Chapter I General
Article 1 In order to strengthen the management of air cargo transportation and maintain normal air transportation order, these rules are formulated in accordance with the provisions of the Civil Aviation Law of the People's Republic of China.
These rules apply to the carriage of civil air cargo within the territory of the People's Republic of China at the place of departure, the agreed stopover and the destination.
Article 2 The carrier shall organize the transportation of goods safely, promptly, accurately and economically in accordance with the principle of guaranteeing the focus, taking care of the general and reasonable transportation, and embodying the purpose of the people's aviation for the people.
Article 3 The following terms in these rules, unless otherwise specified in the specific provisions, have the following meanings:
(a) "Carrier" means an air carrier that includes an air waybill that is filled by the shipper or that maintains a record of the goods and all air carriers that carry or engage in the carriage of goods or any other service that provides the goods.
(2) "Agent" means any person authorized to represent the carrier in the carriage of air cargo.
(3) "Shipper" means a person who enters into a contract for the carriage of goods with the carrier and is signed on the air waybill or the record of the goods.
(4) "Consignee" means a person who delivers the goods in accordance with the name listed on the air waybill or the cargo transport record.
(5) "Consignment Book" means the written document that the shipper fills in when handling the consignment of the goods, and is the evidence on which the air waybill is filled.
(6) "Air waybill" means the shipper or the shipper entrusting the carrier to fill in the evidence, which is the contract between the shipper and the carrier for the carriage of the goods on the carrier's route.
Chapter II Cargo Checking
Article 4 The consignment shall be completed by the carrier or its agent by filling in the consignment note with the identity card of the resident or other valid identity documents. If the carrier or its agent requests the issuance of a unit letter or other valid certificate, the shipper shall also provide it. The consignment government shall restrict the transportation of goods and the goods that need to go through the formalities with the relevant government departments such as public security and quarantine, and shall be accompanied by a valid certificate.
The filling and basic contents of the consignment book:
(1) The shipper shall fill in carefully, be responsible for the authenticity and accuracy of the contents of the consignment, and sign or seal the consignment.
(2) The basic contents of the consignment book:
1. The full name and detailed address, telephone number and zip code of the specific unit or individual of the consignor and consignee;
2. The name of the goods;
3. The number of goods, packaging methods and signs;
4. The actual value of the goods;
5. The declared value of the goods;
6. General cargo transportation or urgent transportation;
7. Characteristics of the goods, storage and transportation, and other instructions.
(3) For consignments that have different transportation conditions or cannot be transported together due to the nature of the goods, the consignment notes shall be filled out separately.
Article 5 The packaging of goods shall ensure that the goods will not be damaged, lost or leaked during transportation, and will not damage or contaminate aircraft equipment or other articles.
The shipper shall properly package according to the nature and weight of the goods, the conditions of the transport environment and the requirements of the carrier, using appropriate internal and external packaging materials and packaging forms. Precise, fragile, shock-proof, pressure-sensitive, non-invertible goods must have appropriate packaging measures to prevent damage to the goods. It is strictly forbidden to use straw bags or straw straps.
Items prohibited from transporting or restricting transportation, dangerous goods, valuables, confidential documents and materials are not allowed in the package of goods.
Article 6 The shipper shall indicate the departure station, the arrival station and the shipper, the consignee's unit, name and detailed address on the outer packaging of each cargo.
The shipper shall post the air transport indicator label on the outer packaging of the goods according to the nature of the goods and in accordance with the specifications stipulated by the national standards.
When the shipper uses the old packaging, the old signs and labels on the original packaging must be removed.
When the shipper consigns each item, it shall affix or hang the carrier's cargo transport label as required.
Article 7 The weight of the goods shall be calculated by gross weight and the unit of measurement shall be kilograms. The mantissa weighing less than 1 kg is rounded off. When the weight of each air waybill is less than 1 kg, it is calculated as 1 kg. Valuables are calculated based on actual gross weight and are calculated in units of 0.1 kg.
For goods carried by non-wide-body aircraft, the weight of each cargo is generally not more than 80 kg, and the volume is generally not more than 40 × 60 × 100 cm. For goods carried by wide-body aircraft, the weight of each cargo is generally not more than 250 kg, and the volume is generally not more than 100 × 100 × 140 cm. For goods exceeding the above weight and volume, the carrier may determine the maximum weight and volume of the consignable goods based on the model and the loading and unloading equipment conditions of the departure and destination airports.
The sum of the length, width and height of each cargo shall not be less than 40 cm.
The volume of goods per kilogram exceeds 6000 cubic centimeters, which is light foam cargo. Light foam cargo is weighed at 1 kilogram per 6000 cubic centimeters.
Article 8 For goods consigned by the shipper, if the gross weight per kilogram is more than RMB 20, the declared value of the goods may be handled, and the declared value surcharge shall be paid as required.
The declared value of each shipper is generally not more than RMB 500,000.
When the requirements for goods that have been checked in are changed, the declared value surcharge is not refundable.
Chapter III Cargo Shipping
Section 1 Cargo Receipt
Article 9 The carrier shall, in accordance with the transport capacity, arrange for the carriage of the goods in a planned manner according to the nature and urgency of the goods.
In the case of bulk cargoes with combined conditions and time requirements, the carrier must arrange for the transfer of the transit space beforehand.
In the case of special circumstances, such as government decrees, natural disasters, suspension of operations or a serious backlog of goods, the carrier may suspend the shipment.
All items prohibited by national laws, regulations and relevant regulations are strictly prohibited from being transported. Any item that restricts transportation should meet the prescribed procedures and conditions before it can be accepted for transportation.
Goods subject to inspection, quarantine and handling by the competent authority shall not be accepted for shipment until the formalities have been completed.
Article 10 When the carrier accepts the goods, the shipper's valid identity documents shall be checked. For articles that are restricted by the state, it is necessary to check the valid documents issued by the relevant state departments for permitting transportation.
The carrier shall check the packaging of the consignee's consignment, and the packaging of the goods that do not meet the requirements for air transportation shall be processed and accepted by the shipper after improvement of the packaging. The carrier shall not be responsible for the inspection of the inner packaging of the consignee's consignment.
The carrier shall conduct a safety inspection of the goods received. Goods that are installed and transported within 24 hours after receipt of the shipment shall be inspected by unpacking or by security inspection equipment.
Article 11 An air waybill (hereinafter referred to as a shipper) shall be completed by the shipper and delivered to the carrier together with the goods. If the carrier completes the shipper based on the consignment provided by the shipper and signs it with the shipper, the shipper shall be deemed to be completed on behalf of the shipper.
The shipper shall be responsible for the correctness of the description or statement of the goods on the shipper.
There are eight copies of the cargo, including three copies and five copies. The original three copies are: the first carrier, signed or sealed by the shipper; the second consignee, signed or sealed by the shipper and the carrier; the third consignee, accepted by the carrier Signed and stamped after the goods. Three copies are equally effective. The carrier can add copies as needed. The carrier's joint of the shipper should be kept for two years from the date of filling out the freight order.
The basic contents of the shipper include:
(1) Place and date of filling in the order;
(2) the place of departure and the point of destination;
(3) The name and address of the first carrier;
(4) the name and address of the shipper;
(5) the name and address of the consignee;
(6) the name and nature of the goods;
(7) The method of packing and the number of pieces of goods;
(8) the weight, volume or size of the goods;
(9) Billing items and payment methods;
(10) Transportation instructions;
(11) The shipper's statement.
Section 2 Cargo transportation
Article 12 For goods that need to be transported by express mail, the shipper shall indicate the date of shipment and the flight on the shipper, and the carrier shall deliver it on the specified date and flight. It is necessary to apply for the joint dispatch of the goods, and the carrier must obtain the consent of the joint station to apply.
Goods that are transported within a limited time are agreed by the shipper and the carrier on the date of arrival and are indicated on the shipper. The carrier shall deliver the goods to the destination within the agreed time limit.
The carrier shall deliver the goods to the destination as soon as possible in accordance with the order of shipment in Article 13 of this Chapter.
Article 13 Depending on the nature of the goods, the carrier shall deliver in the following order:
(1) Rescue, disaster relief, first aid, diplomatic letter bags and items designated by the government for urgent transportation;
(2) The date, flight and goods received by dispatch;
(3) time-limited, valuable and sporadic small items;
(4) International and domestic transit joint goods;
(5) General goods are shipped in the order in which they are received and shipped.
Article 14 The carrier shall establish a cabin control system to properly load the air cargo space available on a daily basis to avoid wastage or cargo backlog.
The carrier shall select the transportation route in accordance with reasonable or economic principles to avoid the round-trip transportation of the goods.
When the carrier transports special cargo, a captain's notice system shall be established.
Article 15 The carrier shall carefully organize the loading and unloading operations on the goods carried, and handle them lightly and strictly in accordance with the instructions of storage and transportation on the package of goods to prevent damage to the goods.
The carrier shall accurately load and unload the cargo according to the installation order and the unloading machine to ensure flight safety.
The carrier shall establish a sound system of supervision, supervision and discharge. The loading and unloading of goods shall have full-time personnel to supervise and inspect the work site.
In the process of transportation, if the package of the goods is damaged and cannot be renewed, the carrier shall make a record of the transportation, notify the shipper or the consignee, and solicit the opinions.
When the shipper consigns the special cargo or the over-limit cargo, if the carrier has difficulty in loading and unloading, the shipper or the consignee can provide the necessary loading and unloading equipment and manpower.
Article 16 The carrier shall establish general cargo and valuable goods, fresh goods, dangerous goods and other goods warehouses according to the volume of goods transported in and out of the port and the characteristics of the goods.
The goods warehouse shall establish a sound storage system and strictly handle the procedures; the goods in the warehouse shall be reasonably placed and regularly cleared; the fire prevention, theft prevention, anti-rat, waterproof and anti-freezing shall be done to ensure the accuracy and completeness of the goods entering and leaving the warehouse.
Article 17 After the consignment of the goods, the shipper or the consignee may inquire the carrier or its agent at the place of departure or destination to inquire about the transportation of the goods. When inquiring, the shipper shall be presented or the shipper number, place of departure and purpose shall be provided. The name of the land, the name of the goods, the number of pieces, the weight, the date of shipment, etc.
The carrier or its agent shall promptly respond to the inquiry of the shipper or the consignee.
Section III Arrival and Delivery of Goods
Article 18 After the goods are delivered to the arrival station, unless otherwise agreed, the carrier or its agent shall promptly notify the consignee of the arrival of the goods. The notice includes both telephone and written forms. The arrival notice of the urgent goods shall be issued within two hours after the arrival of the goods, and the ordinary goods shall be issued within 24 hours.
The goods will be kept for free for 3 days from the day after the arrival of the arrival notice. After the overdue withdrawal, the carrier or its agent will collect the custodian fee as required.
The goods are detained by the inspection authority or are stored in the carrier's warehouse due to violation of regulations, and the consignee or shipper shall bear the storage fee and other related expenses.
For animals, fresh perishables and other goods transported on a specified date and flight, the shipper shall be responsible for notifying the consignee of the arrival at the airport of the station.
Article 19 The consignee shall pick up the goods with the arrival notice and the identity card or other valid identity documents of the person; when entrusting others to pick up the goods, the consignee and the consignee's resident ID card specified by the arrival notice and the consignment note or Other valid ID documents will be picked up. If the carrier or its agent requests the issuance of a unit letter or other valid certificate, the consignee shall provide it.
The carrier shall deliver the goods to the consignee after counting the number of goods listed on the freight forwarder. When the goods are found to be in short supply or damaged, they shall be inspected on the spot with the consignee, and if necessary, fill in the record of the accident of the cargo transportation, and the two parties shall sign or seal them.
When the consignee picks up the goods, if there is any objection to the state or weight of the outer packaging of the goods, it shall be checked or re-checked.
After the consignee takes the goods and signs them on the shipper without objection, the goods are deemed to have been delivered.
Article 20 When the goods consigned by the shipper do not conform to the names listed on the shipper or when the goods and dangerous articles prohibited by the government from being transported or restricted are included in the goods, the carrier shall deal with the following provisions:
(1) Stop shipping at the departure station, notify the shipper to withdraw, and the freight will not be refunded.
(2) Stop the transportation at the transfer station, notify the shipper, the freight will not be refunded, and the freight with the name mismatch shall be charged separately according to the actual shipping segment.
(3) At the arrival station, for the shipments whose product names do not match, the freight will be collected for the whole journey.
Article 21 The goods shall not be picked up on the 14th day after the next day of the notification of the arrival of the goods. The arriving station shall notify the originating station to solicit the shipper's handling opinions on the goods; no shipper has been picked up for 60 days and the shipper has not been received. When processing comments, press the undeliverable goods to process.
For undeliverable goods, inventory, registration and custody should be done.
All goods that are prohibited or restricted by the state from transporting goods, valuables and precious cultural and historical materials shall be transferred to the competent national authorities in an invaluable manner; all general production and living materials shall be transferred to the relevant material department or commercial department at a price; Items that are rot or have difficulty in storage may be disposed of at the discretion of the carrier. If it is disposed of, the costs incurred will be borne by the shipper.
The payment for the price shall be promptly handed over to the financial department of the carrier for safekeeping. Within 90 days from the date of processing, if the shipper or the consignee claims, the balance after deducting the storage fee and handling fee of the goods shall be refunded to the claimant; if the claim is still unclaimed after 90 days, the payment shall be submitted to the national treasury. .
For the result of the undeliverable cargo, the shipper should be notified via the originating station.
Section IV Changes in Cargo Transportation
Article 22 When the shipper changes the requirements for the goods that have been completed for transportation, it shall provide the written request, the valid personal certificate and the consignor's consignment issued by the original shipper.
The goods required to be changed for transportation shall be all the goods filled in by one shipper.
The change of transportation shall comply with the relevant provisions of these Rules, otherwise the carrier shall have the right not to handle it.
Article 23 The carrier shall promptly handle the change request of the shipper, change or reopen the shipper according to the change request, and re-receive the freight. If it is not possible to comply with the requirements, the shipper should be notified promptly.
If the consignment is cancelled before the goods are shipped, the carrier can charge a return shipping fee.
Article 24 The carrier shall promptly notify the shipper or the consignee of the delivery of the goods as a result of the carrier's special tasks or the weather force and other force majeure reasons. When the transportation needs to be changed, the carrier shall notify the shipper or the consignee in a timely manner.
The carrier shall handle the transportation costs in accordance with the following provisions:
(1) Return the goods at the departure station and refund the full shipping cost.
(2) Change the arrival station at the stopover station, return the freight of the unused flight segment, and check the freight from the change station to the new arrival station.
(3) At the stopover, the goods will be transported to the original departure station and all freight charges will be refunded.
(4) Transfer the goods to the destination station by using other means of transportation at the intermediate station, and the excess cost shall be borne by the carrier.
Section 5 Freight Transportation Costs
Article 25 The freight rate is the air transport price between the airport of the departure point and the destination airport, excluding the ground transportation fee and other expenses between the airport and the urban area.
Valuables, animals, fresh perishables, dangerous goods, coffins, ashes, paper type, express delivery, and urgent goods are charged at 150% of the freight rate of ordinary goods.
The calculation method for the declared value surcharge is: [declared value - (actual weight × 20)] × 0.5%.
Article 26 The carrier may collect freight charges such as ground transportation fees, return handling fees and storage fees.
Article 27 The shipper shall deliver the freight of the goods in accordance with the currency and payment method stipulated by the State. Unless otherwise agreed between the carrier and the shipper, the freight shall be paid in full.
Chapter IV Transportation of Special Goods
In addition to the provisions for the transportation of ordinary goods, special cargo transportation shall comply with the following special requirements:
Article 28 If the shipper requests the goods that are urgently transported, the carrier may, after the consent of the carrier, handle the urgent transportation, and collect the urgent freight charges according to the regulations.
Article 29 Microbiological products such as strains and culture media harmful to human bodies, animals and plants shall not be transported without the special approval of the Civil Aviation Administration of China.
Any biological products such as vaccines, vaccines, antibiotics, serums, etc. that have been artificially manufactured, refined, and aseptically processed, such as the shipper, provide sterile, non-toxic proofs that can be carried by ordinary goods.
The storage and transportation of microorganisms and harmful biological products should be kept away from food.
Article 30 The transportation of plants and plant products shall be subject to a valid "phytosanitary certificate" issued by the plant quarantine department at or above the county level (inclusive) of the shipper.
Article 31 The ashes shall be packed in closed plastic bags or other sealed containers, plus wooden boxes, and the outermost layer shall be wrapped with cloth.
Conditions for consignment:
(1) The shipper shall rely on the death certificate issued by the hospital and the certificate of the permit issued by the relevant department, and contact the carrier in advance;
(2) The body is not contagious;
(3) The body has been treated with anti-corrosion treatment and within the pre-corrosion period;
(4) The body is made of iron coffin or wooden coffin, with a metal case and a buckle for easy loading and unloading. Adhesive materials such as wood chips or charcoal shall be laid in the crucible. The coffin shall be free of seams and nailed or welded to ensure that the odor and liquid do not overflow;
(5) When handling the consignment, the shipper shall provide the certificate of admission issued by the funeral department.
Article 32 The transportation of dangerous goods must comply with the regulations of the General Administration of Civil Aviation of China on the safe transportation of dangerous goods.
Article 33 Animal transportation must comply with relevant state regulations, and issue the immunization certificate and quarantine certificate of the quarantine department at or above the county level (including); if the consignment is an animal protected by the state, it must also have a certificate of customs clearance; Animals that fall within the scope of market management must have the certification of the market management department.
The shipper shall contact the carrier in advance and fix the class of the sport. When you check in, you must fill in the live animal transport consignment statement. Animals that require special care and feeding or large batches should be sent for escort.
Animal packaging should be easy to load and unload, but also suitable for animal characteristics and air transport requirements. It can prevent animals from damaging, escaping and contacting the outside world. The bottom has measures to prevent fecal spillage, ensuring ventilation and preventing animal suffocation.
Precautions for care and transportation should be indicated on the outer packaging of the animal.
The shipper and the consignee shall deliver and extract the animals at the airport and be responsible for the custody of the animals before and after the transfer.
For animals with special requirements, the shipper should explain the precautions to the carrier or provide guidance on site.
The carrier shall install the animal in an aircraft cabin suitable for carrying sports objects. The animal dies during transportation and the carrier is not liable except for the carrier's fault.
Article 34 If the shipper consigns fresh and perishable articles, it shall provide the maximum allowable time limit for transportation and transportation precautions, set the class, and deliver the consignment procedures to the airport at the agreed time.
The government stipulates that the lively perishable items that need to be quarantined shall have a quarantine certificate with relevant departments.
The packaging should be suitable for the characteristics of fresh and perishable items, so as not to pollute or damage the aircraft and other goods. Passenger flights must not be loaded with fresh and perishable items with bad smell.
Fresh and perishable items requiring special care shall be provided by the shipper with the necessary facilities and, if necessary, sent by the shipper.
In the process of transportation and storage, fresh and perishable items shall be paid by the shipper or consignee for the costs incurred by the carrier due to the protection measures taken.
Article 35 Valuables include: rare metals such as gold, platinum, bismuth, bismuth, palladium and their products; all kinds of gems, jade, diamonds, pearls and their products; precious cultural relics (including books, paintings, antiques, etc.); Cash, securities and items with a gross weight of more than RMB 2,000 per kilogram.
Valuables should be packed in a sturdy, tightly packed box with a #-shaped iron hoop and a seal at the seam.
Article 36 Firearms and police equipment (referred to as firearms) are special controlled items; ammunition is a special controlled dangerous item. The following certificates should be issued when consigning:
(1) The consignor consigns all kinds of firearms and ammunition to the place of departure or the permit issued by the county or city public security bureau or the permit issued by the competent national ministry;
(2) Domestic transportation of all types of firearms and ammunition for entry and exit must be issued with a certificate of carriage issued by the border inspection station;
The firearms and ammunition packaging shall be the original packaging of the factory, and the original packaging that is not manufactured shall be firm, rigorous and sealed. Firearms and ammunition should be packaged separately.
The whole process of transporting firearms and ammunition must be strictly handled.
Article 37 Depending on the nature of the goods, the goods that require special care and supervision during the transportation process shall be sent by the shipper. Otherwise, the carrier shall not be allowed to carry the goods. The escort cargo must be pre-booked.
The escort shall perform the carrier's requirements for the escorted cargo and be responsible for the safe transport of the cargo. The escort should purchase the ticket and check in.
The carrier's loss of goods escorted by the shipper shall not be liable unless the carrier proves to be the fault of the carrier. If it is proved to be caused by the carrier's fault, it shall be compensated according to the relevant provisions of Article 45 of these Rules.
The carrier shall assist the escort to complete the escort mission and attach a "cargo" sticker to the package of the escorted cargo. In the note book of the freight order storage and transportation, the words "escort" are indicated and the date and flight number of the escort are indicated.
Chapter V Airmail and Air Express Transportation
Article 38 The consignment and carriage of airmail shall cooperate and cooperate closely, and organize the transportation according to the published flight plan and mailing list safely, quickly and accurately.
Airmail should be packaged in a variety of well-equipped airmail bags, with the addition of "aviation" signs.
The carrier shall prioritize the organization of the transportation of the received air postal correspondence.
Do not carry dangerous goods or articles restricted by the state within the airmail.
Airmail should be checked for security.
Airmails are charged according to the shipping time limit.
The carrier transports the mail and is only responsible for the postal enterprise.
Article 39 Air express delivery enterprises shall use special marks and packaging on the basis of these rules.
Air express delivery enterprises shall provide services to shippers safely, quickly, accurately and with high quality, and collect corresponding service fees as required. When a breach of contract occurs, it should bear the corresponding economic responsibility.
Chapter VI Cargo charter and cargo transportation
Article 40 To apply for a charter flight, contact the carrier to negotiate the charter flight conditions with the unit's letter of introduction or a valid personal identification document. The parties agree to sign the charter contract. The charter and the carrier shall perform their respective responsibilities and obligations as stipulated in the charter contract.
When the charterer and the carrier carry out the charter contract, each charter charter shall fill in the consignment note and the shipper as the transportation certificate for the charter.
The charterer and the carrier can determine the escort and the escort to handle the ticket with the charter contract according to the nature of the goods and handle the check-in procedures as required.
Article 41 The tonnage of the packaged aircraft shall be fully utilized by the charter. If the carrier needs to use the remaining tonnage of the charter, it should negotiate with the charterer.
Article 42 After the charter contract is signed, the shipper and the carrier shall bear the economic responsibilities stipulated in the charter contract, except for the weather or other reasons for force majeure.
Before the charterer proposes to change the charter flight, the relevant expenses incurred by the carrier for the adjustment of the charter mission shall be borne by the charterer.
Article 43 In the case of a packaged aircraft, the carrier shall charge the fee according to the agreement between the parties.
Article 44 The signing of the contract for the application of the package or the package board (box) and the duties and obligations of both parties shall be handled in accordance with the relevant provisions of the charter.
Chapter VII Compensation Treatment for Unusual Transportation of Goods
Article 45 If the goods are lost, shortage, deterioration, pollution or damage due to the carrier's reasons, compensation shall be made in accordance with the following provisions;
(1) If the goods do not handle the declared value, the carrier shall compensate according to the value of the actual loss, but the maximum amount of compensation shall be RMB 20 per kilogram of gross weight.
(2) The goods that have been declared to the carrier for the declared value of the goods shall be compensated according to the declared value; if the carrier proves that the shipper's declared value is higher than the actual value of the goods, the actual loss shall be compensated.
Article 46 If the goods arrive beyond the time limit stipulated in the contract of carriage of goods, the carrier shall compensate according to the contract of the contract of carriage.
Article 47 If the shipper or the consignee finds that the goods are lost, shortage, deterioration, pollution, damage or delay in arrival, the consignee shall submit the case to the carrier, and the carrier shall fill in the record of the transportation accident according to the regulations and shall be Sign or stamp. In the case of a claim, the consignee or shipper shall, within the statutory time limit from the day following the issuance of the accident record, file a claim with the carrier or its agent. When claiming compensation from the carrier, the cargo claim form should be filled out, along with the shipping order, the shipping accident record and the certificate or other valid proof that can prove the contents of the goods, the price.
If the consignee or the shipper fails to make a claim for compensation beyond the statutory claim period, it is deemed to have voluntarily waived the claim right.
Article 48 Claims are generally processed at the arrival station. The carrier's claim for compensation from the shipper or consignee shall be processed within two months.
When a carrier that does not accept the claim receives the claim, it shall promptly forward the claim to the relevant carrier and notify the claimant.
Chapter VIII Supplementary Provisions
Article 49 These Rules shall come into force on March 1, 1996. The Civil Aviation Administration of China issued the "Russian Civil Aviation Bureau Domestic Carriage Rules" issued in 1985 at the same time abolished.
Description of the "Russian Civil Air Cargo Domestic Transportation Rules"
The "China Civil Air Cargo Domestic Transportation Rules" (hereinafter referred to as the "Goods Regulations") was formulated on the basis of the revision of the original rules issued by the Civil Aviation Administration on January 1, 1986. With the reform of China's economic system, especially the separation of government and enterprises in civil aviation and the rapid development of China's air transport industry, the original "goods regulations" have not adapted to the needs of industry management. In order to implement the requirements of the Civil Aviation Administration for three years to achieve a virtuous circle and to enter the 21st century development strategy, according to the provisions of the Civil Aviation Law of the People's Republic of China, sum up the experience of domestic freight transport for more than ten years, and refer to Warsaw The International Regulations and common practices such as the Convention and the Hague Protocol have established the Regulations on Goods. The relevant issues are explained as follows:
I. Structural changes regarding the "Regulations on Goods"
The chapters of the "Goods Regulations" are basically arranged in the order of the cargo transportation process. The original cargo rules are 4 chapters and 43 articles, and the chapters are: general rules, cargo transportation, cargo charter carriage transportation, liability and compensation. There are 8 chapters and 49 articles in the "Goods Regulations". The chapters are in order:
Special cargo transportation,
Air mail and air express delivery,
Cargo charter, package transportation,
Compensation for the improper transportation of goods,
After the revision, the structure of the "Regulations" is more reasonable and the content is more substantial.
Second, on the air waybill
The "Goods Regulations" made major changes to the air waybills in accordance with the provisions of the Warsaw Convention and the Hague Protocol:
1. It is clarified that the air waybill consists of the original and the copy (Article 11). That is, the original bill of lading is in triplicate: the first to the carrier, the second to the consignee, the third to the consignor, and three to have the same legal effect. The copy of the air waybill is increased or decreased according to business needs. At present, the provisional attached book is five copies.
2. It is clear that the responsibility for filling out the air waybill is the shipper, and the shipper that is customarily filled out by the carrier should be deemed to be filled in on behalf of the shipper. The air waybill is signed by both parties.
3. Clarified the basic content of the freight forwarder.
3. The "Goods Regulations" have added provisions on the declared value of the goods.
The original cargo regulations only have provisions for air cargo transportation insurance, and there are no provisions for declaring value. International practice has provisions for the declaration of value for goods of high value. For this reason, it is clarified in the "Goods Regulations" that the shipper can handle the declared value and stipulates the shipper's method of collecting the surcharge of the declared value (25th) Article) and provisions on compensation (Article 45).
4. The "Goods Regulations" have added provisions for airmail and air express transportation.
Air mail transportation has been established since the establishment of China Civil Aviation, but the original goods regulations have no corresponding provisions. According to the "Civil Aviation Law of the People's Republic of China", and in accordance with international practice, the "Cargo Regulations" stipulates that "the carrier shall prioritize the organization of transportation for the received aviation postal letters." This is because the current domestic postal letters and parcels are mixed together, and the volume of postal parcels is getting larger and larger, which puts a lot of pressure on the airline's transportation organization. Therefore, it requires the transportation of postal letters and general mail (Thirty-eighth). Article) to distinguish.
Regarding air express delivery in China, it is still in the development stage and has great development potential. Therefore, it also puts forward the principle requirements (Article 39) and synthesizes it with mail transportation.
V. About special cargo transportation
The original goods regulations have fewer categories for goods with special requirements, such as the transportation of microorganisms and their products, ashes, coffin transportation, firearms and ammunition, etc., and the transportation of such goods has been increasing. It is described in the chapter and is separately listed as a chapter (Chapter 4) to facilitate transport management.
6. About transportation costs
In addition to the air freight, the original cargo regulations related to the transportation costs of the goods, the specific provisions of the miscellaneous fees, did not reflect the price changes and regional differences. According to the Financial Secretary's opinion, the "Goods Regulations" only provide principles for air freight and freight charges.
VII. Compensation treatment for abnormal transportation of goods
The compensation treatment for the abnormal transportation of goods is basically formulated by combining international practices with relevant national laws and regulations, such as:
1. Compensation for loss of goods. When a loss of goods occurs during transport, the Warsaw Convention and the Hague Protocol are dealt with in combination with the limits of compensation and the declared value. That is, the compensation for the loss of goods is the maximum amount of 20 US dollars per kilogram; the value of the declared value is used as the basis for compensation according to the stated value. The new regulations take the combination of limit compensation and declared value. That is, the maximum amount of compensation for goods is RMB 20 per kilogram; the value of the declaration is based on the declared value.
2. The submission of compensation claims. The "Goods Regulations" stipulate that when the consignee or shipper has a claim for the carrier, the claim shall be filed with the carrier or its agent on the day following the issuance of the record of the transportation accident. Taking into account the actual situation in the country, in order to facilitate the owner of the goods, the "Goods Regulations" clearly claim that the claim is generally accepted by the arrival station (Article 48).
In addition, the "Goods Regulations" also on the weight and volume of a single piece of goods (Article 7), the captain's notice (Article 14), supervision and unloading (Article 15), the handling of undeliverable goods (No. Article 21), the declaration requirements for consignment of living animals (Article 33), etc. have been modified or enriched accordingly.