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HAULAGE
Page 67
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BULLETIN
VOLUME 1 NUMBER 3 DECEMBER 1997
Heading overseas?
You could be liable!
How many UK road hauliers appreciate the substantial legal and financial liabilities involved when undertaking international journeys? Haulage Bulletin spells out the potential problems.
DOMESTIC HAULIERS making their first international trips may be forgiven for overlooking such complexities as their legal liability for loss or damage to the goods. But they would be well advised to consider this area before disaster strikes and they are faced with a substantial compensation claim based on load values well above the normal UK goods-in-transit insurance value (of around £1,300 per tonne).
• CMR: International road haulage journeys from the UK are automatically bound by CMR (the Convention on the Contract for the International Carriage of Goods by Road 1956, adopted in the UK under the Carriage of Goods by Road Act 1965). This applies to all contracts for the hire-or-reward of carriage of goods between two countries, one of which is a party to the convention. Hauliers =mot avoid this liability by choice, by failing to take out adequate insurance cover, or even by feigning ignorance of its implications.
• JOINT LIABILITY: If goods in transit are handled by a number of carriers on an international journey and damage or loss results which cannot be attributed to any one of them, liability for claims is divided between them in proportion to their share of the total carriage charges. But if one or more of them is unable to meet their share of the liability, it will have to be met by the remaining carriers.
• EXEMPTIONS: The only exemptions to CMR are carriage under an International Postal Convention and domestic furniture removals to international destinations. CMR does not apply to journeys between the UK and the Republic of Ireland, or between the UK and the Channel Isles.
• PROVISIONS: The Convention applies to the complete carriage, whether wholly or International operators need adequate insurance coven lb.
partly by road (as long as the goods remain in the original vehicle). The contract is confirmed by a CMR consignment note comprising three original copies signed by the carrier and the sender. They keep one copy each while the third travels with the goods. Carriers must check the details in the consignment note and the condition of the goods and their packaging. The sender is responsible for all expenses and losses sustained by the carrier resulting from inaccuracies in the consignment note based on information he supplied, and due to defective packing of the goods, unless this was made known to the carrier when taking over the goods.
• INFORMATION: The sender must provide the carrier with the necessary documents to complete Customs formalities. The carrier must provide the consignee with a copy of the CMR note when deliver• ing the goods. When dangerous goods are consigned, the carrier must be informed of the danger and the precautions to be taken.
• COMPENSATION BY CARRIER: A carrier who fails to follow the instructions on the consignment note, or who has followed them without requesting the first copy of the note to be produced, is liable for loss or damage caused by such failure. The carrier is responsible for the actions and omissions of his agents and any other persons whose services are used.
The carrier is also liable for the total or partial loss of the goods, and for any damage occurring between taking over the goods and their delivery, unless this was caused by a wrongful act or neglect of the claimant—and the burden of proof rests with the carrier. Goods will be considered lost if they are not delivered within 30 days of a specified time limit, or within