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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
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Two Types of Responsibilities contractual responsibility administrative and penal responsibility ContractualAdm. - penal
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Contractual Responsibility Civil Code Tasks and Responsibilities Consignor Transport Operator Co-operation
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The Consignor’s Contractual Responsibility pack the cargo transmit all documents load the vehicle give instructions cover freight and expenses
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Administrative and Penal Responsibility Traffic Code Special cargo (bulk, dangerous goods) Drivers’ rest and driving time Vehicle regulations Licences / documents
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Traffic Code penal implications administrative penalty (Euro 120-1’200) „objective responsibility” of the vehicle holder - unconstitutional
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Special Cargo ADR Cargo in bulk Perishable foodstuffs and live animals Waste
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Driving and Rest Time Driver’s and/or company’s responsibility consignor’s responsibility not explicitly defined
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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
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Thank you for your attention. Dr Judit SOMLÓ
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