Railway Code of Georgia

Law of Georgia

Railway Code of Georgia

Article 1. Purpose and Scope of the Code. State Support for the Development of Railway Transport🔗

1. This Code defines:

a) the economic, legal, organizational and technological foundations of the functioning of railway transport, its place and role in the economy and social sphere of Georgia, regulates legal relations arising in the use of railway services and establishes the rights, obligations and responsibilities of their participants;

b) the rules and conditions for the provision of public railway transport services, as well as the rules and conditions for the conclusion of a public service contract.

2. The operation of this Code extends to the railway system, the carriage of passengers by rail, the transportation of cargo, luggage, cargo-luggage and mail, as well as activities related to the functioning of the railway system.

3. The State promotes the development of railway transport and, proceeding from its strategic and social role, the creation of favorable conditions for the functioning of this branch of transport.

Law of Georgia of 23 June 2020 No. 6355 – website, 01.07.2020.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 2. Definition of terms used in the Code🔗

The terms used in this Code have the following meaning:

a) “local railway traffic (carriage and transportation)” – carriage of passengers, transportation of cargo, baggage, cargo-baggage and mail within the territory of Georgia;

b) “places of non-public use” – closed and open warehouses, as well as land plots specially allocated on the territory of a railway station or outside it in accordance with the procedure established by the legislation of Georgia, which are not in the possession of the railway or are leased by it for use by other persons and are used for loading, unloading, sorting and storage of cargo, baggage, cargo-baggage and mail;

c) “baggage” – passenger’s property that is transported by a baggage car;

d) “ticket” − a material or electronic travel document that grants the right to travel by train and creates for the railway the obligation to carry the passenger;

[ d) ticket − a material or electronic travel document that grants the passenger the right to travel by train and creates for the railway the obligation to carry him or her. The ticket confirms the fact of conclusion of the contract on the carriage of the passenger; (shall enter into force from 1 May 2026)]

e) “overload” – cargo loaded into a railway vehicle in an amount exceeding the established norm;

f) “carrier” – a person who, on the basis of a carriage and transportation contract, carries passengers and transports cargo, baggage, cargo-baggage and mail by railway vehicles in his or her possession;

g) “carriage and transportation documents” – ticket, baggage receipt, cargo-baggage consignment note, road waybill, wagon sheet and other transport documents that confirm the existence of the carriage and transportation contract;

h) “right-of-way” – the land embankment in the possession of the railway, on which artificial and line-track structures, railway power supply and communication devices, railway stations, protective forest plantations and corresponding facilities and railway structural units necessary for the functioning of the railway are located;

i) “additional fee” – fee for operations (works) related to carriage and transportation that is not included in the carriage and transportation tariff;

j) “protection zone” – land plot necessary to ensure the protection of railway structures, devices and other facilities, the density and stability of the land embankment, as well as the adjacent landslide land;

k) “freight forwarder” – a person who, on the basis of a contract concluded with the customer (orderer), in his or her own name and at the customer’s expense, provides services related to the transportation of cargo;

l) “wagon” – an open or closed railway vehicle with metal wheels, equipped with all means necessary for coupling into a train and intended for the carriage of passengers and the transportation of cargo, baggage, cargo-baggage and mail;

m) “type of wagon” – a universal or special wagon intended for the transportation of cargo;

n) "consignment note" – a contract of carriage concluded in writing between the railway and the consignor (consignee), which accompanies the cargo along its entire route and contains the data on the carriage of cargo provided for by the Civil Code of Georgia and this Law;

o) "container" – a reusable transport device whose design ensures the protection of the cargo to be carried in one or different types of means of transport and which is equipped with fittings to accelerate loading, unloading and transshipment;

p) "counterparty" – a party to the contract which, within the limits of the access track, has its own goods warehouses, appropriate places designated for loading and unloading, and railway tracks connected thereto;

q) "gauge" – the established distance between the rails;

r) "locomotive" – a power traction unit belonging to the rolling stock, intended to ensure the movement of a train or wagon on a railway track;

s) "train" – a composition formed from wagons equipped with appropriate signals and/or any other railway means of transport with one or several operating traction units, as well as a self-propelled railway means of transport sent on a transfer run;

t) "passenger" – a person who travels by train and has a ticket;

u) "multimodal (combined) carriage" – carriage carried out on the basis of a single contract of carriage, by at least two types of means of transport and with a single transport document (carriage by successive carriers);

v) "access track" – a track intended for the servicing of individual persons and connected to the public railway network;

w) "pallet" – a transport package or cargo placed on a base and wrapped in cellophane;

x) "platzkart" – a berth corresponding to the category and class of the passenger carriage;

y) "railway" – a complex enterprise equipped with all technical means necessary for the carriage of passengers, cargo, luggage, cargo-luggage and mail, whose servicing is ensured by specialists carrying out the operation of these means and the organisation of carriage and transportation, and whose activity is regulated by the Law of Georgia on Entrepreneurs and other legal acts;

z) "railway station building" – a complex of structures and devices located at one railway station, which includes buildings and structures intended for passenger services, pavilions, covered or uncovered passenger boarding platforms, crossings located at one or different levels, small architectural forms and visual communications;

aa) "railway station" – a structural unit or branch of the railway intended for the organisation of the carriage of passengers, cargo, luggage, cargo-luggage and mail;

[ aa) railway station − a railway infrastructure facility where the provision of railway services may begin, be suspended or end and which is intended for the organisation of the carriage of passengers, freight, luggage, freight-luggage and mail;

aa¹) railway station manager − a legal entity responsible for the management of one or more railway stations and which at the same time may be an infrastructure manager; (shall enter into force from 1 May 2026)]

bb) “Railway tariff policy” – a normative act that determines the procedure for the establishment and regulation by the railway of fees for carriage and transportation;

cc) “Railway structural units” – a railway station, passenger service department, locomotive and wagon depots, wagon section, mechanised loading and unloading works, track, power supply, signalling and communications buildings and structures divisions, as well as other structural units intended for the organisation and provision of carriage and transportation;

[ cc) (removed - 29 April 2025, No. 508) ; (shall enter into force from 1 May 2026)]

dd) “Railway territorial administration” – a railway structural unit that organises and ensures the carriage of passengers and the transportation of freight, luggage, freight-luggage and mail in the region it serves;

[ dd) (removed - 29 April 2025, No. 508) ; (shall enter into force from 1 May 2026)]

ee) international transportation – transportation/dispatch of freight by a single transport document to the customs territories of the countries of destination and transit, crossing the border of one or several countries, from any customs checkpoint of one country through one or several intermediate customs checkpoints of another country;

ff) “international railway traffic (carriage and transportation)” – carriage of passengers and transportation of freight, luggage, freight-luggage and mail between Georgia and foreign states;

[ ff¹) person responsible for technical maintenance − a legal entity or its organisational/structural unit responsible for the maintenance and upkeep and/or technical servicing of rolling stock;

ff²) certificate of the person responsible for technical maintenance − a certificate issued by the Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia − the Railway Transport Agency, in accordance with the railway safety rule;

ff³) tour operator − a tour operator as defined by the Law of Georgia “On Tourism”;

ff⁴) ticket seller − a person who carries out retail trade in railway passenger carriage services and sells tickets, including tickets for direct railway traffic, on the basis of a contract or other agreement concluded with one or more railway undertakings;

ff⁵) A person with disabilities − a person with a persistent physical, mental, intellectual or sensory impairment, whose interaction with various barriers may hinder the full and effective participation of this person in public life on an equal basis with others;

ff⁶) A person with limited mobility − a natural person who is not a person with disabilities, but whose movement is limited for any reason and who requires appropriate attention so that he/she can travel by railway transport like other passengers;

ff⁷) Destination point − the point of disembarkation indicated in the ticket; (shall enter into force from 1 May 2026)]

gg) “Common use areas” - closed and open warehouses, as well as land plots specially allocated on the territory of a railway station in accordance with the procedure established by Georgian legislation, which are in the ownership of the railway and are used for loading, unloading, sorting and storage of cargo, luggage, cargo-luggage and mail;

gg¹) “Common use railway track” – a railway line on which railway stations are located and which may be used by any person;

gg²) “Route shipment” – carriage of cargo under one consignment note, the mass of which corresponds to the weight norm of the route;

gg³) “Railway track” – a pair of rails on which a train moves;

gg⁴) “Railway transport” – a branch of transport;

[ gg⁴) (deleted - 29 April 2025, No. 508) ; (shall enter into force from 1 May 2026)]

gg⁵) “Railway network” – main railway track with tracks connected to it, including access tracks;

gg⁶) Rolling stock − railway rolling stock − locomotives, freight wagons, passenger carriages, multiple-unit rolling stock and other special self-propelled and non-self-propelled railway rolling units intended for carrying out transportation and the functioning of the relevant infrastructure;

gg⁷) Border railway station – a railway station located at the state border of Georgia or on the territory of Georgia, where border control and customs control are carried out in respect of railway transport means, cargo and other property to be transported;

gg⁸) Border control post – a territory allocated at the border railway station, where border and customs procedures related to crossing the border are carried out;

gg⁹) “Freight wagon” – a wagon intended for the carriage of cargo;

gg¹⁰) dangerous cargo − substances and/or articles determined by a normative act of the Government of Georgia, which are classified according to hazard type and whose carriage, in accordance with Annex C of the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 – the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID) and/or Annex 2 of the Agreement on International Rail Freight Traffic (SMGS) of 1 November 1951 of the Organisation for Cooperation of Railways, is prohibited or permitted only subject to compliance with certain conditions;

gg¹¹) “cargo-baggage” – property transported by passenger or mail-baggage train;

gg¹²) “consignor” – a person by whom or in whose name a contract for the carriage of cargo, baggage, cargo-baggage and mail is concluded, or by whom or in whose name cargo, baggage, cargo-baggage and mail are handed over to the railway, in accordance with the contract of carriage;

gg¹³) “cargo” – property, including live animals, as well as containers, pallets or similar items, transport or packaging devices, which are supplied by the cargo owner for carriage;

gg¹⁴) “declared value of cargo (baggage, cargo-baggage)” – the value declared by the consignor or passenger of the cargo (baggage, cargo-baggage), which is indicated in the consignment note and expresses the special interest of the consignor or passenger in the given carriage;

gg¹⁵) “consignee” – a person authorized to receive cargo, baggage, cargo-baggage and mail;

gg¹⁶) “underloaded cargo” – cargo loaded in a railway transport vehicle in an amount less than the established norm;

gg¹⁷) “hand baggage” – property belonging to the passenger, intended for hand carriage, which may be freely placed in the compartments allocated in the passenger carriage;

gg¹⁸) public railway transport service − service of carriage of passengers and transportation of baggage by railway transport vehicle(s), which is provided to the public regularly, without discrimination, and the provision of which is also in the public economic interest;

gg¹⁹) competent authority − Ministry of Economy and Sustainable Development of Georgia or another authorized body determined by a relevant administrative-legal act of the Government of Georgia;

gg²⁰) public service railway operator (railway operator) − any legal entity of public or private law or group of such persons that provides public railway transport service on the basis of a public service contract;

gg²¹) public service obligation − a requirement determined by the competent authority in order, taking into account the public economic interest, to ensure the provision of public railway transport service, in the provision of which the public service railway operator has no commercial interest and which the railway operator would not provide at all without receiving commercial benefit, or would not provide in the same volume and/or on the same terms;

gg²²) exclusive right − the exclusive right granted to a public service railway operator on the basis of a public service contract, unlike any other public service railway operator, to provide public railway transport service exclusively on a certain route, a defined railway network or territory;

gg²³) public service compensation (compensation) − the amount provided for by the State Budget of Georgia, which, within the framework of the public service contract, the competent body shall pay to the public service railway operator in return for the performance of the public service obligation;

gg²⁴) public service contract − a contract concluded between the competent body and the public service railway operator, which imposes on the railway operator the performance of the public service obligation, in return for which the railway operator is entitled to receive public service compensation from the competent body;

gg²⁵) direct award − the granting to a public service railway operator of the right to conclude a public service contract by direct procedure, without a competitive selection procedure or a tender procedure.

gg²⁶) Agency − a Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia − the Railway Transport Agency;

gg²⁷) train driver (hereinafter − driver) − a person who holds a driver's licence and a driver's certificate and is able to drive a train independently, safely and with the corresponding responsibility, including a locomotive, a shunting locomotive, self-propelled rolling stock with motor cars, special self-propelled rolling stock, a utility train, railway machinery and equipment intended for maintenance, and a train intended for the carriage of passengers/cargo;

gg²⁸) railway system − a system comprising railway infrastructure and rolling stock that moves on this infrastructure;

gg²⁹) infrastructure manager − a legal entity responsible for the arrangement, management and maintenance of railway infrastructure, including traffic management, as well as for signalling, train driving and control systems, on a railway network or part thereof. The functions of the infrastructure manager may be transferred to another person;

gg³⁰) railway undertaking/carrier − a legal entity whose activity is the carriage of cargo and/or passengers by rail, provided that it ensures the performance of train traction. A legal entity that performs only train traction shall also be considered a railway undertaking;

gg³¹) train driver's certificate − a document issued by a railway undertaking or an infrastructure manager, which specifies the relevant infrastructure (section of infrastructure) and rolling stock that the holder of this document is entitled to drive;

gg³²) training centre − a legal entity that provides vocational training for train drivers on the basis of the relevant status conferred by the Agency;

gg³³) train driving licence − a document issued by the Agency certifying that the person concerned meets the relevant requirements laid down by the legislation of Georgia;

gg³⁴) applicant − an interested person who wishes, on the basis of the legislation of Georgia, to obtain a train driving licence or a train driver's certificate;

gg³⁵) railway accident − an undesirable, unforeseen and unexpected event or a combination of such events which causes damage. A railway accident is divided into the following categories: train collisions, train derailment, a railway accident occurring at a level crossing, a railway accident which befalls a person during the movement of rolling stock owing to fire or another factor and as a result of which his/her health is harmed, unless this is a serious railway accident;

gg³⁶) serious railway accident – a train collision or train derailment as a result of which at least one person died or five or more persons sustained serious injury to health, a train collision or train derailment as a result of which significant damage was caused to rolling stock, railway infrastructure or the environment, as well as any other similar accident which has an obvious impact on the regulation of railway safety or on safety management;

gg³⁷) incident − an occurrence which does not qualify as a railway accident or a serious railway accident but affects the safety of railway traffic;

gg³⁸) safety certificate − a certificate issued by the Agency in accordance with the legislation of Georgia confirming that a railway undertaking has implemented a safety management system and is able to operate safely in the intended area of operation;

gg³⁹) safety authorisation − an authorisation granted by the Agency in accordance with the legislation of Georgia certifying that the infrastructure manager has implemented a safety management system, which, in turn, must include the procedures and rules necessary for the safe design, maintenance and operation of railway infrastructure (including, where necessary, the maintenance and operation of signalling, management and control systems);

gg⁴⁰) railway infrastructure − the components/details constituting railway infrastructure listed in the annex to this Code.

Law of Georgia of 1 July 2005 No. 1872 - LHG I, No. 41, 19.07.2005, Art. 295

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 27 March 2012 No 5947 – website, 12.04.2012.

Law of Georgia of 8 May 2012 No 6146 – website, 25.05.2012.

Law of Georgia of 23 June 2020 No 6355 – website, 01.07.2020.

Law of Georgia of 31 May 2023 No 2998 – website, 13.06.2023.

Law of Georgia of 29 April 2025 No 508 – website, 01.05.2025.

Article 3. Legislation of Georgia on railway transport🔗

1. The functioning of railway transport shall be regulated by the Constitution of Georgia, international treaties and agreements of Georgia, this Code and other normative acts of Georgia.

2. The organisation and implementation of military railway transportation shall be regulated by the relevant normative acts.

Article 4. Property in the possession of the railway🔗

The property in the possession of the railway shall include rolling stock, track and power facilities, communication and signalling devices, loading and unloading mechanisms, buildings and structures, and other property recorded on the railway's balance sheet.

Article 5. Land in the possession of the railway🔗

1. The land in the possession of the railway shall include the land allocated for railway tracks and structural units of the railway, including the right-of-way and the protection zone.

2. The right-of-way shall be determined in accordance with established norms and design documents, so that on both sides of the edge of a public railway track it is not less than 20-20 metres. In accordance with established norms and design documents, the railway shall be entitled to determine the right-of-way at a distance of less than 20-20 metres on both sides of the edge of a public railway track.

3. The rule for establishing the protection zone and the conditions for its use shall be determined by the legislation of Georgia.

Law of Georgia of 20 June 2007 No 5000 - LHG I, No 2611, 07.2007, Art. 234

Article 6. Management of railway transport🔗

1. The management of railway transport shall be carried out in accordance with the procedure established by the legislation of Georgia.

2. (Removed on 01.07.2005, No 1872).

3. The annual cost estimate of the railway, business plans, including investment and financial programmes, and the procedure for distributing the net profit remaining after payment of taxes shall be developed and approved by the meeting of partners of the railway in accordance with the legislation of Georgia and in the established manner.

Law of Georgia of 1 July 2005 No 1872 - LHG I, No 41, 19.07.2005, Art. 295

Article 6¹. Implementation of state policy, regulation and supervision in the field of railway transport🔗

1. State policy in the field of railway transport shall be implemented by the Ministry of Economy and Sustainable Development of Georgia.

2. The Agency shall carry out the regulation and supervision of the field of railway transport within the scope of the powers conferred by the legislation of Georgia.

3. In order to ensure safety in the field of railway transport, the Agency shall carry out the technical regulation of this field in accordance with the legislation of Georgia.

4. The Agency shall exercise/perform the powers/obligations provided for by this Code and other legislative and subordinate normative acts of Georgia.

5. The Agency shall recognise a medical institution and a doctor authorised to assess the health condition of train drivers and to issue a certificate on the health condition of a train driver (Form No. IV-100/a) and shall monitor them.

6. The Agency shall be entitled, for the performance of the functions determined by this Code and other legislative and subordinate normative acts of Georgia, to request any document and/or information from a public institution and/or any other person in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 7. Rights and obligations of the parties during carriage and transportation🔗

1. The railway is obliged to carry out the carriage of passengers and the transportation of baggage and cargo-baggage in the presence of a public service contract, as well as to carry out the transportation of cargo and mail, if:

a) the passenger or consignor complies with the requirements of this Code, as well as the "Rules for the Carriage of Cargo by Railway" and the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Railway";

b) carriage and transportation is possible with the existing personnel and railway transport means, to be carried out in compliance with the requirements established by the legislation of Georgia;

c) carriage and transportation is not impeded by circumstances which the railway cannot avoid;

d) the cargo, baggage, cargo-baggage, mail presented for transportation is not included in the list of cargo, baggage, cargo-baggage, mail whose transportation is prohibited or permitted only under certain conditions, in accordance with the "Rules for the Carriage of Cargo by Railway" and the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Railway".

2. For the transportation of cargo, the customer has the right, before the commencement of transportation, to request information on the transport means, equipment and the conditions of their operation.

3. The railway is obliged to accept for transportation only such cargo as can be transported without hindrance.

4. The railway is not obliged to accept for transportation cargo for the loading, transloading and unloading of which devices are required, if the relevant railway station does not have them.

5. In order to use the railway's services, the customer has the right to conclude a contract with the railway on the provision of additional services (performance of works) related to transportation, with appropriate remuneration, if this does not contradict the requirements of this Code and other normative acts.

6. The railway has the right, together with the interested consignor and consignee, to establish special conditions for the transportation of cargo and, in the manner and within the limits established by the legislation of Georgia, to determine the liability of the parties for their non-observance.

7. The railway is obliged to provide the passenger and the consignor (consignee) with the necessary and accurate information on the provision of services (performance of works) in accordance with this Code and other normative acts of Georgia. The information shall be announced (published) in the Georgian language, and, if necessary, taking into account the interests of the local population and foreigners present in Georgia, may additionally be announced (published) in another language as well.

Law of Georgia of 23 June 2020 No. 6355 – website, 01.07.2020.

Article 8. Transport means and equipment for carriage and transportation by railway🔗

1. The carriage of passengers and the transportation of cargo, luggage, cargo-luggage and mail shall be carried out by transport means and equipment in the possession of the railway or other persons.

2. Transport means and equipment intended for the carriage of passengers and the transportation of cargo, luggage, cargo-luggage and mail on public railway tracks shall, regardless of their form of ownership, meet the requirements of the rules of technical operation of the railway, the established norms and standards, and newly built rolling stock shall have a certificate (certificate) confirming compliance with existing requirements.

Article 9. Railway station🔗

1. Railway stations shall receive, load, unload and deliver cargo, as well as provide services (work) related to the carriage of passengers and the transportation of luggage, cargo-luggage and mail.

2. The railway shall carry out the carriage of passengers and the transportation of cargo, luggage, cargo-luggage and mail between railway stations intended for the provision of the relevant service (performance of work).

3. In order to process carriage and transportation documents, as well as to ensure the collection of payment from the passenger and the consignor (consignee) for carriage and transportation and other services (performance of work), freight departments, freight and ticket offices and other relevant services shall be established at railway stations.

4. The decision on the opening and closing of railway stations shall be taken, and the list of services to be provided (work to be performed) by them shall be determined, by the railway.

Law of Georgia of 5 June 2007 No. 4853 - LHG I, No. 21, 18.06.2007, Art. 176

Law of Georgia of 15 July 2020 No. 6968 – website, 28.07.2020

Article 10. Fee for carriage and transportation by railway🔗

The establishment of tariffs and additional fees for the carriage of passengers and the transportation of cargo, luggage, cargo-luggage and mail by the railway shall be carried out taking into account the interests of the parties participating in transportation and carriage, recognised international practice and experience, and the basic principles of tariff policy in the field of transport, in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 1 July 2005 No. 1872 - LHG I, No. 41, 19.07.2005, Art. 295

Article 11. Grounds for the transportation of cargo by railway🔗

1. The transportation of cargo by the railway shall be carried out on the basis of a contract of carriage (waybill, etc.).

2. If certain conditions of the transportation of cargo are not provided for by the legislation of Georgia, they shall be determined by the contract.

Article 12. Consignment note🔗

1. On the basis of the consignment note, the railway undertakes the obligation, subject to compliance with the conditions of carriage, to deliver the cargo handed over to it by the consignor to the railway station of destination and to hand it over to the consignee, while the consignor is obliged to pay the established fee for the carriage of the cargo and for the provision of other services (performance of works).

2. The form and particulars of the consignment note, as well as the procedure for completing it, shall be determined by the Civil Code of Georgia and the "Rules for the Carriage of Cargo by Rail".

3. The consignment note shall be drawn up in the name of the consignee, with the signatures of the consignor and the railway, and shall be handed over to the consignee at the railway station of destination together with the cargo.

4. The date marked on the consignment note by the calendar stamp of the railway station shall be considered the day of acceptance of the cargo for carriage.

5. In order to confirm the acceptance of the cargo for carriage, the railway station shall be obliged to hand over to the consignor one copy of the consignment note and a receipt for the acceptance of the cargo for carriage.

6. When presenting the cargo for carriage, the consignor must present, for each consignment of cargo, a duly completed consignment note and other documents provided for by the relevant normative act.

7. The consignor shall be liable for the accuracy of the data entered in the consignment note by him or at his request, for the damage arising from the entry of incorrect or incomplete data in the consignment note, as well as for dispatching cargo prohibited for carriage.

8. The railway has the right to verify, on a selective basis, the accuracy of the mass and other data of the cargo indicated in the consignment note by the consignor.

Article 13. General agreements (contracts) on the organisation by the railway of the carriage of cargo and the transportation of passengers🔗

1. The railway and the consignor have the right, where necessary, to conclude a long-term general agreement (contract) on the organisation of the carriage of cargo, which shall determine the volume of cargo to be carried, the time limit for presentation, the means of transport to be allocated and other conditions not provided for by this Code and the "Rules for the Carriage of Cargo by Rail".

2. On the basis of the general agreement (contract) referred to in the first paragraph of this Article, the railway undertakes the obligation to accept cargo for carriage in the agreed amount, while the consignor is obliged to present the cargo for carriage within the agreed time limit.

3. The railway has the right to conclude with the relevant person a long-term general agreement (contract) on the organisation of the transportation of passengers, which shall determine the requirements relating to the transportation of passengers, the amount of the transportation fee and other conditions.

Article 13¹. Dangerous cargo🔗

1. The rule for the carriage of dangerous cargo by railway shall be approved by a normative act of the Government of Georgia.

2. The railway is entitled to carry dangerous cargo on the territory of Georgia in accordance with the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID) — Annex C to the 1980 Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 — and/or the Agreement on International Rail Freight Traffic (SMGS) of the Organisation for the Cooperation of Railways of 1 November 1951.

Law of Georgia of 31 May 2023 No. 2998 – website, 13 June 2023.

Article 13². Supervision and monitoring of the carriage of dangerous cargo by railway🔗

1. The Agency shall exercise supervision and monitoring of compliance with the rule for the carriage of dangerous cargo by railway approved by a normative act of the Government of Georgia, by visiting the site at any time or otherwise.

2. The rule for exercising supervision and monitoring of compliance with the rule for the carriage of dangerous cargo by railway provided for by paragraph 1 of this Article shall be approved by a normative act of the Director of the Agency.

3. Information on the carriage by railway of Class I dangerous cargo and Class VII dangerous cargo, according to the international classification of dangerous goods established by the United Nations, shall be communicated in advance, in writing, in accordance with the rule for the carriage of dangerous cargo by railway, to the state sub-agency institution within the sphere of governance of the Ministry of Internal Affairs of Georgia — the Emergency Situations Management Service.

Law of Georgia of 29 April 2025 No. 508 – website, 1 May 2025.

Article 13³. Dangerous Goods Transportation Specialist🔗

1. A legal entity whose activity includes the rail transportation of dangerous goods and/or the packaging, loading, unloading and/or sorting of dangerous goods shall have one or more dangerous goods transportation specialists, except for exceptional cases established by the rules for the rail transportation of dangerous goods.

2. A dangerous goods transportation specialist shall hold a dangerous goods transportation specialist certificate. This certificate shall be issued by the Agency.

3. A dangerous goods transportation specialist certificate shall be issued on the basis of the results of an examination passed at the Agency after the person has completed the relevant training course.

4. A dangerous goods transportation specialist certificate shall be issued for a term of 5 years. This term may be extended once, for 5 years, if the dangerous goods transportation specialist retakes the relevant examination within 1 year before the expiry of the said term.

5. The rules and conditions for the training of dangerous goods transportation specialists, the conduct of the relevant examination, the issuance, renewal, restoration, suspension of validity and revocation of a dangerous goods transportation specialist certificate, as well as the form of the dangerous goods transportation specialist certificate, shall be approved by a normative act of the Director of the Agency.

6. The rules and conditions for the recognition, suspension and revocation of the status of a person carrying out the training of dangerous goods transportation specialists, which also include the requirements that the relevant training course must meet, shall be approved by a normative act of the Director of the Agency.

7. The Agency shall be entitled to inspect a person holding the status of a person carrying out the training of dangerous goods transportation specialists recognized by it. The procedure for conducting this inspection shall be approved by a normative act of the Director of the Agency.

Law of Georgia of 29 April 2025 No. 508 – website, 1 May 2025.

Article 14. Loading, unloading and sorting of cargo🔗

1. Loading, unloading and sorting of cargo to be transported may be carried out both in places of common and non-common use.

2. In order to ensure the uninterrupted handling of a wagon (container) and the safety of cargo and rolling stock, places of common and non-common use shall be equipped by their owners with appropriate structures and devices meeting environmental protection and fire safety requirements.

3. Loading, unloading and sorting of cargo in a wagon and in trucks shall be carried out by:

a) the railway – at the request of the consignor (consignee), in places of common use, where appropriate mechanisms and devices are available, except: dangerous or perishable cargo; raw animal products; cargo to be transported in a closed wagon, the weight of the loading place of which exceeds 0.5 tonnes; oversized, liquid, loose or bulk cargo transported by special rolling stock. In the said cases, the consignor (consignee) shall pay the railway the agreed fee for loading, unloading and sorting of the cargo;

b) the consignor (consignee) – in places of common and non-common use, if the obligation to load, unload and sort the cargo has not been imposed on the railway.

4. Loading, unloading and sorting of cargo in a container shall be carried out by the consignor (consignee). The railway has the right, at the request of the consignor (consignee), to itself ensure the loading, unloading and sorting of the cargo, if it has the appropriate mechanisms and tools.

5. In the presence of force majeure (fire, snow, avalanche, flood, military operations, epidemic and a.y.), as well as other circumstances hindering transportation, the railway has the right to restrict or terminate the loading of cargo, of which it shall immediately notify in writing the relevant body of the executive authority and the railway station of destination, indicating the period of validity of the restriction or termination of loading.

6. The consignor shall, immediately upon the relevant written request of the head of the railway station, terminate the presentation of cargo for transportation or restrict loading in prohibited directions.

7. Replenishment of underloaded cargo arising from the restriction or termination of cargo loading shall be carried out in accordance with the "Rules for the Carriage of Cargo by Rail".

8. Loading of cargo in a wagon (container) shall be carried out in accordance with the technical norms of loading, but its mass shall not exceed the permissible carrying capacity of the wagon (container).

9. Placement and securing of cargo in a wagon (including in open rolling stock) and in a container shall be carried out in compliance with technical requirements. The list of cargo whose transportation is permitted by open rolling stock, as well as of loose and bulk cargo, shall be determined by the "Rules for the Carriage of Cargo by Rail".

10. The installation (during loading) and removal (during unloading) of materials, packaging means and other devices necessary for loading, securing and transporting cargo shall be ensured by the consignor (consignee) or the railway, depending on who performs the loading and unloading of the cargo. The supply of these devices shall be ensured by the consignor, as indicated in the consignment note. The devices shall be transferred to the consignee together with the cargo at the railway station of destination.

11. The consignor shall be liable for damage arising from incorrect loading-unloading or sorting of cargo by him.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 15. Weight of cargo🔗

1. When presenting cargo for carriage, the consignor shall indicate its weight in the consignment note, which shall be determined by weighing, stencil, standard, calculation, measurement or conditionally. It is prohibited to determine the weight of cargo by calculation or measurement if its loading to the full capacity of the wagon (container) may result in exceeding the permissible carrying capacity of the wagon (container).

2. The weight of cargo during loading shall be determined by:

a) the railway – at places of common use, if it loads the cargo at the request of the consignor;

b) the consignor – at places of common and non-common use.

3. As a rule, the consignor shall determine the weight of cargo by stencil, standard, calculation, measurement or conditionally. The railway shall weigh the cargo at the request of the consignor and shall charge the corresponding fee.

4. The conditions for determining the weight and quantity of cargo and for indicating these data in the consignment note shall be determined by the “Rules for the Carriage of Cargo by Rail”.

5. For weighing cargo, the railway, at places of common use, and the consignor (consignee), at places of common and non-common use, including at sea ports, shall have the necessary number of weighing devices.

6. Weighing devices shall be subject to state inspection and verification in accordance with the established procedure. On the basis of a contract, the railway shall have the right to provide technical servicing (departmental control, repair, control inspection) of weighing devices in the possession of the consignor (consignee) and other persons.

7. Upon detection by a railway station located on the route of cargo movement of excess load in a wagon (container), the excess cargo shall be unloaded. The railway shall be obliged to immediately request from the consignor (consignee) instructions regarding the disposal of the excess cargo. The consignor (consignee) shall be obliged to pay the railway the corresponding fee for the carriage, unloading and storage of the excess cargo.

Article 16. Planning of the Carriage of Goods🔗

1. The railway shall draw up annual and quarterly indicative plans for the carriage of goods, which shall be drawn up according to the applications of consignors. The form of the application for the carriage of goods, and the rules for its completion, submission, fulfillment and recording shall be determined by the “Rules for the Carriage of Goods by Rail”.

2. The consignor shall be obliged to submit the application to the railway: in the case of local carriage – not later than 10 days before the loading of the goods, and in the case of international or direct mixed carriage – not later than 15 days before the beginning of the calendar month. Within the same time limits, an application shall be submitted for the carriage of an additional quantity of goods and of goods not provided for by the plan.

3. The railway shall carry out the carriage of goods intended for the elimination of the consequences of emergency situations immediately upon receipt of such goods.

4. The application shall be submitted to the railway in 3 copies. The application shall indicate: in the case of international carriage – the volume of the carriage of goods, the type of goods, the destination railway (country) and the date of loading, and in the case of local carriage – the type of goods, the destination railway station and the date of loading. One copy of the application, with an indication of the date of its receipt, shall be sent to the consignor, the second – to the railway station of dispatch of the goods, and the third shall remain with the railway.

5. The railway shall be obliged to take a decision on the satisfaction of the application or on a reasoned refusal to satisfy it and to notify the consignor thereof within 10 days from receipt of the application, in accordance with the “Rules for the Carriage of Goods by Rail”.

6. If the consignor makes an amendment to the application that provides for the redistribution of the carriage of goods by changing the destination railways and railway stations, he shall additionally pay 5 percent of the carriage fee by the changed wagons (containers) – upon fulfillment of the general application, and 10 percent – upon non-fulfillment of the general application.

7. The head of the railway station shall be obliged, together with the consignor, not later than 3 days before the commencement of fulfillment of the application, to enter into the accounting card the data necessary for its fulfillment, which shall be signed by the head of the railway station and the consignor after the end of each reporting day. The form and details of the accounting card shall be determined by the “Rules for the Carriage of Goods by Rail”.

8. At the request of the consignor, the railway has the right:

a) after payment of the established fee, to permit intra-station carriage of goods (within one railway station). Such carriage shall be noted in the application and shall be taken into account in the fulfilled volume of the carriage of goods;

b) to replace the closed means of transport provided for by the application with an open one, if the carriage of goods by an open means of transport is permitted by the “Rules for the Carriage of Goods by Rail”, as well as to replace open rolling stock of one type with another;

c) to replace the destination railway (country) and railway station provided for by the application.

Article 17. Rule for the Carriage of Cargo🔗

1. Carriage of cargo shall be carried out by route carriage, by a group of wagons, by wagon, by container and small consignments, in accordance with the “Rules for the Carriage of Cargo by Rail”.

2. Carriage of cargo shall be carried out at freight or high speed as determined by the “Rules for the Carriage of Cargo by Rail”.

3. The procedure for determining the speed of carriage of cargo and the railway directions on which cargo is carried at high speed shall be established by the railway.

4. The consignor shall choose the speed of carriage of cargo and indicate it in the consignment note. If the carriage of cargo requires high speed, the consignor shall be obliged to indicate this in the consignment note.

5. The railway shall have the right, during local carriage, to establish sections for the carriage of cargo at high speed.

6. Carriage of cargo on narrow-gauge and other gauge railway tracks shall be carried out in accordance with the “Rules for the Carriage of Cargo by Rail”.

Article 18. Cargo (Baggage, Cargo-Baggage) with Declared Value🔗

1. The consignor shall have the right to present for carriage cargo (baggage, cargo-baggage) with declared value. The consignor shall be obliged to declare the value of precious metals (stones) and articles made thereof, works of art, artistic articles, antiques (including carpets), devices and instruments, video and audio equipment, electronic computing and reproducing equipment, as well as household items (the carriage of which is carried out without an escort) presented for carriage.

2. For declaring the value of cargo (baggage, cargo-baggage), the consignor shall pay the fee determined by the “Rules for the Carriage of Cargo by Rail”.

3. In addition to the cargo (baggage, cargo-baggage) provided for by paragraph 1 of this Article, any other cargo (baggage, cargo-baggage) may also be the subject of declared value. In this case, payment of the corresponding fee shall be made on the basis of a contract.

Article 19. Preparation of cargo for carriage🔗

1. The consignor shall, before presenting the cargo for carriage, prepare it for transportation, so as to ensure traffic safety of vehicles and fire safety, the safety of cargo, wagons and containers, and the optimal use of their carrying capacity and capacity. The tare, packaging and quality of the cargo shall comply with the requirements of state standards and technical conditions.

2. The quality, tare and packaging of perishable cargo presented for carriage shall comply with the “Rules for the Carriage of Cargo by Rail” and ensure its safety within the transportation period specified by the consignor in the quality certificate (certificate).

3. The railway, the consignor (consignee) and the freight forwarder that send and receive dangerous cargo shall ensure the safety of its carriage. The consignor (consignee) and the freight forwarder shall have means for eliminating an emergency situation and the consequences of an accident arising during the carriage of cargo, have mobile units and shall ensure their immediate dispatch to the scene of the incident. This requirement also applies to the carriage of safe cargo.

4. The consignor (consignee) and the freight forwarder, if they have paid the value of the cargo, shall compensate the damage caused as a result of an emergency situation, environmental pollution and disruption of train movement caused by their fault, and the expenses related to the elimination of the consequences of the accident.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 20. Allocation of Vehicles and Presentation for the Carriage of Cargo🔗

1. The railway shall be obliged, on the basis of an application for the carriage of cargo, a contract for the carriage of cargo, or a one-time permit for the allocation of a wagon (container), within the established time limit, to allocate for loading a wagon (container) suitable for the carriage of cargo, cleaned of cargo residues and refuse and, if necessary, washed and disinfected.

2. The delivery of an uncleaned vehicle for loading shall be permitted with the consent of the consignor. In such a case, the consignor shall clean the vehicle if the railway reimburses it for the expenses incurred. By agreement of the parties, the consignor shall be allocated sufficient time to clean the wagon (container).

3. The railway station shall be obliged to notify the consignor of the time of allocation of the required wagon (container) for loading not later than 2 hours before the allocation.

4. For pouring liquid cargo, the railway-owned tank wagon and bunker wagon shall be prepared by the railway or the consignor at the railway's expense, in accordance with the contract concluded between them.

5. The preparation for pouring liquid cargo of the specialized tank that does not constitute the property of the railway or has been transferred by it for use by other persons shall be ensured by the consignor.

6. Before pouring cargo into the tank, the inspection of the tank's tightness, its fittings and the technical serviceability of the universal unloading devices shall be carried out in accordance with the "Rules for the Carriage of Cargo by Rail".

7. From a commercial point of view, the suitability of the wagon for the carriage of cargo (the presence in the wagon (container) of a specific odour and other similar factors that affect the condition of the cargo during loading and en route, as well as the peculiarities of the internal structures of the wagon (container) bodies and the condition of the cargo compartments) shall be determined by the wagon loader, and that of the container – by the consignor.

8. The consignor shall have the right to refuse an unsuitable vehicle delivered for the carriage of cargo, and the railway shall be obliged to replace it with a suitable wagon (container).

9. When allocating a wagon (container) for loading cargo on a railway access track, the railway shall determine its technical suitability for loading the cargo to be dispatched.

Article 21. Sealing of a loaded wagon and container🔗

1. A loaded wagon and container shall be sealed with a railway locking-and-sealing device or a seal, if the cargo is loaded by the railway, or with the sender's (port's) control-and-locking device or a seal, if the cargo is loaded by the sender (port).

2. Closed wagons and containers intended for the carriage of cargo of personal (household) designation of natural persons shall be sealed, at the discretion of the consignor and at his expense, by the railway or the freight forwarder.

3. The list of cargo whose carriage is permitted in an unsealed wagon and container, as well as the conditions for affixing a locking-and-sealing device on a wagon and container, shall be determined by the "Rules for the Carriage of Cargo by Railway".

4. When opening a wagon and container for the purpose of inspection related to the movement of goods across the customs border, the affixing of new seals and locking-and-sealing devices in accordance with the established procedure shall be ensured by the Legal Entity of Public Law within the governance sphere of the Ministry of Finance of Georgia – the Revenue Service (hereinafter – the Revenue Service).

5. The railway shall provide the consignor (consignee) with locking-and-sealing devices and the means for removing them, for which the consignor (consignee) shall pay the appropriate fee.

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 27 March 2012 No. 5947 – website, 12.04.2012

Article 22. Settlement Procedure🔗

1. The fee for the carriage of cargo shall be determined taking into account the distance of the shortest route to the destination railway station, also in the case where this distance has been increased by the railway. The distance of the shortest route shall be determined by the “Rules for the Carriage of Cargo by Railway”.

2. The consignor shall pay the fee for the carriage of cargo and the provision of other related services (performance of works) in advance, before dispatching the cargo from the railway station, unless otherwise provided by this Code or the contract. The railway shall be entitled to suspend the dispatch of cargo until payment of the fee.

3. The allocation of a wagon (container) for subsequent loading shall be suspended until payment of the fee for the carriage of cargo and the provision of other related services (performance of works).

4. In the case of local carriage, the railway shall be entitled, by agreement with the consignor (consignee), to decide on payment of the fee for the carriage of cargo and the provision of other related services (performance of works) at the destination railway station, if there is a guarantee of its payment. In such an agreement, the liability of the parties for breach of assumed obligations must be provided for.

5. The consignee shall make the final settlement of the fee for the carriage of cargo and the provision of other related services (performance of works) after delivery of the cargo to the destination railway station.

6. The fee for the carriage of cargo and the provision of other related services (performance of works) shall be paid in accordance with the procedure established by the legislation of Georgia. The deadline for payment of the fee for the carriage of cargo and the provision of other related services (performance of works) at the departure railway station shall be the day of acceptance of the cargo for carriage, and at the destination railway station – the day of transfer of the cargo to the consignee, which shall be noted in the waybill.

7. Before payment of the fee for the carriage of cargo and the provision of other related services (performance of works), liability for delay of the wagon (container) and storage of the cargo in the wagon (container), as well as the obligation to pay the fee for use of the wagon (container) for the entire time of its delay, shall be borne by the cargo owner or the freight forwarder in accordance with the contract.

Article 23. Determination of the fee for the use of a wagon (container)🔗

1. From the moment the railway allocates a wagon (container) to the consignor (consignee) or to the freight forwarder for unloading or loading until the moment of its return, the consignor (consignee) or the freight forwarder shall be obliged to pay the fee for the use of the wagon (container) and to reimburse the railway for the cargo storage expenses incurred due to the late return of the wagon (container).

2. In case of delay in accepting a wagon (container) owned by the consignor (consignee) or taken by him from the railway with the right of use, for the time this wagon (container) is on the public railway track, half of the fee for the use of the wagon (container) shall be paid.

3. The fee for the use of a refrigerated section, a refrigerated wagon or a refrigerated train shall be determined taking into account the time of loading (unloading) of such section or of the last wagon of the train.

4. On a narrow-gauge railway track, the fee for the use of a wagon (container) shall be reduced by 50%.

Article 24. Change of the place (address) of cargo delivery🔗

1. On the basis of a written application of the consignor (consignee), the railway shall change the place (address) of cargo delivery – the consignee or the railway station of destination of the cargo accepted for carriage. The place of delivery shall be changed after payment of the established fee, in accordance with the "Rules for the Carriage of Cargo by Rail".

2. The person on whose application the place of cargo delivery was changed shall be liable to the original consignee for the consequences caused by this change and shall be obliged to arrange settlement between the consignor, the original consignee and the actual consignee.

3. The place of delivery of cargo subject to customs control shall be changed only with the consent of the relevant customs authority. If the carriage of such cargo endangers human life and health, the ecological situation, train traffic and fire safety, the place of delivery of the said cargo shall be changed without obtaining the consent of the customs authority, of which the railway shall notify this authority.

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 27 March 2012 No. 5947 – website, 12.04.2012

Law of Georgia of 28 June 2019 No. 4926 - website, 04.07.2019

Article 25. Time limit for delivery of cargo to destination🔗

1. The railway shall deliver the cargo to the destination within the established time limit. The time limit for delivery of the cargo to the destination and the rules for its calculation shall be determined by the “Rules for the Carriage of Cargo by Rail” and by the international treaties (agreements) of Georgia in the field of railway traffic.

2. A contract of carriage concluded between the railway and the consignor (consignee) may establish a time limit different from the time limit established by paragraph 1 of this Article, if this does not contradict the “Rules for the Carriage of Cargo by Rail” and the international treaties (agreements) of Georgia in the field of railway traffic.

3. The calculation of the time limit for delivery of the cargo to the destination shall begin from 24:00 of the day of acceptance of the cargo for carriage. The railway station of departure shall mark the day of acceptance of the cargo for carriage and the day of expiry of the time limit for delivery to the destination on the consignment note and in the documents confirming acceptance of the cargo issued to the consignor.

4. The cargo shall be considered delivered to the destination within the established time limit if:

a) the cargo has been unloaded by the railway at the destination railway station, or a loaded wagon (container) has been made available to the consignee for unloading at the destination railway station before the expiry of the established time limit;

b) a loaded wagon (container) has arrived at the destination railway station before the expiry of the established time limit, and its delivery to the unloading place is delayed due to the consignee's non-payment of the fee for occupation of the unloading place, carriage of the cargo and provision of other related services (performance of work);

c) delivery of the cargo (wagon, container) at the destination railway station is delayed due to reasons of the consignee (its railway access track is occupied, there is no free space at the terminal, etc.) or due to the occupancy of the track of the destination railway station, when the railway is forced to stop the cargo at an intermediate railway station. In case of delay in delivery of the cargo to the destination, a general form act shall be drawn up, on the basis of which the consignee or the freight forwarder, in accordance with the contract of carriage, shall be obliged to pay the railway a fee in the manner established by Article 50 of this Code.

5. The railway shall notify the consignee of the delivery of the cargo to the destination railway station. If the railway cannot notify the consignee of the delivery of the cargo due to reasons of the latter, liability for the delay of the wagon (container) and the storage of the cargo shall be borne by the consignee.

6. The railway shall notify the Revenue Service, through the consignee (consignor), of the delivery to the railway station or dispatch from the railway station of cargo subject to customs control.

7. The railway shall notify the consignee of the time of making the wagon (container) available for unloading not later than 2 hours before making it available.

8. The railway has the right, on the basis of the contract of carriage, to notify the consignee in advance of the cargo to be delivered to it.

Law of Georgia of 12 November 2010 No 3806 - LHG I, No 66, 03.12.2010, Art. 414

Law of Georgia of 27 March 2012 No 5947 – website, 12.04.2012

Article 26. Delivery of Cargo🔗

1. At the railway station of destination, cargo shall be delivered to the consignee indicated in the carriage documents after full payment of the fee for carriage of the cargo and provision of other related services (performance of works). The consignee shall confirm acceptance of the cargo by signature in the road waybill after presenting a duly executed power of attorney.

2. If the consignee or freight forwarder does not pay the fee for carriage of the cargo and provision of other related services (performance of works), the railway has the right to detain the cargo and notify the consignor in writing thereof, who shall be obliged to dispose of the cargo within 4 days from receipt of the notification. If within the said period, in accordance with the contract of carriage, the consignee or freight forwarder does not pay the debt, and the consignor does not dispose of the cargo, the railway is entitled to effect the sale of the detained cargo. The following shall not be subject to sale:

a) special cargo for state and defence purposes (including cargo for military purposes);

b) cargo in respect of which payment of the fee for carriage and provision of other related services (performance of works) is made at the railway station of destination in accordance with Article 22 of this Code;

c) cargo seized by the customs authority and other bodies authorized to exercise state control, and cargo in respect of which the consignee (consignor) or freight forwarder has refused acceptance in favour of the state. In such case, the said bodies shall ensure payment to the railway of the fee for carriage of the cargo and provision of other related services (performance of works) from the funds received as a result of the sale of the cargo.

3. If cargo is delivered to the consignee whose name does not correspond to the designation indicated in the consignment note, the consignee shall be obliged to accept it from the railway station and ensure its storage until the matter is resolved with the consignor. If the consignee refuses to accept the cargo, the consignor is entitled to dispose of the cargo itself without presenting the first copy of the consignment note. If the consignee does not accept the cargo, and the consignor does not dispose of it, the railway has the right to immediately unload the cargo and store it at the expense of the authorized person. The railway may sell the cargo without waiting to receive instructions from the authorized person if it is perishable, if the condition of the cargo justifies such a decision, or if the storage costs exceed the value of the cargo. The railway may also sell the cargo in other cases if, within a specified time, it does not receive instructions from either party.

4. The consignee has the right to refuse acceptance of the cargo only if, as a result of damage or spoilage, the quality of the cargo has deteriorated to such an extent that its full or partial use for its intended purpose is impossible.

5. If the cargo has been damaged due to the failure of the consignee or the freight forwarder to unload the wagon (container) in a timely manner or to remove the cargo from the railway station in a timely manner, or as a result of the detention of the wagon on the railway access track or at the railway station for reasons attributable to the consignee, property liability shall be borne accordingly by the consignee or the freight forwarder.

6. When receiving cargo at places of common use, the consignee shall be obliged to accept the cargo belonging to it and to remove it from the railway station.

7. In the event of delayed unloading of the cargo from the wagon (container) or delayed removal of the cargo from the railway station by the consignee and the occurrence of technical difficulties at the railway station for these reasons, the consignee shall be obliged to pay to the railway the fee for the storage of the unloaded cargo and for the use of the wagon (container) in the amount established by the "Railway Tariff Policy".

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 28 June 2019 No. 4926 - website, 04.07.2019

Article 27. Rules for the storage and issuance of cargo at the railway station of destination🔗

1. The storage and issuance of cargo at the railway station of destination shall be carried out in accordance with the "Rules for the Carriage of Cargo by Rail".

2. At the railway station of destination, cargo shall be stored free of charge for 24 hours. This period shall be counted from 24:00 of the day of the unloading of the wagon (container) by the railway with its own means, or from 24:00 of the day of the delivery of the wagon (container) to the place of unloading by the consignee's means. For the storage of cargo at the railway station for a period exceeding the above, a corresponding fee is established, which shall be paid to the railway by the consignee or the freight forwarder or another person entitled to remove the cargo.

3. When issuing cargo at the railway station of destination, the railway shall check its condition, mass and the number of packages, if:

a) the cargo has been delivered in a faulty wagon (container), with damaged locking and sealing devices, or in a wagon (container) bearing the locking and sealing devices of another railway station;

b) the cargo, when carried by open rolling stock, has been delivered with signs of damage, spoilage or shortage;

c) perishable cargo has been delivered to the place of destination in violation of the delivery period or of the temperature established for carriage by a refrigerator wagon;

d) the cargo has been loaded by the railway;

e) the cargo has been unloaded by the railway at places of common use;

f) conditions have arisen which may affect the condition and mass of cargo placed in packaging or of piece cargo.

4. In addition to the cases referred to in paragraph 3 of this Article, when issuing cargo at the railway station of destination, the railway shall check only the condition and mass of cargo placed in damaged packaging (packing).

5. Upon detection of seals of the Revenue Service on a wagon (container), the railway shall not check the condition, mass and number of packages of the cargo, except for the cases provided for by paragraph 3 of this Article, of which the railway shall notify the Revenue Service.

6. When issuing cargo at the railway station of destination, the checking of its mass shall be carried out in the same manner as the checking of mass at the time of loading. If the consignee and the railway station of destination do not have wagon scales, loose and bulk cargo delivered to the railway station of destination without signs of shortage shall be issued without checking the mass.

7. The mass of cargo shall be considered correct if the difference between the mass determined at the railway station of destination and the mass determined at the railway station of dispatch does not exceed the maximum norms of the natural loss of cargo mass and of the differences of the instruments determining net mass, which are established by the "Rules for the Carriage of Cargo by Rail".

8. Under the contract of carriage, the railway shall be entitled to participate in the checking of the condition, mass and number of packages of the cargo.

9. If, upon checking the condition, mass and number of freight places of the cargo at the railway station of destination, a shortage or damage (spoilage) of the cargo is revealed, or this is established by a commercial act of an intermediate railway station, the railway station of destination shall be obliged to determine the actual amount of the damage, spoilage or shortage of the cargo and issue a commercial act.

10. As necessary, the railway, on its own initiative or at the request of the consignee, engages experts and specialists.

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Article 28. Obligations of the railway and the consignee after unloading of the cargo🔗

1. After unloading of the cargo, the wagon (container) shall be cleaned inside and outside, removable fastening devices shall be removed, non-removable fastening devices, including turnbuckles, shall be put in order, and the doors and hatches shall be closed. The performance of these obligations shall be ensured by:

a) the railway, if the cargo was unloaded by railway means;

b) the consignee or the freight forwarder, if the cargo was unloaded by its means.

2. The cleaning and washing of the wagon (container) and, after the unloading of animals, birds, raw animal products and perishable cargo, its disinfection shall be carried out by the railway at the expense of the consignee, in accordance with the "Rules for the Carriage of Cargo by Rail".

3. After the unloading of cargo with a specific smell and soiling cargo as defined by the "Rules for the Carriage of Cargo by Rail", the wagon (container) shall be washed by the consignee. If the consignee does not have the possibility to wash the wagon (container), it shall be washed by the railway on the basis of a contract.

4. Before the fulfilment of the requirements provided for by paragraphs 2 and 3 of this Article, the railway shall be entitled not to accept the wagon (container) from the consignee. In this case, the consignee shall be obliged to pay the fee for the use of the wagon (container) for the entire time of its delay.

Article 29. Impossibility of delivery of cargo (luggage, cargo-luggage) to the place of destination🔗

1. If, as a result of force majeure and other emergency circumstances, the further transportation of the cargo (luggage, cargo-luggage), its delivery to the place of destination and its transfer to the consignee is hindered, the railway shall be obliged to apply to the consignee (consignor) with a request for the disposal of the cargo (luggage, cargo-luggage). If the consignee (consignor) does not dispose of the cargo (luggage, cargo-luggage) within 4 days from the railway's application, the railway shall have the right to return it to the consignor, and in the event of the impossibility of returning the cargo (luggage, cargo-luggage), to sell it in accordance with the procedure established by the legislation of Georgia.

2. If the customs authority/other bodies authorized to exercise state control, during international transportation, detained a wagon (container) loaded with cargo (luggage, cargo-luggage) due to a violation of the requirements established by the consignor at the time of transfer to maritime transport or to a foreign country's railway, the consignor shall pay the railway a fee for the use of the wagon (container) for the entire time of its delay.

3. If the consignee does not dispose of ordinary cargo within 10 days, and of perishable cargo within 4 days from receipt of the notification from the railway about the detention of the wagon (container), the railway shall have the right to return it to the consignor at his expense or to sell the cargo, unless otherwise provided by the contract of carriage. The consignor, through whose fault the delay of the wagon (container) at the railway station was caused, shall bear the property liability provided for by this Code and shall pay the fee for the use of the wagon (container) for the entire time of its delay.

4. From the amount received as a result of the sale of the cargo (luggage, cargo-luggage), the railway shall retain the fee for the transportation of the cargo (luggage, cargo-luggage) and for the provision of other related services (performance of work) and the corresponding amount to reimburse the expenses incurred during its sale, and the remaining amount shall be returned to the consignee indicated in the transportation documents, if he has paid the value of the cargo (luggage, cargo-luggage), and in other cases – to the consignor. If, for reasons independent of the railway, the return of the amount is impossible, it shall be subject to disposal in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 28 June 2019 No. 4926 - website, 04.07.2019

Article 30. Railway Access Track🔗

1. A railway access track is a track intended for the servicing of individual persons, which is connected to the railway network by a continuous rail track and is in the possession of the railway, the consignor (consignee) or another person.

2. The connection of a railway access track to the railway network shall be carried out with the permission of the railway.

3. The construction and reconstruction of equipment intended for the loading, unloading and cleaning of a railway access track and a wagon (container) shall be carried out in agreement with the railway.

4. The design and condition of the track devices and technical structures of a railway access track shall comply with construction requirements and ensure the passage of a wagon (container) on a public railway track in accordance with the established norms of technical load, and, when this track is serviced by a railway locomotive, the passage of the locomotive allocated by the railway.

5. A railway access track may be transferred to the railway for technical servicing on the basis of a corresponding contract.

6. The transfer of a newly constructed railway access track for operation and the supply of railway rolling stock to this track shall be permissible if it is accepted for operation by a commission composed of representatives of the railway and the owner of the track.

7. Each railway access track shall have a technical passport, a drawing of artificial structures, a plan and a longitudinal profile.

8. A railway access track, its technical structures and equipment shall ensure the rhythmic loading and unloading of cargo, the performance of shunting operations in accordance with the volume of transportation, and the rational use and safety of rolling stock.

9. For the connection of a railway access track under construction to an existing railway access track, the following shall be required:

a) the permission of the railway, if the railway access track belongs to the railway;

b) the permission of the person who owns the railway access track, with the prior agreement of the railway.

Law of Georgia of 5 June 2007 No. 4853 - LHG I, No. 21, 18.06.2007, Art. 176

Law of Georgia of 15 July 2020 No. 6968 – website, 28.07.2020

Article 31. Operation of a railway access track🔗

1. The relationship between the railway and the owner of a railway access track shall be carried out in accordance with the "Rules for the Carriage of Goods by Rail".

2. The procedure for the exit onto a railway track of common use of rolling stock that does not belong to the railway shall be established by the railway.

3. A person whose activity is connected with the movement of trains on a railway track of common use, with shunting operations, with the loading, securing and unloading of goods, must have a document issued by the railway confirming that his qualification complies with the established requirements.

4. A representative of the railway shall have the right, with the participation of the owner of the railway access track, to check traffic safety, the safety of rolling stock and containers, and the condition of the railway access track.

5. Upon detection of a defect on a railway access track that poses a threat to traffic, to the safety of rolling stock, goods to be carried and wagons (containers), the representative of the railway shall be obliged to draw up a corresponding act. On the basis of this act, the head of the railway station or the traffic safety inspector shall prohibit, until the defect is eliminated, the delivery of rolling stock onto the track (section of track) indicated in the act. In such a case, property liability for the delay in the delivery or removal of a wagon (container), as well as for the non-fulfilment of an accepted application for the storage, protection and carriage of goods, shall be borne by the owner of the railway access track (its section).

6. If the consignor (consignee) is the owner of shunting facilities, on his own railway access track he shall carry out the delivery and removal of wagons (containers) and shunting operations with his own shunting facilities from the receiving-and-handing-over track; and if the consignor (consignee) does not own shunting facilities, he shall ensure the delivery and removal of wagons (containers) and the performance of shunting operations with the railway's shunting facilities, for which he shall pay the fee established by the carriage contract.

7. On a railway access track belonging to the railway, the relationship between the railway and persons having trackside warehouses and freight platforms shall be regulated by a contract for the delivery and removal of wagons (containers), the standard form and details of which shall be determined by the "Rules for the Carriage of Goods by Rail". The delivery and removal of wagons (containers) and shunting operations shall be carried out by means of the railway's locomotive, at the fee established by the carriage contract.

8. A person shall carry out, at his own expense, the cleaning of a railway access track located on his territory from rubbish and snow, and its lighting.

9. Contracts for the operation of a railway access track and for the delivery and removal of wagons (containers) shall be concluded taking into account the technical process of operation of the railway station and the railway access track connected thereto, or the unified technical process. These contracts shall establish the procedure for the delivery and removal of wagons (containers).

10. The procedure for servicing a consignor (consignee) that, within the railway access track, has one or several consignors (consignees) – counterparties and has its own warehouses or railway tracks connected thereto, shall be determined directly by a contract concluded between the counterparty and the consignor (consignee) that owns the railway access track and the shunting facilities servicing that track. The service fee determined by this contract shall not exceed the fee established by the railway for analogous services.

11. When the railway services a railway access track with its own shunting facilities, a contract for the delivery and removal of wagons (containers) shall be concluded between the railway and the counterparty. For the delivery and removal of a wagon (container) and the performance of shunting operations, the counterparty shall pay the established fee.

12. The owner of a railway access track, the consignor (consignee) and the counterparty shall bear pecuniary liability for damage to rolling stock on the railway access track and for failure to comply with safety rules. During the carriage of cargo, the owner of the railway access track and the counterparty shall enjoy equal rights and shall bear equal liability.

13. If the consignor (consignee) is the owner of the railway access track, the railway shall, with its consent, have the right to use the railway access track belonging to it in accordance with a contract for the performance of shunting operations and the temporary placement of wagons (containers).

14. The area of land occupied by persons on a railway access track located in the right-of-way and the cost of maintaining this track shall be determined by contracts for the operation of the railway access track and the delivery and removal of wagons (containers), and shall be reimbursed to the railway in accordance with the terms of these contracts.

15. The protection of a loaded and unloaded wagon (container) received from the railway on the railway access track shall be carried out by the receiving party's means and at its expense.

16. The time a wagon (container) remains on the railway access track shall be calculated in accordance with the “Rules for the Carriage of Cargo by Rail”.

17. When servicing a railway access track with the railway's shunting facilities, the time for loading and unloading a wagon (container) shall be calculated from the moment of its actual delivery to the place of loading and unloading of the wagon (container) until the moment the railway station receives notification from the consignor (consignee) of readiness to remove the wagon (container).

18. The time of presence of a railcar (container) on a railway access track which is not serviced by railway shunting facilities shall be calculated from the moment of handover of this railcar (container) onto that track until the moment of its return to the track on which its acceptance and handover between the parties is carried out.

19. The conditions for the handover of a railcar (container) onto a railway access track and from that track, the place and procedure for the delivery of cargo shall be determined by the contract for the supply and removal of railcars (containers).

20. The consignor (consignee) and the railway shall not be entitled, without the owner's permission, to use a railcar (container) that does not belong to them for the carriage, storage and loading of their own cargo.

21. Contracts for the operation of a railway access track and for the supply and removal of railcars (containers) shall be concluded for a term of not less than 3 years.

22. In the event of a change in the technical equipment or operating technology of a railway station or a railway access track, the parties shall be entitled, before the expiry of the term of their validity, to amend in whole or in part the contracts for the operation of the railway access track and for the supply and removal of railcars (containers).

Article 32. Direct mixed carriage of cargo by railway🔗

1. The railway shall carry out direct mixed carriage of cargo with the participation of maritime, inland water, air and road transport enterprises (organisations and others).

2. Direct mixed carriage of cargo by railway shall be carried out on the basis of a single consignment note and other transport documents which accompany the cargo along the entire route.

Law of Georgia of 28 June 2023 No. 3316 – website, 18 July 2023.

Article 33. Rule of direct mixed carriage of cargo🔗

1. The rule of direct mixed carriage of cargo shall be determined by agreements concluded between transport enterprises (organizations and a.y.) of the respective type on the basis of the legislation of Georgia and by this Code.

2. The conditions of direct mixed carriage of cargo shall be determined by the "Rules of Carriage of Cargo by Rail". In cases not provided for by this Article, the rules of carriage of cargo by the respective type of transport shall apply.

3. The following participate in direct mixed carriage of cargo:

a) a railway station designated for the provision of services (performance of works) related to the carriage of cargo;

b) a seaport, bus station, airport.

4. Liquid cargo to be carried in tank wagons, as well as timber bound into rafts, shall not be accepted for direct mixed carriage, except in the case of carriage of cargo by ferry.

5. The list of cargo admitted for direct mixed carriage which must be accompanied by an escort of the consignor (consignee) shall be determined by the "Rules of Carriage of Cargo by Rail".

6. At the transshipment point, the transfer of cargo in a sealed wagon (container) shall be carried out by checking the integrity of the locking and sealing devices and the compliance of the data indicated in the carriage documents.

7. In the case of direct mixed rail-sea carriage of cargo, its mass shall be determined at the transshipment point at the request of the party receiving the cargo:

a) on wagon scales – by the railway;

b) on freight scales – by the port.

8. In the case of direct mixed rail-road carriage of cargo, its mass shall be determined by the party which at the transshipment point performs the unloading and loading of the cargo, together with the representative of the respective type of transport participating in the carriage.

9. If piece cargo placed in packaging, which was accepted for carriage in closed or open rolling stock, with a mass corresponding to the standard or indicated by the consignor on each freight package, arrived at the transshipment point with undamaged packaging, it shall be transshipped from one type of transport to another type of transport without weighing, by counting the freight packages. Cargo shall be delivered at the destination in the same manner.

10. If there are signs of shortage or damage (spoilage) of the cargo, it shall be transshipped (delivered) with inspection of the packages bearing signs of shortage or damage (spoilage), taking into account the mass and actual condition.

11. Cargo the direct mixed carriage of which is carried out in a wagon (container) shall be transshipped after checking the integrity of the wagon (container) and the locking and sealing devices.

12. In the case of direct mixed carriage of cargo, the rule of allocation of a wagon (container) and the conditions of its use shall be determined by a contract concluded between the interested transport enterprises (organizations and a.y.).

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 34. Procedure for the Transshipment of Cargo and the Preparation of Vehicles at a Transshipment Point🔗

1. In the direct mixed carriage of cargo, its transshipment at a transshipment point shall be carried out:

a) by the port – when transshipping from a sea-going vessel and from the port warehouse into a freight wagon, as well as from a freight wagon onto a sea-going vessel and into the port warehouse;

b) by the railway – when transshipping from a freight wagon and from the railway station warehouse onto a truck, as well as from a truck into a freight wagon and into the railway station warehouse.

2. The special preparation and fitting out of a freight wagon and a sea-going vessel for placing cargo in several tiers, as well as for securing heavy, long and bulky cargo, shall be carried out by the port.

3. The consignor shall ensure the supply of the materials, packaging means, other devices and necessary equipment required for loading, securing and transporting cargo in a freight wagon and on a sea-going vessel.

4. The fee for services rendered by the port (work performed), together with the expenses incurred for materials, shall be indicated in the waybill and shall be paid by the consignee (consignor).

Article 35. Joint Agreement🔗

1. The conditions of operation of a railway station, port and transport enterprises (organizations and a.y.) participating in the direct mixed carriage of cargo shall be determined by a joint agreement concluded between the parties, which shall be drawn up in accordance with the “Rules for the Carriage of Cargo by Rail” for 3 years. In connection with a change in the technical equipment and operating technology of a railway station or port, the joint agreement may be amended in whole or in part at the request of one of the parties before the expiry of its term.

2. Disputed issues related to the joint agreement shall be resolved in accordance with the procedure established by the legislation of Georgia.

Article 36. Time limits for delivery of cargo to the destination, settlement and liability of the parties🔗

1. In direct mixed carriage of cargo, the time limits for its delivery to the destination shall be determined taking into account the aggregate of the established time limits for delivery of cargo to the destination by railway and other modes of transport and shall be calculated in accordance with the rules for calculating the time limits for delivery of cargo to the destination for each mode of transport. In case of violation of the total time limit for delivery of cargo to the destination, property liability shall be borne by the party that violated this time limit.

2. In direct mixed rail-sea carriage of cargo, payment of the fee for its carriage shall be made:

a) at the railway station of dispatch of the cargo – by the consignor, in accordance with the distance of carriage by railway;

b) at the transshipment or destination port of the cargo – by the consignor (consignee), in accordance with the distance of carriage by sea.

3. In direct mixed sea-rail carriage of cargo, payment of the fee for its carriage shall be made:

a) at the port of dispatch of the cargo – by the consignor, in accordance with the distance of carriage by sea;

b) at the railway station of transshipment of the cargo – by the consignor (consignee), in accordance with the distance of carriage by railway.

4. The fee for carriage of cargo may be paid by the freight forwarder who performs the assignment of the consignor (consignee).

5. For the delivery (removal) of a wagon (container) to the port by a railway locomotive, the fee determined by the “Rules for the Carriage of Cargo by Railway” shall be paid.

6. On the basis of a joint agreement, the parameters for fulfilling the norms for transshipment of cargo from railway transport means to sea transport means and vice versa, taking into account the type of cargo, shall be entered in the accounting card. The form of the accounting card and the requirements for its completion shall be determined by the “Rules for the Carriage of Cargo by Railway”.

7. In direct mixed rail-sea carriage of cargo, for violation of the norms for its transshipment, the railway (port) shall bear property liability in the same manner as for non-fulfillment of an application for carriage of cargo.

8. The railway (port) shall be released from property liability for violation of the norms for transshipment of cargo:

a) in the event of force majeure, when loading and unloading of cargo is prohibited and/or impossible, as well as in the event of an accident at a transport enterprise (organization and a.y.);

b) in other cases of termination or restriction of carriage of cargo in accordance with the procedure established by the legislation of Georgia.

9. During loading and unloading of a sea vessel, the liability and rights and obligations of the port and the railway shall be determined by a joint agreement concluded between them.

10. When a wagon (container) that has arrived at a railway station or at the address of a port, or has been delivered to the place of loading-unloading (transshipment) operations, or is standing awaiting the release of that place, is delayed through the fault of the consignor (consignee) or the freight forwarder, as well as when a wagon (container) that has arrived at the address of the same persons is delayed at a railway station en route, the said persons shall be obliged to pay the railway the established charge for the use of the wagon (container) and for the storage of the cargo for the entire time of its delay.

11. For the delay of a wagon (container) at a transshipment point through the fault of the consignor (consignee) or the freight forwarder, as well as for the delay of a wagon (container) loaded with export and import cargo at a border control post through the fault of the customs authority and the border control authorities, or for exceeding the standing time provided for by the timetable of a passenger train, the violating party shall bear property liability in accordance with the rules established by Articles 50 and 51 of this Code.

12. At a transshipment point, before the cargo is handed over, property liability for the failure to safeguard it shall be borne by the transferring party, and after the handover of the cargo – by the receiving party.

13. The port shall ensure the protection of a loaded or empty wagon (container) on the territory of the port.

14. At a transshipment point, the removal of the locking-and-sealing device from a wagon (container) delivered for transshipment and the installation (sealing) of a locking-and-sealing device on a wagon (container) intended for direct mixed carriage shall be carried out in accordance with the "Rules for the Carriage of Cargo by Rail".

15. The property liability of railway and other types of transport enterprises (organizations and a.y.) for the failure to safeguard cargo accepted for direct mixed carriage shall be determined by the rules in force on the respective type of transport. If the fault of the railway or the port is established in the loss, damage, spoilage or shortage of cargo, liability shall be borne accordingly by the railway or the port.

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 28 June 2019 No. 4926 - website, 04.07.2019.

Article 37. Carriage of passengers, transportation of baggage, cargo-baggage and mail🔗

1. The railway shall be obliged to ensure the carriage of passengers, the timely delivery of baggage, cargo-baggage and mail to the destination, the safety of passengers and quality service at the railway station and in the passenger train, the creation of conditions necessary for travel, and the protection of baggage and cargo-baggage.

2. The railway shall be obliged to ensure the movement of passenger trains according to the schedule. Passenger cars intended for passenger service, the railway station and other structures shall be technically sound and comply with construction-sanitary and other requirements established by relevant normative acts.

3. Categories of passenger trains are:

a) according to speed – fast and passenger;

b) according to distance of travel – international, mainline and regional.

4. The criteria for determining the categories of passenger trains and their speed of movement according to the distance of travel shall be established by the “Rules for the Carriage of Passengers, Transportation of Baggage, Cargo-Baggage and Mail by Railway”.

5. The service of a railway station intended for the carriage of passengers and the transportation of baggage and cargo-baggage shall comply with the requirements established by the legislation of Georgia.

6. The railway station shall be equipped with a passenger boarding platform, a shed, and a tunnel and a pedestrian bridge for pedestrian passage, a ticket office, a baggage acceptance and delivery room, a hand baggage storage room, a waiting hall, an information bureau, a passenger rest room, mothers’ and children’s rooms, catering, as well as cultural-community and sanitary-hygienic service facilities for passengers, while a border railway station shall also have the engineering-technical means necessary for ensuring border and customs procedures. The design, construction and improvement of these structures and engineering-technical means shall be ensured by the relevant ministries (agencies) in agreement with the railway.

7. The passenger shall be provided with other necessary information on the departure of passenger trains from the railway station and their entry into the railway station, on travel, on fees for the transportation of baggage and cargo-baggage, and on services.

8. The station forecourt that does not belong to the railway shall be arranged in such a way as to meet the requirements for the safe and unimpeded movement of pedestrians and urban transport. The improvement of the station forecourt shall be ensured by the relevant bodies in accordance with the procedure established by the legislation of Georgia.

[9. To ensure the protection of passengers’ rights, including for the regulation of issues related to cargo, baggage, cargo-baggage and mail, as well as supervision of the carriage of passengers by railway and the procedure for consideration by the Agency of a passenger’s complaint, the rules for the protection of railway passengers’ rights shall be approved by a normative act of the Minister of Economy and Sustainable Development of Georgia. (shall enter into force from 1 May 2026)]

Law of Georgia of 12 November 2010 No. 3806 - LHG I, No. 66, 03.12.2010, Art. 414

Law of Georgia of 27 March 2012 No. 5947 – website, 12.04.2012

Law of Georgia of 8 May 2012 No. 6146 – website, 25.05.2012

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025

“[Article 37¹. Inadmissibility of discrimination of passengers

1. When a passenger uses railway transport, discrimination against him/her shall be inadmissible.

2. A railway enterprise, ticket seller, tour operator shall offer to a passenger contractual terms and tariffs without direct or indirect discrimination based on the passenger's citizenship or the place of establishment of the railway enterprise, ticket seller, tour operator.

3. In the event of reservation of a ticket by a passenger, the operation of this article shall also extend to the railway enterprise and the ticket seller.

4. In a case directly provided for by the legislation of Georgia, preferential conditions may be established for persons belonging to a certain social category.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025

Article 37². Inadmissibility of imposing restrictions on a passenger🔗

1. It shall be inadmissible to exempt, by a contract on the carriage of a passenger, from the obligations established with respect to a passenger by this Code and other legislative and subordinate normative acts of Georgia. A passenger shall not be obliged to fulfil contractual terms that directly or indirectly imply a restriction of the passenger's rights defined by this Code and/or other legislative or subordinate normative act of Georgia.

2. A railway enterprise, ticket seller, tour operator shall have the right to offer to a passenger contractual terms more favourable than those established by this Code and the rules for the protection of the rights of railway passengers.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025

Article 37³. Passenger information🔗

1. A railway enterprise, ticket seller, tour operator, railway station manager, who, on behalf of one or more railway enterprises, offers to a passenger a contract on the carriage of a passenger, shall provide him/her with the passenger information provided for by the rules for the protection of the rights of railway passengers − information on the services defined by the contract offered to the passenger.

2. Passenger information shall be provided to a passenger in real time, in such a form (including through the use of appropriate communication technologies) as will give him/her the opportunity to fully and clearly perceive this information. Particular attention shall be paid to the needs of hearing-impaired, blind and visually impaired passengers.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025

Article 37⁴. Accessibility of information on the schedule of passenger trains🔗

1. The infrastructure manager shall provide information on the schedule of passenger trains to the railway undertaking, the ticket vendor, the tour operator and the railway station manager in real time.

2. The railway undertaking shall ensure that another railway undertaking (if it exists), the ticket vendor and the tour operator are provided with the passenger information provided for by the rules for the protection of the rights of railway passengers and with information on ticket reservation systems in accordance with the rules for the protection of the rights of railway passengers.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 37⁵. Provision of services for the carriage of a person with disabilities and a person with limited mobility by rail🔗

1. The railway undertaking and/or the railway station manager shall, with the active participation of representatives of persons with disabilities and persons with limited mobility, develop non-discriminatory rules for travel by train for the carriage of a person with disabilities, his/her assistant and a person with limited mobility.

2. The railway undertaking and the railway station manager shall ensure that the personnel who, within the scope of their powers, directly assist a person with disabilities and a person with limited mobility, undergo special training courses on disabilities and know how to make the rail passenger transport service accessible to such persons. The personnel shall undergo these training courses regularly. The said training courses shall serve to train the personnel, to improve their qualifications and to raise awareness of the needs of a person with disabilities and a person with limited mobility.

3. In order to ensure the protection of the rights of a person with disabilities and a person with limited mobility, additional requirements and rules shall be determined by the rules for the protection of the rights of railway passengers.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 37⁶. Reimbursement of the ticket price and change of route🔗

1. If, on the basis of a reasonable assumption, it is expected that arrival at the destination point indicated in the contract on the carriage of the passenger (ticket) will be delayed by 60 minutes or more, the railway undertaking causing the delayed service shall immediately offer the passenger the enjoyment of the following rights, one of which the passenger shall choose:

a) reimbursement to the passenger of the full ticket price for the section (sections) of the route on which the journey was not performed, and for the section (sections) on which the journey has already been performed, if the passenger's original travel plan cannot be fulfilled, as well as, where necessary, provision of the service of returning the passenger to the initial point of departure at the earliest opportunity;

b) continuation of the journey or change of route in order to arrive at the destination point under similar transport conditions, at the earliest opportunity;

c) continuation of the journey or change of route in order to arrive at the destination point under similar transport conditions, at a time convenient for the passenger.

2. Notwithstanding that the change of route under similar transport conditions provided for by subparagraphs „b“ and „c“ of the first paragraph of this Article is carried out by the railway undertaking causing the delayed service or by another railway undertaking, the passenger must not be required to incur additional costs. This requirement also applies to the case where the change of route implies the use of a higher class or an alternative means of transport. The railway undertaking shall make reasonable efforts to avoid additional, connecting flights/transfers and shall ensure that the delay is as short as possible within the total travel time. The passenger shall not be placed in a lower class means of transport, except where that means is the only available alternative for the change of route.

3. The ticket price provided for by subparagraph „a“ of the first paragraph of this Article shall be reimbursed within 30 days from receipt of the relevant request, in accordance with the procedure established by the legislation of Georgia and by the railway undertaking. This price may also be reimbursed in the form of a voucher and/or by the provision of other appropriate services for the carriage of passengers by rail, provided that the conditions relating to this voucher and/or service, with respect to the period of validity and the destination point, are sufficiently flexible and the passenger agrees to accept this voucher and/or service.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 37⁷. Compensation for delay caused by the railway undertaking🔗

1. A passenger has the right to receive compensation for delay caused by the railway undertaking if he/she is delayed while travelling from the point of departure indicated in the ticket to the point of destination and the ticket price has not been reimbursed in accordance with Article 37⁶ of this Code. At the same time, he/she retains the right to travel. In this case, the minimum amount of compensation payable to the passenger is:

a) 25% of the ticket price − for a delay of from 60 minutes to 120 minutes;

b) 50% of the ticket price − for a delay of 120 minutes or more.

2. The effect of paragraph 1 of this Article also extends to a passenger holding a subscription ticket or a season ticket. In the event of repeated delay or cancellation of service during the validity period of a subscription ticket or a season ticket, the passenger has the right to receive compensation in accordance with the compensation conditions of the railway undertaking. These conditions shall establish the criteria for determining delay and calculating compensation. If, during the validity period of a subscription ticket or a season ticket, a case of delay of less than 60 minutes recurs, it is possible for these cases to be recorded cumulatively and for the passenger to receive compensation in accordance with the compensation conditions of the railway undertaking.

3. Compensation for delay shall be calculated on the basis of the total amount of the ticket price paid by the passenger. If the contract for the carriage of the passenger provides for a round trip, compensation for delay of the outbound or return service shall be calculated on the basis of the value of that specific part of the journey indicated in the ticket. If the values of individual parts of the journey are not indicated in the ticket, compensation shall be calculated on the basis of half of the ticket price. The value of the delayed service, which is provided for in any other form of contract for the carriage of the passenger and gives the passenger the right to travel on two or more consecutive segments, shall be calculated in proportion to the total ticket price.

4. Compensation for the ticket price shall be paid within 30 days of its being claimed. Compensation shall be claimed within 10 days from the day following the date of the start of the delayed or cancelled service. With the passenger's consent, compensation may also be provided in the form of a voucher and/or by providing other appropriate services for the carriage of passengers by rail.

5. The railway undertaking is entitled to establish a minimum threshold for compensation that exceeds the amount determined by this Article.

6. A passenger shall not have the right to receive compensation if information about the delay was provided to him/her before the purchase of the ticket, or if, within the framework of other services, he/she is delayed by less than 60 minutes due to the continuation of the journey or a change of route.

7. A railway undertaking shall not be obliged to pay compensation to a passenger if the delay in arriving at the destination point indicated in the contract on the carriage of the passenger (ticket), the termination of service or the passenger's delay in boarding the railway transport means onto which he/she is to transfer is caused by one of the following circumstances:

a) a force majeure circumstance not directly connected with railway activity (unfavourable meteorological conditions, a natural disaster, an epidemic or another cause), if this circumstance directly affects the provision of the relevant service and the railway undertaking could not have avoided the said circumstance or its consequences, despite having made the necessary efforts taking into account the peculiarity of this circumstance;

b) through the fault of the passenger;

c) by an act of a third party (presence of a person on the track, theft of electrical wiring, existence of an emergency situation in the train, implementation of a measure by a law enforcement body, sabotage, terrorism or another case), if this act directly affects the provision of the relevant service and the railway undertaking could not have avoided the said act or its consequences, despite having made the necessary efforts taking into account the peculiarity of this act.

8. The operation of subparagraph „c“ of paragraph 7 of this article shall not extend to the following acts: a strike of the personnel of the railway undertaking, an act or omission of another railway undertaking using the same railway infrastructure, an act or omission of the infrastructure manager or the railway station manager.

9. Additional requirements and obligations for the case of delay caused by the fault of the railway undertaking shall be determined by the rules for the protection of the rights of railway passengers. (shall enter into force from 1 May 2026)]

Law of Georgia No. 508 of 29 April 2025 – website, 01.05.2025.

Article 38. Contract for the Carriage of a Passenger, Baggage and Cargo-Baggage🔗

1. Under a passenger carriage contract (ticket), the railway shall be obliged to provide the passenger with an appropriate seat in a passenger train, transport him to the destination and carry his baggage.

2. The passenger shall be obliged to pay the fee for travel and baggage carriage, and the consignor – the fee for cargo-baggage carriage.

3. The delivery of baggage by the passenger, and of cargo-baggage by the consignor, shall be confirmed by a baggage receipt and a cargo-baggage receipt, respectively.

4. If there is a free seat in the train, the railway shall be obliged, taking into account the benefits determined by the legislation of Georgia for a certain category of citizens, to issue a ticket at the established fee. The State shall compensate travel under the benefits in the manner established by the legislation of Georgia.

5. The passenger shall be obliged to carry the ticket with him/her. In the event of loss or damage of the ticket by the passenger, a new ticket shall not be issued and the ticket fee shall not be refunded to the passenger, except in cases provided for by the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Railway".

6. The delivery of hand luggage and baggage to the railway station's storage room is unrestricted, regardless of whether the person has a ticket, except for items and substances whose storage is prohibited by the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Railway".

Article 39. Rights and Obligations of a Passenger🔗

1. When travelling by international and mainline trains, a passenger has the right to:

a) purchase a ticket for any train and carriage, to the railway station named by him/her, which is designated for the carriage of passengers;

b) carry free of charge one child under 5 years of age, if he/she does not occupy a separate seat, and children from 5 to 10 years of age, after payment of the reduced fare established by the legislation of Georgia;

c) carry free of charge, together with small items, hand luggage weighing up to 36 kilograms;

d) check in baggage for carriage after presenting the ticket and paying the relevant fee;

e) terminate the journey and receive the fare for the untravelled distance;

f) temporarily interrupt the journey and extend the validity period of the ticket for not more than 10 days and nights from the interruption of the journey;

g) in the event of illness during the journey, if this is confirmed by a certificate of a medical institution, extend the validity period of the ticket for the entire period of illness or recover the ticket price;

h) after the ticket office of the railway station has made the relevant note in the ticket, depart by a train leaving earlier than the time indicated in the ticket;

i) in the event of a delay of not more than 3 hours from the moment of the train's departure, or in the event of a delay of not more than 3 days and nights due to illness (accident), renew the ticket for another train, upon payment of the platskart fee, and in the event of refusal of the journey, recover the fare in the cases provided for by paragraph 2 of this Article;

j) occupy a vacant seat in a higher class carriage, in accordance with the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Rail".

2. A passenger has the right to return an unused ticket and receive:

a) the full ticket price – not later than 15 hours before the train's departure;

b) 85% of the ticket price – within the period from 15 to 4 hours before the train's departure;

c) 70% of the ticket price – less than 4 hours before the train's departure;

d) in the case of a return ticket: its full price – when returned at the station of purchase or return not later than 24 hours before the train's departure, and 70% of the ticket price – when this time is exceeded;

e) 70% of the fare for the untravelled distance – when the journey is interrupted en route.

3. The fare shall also be refunded to the passenger in full in the event of cancellation of the train, delay of departure, illness or impossibility of being accommodated in the seat indicated in the ticket and refusal to use another seat offered in its place, as well as in the event where the passenger's delay in boarding the connecting train at the transfer point is caused by reasons of the railway.

[3. The ticket price shall also be refunded to the passenger in full in the event of his/her refusal of the journey due to illness or impossibility of being accommodated in the seat indicated in his/her ticket and refusal to use another seat offered in place of that seat.

(Shall enter into force from 1 May 2026)]

4. Where a journey is terminated due to an interruption of train movement for a reason independent of the railway, the passenger shall be refunded the fare for the distance not travelled, and where the journey is terminated for a reason attributable to the railway – the full fare.

5. If it is impossible to allocate to the passenger the seat indicated in the ticket, the railway shall, with the passenger's consent, allocate to him/her another seat, including in a higher class carriage, without payment of the difference in fare.

6. If, with the passenger's consent, a seat was allocated the value of which is less than the fare of the purchased ticket, the difference in fare shall be refunded to the passenger in accordance with the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Rail".

7. When travelling by a regional train, the passenger is entitled to:

a) purchase a ticket (subscription ticket) of the form established by the railway;

b) carry hand luggage free of charge;

c) carry one child under 5 years of age free of charge.

8. The passenger shall observe public order at the railway station (terminal) and in the train, take care of the railway's property, and also take care of his/her own hand luggage.

9. (removed – 08.05.2012, No. 6146).

10. (removed – 08.05.2012, No. 6146).

11. For a rail transport worker, in accordance with the legislation of Georgia and the international treaties of Georgia, the Ministry of Economy and Sustainable Development of Georgia may determine appropriate benefits.

Law of Georgia of 8 May 2012 No. 6146 – website, 25.05.2012.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 40. Carriage of groups of passengers🔗

1. The railway shall, on the basis of a preliminary application by enterprises (organisations and a.y.), sell tickets for the carriage of groups of passengers.

2. The acceptance of a preliminary application and the issuance of travel documents, as well as the refund of ticket fares in the event of refusal of travel, shall be carried out in accordance with the "Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Rail".

Article 41. Carriage of Baggage and Cargo Baggage🔗

1. Upon presentation of a ticket by a passenger, the railway shall be obliged to accept his/her baggage for carriage and to dispatch it by the first departing train of the respective destination that has a baggage car.

2. A passenger shall be entitled to present baggage of declared value for carriage, for which he/she pays the fee determined in accordance with the procedure established by the legislation of Georgia.

3. The carriage of cargo baggage by the railway shall be carried out in accordance with this Code and the "Rules for the Carriage of Passengers, Baggage, Cargo Baggage and Mail by Rail".

4. As baggage, such an item shall be accepted as may, by its volume and properties, be loaded into a baggage car without hindrance and will not damage the baggage of other passengers. The requirements for the weight and packaging of baggage shall be determined by the "Rules for the Carriage of Passengers, Baggage, Cargo Baggage and Mail by Rail". The carriage of such dangerous hand luggage, baggage and cargo baggage as is defined by the "Rules for the Carriage of Passengers, Baggage, Cargo Baggage and Mail by Rail" shall be prohibited.

5. The time limit for the delivery of baggage or cargo baggage to the place of destination shall be determined by the running time to the railway station of destination of the train by which it was dispatched. The date of dispatch of the baggage or cargo baggage shall be noted in the carriage documents.

6. If the baggage or cargo baggage must be transshipped en route, the time limit for its delivery to the place of destination shall be determined by the running time of the train in which the baggage car is included. In this case, 1 day shall be added for each transshipment of baggage, and 2 days for each transshipment of cargo baggage.

7. The date of delivery of the baggage or cargo baggage to the place of destination shall be noted by the railway station of destination in the carriage documents.

8. Baggage or cargo baggage shall be considered lost if it has not been delivered to the railway station of destination within 30 days after the expiry of the delivery time limit. In this case, the railway shall compensate its fee and the damage caused in accordance with the "Rules for the Carriage of Passengers, Baggage, Cargo Baggage and Mail by Rail".

9. If the baggage or cargo baggage was delivered to the place of destination after the expiry of the time limit specified in paragraph 5 of this Article, the recipient of the baggage or cargo baggage shall be entitled to recover it if he/she returns to the railway the amount received from it for the loss of the baggage or cargo baggage.

10. If the recipient of the baggage or cargo baggage refuses in writing to accept it or does not dispose of it within 4 days after receipt of the notification, the railway shall be entitled to sell the baggage or cargo baggage in accordance with the procedure established by the legislation of Georgia.

11. At the railway station of destination, the baggage or cargo baggage shall be issued, respectively, to the person presenting the baggage or cargo baggage receipt.

12. Baggage or cargo baggage delivered to the railway station of destination shall be stored free of charge for 24 hours, excluding the time of delivery. After the expiry of this period, payment of the fee for the storage of baggage shall be made in accordance with the "Rules for the Carriage of Passengers, Baggage, Cargo Baggage and Mail by Rail".

13. Unclaimed cargo baggage shall be subject to sale in accordance with the procedure established by the legislation of Georgia.

Article 42. Carriage of a postal consignment🔗

1. The railway shall carry out the carriage of a postal consignment on the basis of a carriage contract concluded with a postal enterprise (organisation and a.y.), under which that enterprise (organisation and a.y.) shall be obliged to present the postal consignment to the railway in due time for carriage, to load it into the allocated wagon, to pay the carriage charge and to receive the postal consignment at the point of destination, while the railway shall be obliged to accept the postal consignment for carriage and to deliver it to the place of destination in due time.

2. The carriage of a postal consignment shall be carried out by a postal wagon included in the train, unless otherwise provided by the carriage contract.

3. The conditions for including a postal wagon in a train and for the carriage of a postal consignment shall be determined by the "Rules for the Carriage of Passengers, Baggage, Goods-Baggage and Mail by Railway".

[

Article 42¹. Supervision of the carriage of passengers by railway🔗

1. A railway enterprise, a railway station manager, a ticket seller, a tour operator, when selling a ticket, shall provide the passenger with general information about his/her rights (including the right to submit a complaint) and obligations provided for by this Code and by the rules for the protection of the rights of railway passengers, by various means, including in electronic form, by publishing it on the relevant website. He/she shall also indicate to the passenger the specific place where he/she can receive the said information in the event of cancellation of service, delay of a connecting railway transport means, or long delay.

2. A passenger has the right to apply with a complaint to the railway enterprise or the railway station manager, within 3 months from the occurrence of the event giving rise to the right to claim, on matters defined by this Code and the rules for the protection of the rights of railway passengers and subject to its responsibility. The railway enterprise or the railway station manager shall consider the complaint within 1 month.

3. Supervision of the requirements and the protection of passengers' rights provided for by this Chapter is exercised by the Agency. The main directions of the Agency's activity in the said field are:

a) providing consultations to passengers on matters related to their rights;

b) consideration of their complaints about violations of passengers' rights;

c) verification (inspection) of compliance with the rules for the protection of the rights of railway passengers.

4. In the event of detection by the Agency of a violation of the rules for the protection of the rights of railway passengers, it is entitled to apply one of the following measures or several of them simultaneously:

a) to require the correction of the said violation and of the deficiency related to the protection of passengers' rights in the form indicated by it and within the established time limit;

b) to give written advice and to provide a recommendation to a person in the event of his/her commission of an insignificant violation of passengers' rights;

c) to impose on the offender the administrative liability provided for by the legislation of Georgia.

5. Compliance with the requirement provided for by subparagraph "a" of paragraph 4 of this Article is mandatory. It shall be complied with within the time limit established by the Agency.

6. In the event of detection by the Agency of an administrative offence, it is entitled to draw up a protocol on the administrative offence and to adopt a decision on imposing administrative liability on the railway enterprise and/or the railway station manager in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 42². Consideration of a passenger's complaint by the Agency🔗

1. The Agency shall be obliged to consider a passenger's complaint regarding the violation of the rules for the protection of railway passengers' rights and to carry out the measures provided for by the legislation of Georgia.

2. The Agency is entitled to conduct an inspection in order to study and investigate the circumstances related to the passenger's complaint. A railway enterprise, infrastructure manager, railway station manager, ticket seller, tour operator shall be obliged, upon the Agency's request, to hand over to it the relevant material, information and/or document, as well as to ensure access of the Agency's authorised employee to the appropriate infrastructure.

3. The time limit for consideration of a passenger's complaint by the Agency shall not exceed 2 months. This time limit may be extended by a reasoned decision of the Agency by no more than 1 month.

4. The Agency is entitled, when considering a passenger's complaint, to suspend the proceedings of the relevant case for a reasonable period on the ground of requesting additional material, information and/or document. The Agency notifies the person submitting the complaint of the suspension of the case proceedings. The consideration of the complaint shall continue upon the elimination of the said ground. The period of suspension of the case proceedings shall not be counted in the time limit provided for by paragraph 3 of this Article. (shall enter into force from 1 May 2026)]

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 43. Service of a passenger by postal and telegraph-telephone communications🔗

The railway, for the purpose of serving a passenger by postal and telegraph-telephone communications, on the basis of the relevant contract, allocates premises at railway stations to communications enterprises (organizations and a.y.) for a defined period and fee.

Article 43¹. Purpose and content of public railway transport service🔗

1. The purpose of this Chapter is to determine the provision of public railway transport service safely, with quality and at the lowest possible price.

2. This Chapter determines the procedure and conditions for concluding a public service contract. On the basis of the public service contract, the railway operator is charged with the performance of the public service obligation, in return for which the railway operator is entitled to receive public service compensation from the competent body.

Law of Georgia of 23 June 2020 No. 6355 – website, 01.07.2020.

Article 43². Public Service Contract🔗

1. In the event of the adoption of a relevant decision by the competent authority, the granting of an exclusive right to a public service railway operator and the payment of public service compensation shall be possible only on the basis of a public service contract.

2. A public service contract may be concluded in accordance with a competitive selection procedure or on the basis of direct award, in the cases provided for by this article.

3. The competitive selection procedure shall be open, fair, transparent and non-discriminatory for all interested parties. The competitive selection procedure may, after receipt of the relevant bids and pre-selection, provide for negotiations with the candidates in order for the candidates to better understand the essence of the requirements of the competitive selection procedure and to clarify them.

4. The effect of the Law of Georgia on State Procurement and the Law of Georgia on Public-Private Partnership and of any other normative act regulating the procurement of goods and services shall not extend to the selection of a public service railway operator provided for by this article and to the public service contract to be concluded with it. The competitive selection procedure and the rules for its implementation shall be determined in each specific case by the Government of Georgia.

[ 4. The effect of the Law of Georgia on Public-Private Partnership and of any other normative act regulating the procurement of goods and services shall not extend to the selection of a public service railway operator provided for by this article and to the public service contract to be concluded with it. The competitive selection procedure and the rules for its implementation shall be determined in each specific case by the Government of Georgia. (shall enter into force from 1 January 2027)]

5. A public service contract may be concluded on the basis of direct award, without a competitive selection procedure, if:

a) the average annual value of this contract is less than the equivalent in GEL of 1,000,000 (one million) euros or the public service obligation provides for the carriage of passengers over a distance of less than 300,000 kilometres per year;

b) the provision of public railway transport services is seriously disrupted or there is a risk of such disruption. In this case, an emergency measure may be taken − a public service contract may be concluded on the basis of direct award or the term of an existing contract with a specific public service railway operator may be extended. The period for which the public service contract is concluded or its term is extended or for which, as a result of this emergency measure, the performance of the public service obligation is assigned shall not exceed 2 years;

c) Direct award shall be permitted in view of the relevant structural and geographical characteristics of the market and the railway network, in particular, volume, characteristics of demand, complexity of the railway network, technical and geographical isolation and/or the public service obligation defined by this contract;

d) as a result of the conclusion of a contract on the basis of direct award, the quality of public railway transport services or cost efficiency shall improve compared to the previous public service contract;

e) this contract is concluded with a public service railway operator which simultaneously manages the majority of the railway infrastructure on which the public railway transport service is to be provided.

Law of Georgia No. 6355 of 23 June 2020 – website, 01.07.2020.

Law of Georgia No. 2573 of 9 February 2023 – website, 27.02.2023.

Law of Georgia No. 4419 of 5 September 2024 – website, 23.09.2024.

Article 43³. Content of the public service contract🔗

The public service contract shall define:

a) the public service obligation to be performed by the public service railway operator and the geographical area of performance of the public service obligation;

b) objectively and transparently:

b.a) the conditions for payment of public service compensation by the competent authority to the public service railway operator;

b.b) the content and scope of the exclusive right granted to the public service railway operator (if any);

c) the costs of provision of public railway transport services by the public service railway operator and their allocation. These costs may include costs related to human resources, electricity and railway infrastructure, the costs of maintenance and repair of railway rolling stock and of carrying out the necessary installation works required for the purpose of transporting passengers by railway vehicle(s) in order to perform the public service obligation, as well as fixed costs and a corresponding reasonable profit;

d) the ticket price and/or the rules and conditions for determining the ticket price;

e) the rules for distribution of revenues received from ticket sales, which may remain with the public service railway operator, be transferred to the competent authority or be distributed between them;

f) the term of this contract, which shall not exceed 15 years, except in cases provided by a normative act of the Government of Georgia;

g) other terms and provisions.

Law of Georgia No. 6355 of 23 June 2020 – website, 01.07.2020.

Article 43⁴. Public Service Compensation🔗

The rules for determining public service compensation (including the calculation of the corresponding reasonable profit) shall be established by a normative act of the Government of Georgia.

Law of Georgia No. 6355 of 23 June 2020 – website, 01.07.2020.

Article 44. Liability of the Parties🔗

1. For failure to perform assumed obligations, the parties shall bear the liability provided for by this Code, other normative acts and the respective contracts.

2. The parties shall be liable only for offences committed by them or caused by their fault. Along with compensation for damage caused by the offence, the infringing party shall be obliged to pay the fee for the carriage of passengers, cargo, cargo-baggage, the use of a wagon (container) and other services.

3. Any contract concluded between the consignor (consignee), the passenger and the railway that limits or releases them from the liability established by the legislation of Georgia shall be void.

Article 45. Liability of the railway for failure to provide means of transport and liability of the consignor for failure to use provided means of transport🔗

1. The railway, for failure to provide a wagon (container) and/or a refrigerated wagon (transporter), and the consignor, in the event of failure to present cargo, change of its destination, failure to use an allocated wagon (container) and/or refrigerated wagon (transporter), or refusal to accept it/them, shall be obliged to compensate damage in accordance with the "Railway Tariff Policy".

2. The consignor shall be released from compensation of damage if the following circumstances exist:

a) force majeure;

b) prohibition of loading and unloading of cargo by a person authorized for that purpose, termination or restriction of loading of cargo;

c) accident due to which the consignor's main activity was terminated;

d) failure to use wagons (containers) supplied in a quantity greater than that provided for by the application for the carriage of cargo to the consignee without the consignor's consent;

e) fulfillment of the application for carriage of cargo by tonnage, if its carriage is established by wagon and tonnage.

3. If, as a result of compacted loading of wagons (containers), the consignor uses fewer wagons (containers) than provided for by the application, the damage caused by their complete non-use shall not be compensated.

4. If the consignor, at least 2 days before loading, notifies the railway station of the non-use of the wagon (container), the amount of damage to be compensated shall be reduced by one third.

5. The railway shall be released from compensation of damage if the following circumstances exist:

a) force majeure;

b) prohibition of loading and unloading of cargo by a person authorized for that purpose, termination or restriction of loading of cargo;

c) non-payment by the consignor (consignee) of the fee for the carriage of cargo and the provision of other services related thereto (performance of work).

6. If the consignee (consignor) and the port delay wagons (containers) due to their loading, unloading, cleaning and washing, the railway shall be released from pecuniary liability for failure to provide the number of wagons (containers) that were delayed and for this reason could not be supplied for loading.

Article 46. Liability of the railway for loss, damage, spoilage and shortage of cargo (baggage, cargo-baggage) under the Agreement on International Railway Freight Traffic🔗

1. From acceptance of the cargo for carriage until its delivery, the railway shall bear pecuniary liability for the failure to ensure the safety of the cargo, if it cannot prove that the cargo was lost, damaged, spoiled or there was a shortage:

a) for reasons on the part of the consignor or consignee;

b) due to the natural properties of the cargo;

c) due to defects of the tare (packaging) which were not detected during acceptance of the cargo upon its external inspection, or due to the use of such tare (packaging) as does not correspond to the properties of the cargo;

d) due to the delivery for carriage of cargo whose moisture content exceeds the established norms.

2. The railway shall be released from pecuniary liability for loss, damage, spoilage or shortage of cargo accepted for carriage if:

a) the cargo was delivered in a proper wagon (container) with serviceable locking and sealing devices of the consignor and with account taken of other requirements that ensure the safety of the cargo;

b) the cargo was damaged, spoiled or there was a shortage due to natural causes related to the carriage of cargo by open rolling stock;

c) the carriage of the cargo was carried out accompanied by an escort of the consignor (consignee), in accordance with the “Rules for the Carriage of Cargo by Rail”;

d) the shortage of cargo does not exceed the norm of natural loss of mass and the error of measurement of net mass;

e) loss, damage, spoilage or shortage of cargo occurred due to the indication by the consignor of incorrect or incomplete data in the consignment note.

3. If the claimant proves that the cargo was lost, damaged, spoiled or there was a shortage for reasons on the part of the railway, the railway shall bear pecuniary liability for the failure to ensure the safety of the cargo.

4. If, at the request of the consignee, the cargo is not handed over to it within 30 days after expiry of the term for delivery of the cargo to the place, and in the case of direct mixed carriage, within the term provided by the Agreement on International Railway Freight Traffic, the cargo shall be considered lost.

5. If the cargo was delivered after expiry of the term determined by paragraph 4 of this Article, the consignee shall be entitled to receive it if it returns to the railway the compensation received for the loss of the cargo in accordance with the procedure provided by this Code.

6. If the consignee refuses to accept the cargo or does not dispose of it within 4 days (24-hour periods) after receipt of notification of delivery of the cargo, the railway shall be entitled to sell the cargo in accordance with the procedure established by the legislation of Georgia.

7. The railway shall compensate damage arising during carriage of cargo in the following amounts:

a) in the event of loss or shortage of cargo – in the amount of the value of the lost cargo or shortage;

b) in the event of damage (spoilage) of cargo – in the amount by which its value has decreased, and if restoration of the cargo is impossible – in the amount of its full value;

c) In the event of loss of cargo with declared value – in the amount of its full declared value or of the part corresponding to the lost, damaged, spoiled or short-delivered part of the cargo. The value of the cargo shall be determined in accordance with the procedure established by the legislation of Georgia.

8. Together with compensation, in the established amount, for damage caused by loss, damage, spoilage or shortage of cargo, the railway shall return to the consignor (consignee) the fee received from it for the carriage of the cargo and for the provision of other related services (performance of works), in proportion to the quantity of the lost, damaged, spoiled or short-delivered cargo.

9. If baggage (cargo-baggage) was lost, damaged, spoiled or there was a shortage due to circumstances that could have been eliminated from the day of its acceptance for carriage until delivery, the railway shall bear property liability for the failure to ensure the safety of the baggage (cargo-baggage).

10. The railway shall compensate damage arising during the carriage of baggage (cargo-baggage) in the following amounts:

a) in the event of loss or shortage of baggage (cargo-baggage) – in the amount of the value of the lost baggage (cargo-baggage) or of the shortage;

b) in the event of damage (spoilage) of baggage (cargo-baggage) – in the amount by which its value has decreased, and if restoration of the baggage (cargo-baggage) is impossible – in the amount of its full value;

c) in the event of loss of baggage (cargo-baggage) with declared value – in the amount of its declared value.

11. The value of baggage (cargo-baggage) shall be determined in accordance with the “Rules for the Carriage of Passengers, Baggage, Cargo-Baggage and Mail by Rail”.

12. Together with compensation, in the established amount, for damage caused by loss, damage, spoilage or shortage of baggage (cargo-baggage), the railway shall return to the recipient of the baggage (cargo-baggage) the fee received from it for the carriage of the baggage (cargo-baggage) and for the provision of other related services (performance of works), in proportion to the quantity of the lost, damaged, spoiled or short-delivered baggage (cargo-baggage).

Article 47. Liability for delayed delivery of cargo to the place of destination🔗

1. In the case of delayed delivery of cargo to the place of destination during local carriage, as well as in the case of delayed delivery of empty wagons in the possession of the consignor (consignee) to the place of destination, the railway shall compensate the damage in accordance with the procedure established by the Civil Code of Georgia.

2. Damage caused by delayed delivery of baggage (cargo-baggage) to the place of destination during local carriage shall be compensated in accordance with the Civil Code of Georgia.

3. In the case of delayed delivery of cargo to the place of destination during international carriage, as well as in the case of delayed delivery of empty wagons in the possession of the consignor (consignee) to the place of destination, the railway or the party through whose fault the time limit was exceeded during direct mixed carriage shall compensate the damage in the amount determined by the Agreement on International Rail Freight Traffic.

Article 48. Liability for the arbitrary use of rolling stock🔗

If the consignor (consignee) or another person, without the permission of the person authorized for that purpose, uses a wagon (container) of a railway transport enterprise (organization and a.y.), as well as if the railway, without the permission of the person authorized for that purpose, uses a wagon (container) in the possession of the consignor (consignee) or another person, the offending party shall pay a fee for the use of the wagon (container) in a threefold amount.

Article 49. Liability for the presentation of cargo prohibited for carriage or requiring special precautions during carriage🔗

For incorrect indication in the consignment note of the name of the cargo, special marks, or measures necessarily to be taken during the carriage of the cargo, as well as for dispatching cargo prohibited for carriage or for incorrect indication of the properties of the cargo, the consignor shall be obliged to pay an increased fee for the carriage of this cargo in the amount established by the “Railway Tariff Policy”.

Article 50. Fee for the Use of a Wagon (Container)🔗

1. In cases provided for by paragraph 4 of Article 25, Articles 29, 36 (except for exceeding the stopping time of a passenger train) and 48 of this Code, the consignor (consignee) or freight forwarder, in accordance with the contract concluded with it by the railway, at the railway stations of the place of departure and destination (including railway access tracks), for the use of each wagon (covered wagon, gondola, platform) shall pay the railway the corresponding fee. The amount of the fee shall be determined in accordance with the procedure established by the "Railway Tariff Policy".

2. For the use of a tank car, cement carrier, hopper gondola, mineral carrier and other special wagons, the fee determined by this Article shall be paid in double amount, and for the use of a refrigerator car and transporter – in triple amount.

3. If the consignor notifies the railway station that it refuses to load the wagon, the fee for the use of this wagon shall be paid until the day the railway station receives the notification.

4. In cases provided for by Articles 29, 36 and 48 of this Code, for the use of a universal container, the consignor (consignee) shall pay the railway a fee in accordance with the "Railway Tariff Policy".

5. The consignor (consignee) and the port shall be exempt from payment of the fee for the use of a wagon (container) if:

a) due to force majeure, movement on the railway access track was stopped or the performance of cargo loading and unloading operations was prohibited, and also an accident occurred as a result of which it became impossible to carry out the main activity of the consignor (consignee) or the port;

b) the number of wagons (containers) supplied by the railway exceeds the number established by the contract for the operation of the railway access track and the supply and removal of wagons (containers).

6. If the consignor refuses to load an empty special wagon that arrived at the railway station in accordance with the application, and its use by another consignor is impossible during the accounting day, the consignor shall be obliged to pay the railway the fee for the actual mileage of this wagon, but not more than for 300 kilometres.

Article 51. Responsibility of the parties for violation of other terms of the contract🔗

1. For the termination of electricity supply, the supply of low-quality electricity, or the exceeding of the standing time provided for by the schedule of passenger and freight trains for other reasons independent of the railway, the violating person shall compensate the railway for the damage caused by the delay of the train.

2. For exceeding the carrying capacity of a wagon (container), the consignor shall pay the railway the fee for the carriage of the excess cargo in the amount of five times. The consignor shall also compensate the railway for the costs of unloading and storage of the excess cargo and for the damage caused by an accident resulting from the overloading of the wagon (container).

3. In the event of damage to or loss of a wagon (container) supplied by the railway or of its removable parts and equipment, the consignor (consignee) and other relevant persons through whose fault the wagon (container) or its parts and equipment were damaged or lost shall be obliged to restore (return) them or to compensate the railway for the loss caused by such damage in the amount of three times the value, and if restoration (return) is impossible – to pay three times their value.

4. If the railway has damaged a wagon (container) belonging to the consignor (consignee) or to another person, the railway shall be obliged to repair such wagon (container) or to compensate the owner for the loss caused by the damage to the wagon (container) in the amount of three times the value.

5. In the event of the loss of a wagon (container) belonging to the consignor (consignee) or to another person, the railway, at his request, shall be obliged to hand over to him a wagon (container) of the corresponding type for a certain period with the right of free use, and if the railway fails to return the lost wagon (container) to the owner within 3 months – to hand it over to him in ownership, in accordance with the procedure established by the legislation of Georgia.

6. The procedure for replacing a damaged or lost wagon (container) leased by the railway shall be determined by the lease contract.

7. If the railway, with the consent of the consignor, has supplied him for loading an empty, uncleaned wagon (container) which has open hatches, doors and unremoved fastening equipment, the railway shall compensate the consignor for the expenses incurred for the performance of the relevant works. The consignor shall be given a reasonable period for their performance.

8. If the consignee violates the requirements established by Article 28 of this Code, he shall be obliged to compensate the railway for the costs of the works provided for by this Article and to pay the fee for the use of the wagon (container) in accordance with the "Railway Tariff Policy".

Article 52. Acts🔗

1. Circumstances which constitute the basis of liability of participants in railway traffic shall be confirmed by commercial, technical and general-form acts.

2. A commercial act shall be drawn up when the following is confirmed:

a) discrepancy with the data indicated in the carriage documents of the name, mass or number of loading places of the cargo, luggage, cargo-luggage;

b) damage or/and spoilage of the cargo, luggage, cargo-luggage;

c) discovery of cargo, luggage, cargo-luggage which are not accompanied by carriage documents or/and discovery of carriage documents which are not accompanied by cargo, luggage, cargo-luggage;

d) return to the railway of plundered cargo, luggage, cargo-luggage;

e) failure by the railway to deliver the cargo to the access track within 24 hours after the drawing up of the documents in the freight cash desk on the issue of the cargo. In this case, a commercial act shall be drawn up only at the request of the consignee.

3. A commercial act shall be drawn up:

a) during the unloading of cargo, luggage, cargo-luggage at places of common use – on the day of unloading or, in the cases provided for by the "Rules for the Carriage of Cargo by Railway", on the day of transfer of the cargo to the consignee;

b) during the unloading of cargo at places not of common use – on the day of unloading of the cargo; at the same time, inspection of the cargo must be carried out in the process of unloading the cargo or immediately after the unloading of the cargo;

c) en route of the cargo, luggage, cargo-luggage – on the day of detection of the circumstances subject to recording by a commercial act.

4. If the drawing up of a commercial act is impossible within the time limits indicated in this Article, it shall be drawn up no later than the following day.

5. In the case of wagon consignments, a commercial act shall be drawn up for each wagon. It is permissible to draw up one commercial act for a group of wagons arriving within a 24-hour period, when issuing homogeneous cargo, if the cargo has been carried in bulk or in stacks and has been delivered in sound wagons, without signs of loss, from one consignor to the address of one consignee:

a) in the case of shortage – if it exceeds the norm of natural loss of the mass of the cargo and the error of measurement of the net mass;

b) in the case of excess – if there is a difference between the mass of the cargo determined at the railway station of dispatch and the mass of the cargo determined at the railway station of destination, taking into account the error of measurement of the net mass.

6. The shortage and excess of cargo whose carriage is carried out in bulk, in stacks, by pouring or by transshipment en route to the address of one consignee and which has been delivered in a sound wagon, without signs of loss, shall be determined according to the results of the inspection of the entire consignment of cargo issued simultaneously and shall be recorded by one commercial act.

7. A commercial act shall be drawn up in 3 copies. When filling in the commercial act form, erasure, scraping and correction are inadmissible. A commercial act must contain:

a) a precise and detailed description of the condition of the cargo, luggage or cargo-luggage and of the circumstances that caused the insecurity of the cargo, luggage or cargo-luggage. The questions contained in the commercial act form shall be answered precisely. Crossing out or placing a repetition mark instead of repeating the required data shall be inadmissible;

b) data on whether the cargo, luggage or cargo-luggage has been correctly loaded, placed and secured, as well as whether there is protective marking on cargo to be transported in open rolling stock.

8. In case of spoilage of perishable cargo, an extract from the temperature log shall be attached to the commercial act, the conditions for filling in which are determined by the "Rules for the Carriage of Cargo by Rail".

9. The person who draws up or signs a commercial act containing incorrect information shall bear the liability established by the legislation of Georgia.

10. In accordance with the "Rules for the Carriage of Cargo by Rail", the commercial act shall be signed by the consignee (if it participates in the inspection of the cargo, luggage or cargo-luggage), the railway and other persons participating therein.

11. The railway shall be obliged to draw up a commercial act if it has itself detected the circumstances listed in this Article or if at least one of these circumstances was pointed out by the consignee of the cargo, luggage or cargo-luggage. The representatives of the parties participating in the drawing up of the commercial act shall not be entitled to refuse to sign it. In case of disagreement with the content of the commercial act, the representatives of the parties shall be entitled to formulate their remarks.

12. In case of refusal by the railway station to draw up a commercial act or of its incorrect drawing up, the consignee shall be entitled to submit a written application thereon to the railway.

13. The railway shall be obliged to give a reasoned reply to an application concerning perishable cargo within one day of its receipt, and to an application concerning other cargo, luggage or cargo-luggage – within 3 days of receipt. If the application is substantiated, the consignee shall not pay the fee for storage of the cargo, luggage or cargo-luggage for the time of delay in drawing up the commercial act.

14. At the request of the consignee, the railway station shall be obliged to issue the commercial act within 3 days. The procedure for forwarding commercial acts between structural units of the railway shall be determined by the railway.

15. To certify other circumstances not provided for by this Article, acts of technical and general form shall be drawn up in accordance with the "Rules for the Carriage of Passengers, Luggage, Cargo-Luggage and Post by Rail" and the "Rules for the Carriage of Cargo by Rail".

Article 53. Submission of a Claim🔗

1. Prior to filing a lawsuit in connection with the carriage of cargo (cargo-baggage), the submission of a written claim to the railway is mandatory.

2. In case of damage arising during local carriage, the right to submit a claim or a lawsuit to the railway shall be held by:

a) the consignor (consignee) or a person authorized by it, upon presentation of the original of the cargo receipt on acceptance of the cargo for carriage, on which there is a note by the destination railway station regarding the non-acceptance of the cargo – in case of total loss of the cargo;

b) the consignor (consignee), upon presentation of the originals of the waybill and the commercial act – in case of damage, spoilage, shortage, deterioration of quality of the cargo and in other cases;

c) the consignee – in case of exceeding the time limit for delivery of the cargo (cargo-baggage) to the place, provided that it presents the waybill (the original of the cargo-baggage receipt);

d) the consignee – in case of delay in the release of the cargo (cargo-baggage), provided that it presents the originals of the transport receipt and the act of general form.

3. In case of international carriage, the conditions for making a claim are determined by the Agreement on International Rail Freight Traffic.

4. The consignor (consignee) has the right to transfer the authority to submit a claim to another person.

5. In connection with the carriage of passengers or the carriage of baggage, a claim may be submitted to the railway by:

a) the presenter of the baggage receipt – in case of loss of baggage;

b) the presenter of the relevant commercial act – in case of damage, spoilage or shortage of baggage;

c) the presenter of the relevant act of general form issued by the railway – in case of exceeding the time limit for delivery of baggage to the place;

d) the passenger, upon presentation of the ticket – in case of delay or lateness of the train's departure.

6. Claims arising in connection with the carriage of cargo, baggage, cargo-baggage and the carriage of passengers, as well as in connection with damage by the railway to rolling stock and containers (which belong to the consignor, the consignee or another person) shall be submitted to the railway.

7. In case of direct mixed traffic, claims related to the carriage of cargo shall be submitted to:

a) the destination railway – if the final point of cargo carriage is a railway station;

b) the relevant administration of another mode of transport which serves the final point of cargo carriage or in whose management this point is.

Article 54. Rule for Submitting a Claim🔗

1. A claim must contain the applicant's demands and must be accompanied by documents proving the substantiation of the claim.

2. A claim regarding the loss, damage, spoilage or shortage of cargo (cargo-baggage) must also be accompanied by a document confirming the quantity and value of the dispatched cargo (cargo-baggage), without including therein lost income and unrealized actual expenses, or the value of the parts and spare parts of the lost cargo (cargo-baggage).

Article 55. Time limits for submitting a claim🔗

1. In local carriage, a claim may be submitted to the railway within the time limits established by the Civil Code of Georgia, and in international carriage — within the time limit determined by the "Agreement on International Rail Freight Traffic".

2. The time limits for submitting a claim shall be calculated:

a) for damage, spoilage or shortage of cargo, baggage or cargo-baggage — from the day of delivery of the cargo, baggage or cargo-baggage;

b) for loss of cargo — 10 days after expiry of the time limit for delivery of the cargo to the destination;

c) for loss of baggage, cargo-baggage — 30 days after expiry of the time limit for delivery of the cargo, cargo-baggage of natural persons to the destination and 10 days after expiry of the time limit for delivery of the cargo-baggage of legal persons to the destination;

d) for exceeding the time limit for delivery of cargo, baggage, cargo-baggage to the destination — from the day of delivery of the cargo, baggage, cargo-baggage;

e) for refund of the fee for use of a wagon (container) — from the day of payment of this fee by the claimant;

f) for non-fulfilment of the application for carriage of cargo — 5 days after payment of the fee;

g) for damage caused by the railway's arbitrary retention of a wagon (container) owned by or in the use of the consignor (consignee) or another enterprise (organization and a.y.) — after expiry of the time limit for delivery of the cargo by such rolling stock to the destination or for its return to the railway station of destination;

h) in other cases arising in connection with carriage — from the day of occurrence of the event that became the ground for submitting the claim.

3. The railway shall be obliged to consider the claim and to notify the claimant in writing of the results of its consideration within 2 months from the day of receipt of the claim. If the railway recognizes the claim, it shall be obliged, within 2 weeks from the day of recognition of the claim, to compensate the claimant for the damage arising during the carriage of cargo in the amount established by paragraph 7 of Article 46 of this Code.

4. In the event that a claim is submitted with incomplete documents attached, it shall be returned to the claimant without consideration within 10 days.

5. If the railway partially satisfied or rejected the claim, the response shall state the ground for the decision taken. In this case, the documents submitted together with the claim shall be returned to the claimant.

6. The railway shall have the right to submit a claim to the consignor (consignee) or another person within the time limits established by the legislation of Georgia.

Article 56. Time limits for submitting an action🔗

An action arising from the relations regulated by this Code shall be submitted within the time limits established by the legislation of Georgia.

Article 57. Procedure for filing an action🔗

1. An action against the railway in connection with the carriage of cargo (luggage, cargo-luggage) may be filed if the railway wholly or partially refuses to satisfy the claim, or if the railway does not give the applicant a reply within 2 months from the day of receipt of the claim.

2. An action shall be filed with the court in accordance with the procedure established by the legislation of Georgia.

3. In connection with the carriage of passengers, luggage or cargo-luggage, the filing of an action shall be permitted before the expiry of the time limits established by Article 53 of this Code, if a reply of the railway to the claim has been received.

Article 58. Right of pledge on cargo🔗

The railway, on account of the expenses arising from the carriage contract, has a right of pledge on the cargo, as long as it is entitled to dispose of that cargo.

Article 59. Basic provisions on traffic safety🔗

1. The territories of railway stations, terminals, passenger platforms and structural units, and the railway tracks on which trains move and shunting and loading-unloading works are performed, constitute zones of increased danger. The presence of unauthorised persons in these zones, unless caused by official necessity, is prohibited. The rules for presence in a zone of increased danger, for the performance of works there, and for movement and crossing on railway tracks shall be established by the railway.

2. Passenger service, as well as rolling stock (including specialised), containers, elements of the track superstructure, other technical means and mechanisms shall comply with the requirements of traffic and fire safety, labour and environmental cleanliness protection established by the rules of technical operation of the railway.

3. The railway shall determine the procedure for the classification, official investigation and recording of violations of the rules of railway traffic and fire safety.

4. For violation of the rules of railway traffic and fire safety, the guilty persons shall bear the corresponding liability in accordance with the legislation of Georgia.

Article 59¹. Person responsible for maintenance🔗

1. Before a railway vehicle is used on the railway network, the person responsible for its maintenance shall be determined. This person shall hold a certificate of the person responsible for maintenance.

2. The certificate of the person responsible for maintenance shall be issued by the Agency in accordance with the railway safety rules approved by the Government of Georgia. The Agency is also entitled, in accordance with the railway safety rules, to renew the certificate of the person responsible for maintenance, to suspend its validity or to revoke it.

3. The person responsible for maintenance shall ensure that the railway vehicles whose upkeep and maintenance it carries out are in a safe condition for movement.

4. The railway safety rules shall establish the procedure for delegation by the person responsible for maintenance of its functions and the exceptional cases from this procedure.

5. The Agency shall carry out inspection, monitoring and supervision of the person responsible for maintenance in accordance with the procedure for carrying out inspection, monitoring and supervision of the person responsible for maintenance approved by it.

6. Within the scope of the powers provided for by paragraph 5 of this Article, the Agency shall be granted the right of access to any information, buildings, structures, plant, devices and equipment of the person responsible for maintenance.

7. The cases of mandatory certification of the person responsible for maintenance (including exceptional cases) shall be determined by the railway safety rules.

8. The form of the certificate of the person responsible for maintenance shall be approved by the relevant normative act of the Agency.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 60. General Principles of Organizing the Ensuring of Traffic Safety🔗

1. Railway transport enterprises (organizations, etc.) ensure the safety of carriage of passengers, transportation of cargo, movement of trains and other railway vehicles and fire safety (including the safety of performing shunting operations), as well as protection of labour conditions and the environment.

2. The railway ensures traffic safety on the basis of the following principles:

a) by a systemic approach to management and planning for ensuring traffic and fire-prevention safety;

b) by compliance of the carriage and transportation process and the technology of technical means with normative acts;

c) by protecting the lawful interests of persons and railway transport when ensuring traffic safety;

d) by mutual responsibility of persons and railway transport in matters of ensuring traffic safety.

3. The conditions for ensuring traffic safety are determined by relevant normative acts.

4. A railway transport facility on whose territory production, storage, loading, transportation and transshipment of dangerous cargo takes place must be separated from the public railway track and structure by such distance as ensures the safe functioning of the railway. This distance, as well as the norms for construction and storage of a facility at a place of intersection with railway tracks and at a place adjacent thereto, are established by the railway.

5. Responsibility for the construction and safe operation of gas pipelines, oil pipelines and other communications crossing railway tracks or located in their immediate vicinity shall be borne by the owners of these communications.

6. The enterprise (organization and others) sending or receiving dangerous cargo and the railway are obliged, within the limits of their competence, to ensure the safety of transportation, loading and unloading of this cargo, to have technical means and to have subdivisions necessary for the liquidation of an emergency situation and the consequences of an accident.

7. Crossing of a railway track by other types of vehicles is permitted only at different levels of the railway track and the motor road. Crossing of a railway track and a motor road at the same level shall be permitted only in cases determined by the legislation of Georgia.

8. Responsibility for maintaining safety when a railway track is crossed by a motor road at the same level shall be determined by the legislation of Georgia.

9. Places where railway tracks intersect with a main oil pipeline and gas pipeline shall be marked with appropriate indicators in accordance with the rules for operation of structures. The owners of these structures are obliged to provide the railway with timely information on the occurrence of emergency situations that pose a threat to traffic and fire safety.

10. When performing operations of train passage and servicing of technical means at crossing places, railway workers act in accordance with the procedure determined by relevant normative acts.

Law of Georgia No. 2998 of 31 May 2023 – website, 13 June 2023.

Article 60¹. State regulation of safety🔗

1. A railway undertaking that holds a safety certificate shall have the right of access to the railway infrastructure.

2. The infrastructure manager to which the Agency has granted safety authorisation shall have the right to manage and operate the railway infrastructure.

3. The issuance of a safety certificate and the granting of safety authorisation by the Agency shall be carried out in accordance with the railway safety rule approved by the Government of Georgia.

4. The Agency is authorised to:

a) issue/grant, renew, suspend and revoke the safety certificate and safety authorisation;

b) in accordance with the rules approved by the Agency for conducting inspection, monitoring and supervision of the infrastructure manager and the railway undertaking, conduct inspection, monitoring and supervision of the infrastructure manager and the railway undertaking.

5. Within the scope of the authority provided for by subparagraph „b“ of paragraph 4 of this article, the Agency shall be granted the right of access to any information, buildings and structures, installations, devices and equipment of the infrastructure manager or the railway undertaking.

6. The forms of the safety certificate and safety authorisation shall be approved by the relevant normative act of the Agency.

Law of Georgia No. 2998 of 31 May 2023 – website, 13 June 2023.

Article 61. Protection of cargo and railway transport facilities🔗

1. Cargo and railway transport facilities on the railway network and at railway stations shall be protected by the Legal Entity of Public Law operating in the area of governance of the Ministry of Internal Affairs of Georgia – the Protection Police Department (hereinafter – the Protection Police Department) on the basis of the relevant contract concluded with the railway, while fire-prevention work, supervision of fire safety and extinguishing of fires shall be ensured by the railway.

2. The list of cargo, as well as those railway transport facilities that require protection and escort by the Protection Police Department, shall be established/determined by the railway in agreement with the Protection Police Department. The Protection Police Department shall be responsible for the protection of the cargo and railway transport facilities handed over to it in accordance with the conditions defined by the relevant contract.

3. Cargo transported under special conditions shall be protected and escorted by the consignor (consignee) in accordance with the "Rules for the Carriage of Cargo by Rail" and the "Rules for the Carriage of Dangerous Cargo by Rail".

Law of Georgia No. 1402 of 17 March 2026 – website, 24 March 2026.

Article 61¹. Conducting official investigation of a serious railway accident, railway accident and incident🔗

1. The Transport Safety Investigation Bureau of the Ministry of Economy and Sustainable Development of Georgia (hereinafter – the Investigation Bureau) conducts an official investigation of a serious railway accident (hereinafter – the investigation), the purpose of which is to improve railway safety and prevent railway accidents. The purpose of the investigation is not to establish a person's guilt or responsibility for the occurrence of a serious railway accident, railway accident or incident. The investigation is conducted independently of, and without obstructing, judicial, administrative and investigative bodies.

2. The Investigation Bureau is functionally independent from the Agency, a railway undertaking, the infrastructure manager and any other person whose interests and/or tasks may conflict with the interests of the Investigation Bureau or the tasks assigned to it and/or affect its objectivity.

3. The Investigation Bureau, in addition to a serious railway accident, may conduct an investigation of such a railway accident or incident as could have caused a serious railway accident. The decision on the investigation of the said accident or incident is taken by the Investigation Bureau. When taking this decision, the Investigation Bureau takes into account:

a) the significance and severity of the railway accident or incident;

b) whether the railway accident or incident is part of a series of railway accidents or incidents (in the context of the railway system);

c) the general impact on railway safety;

d) an application by the Agency, the infrastructure manager or a railway undertaking.

4. The Investigation Bureau shall be immediately granted:

a) the right of access to the site of a serious railway accident, railway accident or incident, as well as to the rolling stock involved in it and the relevant infrastructure;

b) the right to collect evidence (including the right to remove/extract damaged parts of the relevant infrastructure/rolling stock for appropriate expert examination or analysis);

c) the right of access to and use of the recording of the recording device in the train and of the equipment related to the registration of the operation of the voice communication recording, signalling and traffic control system;

d) the right of access to the results of the expert examination of the victim's body;

e) the right of access to the results of the examination of the train personnel involved in the serious railway accident, railway accident or incident and other personnel of the railway undertaking or infrastructure manager;

f) the right to interview the personnel of the railway undertaking or infrastructure manager and any other person;

g) the right of access to any relevant information or record available to the infrastructure manager, the railway undertaking and the Agency.

5. The Investigation Bureau shall be responsible for ensuring security for the protection of information obtained as a result of the investigation of a railway accident or incident, so that such information is disclosed only for the purpose of the investigation of the railway accident or incident. The information obtained as a result of the said investigation may become accessible to a third person only in the cases provided for by the legislation of Georgia, on the basis of an appropriate decision of the relevant law enforcement body.

6. An incident occurring in the field of railway transport in which a serious railway accident or a high probability of the occurrence of a railway accident is not discernible shall be investigated by the railway undertaking and/or the infrastructure manager. The railway undertaking or the infrastructure manager shall, upon a request by the Investigation Bureau or the Agency, submit to it the final report on the investigation of the incident.

7. When investigating a railway accident or incident that concerns the sphere of competence of different agencies, the Government of Georgia may establish an interagency commission.

8. Upon the occurrence of a railway accident or a serious railway accident, the relevant notification shall be sent to the states of registration, of operation, of design or of manufacture of the railway transport. They shall have the right to appoint authorised representatives for the purpose of participating in the relevant investigation.

9. The railway undertaking, the infrastructure manager and the Agency shall be obliged to immediately notify the Investigation Bureau of a serious railway accident, a railway accident or an incident.

10. The relevant state bodies and legal entities shall be obliged to ensure the protection of the site of the railway accident or incident and the creation of appropriate conditions for the work of the Investigation Bureau.

11. A report on the investigation shall be prepared in the appropriate form determined for the type and significance of the serious railway accident, railway accident or incident, taking into account the significance of the results of the investigation. This report shall reflect the purpose of the investigation. Where necessary, the said report may contain safety recommendations.

12. The safety recommendations provided for by paragraph 11 of this Article shall be given to the Agency, as well as, depending on the specifics of the recommendations, to another body or agency.

13. The expenses related to the investigation shall be reimbursed from the State Budget of Georgia.

14. The procedure for conducting the investigation shall be approved by the relevant normative act of the Minister of Economy and Sustainable Development of Georgia.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 62. Organisation of railway operation during a state of emergency, including martial law, mobilisation and other emergency situations🔗

1. During a state of emergency, including martial law, mobilisation and other emergency situations, railway transport enterprises (organisations, etc.), together with central bodies of state authority and municipalities, shall carry out the relevant immediate measures in accordance with the procedure established by the legislation of Georgia.

2. Liability for deliberate disruption or termination of railway operation and for damage to technical means shall be determined in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 5 June 2007 No. 4853 – LHG I, No. 21, 18 June 2007, Art. 176

Law of Georgia of 15 July 2020 No. 6968 – website, 28 July 2020

Article 63. Insurance in railway transport🔗

Insurance of passengers, cargo, luggage, cargo-luggage and other types in railway transport shall be effected in accordance with the legislation of Georgia.

Article 63¹. Purpose and scope of this Chapter🔗

1. This Chapter determines the rights and obligations of the Agency, the train driver, the railway undertaking, the infrastructure manager and the training centre.

2. This Chapter shall not apply to a train driver who carries out activities only:

a) in a metro, tram or other light rail transport that is separated from the railway network;

b) on a network that is functionally separated from the rest of the railway network and is intended only for local, urban or suburban railway traffic and freight services;

c) on railway infrastructure in private ownership which exists solely for the purpose of carrying out transport for the own purposes of the owner of that infrastructure;

d) on the section (sections) of railway track which is (are) temporarily closed to normal traffic for the purpose of repair, renewal or improvement of the railway system.

Law of Georgia of 31 May 2023 No. 2998 – website, 13 June 2023

Article 63². Documents certifying the right to drive a train🔗

1. In the railway system, only a train driver who holds the documents certifying the right to drive a train provided for by paragraph 2 of this article shall have the right to drive a train.

2. The documents certifying the right to drive a train are:

a) a train driver's licence, which certifies that the train driver has basic professional skills and relevant education and that his/her state of health meets the requirements determined by the legislation of Georgia;

b) a train driver's certificate.

3. The train driver's licence shall be issued by the Agency, while the body authorised to issue the train driver's certificate is a railway undertaking or an infrastructure manager.

4. The rules and conditions for the issuance, renewal and restoration of the train driver's licence and the train driver's certificate, and for the suspension and revocation of their validity (including the requirements for the train driver's licence and the train driver's certificate and the exception rules) shall be approved by a normative act of the Government of Georgia. The forms of the train driver's licence and certificate shall be approved by the Agency.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 63³. Requirements determined for obtaining a train driver's licence and a train driver's certificate🔗

1. In order to obtain a train driver's licence, the applicant shall be obliged to meet the requirements determined by this Code and by the Government of Georgia.

2. In order to obtain a train driver's certificate, the applicant shall be obliged to hold a train driver's licence and to meet the requirements determined by this Code and by the Government of Georgia.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 63⁴. Professional training of train drivers🔗

1. Professional training of train drivers shall be carried out in a training centre in accordance with the rules and conditions of professional training of train drivers determined by the relevant normative act.

2. Professional training of train drivers shall consist of training modules related to the train driver's licence and the train driver's certificate. The professional training of train drivers shall be carried out through them.

3. The training centre shall ensure access to professional training of train drivers within the framework of fairness and without discrimination.

4. A person shall be granted the status of a training centre by the Agency.

5. The rules for granting the status of a training centre to a person and for the suspension and revocation of this status shall be approved by the relevant normative act of the Agency.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 63⁵. Train driver examination🔗

In order to obtain a train driver's licence, the applicant shall, except for the exception rules determined by a normative act of the Government of Georgia, have passed the train driver examination. The rules and conditions for conducting the train driver examination shall be approved by the Agency.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 63⁶. Powers of the Agency🔗

1. The Agency is authorised to:

a) issue, confirm and restore a train driver's licence;

b) suspend and revoke the validity of a train driver's licence, as well as adopt a reasoned decision on the suspension or revocation of the validity of a train driver's certificate for a railway undertaking or an infrastructure manager and submit it to the relevant person;

c) monitor the professional training of train drivers, conduct a train driver examination and/or testing, or participate in its conduct;

d) for the purpose of suppressing and preventing violations of the rules on certification of train drivers and the right to drive a train in the railway network on the territory of Georgia, conduct scheduled and unscheduled inspections, establish a detected violation and, for this purpose, request information from the relevant bodies;

e) in accordance with Georgian legislation, monitor a training centre;

f) issue a resolution on the imposition of an administrative penalty for violation of Georgian legislation and draw up a protocol on an administrative offence;

g) perform the functions assigned to it by this Code and other legislative and subordinate acts of Georgia;

h) receive the fee for the relevant service;

i) approve the procedure for maintaining the register of train driver's licences and maintain the said register;

j) approve the procedure for conducting scheduled and unscheduled inspections for the purpose of suppressing and preventing violations of the rules on certification of train drivers and the right to drive a train.

2. The Agency is authorised to delegate to a third party the powers provided for by subparagraphs “a”, “c” and “d” of paragraph 1 of this Article. Delegation of a power by the Agency shall be transparent and non-discriminatory.

3. If the Agency delegates to a railway undertaking the issuance of a train driver's licence or the power provided for by subparagraph “c” of paragraph 1 of this Article, its delegation shall be carried out subject to compliance with one of the following 2 preconditions:

a) the railway undertaking issues a train driver's licence only to a train driver employed by it;

b) the railway undertaking does not exercise the delegated power exclusively.

4. A third party shall exercise the power delegated to it in accordance with this Code and other legislative and subordinate acts of Georgia. In this case, it shall comply with all requirements that are mandatory for the Agency under Georgian legislation when exercising the said power.

5. The Agency is authorised, on the territory of Georgia, in a moving train, at any time, to check the possession by a train driver of documents confirming the right to drive a train provided for by this Code.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 63⁷. Liability🔗

1. For violation of the conditions of a driving licence and the rules for certification of a vehicle, liability shall be determined by this Code and other legislative normative acts of Georgia, while issues related to an administrative offence shall also be regulated by the Code of Administrative Offences of Georgia.

2. A decision adopted by the Agency in a case of an administrative offence provided for by this Chapter shall be appealed in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Article 64. Transitional Provisions🔗

1. Before the regulatory body exercises tariff authority in railway transport, joint-stock company "Georgian Railway" shall independently set the tariffs and additional fees for the carriage of passengers and the carriage of cargo, luggage, cargo-luggage and mail.

2. The Government of Georgia shall ensure, by 1 January 2025:

a) approval of the rules for the carriage of dangerous cargo by rail;

b) approval of the railway safety rules;

c) approval of the rules and conditions for the issuance, renewal and restoration of a train driver's licence and a train driver's certificate, and for the suspension and revocation of their validity.

3. The Agency shall ensure, by 1 January 2025:

a) approval of the forms of the safety certificate and the safety authorisation;

b) approval of the forms of the train driver's licence and the train driver's certificate;

c) approval of the rules for conducting scheduled and unscheduled inspections for the purpose of preventing and precluding violations of the norms on train driver certification and the right to drive a train;

d) approval of the rules and conditions of professional training of train drivers and the rules and conditions for conducting the train driver examination;

e) approval of the rules for maintaining the register of train driving licences;

f) approval of the rules for conducting inspection, monitoring and supervision of the infrastructure manager and the railway enterprise;

g) approval of the rules for granting a person the status of a training centre and for the suspension and revocation of this status.

4. The Agency shall ensure:

a) by 1 September 2025 − approval of the rules for assessing the health condition of train drivers and for the recognition of a medical institution and a physician authorised to issue a certificate on the health condition of a train driver (form No. IV-100/a) and for their monitoring;

b) by 1 March 2026:

b.a) approval of the rules for conducting supervision and monitoring of compliance with the rules for the carriage of dangerous cargo by rail;

b.b) approval of the rules and conditions for the training of a dangerous cargo carriage specialist, the conduct of the relevant examination, the issuance, renewal, restoration, suspension and revocation of a dangerous cargo carriage specialist's certificate, as well as the form of the dangerous cargo carriage specialist's certificate;

b.c) approval of the rules and conditions for the recognition, suspension and revocation of the status of a person conducting the training of dangerous cargo carriage specialists;

b.d) approval of the rules for conducting inspection of a person holding the status of a person conducting the training of dangerous cargo carriage specialists recognised by the Agency;

c) by 1 January 2026 − approval of the rules for conducting inspection, monitoring and supervision of the person responsible for technical maintenance.

5. The Minister of Economy and Sustainable Development of Georgia shall ensure, by 1 May 2026, the approval of the rules for the protection of the rights of railway passengers.

Law of Georgia of 1 July 2005 No. 1872 - LHG I, No. 41, 19.07.2005, Art. 295

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

Law of Georgia of 29 April 2025 No. 508 – website, 01.05.2025.

Article 65. Final provisions🔗

1. This Code shall enter into force upon publication.

2. In connection with the entry into force of this Code, the Law of Georgia "On Railway Transport" shall be declared invalid.

Law of Georgia of 1 July 2005 No. 1872 - LHG I, No. 41, 19.07.2005, Art. 295

President of Georgia Eduard Shevardnadze

Tbilisi,

28 December 2002.

No. 1911 –rs

Annex

Law of Georgia of 31 May 2023 No. 2998 – website, 13.06.2023.

List of components/details constituting railway infrastructure

Railway infrastructure consists of the components/details listed below, which are part of the main track, including access tracks, but excluding the track located in a railway repair workshop, depot or locomotive shed, as well as on a private access track or branch:

− land plot;

− railway track and roadbed, namely, embankments, cuttings, drainage channels and ditches, rock trenches, culverts, retaining walls, slope protection slabs and others, passenger and freight platforms (including those located at passenger stations and freight terminals); rails and track side elements, wall buttresses, gabions, fences; firebreaks; heating point equipment; crossings and others; snow protection shields;

− engineering-technical structures: bridges, culverts and other overpasses, tunnels, covered cuttings and other underground passages; retaining walls, structures protecting against avalanches, rockfalls and other events;

− railway level crossings, including means of ensuring road traffic safety;

− track superstructure, namely: rails and counter-rails; sleepers and turnout beams, fastenings, ballast, including crushed stone and sand; crossings and others; turning devices (turning circles) and traversers (except those intended exclusively for locomotives);

− roads intended for passenger access and for the delivery of cargo, including motor roads and pedestrian paths;

− safety, signalling and communication devices located on run-around tracks, at stations and at marshalling yards (humps), including wagon retarders, devices generating, converting and distributing electric current for signalling and communication; buildings and structures required for such devices;

− lighting devices required for travel and safety purposes;

− devices/equipment for transmitting and converting electricity intended for train traction: substations, feeder cables between substations and contact wires, the contact network and supports;

− buildings used by the infrastructure manager, including fare payment machines.