General contract for the use of freight wagons
The General Contract of Use for Wagons (GCU) ( english General Contract of Use for Wagons (GCU) ) is a contract work of the UIC and regulates the use of freight cars in the network of member railways. It came into force on July 1, 2006 and is the successor to the RIV regulations.
The AVV is a multilateral contract to which well over 600 parties, some wagon keepers and some railway companies (EVU), belong. The AVV is standard in the - also international - cooperation between wagon keepers and railways.
It is also customary to agree the provisions of the GCU in an individual agreement, even if the individual wagon keeper or the RU are not members of the GCU.
Appendix II (loading regulations) is the only part of the RIV that has remained in force. Everything else was integrated into the GCU or abolished.
prehistory
The replacement of the RIV was necessary due to the liberalization of European rail traffic. Since the national railway administrations could no longer be obliged to transport a freight wagon, a change in the previous practice was inevitable. Until then, the transport costs for international transport were accounted for using a key over which the railway administrations had no direct influence. As a result of the deliberate deregulation , this RIV code was no longer up to date, but since a technical set of rules is still required, a revision of the RIV was necessary. In contrast to the RIV, the use of the AVV is voluntary. However, should a railway company (EVU) forego this, an individual agreement with the railway administrations involved is necessary for each wagon or train.
Most important changes
The changes primarily affect the exchange procedure and billing. There is no longer any distinction between railway-owned and private freight wagons. In simple terms, it can be said that all wagons are now treated like private freight wagons during the validity of the RIV regulations.
content
The regulation is divided into eight chapters and twelve annexes. While the legal matters are regulated in the chapters, in practice mainly the systems are used, as all the important details are recorded in them. Annexes 9 and 11, which are published as separate printed works, are particularly relevant here.
chapter
Chapter I.
Object, scope, termination, further development of the contract, withdrawal as a contracting party
Chapter II
Obligations and rights of the holder
Chapter III
RU's obligations and rights
Chapter IV
Detection and treatment of damage to the wagon in the custody of an RU
Chapter V
Liability for loss of or damage to a vehicle
Chapter VI
Liability for damage caused by a car
Chapter VII
Liability for Servants and Others
Chapter VIII
Other provisions: Article 29 obliges the RU to ensure that the shipper complies with the UIC loading guidelines. This is still valid Annex II of the RIV.
Investments
Attachment 1
List of participating keepers and RUs
Annex 2
Definitions
Annex 3
Wagon note: Colloquially also called a waybill
Appendix 4
Damage report for freight wagons
Appendix 5
Calculating the current value of a car: Used to calculate compensation in the event of loss or total loss.
Annex 6
Compensation for loss of use
Appendix 7
spare Parts
Appendix 8
Rules of procedure for the application and further development of the AVV
Appendix 9
Conditions for the technical transitional examinations (own printed matter): largely corresponds to Annex XII of the RIV, only minor changes have been made. The limit dimensions that must be observed during operation are specified here.
Appendix 10
Corrective and preventive maintenance: Here you will find the dimensions that must be adhered to upon delivery and after an overhaul. The revision periods are also regulated here.
Appendix 11
Addresses and labeling on freight wagons (own printing): Merging of several RIV systems
Appendix 12
Damage catalog for freight wagons
Appendix 13
List for repairing damage by RU at the place where the wagon was released or in the immediate vicinity
Appendix 14
Additional conditions for the use of wagons in ferry traffic and in exchange with broad and standard-gauge railways
Appendix 15
Mileage report
Appendix 16
Technical car data
Individual evidence
- ^ Signatories. GCU Bureau sprl, accessed February 23, 2015 .
- ↑ Quotation from Hartenstein / Reuschle, Handbuch das Fachanwalts Transport- und Speditionsrecht , 2nd edition, Cologne 2012, Carl Heymanns Verlag, Chapter 3: Special features of individual modes of transport, B: Rail, 5: General contract for the use of freight wagons, Rn .81.
- ↑ Hartenstein / Reuschle, Handbuch das Fachanwalts Transport- und Speditionsrecht , 2nd edition, Cologne 2012, Carl Heymanns Verlag, Chapter 3: Special features of individual modes of transport, B: Rail, 5: General contract for the use of freight wagons, marginal 82 .
