CMR note essential in Germany RHA international group told
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1"1 HE international group of the RHA at -L a recent meeting received a report on the negotiations in June which led to the conclusion of an arrangement between the Ministry of Transport and its counterpart in the Bundesrepublik to facilitate AngloGerman haulage. It was noted that the arrangement would come into effect on October 1 and would be subject to a quota. It was emphasized that the Germans would enforce most strictly the requirements for hauliers to carry a proper CMR Consignment Note.
British hauliers would also be expected to observe German tariff law in respect of the German part of the international movement. There would be no limit to the permitted number of furniture removals, although licences would be required.
Another major item of discussion was the interpretation of Articles 34-40 of the CMR convention which relate to the liabilities of successive carriers. There was a divergence of opinion, one school of thought maintaining that sub-contractors towing trailers on international work in this country could be made fully liable under the Convention, another viewpoint considering that recent court decisions on the Continent showed that a successive carrier could not be held liable.
Reference was made to the many firms in international road transport who only had semi-trailers. In this connection it was thought that the main point was as to whose name appeared on the consignment note as carrier and who negotiated the contract of carriage with the customer or consignor. It was unanimously agreed that members should bring to the attention of their sub-contractors the important question of possible liability under Articles 34-40, although further clarification of the position must be awaited in the light of experience once the Convention became effective in Great Britain after October 1.