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The safe, fast and robust transport of goods or people is referred in general to transportation. There are many types of transportation. Although the types vary, the purpose is the same. There are a number of problems that arise during transport activities. Such problems are carried over to the law. The relevant rules in law are not examined in a single structure. The rules proceed in a dispersed way. The first thing to look at in problems related to the Transport law is which rule will be applied to the event. A solution of the problem is found not by law, but by rules. One of the biggest problems that meet us with the transport law is the road transportation. This is the subject that occupies the agenda. Transportation is mostly performed by highways. This inevitably raises a number of problems. For example, they include many responsibilities such as:-
- The responsibility of the carrier;
- The responsibility of the forwarder;
- The responsibility of the company that organizes the transportation works; and
- The right of insurance companies to recourse to the defective party.
When these responsibilities are not implemented well, they can turn into some problems. The main heading opened to solve the problems is the transport law.
General Guidelines of the Transport Law
The transport law incorporates its own guidelines as follows:
- Establishing a transport contract related to the general information of the goods to be transported;
- General properties and price information of the goods to be transported;
- Any matters related to the type of vehicle carrying the load and the type of transport;
- When the cargo to be transported leaves the company and when it will arrive at its destination;
- Where the cargo will be delivered;
- Information about transportation costs;
- How many days the cargo will go and its delivery time;
- Information about the packaging of the transported goods
- Responsibilities of the individuals who carry and ship the goods; and
- Have the vehicles with the cargo followed a correct way in terms of capacity?
Each type of transport has its own pricing. The relevant regulations must be conducted correctly.
Each of these articles expresses a guideline in the transport system. These guidelines make up the law. If they are not applied correctly, the law is applied. Each transport may have its own guidelines. Sea transport and road transport may differ in terms of guidelines. Each type is evaluated since it differs for example in terms of price, term and quantity. The transport law is an important subject. This subject includes many regulations. The situations, responsibilities and problems that occur with insurance are included in this subject. The place, where the problems will be solved, is the transport law.
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A contract is the most important stage in transportation. Everything required is written in detail in the contracts. The contracts are arranged mutually. The articles written in the contract are observed. Anything that is not written in the contract cannot be carried out and the articles written in the contract cannot be carried out incompletely. Everything is arranged pro rata. The parties arrange and approve the contracts. In transport law, the contracts are shaped by types. Each type of transport has its specific contract. The contents of these contracts may not be the same. The contracts are given by types as follows:
- Transportation by seaway: Ocean Bill of Lading;
- Transportation by railway: Railway Bill;
- Transportation by road: Truck bill of lading or CMR road bill;
- Transportation by airway: Airway bill;
- Forwarder’s international certificates;
- FCR: Forwarder’s Certificate of receipt;
- FCT: Forwarder’s Certificate of transport;
- FBL: FIATA Negotiable combined transport bill of lading data;
- FWR: FIATA warehouse receipt; and
- TBL: through bill of lading.
These contracts are legal documents. These contracts contain any information about the parties.
International Contracts on Transport of the Goods by Road (CMR)
CMR is a cargo transport certificate issued for international truck transport. CMR contains the following details:-
- Title of the exporter company;
- Address of the exporter company;
- Title of the importer company;
- Address of the importer company;
- Place, where the goods will be delivered to;
- Loading area;
- Loading date;
- Type of the goods;
- Type and quantity of the packages;
- Gross weight in Kg;
- Mode of delivery; and
- Vehicle plate information.
The CMR certificate is prepared as three main certificates. The first prepared certificate is prepared for the exporter, and the second certificate is issued to deliver it with the goods and the last certificate will be remained by the transporter. After the CMR certificate is prepared, it is signed by the shipper and the carrier. Turkey is seen suitable to participate in the CMR convention pursuant to the Law numbered 3939 and dated of 07.12.1993. CMR is an international certificate. 56 party countries are members of the CMR convention. It is a common contract of countries engaged in road transport.
The CMR member countries include inter alia Azerbaijan, Bulgaria, Syria, Greece, Hungary, Georgia, Germany, Italy, Iran, etc. It is known that we often conduct the road trade with our neighbors. If this is the case, the transport law is formed automatically.
Disputes Arising From Contracts for Transport of the Goods by Road
Road transport is the most common type of transport, which causes a number of problems and disputes. These problems play a role in the formation of a regulation in the context of the transport law. Any disputes arisen in the road transport can be on a carrier or company basis. The conflict problem can arise in several ways:-
- Disputes arisen from the carrier;
- Disputes arisen from the transport company; and
- Disputes arisen from the consignee/s.
Responsibility of the Carrier for Transport of the Goods by Rod
There are some problems that arise in road transport. These problems place any responsibilities on the carrier company. These responsibilities form part of the transport law. If the carrier causes a delay due to partial or all damages to the cargo carried during the transportation operation, the carrier is responsible for such damages. These responsibilities may be gathered under two headings:-
- Damage and loss liability; and
- Responsibility arisen from delay.
Responsibilities are explained with different opinions. The first of these accepts the responsibility of the carrier for delay, damage and loss of the load as defect liability. Another view is that the liability arisen from reasons such as damage, loss and delay is considered as a strict liability whose legal nature has been softened. The carrier is relieved of this responsibility if it proves the following reasons:
- An open-top vehicle has been used or cargo is loaded on deck in accordance with contract or custom;
- Inadequate packaging by the consigner;
- Handling, loading and unloading of the goods by the consigner or consignee;
- • The natural property of the goods, which causes them to be easily damaged, especially by breaking, rust, deterioration, drying, leakage, and ordinary wastage;
- Insufficient labeling of the packages to be transported by the consigner;
- • Transport of live animals; and
- The circumstances, where the provisions of the Customs Law dated of 27/10/1999 and numbered 4458 and other laws and regulations justify the exclusion of the carrier from liability.
The point to be considered here is the issue of proof. Otherwise, the procedures will be carried out accordingly. Although the responsibility may seem to consist of delivery of the goods to you, it is not an easy task to get it properly. The carrier company must fulfill these responsibilities properly. The chain of responsibility is evaluated generally and specially and a guarantee is given accordingly. Those given generally are written under the first heading. Those given specially are related to the company. Such conditions are not covered by the insurance company at 100%. Some of them are covered by the company. This is an important issue to know. The complaints should be made accordingly.
Insurance Obligation of Carrier in Transport of Goods by Road
The most important feature of every type of transport is insurance transactions. Insurance guarantees the financial liability of the carrier. Insurance is the backbone of the transportation. It is an important factor for formation of the transport law. Since Turkey allows the opportunity to give a little tights budget for CMR insurance, demand to the insurance company formed abroad has increased. CMR insurance, the following conditions are guaranteed:
- Damage caused by the overturning of the transport vehicle and some expenses made to compensate for damage of the transported goods;
- Damage to goods that are in general placed properly;
- Age problem seen in some of the goods despite the measures;
- Damage to a vehicle having a perfect running cooling system for any unwanted reason.
However, part of the damages is covered by the carrier company in the CMR insurance system.
The insurance company never gives a CMR guarantee for the following conditions:
- If the spread cloth is torn, the coverage applied to the wet and damaged goods;
- Problems related to the damages that occur before the goods are shipped;
- Damages caused by leaving the vehicle alone and situations related to its source;
- Damages occurring in case of violation of traffic rules during transportation;
- Damages caused by the vehicle due to its own fault; and
- Spoilage of the goods due to late shipment
This system dates back to the past in our country.
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