(Franchise)
Article 4. Any person who intends to engage in express business shall obtain a franchise issued by the Minister of Transportation.
2 The franchise for express business shall be issued designating the railroad stations by which the business is to be operated and according to the classifications in each item of Article 2 paragraph 1.
3 The franchise for express business may be issued specifying the consignor, kinds of goods to be handled, or place of service, or limiting the scope of service.
(Application for Franchise)
Article 5. Any person who intends to obtain franchise for express business shall submit to the Minister of Transportation an application on which matters enumerated below shall be entered:
(1) Name or title and address;
(2) Mark to be used in the operation of business;
(3) Railroad station by which the business is to be operated;
(4) Classifications in each item of Article 2 paragraph 1.
2 Any person who intends to obtain franchise which limits the scope of business shall, in addition to those matters enumerated in the preceding paragraph, enter on the application the consignors, kinds of goods to be handled, place of service as well as scope of service.
3 A letter of business plan showing facilities of the business, estimates of the income and expenditute and other matters as may be provided for by Ministerial Ordinance shall be annexed to the application.
4 The Minister of Transportation may request any person who has applied for the franchise of express business to submit a copy of commercial register-book and other necessary documents in addition to those enumerated in each of the preceding paragraphs.
(Standards of Franchise)
Article 6. The Minister of Transportation shall, when he has received the application as prescribed in the preceding Article, examine it in accordance with the following standards:
(1) That the commencement of such business referred to is in conformity with the demand of the public;
(2) That the commencement of such business referred to promotes the convenience, of the general public;
(3) That the applicant has the ability to properly and securely perform the proposed business concerned;
(4) That the commencement of such business reforred to contributes to increase the efficiency of goods transportation by railways.
2 The Minister of Transportation shall, when he deems that to be a result of the examination provided in the preceding paragraph, the application conforms to the standards of the preceding paragraph, grant franchise for the express business except for those cases enumerated below:
(1) When the person who intends to obtain franchise was sentenced to penal servitude or imprisonment not less than one year and two years, have not elapsed after he served out his term or was remitted of the execution:
(2) When the person who intends to obtain franchise is one whose franchise for business was revoked and two years have not elapsed from the date of revocation thereof;
(3) When in case the person who intends to oftain franchise is a juridical person, the officer of such juridical person comes under any one of the preceding two items.
(Authorization, etc., of Transfer of Business or Acquisition by Transfer)
Article 7. No transfer of express business or acquisition by transfer shall have any legal effect unless the authorization thereof by the Minister of Transportation is obtained.
2 No amalgamation of juridical persons who operate express business shall have any legal effect unless the authorization thereof by the Minister of Transportation is obtained;Provided, that this provision shall not apply in case of amalgamation of a juridical person who operates an express business and one who does not operate the same, when the former continues to exist.
3 When the amalgamation of juridical persons who operate express business takes place, the juridical person who continues to exist after the amalgamation, or the juridical person who has been established as the result of the amalgamation, shall succeed to the rights and obligations under the franchise.
4 The provisions of the preceding Article shall apply mutatis mutandis to the authorization prescribed in paragraph 1 or 2.
(Succession)
Article 8. In case of death of a person who has been granted franchise of express business, when a successor intends to succeed to the express business which has been operated by his predecessor, he shall obtain the authorization thereof from the Minister of Transportation.
2 In case a successor has made the application for authorization of the preceding paragraph within sixty (60) days after the death of his predecessor, he may engage in the express business notwithstanding the provisions of Article 4 paragraph 1 until he receives a notice that the authorization thereof has been granted or refused.
3 The provisions of Article 6 shall apply mutatis mutandis to the authorization prescribed in paragraph 1.
4 Any person who has obtained the authorization prescribed in paragraph 1, and any person who has engaged in the express business in accordance with paragraph 2, shall be deemed to have obtained the franchise of express business.
(Utilization of Name and Loan of Business, etc.)
Article 9. Any person who has obtained the franchise of express business (hereinafter referred to as "express carrier" ) shall not allow any other person to utilize his name for the purpose of express business.
2 An express carrier shall in no case allow any other person to operate express business whether by means of loan of business or by any other means.
(Management of Business)
Article 10. As the entrust or to be entrusted the management of express business of an express carrier, the permission of the Minister of Transportation shall be obtained.
2 In case the application for permission prescribed in the preceding paragraph has been received, the Minister of Transportation shall, when he deems that the application referred to conforms to the following standards, grant permission thereto:
(1) That it is necessary to provide continued operation of the business referred to;
(2) That the person who receives trust is one who is able to properly operate the business referred to.
(Suspension and Abolition of Business)
Article 11. Any express carrier shall, when he intends to suspend or abolish the whole or a part of his business, obtain permission of the Minister of Transportation.
2 The Minister of Transportation shall, when there is an application for permission of the preceding paragraph, give permission thereto, except in case he finds that there are apprehensions that the public convenience is extremely injured by the suspension or abolision thereof.
(Alteration of Business Planes)
Article 12. An express carrier shall, when he intends to alter business plans, obtain the authorization of the Minister of Transportation;provided that this shall not apply in cases where he has obtained the authorization of the Minister of Transportation as prescribed in the following Article, or in such cases as are provided for by Ministerial Ordinance.
2 In the case of receiving application for authorization under the preceding paragraph, the Minister of Transportation shall, when he deems that the application referred to conforms to the following standards, give authorization thereto:
(1) That there in no apprehensions of injuring public convenience by the alteration of business plans;
(2) That there is no apprehensions of the express carriage becoming extremely unproportional to the demand of the general public by the alteration of business plans;
(3) That there is no apprehension of extremely lowering the efficiency of goods transportation by railway as a result of the alteration of business plans.
(New Employment of Motor Vehicles)
Article 13. Any express carrier who is not employing motor vehicles for the purpose of express business shall, when he intends to employ motor vehicles newly for the purpose of express business, obtain the authorization of the Minister of Transportation.
2 In the case of receiving application for authorization under the preceding paragraph, the Minister of Transportation shall, when he deems that the application referred to conforms to the following standards, give authorization thereto:
(1) That the transport capacity supplied by motor vehicle to be employed is proportionate to the demand for collection and delivery of goods for the business referred to;
(2) That the employment of motor vehicles is necessary to provide the efficient operation of the business referred to.
(Suspension of Business and Revocation of Franchise)
Article 14. When any express carrier comes under any one of the following items, the Minister of Transportation may order to suspend the express business limiting a period the express business, or revoke the franchise thereof:
(1) When the Law or orders under this Law, or disposition thereunder, limitation of the scope of service under the provisions of Article 4 paragraph 3, or conditions attached to the franchise, permission, authorization or approval has been violated;
(2) When the matters for which authorization or approval has been obtained are not executed without any proper reason.
(Special Provisions for Truck Transport Carriers)
Article 15. When the Minister of Transportation has designated the railroad stations by which the business is to be operated, a person who holds the franchise of truck transportation business as prescribed in Article 10 of the Road Transportation Law (Law No.191 of 1947) shall be deemed to have obtained the franchise of express business as to the business performing the action as prescribed in Article 2 paragraph 1 item (3), in regard to the application of Article 4 paragraph 1, Article 9, Article 10, Article 14, Article 16, Article 17, Article 20 to Article 22 inclusive, Article 26, and Article 27.
(Invalidity of Franchise)
Article 16. The franchise of express business shall become invalid as to the scope referred to in the following cares:
(1) When a railroad station by which the business is to be operated has abolished the business of goods transportation;
(2) When a railroad station by which the business is to be operated in the case of franchise of express business in which the kinds of goods to be handled have been limited, has abolished the business of transporting the said goods;
(3) When a permission for abolition of business has been obtained.
(Obligation for the Acceptance of Express Carriage)
Article 17. No express carrier shall, except in the following cases, refuse to accept any express carriage:
(1) When the application for the express carriage referred to does not conform to the clauses of express carriage for which authorization has been obtained in accordance with the provisions of Article 21;
(2) In case a consignor does not declare clearly in accordance with the provisions of Article 19 paragraph 1, or does not give consent to the inspection in accordance with paragraph 2 of the same Article;
(3) In case special burden is required by a consignor with regard to the express carriage referred to;
(4) In case the express carriage referred to is contrary to the provisions of laws and orders, public safety, or good morals;
(5) In case of hindrance due to natural calamities or other unavoidable reasons.
(Order of Express Carriage)
Article 18. An express carrier shall entrust goods for conveyance to the railways in such order as they have been applied for express carriage;provided, that this shall not apply in cases where there is a just reason concerning railway transportation or any other proper reason.
(Confirmation of Kinds and Nature of Goods)
Article 19. Any express carrier may, when there is an application for express carriage, require the consignor to declare clearly on the kinds and nature of the goods.
2 In the case of the preceding paragraph, any express carrier may, when the declaration of the consignor on the kinds and nature of goods is unclear, inspect them in the presence of the consignor with the consent thereof.
3 An express carrier shall, when the kinds and nature of goods are found identical to the declaration of the consignor in case the express carrier has inspected them in accordance with the provisions of preceding paragraph, compensate for any loss caused thereby.
4 When the kinds and nature of goods are found to differ from the declaration of the consignor in case the express carrier has inspected them in accordance with the provisions of paragraph 2, the consignor shall bear the expense incurred by the inspection.
(Rates and Charges)
Article 20. An express carrier shall fix the rates and charges of express business and obtain the authorization of the Minister of Transportation. The same procedure shall apply in cases of alteration thereof.
2 The Minister of Transportation shall, when he gives authorization pursuant to the preceding paragraph, do so in accordance with the following standards:
(1) To cover the reasonable cost of the service under efficient management and the reasonable profit;
(2) Not to make unjust discrimination to specified consignor or consignors.
3 The rates and charges shall be separately stated as to collection, derivery, handling, loading, unloading and other classification of services, and shall be uniformly applied.
(Clauses of Express Carriage)
Article 21. An express carrier shall fix the clauses of express carriage and obtain the authorization of the Minister of Transportation. The same procedure shall apply in cases of alteration thereof.
2 The Minister of Tansportation shall, when he gives authorization of the preceding paragraph, do so in accordance with the following standards:
(1) That there is no apprehensions of injuring the proper interest of the general public;
(2) That at least the matters concerning acceptance and delivery of goods, receipt of rates and charges as well as the responsibility of express carrier is clearly prescribed.
(Public Notice of Rates, Charges and Clauses of Express Carriage)
Article 22. An express carrier shall give public notice of its rates, charges and clauses of express carriage thereof at a conspicuous place to the general public in the office and other places of business.
(Deposit of Unclaimed Goods)
Article 23. In cases where it is impossible to make delivery of goods by any reason for which express carrier is not responsible, express carrier may deposit such goods to a warehouse operator at the expense of the consignor.
2 Express carrier shall, in case he has deposited goods in accordance with the provisions of the preceding paragraph, notify the consignor to that effect without delay.
3 Express carrier may, when a warehouse certificate has been issued in case goods have been deposited in accordance with the provision of paragraph 1, deliver such certificate in place of delivery of the goods.
4 Express carrier may retain a warehouse certificate until the expense referred to in paragraph 1 has been paid.
(Sale by Auction of Unclaimed Goods)
Article 24.. Express carrier may, in case the consignor and the person to whom the goods shall be delivered are both unascertainable, when, after three months of the public notice which were made in accordance with the procedure as provided for by Ministerial Ordinance, the person entitled to the goods was still unascertainable, sell the goods by auction;provided that perishable goods may be sold by auction in case three months have not elapsed after public notice.
2 Express carrier may, in case the person to whom the goods shall be delivered are unascertainable, when, after notifying the consignor to give order concerning the disposition of goods within a reasonable term and the consignor does not give the order, may sell the goods by auction;provided that perishable goods may be sold without notifying.
3 Express carrier may, in case the person to whom the goods shall be delivered refuses to receive or is unable to receive thereof, when after notifying to receive the goods by fixing reasonable term, and, after the lapse of the above term, notifying again the consignor to give order concerning disposition within reasonable term, the consignor does not give any order, sell the goods by auction;provided that perishable goods may by sold by auction without notifying.
4 Express carrier shall notify to the consignor when he has sold goods by auction in accordance with the provision of paragraph 2, and to the consignor and the person to whom the goods shall be delivered when sold by auction in accordance with the provision of the preceding paragraph, to that effect without delay.
5 When auction has been effected in accordance with the provisions of paragraphs 1 to 3 inclusive, the proceeds shall be deposited;provided that the whole or a part thereof may be appropriated to rates, charges, advances or expenses required for custody, public notice, notifying or sale by auction.
(Accounting)
Article 25. Express carrier shall deal with the affairs of accounting by keeping books or documents of such form as fixed by Ministerial Ordinance.
(Orders to Improve Business)
Article 26. When the Minister of Transportation deems that the public interest is injured concerning the services of express carrier, he may issue orders to express carrier as enumerated below:
(1) To alter the business plans;
(2) To alter tates, charges, and clauses of express carriage.
(Incidental Services)
Article 27. The provisions of Articles 20 to 22 inclusive, and the preceding Article shall apply mutatis mutandis with respect to such services performed by express carrier as incidental to express business as packing, custody, sorting, collection of prices of goods or making advance and with respect to other services incidental to express business.