Basic conditions for international road transport
International road transport of goods in European countries, including Russia and many CIS countries, is carried out on the basis of the provisions of the CMR, concluded in Geneva in 1956 (entered into force for the USSR (successor to Russia) on December 1, 1983). In Latin writing, the Convention sounds like CMR.
This Convention applies to any contract on international road transport of goods. When the place of loading of the goods and the place of delivery specified in the contract are in the territory of two different countries, of which at least one of the parties is a party to the Convention.
If a motor vehicle is transported along a part of the transportation route along with the goods carried by sea, rail, inland waterway or by air, this Convention applies to the entire carriage.
Under the provisions of this Convention, the carrier is responsible both for his actions and omissions, and for the acts and omissions of his agents and all other persons to whose services he resorts for transportation.
The contract of carriage is established by an international consignment note, called in the operational terminology of the waybill ( CMR ), according to the Latin abbreviation of the name of the Convention itself. The form of the DML bill is given in Appendix 18.
The sender has the right to dispose of the goods, in particular, to require the carrier to stop the transportation, change the place provided for the delivery of goods, or deliver the goods to the recipient that is indicated in the consignment note. The sender loses this right from the moment when the second copy of the consignment note is transferred to the recipient.
The carrier is responsible for the total or partial loss of the cargo or for its damage that occurred between the acceptance of the goods for transportation and their delivery to the recipient. The carrier shall be relieved of this responsibility if his fault is not present or circumstances have occurred that the carrier could not avoid. The carrier can not invoke the defects of the motor vehicle with a view to abdicating responsibility.
A person entitled under the contract may consider the goods lost if it has not been delivered within 30 days after the time set in the consignment note. If the period has not been determined, within 60 days from the day the cargo was accepted by the carrier. A person entitled under the contract may, upon receipt of compensation for the lost goods, request in writing for his immediate return if the goods are found within the year following the payment of the refund.
When the carrier is obliged to repair the damage caused by the total or partial loss of the cargo, the amount of the refundable amount is determined on the basis of the value of the goods and in the place at the time of acceptance for transportation. The value of the goods is determined on the basis of an exchange quotation, the current market price or the usual value of a commodity of the same kind and quality.
In addition, transportation charges, fees and charges, as well as other possible costs associated with transportation, are subject to reimbursement. The carrier is obliged to compensate for the damage caused by the delay in delivery if it is proved that the delay caused damage. In the event of damage to the goods, the carrier pays the amount corresponding to the depreciation of the goods. If the consignee accepted the goods and did not establish the condition of the goods in the presence of the carrier, and subsequently appreciable losses or damages were identified, it is considered that the consignee accepted the goods in the proper condition described in the consignment note.
The filing of claims that may arise as a result of transport performed in accordance with the Convention can be carried out within one year. However, in the case of a malicious act or guilt, which according to the law is applied to the malicious act applied by the court, the period is set at three years.
The term is calculated:
• in case of partial loss of cargo, damage to it or delay in delivery from the date of delivery of the goods;
• in case of loss of the whole cargo from the 30th day after the expiration of the period established for transportation or, if it was not specified, from the 60th day upon acceptance by the carrier
• in all other cases after the expiration of a period of three months from the date of conclusion of the contract of carriage.
The submission of a complaint in writing suspends the period until the day when the carrier in writing rejected the claim with the return of the documents attached to it.
If the carriage, the terms of which are determined by a single contract, is carried out by several carriers, each of them is responsible for the whole transportation, the second carrier and each subsequent become due to the acceptance of the goods and the waybill by the parties to the contract on the terms specified in the invoice. The carrier, who receives the cargo from its predecessor, gives the latter a signed and signed receipt. He must mark the name and address on the second copy of the consignment note. The carrier who has paid for the damage, according to the provisions of the Convention, has the right to recover compensation for damage from other carriers participating in the implementation of this contract of carriage. In case of insolvency of one of the carriers, the part of the compensation due from him and the part of the compensation that he has not paid shall be distributed among all carriers in proportion to the remuneration for the transportation that falls to each of them.
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