Unit 8

Unit 8

TRANSPORT AND LAW

INTRODUCING NEW INFORMATION

Ex. 1. a) Read (he text and find 2 or 3 sentences that express the main idea.

SOME LEGAL PROBLEMS OF TRANSPORTATION

When executing contracts of transportation of cargo from manufac­ turer to consumer disputes may arise as a result of carelessness or negli­ gence and as a rule they are settled amicably. But when it is impossible to settle a matter in an amicable way it is referred to Arbitration or other courts. Below is an extract from the Award of the Maritime Arbitration Commission 'of January 15,20... in: "Aviaimport" v.2 "Ingosstrakh". (Case No. 11/199...)

FACTS: Four crates of aviation equipment were transported by s/s Neva from St. Petersburg to Cuba under Bill of Lading No. 265 of Febru­ ary 19, 19.... The cargo was insured with "Ingosstrakh". In the port of discharge it was discovered that one crate was missing.

Ingosstrakh rejected the claim of the Cuban firm "Aviaimport" be­ cause it was presented after the expiration of one year since the unloading of the vessel, which denied Ingosstrakh the right to submit a claim to the carrier responsible for the damage, which in turn exempts the carrier from the obligation to pay damages under Paragraph 22 of the Transportation Insurance Rules. Aviaimport submitted its claim to Ingosstrakh for $ 1000 for reimbursement caused by the shortage.

In the reply the defendant recognized that the maximum sum which they could claim from the carrier was equal to $ 250, the limit of the carri-

'	the Marine Arbitration Commission - морская арбитражная комиссия
2	* = versus - против

Transport and Law	195

er's liability for one crate, though they were prepared to compensate the claimant to the amount of the real cost of the missing goods, if they pre­ sented documented proof of the amount of the claim.

In the Seller's price list presented by Aviaimport the cost of one ladder (which according to the claimant was in the missing crate) was equal to $ 7,000. At the last hearing when asked to present the proof as to what goods were in the missing crate the claimant stated that he did not possess any proof.

REASONS FOR AWARD: Having considered the circumstances of the case and listened to the explanations of the parties' representatives the Maritime Arbitration Commission declared that under item 3 of Para­ graph 17 of the Transport Insurance Rules the insurant is obliged to docu­ ment the amount of his claim.

From the materials of the case it is impossible to determine the con­ tents of the missing crate and, therefore, its price. The supplier's invoices only stated that the total weight of the crates was 493 kg and that they were shipped "free of charge".

Although the claimant was invited to present proof which would make it possible to identify the contents of the missing crate such proof was not produced.

In the circumstances the Maritime Arbitration Commission has de­ cided that the claim cannot be awarded in accordance with Item 3 of Para­ graph 17 of the Transportation Insurance Rules.

b)Re-read the text and say if the stitemeats below are true or false. Correct the false statements.

1.All disputes in business are settled friendly.

2.The cargo is always insured against all risks so the buyer never loses his money.

3.Ingosstrakh couldn't reject the claim of Aviaimport.

4.The amount of the claim was equal to $ 7,000.

5.The defendant presented to the court the required proof.

6.The contents of the missing crate were determined.

7.The claimant received the reimbursement.

Ex. 2. Look through the text again and say what was mentioned in the text about:

a)the way of settling claims;

b)the contents of the claim;

c)the reasons for the Award.

13*

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Unit 8

Ex. 3. Find in the text the English equivalents for the following word combina­ tions:

1)в результате небрежности

2)в порту разгрузки обнаружилось

3)спустя год после разгрузки судна

4)который, в свою очередь,...

5)вызванную недопоставкой

6)на последнем заседании по слушанию дела

7)предоставить документы, подтверждающие сумму иска

8)с помощью которых можно было бы определить содержимое утерянного места (ящика)

9)претензия не может быть удовлетворена

Ex. 4. Say what would have happened if:

a)Aviaimport had made a claim on the Russian company just after they discovered that one crate was missing.

b)Aviaimport could have presented the documented proof of the amount of the claim.

c)Ingosstrakh hadn't rejected Aviaimport's claim.

DEVELOPING READING TECHNIQUES

Ex. 5. Listen to the text "Some Legal Problems of Transportation" and follow it with your eyes.

Ex. 6. listen to the text again and repeat it sentence by sentence.

Ex. 7. Read the text aloud, approximate time of reading is 2.5 min.

LEARNING NEW WORDS

Ex. 8 a) Find the words in bold type in the text and try to guess their meaning. Check up the translation of the words in the vocabulary (p. 218). Write them out in your vocabulary.

b) Write down all the words unknown to you in your vocabulary.

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Ex. 9. Explain the meaning of the following phrases within the text:

1)to reject the carrier's liability for one crate

2)to present the documents required

3)to submit a claim to the carrier

4)due to negligence

5)to exempt the carrier from the obligation

6)to deny that damage occurred

Ex. 10. Match the verbs on the left with the noun phrases on the right and translate the expressions they make into Russian:

a) to reject	1) examination
b) to submit	2) proofs
c) to determine	3) claim
d) to execute	4) amount of damages
e) to speed up	5) obligations under contracts
f) to present	6) from the obligation
g) to claim	7) contents of crates
h) to deny	8) the claimant
i) to exempt	9) liability
j) to settle	10) supplier's invoice

Ex. 11. a) Fill in the gaps' with the words given in the box.

a) restrictions customs declares taxes Customs certified

exporting

invoice

certificate

separate

Trade _

_ are enforced1 by Customs and Excise2 department. Im­

porters have to fill out a

declaration form which

the val­

ue of the goods so that

they

the customs officials can calculate the

must pay. To make the job of the

office easier, the invoice

for

goods

is sometimes

as accurate by

the

Consulate of the importing country

country. The

is then called a con­

before the goods leave the

sular invoice and is also

a

used as

of origin (although this may be a

document).

1 to enforce — вводить в действие

1 excise — акциз

198		Unit 8
b) control imposing provides subsidizing imposing loans'
competition limiting produces impose
One way a country can _	_ its economy is by	import

restrictions* (or controls). If an industry is just starting up, the govern­

ment may help it because it makes the country richer and

em­

ployment. The government can help this industry by

.

it or by

import restrictions. To subsidize an industry means to give it

grants or

. Import controls can protect it from

by stopping

or

the import goods which this industry

. The govern­

taxes on imported goods

ment might also

which are called duties

or tariffs.

b) Say what information the texts give about:

a) providing employment	d) giving grants
b) subsidizing an industry	e) filling out a Customs declaration
c) imposing restrictions	f) protecting from competition

Ex. 12. a) Fit! in the gaps choosing the right word form the box.

		reject				refuse		give up turndown
1. Why did they					to place the vessel under loading yesterday?
2.						to		the whole consignment because the
	I'm afraid we'll have
	quality of the goods doesn't conform to the specifications.
3. I talked with the Sales manager yesterday and he											your sugges­
	tion on cooperation.
4.	You should			taking this medicine; it does you a lot of harm.

b)Translate the sentences from Russian into English using the words given above.

1.Они отказались оплатить неустойку, и мы передали дело в ар­ битраж.

2.Мне кажется, тебе нужно отказаться от курения.

3.Почему вы отказываетесь от такого выгодного контракта?

4.Они отказались от суммы, предложенной нами в качестве ком­ пенсации.

1loan — заем

2to impose restrictions — вводить ограничения

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Ex. 13. a) Fill in the gaps choosing the right word from the box.
affair			case business
1. The Department of Home				looks after the			ofthe State at home.
2. In Great Britain criminal				are heard at		the	Crown courts.
					doing very good			for a number
3. This logistics company has been

of years.

4. If this ; had not been heard at the Arbitration Court, we would never have been reimbursed for the losses.

5.When he tried to impose his advice on me, I told him to mind his own

b)Translate the sentences from Russian into English using the words given above.

1.Это мое дело. Я не хочу, чтобы ты вмешивался.

2.Его дело не будет слушаться в суде.

3.Министр иностранных дел Великобритании прибудет с визи­ том в нашу страну на следующей неделе.

Ex. 14. Check yourself. Give English equivalents ofthe following Russian word com­ binations:

1)возникать в результате небрежности

2)отклонить претензию

3)предъявить претензию страховой компании на двадцать тысяч долларов

4)быть предъявленным после истечения одного года со дня нане­ сения ущерба

5)компенсировать истцу ущерб в размере...

6)решить вопрос дружеским путем

7)требовать возмещения ущерба от перевозчика груза

8)ограничить ответственность одной из сторон

9)представить доказательства повреждения ящика во время раз­ грузки

10)освободить от обязательства

11)определить сумму ущерба

12)отрицать факт недопоставки

13)выполнять обязательства по контракту

14)застраховать в Ингосстрахе

15)сумма иска в размере семи тысяч долларов

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Unit 8

REVIEWING GRAMMAR

Conditional Sentences

Ex. 15. Study the table given below. Note the three types of Conditional Sentences.

I.	If he pays in cash, he will get a	Если он заплатит наличными, он
	10% discount.	получит 10%-ную скидку.
II.	Ifbe paid in cash, he would get	Если бы он заплатил наличными,
	a 10% discount.	он получил бы 10%-ную скидку,
		(сегодня, завтра)
III.	If he had paid in cash, he would	Если бы он заплатил наличными,
	have got a 10% discount.	он получил бы 10%-ную скидку,
		(вчера)

Ex. 16. Complete these sentences using the prompts in the brackets.

1.If the charterer didn't give the ship's master the right to sign the Mate's Receipt, (difficulties, to arise, at the port of loading).

2.If the UN Convention of Inter-modal Transport had been signed 10 years ago, (to reduce transport costs and increase efficiency of trans­ portation).

3.If there were not so many transport documents, (to be easier to deliv­ er the goods to the consumer). .

4.If they had transferred the money due to us, (to cause delay in placing the vessel under loading).

5.If it were not for the emergency delivery to Novorossiysk, (to dispatch your consignment of furniture on time).

6.If it were not for the Internet, (to take much more time to keep in touch with business partners).

7.If the charter party hadn't been negotiated carefully, (to arise, bigger problems).

8.If the truck had been cleared on Friday, (to deliver the goods to the customers on time).

9.If there were more investments in transport infrastructure, (the in­ dustry, to start booming).

10.If there hadn't been a congestion at the port, (to carry out discharge without delay).

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Ex. 17. Say what you would do in the circumstances.

a)Your partner fails to return empty containers at the agreed dates.

b)The transport company raises freight rates without giving notice.

c)You want to cancel an agreement before it expires.

d)You want to take up Customs clearance at your new warehouse.

e)You want to specify some points of your future Charter Party.

Ex. 18. Say what would have happened (it didn't really happen) if:

1)you hadn't invoiced the customer in time;

2)you hadn't sent the principals your statement at the required dates;

3)you hadn't offered overtime to the warehouse people working during the weekend;

4)being a western logistics company you hadn't offered your services to the FSU and other developing markets;

5)the Russian government hadn't invested in public transport last year.

Ex. 19. Translate these sentences Into English.

1.Если бы мы заключили соглашение два месяца назад, мы бы не потеряли столько времени и денег.

2.Если бы в стране было несколько крупных транспортно-логи- стических фирм, можно было бы говорить о возможности рез­ кого роста рынка транспортных услуг.

3.Конвенция по интермодальным перевозкам вступила бы в силу, если бы к ней присоединилось свыше 30 стран.

4.Если бы железнодорожная колея во всех европейских странах и России была бы одинаковой, объем грузов, перевозимых по

железной дороге, был бы значительно больше.

5.Если бы ящики были правильно уложены в трюме, груз не был бы поврежден.

6.Если бы все бригады грузчиков работали в две смены, суда раз­ гружались бы быстрее.

7.Если бы все коносаменты и другие транспортные документы передавались по факсу, процесс доставки груза в пункт назна­ чения значительно ускорился бы.

8.Если бы автомобильный транспорт был бы экологически более безопасным, в Европе не было бы ограничений на грузовые ав­ топеревозки.

9.Если бы грузы перевозились только в контейнерах, время на их обработку было бы сокращено.

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Unit 8

10.Если бы в порту не было большого скопления судов, груз был бы доставлен без задержки.

Ex. 20. Pet in prepositions where necessary. Say if all these sentences can be used in business letters of complaint.

1. Vfe have to inform you that the damage

the machines deliv­

ered

Contract 42/03 occurred

transit.

2. The

of the claim equal

amount

$550 is to be remitted

our account no later than the 15th December.

3. Vfe consider that you are liable

the losses we have suffered.

4. Unfortunately we rejected

the

consignment as the tools proved

to be substandard.

5. They promised to speed

loading if we offered overtime.

you

connection

6. Hereby we are making a claim

delay

discharging

our vessel and ask you to reim­

burse

us

the losses

we have

suffered.

customs duties in

7. There are not many goods that are exempt

Russia.

8. If you want to make a claim

your business partner, you should

have a Surveyor's Report properly issued and signed.

9. If the box hadn't been badly damaged, we wouldn't have written it

10. The Sellers promised to supply us						spare parts to the engine
		the end		the month.

Ex. 21. Put the articles where necessary and discuss the text. Say what would have happened if the early markets bad not been allowed to set up their own tri­ bunals.

LAW MERCHANT

early common law courts1 were concerned largely with problems

of land tenure2 and gave

little attention to

growing number of

business transactions

therefrom.

proce­

and

disputes arising

in

merchants

.

dure

common law courts was slow and

needed

quick

spe­

decisions therefore many markets were allowed to set up

own

cial tribunals. There were various types of rules administered3

in

'common law courts — суды общей юрисдикции

!land tenure — землевладение

1 to administer a rule — применять правило

Transport and Law	203

courts which were based upon mercantile1 customs2 and later they became

known as law merchant. Some of

customs were internationally recog­

law courts realized

importance

nized and became laws. common

of

work

tribunals3

were doing and took it over.

various types

of

commercial

documents and procedures were recognized in le­

gal

decisions, thereby forming

precedents and becoming

pan of

common law itself. At

modem law

con­

same time,

of

was developed. Today

will often take

tract

ordinary courts

account of4

business practice in

decision and this still plays

im­

reading

portant

pan in

evolution of

English law

Ex. 22. a) Read and translate the facsimile message. Complete the sentences put­ ting the verbs in the correct tense and voice,

FACSIMILE MESSAGE

To: DFDS Transport, Denmark

Attn: Thomas Nielsen

Nos of pages (incl. this) 1

Pis. advise if this fax is incorrectly transmftted.

Yourref.:

Ourref.:

Date:

Re: Trailer VY 3237 HOK

The above trailer (to arrive) in Moscow on the 16th October at 9.00. Since that time it (to be) in our parking place because the consignee (to have) no money for customs clearance. The con­ signee (to promise) to inform us in time when they (to be ready) to clear the goods. The driver (to visit) our office several times a day to get some news. He (to be) at the office at 5 p.m. yesterday. And we (to tell) him that the consignee (may, not to rum up) till the 10th November as today (to be) a short working day in Russia. But today the client (to phone) our office at 12.30 and (to ask) us to

1 mercantile — коммерческий; торговый

1 custom — обычай, традиция

' tribunal — суд, орган правосудия * take account of —учитывать

204 Unit8

deliver the trailer to the Customs. As the driver (to be) not there we (to fail) to do that.

Moreover the client (to inform) us that he (to take) the documents from the driver on the day of his arrival in Moscow knowing that it

(to be) strictly prohibited.

Wfe (to ask) you to advise the shipper ofthe above and charge the consignee fully for the demurrage'.

Yours truly

Larsen

DFDS Moscow

b)Answer the following questions.

1.When was the fax message sent?

2.How long did the trailer stand at the parking place of DFDS in Mos­ cow and why?

3.Who is responsible for the demurrage?

4.Would the trailer have been cleared on the 6th November if the driver had been at the office?

5.How could this dispute be settled?

c)You are the consignee. Phone DFDS Moscow office and tell them you want to come to their office to have the trailer cleared.

d)You are Larsen. Phone your head office in Denmark and tell them that the consignee considers you responsible for the demurrage.

Ex. 23. Translate the following text into English.

Агент может доверить разгрузку судна стивидорской фирме или организовать доставку самостоятельно. Стивидоры либо разгружают судно и помещают груз на собственном складе с тем, чтобы доста­ вить его грузополучателю, либо совместно с агентом передают груз грузополучателю непосредственно на причале. Груз доставляется по коносаменту, при этом получатель груза обязательно расписывается на обратной стороне документа.

Коносамент может передаваться, продаваться и перепродавать­ ся третьей стороне. Агент (брокер) должен следить за тем, чтобы все

demurrage — простой (суш.)

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205

формальности, предусмотренные законом, выполнялись и чтобы груз был доставлен законному держателю коносамента.

Капитан обычно просит агента (брокера) подписать такой коно­ самент. Подпись брокера означает, что фрахт им уже получен. Если фрахт не оплачен, капитан может воспользоваться правом удержа­ ния имущества и распорядиться грузом по своему усмотрению.

Say if the statements below are true or false. Correct those which are false. The English phrases in the box can help you.

1.A stevedoring company has nothing to do with discharge of vessels arriving at a port.

2.Stevedors have always got their own warehouses.

3.A Bill of Lading is not a negotiable document.

4.A consignee doesn't have to sign Bill of Lading.

5.The master of a vessel always has an agent at the port of discharge.

6.The master has no right to exercise a lien upon the goods.

a)to entrust discharge

b)to discharge the cargo into their own warehouse

c)to arrange direct delivery of the cargo to the owners alongside the ship

d)to sign his name on the back of the document

e)a negotiable document which may be resold to other people

f)the legitimate holder of the Bill of Lading

g)the freight has been duly collected by him

h)to exercise a lien upon the goods

LEARNING TO LISTEN A N D TO SPEAK

Ex. 24. Listen to the telephone conversation and decide what organization Mr. Ni- kitin is making the call to:

a)the insurance company;

b)the consignee;

c)the consignor.

MAKING A COMPLAINT

A Russian importer, Mr. Nikitin telephones Mr. Simons, manager of a British firm supplying computers.

206 Unit8

Simons: Hello. CMS here.

Nikitin: Hello. This is Nikitin of Moscow Export. I'm calling about the consignment of computer components, Order No. 256-AT.

Simons: Just a moment, I'll find your order. WfeU.... here it is. What's the problem?

Nikiiin: I'm afraid the whole consignment is a complete write-off. Wfe can 4 save anything.

Simons: Really? What's happened?

Nikitin: We're not sure. When we received it the case was badly crushed. All the components were damaged beyond repair.

Simons: It sounds as if something heavy fell on it. You'd better get the surveyor to inspect the case.

Nikitin: I've already done it. It didn't take him long to carry out Investigation.

Simons: Would you mind sending the surveyor's report to me, please? Together with your claim. I'll take the matter up with our insurers.

Nikitin: It's going to be a pretty big claim. I think over...

Simons: I realize that but we'll try to speed the things up for you. You must be compensated without delay.

Nikitin: O.K. I'll send you the documents by fax this afternoon. Good bye, Mr. Simons.

Simons: Bye.

Ex. 25. Listen to the conversation again and say if the statements are true or false. Correct those which are false.

1.The consignment of computer components was badly damaged.

2.The damage to the components was caused by negligent stowage of the crates.

3.The surveyor didn't inspect the crates.

4.The suppliers rejected the buyer's claim.

5.The buyers should refer the matter to Arbitration to speed up the solution of the problem.

Ex. 26. Listen to the conversation again and repeat it sentence by sentence.

Ex.27. Rearrange the conversation.

Simons: Hello. CMS here.

Nikitin: Hello. This is Nikitin of Moscow Export. I'm calling about the consignment of computer components, Order No. 256-AT.

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207

Simons: It sounds as if something heavy fell on it. You'd better get the surveyor to inspect the case.

Nikitin: I'm afraid the whole consignment is a complete write-off. Wfe can't save anything.

Simons: Would you mind sending the surveyor's report to me, please? Together with your claim. I'll take the matter up with our insurers,

Nikitin: Ws're not sure. When we received it the case was badly crushed. All the components were damaged beyond repair.

Simons: Just a moment, I'll find your order. Wfellhere it is. What's the problem?

Nikitin: It's going to be a pretty big claim. I think over...

Simons: Really? What's happened?

Nikitin: I've already done it. It didn't take him long to carry out investigation.

Simons: I realize that but we'll try to speed the things up for you. You must be compensated without delay.

Nikitin: O.K. I'll send you the documents by fax this afternoon. Good

bye, Mr. Simons.

Simons: Bye.

Ex. 28. Complete the conversation.

Simons: Hello. CMS here.

Nikitin: .

Simons: Just a moment, I'll find your order. Well.... here it is. What's the problem?

Nikitin:

Simons: It sounds as if something heavy fell on it. You'd better get the

surveyor to inspect the case.

Nikitin:

Simons: Would you mind sending the surveyor's report to me, please? Together with your claim. I'll take the matter up with our insurers.

Nikitin:

Simons: I realize that but we'll try to speed the things up for you. You must be compensated without delay.

Nikitin:

Ex. 29. What would you say to your partner if:

a)the consignment you'd ordered didn't arrive on time?

b)one crate in the consignment was damaged (missing)?

208

Unit 8

c)the goods arrived damaged and you want the replacement urgently?

d)you want to make a claim on your suppliers for delay In delivery?

Ex. 30. Write the letter of complaint which Mr. Simons asked Mr. Nikitin to send. Say what other documents are required to take the matter up with the In­ surers.

Ex. 31. Have a conversation with your partner using the information below.

You have just arrived at a warehouse to collect the spare parts stored there for two days and found one box damaged.

Phone the insurance company and ask them to send the surveyor to the warehouse as soon as possible. Tell them that you need the Inspection Report today. Explain

the reasons.

LEARNING TO WRITE

Ex. 32. a) You work for a medium-sized company with a small fleet of 10 tracks only 5 of which are new trucks. You have been operating on the European market for five years and your partners consider you reliable.

Read the letter below and prepare a polite reply to it admitting your fault. Try to convince your partners that the situation will never repeat in fu­ ture again.

Rustransit Attn.: Mr. Ivanov

Our ref. FA. 960/79 GAG/RAK 27th March 20...

Dear Sirs,

Re: TRAILER No MB 7651 - WAYBILL No 111311 1000 2M SEWING MACHINE HEADS AND 1 CASE SPARES EX RAZNO EXPORT FOR JONES SEWING MACHINE CO. LTD, MANCHESTER - 16.03.20....

With reference to the above and further to our fax notification refer­ ence 1345/20.03.20... hereby we advise you that the consignment was delivered wet and damaged. Wfe now attach Xerox copies ofthe fol­ lowing documentation substantiating1 the claim of Razno Export.

1 substantiate — доказывать, приводить достаточные основания

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209

1.Their letter of 16.03.20... initially indicating potential claim

2.Invoice 209

3.Waybill 111311 bearing reservation1 that the trailer body had many holes and 272 machines were wet damaged

4.The surveyor's report dated 20.03.20... confirming that the cause of damage was poor condition of the tilt2 and establish­ ing the extent of the claim which amounts to $1,667

As Razno Export has lodged this claim3 with the relevant cargo insurers you will in due course receive from them their subrogated claim4 for settlement.

Should you require any further information, we are at your disposal. Yours faithfully

M&S SHIPPING LIMITED

b)Think and answer:

1.Wbuld the carrier have reimbursed the damages if the waybill had been clean?

2.Would the cargo insurer had sent their subrogated claim to the carrier if the Surveyor's Report hadn't confirmed that the goods were dam­ aged due to the poor condition ofthe tilt?

3.Wbuld there be any damage to the sewing machines if the tilt had been in good condition?

4.What would you do if this letter were addressed to you?

Ex. 33. Translate the following letter into English: Уважаемые господа!

Подтверждаем получение Вашего письма от 12.03.20 ка­

сательно повреждения груза, доставленного т/х «Москва» по коносаменту N° .

Всвоем письме Вы указываете, что ящики не были уложены

втрюме, как полагается, что, по Вашему мнению, и явилось

'reservation — оговорка

2tilt-тент

3lodge a claim = make a claim — предъявить претензию

* subrogated claim - зд. претензия, переадресованная страховой компанией на перевозчика

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причиной повреждения груза. Груз размешался в трюме в присутствии Вашего представителя, и в момент загрузки с его стороны не было никаких замечаний. Следовательно груз был закреплен должным образом.

Кроме того, повреждение груза не подтверждено Актом сюр­ вейера, что является необходимым условием при передаче претензии в страховую компанию с целью получения возме­ щения ущерба.

С уважением

Ex. 34. a) Read the letter of attorney1 below and say what power Russtrans grants M&S Freight Ltd.

LETTER OF ATTORNEY2

Hereby RUSSTRANS, Moscow represented by its President Mr. VJadimir Zhukov acting in accordance with the Charter, grants M&S FREIGHT LTD, London the Power of Attorney3 and authorizes them to represent its interests in the United Kingdom and to settle claims connected with com­ pensation in respect of loss and damage to Goods or Equipment belong­ ing to or carried by RUSSTRANS to and from the United Kingdom.

M&S FREIGHT LTD are also authorized to appoint Surveyors/Loss Ad­ justers* to assess5 the cause and compensation liable for any claim over S 300 and if required are further authorized to appoint legal representa­ tion.

M&S FREIGHT LTD should then advise any legal representation in ac­ cordance with the instruction of RUSSTRANS.

This Power of Attorney is valid till July, 1st 20 . RUSSTRANS

President

V. Zhukov

	attorney — доверенное лицо
	Letter of Attorney — доверенность
3	Power of Attorney — доверенность; полномочия
4	adjuster — о цен шик
s	to assess — определять сумму {штрафа и т.п.)

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b)Answer the questions.

1.Why do Russtrans grant a Power of Attorney to M&S Freight?

2.Are there any contracts of cooperation between them?

3.How could claims under $300 be settled between the partners?

4.What do Russtrans mean when they say that M&S Freight "are au­ thorized to appoint legal representation"?

5.In what other cases can a letter of attorney be granted to a company?

LEARNING TO READ AND TO ANALYSE

Ex.35, a) Read this part of the lecture and say who it is in tended for:

•students of Marine Academy;

•sailors and masters;

•students of Law University;

•transport operators.

Over the last five months I have tried to illustrate the nature of claims. Generally, the risks are insured and there will be no personal loss.

If a mistake has been made it might blight the individual's career pros­ pects but should go no further. However there are a number of statutes

relating to operational matters which provide for custodial sentences.. Act 1987 provides that where a vessel enters the safety zone around an offshore structure without consent then:" Its owner and its master shall be guilty of

an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both."

Here is what actually happened in the North Sea last year.

A forest product carrier ran into a rig in the North Sea in June. The second mate who should have been on watch was in his bunk for reasons which lie could not explain and the bridge was unmanned. The case was heard in the Crown Court...

b)What dp you think the verdict was?

c)What are the English equivalents for (see the text):

J)разрушить карьеру человека

2)вопросы эксплуатации (судна)

3)заключение под стражу

4)виновный

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5)правонарушение

6)тюремное заключение

7)штраф

8)столкнуться с буровой

d)Explain the following:

1.Risks are insured and there is no personal loss.

2.Some operational matters provide for custodial sentences.

3.The owner and the master are liable to imprisonment or fine or both.

4.The vessel ran into a rig.

5.The bridge was unmanned.

e)You are the judge at the Crown Court. Try to solve this case.

There are some particulars of the case. You know that the owners of the vessel are residents abroad. The second mate did not feel very well that is why he was in his bunk. What's your verdict?

f) Here is the verdict.

"...the second mate is sentenced to 6 months imprisonment and the master to 3 months, subsequently reduced on appeal to one month."

j)You are the judge at the Court of Appeal. The master of the ship and the second mate wanted their case to be reviewed by you. What is your verdict?

Ex. 36. Read the text and say whether it is:

a)an advertisement;

b)a passage from a text-book;

c)an encyclopedia article;

d)a newspaper article.

SAME LAW FOR ALL IN EU TRANSPORT, SAYS UNION

The International Road Transport Union (I RU) has called for1 a har­ monization of European transport law.

The Geneva-based body, which groups together national haulage as­ sociations from around the world, has pinpointed two problem areas in transport law: driving hours and liability in intermodal transport.

According to the 1RU, there is too much divergence2 between the various countries when it comes to enforcing3 truck driving hours regula-

1	call for — призывать; требовать
1	divergence — зд. различие
5	enforce — вводить в действие

Transport and Law	213

tions. It also believes that some countries discriminate against foreign driv­ ers, penalizing them harder than their own truckers.

In international transport, variations in national law mean that it is often unclear who is legally liable for consignments which move from road to rail and country to country. The IRU is pressing European Union bod­ ies to clarify and harmonize the law across Europe.

Speaking at an IRU symposium on transport law in Brussels, IRU secretary general said: "It cannot be denied that transport law must be modernized. This calls for common legal vision."

The IRU has published a list of lawyers across Europe who claim to be experts in transport law.

Ex. 37. Say what you have learned from the article about the IRU and its activities in Europe.

Ex. 38. Get ready to make a presentation at the Annual International Conference on Transport and Logistics. Read the texts given below and decide what topic of your presentation will be. Make a plan of your presentation and prepare a report according to the plan.

DACHSER'S COMPREHENSIVE SCHOOLING

Almost instinctively when we get into our cars, we fasten our seat belts and make sure that our front seat passengers and any children in the car do the same. After all it is a question of safety — apart from the threat of hefty fines. In fact "belting up" is a form of load securing which we take for granted.

We ought to follow the same principle with the goods on the beds of our trucks, after all load securing measures are a contribution to road safe­ ty and to an increase in the quality of the transport service provided.

The present legal position is that the consignor may well bear the same degree of liability as the logistics provider, the driver and those who actual­ ly load the vehicle. The annual compensation for damage in Germany alone caused by inadequately lashed loads totals around EUR 500 million.

Acceleration, curves and braking all effect the load, which is often composed of many small units, typically with a total weight of several tones. Every time a load works loose braking and centripetal forces are given a

free hand. When these forces act in the direction of motion, they can be so strong that they are equivalent to 80% of the load's total weight. If a load has not been stowed or lashed correctly individual items may work loose, be damaged and, sooner or later, fall off the truck onto the road or the