Carriage of dangerous goods according to the CMR Convention

Carriage of dangerous goods generally associated automatically with the European Agreement concerning the international carriage of dangerous goods by road (ADR). Meanwhile, the CMR Convention, this agreement would not determine the liability of parties to a contract of carriage for breach of the transport of hazardous items.

Administrative rules and regulations of civil law

In determining the obligations of the carriage of dangerous goods, Start your crucial distinction. Mentioned provisions of the ADR Agreement and the CMR Convention are not in fact the same character. The ADR is a measure of administracyjnoprawnym therefore determined primarily by the obligations for public authorities. For their non-threatening, therefore, also the penalty imposed by the State, and not just any claim by another participant in the transport. In contrast, in the case of the CMR Convention - its provisions apply only to mutual rights and obligations of the parties. Board under the provisions of the Convention can therefore be forced to pay damages to any other entity, but no longer bear the responsibility to the state in the form of administrative or criminal penalties.

Does this mean, that these legal regimes are competing against each other? On the contrary - complement each other. The content of the ADR Agreement is affected by this, how to behave should the contract of carriage of dangerous. CMR Convention and ultimately determines their mutual claims in case of breach of service with. A fairly common mistake, however, is appealing for the transport of dangerous goods only to ADR without significant regulations of the Convention.

Dangerous goods not only from the ADR

It is worth noting, that provisions of the Convention concerning the dangerous goods have a wider application than the ADR. It is generally accepted because, that the ADR agreement does not contain an exhaustive list of dangerous goods and for such goods within the meaning of the Convention may also pass other items. Developed under the Convention so the general definition of dangerous goods (though not included in the same legislation), which is any good, which in the ordinary course of transit may pose a direct threat to people and property. Such goods are dangerous in themselves, and not only can become dangerous in certain circumstances. For this reason might prove to be dangerous goods are also classified as dangerous in the various national legislations (though not in the ADR). What is more the parties may determine for itself, which categories of items are considered hazardous under the Convention. An example may serve the general conditions of carriage applied by UK carriers Road Haulage Association, which alone is the list of dangerous goods.

Information requirements sender

According to art. 22 paragraph. 1 Convention delegating consignor the carrier carrying dangerous goods, must accurately describe, the danger and indicate if necessary, what precautions should be taken. The rule is, that such information should be placed on the consignment - standard printing CMR contains the appropriate box to type in this type of information. If the consignment does not find a suitable reference, to the sender or recipient (depending on, which has the right of redress) It will be shown, that the carrier knew the danger of the carriage of these goods.

It should be remembered, that the sender knows the precise characteristics of the product and should be precise in informing about the risks, and take into account, that the carrier does not necessarily have the same knowledge about the product. Thus, in court decisions have already observed, that administration of the consignment only name of the chemical is not sufficient, because the carrier does not have to be a professional chemist, and identification of the consignment as harmless chemicals in situations, when the product is at least partially toxic, constitutes a flagrant violation of the obligations broadcasters.

It appears at this point the question: whether the carrier has a duty to inquire about the specific characteristics of the sender of the product, or may be limited to the adoption of statements of the sender? Quite widely accepted, that such an obligation does not rest upon the carrier, subject to, that if he knows from personal experience about the danger posed by the product, can not be satisfied with finding the sender, that the product is not hazardous.

These regulations are supplemented by provisions of the ADR, which requires, the shipper to the carrier prepared written instructions on the goods transported in a number of different languages (depending on the country, through which the transport will take place. It is worth mentioning, that one of the decisions of German courts had, that the mere presentation instructions not exempt from inclusion in the bill of lading hazard class product, and the sender in such a situation is liable for damage caused to the carrier for goods transported.

Carrier powers and responsibilities of broadcasters

Failure by the sender to provide the relevant information, serious consequences to the carrier. First of all, the Convention gives the carrier a very broad powers to eliminate the risks of dangerous goods. According to art. 22 paragraph. 2 Convention if the carrier did not know about the danger posed by the goods, have the right at any time unload dangerous goods, destroyed or disposed of without compensation. The provision does not place additional carrier further requirements, but it is assumed, that - if the situation allows it and there is no direct threat from cargo - the carrier should attempt to contact the sender for instructions before deciding to discharge the cargo and destruction.

Sender, breach of their duties, however, is not only vulnerable to the loss of load, but also the need to reimburse the carrier for any costs and cover any losses incurred by the carrier in connection with the carriage of dangerous goods. In particular, they can enter the penalty is incompatible with the transport of consignments posing a threat. The sender's responsibility in this regard is absolute and the sender can not break free from it in any way, in particular by showing, that is not to blame for the lack of information (such as. did not know about the dangerous nature of the cargo). This provision is extremely rigorous, but justifies it a real threat, posed by violations of disclosure obligations by broadcasters.

One may ask – in the light of the severe penalties of civil, administrative and criminal contempt cases such disclosure and criminal on the part of broadcasters to happen? With a large contact with the transport industry in this connection with the carriage of dangerous goods discovered in horror – as a regular participant in road traffic – that such cases are not uncommon. This applies especially to transport chemicals, which tends to be regularly sent via delivery by courier courier popular (sic!). Unfortunately, the control system is not working properly, although it would not require special measures to improve the current state of affairs – regularly enough actors, known, that such reagents need or produce them.

The liability of the carrier

The Convention not regulated separately the carrier's liability for damage to shipments of hazardous. In some cases - in the absence of instructions from the sender - the carrier will be able to rely on the natural properties of the consignment, as a basis for exclusion of liability. In other action against the sender's instructions can lead to increased carrier liability for gross negligence.

The Convention should not in principle apply to any third party claims for damages caused by such. by leakage of hazardous substances. These claims are governed by the applicable national law, although according to some commentators, to a limited extent (np. limitation) also in this case, the Convention will be applied.