Signed I decree on the times of attended to the aims of the previewed cargo and drainage in transport contracts



Last night it is signed I decree managing on the times of attended to the aims of the previewed cargo and the drainage in transport contracts, that we publish below. Draft - it has emphasized the undersecretary to the Transports, Bartolomeo Giachino - of the "first step in order to second become the logistic system of our Country more efficient the indications of new the Slowly National one of the Logistics. It is - it has added - an participation attended from years that answer to principles of fairness for the carriers that they endure, many times, long and unpaid times of wait, but above all it is a norm that will push all the Italian logistic system to a fort competitiveness recovery".

Explaining that for the management of the provision in the single harbour truths the tables of the program agreements are opened - harbour authority for harbour authority - the Giachino undersecretary it has evidenced as I decree constitutes "the first action, to cost zero, of new the Slowly National one of the Logistics that enters from today in performance".

Ministry of Infrastructures and the Transports
DEPARTMENT FOR THE INFORMATIVE AND STATISTICAL TRANSPORTS, NAVIGATION AND SYSTEMS
Head office for the street transport and the intermodalità

THE GENERAL MANAGER

SEEN I decree legislative 21 November 2005, n, 286;

SEEN the article 6-second of I decree legislative 21 November 2005, n. 286, as modified from the article 1-second, codicil 2, of the bill 6 July 2010, n. 103, converted, with modifications, from the law 4 August 2010, n. 127;

SEEN the article 83-second of bill 25 june 2008, n. 112, converted, with modifications, from the law 6 August 2008, n. 133, and next modifications and integrations;

CONSIDERED that codicil 5 of the cited article 6-second of I decree legislative 21 November 2005, n. 286 preview that, with I decree managing of the Ministry of infrastructures and of the transports, the application modalities of the dispositions, inherent the discipline of the times of attended to the aims of the cargo and the drainage are established, dictated from the same article, with particular reference to the definition of the expiration of the times of exemption in relation to the various types of the places of cargo and drainage, let alone to the modalities of cadenzamento of the access of the vehicles to such places;

Considered that, according to the cited article 6-second the outsourcer must correspond to the carrier an indemnification, for every hour or fraction of hour of delay, if of overcoming of the period of exemption that cannot be advanced to the two hours is for the cargo that for the drainage in the operations;

Considered also that the outsourcer must supply to the carrier indications written about the place and the timetable in which the drainage or cargo operations are previewed, let alone the modalities of access of the vehicles to the drainage or cargo points:

SEEN the lines guide of performance of the National Plan of the Logistics approved of by general Consulta for the road haulage and the logistics on December 2, 2010:

CONSIDERED necessary to proceed to the definition of the application modalities being concerned the discipline of the times of attended to the aims of the cargo and drainage as above;

ACQUIRED, according to article 8, codicil 1, of I decree of President of the Republic 10 July 2009, n. 123, the opinion of the Observatory on the activities of road haulage instituted near general Consulta for the road haulage and the logistics;

FELT the associative organizations of the carriers and the outsourcers represented in general Consulta for the road haulage and the logistics;

IT DECREES

Article 1
(Field of application - Definitions)
Ministry of Infrastructures and the Transports

Head office for the street transport and the intermodalità


THE GENERAL MANAGER



SEEN I decree legislative 21 November 2005, n, 286;


SEEN the article 6-second of I decree legislative 21 November 2005, n. 286, as modified from the article 1-second, codicil 2, of the bill 6 July 2010, n. 103, converted, with modifications, from the law 4 August 2010, n. 127;


SEEN the article 83-second of bill 25 june 2008, n. 112, converted, with modifications, from the law 6 August 2008, n. 133, and next modifications and integrations;


CONSIDERED that codicil 5 of the cited article 6-second of I decree legislative 21 November 2005, n. 286 preview that, with I decree managing of the Ministry of infrastructures and of the transports, the application modalities of the dispositions, inherent the discipline of the times of attended to the aims of the cargo and the drainage are established, dictated from the same article, with particular reference to the definition of the expiration of the times of exemption in relation to the various types of the places of cargo and drainage, let alone to the modalities of cadenzamento of the access of the vehicles to such places;


Considered that, according to the cited article 6-second the outsourcer must correspond to the carrier an indemnification, for every hour or fraction of hour of delay, if of overcoming of the period of exemption that cannot be advanced to the two hours is for the cargo that for the drainage in the operations;


Considered also that the outsourcer must supply to the carrier indications written about the place and the timetable in which the drainage or cargo operations are previewed, let alone the modalities of access of the vehicles to the drainage or cargo points:


SEEN the lines guide of performance of the National Plan of the Logistics approved of by general Consulta for the road haulage and the logistics on December 2, 2010:


CONSIDERED necessary to proceed to the definition of the application modalities being concerned the discipline of the times of attended to the aims of the cargo and drainage as above;


ACQUIRED, according to article 8, codicil 1, of I decree of President of the Republic 10 July 2009, n. 123, the opinion of the Observatory on the activities of road haulage instituted near general Consulta for the road haulage and the logistics;


FELT the associative organizations of the carriers and the outsourcers represented in general Consulta for the road haulage and the logistics;

IT DECREES Article 1 (Field of application - Definitions)
IT DECREES


Article 1
(Field of application - Definitions)

The discipline of which to it anticipates I decree is applied to the times of attended to the aims of the previewed cargo and the drainage in contracts of transport, written form or oral form, the cases in which the operations of cargo or drainage they happen in the territory national.

¹ carrier, the which joined enterprise of white road haulage the national one of the legal natural people and who on behalf exercise the road haulage of things of third party, that is the enterprise established in Italy, qualified not to execute activity of international road haulage or in the territory Italian street cabotage that is part on the road of a contract of transport of goods;

outsourcer, the enterprise or the public legal person whom he stipulates or in the name of which the contract of transport with the carrier is stipulated;

loader, the enterprise or the public legal person who delivery the goods to the carrier, curing accommodation of the goods on the vehicle used after the execution of the transport;

owner of the goods, the enterprise or the public legal person that have the property of the things object of the activity of road haulage at the moment of the delivery to the carrier.

To the aims of it anticipates I decree agrees for:

a) place of cargo or drainage: the territorial, internal or external within to the system (industrial factory "center goods" structure of the great distribution, business activity, etc) near which the procedures dedicated to the documentary acceptance are carried out;

b) point of cargo or drainage: the emplacement inside of the system near which the drainage or cargo operations happen physically.

The place and the point of cargo or drainage can coincide.

For the carrier definitions, outsourcer, loader, owner of the goods send back themselves to the definitions of which to article 2 of I decree legislative 21 November 2005, n. 2861.


Article 2 (application modalities)
Article 2
(application modalities)

According to how much having from the article 6-second of I decree legislative 21 November 2005, n. 286, as introduced from the article 1-second, codicil 2, of the law 4 August 2010, n. 127, the period of exemption connected to the wait of the vehicles for being able to carry out the operations of cargo or drainage, cannot be altogether advanced to the two hours of attended for the cargo and to the two hours of attended for the drainage, Such period passes from the moment of arrival of the carrier to the place of cargo or drainage, that is to the point of cargo or drainage in case of coincidence between the place and the point of cargo or drainage, fact except previewed how much to codicil 2.

I compute of the times of wait has beginning from the timetable of arrival of the carrier to the place of cargo or drainage, that is from the timetable indicated in the written indications supplied from the outsourcer before the departure, according to codicil 1 of the recalled 21 article 6-second of I decree legislative November 2005, n. 286, in case of arrival in advance. To such fine, the carrier is held to produce to appropriate certification about the timetable of arrival to the place and/or the point of cargo or drainage and the timetable of beginning of the relative operations, released alternatively from the sender, the addressee, the loader, or they charged, that is, in lack, from other subject assigned to sovraintendere the operations of cargo or drainage, In case it is not possible to acquire aforesaid certification the carrier will be able to prove the timetables as above through the production of the recording of the cronotachigrafo and/or other fine suitable documentation to such.

The period of exemption does not comprise the necessary time to the material development of the operations of cargo or drainage, neither the times of attended during the periods of inactivity of the sender or the addressee, in case sayings periods of inactivity are marked in the written indications supplied to the carrier before the departure. The times of wait re-entering in the period of exemption must be calculate singularly for every operation of cargo or drainage.

The carrier cannot demand some indemnification when:

a) the overcoming of the period of exemption happens for imputable causes to he;

b) in case the vehicle for the operations of cargo or drainage has not put on;

c) when it does not observe the indications that, according to the cited article 6-second, codicil 1, according to period, of I decree legislative 21 November 2005, n. 286, the outsourcer is held to supply about the place and the timetable in which the operations of cargo or drainage are previewed;

d) when it does not observe the indications that the outsourcer has given on how and on the timetable of access of the vehicles to the points of cargo or drainage, in case these do not coincide with the places of cargo or drainage, in the hypothesis in which the access it must be marked the rhythm so as to take into consideration necessary the technical times to the completion of the operations and relative the procedural passages to the verifications and the identification to the income of the place of cargo or drainage.

Except various pattuizioni written between the parts, to the aim of the corresponsione of the indemnification the carrier must send to the outsourcer, within thirty days from the event, written communication regarding the overcoming of the terms of exemption, completes of the prescribed documentation.

The Director Generale
(Dr., Enrico Finocchi)