Unit 13 International Rail and Road ransport
一)基本要求
熟悉:Introduction to CMR
掌握:Carrier’s Responsibilities and Exceptions under CMR
二)考试内容:
1. CMR
In the contract of carriage of goods by road, the rights, duties and responsibilities of the road carrier may be discussed under Convention de Merchandises Par Routes (CMR) and the national law.
The CMR convention is the convention on contract for international carriage of goods by road which was adopted in 1956 and which generally governs international transport of goods by road. The CMR convention has been ratified only by countries in Europe and road transport in the countries outside Europe is to a great extent governed by national laws and ordinances which vary from country to country.
However, it is of benefit to forwarders outside Europe to be aware of the convention as they could then understand the legal regime applicable to movement of cargo when they act as intermodal transport operators, when land transport in Europe forms part of the intermodal transport system.
2. Carrier’s responsibilities under CMR
2.1 The acts and omissions of his agents and servants or other persons whose services he makes use of;
2.2 Loss of or damage to the goods occurring between the time he takes over the goods and the time of delivery as well as for any delay in delivery.Www.KaO8.C
3. Carrier’s exceptions under CMR
The carrier is relieved of liability if the loss, damage or delay
is due to:
3.1 Any wrongful act or neglect of the consignor;
3.2 Inherent vice of the goods; and
3.3 Circumstances which he could not avoid and the consequence of which he was unable to prevent.
The carrier shall not be relieved of liability by reason of the defective condition of the vehicle used by him in order to perform the carriage, or by reason of wrongful act or neglect of the person from whom he may have hired the vehicle or of the agents or servants of the latter.