Transport is a complex and permanent process, which forms a
functional unit that is accomplished by the interaction of technical and commercial
operating factors.
The transport process has a finality determined by the conditions
stipulated in the legislation by which the transport necessities of the national economy
are satisfied.
The place, which the commercial operating has in the railway
transport, a basic component of the Romanian economy, justifies the special interest for
its evaluation. The commercial operating is in a transit process, being marked by the road
from a centralized economy, based on the state property to a free market economy, based on
private property.
There are two moments, which are highlighted in the process of
placing the commercial operating on new coordinates:
- 27 October 1997 the effective date of the Transport Regulation
on the railways in Romania, approved by Government Ordinance;
- 10 May 1999 the effective date of the Uniform Norms for the
application of the Transport Regulation on the railways in Romania, approved by
Government Ordinance no. 1/1997.
The main provisions of the Transport Regulation in regard to the new
demands of the commercial operating couldnt be set into practice due to the lack of the
application norms. Starting on 10 May this year they switched in fact to the transport
based on the principles of the free market economy, based on private property.
Some of the most important achievements are:
- The tariffs of railway transport for goods are formed freely on the
market, as a result of Art. 55 from the Emergency Ordinance of the Government no. 12/1998
in regard to the transport on the Romanian railways and the reorganizing of SNCFR. These
are established according to the Transport Regulation, so as to cover the costs of
transport and to ensure a minimum profit.
- The area of services executed by the transporter as the result of the
express demand of the client has widened by changing the compulsory rendering related to
goods expedition into negotiable ones, which are executed by the railways against the
payment of the related tariffs.
- This group comprises the weighing of wagon expeditions within the
limits of the means the transporter disposes of, excepting the cases when the obligation
of the railways in regard to this operation were maintained. Economic agents will be
interested in contracting such rendering, taking into account that the procedure of
recognizing the railway scales was abrogated.
- The sealing of the wagons which according to the new regulations is
an obligation of the expeditor, may be performed by the railways against the payment of
the rendering in the cases stipulated in the Uniform Norms.
- The certification of goods expeditions at the head office of the
addressee also changed into a service, which the railways may perform against the related
tariff. The current regulations have restricted the obligation of the railways in regard
to the certification at the posting of the respective dates on the board of the station.
- The extension of using the negotiations between the client and
transporter in order to establish on contractual way the mutual rights and obligations.
- The regulations in regard to the frame-convention of
loading-unloading is concluded by the clients with the railway transporter when stable
business relations are settled among them.
The convention regulates:
- the scheduling of the transports;
- the ensuring of loading and unloading;
- the certification of transports;
- the method of paying the transports.
- The centralized payment convention of transports which can be a form
of the frame-contract of loading-unloading, which regulates the payment methods of the
transport prices.
- The regulation of using in time the transport means at
loading-unloading and in other cases as a service for which the hour tariff for usage is
paid.
Thus, by balancing the services with the tariffs, the client is
co-interested in the rational usage of the transport means and the transport cashes his
monetary rights according to the time used by the client for his services.
Anatol Groapa