Controversial dause is being redrafted
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THE LEGAL advisor to the Road Haulage Association is drafting a specimen alternative clause to the controversial 3(4) in the Road Haulage Association's Conditions of Carriage. This clause, which was last redrafted in December 1971, has caused growing antagonism by hauliers' customers.
Where the clause is applied the decision to do so is left to individual operators — the customer indemnifies the haulier against all claims for loss, damage or injury however caused whether or not by the negligence of the carrier, his servants, agents or sub-contractors.
The R HA's commercial committee, which is the watchdog over the conditions of carriage, has received proposals from a working party to introduce three new clauses.One would cover the operator whose vehicles are overloaded by a customer without his knowledge. This could be particularly important to operators picking up containers and semi-trailers coming into the UK from Europe. The second proposal is intended to cover a haulier who has carried zero-rated goods for export and missed the ship. In these circumstances the goods would cease to become exports and be subject to VAT.
The third proposal is intended to give protection to an operator who unwittingly carries goods which are excluded from his insurance policy. This can happen if the consignor fails to declare the full contents of a container in detail.