Department for Maritime and Transport Law ROAD TRANSPORT Doc.dr.sc. Iva Savić Department for Maritime and Transport Law March 12, 2018

Transport of goods/passengers Carriers Act of 1830 – the first legislative intervention in the field of carriage of goods* International codification Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956) + Protocol (Geneva, 5 July 1978) + Additional Protocol concerning the Electronic Consignment Note (Geneva, 2008) Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CVR) (Geneva, 1 March 1973) National regulation

CMR international road transport only > 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 mandatory rules (!) > any stipulation which would directly or indirectly derogate from the provisions of this Convention shall be null and void (art. 41) CONTRACT OF CARRIAGE: 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 prima facie evidence of the making and conditions of the contract evidence of the receipt of the goods by the carrier non negotiable

MATERIAL DAMAGE DELAY TOTAL OR PARTIAL LOSS in delivery DAMAGE TO THE GOODS DELAY in delivery “damage thereto occurring between the time when he takes over the goods and the time of delivery”

liability STRICT LIABILITY relieved of liability … IN GENERAL: if caused by the wrongful act or neglect of the claimant, by the instructions of the claimant given inherent vice of the goods through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent* SPECIAL RISKS INHERENT

special risks (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; (f) Insufficiency or inadequacy of marks or numbers on the packages; (g) The carriage of livestock

LIABILITY LIMITS value of the goods carried: limitation: value of the goods at the place and time at which they were accepted for carriage fixed commodity exchange price /current market price /normal value of goods of the same kind and quality limitation: 25 GF (8,33 SDR) /kg per kilogram of gross weight short + carriage charges, Customs duties and other charges incurred in respect of the carriage of the goods shall be refunded * higher compensation – only when value of the goods or a special interest in delivery declared

loss of the right to limitATION “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.” (art. 29) *case-law FULL AMOUNT!

… in the EU

ROAD FREIGHT TRANSPORT main inland transport mode in the EU accounting for > 74% of all inland transport activity (2014) split between national and international road freight varies considerably national road freight transport (2015) > more than 90 % of inland freight transport in Ireland, Greece and Spain *Cyprus (97.3 %) international in total road freight transport > Latvia (81.3 %), Slovakia (84.4 %), Luxembourg (87.5 %), Slovenia (88.4 %)

Regulation of road transport market in the EU (cont.’d) Regulation (EEC) 881/92 market access – Community authorization Regulation (EEC) 3118/93 laying down conditions under which non-resident carriers may operate national haulage road serivces within another MS Transitional system: Community quota > authorisation 1 July 1998 – NO more QUANTATIVE RESTRICTIONS *safeguard clause - in the event of serious disturbance of the national transport market in a given geographical area due to or aggravated by cabotage Directive (EEC) 2006/94 common rules for certain types of carriage of goods by road Regulation (EC) No 1071/2009 common rules concerning the conditions to pursue the occupation of road transport operator Regulation 1072/2009

Regulation 1071/2009 common rules concerning the conditions to pursue the occupation of road transport operator Conditions: effective and stable establishment in a MS; good repute; appropriate financial standing; requisite professional competence MS may impose additional requirements – condition: proportionate and non- discriminatory

Regulation 1072/2009 ensuring a coherent framework and governing all international road haulage in entire EU (incl. When territory of MS is only crossed in transit) Abandones the concept of general cabotage and adopts the formula of consecutive cabotage (applicable since May 2010) *MS+3 rd countries = bilateral agreements Conditions: COMMUNITY LICENCE DRIVER ATTESTATION (if the driver is a national of a third country) Enforcement: National level Community level

International road carriage (of goods) (a) a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries; (b) a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries; (c) a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States (d) an unladen journey in conjunction with the carriage referred to in points (a), (b) and (c);

cabotage = provision of national transport services carried out within a MS other than haulier’s MS of establishment (non-resident haulier) Limitation - temporary: 3cabotage operations in 7days following an international carriage OPERATION= carriage of a consignment from the picking up until the delivery Provides 1% of total transport activity (compare: domestically registered vehicles account for 67% ) Additional rules apply: Regulation (EC) No 561/2006 Regulation (EC) No 1071/2009 Regulation (EEC) No 3821/85 Directive 96/71/EC etc. + National legislation of host MS regulating the conditions governing the transport contract; weights and dimensions of road vehicles; requirements relating to the carriage of certain categories of goods (in particular dangerous goods, perishable foodstuffs and live animals); driving time and rest periods; value added tax (VAT) on transport services. (exhaustive list)

passengers transport

CVR (1973) Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CVR) (Geneva, 1 March 1973) – 1194, only 9 parties (!) strict liability – relieved of this liability if the accident was caused by circumstances which a carrier, using the diligence which the particular facts of the case called for, could not have avoided and the consequences of which he was unable to prevent limitation: 250.000 GF passenger-victim/trip; UNLESS national law of a contracting state sets HIGHER or NO LIMIT the court or tribunal seized of the case shall determine in accordance with the national law of the place where the said court or tribunal is situated (…) the extent of the injury giving rise to compensation as a result of the death or wounding of or any other doily or mental injury caused to a passenger as well as what persons are entitled to compensation for such injury EU???

Passenger transport in te EU Slow opening Regulation 684/92 permitting any EU transport company to operate passenger services for more than 9 people between MS, regularly or occasionally Regulation 11/98 community licence (bus and coach companies) – to operate in their home country Regulation 12/98 cabotage: (a) occasional services, (b) special regular services, (c) regular services Regulation 1073/2009 access to the intl market for coach and bus services

Passengers rights REGULATION (EU) No 181/2011 non-discrimination between passengers with regard to transport conditions offered by carriers; rights of passengers in the event of accidents arising out of the use of the bus or coach resulting in death or personal injury or loss of or damage to luggage; non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility; rights of passengers in cases of cancellation or delay Scope: passengers travelling with regular services for non-specified categories of passengers where the boarding of the passengers is situated in the territory of a MS and the scheduled distance of the service is 250 km or more Regulation (EC) No 1370/2007 - public passenger transport services

passEngers (international vs eu vs national) CVR ticket + luggage registration voucher LIABILITY: 250.000 GF passenger/voyage – unless national laws provide more(!) REG 181/2011 MIN. 220 000 EUR per passenger EUR 1 200 per item of luggage Scope (!) national laws

2009 road package > common standards and criteria for access to the occupation and international road haulage market EMPLOYMENT / WORKING CONDITIONS VEHICLE SPECIFICATIONS FUEL TAX. ROAD SAFETY SOCIAL REGULATION Regulation (EC) No 561/2006 on driving time and rest periods Directive 2002/15/EC on working time of mobile workers HARMONIZATION *differences among MS in implementation Ensuring level-playing field for all

2017 Transport Community treaty establishing a transport community between the European Union and the Western Balkans > Who wants to prepare a presentation on this topic?