Haulier demands a CMR waiver
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• A long-established haulier is now refusing to carry some time-sensitive loads unless the customer agrees to waive its rights under CMR, the international convention on international transport.
Last week Offshore Transport Services of Scunthorpe accepted an urgent consignment last week for Algeciras in Spain, after the customer agreed that if the truck missed its delivery deadline because of border disputes, full payment would still be made. It is only a "gentlemen's agreement", however, as CMR rules cannot be waived, even by mutual consent.
Offshore director Roy Harbour is taking the stand because last month he lost a court battle to get paid for a Spanish trip. The truck had missed its delivery after being held up for 48 hours by the recent blockade at Irun, but the County Court ruled that article 17 of CMR, covering civil disturbance, offers no protection to the haulier.
Trouble flared up at Iron again last week, following new strikes by Customs men. Police used tear gas to disperse frustrated clearance agents, drivers report.
Harbour sent the time-sensistive load on the ferry to Santander, hoping the trouble would not spread from Trun. His customer, Bridon Wire, had accepted his conditions after reference to its legal department, "We have been working for them for years and they trust us to do the best possible job," says Harbour.
Harbour, who has been running a Spanish service for 25 years, wants CMR to be amended to give better protection for hauliers hit by conditions outside their control, The Road Haulage Association is expected to raise the issue at a CMR conference in Germany this spring.