Loading and unloading times regulation
| Basic data | |
|---|---|
| Title: | Ordinance on loading and unloading times and demurrage in inland waterway transport |
| Short title: | Loading and unloading times regulation |
| Abbreviation: | BinSchLV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 412 (4) HGB |
| Legal matter: | Transport law , traffic law |
| References : | 4103-7 |
| Original version from: | November 23, 1999 ( BGBl. I p. 2389 ) |
| Entry into force on: | December 11, 1999 |
| New announcement from: | January 25, 2010 ( Federal Law Gazette I p. 62 ) |
| Last change by: |
Art. 1 Regulation of 17 December 2009 ( Federal Law Gazette I, p. 3958 ) |
| Effective date of the last change: |
December 31, 2009 (Art. 3 of December 17, 2009) |
| Please note the note on the applicable legal version. | |
The German ordinance on loading and unloading times ( BinSchLV ) is located in the area of transport law / traffic law in the broader sense.
Basics
The ordinance regulates the inland skippers' claims for demurrage (demurrage) and the usual loading and unloading times (unless otherwise expressly agreed in the contract). The BinSchLV is a peculiarity within the framework of the federal German transport law (§§ 407 ff. HGB ), since a corresponding regulation only exists for inland shipping , while a statutory regulation was not considered necessary for the other modes of transport . Only in international transport law is there a comparable regulation within the framework of international rail transport - COTIF / Art. 16 CIM. The BinSchLV is based on the authorization to issue ordinances in Section 412 (4) HGB. The Federal Ministry of Justice (BMJ) is responsible for issuing and amending the ordinance in agreement with the Federal Ministry of Transport, Building and Urban Development (BMVBS).
The BinSchLV first distinguishes between dry and tank shipping, then the usual loading and unloading times are differentiated depending on the amount of cargo, then the (lay) times exceeding the aforementioned usual loading and unloading times are different depending on the carrying capacity of the ship - paid as demurrage.
See also
literature
- The development of German inland waterway law in the years 1999-2002 , article by Prof. Otto / Assessor Thyes from the journal "Transportrecht": transpr 2003, 221; available on the website of the Deutsche Gesellschaft für Transport e. V., Hamburg (PDF; 214 kB)
- Klaus Ramming, Hamburg manual on inland waterway freight law , 1st edition, Munich 2009, Verlag CH Beck, ISBN 978-3-406-58262-2
- Thomas Wieske, Transport law quickly captured , 3rd edition, Berlin Heidelberg 2012, Springer-Verlag
- Ingo Koller, Transport Law. Commentary , 9th edition, Munich 2016, Verlag CH Beck, ISBN 978-3406701139
- Hartenstein, Olaf / Reuschle, Fabian (eds.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Verlag Carl Heymanns
