Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
21 March 2002 [shall come
into force on 23 April 2002];
24 November 2005 [shall come into force on 21 December
2005];
14 June 2007 [shall come into force on 18 July
2007];
7 May 2009 [shall come into force on 10 June 2009];
12 November 2009 [shall come into force on 2 December
2000];
14 October 2010 [shall come into force on 1 January
2011];
30 October 2014 [shall come into force on 16 November
2014];
21 November 2019 [shall come into force from 4 December
2019];
13 October 2022 [shall come into force on 1 January
2023];
6 December 2023 [shall come into force from 3 January
2024].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Carriage by Rail Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) luggage - things which, pursuant to a ticket
presented by a passenger, a carrier registers for carriage in a
luggage wagon, providing the passenger with a receipt;
2) recipient of luggage - a passenger who has handed
over luggage for carriage or another person who, on presentation
of a luggage receipt, is entitled to receive luggage;
3) dangerous goods - goods considered to be dangerous
goods within the meaning of the Law on the Movement of Dangerous
Goods;
4) container - a repeated use receptacle for freight
standardised by gross mass, dimensions, construction and
labelling, and which is used for the carriage of freight by one
or several modes of transport;
5) freight - things (substances, goods or articles)
which have been handed over for carriage by railway wagons or
containers;
6) unaccompanied luggage - things which have been
handed over for carriage in the luggage wagon of a passenger
train;
7) sender of unaccompanied luggage - a person who hands
over unaccompanied luggage and who is indicated in the
unaccompanied luggage carriage documents;
8) recipient of unaccompanied luggage - a person to
whom, according to unaccompanied luggage carriage documents, the
unaccompanied luggage is addressed;
9) consignor - a person who hands over freight for
carriage by rail and is indicated in a consignment note (the
consignor and consignee may be one and the same person);
10) consignee - a person to whom, according to a
contract of carriage, the freight is addressed and who is
indicated in freight carriage documents;
101) military goods - ammunition, armaments,
special means and equipment transferred for carriage by rail to
support foreign armed forces or the National Armed Forces;
11) passenger - a natural person who, according to a
passenger ticket for travel or on any other legal basis, uses a
passenger wagon for travel and carriage of luggage, as well as
uses other services provided by a carrier;
12) consignment note - a rail freight carriage document
which a consignor submits to a carrier together with the
freight;
13) accompanying documents - documents which a
consignor has appended to a consignment note and which are
indicated in the consignment note;
14) private wagons, private containers - rail wagons
and containers owned or used on some other legal basis by a
consignor or a consignee;
15) hand luggage - things easily carried, which
passengers take with them in a railway wagon;
16) consignment - freight which has been registered for
carriage according to a single consignment note;
17) technical regulations - safety and technological
requirements which must be observed in the loading, carriage and
unloading of freight;
18) wagon - a means of transport for carriage by rail
of passengers, luggage, unaccompanied luggage and freight.
[24 November 2005; 14 October 2010; 21 November
2019]
Section 2. Operation of this Law
This Law governs the issues related to the field of carriage
by rail (carriage of passengers and luggage; carriage of freight;
carriage of dangerous goods, military persons and military goods;
liability for violations of carriage by rail mutual obligations;
objections and claims), relations between carriers and
passengers, senders and recipients of luggage, unaccompanied
luggage and freight, as well as prescribes the requirements for
carriage of dangerous goods.
[24 November 2005]
Section 3. Legal Framework for
Carriage by Rail
(1) The legal basis for carriage by rail shall be this Law,
Cabinet regulations issued in accordance with this Law, The Civil
Law, The Commercial Law and other laws, as well as international
agreements binding to the Republic of Latvia.
(2) Matters related to the procedures for providing and using
carriage by rail services of passengers and luggage is governed
also by Regulation (EU) No 2021/782 of the European Parliament
and of the Council of 29 April 2021 on rail passengers' rights
and obligations (hereinafter - Regulation No 2021/782).
(3) Article 10 of Regulation No 2021/782 in relation to the
carriage by rail services of passengers and luggage shall not be
applied until 7 June 2030.
[12 November 2009; 6 December 2023]
Section 4. Legal Framework of
International Carriage of Passengers and Luggage by Rail
(1) International carriage of passengers and luggage by rail
is carried out in accordance with international agreements
binding on the Republic of Latvia.
(2) Regulation No 2021/782 shall not be applied in relation to
international carriage of passengers and luggage by rail carried
out between the stations which are located in Latvia and a state
which is not a European Union Member State.
(3) [6 December 2023]
[7 May 2009; 12 November 2009; 30 October 2014; 21 November
2019; 6 December 2023]
Section 4.1 Legal
Framework of Domestic Carriage of Passengers and Luggage by
Rail
(1) In addition to the laws and regulations referred to in
Section 3 of this Law, domestic carriage of passengers and
luggage by rail is governed by the Law on Public Transport
Services and Cabinet regulations issued on the basis of the
Law.
(2) [6 December 2023]
(3) Regulation No 2021/782, except for its Articles 13 and 14,
shall not be applied to the carriage of passengers and luggage by
rail of heritage railway.
[12 November 2009; 30 October 2014; 21 November 2019; 6
December 2023 / See Paragraph 7 of Transitional
Provisions]
Section 5. Rail Freight Carriage
Regulations
(1) The Cabinet shall issue rail freight carriage regulations
regarding:
1) carriage of stacked freight (number of pieces not
stated);
2) sealing of wagons and containers;
3) [21 November 2019];
4) carriage of grain and other loose bulk freight;
5) carriage of freight in containers;
6) carriage of freight that may freeze;
7) carriage of freight between Gulbene and Alūksne;
8) carriage of such freight as is perishable;
9) carriage of freight in open wagons;
10) carriage of animals and freight subject to veterinary
control;
11) procedures and terms for the storage of freight.
(2) A rail freight carrier has a duty to provide free of
charge the information laid down in laws and other regulatory
enactments to State institutions upon their written request, as
well as to ensure the data processing system of the State Revenue
Service with the electronic information necessary for customs
control needs.
[21 November 2019]
Section 5.1 Regulations
on the Carriage of Military Persons and Military Goods by
Rail
The Cabinet shall issue regulations on the carriage military
persons and military goods by rail, in which the following shall
be determined:
1) the specific requirements for filling in a consignment note
and information to be indicated in accompanying documents in
carriage of military goods;
2) the safety measures to be taken in performing carriage by
rail of military persons and military goods;
3) the procedures by which loading, fixing and unloading of
military equipment shall be organised.
[7 May 2009]
Section 6. Classification of
Carriage by Rail
Carriage by rail shall be classified according to the type of
transport as follows:
1) domestic carriage by rail - carriage performed between the
stations of departure and stations of destination within the
territory of the Republic of Latvia, including carriage of
freight to, from or between the railway stations serving
ports;
2) international carriage by rail - carriage which is
performed in the territory of two or more states.
Chapter II
Carriage of Passengers and Luggage by Rail
Section 7. Passenger and Luggage
Carriage Contracts
According to a passenger carriage contract, a carrier shall
undertake, in return for payment, to carry a passenger to the
station or train stop indicated on the ticket and, if a passenger
has handed over luggage, to convey it to the station indicated
and hand it over to the recipient of the luggage or his or her
authorised person, but the passenger shall undertake to pay for
his or her travel and carriage of luggage unless provided for
otherwise in law.
Section 8. Unaccompanied Luggage
Carriage Contracts
According to an unaccompanied luggage carriage contract, a
carrier shall undertake, in return for payment, to convey the
unaccompanied luggage handed over for carriage to the indicated
station and to hand it over to the recipient of the unaccompanied
luggage.
Section 9. Carriage of Passenger,
Luggage and Unaccompanied Luggage by Rail Documents
(1) A ticket shall confirm that a passenger has paid for the
carriage.
(2) The entering into of a luggage carriage contract shall be
confirmed by a luggage receipt.
(3) The entering into of an unaccompanied luggage carriage
contract shall be confirmed by an unaccompanied luggage receipt
and a consignment note.
(4) The procedures for sale of tickets and sales locations,
and the procedures and locations for the issue of receipts for
hand luggage, luggage and unaccompanied luggage which are carried
for a charge shall be determined by the carrier.
Section 10. Ticket Details in
International Carriage by Rail
(1) The carrier shall determine the form of tickets.
(2) A ticket shall indicate:
1) the carrier;
2) the station (train stop) of departure and destination;
3) its date of issue (where necessary, also the time and
period of validity);
4) its price (cost of carriage).
(3) If necessary, a carrier shall also indicate other
particulars.
[14 June 2007 / See Transitional Provision]
Section 11. Passenger Train
Timetables
(1) A carrier shall carry railway passengers in accordance
with a passenger train timetable.
(2) A carrier shall carry luggage and unaccompanied luggage
between the stations where the luggage and unaccompanied luggage
is loaded and unloaded.
(3) A carrier shall inform the public regarding train
timetables and changes therein not later than ten days before
they enter into effect.
(4) The provisions of Paragraph three of this Section are not
applicable to cases where the timetable is changed or the
movement of trains is interrupted if traffic safety, human life,
health, personal property or the environment is being or could be
endangered.
[21 March 2002; 14 June 2007 / See Transitional
Provision]
Section 12. Obligation to Provide
Information
(1) A carrier shall place the following information in a
clearly visible location in stations and train stops:
1) a passenger train timetable;
2) charges and discounts for passenger travel and carriage of
hand luggage, luggage and unaccompanied luggage;
3) the working hours of ticket offices;
4) a list of things (including substances) which it is
prohibited to carry in hand luggage, luggage or unaccompanied
luggage.
(2) Information regarding the carriage of luggage and
unaccompanied luggage, as well as registration and hand over
offices shall be placed in stations and train stops, which
register luggage and unaccompanied luggage.
(3) Information regarding charges for the carriage of
passengers, hand luggage, luggage and unaccompanied luggage, as
well as regarding amendments to such charges shall be publicly
notified not later than ten days before the coming into effect of
such.
(4) In international carriage, the carrier shall ensure the
provision of customs declarations to the passengers.
Section 13. Hand Luggage
(1) A passenger has the right to carry hand luggage.
(2) A carrier shall not be liable for the safe-keeping of a
passenger's hand luggage.
Section 14. Luggage and
Unaccompanied Luggage
(1) A passenger or a sender of unaccompanied luggage has the
right to carry or to send luggage or unaccompanied luggage,
within the limits specified by the carrier for luggage and
unaccompanied luggage (mass, dimensions).
(2) The delivery time of luggage or unaccompanied luggage
shall be specified in conformity with the time of arrival at the
indicated station of the train by which the luggage or
unaccompanied luggage has been sent.
(3) When handing over luggage and unaccompanied luggage, its
value may be declared.
(4) A carrier shall issue luggage and unaccompanied luggage to
its recipient after arrival of the train at the indicated station
or after receipt of a notification of the arrival of the luggage
or unaccompanied luggage.
(5) Recipients of luggage or unaccompanied luggage shall pay
the carrier for storage of the luggage or unaccompanied luggage
if the recipient of the luggage or unaccompanied luggage has not
claimed such within a period of one day after receipt of a
notification of the arrival of the luggage or unaccompanied
luggage.
(6) A recipient of luggage or unaccompanied luggage is
entitled to consider luggage or unaccompanied luggage to be lost
and to submit a claim for reimbursement if the luggage or
unaccompanied luggage has not arrived at the indicated station
within a period of ten days after the time for its delivery has
expired.
(7) A carrier has the right to sell unclaimed luggage and
unaccompanied luggage not earlier than after 30 days. If the
recipient of luggage or unaccompanied luggage demands such within
a period of six months, the carrier shall pay the recipient the
amount that the carrier has received from the sale of the luggage
or unaccompanied luggage, deducting therefrom all expenses
relating to sale and storage.
Section 15. Particulars of Hand
Luggage, Luggage and Unaccompanied Luggage Receipts
(1) Forms of receipts for hand luggage carried for charge, and
luggage and unaccompanied luggage shall be determined by the
carrier.
(2) An unaccompanied luggage receipt shall indicate:
1) the firm name of the carrier;
2) the given name and surname or firm name of the sender;
3) the station of loading and unloading;
4) a description of the luggage;
5) the price (cost of carriage);
6) the date issue of the luggage (if necessary, also the
time);
7) the declared value.
(3) A luggage receipt shall indicate the particulars referred
to in Paragraph two, Clauses 1-5 and 7 of this Section.
(4) A receipt for hand luggage carried for a charge shall
indicate the particulars referred to in Paragraph two, Clauses 1,
4, 5 and 7 of this Section.
(5) If necessary, on a receipt for hand luggage, luggage or
unaccompanied luggage, the carrier may also indicate other
particulars not referred to in this Section.
Section 16. Limitations Regarding
Carriage of Hand Luggage, Luggage and Unaccompanied Luggage
In hand luggage, luggage or unaccompanied luggage the
following may not be carried:
1) dangerous things (also substances), explosive or
combustible things (also substances), as well as oxidising,
toxic, radioactive or noxious, malodorous substances or things
which may cause infection;
2) things (also substances) which may disturb or cause
inconvenience to other passengers, endanger them, damage their
hand luggage, luggage, unaccompanied luggage or the railway
carriage.
Section 17. Things Found
(1) The carrier shall draw up a document regarding the things
that have been found (left) on a train, including therein a
description of these things, and hand them over to the terminal
station of the train.
(2) In order to have things returned, persons who have lost
them shall indicate their given name, surname and place of
residence and prove their right to the things, identifying the
features of these things and describing them.
(3) A carrier is entitled to hand over things found to the
police not earlier than after three days, if no one has requested
them and, taking into account their natural characteristics, it
is possible to store them.
(4) The customs authorities shall be informed regarding things
found in international carriage by rail.
Section 18. Regulations Regarding
Travel by Children
(1) Pre-school age children have the right to travel in a
passenger train only with an adult.
(2) [14 June 2007]
(3) A child up to 15 years may only be removed from a train in
such case if he or she is conveyed to the nearest police
station.
[14 June 2007 / See Transitional Provision]
Section 19. Obligations of
Passengers
Passengers have an obligation:
1) to purchase a ticket for travel if they do not have the
right to travel free of charge;
2) upon request of the persons who control tickets, to present
tickets and receipts for hand luggage that is to be carried for a
charge, and personal identity documents which confirm the right
of the passenger to travel at a discount or other documents
confirming the right to travel;
3) to pay a fine and a charge for carriage if the passenger
cannot present a valid ticket for travel or other document
confirming the right to travel, or a receipt for hand luggage for
the carriage of which the carrier has specified a charge;
4) to present documents valid for entry into Latvia or the
respective state to the carrier in international carriage of
passengers and luggage by rail performed between stations, which
are located in Latvia and a state, which is not a Member State of
the European Union.
[30 October 2014]
Section 20. Rights of Passengers
Passengers have the right:
1) to purchase a ticket for travel in any vacant seat of a
train or wagon on any scheduled route of their choice to a
station (train stop) meeting their requirements as is open for
the carriage of passengers and at which boarding and alighting of
passengers is intended;
2) to use a passenger wagon for travel in conformity with the
passenger carriage contract, as well as to use services related
to the carriage;
3) to use travel discounts;
4) to extend the term of validity of a ticket, to have a
ticket reissued and to travel by another train, which departs
earlier, to refuse to travel and to return the unused travel
documents, as well as while travelling, to take a vacant seat in
a wagon of a higher or lower category.
[14 June 2007 / See Transitional Provision]
Section 21. Obligations of
Carriers
(1) Carriers have an obligation:
1) to ensure for a passenger a seat as indicated in the ticket
in a passenger wagon, as well as a safe journey, and the
safe-keeping and conveyance of luggage and unaccompanied luggage
handed over for carriage, by the specified time in the passenger
train timetable, to the station (train stop) indicated;
2) upon request of a passenger and according to the specified
procedures, to extend the term of validity of a ticket or redeem
an unused (partly used) ticket;
3) to ensure appropriate sanitary conditions in passenger
train wagons, as well as a specified air temperature.
(2) In international carriage by rail, carriers also have an
obligation:
1) to inform passengers regarding approaching a border;
2) to provide information in good time to the Border Guard and
customs authorities regarding the persons and goods carried;
3) to ascertain that a passenger has documents valid for entry
into Latvia or the respective state and refuse to carry a
passenger, if the passenger cannot present the carrier documents
valid entry into the respective state in carriage of passengers
and luggage performed between stations, which are located in
Latvia and a state that is not a Member State of the European
Union.
[30 October 2014]
Section 22. Rights of Carriers
Carriers have the right:
1) to not sell a ticket to a passenger if in the train wagon
chosen by the passenger there is no vacant seat or if the
passenger train has been cancelled;
2) to refuse to carry and to remove from a train at any
station (train stop) mentioned in the train timetable, as well as
to hand over to the police a passenger who is intoxicated with
alcohol, narcotic or toxic substances and is violating public
order;
3) to refuse to carry and to remove a passenger from a train
at any station (train stop) mentioned in the train timetable if
things (also substances) which are prohibited to be carried on
the basis of Section 16 of this Law are found in his or her hand
luggage;
4) to refuse to carry and, in the presence of a medical
practitioner, to remove a passenger from a train at any station
(train stop) mentioned in the train timetable, if the passenger
disturbs other passengers because of illness, or is dangerous to
the health of others, and it is not possible to isolate such
passenger from other passengers on the train;
5) to check the ticket and hand luggage receipt or the
documents of a passenger which confirm the right of the passenger
to travel at a discount and to keep the aforementioned documents
if signs of forgery are evident in them;
6) to refuse to carry, to remove from a train at any station
(train stop) mentioned in a train timetable, as well as to hand
over to the police a passenger, if the passenger cannot produce a
valid ticket, a document which confirms his or her right to
travel at a discount or other documents confirming the right to
travel, or a receipt for hand baggage carried for a charge, as
well if he or she does not pay a fine or a travel fare, or the
charge for carriage of hand luggage;
7) to refuse to register luggage and unaccompanied luggage for
carriage, if it is not appropriately packaged or if there is
obvious damage to it;
8) to sell luggage and unaccompanied luggage handed over for
carriage, but which is unclaimed.
Chapter III
Carriage of Freight by Rail
Section 23. Freight Carriage
Contracts
According to a freight carriage contract, a carrier shall
undertake, for a charge, to carry freight handed over by a
consignor (in accordance with the carriage by rail tariff) from
the station of departure to the station of destination and to
hand over such freight to the consignee.
Section 24. Carriage Contract
(1) A carrier shall carry freight on the basis of a freight
carriage contract, which shall be equivalent to a consignment
note written according to specific procedures. A consignment note
and accompanying documents may be drawn up electronically.
(2) The parties to a contract of carriage are not entitled to
contest the validity of the contract of carriage only on the
basis that it has been drawn up electronically, either fully or
partially.
[30 October 2014]
Section 25. Contents and Form of a
Consignment Note
(1) A consignment note shall indicate the following
information:
1) the date of completion of the consignment note;
2) the number of the consignment note;
3) the firm name of the carrier;
4) the given name, surname, or firm name of the consignor
(only one natural or legal person shall be indicated), address
and for a legal person - registration number;
5) the station of departure and the station of
destination;
6) the given name, surname, or firm name of the consignee
(only one natural or legal person shall be indicated), address
and for a legal person - registration number;
7) the name of the freight;
8) the mass of the freight;
9) the number of the wagon or the container;
10) [21 November 2019];
(2) The Cabinet shall determine the model consignment note
form, its completion procedures and if necessary additional
information which shall be indicated in the consignment note.
(3) A carrier shall issue consignment note forms to a
consignor for a charge.
[21 November 2019]
Section 26. Submission of
Consignment Note and Accompanying Documents
(1) A consignor shall submit to a carrier a completed
consignment note for each consignment and the accompanying
documents appended to it as laid down in laws and
regulations.
(2) The consignor shall be liable for the consequences which
have been caused as a result of the incorrectness, inaccuracy or
incompleteness of the information indicated in the consignment
note, as well as due to accompanying documents not being appended
to the consignment note or incorrect accompanying documents.
(3) A carrier has the right to check the correctness of
information indicated in a consignment note.
Section 27. Charge for Carriage
(1) A carrier shall determine a charge for carriage according
to the carriage by rail tariff-rate system, which includes
information regarding carriage distances, carriage charges,
additional operations and other services related to carriage, and
the procedures for calculating the charges, as well as amounts of
contractual penalties.
(2) Carriage by rail tariffs and tariff changes shall come
into effect not earlier than 15 days after the available
information has been made public to the users of services
provided by a carrier.
Section 28. Preparation of Freight
for Carriage
(1) A consignor has the obligation to prepare freight for
carriage so as to ensure traffic safety, as well as the
safe-keeping of wagons, containers and the freight to be
carried.
(2) Freight, the carriage of which by rail requires packaging
or containers, shall be handed over ready for carriage by a
consignor and in packaging or containers conforming to
standards.
(3) The Cabinet shall issue regulations regarding carriage of
freight poured into tanks and open bin wagons, which are governed
by separate types of freight carriage conditions, regarding
freight, which may be to be carried in tanks, regarding the
procedures for pouring in and out of freight, and regarding the
requirements to be conformed to in respects of tanks, as well as
the procedures for determining shortages of ethyl alcohol.
Section 29. Conformity of Wagons and
Containers
(1) For the loading of freight, a carrier shall provide wagons
and containers in good technical condition (ready for use).
(2) A consignor or a carrier, depending upon who loads the
freight, shall before loading freight make certain that the
wagons or containers are in an appropriate commercial condition
and, if necessary, shall carry out their veterinary sanitary
treatment, as well as the washing or steam cleaning of the
wagons.
(3) The commercial condition of wagons and containers is their
conformity to the carriage of specific freight and the
construction characteristics of the wagons and containers.
(4) A consignor is entitled to refuse wagons or containers, if
they are not in good technical condition.
Section 30. Placement and Fixing of
Freight in Wagons or Containers
(1) A consignor shall load freight into a wagon or a container
according to the technical regulations for the placement and
fixing of freight, regulations for freight carriage, and other
laws and regulations.
(2) A carrier has the right to check whether the freight has
been correctly placed and fixed.
(3) A carrier shall determine the mass of the freight, as well
as indicate in the consignment note the mass of the freight and
the method for determining it.
(4) The mass of the freight loaded into wagons and containers
may not exceed the load capacity of the wagons and
containers.
(5) A wagon or a container shall be considered to be loaded if
the loading operation is finished, the external surface of the
wagon or container is cleaned and a consignment note has been
submitted to the carrier.
(6) The Cabinet shall issue the technical regulations for the
placement, fixing, and carriage of freight that determine:
1) the procedures by which the technical regulations for the
placement and fixing of freight provided for in international
agreements binding on the Republic of Latvia shall be applied to
carriage by rail;
2) the conditions for the placement, fixing, and carriage of
oversized and heavyweight freight.
[21 March 2002; 13 October 2022]
Section 31. Prevention of Freight
Loading Violations
(1) If a consignor has, in loading or fixing of freight,
allowed mistakes or violations which endanger the safe-keeping of
the freight during carriage (incorrect loading, exceeding of load
capacity of rolling stock, incorrect fixing of freight, and
others), a carrier shall invite the consignor or the consignee to
rectify the violations, or rectify such itself.
(2) A consignor or a consignee, after the invitation of the
carrier, shall without delay rectify the violations referred to
in Paragraph one of this Section.
(3) If a carrier rectifies the violations referred to in
Paragraph one of this Section, the consignor or the consignee
shall reimburse to the carrier all the expenses related to
such.
Section 32. Restrictions on Loading
Freight
(1) Loading of freight may be temporarily suspended or
restricted, if there is a natural disaster or an accident which
has caused suspension of movement, if quarantine has been
notified, as well as in other cases laid down in other laws and
regulatory enactments according to instructions by relevant
authorities.
(2) The carrier shall notify the consignor regarding
suspensions or restrictions on the loading of freight.
Section 33. Registration of Freight
for Carriage
(1) Registration of freight for carriage shall be confirmed by
a consignment note, in which the carrier has indicated the date
of registration of the freight.
(2) The Cabinet shall issue regulations regarding the
registration of freight for carriage in which shall be regulated
the types of consignment, the procedures by which the pieces of
freight and mass of the freight shall be determined, and by which
separate types of freight are registered for carriage, as well as
the labelling of transport and other regulations.
[30 October 2014; 21 November 2019]
Section 34. Carriage of Freight with
a Declared Freight Value
(1) A consignor may hand over freight for carriage and declare
the value of the freight with the carrier.
(2) The declaration of the value of freight is mandatory if
precious metals, precious stones and products thereof, valuable
furskins and products thereof, exposed films, art objects,
antiques, household articles, as well as samples of various
machine, equipment and device inventions are handed over for
carriage without an escort.
(3) The procedures for carriage of freight the value of which
is declared shall be determined by the carrier.
Section 35. Carriage of Freight
Accompanied by an Escort
(1) Particular freight shall be carried accompanied by an
escort of the consignor or the consignee.
(2) Freight that shall be carried accompanied by an escort and
the procedures for its carriage shall be determined by the
carrier.
Section 36. Speed of Freight
Carriage
(1) The speed of carriage of freight shall be determined in
kilometres per twenty-four hours, depending on the type of
consignment, and the type and characteristics of the freight.
(2) The speed of carriage of freight shall be determined by
the carrier.
(3) If the relevant freight may be carried only at a specified
speed, the consignor shall indicate the permitted speed on the
consignment note.
[21 November 2019]
Section 37. Time Limit for Delivery
of Freight
(1) A carrier shall convey freight to the station of
destination within the time limit set for delivery of the
freight.
(2) The time limit set for delivery of freight is the time
period within which a carrier must convey the freight registered
for carriage at the station of departure to the station of
destination and inform the consignee of the arrival of the
freight addressed to the consignee.
(3) A carrier shall determine the time limits for delivery of
freight and the procedures for their calculation.
Section 38. Amendments to Carriage
Contracts
(1) A consignor or consignee is entitled to make the
amendments referred to in this Section to a freight carriage
contract according to procedures specified by the carrier.
(2) A consignor may make the following amendments to a freight
carriage contract (in international carriage by rail - only after
co-ordination with customs authorities):
1) to remove the freight from the station of departure;
2) to change the station of destination;
3) to change the consignee;
4) to return the freight to the station of departure.
(3) A consignee may make the following amendments to a freight
carriage contract:
1) to change the station of destination;
2) to change the consignee.
(4) Expenses which are incurred by a carrier, in ensuring the
implementation of the amendments to a freight carriage contract
referred to in this Section, shall be covered by a consignor or a
consignee accordingly.
Section 39. Handing Over of
Freight
(1) A carrier shall inform a consignee of the arrival of
freight.
(2) A carrier is entitled to withhold freight if up to the
time of the handing over of the freight the consignor has not
settled all the payments associated with the carriage of the
freight. In international carriage by rail, the carrier shall
hand over freight only after the receipt of permission from a
customs authority.
(3) The Cabinet shall issue freight hand-over regulations
governing the procedures by which a consignee shall be informed
regarding the arrival of freight and the provision of wagons; by
which the hand-over of freight shall be completed; by which the
wagons shall be provided for unloading; the number of pieces of
freight and by which the mass of the freight shall be determined,
as well as the procedures by which wagons (containers) shall be
cleaned and washed after unloading; by which freight shortages
shall be determined, its amount of spoilage or damage; by which
expert-examinations shall be performed and the payment of
charges; by which notations shall be made in the consignment note
regarding the handing over of the freight; the procedures for
handing over freight on the basis of a consignment note of an
additional consignment; the procedures for looking for freight
which has not arrived at the station of destination, and the
norms for freight natural losses and their application.
Section 40. Refusal to Accept
Freight
A consignee may refuse to accept freight only in such case,
where due to the fault of the carrier the quality of the freight
has deteriorated (damaged or spoilt) and it is not possible to
fully or partially use the freight.
Section 41. Impediments to Carriage
and Handing Over of Freight
(1) If a carrier, due to reasons beyond the control of the
carrier, cannot deliver freight or hand it over to a consignee
or, if a consignee does not arrive to accept the freight, the
carrier shall without delay notify the consignor of this.
(2) If within an eight-day period, or for perishable freight
within a four-day period, from the time of notification, no
instructions are received, or instructions are received which are
impossible to fulfil regarding actions with the freight, a
carrier is entitled to sell the freight or convey it back to the
consignor; in international carriage by rail - only after
co-ordination with the customs authorities.
(3) A carrier is entitled to sell the freight without
observing the time periods specified in Paragraph two of this
Section if, due to the condition of the freight, it is necessary
to conduct urgent measures.
Section 42. Payments for Freight
Sold
Funds which a carrier has received for freight sold in
accordance with Sections 41 and 43 of this Law, after covering
the expenses of the carrier, shall be disbursed according to the
submission of a relevant claim:
1) to the consignee indicated in the consignment note if the
consignee has paid the value of the freight;
2) to the consignor in all other cases.
Section 43. Removal and Storage of
Freight
(1) The consignee shall accept and remove from the station
freight addressed to the consignee.
(2) A consignee shall pay a carrier for storage of freight in
wagons or containers, warehouses or open sites, if the freight
has not been removed within a 24-hour period after the
information referred to in Section 39, Paragraph one of this Law
has been sent.
(3) If due to the fault of a consignor or a consignee wagons
or containers are delayed en route or at the station of loading
or unloading, a carrier shall calculate charges for storage of
the freight in wagons or containers for the entire period of
delay.
(4) If freight is stored for more than the maximum time limit
for storage of the freight, or the expenditures relating to the
carriage and storage of the freight exceeds half of its value, a
carrier is entitled to sell the freight.
Section 44. Acceptance and
Inspection of Delivered Freight
(1) A consignee shall accept the freight, open the wagon or
container and inspect the freight on the basis of the pieces of
freight or the mass of the freight indicated in the consignment
note.
(2) A consignee is entitled to invite the carrier to
participate in the inspection of the number of pieces of freight,
the mass of the freight and the condition of the freight. A
carrier has an obligation to participate in the inspection of the
freight if:
1) the freight has arrived at the station of destination in a
damaged wagon or container or there are other signs which testify
to the possibility of accessing the freight which is contained in
the wagon or container with undamaged seals (locking seals);
2) the freight has arrived at the station of destination in a
wagon or a container with damaged seals (locking seals) or with
seals (locking seals) whose particulars do not conform to those
indicated in the consignor's consignment note;
3) the freight which has been carried in open rolling stock
has signs of shortages, damage or spoilage which may be
determined upon making an external inspection;
4) the time period for the delivery of perishable freight or
the temperature regimen for carriage in refrigerator wagons has
not been observed;
5) the freight is unloaded by the carrier;
6) the freight has been loaded by the carrier.
(3) Freight which is carried in containers or as piece goods
shall be handed over by a carrier, inspecting the mass and
condition of the freight only in the damaged places.
(4) If a carrier participates in an inspection of freight, a
consignee shall open a wagon or a container in the presence of
the carrier.
(5) If the consignee in accepting the freight does not invite
the carrier to participate in the inspection of the freight and
opens the wagon or container without the presence of the carrier,
the freight in accordance with the consignment note shall be
deemed to be handed over without shortages, damage or
spoilage.
Section 45. Determination of the
Amount of Freight Shortages, Damage or Spoilage
If shortages, damage or spoilage of freight is discovered
during hand-over and inspection of the mass of the freight, the
number of pieces or the condition of the freight, the carrier
shall determine, with the participation of a representative
authorised by the consignee, the actual amount of shortages,
damage or spoilage of the freight.
Section 46. Treatment (Cleaning) of
Wagons and Containers after Unloading Freight
(1) A consignee shall completely unload freight from wagons
and containers, remove all fastenings, clean the wagons and
containers internally and externally, and close the doors,
hatches and side panels.
(2) A consignee, after unloading the freight, shall ensure
washing, steaming or veterinary sanitary treatment of the wagons
and containers in accordance with the Cabinet regulations
referred to in Section 39, Paragraph three of this Law.
Section 47. Hand-over and Acceptance
of Wagons and Containers
(1) A wagon or a container shall be considered unloaded if the
unloading and the internal and external cleaning operations are
completed and the consignment notes of conveyance for the empty
wagons have been submitted to a carrier. The carrier does not
have to check whether the information indicated in the
consignment note for the conveyance is true.
(2) The procedures for hand-over and accepting wagons or
containers, which must be observed by a consignor, a consignee
and a carrier, as well as the procedures for completing
consignment notes for conveyance and the model consignment note
for conveyance shall be determined by the carrier.
Section 48. Demurrage of Wagons and
Containers
(1) The consignor or consignee shall pay for the demurrage of
wagons, containers and rolling stock transportable on its own
axles.
(2) Demurrage of wagons, containers and rolling stock
transportable on its own axles is the time when they:
1) are being loaded, unloaded and cleaned, as well as when
consignment notes or accompanying documents are being
completed;
2) are delayed en route or at the station of loading or
unloading due to the fault of the consignor or the consignee.
(3) The procedures for recording demurrage of wagons,
containers and rolling stock transportable on its own axles and
the charges for such demurrage shall be determined by the
carrier.
Chapter IV
Carriage of Dangerous Goods
Section 49. Obligations of
Consignors, Consignees and Carriers of Dangerous Goods
(1) Consignors, consignees and carriers of dangerous goods
have an obligation to train their employees who classify, package
or mark, prepare relevant documents, accept or hand over freight,
or perform the carriage, loading or unloading of the referred to
freight, or who are in some other manner involved in the carriage
of dangerous goods.
(2) A consignor and a consignee of dangerous goods, in
conformity with the amount of freight, shall have reserves of
neutralising agents, devices for pumping and collecting dangerous
goods, and a rescue team for the elimination of the consequences
of accidents during carriage of dangerous goods. Upon request of
a carrier, the State Fire and Rescue Service or other emergency
services, these forces and resources shall be sent to the
location of an accident.
(3) Consignors, consignees and carriers of dangerous goods
have an obligation:
1) to ensure the registration of dangerous equipment to be
used for loading, carriage and unloading of dangerous goods, as
well as its use in accordance with laws and regulation regarding
technical supervision of dangerous equipment;
2) to ensure that the certification of dangerous equipment to
be used for the loading, carriage and unloading of dangerous
goods in relevant institutions and their regular technical
inspections are conducted;
3) to ensure that dangerous equipment used for the loading,
carriage and unloading of dangerous goods are appropriately
equipped and labelled.
(4) The Cabinet shall issue regulations regarding carriage of
dangerous goods by rail, providing for the following therein:
1) classification of dangerous goods;
2) dangerous goods, carriage of which is acceptable;
3) preparation of wagons and containers for carriage of
dangerous goods;
4) the date of drawing up of the consignment note;
5) the procedures by which the provisions for carriage of
dangerous goods provided for in international agreements binding
to the Republic of Latvia shall be applied to domestic carriage
by rail;
6) regulations regarding accepting for carriage and hand over
of dangerous goods.
[21 March 2002; 7 May 2009]
Section 50. Safety Advisers
[13 October 2022]
Section 51. Obligations of
Consignors of Dangerous Goods
A consignor of dangerous goods has an obligation:
1) to hand over for carriage only such freight, the carriage
of which is permitted in accordance with laws and regulations and
international agreements on carriage of dangerous goods;
2) to classify the dangerous goods;
3) to package and mark the freight in accordance with this Law
and the laws and regulations issued on the basis of this Law, as
well as international agreements;
4) to prepare information in writing regarding the dangerous
goods, which contains instructions to the personnel of the
carrier and the consignee, and to hand it over to the
carrier;
5) to reimburse for harm caused due to the fault of the
consignor to human life, health or the environment, as well as
for losses to personal property.
Section 52. Obligations of Carriers
of Dangerous Goods
A carrier of dangerous goods has an obligation:
1) to ensure that in the course of carriage all the necessary
measures are taken to prevent the possibility of dangerous goods
escaping from the packaging, container or wagon (tank), thus
endangering human life, health, personal property or the
environment;
2) to suspend the carriage of dangerous goods, if it may
endanger human life, health, personal property or the
environment;
3) to reimburse for harm caused to human life, health or the
environment, as well as for losses to personal property;
4) to maintain minimum emergency and rescue forces, technical
equipment and gear required for the elimination of the
consequences of accidents, and minimum reserves of neutralisation
agents for the elimination of the consequences of accidents
during the carriage of dangerous goods, as well as to ensure the
use of the aforementioned resources in elimination of the
consequences of an accident;
5) to draw up plans for the prevention of accidents and to
ensure their implementation, to perform the recording of
accidents and an analysis of their causes;
6) to provide information to the environmental protection
authorities requested by them and, if a leakage of dangerous
substances into the environment has occurred, to notify the State
Labour Inspectorate and the State Fire and Rescue Service, as
well as the respective environment administration regarding the
emergency situation without delay.
Section 53. Rights of Carriers of
Dangerous Goods
If a carrier, upon taking over goods, was unaware that the
goods were dangerous and that they may cause harm to human life,
health or the environment, as well as causing losses to personal
property, the carrier is entitled:
1) to return the dangerous goods, unload them, place them in a
warehouse, or, if necessary, organise their destruction or
neutralisation without reimbursing the losses caused to the
consignor;
2) to recover from the consignor reimbursement of expenditure
relating to the measures referred to in Clause one of this
Paragraph.
Chapter V
Liability for Violation of Mutual Obligations Related to Carriage
by Rail
Section 54. Liability of a Carrier
for Losses Caused to Passengers
A carrier shall be liable for losses caused as a result of an
act (omission) of the carrier during carriage, if a passenger has
died or has become crippled or has incurred other damage to
health, or the property of passengers has been damaged and the
carrier cannot prove that the losses have been caused due to
force majeure, with the intention of the injured person himself
or herself, or due to his or her gross negligence. A carrier
shall be liable for losses caused during boarding and alighting
of passengers if the carrier is determined to be at fault.
Section 55. Liability of Passengers
for Violation of Passenger Carriage Regulations and for Causing
Losses
(1) A passenger must observe the passenger carriage
regulations.
(2) If a passenger has violated the passenger carriage
regulations and has caused losses to the carrier, he or she shall
be liable in accordance with the procedures laid down in laws and
regulations.
Section 56. Liability for Failure to
Keep Luggage and Unaccompanied Luggage Carried Safe
(1) A carrier shall reimburse losses that are caused, if the
luggage or unaccompanied luggage is lost, damaged or a shortage
in its mass is determined, in the following amounts:
1) if the luggage or unaccompanied luggage is lost or a
shortage in its mass is determined - the value of the lost or
missing luggage or unaccompanied luggage;
2) if the luggage or unaccompanied luggage is damaged - in the
amount by which the value of the luggage or unaccompanied luggage
is reduced;
3) if the luggage or unaccompanied luggage which is handed
over for carriage with a declared value is lost or a shortage in
its mass is determined - in the amount of the declared value or
the part of the declared value which conforms to the amount of
the actual loss, or if the declared value exceeds the actual
value - in the amount of the actual value;
4) in international carriage by rail - to cover the customs
debts created.
(2) The amount of reimbursement by the carrier for luggage or
unaccompanied luggage which is not kept safe may not exceed the
losses for totally lost luggage or unaccompanied luggage.
Section 57. Cases when Carriers are
not Liable for the Safe-keeping of Luggage or Unaccompanied
Luggage
(1) A carrier shall not be liable for loss, shortages, or
damage of luggage and unaccompanied luggage, if the reason for it
is:
1) circumstances which the carrier was unable to prevent and
the prevention of which was not dependent on the carrier;
2) things (also substances) were handed over for carriage by
the sender of the luggage or unaccompanied luggage, the carriage
of which is prohibited;
3) the natural characteristics of the luggage or unaccompanied
luggage;
4) lack of conformity of packaging which it was not possible
to detect by external inspection upon registration of the luggage
or unaccompanied luggage for carriage.
(2) The burden of proof lies on the carrier to show that the
failure to keep the luggage and unaccompanied luggage safe was
due to the reasons referred to in Paragraph one of this
Section.
Section 58. Liability of Carriers
for Freight and Accompanying Documents
(1) A carrier shall be liable for the safe-keeping of freight
from the time it is registered for carriage until the freight is
handed over to the consignee.
(2) A carrier is liable for the safe-keeping of accompanying
documents which the consignor has indicated in a consignment note
and has appended thereto.
Section 59. Liability for Freight
not Kept Safe
(1) If freight has not been kept safe due to the fault of the
carrier, the carrier shall reimburse the losses caused in the
following amounts:
1) for loss of or shortage in freight -the value of the lost
or missing freight;
2) for damage or spoilage of freight - in the amount by which
the value of the freight has decreased;
3) for such shortages, loss or damage of freight which has
been handed over for carriage with a declared value of freight -
in the amount of the declared value of the freight or the part of
the declared value of the freight which conforms proportionately
to the lost, missing or damaged (destroyed) part of the
freight.
(2) Value of freight shall be determined pursuant to a
document certifying the value of the freight (an invoice of the
seller or a bank document regarding payment for the freight), but
a decrease in the value of the freight due to damage or spoilage
- on the basis of an expert-examination report.
(3) In addition to that specified in Paragraph one of this
Section, a carrier shall reimburse the payment received for
carriage of the freight and other payments relating to the
carriage in proportion to the amount of the freight lost or
damaged, if such payments have not been included in the value of
the freight.
(4) The amount of reimbursement by a carrier for freight which
is not kept safe may not exceed the losses for freight totally
lost.
(5) A carrier is not required to reimburse expenditures and
losses that are not related to a carriage contract.
Section 60. Cases where Carriers are
not Liable for Failure to Keep Freight Safe
A carrier shall not be liable for failure to keep freight safe
(loss, shortages, damage or spoilage) if:
1) the freight has arrived in a wagon (container) which is in
good technical condition with undamaged consignor's seals or
locking seals;
2) the freight has arrived by open rolling stock which is in
good condition without being reloaded en route and its labelling
or fastenings are not damaged, or there are no other signs which
provide evidence of the failure to keep the freight safe during
carriage;
3) the freight has been carried accompanied by a consignor's
or consignee's escort;
4) the failure to keep the freight safe was due to the natural
characteristics of the freight which are related to the carriage
of the freight by open rolling stock, or due to such particular
natural characteristics of the freight regarding which the
consignor has not informed the carrier prior to registration of
the freight for carriage;
5) the freight shortage does not exceed the norms for natural
loss and the maximum permissible differences when determining the
net mass of the freight;
6) the failure to keep the freight safe has occurred with
freight which the consignor has not indicated in the consignment
note;
7) the failure to keep the freight safe has occurred due to
incorrect, inaccurate or incomplete information recorded in the
consignor's consignment note;
8) the freight has been handed over for carriage with a
humidity index exceeding the specified standard;
9) the consignor has consigned products of poor quality
(unsorted, infected, etc.), if this has been proved by an expert
opinion and the freight has arrived at the destination without
exceeding the time period for delivery of the freight;
10) the freight is damaged due to the incorrect selection of
rolling stock by the consignor or due to the incorrect selection
of carriage regimen;
11) the failure to keep the freight safe is due to force
majeure;
12) the consignor has loaded the freight into an uncleaned or
unprepared wagon or container;
13) the failure to keep the freight safe is due the lack of a
container or packaging, or containers or packaging have been used
which do not conform to the characteristics of the freight or
specified standards;
14) the freight which is not intended for carriage by open
rolling stock has been carried by open rolling stock at the
request of the consignor.
Section 61. Late Delivery
(1) A carrier shall pay contractual penalties to a consignee
for late delivery of freight which has occurred due to the fault
of the carrier in the case of a claim in the following
amounts:
1) 10 per cent of the charge for carriage for a delay of one
day;
2) 15 per cent of the charge for carriage for a delay of two
days;
3) 20 per cent of the charge for carriage for a delay of three
days;
4) 25 per cent of the charge for carriage for a delay of four
days;
5) 30 per cent of the charge for carriage for a delay of five
and more days.
(2) If the freight has been totally lost and the loss is
reimbursed in the amount of its value in full, the contractual
penalty regarding late delivery need not be paid.
(3) If there is a partial shortage of freight, the deliverer
shall pay the contractual penalty for late delivery
proportionately to the delivered part of the freight.
(4) A carrier shall pay the contractual penalty for delay in
the delivery of empty private wagons or leased wagons in
accordance with the provisions of Paragraphs one and two of this
Section.
Section 62. Loss of Freight, Private
Wagon or Private Container
(1) A consignor or a consignee has the right to consider
freight, a private wagon or a private container as lost and to
claim reimbursement for its loss if the freight has not been
handed over to the consignee upon request of the consignee within
30 days after expiry of the time period for the delivery of the
freight, but for a private wagon or a private container - within
three months.
(2) If the freight, private wagon or private container has
arrived after expiry of the aforementioned time periods, a
consignee shall accept the freight, private wagon or private
container and reimburse the amount paid to it by the carrier for
the loss of the freight, private wagon or private container.
Section 63. Reimbursement of Losses
with respect to Private Wagons or Private Containers
If a private wagon or a private container is lost, a carrier,
in co-ordination with its owner, shall transfer to the owner a
wagon or a container of an equivalent value, or shall reimburse
for losses in the amount of the residual value of the wagon or
container, but, in the case of damage to a private wagon or a
private container or parts thereof, in the amount of the actual
loss occasioned but not more than the reimbursement as would be
paid if the private wagon or the private container were lost.
Section 64. Liability for Failure to
Clean a Wagon
(1) A penalty payment for failure to clean a wagon after the
unloading of freight shall be paid by a consignee to a carrier in
the amount of expenditure for the cleaning of the wagon.
(2) Notwithstanding payment of the penalty payment:
1) the carrier may return the uncleaned wagon from the place
it is found to the consignee for cleaning and recover from the
consignee the expenses relating to the sending of the wagon;
2) the carrier may clean the wagon and recover from the
consignee the expenses relating to the cleaning of the wagon.
Section 65. Liability for Violation
of the Load Capacity of Wagons or Containers
(1) If a consignor has loaded a wagon or a container in excess
of its load capacity, the consignor shall pay a penalty payment
to the carrier five times the amount of the carriage charge for
the relevant wagon or container.
(2) Notwithstanding payment of the penalty payment, the
consignor shall reimburse the consignee for all expenses relating
to reloading or unloading of that part of the freight, which
exceeds the load capacity of the wagon or container.
[21 November 2019]
Section 66. Liability of Consignors
and Consignees
A consignor or a consignee shall be liable for losses which
due to their fault have been caused to the carrier and third
parties, and shall reimburse all the expenditures related to
such.
Section 67. Liability after Arrival
of Freight at the Station of Destination
After arrival of freight at the station of destination, the
consignee, but if the freight is addressed to a consignee who is
not at the station of destination - the consignor, shall be
liable for fulfilling the obligations of the consignee and the
consignor in accordance with the carriage contract and this
Law.
Chapter VI
Claims and Actions
Section 68. Submitting a Claim
(1) It is mandatory, prior to an action being brought in court
with respect to breach of the obligations of carriage by rail, to
submit a claim in writing to the carrier, except with respect to
actions pertaining to the liability of carriers as indicated in
Section 54 of this Law.
(2) Claims to the carrier may be submitted by:
1) a person presenting a luggage receipt - in cases of loss,
shortages, damage, spoilage or late delivery of luggage or
unaccompanied luggage;
2) a passenger or a legal person - in order to receive back
the payment for carriage of a ticket not used;
3) a consignee or a consignor - in case of total loss of
freight;
4) a consignee - in cases of shortages, damage, spoilage or
late delivery of freight, as well as when the freight is not
handed over for unloading;
5) a consignor - in all other cases;
6) an owner of a wagon (container) - in cases of loss or
damage to a private wagon (a private container) or parts
thereof.
(3) The right to submit a claim shall arise:
1) from the day of the hand-over of freight or luggage - with
respect to claims for shortages or damage or late delivery of the
freight or luggage;
2) after ten days have elapsed since the expiry of the time
period for delivery of the luggage - regarding reimbursement
payments in the case when luggage is lost;
3) after 30 days have elapsed since the expiry of the time
period for delivery of the freight - regarding reimbursement
payments in the case when the freight is lost;
4) after three months have elapsed since expiry of the time
period for delivery of a private wagon or a private container -
regarding loss of the private wagon or the private container;
5) from the date of the event which was the basis for the
submission of a claim - in all the other cases.
Section 69. Documents Confirming the
Basis of Liability
Circumstances which may be a basis for the liability of a
carrier, a consignor, a consignee or a passenger with respect to
carriage by rail shall be confirmed by a commercial statement or
by general form statement.
Section 70. Documents Accompanying a
Claim
An application for a claim shall be accompanied by the
originals of documents issued to the consignor or the consignee
by the carrier and other documents on which the claim is
based.
Section 71. A Commercial Statement
and a General Form Statement
(1) A carrier shall prepare a commercial statement, if it is
requested by a consignee (if the carrier has participated in the
delivery of the freight), a consignee of luggage or unaccompanied
luggage or if a carrier determines:
1) that the name, mass or number of pieces of the freight,
luggage or unaccompanied luggage do not conform to the data
indicated on the consignment note or the luggage and
unaccompanied luggage receipt;
2) that there is damage to the freight, luggage or
unaccompanied luggage;
3) the fact that freight, luggage or unaccompanied luggage is
found without documents or documents are found without freight,
luggage or unaccompanied luggage;
4) that there is an empty private wagon, private container,
leased wagon or container without documents, or that there are
documents without such wagon or container;
5) the fact that the carrier has been given stolen or found
freight, luggage or unaccompanied luggage;
6) the fact that the carrier has not handed over the freight
to the consignee within a twenty-four hour period after
completing the documents for delivery of the freight. In such
case, a carrier's statement shall be prepared only at the request
of the consignee.
(2) For confirmation of other circumstances, a carrier shall
prepare a general form statement.
(3) The Cabinet shall issue regulations on the procedures for
the preparation of a carrier's statement and a general form
statement.
Section 72. Examination of
Claims
(1) A carrier shall examine the submitted claim and shall
notify the applicant for the claim regarding satisfaction or
rejection of such within the following time periods from the date
of receipt of the claim:
1) within one month - with respect to claims for payments and
penalty payments;
2) within two months - in all other cases.
(2) If the carrier satisfies a claim only partially or rejects
it, the carrier shall indicate to the applicant for the claim the
basis for taking such decision and shall return the documents
accompanying the claim.
Section 73. The Right to Bring an
Action
(1) The following have the right to bring an action in
court:
1) passengers, their lawful representatives and heirs - in
cases specified in Section 54 of this Law;
2) the persons referred to in Section 68, Paragraph two of
this Law who have submitted the claim - in all the other
cases.
(2) An action may be brought in court against a carrier if the
carrier refuses to satisfy the claim in full or in part, or if a
reply to the claim has not been received from the carrier within
the time periods specified in Section 72 of this Law.
Section 74. Time Periods for
Bringing an Action
(1) An action, which arises from Section 54 of this Law, shall
be brought in court within two years from the day of the event,
which was the basis for the bringing of the action.
(2) Actions for late delivery, penalty payments and other
payments shall be brought in court within two months - other
claims, within nine months from day of the arising of the right
to submit a claim (in accordance with Section 68, Paragraph three
of this Law).
Section 75. Suspension of the
Running of the Limitation Period for an Action
(1) The submission of a written claim to a carrier shall
suspend the running of the limitation period for an action which
is specified in Section 74 of this Law.
(2) The running of the limitation period shall resume from the
day when the carrier has informed the applicant of the claim with
respect to the full or partial rejection of the claim. If the
claim has been left without an answer, the running of the
limitation period shall resume from day of the expiry of the time
period indicated in Section 72, Paragraph one of this Law.
(3) A repeated submission of a claim which contains previously
submitted claims shall not suspend the running of the limitation
period.
Transitional Provisions
[21 March 2002]
1. The Cabinet shall issue the technical regulations of
loading and fixing of rail freight referred to in Section 30,
Paragraph six of this Law and the regulations regarding carriage
of dangerous goods by rail referred to in Section 49, Paragraph
four of this Law by 1 January 2003.
2. The Cabinet shall issue regulations regarding opening,
amending or closing of passenger carriage routes and the
procedures for approving passenger train timetables referred to
in Section 11, Paragraph one of this Law by 1 October 2002.
3. The Cabinet shall issue the regulations regarding carriage
of military persons and military goods by rail referred to in
Section 5.1 of this Law by 31 December 2009.
[7 May 2009]
4. The new wording of the title of Section 10 of this Law,
amendments to the title of Section 11 and the new wording of
Paragraph one, amendments to Section 18, Paragraph one and
deletion of Paragraph one, as well as amendments to Section 20,
Paragraph four shall become effective on 1 January 2008.
[14 June 2007; 7 May 2009]
5. Amendments to Section 4, Paragraph two and Section
4.1, Paragraph two of this Law regarding replacement
of the numbers and words "3 December 2014" with the numbers and
words "3 December 2019" shall come into force on 4 December
2014.
[30 October 2014]
6. The Cabinet shall, by 1 July 2023, issue the technical
regulations for the placement, fixing, and carriage of freight
referred to in Section 30, Paragraph six of this Law. Until the
day of coming into force of the relevant Cabinet regulations, but
not later than by 1 July 2023, Cabinet Regulation No. 485 of 2
September 2003, Technical Regulations for the Loading and Fixing
of Rail Freight, shall be applicable, insofar as it is not in
contradiction with this Law.
[13 October 2022]
7. Exemptions from Regulation (EC) No 1371/2007 of the
European Parliament and of the Council of 23 October 2007 on rail
passengers' rights and obligations which, in accordance with
Section 4.1, Paragraph two of this Law in the wording
as of 21 November 2019, were applicable to domestic carriage of
passengers and luggage by rail until 3 December 2024 shall be
applicable until the end of the abovementioned period.
[6 December 2023]
The Law has been adopted by the Saeima on 21 December
2000.
President V. Vīķe-Freiberga
Rīga, 5 January 2000
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)