * *

“Apart from these substantive amendments, the Perman­ ent Committee suggests the following amendments on points of drafting:

"Chapter I. A. 5»

" * Road users not yet on the level-crossing must stop before reaching it, Road traffic already on the level-crossing must clear it speedily; gates must be closed slowly enough to enable such traffic to clear the crossing»' - 6 -

“Apt?»

"This amendment does not affect the English text,

"Chapter II, paragraph 1»

""Substitute the words ’in individual cases * for the words 'in exceptional cases*» The third sentence would thus read as follows : 'As regards their use, however, certain simplifications might be allowed in individual cases by the Governments of the respective countries.'

"Chapter III. 3,

"The amendment to this passage does not affect the English text.”

3. FACILITIES TO 3E GRANTED FOR THE TRANSPORT OF CASES CON­ TAINING SAIvüPLES.

The Permanent Committee, to which had been submitted the results of the enquiry carried out by the International League of Associations of Commercial and Industrial Travellers and Representatives dated July 28th, 1934 (see document C.C,T./V,F»/112 of August 31st, 1934), was of opinion that this was a question, in the first place, for the various railway administrations and, in the second place, for the Internation­ al Railway Union, It was informed by the representative of the International Railway Union, to which the same request had been submitted, that the Union had placed the question on the agenda for the next session of its First Committee» A report had been drawn up by the Swiss Federal Railways, That report came to the conclusion that, in view of the great diversity of the reductions allowed by the various systems, there could be no question of their standardisation and also made the follow­ ing twofold recommendation which will be submitted for approval to the Managing Committee of the International Railway Union, at its session in November 1935:

When the railway administrations agree to introduce an international scale of charges they will embody therein the reductions which the various countries allow in respect of cases of samples ; furthermore, they will facilitate the app­ lication of the present reductions by taking as a basis the international identity card (in accordance with the model annexed to the Convention relating to Customs Formalities of November 1923), The enquiry carried out by the International League would thus be acted upon in the matter in which commercial travellers are most interestedo

While noting this communication by the representative of the International Railway Union, the Permanent Committee took the view that it was not qualified to take any further action in the matter. In this connection, it adopted the following resolution, which will be transmitted to the Economic Section by the Secretariat;

"The Committee,

"Having taken cognisance of the enquiry carried out by the International League of Associations of Commercial - 7 ™

and. Industrial Travellers and Representatives of July 28th, 1934, and

"Considering the matter calls for no action on its part:

"Decides to remove the question from its agenda."

4, DRAWING UP OF STANDARD CONVENTIONS ON FRONTIER TRAFFIC BY RAIL.

At its fifteenth session (?» the Advisory and Technical Committee adopted a resolution referring the question raised by M» Grvinebaum, at that time a member of the Committee, with regard to the framing of standard conven­ tions on frontier traffic by rail to the Permanent Committee for investigation.

The question having thus been placed upon the agenda of the present session of the Permanent Committee, M. Grune- baum drew up a memorandum (see document C,C*T./V.Fo/lll °f jane 2nd, 19 34) making a preliminary survey of the problem : while at the same time bringing out the difficulties standing in the way of international regulation of frontier railway crossings and connections0

On June 2nd, 1934» the Secretariat communicated this lemorandum to the members of the Permanent Committee, while at the same time requesting them to be good enough to transmit to it all relevant treaties* etc„ s concluded between States, together with any draft treaties, etc,, of the same kind, stat­ ing if possible the reasons for which they had not yet been put into force.

The Secretariat methodically classified the docu­ mentation thus collected and, in a study of the juridical and administrative systems in force on the frontier sections of rail­ way lines and at junction stations, endeavoured to enunciate the fundamental ideas and guiding principles thus brought to light,

This study was carried out under the direction of the Chairman of the Permanent Committee by a small committee consist­ ing of ;

M. R. HEROLD, Chairman, M» J, DAVID, M, Ho GRÜNEBAUM, M. A o REGNOUL, Mo Go SINIGALIAo

In thecourse of three meetings (December 18th - 20th, 1934, February 27th - March 5th, 1935, and May 27th, 1935), the above-mentioned committee thoroughly examined the problem in all its details and was thus able to form a very complete idea of the arrangements at present in force. The committee set out its findings and the considerations on which they were based in-a report to the Permanent Committee,, That report, together with the study to which it refers, are reproduced in document C. 144,M*75ol935.VIII of June 1st, 1935, - 8 -

The Permanent Committee approved both the study and the report, Like the small committee» it was of opinion that the framing of a standard convention was not at all to be recommended; at the same time, it considered it desirable that the small committee should be asked to draw up a general schema enumerating all the questions which must be taken into account when a convention was concluded»

Acting upon the instructions of the Permanent Committee, the small committee, assisted by M, Moskwa, attach­ ed to its main report a general schema to be taken as a basis for the framing of any future conventions.

The following is the resolution adopted by the Permanent Committeet

"The Committee,

••Having regard to the mandate conferred upon it by the Advisory and Technical Committee for Communications and Transit at its fifteenth session, the said mandate relating to the examination of the possibilities of drawing up standard conventions on frontier traffic by rail;

••Having regard to the study carried out by the Secretariat on the basis of documentation collected in a large number of countries concerning the juridical and administrative systems in force on frontier sections of railway lines and at junction stations;

••Having regard to the proceedings of a small committee in connection with the Secretariat’s aforesaid study, which proceedings resulted in the submission to the full Committee of a general report dated May £7th, 1935;

"Having regard to the conclusions of the said report to the effect that, in view of the diversity of the essential circumstances governing individual cases, the competent authorities should not recommend any standard convention whatsoever, but should confine them­ selves to putting forward a general schema which might be used as a basis for the framing of conventions and to stating the essentials of the question and the practical considerations by which it is governed;

"After discussion:

"Approves the above-mentioned study and report and endorses their conclusions;

"Transmits the said documents to the Advisory and Technical Committee; and

"Expresses the hope that they may as far as possible be used as a means of bringing about the agreements s till lacking and, in general, of facilitating the solutions most in keeping both with the common interest and the interests of the railway administrations," - 9 -

5. CONFERENCE FOR THE REVISION OF THE BERNE INTERNATIONAL

CONVENTIONS (C0I„M. and CoI„V,), OPENED AT ROME ON

OCTOBER 3rd, 1933.

A summary of the oral report made to the Permanent Committee by its Secretary with regard to the Revision Conference is appended (Annex 2),

The representative of the Central Office pointed out that Sweden had deposited instruments of ratification in respect of both Conventions, and that there was every reason to believe that the German and Italian Governments would do likewise in the near future. The Conventions had, moreover, already been approved by the French Chamber of Deputies. He added that the Convention concluded at Rome in 1933 with regard to the establishment of the international transport of goods consigned by rail with way-bills to order had been signed by eleven States and adhered to later by a twelfth.

After an exchange of views, the following resolu­ tion was adopted:

"The Committee,

"Having taken note of its Secretary^ communica­ tions regarding certain questions dealt with by the Conference for the Revision of the Berne Inter­ national Conventions (CJ.M. and C„I.V,} opened at Rome on October 3rd, 1933:

"Expresses the hope that these Conventions, which have hitherto only been ratified by a very small number of States, will also be ratified by the others as soon as possible, so as to enable the Governments concerned to come to an agreement regarding the date on which the new Conventions are to be brought into force ;

"Regards it as particularly desirable that the foregoing recommendation should be carried into effect, since the entry into force of the new Cd.M. will form the indispensable legal basis for transport with negotiable transport documents, a question to which the organs of the League of Nations have attached par­ ticular importance for some years past (see the resolu­ tion adopted by the Fourth General Conference on Communications and Transit of October 22nd, 1931, the resolution adopted by the Council of the League of Nations on January 25th, 1933, and the resolution adopted by the Advisory and Technical Committee for Communications and Transit at its seventeenth session in ).M - 10 »

6 . COMMUNICATIONS BY THE SECRETARIAT.

The Secretariat informed the Conmittee of the position with regard to ratifications of and accessions to the Convention and Statute on the International Régine of Railways, of the progress made in regard to the unifica­ tion of transport statistics, and of the settlement of certain disputes submitted to the League of Nations since the seventh session of the Permanent Committee under Articles 320 and 304 of the Treaty of Saint-Germain-en-Laye and the Treaty of Trianon respectively (see Annex 31.

The Conmittee adopted the following resolution:

"The Committee takes note of the Secretariat's communications with regard to:

,rThe position in respect of ratifications of and accessions to the Convention and Statute on the Inter­ national Régime of Railways ;

"The progress of the work in respect of the unifica­ tion of transport statistics;

"Certain disputes submitted to the competent bodies of the League of Nations under Article 320 of the Treaty of Saint-Germain-en-Laye and Article 304 of the Treaty of Trianon respectively." - i l » Annex 1.

REPORT ON THE TWELFTH SESSION OF THE INTERNATIONAL ASSOCIATION OF THE RAILWAY CONGRESS, HELD AT CAIRO IN JANUARY 1933, SUBMITTED TO THE PERMANENT COM­ MITTEE FOR TRANSPORT BY RAIL BY ITS SECRETARY.

The Advisory and Technical Committee for Communica­ tions and Transit adopted, at its seventeenth session in June 1932, a resolution under which it was decided that its Permanent Committee on Transport by Rail should be represented by the Secretary of that Committee at the twelfth session of the International Association of the Railway Congress, summoned to meet in January 1933 at Cairo.

In accordance with this resolution, the Secretary attended the Railway Congress, the inaugural meeting of which vias held on January 19th, 1933, in the presence of His Majesty King Fuad I.

The Governments of the following States sent dele­ gates to the Cairo Congress : Belgium, United Kingdom, Bulgaria, China, Czechoslovakia, Denmark, Finland, France, Germany, Greece, India, Italy, Japan, Netherlands, Norway, Poland, Portugal, Roumanie, Spain, Sweden, Switzerland.

The very numerous administrations taking part in the Congress included the most important of every continent, both as regards length of lines and the number of officials and em­ ployees. Among the organisations members of the Association represented at Cairo, it will be sufficient to mention, in ad­ dition to the Permanent Committee on Transport by Rail of the League of Nations, the International Railway Union, the American Railway Association, the International Sleeping-Car Company, the "Mitropa" and the Railway Clearing-house.

The Congress then divided into five sections, namely :

I - Track and works ; II - Traction and material ; III - Operation; IV - General; V - Economic and colonial railways, in order to examine the documentary material collected on the questions appearing on the Congress’s agenda.

Thanks to this very abundant documentary material, which was of considerable technical value, the discussions on the particular problems were much facilitated and many of the debates reached a high scientific level owing to the technical qualifications of the principal speakers,

Owing to the fact that two or three of the five sections always met simultaneously, the representative of the Permanent Committee was unable to attend all the discussions; but he endeavoured to be present at the meetings of the sections - IE - whose agenda seemed to him to be of the greatest interest and importance to the work of the Communications and Transit Organisation, Thus, he attended in particular the meetings of sections I = Track and works ; II - Traction and material* IV - General, so that he was able to follow closely the following questions :

(1) Protection of level-crossings, taking into account the modern development of road traffic ;

(2) Application of scientific management to the rail­ way services; share of staff in efficiency and profits ;

(3) Competition or combined transport by rail and air or by rail and road*

Protection of level-crossings.

The conclusions regarding this problem are repro­ duced as an annex to the report on the examination of the de­ sirability of additional signals for leve1-crossings, sub­ mitted to the Permanent Committee on Road Traffic (see document C .384, Mc192.1933.VIII, dated June 15th, 1933, pages 17 and following)»

It will be remembered that, as a consequence of this report and of a resolution adopted by this Committee in connection therewith, a Special Committee was set up for the study of the question. The report of this Special Committee is on the agenda of the present session of the Permanent Committee on Transport by Rail.

Application of Scientific Management to the Railway Services. Share of the Staff in Efficiency and Profits^

On the basis of the three detailed reports which were submitted to it, and after discussion of this extremely complex problem, the Congress adopted the following conclusions:

1. The organisation of transport by rail is based on the general organisation of all means of transport, but in order to enable each party to cope with the traffic falling to its share, it is essential to establish equality of legal and fiscal obligations for all transporting agents.

This condition having been fulfilled, the desired harmonious co-ordination should be sought externally by arranging all possible liaisons between railways and other transporting agents (motor vehicles, mechanised river trans­ port, aeroplanes), and should also be pursued internally in each service , system and group of systems in order to in­ crease efficiency. It should, however, be noted that, while co-ordination may in certain cases lead to centralisation, the latter, both from the point of view of management and execution, has limits which are marked by various possibilities and con­ tingencies,

2, The results to be expected from the efforts at or­ ganisation do not depend entirely on the railway systems them­ selves; to make these efforts really fruitful, it is necessary 13 »

that the administrative obligations to which these systems are subject and the regulations which govern them should be genuine­ ly adapted to present economic conditions and to the increased technical possibilities of new appliances,

3. The object of modern organisation, such as it may now be conceived, must as far as possible be to leave automatic pro­ cesses and effort to the machine, assigning, on the other hand, to human labour tasks involving some measure of initiative and judgment.

Such an organisation increases the personal safety of the staff either by the elimination of certain work involving particular risk or by the introduction of appliances protecting the workers from the consequences of human error.

Lastly, the organisation of labour, supplemented by the granting of bonuses on output or a share in the general profits of the undertaking, makes it possible to increase the remuneration of the staff.

4. The organs of command should have clearly defined powers as much simplified as possible. It will be necessary to reduce to a minimum the intermediaries separating them from onq another or from the executive agents, so as to expedite thé despatch of business by frequent and unhindered personal contacts.

In this connection, it is recommended as a means of ensuring good inter-service liaison that periodical meetings should be held between the officials responsible for the exe­ cution of different parts of the same task,

5. The executive organs should be given an opportunity of co-operating in the search for methods leading to greater economy and security. It is desirable, in view of the good results already achieved in this connection, to extend as far as possible the normalisation of material by reducing the number of types and by their standardisation, as well as by standardising parts and unifying the allowances made for parts in use.

The organisation of the different establishments and workshops should be conducted on the same lines by adapting the principles of expert labour = i,e., by developing the specialisation of staff, while at the same time leaving scope for initiative; indeed, the organisation of labour assumes a very similar aspect for all railway systems, and it might be useful for the latter to follow the work of national and inter­ national scientific management organisations.

In this connection, the improvements to be introduced in the working system would seem to consist on the one hand in the simplification of the executive operations themselves and on the other hand in the improvement of material. Lastly, a very important factor to be borne in mind as regards the effi­ cient organisation of labour consists in the utilisation of personnel physically fit for the task entrusted to it; for this reason the extension of the psycho-technical examination already employed by a certain number of administrations should be recommended. - 14 -

6 . The foregoing measures with regard to the material conditions of organisation and preparation of labour appear to need supplementing in the moral sphere by seeking the con­ fidence and co-operation of the staff, involving a spontaneous effort of collective good-will based on mutual esteem and the granting of equitable remuneration, taking due account of the work done and of the results achieved.

As regards the fixing of this remuneration, the system of bonuses which is already in use should be extended.

The ideal remuneration should consist of two elements: a fixed part and bonuses varying with the quality and quantity of the work done, the fixed part thus being supplemented in proportion to the efficiency of the individual.

These bonuses should first of all be introduced at the basis of the undertaking - i.e., for elementary operations and in such a way as to remunerate rapidly the effort of each individual, and particularly economies in time, execution and materials consumed, and the collective efficiency of each workshop.

7. The enquiry made shows that no administration really gives its staff a share in the profits of the undertaking.

Certain systems distribute among their officials sums calculated on the basis of the general results of opera­ tion or of the economies achieved, and some of them consider that favourable consequences appear likely to accrue. Nevertheless, this experiment being recent and being confined to a limited number of administrations, it is not yet possible to reach any conclusions on the subject,,

8 = As shown by the conclusions adopted by our Congress in 1930,after the examination of question 16 on its agenda, it is necessary for railway systems to have officials trained from the special and professional points of view and also from the general point of view.

The professional schools and the organisations of all kinds established by the railway systems to develop the in­ struction of their officials are therefore of great value to the efficiency of these systems, and their importance should not be under-estimated.

9= In order to promote feelings of confidence and se­ curity in the staff, the extension of social institutions is particularly desirable.

These measures, which go outside the scope of actual work, aim at maintaining the health of the official and his family and at assisting them even in the material details of their daily life. Their consequence is to produce employees more devoted to their tasks and more free from daily anxieties and are thus of the very first importance to the efficiency of the railway systems» - 15 -

finmpetition or Combined Transport by Rail and Air or by — ÏÏflil and Road.

The following conclusions, which reflect what was said in the reports ana discussions, were adopted unanimously :

I, Rail and road.

1 . The question of motor competition, which was very carefully examined at the Madrid Congress, is far from having yet been settled on the lines recommended in the Conclusions of 1930• These must therefore be maintained in their entirety, particularly as, according to the reports produced at the pre­ sent session, the development of goods transport by road has been greatly increased by the improvement and extended use of motor-lorries, The consequences are as harmful to the big systems as to those of merely local importance„

2. In every country, the railways have been greatly handicapped in the efforts made to retain and increase their traffic by the inequality of conditions governing transport by road and rail. Since the earliest days of their existence, the railways have been subject to numerous legislative pro­ visions concerning the precautions to be taken in the interests of safety, the conditions of transport, the power to impose charges and the publication of tariffs. This legislation was justified at the outset by the view that the railways enjoyed a virtual monopoly and that the public should be protected in different ways, and continues to be justified by the considera­ tion that railways should serve the general interest.

3. The result is that the railway, which has heavy burdens, particularly in connection with the upkeep and improvement of its track, also has to bear taxes which are particularly heavy in cer­ tain countries and heavy obligations as regards transport and se­ curity, whereas motor undertakings are entirely free as regards the fixing of their time-tables and prices and the choice of traffic. They use this freedom by taking the cream of the most remunerative traffic of the railways, which will have the unavoidable conse­ quence of obliging the latter, if they are to avoid ruin, to raise the rates at present applied to heavy goods or those of prime necessity, and this cannot fail to do great injury to the general economic system»

Public road transport undertakings also escape to a large extent the burdens and obligations of the railway systems and, in many cases, even those relating to the remuneration and labour of their staff. In some countries, they even enjoy great advantages as regards the application of the road police regula­ tions and facilities for passing the Customs at the frontiers.

Nevertheless, the railways, like any other undertaking, are entitled to a fair distribution of obligations and burdens. While this idea of fairness cannot always be applied in the same manner, a tendency in this direction should at any rate be mani­ fested in every country according to its special circumstances.

4. The statements submitted to the Congress indicate a certain number of legislative measures adopted in different countries with a view to establishing some degree of equality between the two means of transport. - 16 -

Since then, steps of the same nature have been taken in certain countries or are on the point of being introduced in others.

It is clear that unregulated competition between land transport undertakings is extremely harmful and occasions economic losses and, further, that the low cost of certain methods of transport by road is more apparent than real, since the high cost of the roads is not borne equitably by road users, but falls on the community. In other words, the road transport industry is in this way subsidised by the taxpayer.

5,- In the first place, the State must make the regula­ tions imposed on the railway systems more elastic so as to en­ able them to modernise their methods in order to give the pub­ lic the same advantages as motor traffic without their being obliged to resort to a rate war which would be disastrous to the general economy,

6 , The condemnation of such a rate policy logically on- J tails measures relating to public motor transport. The pre- I vention of competition injurious to the general economic syste:! of the nation, the maintenance of motor transport within the bounds of a normal use of the road, and the regulation of its organisation and circulation in accordance with the require­ ments of a public service, are measures which are not contrary to progress and which could be reconciled with the interests involved if direct agreements could be concluded between the railway systems and the public road transport undertakings.

Co-ordination would enable each mode of transport to fulfil its proper part fbr the good of the community, and the role of regulation would be a purely police one. But such agreements are generally rendered difficult by the scattered character of road transport undertakings and their independence,

The railway systems have nevertheless endeavoured I everywhere to co-ordinate the two modes of transport. In countries like the United Kingdom, where the railway companies possessed no general powers to operate road services, these powers have now been obtained.

Generally speaking, it may be said that, either by means of road transport services operated by the railways direct or by agreements with the companies operating motor lines, the railway systems have endeavoured to co-ordinate the two services in such a way that :

(a) The one should become a tributary of the other, particularly in the case of passenger transport ;

(b) That the transport of goods from door to door should be effected by the creation of well-organised services for collection and delivery at homee

7* The railway systems have continually taken steps to improve their organisation.

They have speeded up their passenger services. They have often utilised motor transport themselves. They - show a tendency to generalise the use of rail-cars, const!tut- I ing, in certain cases, an economic, speedy and confortable means of transport, I - 17 »

Certain railway systems have not shrunk from large expenditure on electrifying lines with a heavy traffic and supplying them with an up-to-date signals system.

As regards the goods service, the railways have also speeded up transport a great deal and reduced the time taken for delivery. They have created door-to-door services.

They have taken up the use of containers.

They have given customers facilities for storage at goods stations.

8 . In short, the railway companies must pursue the efforts they have been making to improve their methods of operation still further, but at the same time they must obtain from their Governments the support and guarantees which are necessary in consideration of the general interest.

The Congress accordingly adopts the following re­ commendation :

"Public rail services, constituting an instrument of national equipment which has retained its full value and performing an economic and social function the advantages of which extend to the whole community, have the right to secure from their Governments equality in regard to the legal and administrative treatment of all means of trans­ port and the fiscal and other burdens imposed on them.

"Governments should also see that the means of trans­ port should be co-ordinated and should do all in their power to bring about such co-ordination without further delay, with a view to the progress of the country as a whole."

11= Railways and Air Lines.

Air transport at the present stage does not assume the same competitive aspect.

Very broadly speaking, the aeroplane constitutes, such an improvement for very long distances, that the railway systems must continue to do their best to ensure liaison with the air services.

There are, however, certain cases in which the State, owing to the subsidies which it grants to air services, should intervene in the fixing of transport prices in order to avoid competition with the railways.

In view of the great importance of the problem, the Congress has decided that annual reports should be submitted to the Permanent Commission in order to keep the members of the Association informed of any new developments through the Bulletin. The Permanent Commission will draw up a programme of the questions on which annual reports are required. 18 -

General questions and questions of Procedure.

With regard to these questions, it should be noted that the Congress has accepted the French Government's invita­ tion to select Paris as the place of the next Congress. The period between sessions having been increased from three to four years by the Cairo Congress, the latter accordingly decided that the next Congress (thirteenth session of the Association) should be held at Paris in 1938. « 19 -

Annex 2 .

REPORT ON THE CONFERENCE FOR THE REVISION OF THE BERNE INTERNATIONAL CONVENTIONS (C.I.M. and C.I.V.) HELD AT ROME IN OCTOBER - , PRESENTED TO THE PERMANENT COMMITTEE FOR TRANSPORT BY RAIL BY ITS SECRETARY.

On the proposal of the Swiss Federal Government, the Communications and Transit Organisation was invited by the Conference for the Revision of the Berne International Conventions (C.I.M. and C.I.V. ) to be represented ad audiendum at the said Conference. The Chairman of the Advisory and Technical Commission appointed for this purpose the Secretary- General of the Transit Organisation, assisted by the Secretary of the Permanent Committee on Transport by Rail, who was to act as his substitute in case of need.

The Conference met at Rome from October 3rd to November 23rd, 1933. Twenty-six European States (namely, all the signatories of the C aI.M. and C.I.V., except Portugal) were represented : viz., Austria, Belgium, Bulgaria, Czecho­ slovakia, Denmark, the Free City of Danzig, Estonia, Finland, France, Germany, Greece, Hungary, Italy, , Liechtenstein, Luxemburg, Netherlands, Norway, Poland, Roumanie, Saar Terri­ tory, Spain, Sweden, Switzerland, Turkey and . In addition, the United Kingdom attended the Conference as an observer. Finally, the Central Office for International Railway Transport at Berne also took part in the Conference in an advisory capacity, and carried out the secretarial work.

The Conference appointed four Committees:

The First Committee was instructed to study the general questions, as well as final questions and the draft­ ing of the Conventions. This Committee set up three sub­ committees ~ First Sub-Committee : Combined Transport; Second Sub-Committee : Liability and Part III.; Third Sub-Committee : Miscellaneous and Part IV; as well as a Drafting Committee„

The Second Committee examined Articles 3 to 26 of the C.I.M.

The Third Committee examined Articles 3 to 26 of the C.I.V.

The Fourth Committee considered the following questions: waybills to order; privately owned wagons and express parcels. These questions, which were partly dis­ cussed in sub-committee, gave rise to considerable difficulty, since they have, so far, not been dealt with at all in the C.I.M, or the C.I0V.

The Conference had before it no fewer than 459 draft amendmsits to the C»I.M, and 137 draft amendments to the C.I.V. Owing to the length of the proceedings, the repre­ sentatives of the Transit Organisation were unable to attend the whole Conference ; they were obliged to limit their - 20 - attendance to the period during which questions of special interest to the Transit Organisation were under discussion.

Without any attempt to explain in detail the modifi. cations to the Conventions which were accepted by the Con­ ference , reference should be made, in connection with the C.I.M., to the changes effected in Article 6 , §6 (e) as re­ gards designation of goods. In future, it will suffice, in order to describe the goods, to use the denomination descrip­ tive of their nature which is current in trade. Hencefor­ ward , it will no longer be made a requirement for the appli­ cation of a particular tariff that the description of the goods despatched should be in strict conformity with the de­ nomination of the goods as it appears in the said tariff or tariff category. Goods must be charged for according to this tariff provided the description used by the consignor affords sufficient evidence, in current trade language, that the merchandise handed in for despatch is unquestionably that or alternatively one of those , contemplated in the tariff whose application is requested.

Another really important modification was made in Article 12, §4, deleting the provision, which had so far been in force, that the consignor is responsible for any apparent defects of packing not noted on the waybill, in so far as evidence of such defects can be adduced by the railway. Similarly, the criterion of outward appearance as referred to in paragraph 1 of the same Section has been dropped. As in the past, the consignor thus remains responsible for the con­ sequences ensuing from the absence of any packing or from its defects, but the onus of proof rests with the railway.

The right to modify the transport contract after despatch has been considerably extended.

As regards the question of liability for damage, certain new provisions have been adopted which operate in favour of the consignor. This applies, for instance, to consignments carried in open wagons, curtailment of time limit allowed, etc.

The point, however, which deserves special atten­ tion is Article 61 of the C.I.M., which contains special pro­ visions for certain categories of transport. First among these is the question of the international running of private­ ly owned wagons as settled in an annex to the Convention. Further, the conveyance of express parcels may be governed by appropriate tariffs whose special provisions must conform to an annex of the Convention. Finally, there is the question of consignments with negotiable transport documents, consignments to be delivered only against presentation of the duplicate waybill, the carriage of newspapers, the carrying of goods intended for fairs and exhibitions, the carriage of empty or full crates and the carrying of loading tackle, and of means of protection against heat and cold in the case of goods conveyed by rail, which may form the subject of special agreements between two or more States or be dealt with in appropriate clauses embodied in railway tariffs. Such agreements and tariffs may provide for certain conditions suitable for such transport and allow exceptions to the C.I.M. , more especially in regard to the use of a transport document which may differ from the form laid down in the Convention. - a i -

Two questions deserve to be mentioned in the present report: namely, that of combined transport, in particular air- rail transport, and that of negotiable waybills =

lo The question of combined transport formed the subject of study by a special Committee appointed by the Committee for Communications and Transit, which examined the entire problem from 1926 to 1928= As regards combined transport between railways and aerial navigation, a report was adopted by the Committee and sent to the Governments in 1928 by circular letter, in order that the latter, when establishing combined tran sp o rts, might comply as far as possible with the principles laid down by the League of Nations.

The second International Conference on Private Aerial Law, held in October 1929 at Warsaw, dealt with the problem and adopted the following provisions in Article 31 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air :

"(1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

” ( 2 ) Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air,"

The Revision Conference at Rome was obliged to re­ spect these provisions, since the Warsaw Convention had come into force on February 13th, 1933= It therefore inserted in Article 2 of the provisions relating to combined transport a new paragraph (4), worded as follows :

"As regards international transport using both railways and transport services other than those defined in paragraph (1 ) above, (namely, regular automobile or navigation services ), the railways may draw up, in con­ junction with the transport undertakings concerned, tariff provisions applying a legal regime different from that of the present Convention, in order to take account of the pecualiarities of each mode of transport. In this case, they may provide for the use of a transport document other than that provided for in the present Convention"»

It is to be hoped that, in virtue of the provisions of the Warsaw and Rome Conventions, combined air-rail transport may develop very freely. The danger which might arise from the fact that railways, in conjunction with air carriage under­ takings , may establish very varied provisions and that conse­ quently an undesirable multiplicity of systems might result, does not appear to exist in fact, since the competent organs - namely, the International Railway Union and the International Air Traffic Association - have already made remarkable progress in the uniform regulation of the question. - 22 -

It should, however, be pointed out that, as a result of the new provision of the C.I.M., not only may the air­ transport undertakings obtain very great facilities in respect of the regulation of the question of responsibility, for which there might be some justification in view of the nature of this mode of carriage, but the rules regarding responsibility may also be changed in respect of carriage by rail. The question arises whether this exemption in favour of the rail­ ways is justified.

2. As regards negotiable documents, the special Committee of Enquiry into this question, the constitution of which was recommended by the Permanent Committee on Transport by Rail at its last session, was of opinion that the creation of such documents would be of great value for industry and trade for the following reasons :

(a) They would give the vendor all guarantees for the payment of the cost of the goods, since the purchaser could not claim the goods from the transport undertaking unless he held the negotiable document, which would only be handed over against payment of the cost;

(b) They would enable goods to be sold during trans­ port, delivery being constituted by the transmission of the document to the purchaser;

(c) They would enable the holder of the negotiable document to obtain credit on the goods transported, and, in particular, to give this document as a guarantee for the bills which he issued.

The special Committee, at its meeting in November 1933, examined the proposals made to it by the International Chamber of Commerce and by the International Railway Union and reached definite conclusions.

In accordance with a resolution adopted by the fourth General Conference on Communications and Transit, held in , the CommitteeTs report was sent to the Governments and to the Central Office for International Rail­ way Transport at Berne= The fourth General Conference had, moreover, recognised the utility from the economic and com­ mercial point of view of the creation of such a negotiable transport document for the international transport of certain goods by rail over certain routes.

The Council, at its session in , drew the attention of Governments to the importance of this problem, particularly for classes of transport subject to the provisions of the C.I.M., requesting them to examine it in the most favour­ able spirit and to take the necessary steps to enable the Conference for the Revision of the Berne Conventions to deal with this problem and to find an adequate solution.

The Governments of Italy, Austria, Hungary, Yugo­ slavia and Poland submitted identical proposals to the Rome Conference, aiming at the introduction into the Col,M„ of pro­ visions relating to waybills to order. Other States proposed the creation of a negotiable transport document. The Con­ ference , after long discussions, thought that the moment was - 23

not favourable for drawing up fixed rules, but, under the new A rticle 61 of the C.I,M0 mentioned above, it allowed the rail­ ways to introduce such a document into their reciprocal re­ lations .

On the basis of this discretionary article, a special Conference was formed in addition to the Revision Conference. This Conference was attended by representatives of the following States: Italy (President), Austria, Hungary, Poland, Yugoslavia. The representatives of the Governments of Germany, Belgium and France were invited to attend ad_ audlendunu The Conference also invited representa­ tives of the League of Nations, so that the special Conference might thereby benefit from the experience gained in this sphere in the League of Nations,

The special Conference drew up an agreement concern­ ing the adoption of special provisions for the transport of goods despatched by rail with a waybill to order. This agree­ ment remained open for the signature of any State until March 31st, 1934. As from August 1st, 1934, any State can accede to this Agreement. It will only come into force after being ratified by at least three States. Nevertheless, it can only come into force after the new C.I.M, of Rome has been put in­ to operation. It will be registered with the League of Nations.

Lastly, the Rome Conference dealt with the question as to how it could accelerate the coming into force of the new Conventions. It recognised that the procedure hitherto followed for signature and ratification involves too much time, and in this connection it made the following re­ commendation:

"(a) That the States represented at the Conference, together with Portugal, take the necessary steps so that the Conventions adopted by the Conference may be signed in Rome before April 1st, 1934;

"(b) That the States signatories of the Conventions adopted by the Rome Conference proceed to ratification as early as possible, so that the Conventions may come into force not later than January 1st, 1935,”

The first of these recommendations was realised, in the sense that the Conventions were signed within the prescribed period, by all the Governments of the States taking part in the Conference,

On the other hand, the second recommendation is far from having been realised. Indeed, only Austria and the Governing Commission of the Saar Territory had ratified the Conventions before December 31st, 1934. Consequently, the date of the coming into force of the Rome Conventions remains undetermined. « 24 -

Annex ,v

SUMMARY OF DISPUTES REFERRED BY THE COUNCIL TO THE ADVISORY AND TECHNICAL COMMITTEE FOR COMMUNICATIONS AND TRANSIT SINCE THE SEVENTH SESSION OF THE PERMANENT COMMITTEE FOR TRANSPORT BY RAIL.

Na&yklkinda°Aradl-HelylerdekU Local Railway Company»

Petition of April 1929 submitted under Article 304 of the Treaty of Trianon.

States with territorial interests : Roumanie - Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of August 30th, 1929 (fifty-sixth session).

Appointment of arbitrators by resolution of the Council of January 22nd, 1931 (sixty-second session).

Friendly agreement signed on February 28th, 1931.

* * *

South-east Hungary Local Railway Company (Delkeleti)^

Petition of April 1929 submitted under Article 304 of the Treaty of Trianon»

States with territorial interests : Roumanie - Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of August 30th, 1929 (fifty-sixth session).

Friendly agreement concluded in »

* * *

Halas-Bacsalmas-Rygyicza Local Railway Company.

Petition of July 1929 submitted under Article 304 of the Treaty of Trianon»

States with territorial interests : Roumania - Yugoslavia,

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council, of January 13th, 1930 (fifty-eighth session).

Friendly agreement concluded in April 1931.

*

* * - 25 -

7,fifibely-Czakovar-B'6ka Local Railway Company„

Petition of July 1929 submitted under Article 304 of the Treaty of Trianon,

States with territorial interests ; Roumania - Yugoslavia,

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of January 13th, 1930 (fifty-eighth session).

Friendly agreement concluded in April 1931.

*

*■ *

Dravavolgy (KlskiSszeg-Siklos-Barcs ) Local Railway Company.

Petition of August 1929 submitted under Article 304 of the Treaty of Trianon.

States with territorial interests : Hungary - Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of January 13th, 1930 (fifty-eighth session)»

Friendly agreement concluded in April 1931=

*

* *

Local Railway Companies of the District of Gyula (Gyulavideki-Helyi-ISrdeku Vasut).

Petition of December 1929 submitted under Article 304 of the Treaty of Trianon,

States with territorial interests : Hungary - Roumania.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of May 12th, 1930 (fifty-ninth session).

Appointment of arbitrators on January 22nd,1931 (sixty-second session of the Council).

Friendly agreement signed on February 28th, 1931,

*

* * - 26 -

Zeltweg-Wolfsberg and Unterdrauburg-ïïoellan Railway Company.

Petition of July 15th, 1931, submitted under Article 320 of the Treaty of Saint-Germain-en-Laye.

States with territorial interests: Austria = Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of January 25th, 1932 (sixty-sixth session).

Appointment of arbitrators by resolutions of the Council of May 26th and 30th, 1933 (seventy-third session).

Arbitral award given on May 12th, 1934.

*

* *

Barcs-Pakrac Railway Company.

Petition of November 11th, 1932, submitted under Article 304 of the Treaty of Trianon.

States with territorial interests : Hungary - Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of January 24th, 1933 (seventieth session).

Appointment of arbitrators by resolution of the Council of January 17th, 1934 (seventy-eighth session).

Arbitral award given on October 5th, 1934. *

* *

Radkersburg-Luttenberg Railway Company.

Petition of December 31st, 1932, submitted under Article 320 of the Treaty of Saint-Germain-en-Laye.

States with territorial interests : Austria - Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of January 24th, 1933 (seventieth session).

Referred to the Permanent Legal Committee of the Communi­ cations and Transit Organisation by resolution of the Council of January 17th, 1934 (seventy-eighth session)=

Report by the Legal Committee submitted to the Council on May 14th, 1934 (seventy-ninth session). - 27 -

At the request of the petitioning Company, the Council has on several occasions adjourned the consideration of the question, since conversations with a view to the con­ clusion of a friendly agreement were taking place »

♦

♦ *

Tnrontal Local Railway Company,

Petition of March 24th, 1933, submitted under Article 304 of the Treaty of Trianon,

States with territorial interests : Roumania - Yugoslavia,

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of May 22nd, 1933 (seventy-third session).

The petitioning Company, on November 12th, 1933, requested that the procedure should be suspended for the time being, since friendly negotiations were taking place.

*

* *

Jfoskovcl-Slatina-Nasice Local Railway Company,

Petition of August 11th, 1933, submitted under Article 304 of the Treaty of Trianon.

States with territorial interests : Hungary - Yugoslavia.

Referred to the Advisory and Technical Committee for Communications and Transit by resolution of the Council of September 22nd, 1933 (seventy-sixth session).

The examination by the Committee of Experts appointed by the Chairman of the Advisory and Technical Committee is taking place.