CMR: the basis for international contracts
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HE CMR — that's the simple tie of a book by Alan E.
)onald on a complex subject. or the initials stand for the :onvention on the Contract for le International Carriage of ;clods by Road, which is the asis for all contracts involving oods transport by road across Tternational boundaries. The CMR is said to be the rst major publication to deal, 1 English, with this subject. Alan Donald has for the past 0 years specialised in omestic and international lotor and goods in transit asurance with Notcutt's, the isurance brokers.
The author points out that ae CMR Convention extends :s influence and application to, 3r example, United Kingdom omestic hauliers, that is to ay, those hauliers whose ehicles never leave these hores.
Many loaded trailers leave ur shores or arrive here naccompanied, requiring .active units to take them from oint of origin in the United ingdom or to deliver them to nal destination in Britain. If the UK domestic haulier 7,.cepts the goods for transit in tis fashion and accepts the MR Consignment Note, he is !volved in and liable under MR in the same manner as an ternational haulier,
Further, if goods are anshipped en route in the UK Dm, for example, a brokenawn international vehicle to a amestic haulier, with the CMR nsignment Note, again that 3ulier is involved in CMR. In the case of some domestic milers whose drivers seek turn loads, there is the stinct possibility that the iver may involve his
nployer in a CMR Contract, in -nilar fashion, without his nployer's knowledge.
These are but two examples what the haulage trade and e insurance market in the UK lye come to call "Unwitting OR" and, of course, "own iods" carriers who seek or rry return loads can be nilarly implicated.
So far 23 States have either jfied the Convention or ceded to it and are intracting Countries.
These are: Austria, Belgium, Bulgaria, Czechoslovakia, Denmark, Federal Republic of Germany (including Land Berlin), Finland, France, German Democratic Republic, Greece, Hungary, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, United Kingdom, Spain, Sweden, Switzerland and Yugoslavia.
The Carriage of Goods by Road Act 1965 carries most of the information about the operation of CMR that is required by those engaged in international road haulage of goods.
Section 14 (2) of the Act attempts to do what the Convention itself, surprisingly enough says the author, fails to do — to define those persons who are concerned in the Contract to carry goods for hire or reward by road internationally. Thus: "(2) The persons who, for the purposes of this Act, are persons concerned in the carriage of goods by road under a contract to which the Convention applies are: (a) the sender, (b) the consignee, (Cl Any carrier who, in accordance with article 34 in the Schedule to this Act or otherwise, is a party to the contract of carriage, (d) any person for whom such a carrier is responsible by virtue of article 3 in the Schedule to this Act, (e) any person to whom the rights and liabilities of any of the persons referred to in paragraphs (a) to (d) of this sub-section have passed (whether by assignment or assignation or by operation of law).
Alan Donald says that, clearly in the commercial world, a number of people are concerned in CMR when a contract is made and carried out to haul goods (for reward) in vehicles internationally. These include: The consignor; consignee; haulier; insurers of the goods for the consignor or consignee; insurers of the hauliers' liability; insurance brokers of those interested parties; and, if things go wrong, the claims managers, the loss adjusters, recovery agents, solicitors, and so on. So they need an understanding of CMR.
Alan Donald's book explains the CMR Convention in simple language, but it is not merely a book for beginners.
The book details the growth of the Convention and explains, point by point, the meaning of the various clauses which give rise to most dispute. Where English Case Law is available, the author quotes examples to back up comments.
Finally, the book details in nine appendices various legal texts referring to CMR including English, French, German, Dutch and Italian texts of the Convention, enabling easy comparison between different languages.
The need for a publication such as The CMR has been underlined for the FTA by the response of the 2,000 shipping managers who took part in the recent FTA export seminars on the new export procedure due to come into force on October 1, 1981. The International Department was staggered at the numbers who did not know of the existence of CMR or what it meant to them.
Copies are available to FTA members at C14.25 (£15.50 to non-members) from the International Department.
The CMR is published by Derek Beattie Publishing, PO Box 29, Twickenham TW1 3BN.
*John Durant