CMR (Convention Marchandise Routier) is a contract outlining the responsibilities of the carrier by standardizing the conditions of international road transport. This written agreement in Geneva in 1978 and was sent to the world public for the signing by the United Nations in 1979. Our country is the International Road Transport By signing this contract in 1995, it began to perform the obligations under the contract. There are 47 countries that are parties to the said Convention. Germany, Austria, Belgium, Luxembourg, France, Netherlands, Italy, Spain, Portugal, Denmark, Finland, United Kingdom, Greece, Sweden, Ireland, Bulgaria, Croatia, Czech Republic, Estonia, Armenia, Georgia, Hungary, Macedonia, Norway, Lithuania, Latvia, Moldova, Poland, Romania, Russia, Ukraine, Slovakia, Slovenia, Switzerland, Turkey, Bosnia – Herzegovina, Serbia-Montenegro, Kazakhstan, Kyrgyzstan, Morocco, Tunisia, Belarus, Turkmenistan, Uzbekistan, Tajikistan, Iran, Azerbaijan
STRUCTURE CMR Convention countries where applies, linked together in a single legal system form a single jurisdiction. As a result, the Convention can be considered as a separate system alongside the national legal system. The Convention applies to every contract of carriage for the goods taken by at least one of the contracting parties shall be delivered to the place where the transport of goods in two different countries and if the fee highways. This, in a contracting country began or ended and another account held all kinds of international road transport of goods of the (transport made on their own account are not covered by CMR) means will be subject to the CMR rules, except for some exceptions
Articles of Agreement
Article 1 of the Convention in the process of maritime transport of goods, iron, river, canal or the agreement is valid when one of the airline used. However, losses in transportation made with other vehicles, damage, or delay is proven to result from the negligence of road transport, the responsibility of the land carrier is not in accordance with this agreement, the sender considering legal transportation requirements of other vehicle types are resolved between the vehicle operates.
2. The carrier employed by the parties and movements while performing the duties of other people that use the service to make the move and is responsible for omissions as belonging to him.
3. Transport agreement is confirmed by a letter of referral arrangement the company is adapted to 3. 1.suret given to the sender, goes along with surrogates goods 2., 3. Copies are kept by the carrier. CMR transport document is not a document but remuneration is of great importance as evidence. Therefore, it will be appropriate at least one year of storage.
4. Referral Letter must include the following information. a. Date of referral letters and arranged location, b. The sender’s name and address, c. Carrier’s name and address, d. place and date of delivery of the goods, e. name and address of the person who will collect the goods, f. description of the nature of the goods, packaging shape and understandable description of dangerous goods is at stake, g. That consists of several parts, h. gross weight or quantity of goods expressed in another unit, i. Transportation costs (transportation costs, additional costs, customs duties and other costs incurred until the delivery of the contractual agreement), j. instructions for Customs and other formalities, k. Notes that it is subject to the provisions of this agreement transport. matter that they find useful outside of the above considerations party can print the referral letter.
5. The sender will be incurred as a result of the report or report missing any of the above matters are liable for damages and losses and the costs incurred. # 6 of receipt of goods carrier will check the following. a. Part number and letter of referral to the suitability b. The apparent condition of the packaging of goods carrier deprived of making measurements mentioned above, referred to write the letter and appeal records will indicate the cause as well. If there is a deficiency in view of the packaging of the goods it will be specified in the same way again. However, this appeal will adhere to the records referred to in the letter sender will be clearly did not accept this objection is binding.
7. The sender has a gross weight of goods from the carrier or the right to ask them to check the amount expressed otherwise. Also, it can request the control of parts of the content. Carrier has the right to demand control costs. As a result of the checks referred to in the letter is written.
8. The information requested by the sender to attach the necessary documents on the waybill or carrier providing for the fulfillment of customs and other formalities to be completed before delivery of the goods shall provide the carrier. Carrier the accuracy of the information provided in this document and does not need to examine the qualification. The sender is responsible to the carrier due to the lack or inadequacy.
9. sender to stop the transport of the delivery of replacement or referral letter from the carrier where demand can be made to hand over to someone else to specified recipients. However, if the referral letter was delivered to the recipient’s copy of the sending those savings disappear right.
10. Prior to the delivery of goods was shipped instead to bring buyers to the conditions specified in the letter carrier will request instructions from the shipper.
11. After the delivery of the goods to destination, where the circumstances prevent delivery, the sender should ask for instructions from the carrier.
a. If the sender does not accept referral letter to the buyer if the goods are entitled to save these goods without submitting the first copy.
b. Buyer, as long as it did not accept the goods, even though the carrier to the sender may request coming from opposite directions to deliver them.
c. The carrier for instructions as those incurred by the request is entitled to receive back the costs required to fulfill these instructions. However, the costs need to be made because of its flaws and possibility.
D. If the goods are perishable or storage costs in terms of the value of goods on the carrier may sell them without waiting for instructions from the person having the right to dispose of these goods. However, if the goods have been sold in this matter should be the costs of the goods after the money obtained from sales at the disposal of the person entitled to save them. If the expenditure is more than money obtained from selling the carrier is entitled to collect the difference. Is carried out according to the law of the place where the goods realization of sales.
12 until the moment of delivery of the carrier received the goods, it is liable for the damage and loss which may occur from completely or partially. However, the carrier shall not be liable in the following cases. a. If lost, damaged or delayed if the carrier’s fault not the claimant gave instructions to prevent the goods from the carrier or property to be due to non availability of facilities, b. As clearly stated in the letter of referral The use of open vehicles, c. consignor of the goods received by the buyer or the person acting on their behalf, transportation, loading, unloading or be stacked, d. breakage of goods, rust, decay, desiccation, leakage, it becomes susceptible to damage from moths and pests, e. insufficient or incorrect character of the mark or number on the ballot box or package. f. Live animal carcasses.
13. Lost, damage or delay to the carrier to prove that the fall occurred above reasons. However, the carrier is out of the above reasons can not always right. For example, if given the tools to do to prevent moisture migration in the contract of carriage and carrier transport materials are held responsible for the resulting damage suffered therefrom.
14. The goods at the agreed time if undelivered in time or decided to do a period of time if the agreed time period the following 30 days, the appointed time, not unless the performed delivery within 60 days after receiving the goods transport of goods shall be deemed to be lost. The carrier is partially or wholly due to a loss of goods liable to pay compensation where that compensation be accepted for carriage of goods and calculated according to the usual value. value of goods is determined by the price of the commodity exchanges. If such a determination is made not determined based on the current market price. However, compensation will be paid $ 8.33 per kilogram of gross weight S.D.R. (Special drowing Right) shall not exceed the unit.
15. If the contract of carriage of goods should have been delivered to the recipient without payment that shall be charged if the sender is obliged to pay compensation to the carrier.
16. When the transmitter carrier to transport the contents of dangerous goods and hazardous substances must inform him of the measures to be taken if necessary. If the carrier has not indicated to carry hazardous materials such goods may be unloaded at any time or place by the carrier. Furthermore, all costs incurred during the transport of goods sender of this kind is responsible for losses and damages.
17. loss, damage or sender in case of exceeding the agreed time period, determine the specific amount of interest to be paid for the days beyond the time of delivery and dispatch it to the letter writer. If it has been declared a special interest payable for the delivery period, as distinct from compensation, compensation may be claimed up to the amount declared to be proving more damage and loss.
18. Buyer carrier together without checking their status or damages and delivery where damage was apparent immediately or after delivery in cases where clearly visible for 7 days (excluding Sundays and public holidays) If the state received carrier notifying goods, taken in accordance with the letter of referral goods that It shall constitute evidence. Notification shall be made in writing.
a. Goods, buyers and in contrast with the evidence as a result of this control after being checked by the carrier, but not clearly visible damage can be accepted for loss and damage. But the receiver to control it within 7 days after (except Sundays and public holidays) status must be reported in writing to the carriers include.
b. The goods will be paid compensation for the delay in delivery is not made within 21 days after written notice to the carrier in late to save the recipients.
19. transport organized by a single contract, if made by a different road carriers, each of which is responsible for making all transport. 21 must be opened within a year of litigation arising from transport. However, for the opening of the case; a. Delivery partial loss of, damage or delay in the delivery date, b. losses in full, 30 days after the end of the agreed period of time, or agreed period of time, after 60 days from the date of delivery of the goods by the carrier, c. In all other cases, three months after the date of the conclusion of the transport agreement, it may be prosecuted.