The Consignor’s Responsibility in the Framework of the Instructions given to the Transport Operator Dr Judit SOMLÓ, lawyer, Legal Advisor of MKFE, Hungary 7 th Symposium of Lawyers, Members of the IRU Legal Assistance Network St. Petersburg, 30 April 2008

Two Types of Responsibilities contractual responsibility administrative and penal responsibility ContractualAdm. - penal

Contractual Responsibility Civil Code Tasks and Responsibilities Consignor Transport Operator Co-operation

The Consignor’s Contractual Responsibility pack the cargo transmit all documents load the vehicle give instructions cover freight and expenses

Administrative and Penal Responsibility Traffic Code Special cargo (bulk, dangerous goods) Drivers’ rest and driving time Vehicle regulations Licences / documents

Traffic Code penal implications administrative penalty (Euro 120-1’200) „objective responsibility” of the vehicle holder - unconstitutional

Special Cargo ADR Cargo in bulk Perishable foodstuffs and live animals Waste

Driving and Rest Time Driver’s and/or company’s responsibility consignor’s responsibility not explicitly defined

Conclusion Easier to sanction the transport operator Retaining a vehicle as a tool to force the payment transport operator to file a lawsuit against the consignor = not an ideal solution

Thank you for your attention. Dr Judit SOMLÓ