The Convention on the Contract for the International Carriage of Goods by Road (CMR) was concluded at Geneva on 19 May 1956 by the Inland Transport Committee of the Economic Commission for Europe. It is not the 1949 Convention on Road Traffic, which it invokes for the definition of vehicles, nor the 2008 Additional Protocol on the electronic consignment note. The authentic texts are English and French, in a single copy. After 31 August 1956 the original is deposited with the Secretary-General of the United Nations, who transmits certified copies. The Protocol of Signature has the same force. It was registered as UNTS No. 5742, volume 399.
The preamble recognises the desirability of standardizing the conditions governing the contract for the international carriage of goods by road, particularly the documents used and the carrier’s liability. Article 1: the Convention applies to every contract for the carriage of goods by road in vehicles for reward when the place of taking over and the place designated for delivery are situated in two different countries, of which at least one is a Contracting country, irrespective of the residence or nationality of the parties. It does not apply to carriage under an international postal convention, funeral consignments or furniture removal. The Parties agree not to vary its provisions by special agreements, except for frontier traffic or consignment notes representing a title to the goods used entirely within their territory.
Article 4: the contract of carriage is confirmed by the making out of a consignment note; the absence, irregularity or loss of the note shall not affect the existence or validity of the contract. Article 5: three original copies, signed by the sender and the carrier. Article 9: the consignment note is prima facie evidence of the making of the contract, its conditions and receipt of the goods. No operational form is transcribed. Article 3: the carrier is responsible for the acts and omissions of his agents and of other persons of whose services he makes use for the performance of the carriage.
Article 17: the carrier is liable for total or partial loss of the goods, damage and delay between taking over and delivery, with the grounds of relief provided (wrongful act of the claimant, inherent vice, circumstances the carrier could not avoid), and may not rely on the defective condition of the vehicle. Article 41: any stipulation which would directly or indirectly derogate is null and void, subject to Article 40. The Protocol of Signature excludes traffic between the United Kingdom and Ireland and undertakes to negotiate later conventions on furniture removals and combined transport.
Article 42: open for signature until 31 August 1956 inclusive by ECE members and countries admitted in a consultative capacity, thereafter for accession; ratification is deposited with the Secretary-General. Article 43: it comes into force on the ninetieth day after five instruments have been deposited. The UN Treaty Collection records 2 July 1961. A 1978 Protocol updated limits of liability; the e-CMR Additional Protocol was opened in 2008. They are not this instrument.
Cover: the Palais des Nations in Geneva, seat of the Economic Commission for Europe; we do not claim the hall. Wikimedia Commons, free licence.
Sources consulted: CMR Convention; Convention on the Contract for the International Carriage of Goods by Road (CMR) (UNECE).
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