INTERNATIONAL CARRIAGE OF GOODS BY ROAD ACT

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

CHAPTER 486

INTERNATIONAL CARRIAGE

OF GOODS BY ROAD ACT

To incorporate the Convention on the Contract for the International

Carriage of Goods by Road.

25th July, 2006

ACT XI of 2006, as amended by Act XV of 2009.

The short title of this Act is the International Carriage of

Goods by Road Act.

(Article 5)

The term "Contracting Party" is to be substituted either with the term "Malta" or

the term "Contracting State" as appropriate

CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE

OF GOODS BY ROAD (CMR) DONE AT GENEVA ON THE 19TH OF MAY, 1956,

AS AMENDED BY THE CMR PROTOCOL DONE AT GENEVA

ON THE 5TH OF JULY, 1978

Chapter 1

- Scope of Application

Chapter II - Persons for whom the Carrier is Responsible

Chapter III - Conclusion and Performance of the Contract of Carriage

Chapter IV - Liability of the Carrier

Chapter V - Claims and Actions

Chapter VI - Provisions Relating to Carriage Performed by Successive Carriers

Chapter VII - Nullity of Stipulation to the Convention

Chapter VIII - Final Provisions

PREAMBLE

The Contracting Parties,

Having recognized the desirability of standardizing the conditions governing the

contract for the international carriage of goods by road, particularly with respect to

the documents used for such carriage and to the carrier’s liability,

Have agreed as follows

Chapter 1 - Scope of Application

Article 1

1. This Convention shall apply to every contract for the carriage of goods by

road in vehicles for reward, when the place of taking over of the goods and the place

designated for delivery, as specified in the contract, are situated in two different

countries, of which at least one is a contracting country, irrespective of the place of

residence and the nationality of the parties.

2. For the purpose of this Convention, "vehicles" means motor vehicles,

articulated vehicles, trailers and semi-trailers as defined in article 4 of the

Convention on Road Traffic dated 19 September 1949.

3. This Convention shall apply also where carriage coming within its scope is

carried out by States or by governmental institutions or organizations.

4. This Convention shall not apply

(a) to carriage performed under the terms of any international postal

convention;

(b) to funeral consignments;

(c) to furniture removal.

5. The Contracting Parties agree not to vary any of the provisions of this

Convention by special agreements between two or more of them, except to make it

inapplicable to their frontier traffic or to authorize the use in transport operations

entirely confined to their territory of consignment notes representing a title to the

goods.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

Article 2

1. Where the vehicle containing the goods is carried over part of the journey by

sea, rail, inland waterways or air, and, except where the provisions of article 14 are

applicable, the goods are not unloaded from the vehicle, this Convention shall

nevertheless apply to the whole of the carriage. Provided that to the extent it is

proved that any loss, damage or delay in delivery of the goods which occurs during

the carriage by the other means of transport was not caused by act or omission of the

carrier by road, but by some event which could only have occurred in the course of

and by reason of the carriage by that other means of transport, the liability of the

carrier by road shall be determined not by this Convention but in the manner in

which the liability of the carrier by the other means of transport would have been

determined if a contract for the carriage of the goods alone had been made by the

sender with the carrier by the other means of transport in accordance with the

conditions prescribed by law for the carriage of goods by that means of transport. If,

however, there are no such prescribed conditions, the liability of the carrier by road

shall be determined by this Convention.

2. If the carrier by road is also himself the carrier by the other means of

transport, his liability shall also be determined in accordance with the provisions

paragraph 1 of this article, but as if, in his capacities as carrier by road and carrier by

the other means of transport, he were two separate persons.

Chapter II - Persons for whom the Carrier is Responsible

Article 3

For the purposes of this Convention the carrier shall be responsible for the acts of

omissions of his agents and servants and of any other persons of whose services he

makes use for the performance of the carriage, when such agents, servants or other

persons are acting within the scope of their employment, as if such acts or omissions

were his own.

Chapter III - Conclusion and Performance of the Contract of Carriage

Article 4

The contract of carriage shall be confirmed by the making out of a consignment

note. The absence, irregularity or loss of the consignment note shall not affect the

existence or the validity of the contract of carriage which shall remain subject to the

provisions of this Convention.

Article 5

1. The consignment note shall be made out in three original copies signed by

the sender and by the carrier. These signatures may be printed or replaced by the

stamps of the sender and the carrier if the law of the country in which the

consignment note has been made out so permits. The first copy shall be handed to

the sender, the second shall accompany the goods and the third shall be retained by

the carrier.

2. When the goods which are to be carried have to be loaded in different

vehicles, or are of different kinds or are divided into different lots, the sender or the

carrier shall have the right to require a separate consignment note to be made out for

each vehicle used, or for each kind or lot of goods.

Article 6

1. The consignment note shall contain the following particulars

(a) the date of the consignment note and the place at which it is made out;

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

(b) the name and address of the sender;

(c) the name and address of the carrier;

(d) the place and the date of taking over of the goods and the place

designated for delivery;

(e) the name and address of the consignee;

(f) the description in common use of the nature of the goods and the

method of packing, and, in the case of dangerous goods, their generally

recognized description;

(g) the number of packages and their special marks and numbers;

(h) the gross weight of the goods or their quantity otherwise expressed;

(i) charges relating to the carriage (carriage charges, supplementary

charges, customs duties and other charges incurred from the making of

the contract to the time of delivery);

(j) the requisite instructions for Customs and other formalities;

(k) a statement that the carriage is subject, notwithstanding any clause to

the contrary, to the provisions of this Convention.

2. Where applicable, the consignment note shall also contain the following

particulars

(a)

a statement that transhipment is not allowed;

(b)

the charges which the sender undertakes to pay;

(c)

the amount of "cash on delivery" charges;

(d)

a declaration of the value of the goods and the amount representing

special interest in delivery;

(e) the sender’s instructions to the carrier regarding insurance of the goods;

(f) the agreed time limit within which the carriage is to be carried out;

(g) a list of the documents handed to the carrier.

3. The parties may enter in the consignment note any other particulars which

they may deem useful.

Article 7

1. The sender shall be responsible for all expenses, loss and damage sustained

by the carrier by reason of the inaccuracy or inadequacy of

(a) the particulars specified in article 6, paragraph 1, (b), (d), (e), (f), (g),

(h) and (j);

(b) the particulars specified in article 6, paragraph 2;

(c) any other particulars or instructions given by him to enable the

consignment note to be made out or for the purpose of their being

entered therein.

2. If, at the request of the sender, the carrier enters in the consignment note the

particulars referred to in paragraph 1 of this article, he shall be deemed, unless the

contrary is proved, to have done so on behalf of the sender.

3. If the consignment note does not contain the statement specified in article 6,

paragraph 1 (k), the carrier shall be liable for all expenses, loss and damage

sustained through such omission by the person entitled to dispose of the goods.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

Article 8

1. On taking over the goods, the carrier shall check

(a) the accuracy of the statements in the consignment note as to the number

of packages and their marks and numbers, and

(b) the apparent condition of the goods and their packaging.

2. Where the carrier has no reasonable means of checking the accuracy of the

statements referred to in paragraph 1 (a) of this article, he shall enter his reservations

in the consignment note together with the grounds on which they are based. He shall

likewise specify the grounds for any reservations which he makes with regard to the

apparent condition of the goods and their packaging. Such reservations shall not bind

the sender unless he has expressly agreed to be bound by them in the consignment

note.

3. The sender shall be entitled to require the carrier to check the gross weight

of the goods or their quantity otherwise expressed. He may also require the contents

of the packages to be checked. The carrier shall be entitled to claim the cost of such

checking. The result of the checks shall be entered in the consignment note.

Article 9

1. The consignment note shall be prima facie evidence of the making of the

contract of carriage, the conditions of the contract and the receipt of the goods by the

carrier.

2. If the consignment note contains no specific reservations by the carrier, it

shall be presumed, unless the contrary is proved, that the goods and their packaging

appeared to be in good condition when the carrier took them over and that the

number of packages, their marks and numbers corresponded with the statements in

the consignment note.

Article 10

The sender shall be liable to the carrier for damage to persons, equipment or other

goods, and for any expenses due to defective packing of the goods, unless the defect

was apparent or known to the carrier at the time when he took over the goods and he

made no reservations concerning it.

Article 11

1. For the purposes of the Customs or other formalities which have to be

completed before delivery of the goods, the sender shall attach the necessary

documents to the consignment note or place them at the disposal of the carrier and

shall furnish him with all the information which he requires.

2. The carrier shall not be under any duty to enquire into either the accuracy or

the adequacy of such documents and information. The sender shall be liable to the

carrier for any damage caused by the absence, inadequacy or irregularity of such

documents and information, except in the case of some wrongful act or neglect on

the part of the carrier.

3. The liability of the carrier for the consequences arising from the loss or

incorrect use of the documents specified in and accompanying the consignment note

o r d e p o s i t e d w i t h t h e c a r r i e r s h a l l b e t h a t o f a n a g e n t , p r o v i de d t h a t t h e

compensation payable by the carrier shall not exceed that payable in the event of loss

of the goods.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

Article 12

1. The sender has the right to dispose of the goods, in particular by asking the

carrier to stop the goods in transit, to change the place at which delivery is to take

place or to deliver the goods to a consignee other than the consignee indicated in the

consignment note.

2. This right shall cease to exist when the second copy of the consignment note

is handed to the consignee or when the consignee exercises his right under article 13,

paragraph 1; from that time onwards the carrier shall obey the orders of the

consignee.

3. The consignee shall, however, have the right of disposal from the time when

the consignment note is drawn up, if the sender makes an entry to that effect in the

consignment note.

4. If in exercising his right of disposal the consignee has ordered the delivery

of the goods to another person, that other person shall not be entitled to name other

consignees.

5. The exercise of the right of disposal shall be subject to the following

conditions

(a) that the sender or, in the case referred to in paragraph 3 of this article,

the consignee who wishes to exercise the right produces the first copy

of the consignment note on which the new instructions to the carrier

have been entered and indemnifies the carrier against all expenses, loss

and damage involved in carrying out such instructions;

(b) that the carrying out of such instructions is possible at the time when the

instructions reach the person who is to carry them out and does not

either interfere with the normal working of the carriers’ undertaking or

prejudice the senders or consignees of other consignments;

(c) that the instructions do not result in a division of the consignment.

6. When, by reason of the provisions of paragraph 5 (b) of this article, the

carrier cannot carry out the instructions which he receives, he shall immediately

notify the person who gave him such instructions.

In this Act, unless the context otherwise requires

"the Authority" means the Authority for Transport in Malta as

established under the Authority for Transport in Malta Act;

"CMR Convention" means the Convention on the Contract for

the International Carriage of Goods by Road (CMR) signed in

Geneva on the 19th May, 1956 as amended by the CMR Protocol of

Geneva signed on the 5th July, 1978;

"prescribe" means prescribe by order or by regulations in

accordance with this Act;

"the Minister" means the Minister responsible for road transport.

The Government of Malta is hereby authorised to ratify the

CMR Convention.

(1) Without prejudice to the applicability of the CMR

Convention between Malta and all other Contracting States, the

Minister may, by order in the Gazette, from time to time specify the

Contracting States, other than Malta, for the purposes of the CMR

Convention.

(2) Such order shall specify the date of coming into force of the

CMR Convention, as between Malta and any State specified in the

order.

(1) The provisions of the CMR Convention shall,

notwithstanding anything to the contrary in any other law but

subject to the provisions of this Act, have force of law throughout

Malta for the international carriage of goods by road as from such

date * and subject to such conditions as the Minister may prescribe.

(2) The CMR Convention is set out in the Schedule to this Act

and the said schedule may from time to time be amended as may be

prescribed for the purpose of being kept updated with the official

text of the said CMR Convention.

(3) The CMR Convention set out in the Schedule shall be

reproduced in the English language only.

*20th March 2008 - vide Legal Notice 52 of 2008.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

(1) The Minister may, after consultation with the

Authority, make regulations prescribing anything that is necessary

or expedient for the purpose of ratifying or implementing the

obligations of Malta under the CMR Convention and generally for

the carrying out of the provisions of this Act, and without prejudice

to the generality of the foregoing may make regulations

(a) in respect of the carriage of goods by road, saving the

provisions of any law regulating the transport or

carriage of goods by road; and

(b) to amend the Schedule in whole or in part.

(2) The Minister may also provide that any regulation or order

under this Act including reservations made by Malta to the CMR

Convention or declaration made by Malta upon the signing or

ratification of the CMR Convention be scheduled to this Act.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

A carrier who has not carried out the instructions given under the conditions

provided for in this article or who has carried them out without requiring the first

copy of the consignment note to be produced, shall be liable to the person entitled to

make a claim for any loss or damage caused thereby.

Article 13

1. After arrival of the goods at the place designated for delivery, the consignee

shall be entitled to require the carrier to deliver to him, against a receipt, the second

copy of the consignment note and the goods. If the loss of the goods is established or

if the goods have not arrived after the expiry of the period provided for in article 19,

the consignee shall be entitled to enforce in his own name against the carrier any

rights arising from the contract of carriage.

2. The consignee who avails himself of the rights granted to him under

paragraph 1 of this article shall pay the charges shown to be due on the consignment

note, but in the event of dispute on this matter the carrier shall not be required to

deliver the goods unless security has been furnished by the consignee.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

Article 14

1. If for any reason it is or becomes impossible to carry out the contract in

accordance with the terms laid down in the consignment note before the goods reach

the place designated for delivery, the carrier shall ask for instructions from the

person entitled to dispose of the goods in accordance with the provisions of article

2. Nevertheless, if circumstances are such as to allow the carriage to be carried

out under conditions differing from those laid down in the consignment note and if

the carrier has been unable to obtain instructions in reasonable time the person

entitled to dispose of the goods in accordance with the provisions of article 12, he

shall take such steps as seem to him to be in the best interests of the person entitled

to dispose of the goods.

Article 15

1. Where circumstances prevent delivery of the goods after their arrival at the

place designated for delivery, the carrier shall ask the sender for his instructions. If

the consignee refuses the goods the sender shall be entitled to dispose of them

without being obliged to produce the first copy of the consignment note.

2. Even if he has refused the goods, the consignee may nevertheless require

delivery so long as the carrier has not received instructions to the contrary from the

sender.

3. When circumstances preventing delivery of the goods arise after the

consignee, in exercise of his rights under article 12, paragraph 3, has given an order

for the goods to be delivered to another person, paragraphs 1 and 2 of this article

shall apply as if the consignee were the sender and that other person were the

consignee.

Article 16

1. The carrier shall be entitled to recover the cost of his request for instructions

and any expenses entailed in carrying out such instructions, unless such expenses

were caused by the wrongful act or neglect of the carrier.

2. In the cases referred to in article 14, paragraph 1, and in article 15, the

carrier may immediately unload the goods for account of the person entitled to

dispose of them and thereupon the carriage shall be deemed to be at an end. The

carrier shall then hold the goods on behalf of the person so entitled. He may,

however, entrust them to a third party, and in that case he shall not be under any

liability except for the exercise of reasonable care in the choice of such third party.

The charges due under the consignment note and all other expenses shall remain

chargeable against the goods.

3. The carrier may sell the goods, without awaiting instructions from the

person entitled to dispose of them, if the goods are perishable or their condition

warrants such a course, or when the storage expenses would be out of proportion to

the value of the goods. He may also proceed to the sale of the goods in other cases if

after the expiry of a reasonable period he has not received from the person entitled to

dispose of the goods instructions to the contrary which he may reasonably be

required to carry out.

4. If the goods have been sold pursuant to this article, the proceeds of sale,

after deduction of the expenses chargeable against the goods, shall be placed at the

disposal of the person entitled to dispose of the goods. If these charges exceed the

proceeds of sale, the carrier shall be entitled to the difference.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

5. The procedure in the case of sale shall be determined by the law or custom

of the place where the goods are situated.

Chapter IV - Liability of the Carrier

Article 17

1. The carrier shall be liable for the total or partial loss of the goods and for

damage thereto occurring between the time when he takes over the goods and the

time of delivery, as well as for any delay in delivery.

2. The carrier shall, however, be relieved of liability if the loss, damage or

delay was caused by the wrongful act or neglect of the claimant, by the instructions

of the claimant given otherwise than as the result of a wrongful act or neglect on the

part of the carrier, by inherent vice of the goods or through circumstances which the

carrier could not avoid and the consequences of which he was unable to prevent.

3. 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

the wrongful act or neglect of the person from whom he may have hired the vehicle

or of the agents or servants of the latter.

4. Subject to article 18, paragraphs 2 to 5, the carrier shall be relieved of

liability when the loss or damage arises from the special risks inherent in one more

of the following circumstances

(a) use of open unsheeted vehicles, when their use has been expressly

agreed and specified in the consignment note;

(b) the lack of, or defective condition of packing in the case of goods

which, by their nature, are liable to wastage or to be damaged when not

packed or when not properly packed;

(c) handling, loading, stowage or unloading of the goods by the sender, the

consignee or person acting on behalf of the sender or the consignee;

(d) the nature of certain kinds of goods which particularly exposes them to

total or partial loss or to damage, especially through breakage, rust,

decay, desiccation, leakage, normal wastage, or the action of moth or

vermin;

(e) insufficiency or inadequacy of marks or numbers on the packages;

(f) the carriage of livestock.

5. Where under this article the carrier is not under any liability in respect of

some of the factors causing the loss, damage or delay, he shall only be liable the

extent that those factors for which he is liable under this article have contributed to

the loss, damage or delay.

Article 18

1. The burden of proving that loss, damage or delay was due to one of the

causes specified in article 17, paragraph 2, shall rest upon the carrier.

2. When the carrier establishes that in the circumstances of the case, the loss or

damage could be attributed to one or more of the special risks referred to in article

17, paragraph 4, it shall be presumed that it was so caused. The claimant shall,

however, be entitled to prove that the loss or damage was not, in fact, attributable

either wholly or partly to one of these risks.

3. This presumption shall not apply in the circumstances set out in article 17,

paragraph 4 (a), if there has been an abnormal shortage, or a loss of any package.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

4. If the carriage is performed in vehicles specially equipped to protect the

goods from the effects of heat, cold, variations in temperature or the humidity of the

air, the carrier shall not be entitled to claim the benefit of article 17, paragraph 4 (d),

unless he proves that all steps incumbent on him in the circumstances with respect to

the choice, maintenance and use of such equipment were taken and that he complied

with any special instructions issued to him.

5. The carrier shall not be entitled to claim the benefit of article 17, paragraph

4 (f), unless he proves that all steps normally incumbent on him in the circumstances

were taken and that he complied with any special instructions issued to him.

Article 19

Delay in delivery shall be said to occur when the goods have not been delivered

within the agreed time-limit or when, failing an agreed time-limit, the actual

duration of the carriage having regard to the circumstances of the case, and in

particular, in the case of partial loads, the time required for making up a complete

load in the normal way, exceeds the time it would be reasonable to allow a diligent

carrier.

Article 20

1. The fact that goods have not been delivered within thirty days following the

expiry of the agreed time-limit, or, if there is no agreed time-limit, within sixty days

from the time when the carrier took over the goods, shall be conclusive evidence of

the loss of the goods, and the person entitled to make a claim may thereupon treat

them as lost.

2. The person so entitled may, on receipt of compensation for the missing

goods, request in writing that he shall be notified immediately should the goods be

recovered in the course of the year following the payment of compensation. He shall

be given a written acknowledgement of such request.

3. Within the thirty days following receipt of such notification, the person

entitled as aforesaid may require the goods to be delivered to him against payment of

the charges shown to be due on the consignment note and also against refund of the

compensation he received less any charges included therein but without prejudice to

any claims to compensation for delay in delivery under article 23 and where

applicable, article 26.

4. In the absence of the request mentioned in paragraph 2 or of any instructions

given within the period of thirty days specified in paragraph 3, or if the goods are not

recovered until more than one year after the payment of compensation, the carrier

shall be entitled to deal with them in accordance with the law of the place where the

goods are situated.

Article 21

Should the goods have been delivered to the consignee without collection of the

"cash on delivery" charge which should have been collected by the carrier under the

terms of the contract of carriage, the carrier shall be liable to the sender for

compensation not exceeding the amount of such charge without prejudice to his right

of action against the consignee.

Article 22

1. When the sender hands goods of a dangerous nature to the carrier, he shall

inform the carrier of the exact nature of the danger and indicate if necessary,

precautions to be taken. If this information has not been entered in the consignment

note, the burden of proving, by some other means, that the carrier knew the exact

nature of the danger constituted by the carriage of the said goods shall rest upon the

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

sender or the consignee.

2. Goods of a dangerous nature which, in the circumstance referred to in

paragraph 1 of this article, the carrier did not know were dangerous, may, at any time

or place, be unloaded, destroyed or rendered harmless by the carrier without

compensation; further, the sender shall be liable for all expenses, loss or damage

arising out of their handing over for carriage or of their carriage.

Article 23

1. When, under the provisions of this Convention, a carrier is liable for

compensation in respect of total or partial loss of goods, such compensation shall be

calculated by reference to the value of the goods at the place and time at which they

were accepted for carriage.

2. The value of the goods shall be fixed according to the commodity exchange

no commodity exchange price or current market price, by reference to normal value

of goods of the same kind and quality.

3. Compensation shall not, however, exceed 8.33 units of account per kilogram

of gross weight short.

4. In addition, the carriage charges, Customs duties and other charges incurred

in respect of the carriage of the goods shall be refunded in full in case of total loss

and in proportion to the loss sustained in case of partial loss, but no further damage

shall be payable.

5. In the case of delay if the claimant proves that damage has resulted

therefrom the carrier shall pay compensation for such damage not exceeding the

carriage charges.

6. Higher compensation may only be claimed where the value of the goods or a

special interest in delivery has been declared in accordance with articles 24 and 26.

7. The unit of account mentioned in this Convention is the Special Drawing

Right as defined by the International Monetary Fund. The amount mentioned in

paragraph 3 of this article shall be converted into the national currency of the State

of the Court seized of the case on the basis of the value of that currency on the date

of the judgement or the date agreed upon by the Parties. The value of the national

currency, in terms of the Special Drawing Right, of a State which is a member of the

International Monetary Fund, shall be calculated in accordance with the method of

valuation applied by the International Monetary Fund in effect on the date in

question for its operations and transactions. The value of the national currency, in

terms of the Special Drawing Right, of a State which is not a member of the

International Monetary Fund, shall be calculated in a manner determined by the

State.

8. Nevertheless, a State which is not a member of the International Monetary

Fund and whose law does not permit the application of the provisions of paragraph 7

of this article may, at the time of ratification of or accession to the Protocol to the

CMR or at any time thereafter, declare that the limit of liability provided for in

paragraph 3 of this article to be applied in its territory shall be 25 monetary units.

The monetary unit referred to in this paragraph corresponds to the 10/31 gram of

gold of millesimal fineness nine hundred. The conversion shall be made according to

the law of the State concerned.

9. The calculation mentioned in the last sentence of paragraph 7 of this article

and the conversion mentioned in paragraph 8 of this article shall be made in such a

manner as to express in the national currency of the State as far as possible the same

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

real value for the amount in paragraph 3 of this article as is expressed there in units

of account. States shall communicate to the Secretary-General of the United Nations

the manner of calculation pursuant to paragraph 7 of this article or the result of the

conversion in paragraph 8 of this article as the case may be, when depositing an

instrument referred to in Article 3 of the Protocol to the CMR and whenever there is

a change in either.

Article 24

The sender may, against payment of a surcharge to be agreed upon, declare in the

consignment note a value for the goods exceeding the limit laid down in article 23,

paragraph 3, and in that case the amount of the declared value shall be substituted for

that limit.

Article 25

1. In case of damage, the carrier shall be liable for the amount by which the

goods have diminished in value, calculated by reference to the value of the goods

fixed in accordance with article 23, paragraphs 1, 2 and 4.

2. The compensation may not, however, exceed

(a) if the whole consignment has been damaged, the amount payable in the

case of total loss;

(b) if part only of the consignment has been damaged, the amount payable

in the case of loss of the part affected.

Article 26

1. The sender may, against payment of a surcharge to be agreed upon, fix the

amount of a special interest in delivery in the case of loss or damage or of the agreed

time-limit being exceeded, by entering such amount in the consignment note.

2. If a declaration of a special interest in delivery has been made,

compensation for the additional loss or damage proved may be claimed, up to the

total amount of the interest declared, independently of the compensation provided

for in articles 23, 24 and 25.

Article 27

1. The claimant shall be entitled to claim interest on compensation payable.

Such interest, calculated at five per centum per annum, shall accrue from the date on

which the claim was sent in writing to the carrier or, if no such claim has been made,

from the date on which legal proceedings were instituted.

2. When the amounts on which the calculation of the compensation is based are

not expressed in the currency of the country in which payment is claimed,

conversion shall be at the rate of exchange applicable on the day and at the place of

payment of compensation.

Article 28

1. In cases where, under the law applicable, loss, damage or delay arising out

of carriage under this Convention gives rise to an extra-contractual claim, the carrier

may avail himself of the provisions of this Convention which exclude his liability or

which fix or limit the compensation due.

2. In cases where the extra-contractual liability for loss, damage or delay of

one of the persons for whom the carrier is responsible under the terms of article 3 is

in issue, such person may also avail himself of the provisions of this Convention

which exclude the liability of the carrier or which fix or limit the compensation due.

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Article 29

1. The carrier shall not be entitled to avail himself of the provisions of this

chapter which exclude or limit his liability or which shift the burden of proof if the

damage was caused by his wilful misconduct or by such default on his part as, in

accordance with the law of the court or tribunal seised of the case, is considered as

equivalent to wilful misconduct.

2. The same provision shall apply if the wilful misconduct or default is

committed by the agents or servants of the carrier or by any other persons of whose

services he makes use for the performance of the carriage, when such agents,

servants or other persons are acting within the scope of their employment.

Furthermore, in such a case such agents, servants or other persons shall not be

entitled to avail themselves, with regard to their personal liability, of the provisions

of this chapter referred to in paragraph 1.

Chapter V - Claims and Actions

Article 30

1. If the consignee takes delivery of the goods without duly checking their

condition with the carrier or without sending him reservations giving a general

indication of the loss or damage, not later than the time of delivery in the case of

apparent loss or damage and within seven days of delivery, Sundays and public

holidays excepted, in the case of loss or damage which is not apparent, the fact of his

taking delivery shall be prima facie, evidence that he has received the goods in the

condition described in the consignment note. In the case of loss or damage which is

not apparent the reservations referred to shall be made in writing.

2. When the condition of the goods has been duly checked by the consignee

and the carrier, evidence contradicting the result of this checking shall only be

admissible in the case of loss or damage which is not apparent and provided that the

consignee has duly sent reservations in writing to the carrier within seven days,

Sundays and public holidays excepted, from the date of checking.

3. No compensation shall be payable for delay in delivery unless a reservation

has been sent in writing to the carrier, within twenty-one days from the time that the

goods were placed at the disposal of the consignee.

4. In calculating the time-limits provided for in this article the date of delivery,

or the date of checking, or the date when the goods were placed at the disposal of the

consignee, as the case may be, shall not be included.

5. The carrier and the consignee shall give each other every reasonable facility

for making the requisite investigations and checks.

Article 31

1. In legal proceedings arising out of carriage under this Convention, the

plaintiff may bring an action in any court or tribunal of a contracting country

designated by agreement between the parties and, in addition, in the courts or

tribunals of a country within whose territory

(a) the defendant is ordinarily resident, or has his principal place of

business, or the branch or agency through which the contract of carriage

was made, or

(b) the place where the goods were taken over by the carrier or the place

designated for delivery is situated.

2. Where in respect of a claim referred to in paragraph 1 of this article an

action is pending before a court or tribunal competent under that paragraph, or where

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

in respect of such a claim a judgement has been entered by such a court or tribunal

no new action shall be started between the same parties on the same grounds unless

the judgement of the court or tribunal before which the first action was brought is

not enforceable in the country in which the fresh proceedings are brought.

3. When a judgement entered by a court or tribunal of a contracting country in

any such action as is referred to in paragraph 1 of this article has become enforceable

in that country, it shall also become enforceable in each of the other contracting

States, as soon as the formalities required in the country concerned have been

complied with. These formalities shall not permit the merits of the case to be re-

opened.

4. The provisions of paragraph 3 of this article shall apply to judgements after

trial, judgements by default and settlements confirmed by an order of the court, but

shall not apply to interim judgements or to awards of damages, in addition to costs

against a plaintiff who wholly or partly fails in his action.

5. Security for costs shall not be required in proceedings arising out of carriage

under this Convention from nationals of contracting countries resident or having

their place of business in one of those countries.

Article 32

1. The period of limitation for an action arising out of carriage under this

Convention shall be one year. Nevertheless, in the case of wilful misconduct, or such

default as in accordance with the law of the court or tribunal seised of the case, is

considered as equivalent to wilful misconduct, the period of limitation shall be three

years. The period of limitation shall begin to run

(a) in the case of partial loss, damage or delay in delivery, from the date of

delivery;

(b) in the case of total loss, from the thirtieth day after the expiry of the

agreed time-limit or where there is no agreed time-limit from the

sixtieth day from the date on which the goods were taken over by the

carrier;

(c) in all other cases, on the expiry of a period of three months after the

making of the contract of carriage.

The day on which the period of limitation begins to run shall not be included in the

period.

2. A written claim shall suspend the period of limitation until such date as the

carrier rejects the claim by notification in writing and returns the documents

attached thereto. If a part of the claim is admitted the period of limitation shall start

to run again only in respect of that part of the claim still in dispute. The burden of

proof of the receipt of the claim, or of the reply and of the return of the documents,

shall rest with the party relying upon these facts. The running of the period of

limitation shall not be suspended by further claims having the same object.

3. Subject to the provisions of paragraph 2 above, the extension of the period

of limitation shall be governed by the law of the court or tribunal seized of the case.

That law shall also govern the fresh accrual of rights of action.

4. A right of action which has become barred by lapse of time may not be

exercised by way of counterclaim or set-off.

INTERNATIONAL CARRIAGE OF GOODS BY ROAD

Article 33

The contract of carriage may contain a clause conferring competence on an

arbitration tribunal if the clause conferring competence on the tribunal provides that

the tribunal shall apply this Convention.

Chapter VI - Provisions Relating to Carriage Performed by Successive Carriers

Article 34

If carriage governed by a single contract is performed by successive road carriers,

each of them shall be responsible for the performance of the whole operation, the

second carrier and each succeeding carrier becoming a party to the contract of

carriage, under the terms of the consignment note, by reason of his acceptance of the

goods and the consignment note.

Article 35

1. A carrier accepting the goods from a previous carrier shall give the latter a

dated and signed receipt. He shall enter his name and address on the second copy of

the consignment note. Where applicable, he shall enter on the second copy of the

consignment note and on the receipt reservations of the kind provided for in article

8, paragraph 2.

2. The provisions of article 9 shall apply to the relations between successive

carriers.

Article 36

Except in the case of a counterclaim or a setoff raised in an action concerning a

claim based on the same contract of carriage, legal proceedings in respect of liability

for loss, damage or delay may only be brought against the first carrier, the last

carrier or the carrier who was performing that portion of the carriage during which

the event causing the loss, damage or delay occurred< an action may be brought at

the same time against several of these carriers.

Article 37

A carrier who has paid compensation in compliance with the provisions of this

Convention, shall be entitled to recover such compensation, together with interest

thereon and all costs and expenses incurred by reason of the claim, from the other

carriers who have taken part in the carriage, subject to the following provisions

(a) the carrier responsible for the loss or damage shall be solely liable for

the compensation whether paid by himself or by another carrier;

(b) when the loss or damage has been caused by the action of two or more

carriers, each of them shall pay an amount proportionate to his share of

liability; should it be impossible to apportion the liability, each carrier

shall be liable in proportion to the share of the payment for the carriage

which is due to him;

(c) if it cannot be ascertained to which carriers liability is attributable for

the loss or damage, the amount of the compensation shall be

apportioned between all the carriers as laid down in (b) above.

Article 38

If one of the carriers is insolvent, the share of the compensation due from him and

unpaid by him shall be divided among the other carriers in proportion to the share of

the payment for the carriage due to

them.

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Article 39

1. No carrier against whom a claim is made under articles 37 and 38 shall be

entitled to dispute the validity of the payment made by the carrier making the claim

if the amount of the compensation was determined by judicial authority after the first

mentioned carrier had been given due notice of the proceedings and afforded an

opportunity of entering an appearance.

2. A carrier wishing to take proceedings to enforce his right of recovery may

make his claim before the competent court or tribunal of the country in which one of

the carriers concerned is ordinarily resident, or has his principal place of business or

the branch or agency through which the contract of carriage was made. All the

carriers concerned may be made defendants in the same action.

3. The provisions of article 31, paragraphs 3 and 4, shall apply to judgements

entered in the proceedings referred to in articles 37 and 38.

4. The provisions of article 32 shall apply to claims between carriers. The

period of limitation shall, however, begin to run either on the date of the final

judicial decision fixing the amount of compensation payable under the provisions of

this Convention, or, if there is no such judicial decision, from the actual date of

payment.

Article 40

Carriers shall be free to agree among themselves on provisions other than those

laid down in articles 37 and 38.

Chapter VII - Nullity of Stipulation to the Convention

Article 41

1. Subject to the provisions of article 40, any stipulation which would directly

or indirectly derogate from the provisions of this Convention shall be null and void.

The nullity of such a stipulation shall not involve the nullity of the other provisions

of the contract.

2. In particular, a benefit of insurance in favour of the carrier or any other

similar clause, or any clause shifting the burden of proof shall be null and void.

Chapter VIII - Final Provisions

Article 42

1. This Convention is open for signature or accession by countries members of

the Economic Commission for Europe and countries admitted to the Commission in

a consultative capacity under paragraph 8 of the Commission’s terms of reference.

2. Such countries as may participate in certain activities of the Economic

Commission for Europe in accordance with paragraph 11 of the Commission’s terms

of reference may become Contracting Parties to this Convention by acceding thereto

after its entry into force.

3. The Convention shall be open for signature until 31 August 1956 inclusive.

Thereafter, it shall be open for accession.

4. This Convention shall be ratified.

5. Ratification or accession shall be effected by the deposit of an instrument

with the Secretary-General of the United Nations.

Article 43

1. This Convention shall come into force on the ninetieth day after five of the

countries referred to in article 42, paragraph 1, have deposited their instruments of

ratification or accession.

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2. For any country ratifying or acceding to it after five countries have

deposited their instruments of ratification of accession, this Convention shall enter

into force on the ninetieth day after the said country has deposited its instrument of

ratification or accession.

Article 44

1. Any Contracting Party may denounce this Convention by so notifying the

Secretary-General of the United Nations.

2. Denunciation shall take effect twelve months after the date of receipt by the

Secretary-General of the notification of denunciation.

Article 45

If, after the entry into force of this Convention, the number of Contracting Parties

is reduced, as a result of denunciations, to less than five, the Convention shall cease

to be in force from the date in which the last of such denunciations takes effect.

Article 46

1. Any country may, at the time of depositing its instrument of ratification or

accession or at any time thereafter, declare by notification addressed to the

Secretary-General of the United Nations that this Convention shall extend to all or

any of the territories for the international relations of which it is responsible. The

Convention shall extend to the territory or territories named in the notification as

from the ninetieth day after its receipt by the Secretary-General or, if on that day the

Convention has not yet entered into force, at the time of its entry into force.

2. Any country which has made a declaration under the preceding paragraph

extending this Convention to any territory for whose international relations it is

responsible may denounce the Convention separately in respect of that territory in

accordance with the provisions of article 44.

Article 47

Any dispute between two or more Contracting Parties relating to the interpretation

or application of this Convention, which the parties are unable to settle by

negotiation or other means may, at the request of any one of the Contracting Parties

concerned, be referred for settlement to the International Court of Justice.

Article 48

1. Each Contracting Party may, at the time of signing, ratifying, or acceding to,

this Convention, declare that it does not consider itself as bound by article 47 of the

Convention. Other Contracting Parties shall not be bound by article 47 in respect of

any Contracting Party which has entered such a reservation.

2. Any Contracting Party having entered a reservation as provided for in

paragraph 1 may at any time withdraw such reservation by notifying the Secretary-

General of the United Nations.

3. No other reservation to this Convention shall be permitted.

Article 49

1. After this Convention has been in force for three years, any Contracting

Party may, by notification to the Secretary-General of the United Nations, request

that a conference be convened for the purpose of reviewing the Convention. The

Secretary-General shall notify all Contracting Parties of the request and a review

conference shall be convened by the Secretary-General if, within a period of four

months following the date of notification by the Secretary General, not less than

one-fourth of the Contracting Parties notify him of their concurrence with the

request.

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2. If a conference is convened in accordance with the preceding paragraph, the

Secretary-General shall notify all the Contracting Parties and invite them to submit

within a period of three months such proposals as they may wish the Conference to

consider. The Secretary-General shall circulate to all Contracting Parties the

provisional agenda for the conference together with the texts of such proposals at

least three months before the date on which the conference is to meet.

3. The Secretary-General shall invite to any conference convened in

accordance with this article all countries referred to in article 42, paragraph 1, and

countries which have become Contracting Parties under article 42, paragraph 2.

Article 50

In addition to the notifications provided for in article 49, the Secretary-General of

the United Nations shall notify the countries referred to in article 42, paragraph 1,

and the countries which have become Contracting Parties under article 42, paragraph

2, of

(a) ratification and accessions under article 42;

(b) the dates of entry into force of this Convention in accordance with

article 43;

(c) denunciations under article 44;

(d) the termination of this Convention in accordance with article 45;

(e) notifications received in accordance with article 46;

(f) declarations and notifications received in accordance with article 48,

paragraphs 1 and 2.

Article 51

After 31 August 1956, the original of this Convention shall be deposited with the

Secretary-General of the United Nations, who shall transmit certified true copies to

each of the countries mentioned in article 42, paragraphs 1 and 2.