Mail Transportation Entrusting Law
法令番号: 法律第284号
公布年月日: 昭和24年12月26日
法令の形式: 法律
I hereby promulgate the Mail Transportation Entrusting Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-sixth day of the twelfth month of the twenty-fourth year of Showa (December 26, 1949)
Prime Minister YOSHIDA Shigeru
Law No.284
Mail Transportation Entrusting Law
Contents
Chapter I General Provisions(Articles 1・2)
Chapter II Method of Entrusting the Service
Section 1 In Case of Open Competitive Contract or Contract at Discretion(Articles 3-7)
Section 2 In Case of Requirement by the Minister of Postal Services(Articles 8-15)
Chapter III Performance of Mail Transportation Service(Articles 16-20)
Chapter IV Penal Provisions(Articles 21-24)
Supplementary Provisions
Chapter I General Provisions
(Purpose of this Law)
Article 1. The purpose of this Law is to prescribe matters necessary for the case where the Minister of Postal Services shall entrust the collection, transportation and delivery of mails (hereinafter referred to as "transportation, etc." ) to transporters, etc., and to make the transportation, etc. of mails regular and smooth.
(Cases Where Transportation, etc. are Entrusted)
Article 2. The Minister of Postal Services may, in accordance with the provisions of this Law, entrust the transportation, etc. of mails to others, in case where he deems it economical and yet finds no obstruction in the business of the transportation, etc. of mails.
Chapter II Method of Entrusting the Service
Section 1 In Case of Open Competitive Contract or Contract at Discretion
(Open Competitive Contract)
Article 3. In case the Minister of Postal Services entrusts the transportation, etc. of mails, he shall make an open competitive contract. However, the same shall not apply to the cases mentioned in the next Article and Article 8.
2 Whoever intends to join the competition under the provision of the preceding paragraph, shall be those deemed by the Minister of Postal Services to have necessary ability for the transportation, etc. and to cause no trouble in making them conduct the service.
(Contract at Discretion)
Article 4. The Minister of Postal Services may entrust, by a contract at discretion, the transportation, etc. of mails only in the following cases. In this case, it is not necessary to consult with the Minister of Finance, regardless of the provisions of the proviso to Article 29 of the Accounts Law (Law No.35 of 1947):
(1) In case of the absence of bidders or successful bidder;
(2) In case where the successful bidder fails to conclude a contract;
(3) In case the contracter fails to fulfil the matters fixed in the contract and necessity arises therefor to entrust to others;
(4) In case, when the person or legal entity conducting the transportation service by such sorts of transportation facilities as may be needed for the mail transportation falls under any one of persons or legal entities listed in Article 8 paragraph 1 items (1) to (3) inclusive, and such a person or legal entity is less than two in number in the section of transportation, the transportation facilities which are now being operated by the abovementioned person or legal entity are made use of;
(5) In case the mail transportation, etc. are chiefly performed by labor without, utilizing the transportation facilities by motive power;
(6) In case the mail transportation, etc. are temporarily required on account of natural calamity or other reasons.
2 The contract at discretion provided for in the preceding paragraph may neither be made at the price of more than that fixed at the first competition in case of item (1) of the same paragraph, than the contract price accepted by the successful bidder in case of item (2) of the same paragraph, or than the contract price fixed for the contractor concerned in case of item (3) of the same paragraph, nor with any alteration of the other conditions except for the period.
(Standard of Transportation Charges)
Article 5. The transportation charges shall, in case where the transporter as mentioned in Article 8 paragraph 1, conducts mail transportation in accordance with the provisions of the preceding two Articles, he based on the transportation cost plus the fair and reasonable profit. However, in case the transporter is the transportation enterprise the whole capital of which has been invested by the government, or is the local public body, the transportation charges shall be based on the transportation cost.
2 The standard of the transportation charges under the preceding paragraph, shall be fixed by the Minister of Transportation after consultation with the Minister of Postal Services in advance and after inquiry to the Transportation Council prescribed in Article 5 of the Ministry of Transportation Establishment Law (Law No.157 of 1949) with high regard to the decision thereof.
3 In case the Minister of Transportation receives, relating to the modification of standard of the transportation charges, the recommendations of the Transportation Council, in accordance with the provisions of Article 7 of the Ministry of Transportation Establishment Law, he may, after consultation with the Minister of Postal Service, modify it with high regard to the recommendations thereof.
(Exception to Restrictions by Laws and Orders concerning Transportation on Utilization for other Purpose than that Sanctioned)
Article 6. In case no transporter operating transportation business in the specified section by means of the same sort of transportation facilities as is necesary for the mail transportation, etc., is available, a person or legal entity who operates such transportation facilities in that section, though for his own use, may conduct the service of the transportation, etc. of mails, concluding the contract mentioned in Article 3 or 4 with the Minister of Postal Services.
2 In case the Minister of Postal Services makes the contract under the preceding paragraph, he shall consult in advance with the Minister of Transportation.
(Period of Contract for Transportation, etc.)
Article 7. The period of contract for mail transportation, etc. shall not exceed four years.
Section 2 In Case of Requirement by the Minister of Postal Services
(Requirement of Transportation)
Article 8. The persons or legal entities listed below (hereinafter referred to as "transporters" ) shall, in accordance with the provisions of this Section, transport mails or make necessary conducts with regard to mail transportation, when so required by the Minister of Postal Services:
(1) Japanese National Railway;
(2) Person or legal entity who operates a private railway enterprise by the Private Railway Law (Law No.52 of 1919);
(3) Person or legal entity who operates a tramway enterprise by the Tramway Law (Law No.76 of 1921);
(4) Person or legal entity who operates a transportation service by regularly operated ship on fixed routes for the purpose of the public traffic;
(5) Person or legal entity who operates automotivecar traffic business on fixed routes;
(6) Person or legal entity who operates a cable-car enterprise;
(7) Person or legal entity who operates a public transportation service other than those mentioned in the preceding items by regularly operated vessel, carriage or pack-horse on fixed water or land routes for the purpose of the public traffic.
2 Requirements by the Minister of Postal Services in accordance with the provisions of this Section, shall be what are made to the transporter concerned, only in the case where the contract mentioned in Article 3 or 4 fails to be concluded between the Minister of Postal Services and the transporters, or where the transporters conducting mail transportation in accordance with the contract mentioned in Article 3 or 4 fail to perform the matters fixed in the contract and yet the requirements shall be those of the minimum necessity for regular and smooth transportation of mails, and never be those which impose on the transporters concerned any special obligation, unless otherwise prescribed in this Section.
3 The period for the performance of the service by the transporters in accordance with the requirements made by the Minister of Postal Services under the provisions of this Section shall not exceed one year.
4 In case the Minister of Postal Services desires to to make a requirement concerning the mail transportation to the transporters in accordance with the provisions of this Section, he shall consult in advance with the Minister of Transportation.
5 In case the Minister of Postal Services makes, in accordance with the provisions of this Section, a requirement concerning the mail transportation to the transporters, he shall admit, except in case of emergency, such a preparation period within the limits of not less than 30 days necessary for the execution thereof.
(Furnishing of Mail Car, etc.)
Article 9. Transporters operating transportation business by railway (hereinafter referred to as "railway transporters" ), when requested by the Minister of Postal Services, shall connect necessary cars equipped with such facilities as required for the transportation of mails (hereinafter referred to as "mail car" ) to the regularly operated train, and transport the mails.
2 In case it is impossible to transport the mails by the regularly operated train on account of a large quantity of them or a natural calamity, etc., the railway transporters, when requested by the Minister of Postal Services, shall connect temporarily mail cars, or cars substituting therefor to other train than that operated regularly, and transport the mails.
3 In the cases mentioned in the precedingt wo paragraphs, the Minister of Postal Services shall not make a requirement so that the capacity of the mail cars, or cars substituting therefor connected by the railway transporters, may exceed one-fifth of the total capacity of the fixed number of cars of the train concerned.
4 In case the underframes of mail cars or cars substituting therefor connected in accordance with the provisions of paragraph 1 or 2, are made of wood, the railway transporters may not, except in case of emergency, connect them between the cars, the underframes of which are made of other materials than wood.
5 The mail cars or cars substituting therefor connected by the railway transporters in accordance with the provisions of paragraph 1 or 2, shall have the similar grade of strength with passenger cars, and the model of the mail cars shall be such as designated by the Minister of Postal Services.
6 Railway transporters, when required by the Minister of Postal Services shall provide mail cars with facilities necessary for handling of mails and maintain the mail cars so as not to cause any inconvenience in that handling.
(Exchange of Mails at Night)
Article 10. Railway transporters, when required by the Minister of Postal Services, shall receive from the person who engages in the handling of mails (hereinafter referred to as "mail handler" ) and who belongs to a post office the mails loaded on and unloaded from mail cars connected to the trains arriving or departing at night, and deliver them to the mail handler on board the mail cars, or shall receive them from him and deliver the same to the mail handler belonging to the post office.
(Furnishing of Land and Building, etc.)
Article 11. Railway transporters, when required by the Minister of Postal Services, shall, with the object of the loading and unloading, custody and other hand lings of mails, furnish, for the use of the Ministry of Postal Services, the railway lands and buildings, apparatus and equipments or communication facilities in the compound of railway stations, and supply necessary electric power.
(Furnishing of Mail Loading Space, etc. for Moter Vehicles)
Article 12. Transporters who operate automotivecar traffic business on fixed routes (hereinafter referred to as "motor vehicle transporters" ) shall, when required by the Minister of Postal Services, transport mails, appropriating to the loading space of them a part of passenger motor vehicles or trucks operated regularly.
2 In the case under the preceding paragraph, the Minister of Postal Services shall not make a requirement so that the floor space where mails are loaded may, per respective vehicle, exceed that equivalent to one-fifth of the fixed number of passengers in case of a passenger motor vehicle, or one-third of the freight loading floor space in case of a truck.
3 Motor vehicle transporters shall, when required by the Minister of Postal Services, provide, in the mail loading space mentioned in paragraph 1, equipments necessary for mail transportation, and maintain them so as not to cause any inconvenience in the handling of mails.
(Furnishing of Mail Room, etc. on Ships)
Article 13. Transporters who operate transportation services for the use of the public traffic by regularly operated ship on fixed routes (hereinafter referred to as "ship transporters" ) shall, when required by the Minister of Postal Services, transport mails, appropriating a part of ships to the loading space of them.
2 In case of the preceding paragraph, the Minister of Postal Services shall not make, as for a ship not exceeding fifty gross-ton, such a requirement that the capacity of the part of the ship where mails are loaded may, per respective ship, exceed one-fifth of the capacity corresponding to the fixed number of passengers or of the freight loading capacity.
3 Ship transporters shall, when required by the Minister of Postal Services, provide on the loading space of mails under paragraph 1, equipments necessary for mail handling, and maintain them so as not to cause any inconvenience in that handling.
(Other Requirement for Transportation)
Article 14. In addition to cases provided for in Article 9 paragraphs 1 and 2, Article 12 paragraph 1 and paragraph 1 of the preceding Article, transporters shall, when required by the Minister of Postal Services, transport the mail according to such classification, section, frequency of transportation or time schedule of transportation facilities, as well as methods for the exchange of mails as required by him.
2 The requirement in the preceding paragraph shall not change the facilities, routes or frequency of transportation, time schedule and other methods of the transportation of the transporter concerned, nor the capacity or floor space of cars, vehicles or ships utilized for the transportation shall exceed the limits fixed in Article 9 paragraph 3, Article 12 paragraph 2 or paragraph 2 of the preceding Article.
(Compensation)
Article 15. In case transporters transport mails or render facilities or service at the requirement of the Minister of Postal Services in accordance with the provisions of this Section, the Minister of Postal Services shall pay a reasonable compensation to the transporters concerned.
2 The amount of compensation under the preceding paragraph shall be fixed by the Minister of Postal Services after consultation with the Miniter of Transportation. In this case, the amount shall, in case of compensation for the transportation of mails, be based on the standard to be provided for in the provision of Article 5 paragraph 2, and shall, in case of compensation for the use of lands and buildings, etc., be based on the rent ordinarily paid when such facilities are rented, and it shall not, in case of compensation in other instances, be fixed at the amount less than that of loss to be entailed ordinarily.
3 The Minister of Postal Services shall, when be has fixed the amount of compensation in accordance with the preceding paragraph, notify the transporter concerned of that effect without delay.
4 In case the transporter is dissatisfied with the amount of compensation under paragraph 2, he may claim by lawsuit to have the amount increased, provided that if shall not apply when one month has elapsed from the day of his receipt of the notification under the preceding paragraph.
Chapter III Performance of Mail Transportation Services
(Basic Principle or Performance of Mail TransportaServices)
Article 16. Any one who conducts mail transportation, etc. shall handle mails by himself securely, accurately and expeditiously.
(Restrictions on the Use of Mail Car or Mail Boat, etc.)
Article 17. No person shall load on cars, vehicles, ships, horses or the compartments of cars or of ships actually used exclusively for mail transportation anything other than mails or articles which are actually used for the mail transportation, or shall permit to get aboard any person other than mail handler or persons carrying a certificate issued by the Minister of Postal Services for the performance of their duties;however, this shall not apply to the case where the transporter concerned makes his personnel get aboard for the performance of their duties.
(Emergency Treatment of Mails)
Article 18. In case, any person conducting mail transportation, etc. has suspended the transportation in the course of transmission of mails on account of a natural calamity, etc., he shall take measures without delay to continue the transportation, etc. except in the case of the next paragraph.
2 Whenever, in case any person conducting mail transportation, etc. has suspended the transportation in the course of transmission of mails on account of a natural calamity, etc., the transportation can not be continued and there are no mail handlers aboard, the mails shall be sent without delay to the nearest post office. However, this shall not apply to the cases where the mails heve been put in custody and notified to that effect to the nearest post office when it is difficult to send them to that office or when there is any other justifiable reason.
3 In case the person conducting mail transportation, etc. has taken measures provided for in the preceding two paragraphs, the Minister of Postal Services shall pay expenses incurred therefor.
(Preferential Discharge of Mails)
Article 19. Whenever mails on board the ship are discharged at their destination, they shall be discharged prior to other cargoes. The same shall apply to the case where they are transshipped or discharged in the course of transmission on account of a natural calamity, etc.
(Change of Time Schedule)
Article 20. Whenever any person conducting mail transportation, etc. alters the day and time of departure and arrival of the transportation facilities, he shall notify to that effect to the Ministry of Postal Services not later than seven days in advance at the latest.
2 Whenever any person conducting mail transportation, etc. alters temporarily the time schedule in the preceding paragraph on account of a natural calamity or other inevitable circumstances, he shall immediately notify to that effect to the Ministry of Postal Services.
Chapter IV Penal Provisions
(Offence of Failure in Mail Transportation, etc.)
Article 21. Whoever refuses the mail transportation without good reasons in violation of the provisions of Article 9 paragraph 1, Article 12 paragraph 1, Article 13 paragraph 1 or Article 14 paragraph 1, shall be subjected to a penal servitude not exceeding one year or to a fine not exceeding one hundred thousand yen.
(Offence of Failure to Connect Temporarily Mail Car, etc.)
Article 22. Whoever has offended the provisions of Article 9 paragraph 2 or 4, Articles 10, 11, 17 or Article 18 paragraph 1 or 2, shall be subjected to a fine not more than fifty thousand yen.
(Offence of Failure to Conduct Preferential Discharge)
Article 23. Whoever has offended the provisions of Article 19 or 20, shall be subjected to a miner fine.
(Prescription of Both Punishments)
Article 24. A person or legal entity whose representative, agent, employee or any other person has committed the offence under the preceding three Articles in connection with the business of such a person or legal entity, shall also be subjected to a fine or minor fine of each of the articles in addition to the punishment of the person who has actually committed the offence.
Supplementary Provisions:
1. This Law shall come into force as from the day when 30 days have elapsed, counting from the day of its promulgation.
2. The Law of Mail Transportation by Rail Road and Vessel (Law No.56 of 1900) shall be abolished;however, in applying the penal provisions to the acts conducted prior to the enforcement of the present Law, the old provisions shall still hold good.
3. The Mail Law (Law No.165 of 1947) shall be partially amended as follows:
Article 10 shall be amended as follows:
Article 10. Deleted.
4. The Ministry of Transportation Establishment Law shall be partially amended as follows:
Next to Article 6 paragraph 1 item (3), the following one item shall be added:
(3)-(2) Establishment of the standard of mail transportation charges under the provisions of Article 5 paragraph 2 of the Mail Transportation Entrusting Law (Law No.284 of 1949).
5. Contracts concerning the mail transportation, etc. which exist between the Minister of Postal Services and persons conducting the mail transportation, etc., at the time of enforcement of this Law, shall be regarded as those concluded between the Minister of Postal Services and persons conducting the mail transportation, etc. in accordance with the provisions of this Law at the time of enforcement of this Law. However, the contracts shall not continue to exist more than six months from the day of enforcement of this Law.
Minister of Transportation OYA Shinzo
Minister of Postal Services OZAWA Saeki
Prime Minister YOSHIDA Shigeru