Detail of JTBL1999-5

Introduction of JTBL1999-5

Chapter 1 General Provisions Article 1 The Rules are prepared in accordance with the relevant laws and regulations of the country with a view to protecting lawful rights and interests of parties to automobile freight/goods transportation, defining the rights, obligations and responsibilities of carrier, shipper, consignee and other parties concerned and maintaining normal order of road freight transportation. Article 2 The activities, including commercial automobile freight transportation, related freight handling and loading, automobile freight transportation service, undertaken within the territory of the People's Republic of China shall comply with the Rules. Unless otherwise specified in law or regulation, the Rules apply to combined transport by motor vehicle and other modes. Freight transportation by tractors and other motor/non-motor vehicles may comply with the Rules by reference. Article 3 The terms in the Rules have the following meanings: (1) Carrier refers to an operator who undertakes freight transportation by automobile and enters into a contract of freight transportation with a shipper. (2) Shipper refers to an entity or individual who enters into a contract of freight transportation with a carrier. (3) Consignee refers to an entity or individual who is appointed in the freight transport contract by the shipper to take delivery of the freight. (4) Freight transportation agent (hereinafter referred to as agent) refers to an operator who contracts freight in his/her own name and respectively signs freight transportation contract with the shipper and the carrier. (5) Station yard operator refers to an operator who undertakes business including goods/freight storage, stockpiling, packaging, handling and loading, at a station or yard. (6) Transport period refers to the specific time of goods starting shipment and arrivingat the destination that is jointly agreed by the carrier and the shipper. Where the transport period is not specified, per 200 km is deemed to be one-day transport distance from the date of shipment start, and the transport period is calculated by dividing the transport mileage by the one-day transport distance. (7) Carrier's period of responsibility refers to the total time that the goods is under the carrier's control from the carrier's reception of the freight to the delivery to the consignee (including the time that the freight is transferred to relevant department in accordance with the relevant requirements of the country). This article won't affect the agreement on the assumed responsibilities agreed by the carrier and the shipper prior to loading and after unloading. (8) Handling and loading refers to operations of goods loading to and unloading from vehicles with human force or by machinery, and handling to certain position at the beginning and end of freight transportation. The distance of handling with human force is not larger than 200m, and that of handling bymachinery is not larger than 400m (except freight handling within station and yard operating zones).   Chapter 2 Basic Conditions of Transportation Section 1 Carrier, Shipper and Transport Vehicle Article 4 Carrier, shipper and transport agent shall sign and perform automobile freight transportation contract inaccordance with the laws of the country, relevant transportation regulations and administrative regulations. Article 5 According to the demands of the goods, the carrier shall, by different characteristics of the goods, provide economical and applicable vehicles with good technical condition that satisfythe requirements ofthe carried goods mass. Vehicles and containers to be used shall be of neater appearance, and vehicle body and container shall be clean and free of contaminant and residue inside. Article 6 Vehicle or container vehicle carrying special goods shall be equipped with special apparatus or dedicated equipment that meets the transportation requirements. Section 2 Transportation Category Article 7 Single freight consignment with a charged weight of 3t or less by the shipper refers to less-than-truckload (LTL) transport. Article 8 Single freight consignment with a charged weight of over 3t or less than 3t by the shipper, however, requiring an automobile to carry because of its property, volume and shape, refers to lot goods transport. Article 9 The transportation requiring large-scale or special purpose vehicle to carry because of volume and weight refers to special large-scale heavy transport. Article 10 The transportation with freight container by automobile refers to automobile container transport. Article 11 The transportation that the goods is shipped to the destination in the specified distance within the specified time refers to express transport; immediate transportation upon consignment, as required by the shipper, refers to special express transport. Article 12 The transportation for dangerous goods, including flammable, explosive, toxic, corrosive and radioactive, listed in List of Dangerous Goods, as well as new products that have dangerous goods property but have not been listed in List of Dangerous Goods, refers to dangerous goods automobile transport. Article 13 Transportation by small-scale van with leasing mark, for freighter's temporary employment, charged by time, mileage and prescribed rate, refers to leasing van transport. Article 14 The transportation and handling/loading service for individual or entity's relocation charged by prescribed rate refers to move transport. Section 3 Type of Goods Article 15 Goods that has no special requirement in transportation, handling and keeping refers to ordinary goods. Ordinary goods is classified into three classes. Article 16 Goods that requires special measures in transportation, handling and keeping refers to special goods. Special goods is classified to four classes. Article 17 Goods whose weight per cubic meter volume is less than 333kg refers to light goods. Its volume should be computed with the highest, longest and widest sizes of the goods external profile (according to package if have). Section 4 Insurance on Goods and Insured Transport Article 18 Freight transportation may be insured by two manners - insurance on goods and insured transport, chosen at the shipper's sole discretion, in the principle of "voluntary insurance". Article 19 Insurance on goods may be assured on the insurance company by the shipper, or entrusted to the carrier. Article 20 Insured transport refers to the freight transportation that acceptance and consignment procedures are handled according to insured goods and the goods is indemnified at the rate declared by the shipper and according to the goods damage intensity in case of any goods indemnity. For the goods that is consigned with a waybill by the shipper, value-insured or non-value-insured may be chosen. Article 21 If the shipper chooses insured transport, the value of goods declared shall not exceed the actual value hereof; insured transport shall be value-insured in the whole distance. Article 22 If a transportation is undertaken in several distances or by multiple carriers, the insurance fee should be agreed by the first carrier (transport agent) with successive carriers, and indicated in the transportation contract. Where no agreement relevant is agreed by the carriers, the transportation is deemed as insured transport and the parties shall assume respective responsibilities. Article 23 For the goods subject to insured transport, the transportation contract shall be stamped with "INSURED TRANSPORT". The insurance fee shall be charged not more than 7‰ of the insured value of the goods.   Chapter 3 Conclusion, Performance, Alteration and Rescission of Transportation Contract Section 1 Conclusion of Contract Article 24 Automobile freight transport contract shall be in writing, oral or other forms. Contracts in writing are divided into regular transport contract, one-off transport contract and road waybill (hereinafter referred to as "waybill"). Automobile freight transport contract shall be signed by the carrier or the shipper under the principle of equality, voluntary participation, fairness, honesty and trustworthiness. Article 25 Regular automobile freight transport contract shall include the basic contents as below: (1) The names, addresses, telephones and post codes of shipper, consignee and carrier; (2) The category, name and property of the goods; (3) The weight, quantity or monthly, quarterly or annual lot size of the goods; (4) The origin and destination of the transportation; (5) The transport mass; (6) The effective period of the contract; (7) The handling responsibility; (8) The value of the goods, whether value-insured or insured; (9) The method of payment for transport charges; (10) The liabilities for breach of contract; and (11) The methods to settle disputes. Article 26 One-off transport contract and waybill shall include the basic contents as below: (1) The names, addresses, telephones and post codes of shipper, consignee and carrier; (2) The name, property, weight, quantity and volume of the goods; (3) Place of loading, place of unloading, transport distance; (4) The manner of packing for the goods; (5) Date accepted and freight transit period; (6) The transport mass; (7) The handling responsibility; (8) The value of the goods, whether value-insured or insured; (9) The method of payment for transport charges; (10) The liabilities for breach of contract; and (11) The methods to settle disputes. Article 27 Regular transport contract is applicable to lot freight transportation completed in the period agreed by the carrier, shipper and transport agent. One-off transport contract is applicable to each freight transportation. When the carrier, shipper and transport agent sign regular transport contract or one-off transport contract, the waybill shall be deemed as an evidence of the freight transport contract concluded. In freight transportation by each vehicle-time or multiple short-distance vehicle-times in a day, the waybill shall be deemed as a contract. Article 28 Automobile freight transport contract shall come into force from the date of its signing and sealing. Where the parties conclude a contract in letter, telegraph text and other forms, the letter of confirmation may be signed and the contract comes to force from the date of signing the letter of confirmation. Section 2 Consignment of Goods Article 29 Where no regular transport contract or one-off transport contract is signed, the waybill shall be filled in according the following requirements: (1) Clearly indicate the names, addresses, telephones and post codes of the shipper, consignee and carrier; (2) Clearly indicate the name, property, number of packages, weight, volume and manner of packing of the goods; (3) Clearly indicate other issues concerned in the waybill; (4) The goods consigned with a waybill must be the same shipper/consignee; (5) Dangerous goods and ordinary goods, or goods with incompatible property, shall not be recorded in the same waybill; (6) Where the shipper requires unloading the goods by himself/herself, it shall be indicated in the waybill upon the carrier's confirmation. (7) Contracts and waybills shall be filled in with clear writing and accurate content by fountain pen or ball pen; in case that it is amended, the part amended must be signed and sealed. Article 30 Where regular transport contract or one-off transport contract has been signed, the waybill shall be filled in by the carrier as required in Article 29, but the contract number shall be filled in on the position of the shipper's signature and sealing on the waybill. Article 31 Where a waybill cannot contain all the type of the goods consigned, the "detailed list of goods" shall be filled in. Article 32 The name, property, number of packages, quality, volume, manner of packing of the goods consigned shall be consistent with the details recorded in the waybill. Article 33 Where the procedures like permission transport certification, approval and testing need be conducted in accordance with the requirements specified by the relevant departments, the shipper shall provide the carrier the permission transport certificate or approval documentation and go along with the goods when the shipper consigns the goods. Where the shipper entrusts the carrier to hand over relevant documents to the consignee on his/her behalf, the names and numbers of the documents shall be indicated in the waybill. Article 34 The goods consigned shall not carry dangerous goods, valuable goods, fresh and live goods, other perishable goods, goods vulnerable to pollution, currency, valuable securities, or goods prohibited or limited by the government, etc. Article 35 Consigned goods shall be packaged as agreed by the carrier and the shipper. Where the manner of packing is not specified or non-clearly agreed, it may be supplemented by concluding a new agreement; if an agreement is not made, the goods are packaged in the general manner; if there is no general manner, the goods shall be packaged in the principle of ensuring safety and completeness of goods in transportation, handling and loading. Where the packaging shall comply with the special packaging standard, it shall be in accordance with the standard. Article 36 The shipper shall, by goods property and transport requirement, properly use transport mark and pictorial marking for packaging / handling of goods in accordance with the requirements of the country. If second hand packing is used, the shipper shall remove irrelevant transport mark and pictorial marking for packaging / handling completely, and make new marks. Article 37 For special goods, the shipper shall indicate the transportation conditions and the special remarks in the waybill according to the following requirements: (1) For the goods that needs to be refrigerated or heat-insulated, the shipper shall proposethe requirements for the refrigerating temperature and the maintained temperature within a certain period; and (2) For fresh and live goods, the longest transport period and the instruction sheet on underway management and attendance shall be provided. The longest permissible transport period of the goods shall be longer than the period that the automobile transportation can achieve; (3) The consignment of the dangerous goods shall comply with "Rules of Transportation of Dangerous Goods by Automobile" issued by the Ministry of Communications; (4) The consignment of the freight container goodsshall comply with Rules of Transportation of Goods by Container Automobile issued by the Ministry of Communications; (5) For consignment of special large-scale heavy objects, the instruction sheet on goods property, weight, overall dimensions and transportation requirements shall be provided; the carrier and the shipper shall check the site conditions of the goods and transportation before acceptance of consignment; in case of need of troubleshooting, the shipper shall be in charge or entrust the carrier; the transportation procedure shall be conducted after agreeing the transportation scheme. Article 38 For lot goods transport, goods laden in bulk, unpackaged or non-integrated shall be consigned according to weight; where packaged and integrated goods can be counted and accepted by pieces, it may be consigned by pieces, and the internal quantity in a piece is neglected.

Contents of JTBL1999-5