Contrary to popular opinion, it is not the carrier who is responsible for loading and securing the goods on the semi-trailer, but the sender (unless the parties to the contract of carriage have agreed otherwise). However, if the carrier sees a defectively loaded shipment and does not make any comments, it may be considered grossly negligent.
According to Art. 43 of the Transport Law [Loading activities]
- Unless the contract or a specific provision provides otherwise, loading activities are the responsibility of the sender or recipient, respectively.
- The sender, recipient or other entity performing loading activities is obliged to perform them in a way that ensures the carriage of goods in accordance with the road traffic regulations and the provisions on public roads, and in particular not causing a threat to road safety, exceeding the permissible weight of vehicles or exceeding the permissible axle loads.
Article 17 section 4c. CMR Subject to the provisions of Article 18, paragraphs 2 to 5, the carrier shall be relieved of his liability if the loss or damage to the goods was caused by special danger arising from one or more of the following causes: or by persons acting on behalf of the sender or recipient;
legal adviser Jerzy Klimkowski
