In the complex world of dangerous goods transport by road, safety and liability are key issues. In this article, we will explore important aspects related to stowage and liability in the European context, with an emphasis on the CMR Convention and case law interpretations.
Which European regulations apply to the international transport of dangerous goods by road?
The applicable European regulation is the "European Agreement concerning the International Carriage of Dangerous Goods by Road" (ADR) in section 7.5.7, which deals with the handling and stowage of these goods.
What are the regulations governing road freight transport contracts in Europe?
The CMR Convention is the international standard governing contracts for the carriage of goods by road in Europe. It applies to carriage for reward performed in vehicles such as cars, articulated vehicles, trailers and semi-trailers, provided that the cargo and delivery are in different countries and at least one of them is a party to the CMR Convention.
Can an international contract of carriage subject to the CMR Convention be subject to the domestic rules of a specific country?
No, any clause that attempts to subject an international carriage governed by the CMR Convention to the internal rules of a specific country will be void. The CMR Convention prevails in such situations.
What is the carrier's responsibility in the carriage of dangerous goods by road under the CMR Convention?
The CMR Convention establishes that the carrier is responsible for total or partial loss of the goods and for damage occurring between receipt of the goods and their delivery. However, it does not specify who is responsible for stowage and lashing.
How is the ambiguity regarding stevedoring and lashing liability addressed in the CMR Convention?
Case law interpretation has become an important resource to address this ambiguity. Some courts have suggested that stowage and lashing can be conceptually distinguished, where stowage refers to the placement and distribution of weights, while lashing refers to the securing of the goods to the means of transport. However, this is not explicitly regulated in the CMR Convention.
What are some courts' views on stevedoring and lashing liability?
Some courts, such as SAP Madrid, sec. 28ª, 235/2022, of 04 April 2022, and SAP Barcelona 1289/2022, of 06 September 2022, have suggested that both the stowage and lashing of the goods should be attributed to the shipper, unless otherwise agreed in the contract.
How can clarity be brought to international transport relations in this context?
Given the ambiguity in regulations and jurisprudential interpretations, the solution is to use liability clauses in European contracts or stowage slips. These clauses provide clarity and ensure that the parties involved understand their responsibilities in the transport of dangerous goods by road. However, it is important to note that case law interpretations are interpretative tools and not the applicable legal regime.
