Carriage of Goods by Road Act 1965

2. Introductory Text

1. Convention to have force of law.

3. 2. Designation of High Contracting Parties.

4. 3. Power of court to take account of other proceedings.

5. 4. Registration of foreign judgments.

6. 5. Contribution between carriers.

7. 6. Actions against High Contracting Parties.

8. 7. Arbitrations.

9. 8. Resolution of conflicts between Conventions on carriage of goods.

10. 8A. Amendments consequential on revision of Convention.

11. 9. Application to British possessions, etc.

12. 10. Application to Scotland.

13. 11. Application to Northern Ireland.

14. 12. Orders in Council.

15. 13. Application to Crown.

16. 14. Short title, interpretation and commencement.

17. 1. SCHEDULE

       Convention on the Contract for the International Carriage of Goods by Road

       1. Chapter I Scope of Application

          1. Article 1

             1. 1. This Convention shall apply to every contract for the carriage...

             2. 2. For the purposes of this Convention, “vehicles” means motor vehicles,...

             3. 3. This Convention shall apply also where carriage coming within its...

             4. 4. This Convention shall not apply: (a) to carriage performed under...

             5. 5. The Contracting Parties agree not to vary any of the...

          2. Article 2

             1. 1. Where the vehicle containing the goods is carried over part...

             2. 2. If the carrier by road is also himself the carrier...

       2. Chapter II Persons for whom the Carrier is Responsible

          1. Article 3

             1. For the purposes of this Convention the carrier shall be...

       3. Chapter III Conclusion and Performance of the Contract of Carriage

          1. Article 4

             1. The contract of carriage shall be confirmed by the making...

          2. Article 5

             1. 1. The consignment note shall be made out in three original...

             2. 2. When the goods which are to be carried have to...

          3. Article 6

             1. 1. The consignment note shall contain the following particulars:

             2. 2. Where applicable, the consignment note shall also contain the following...

             3. 3. The parties may enter in the consignment note any other...

          4. Article 7

             1. 1. The sender shall be responsible for all expenses, loss and...

             2. 2. If, at the request of the sender, the carrier enters...

             3. 3. If the consignment note does not contain the statement specified...

          5. Article 8

             1. 1. On taking over the goods, the carrier shall check:

             2. 2. Where the carrier has no reasonable means of checking the...

             3. 3. The sender shall be entitled to require the carrier to...

          6. Article 9

             1. 1. The consignment note shall beprima facieevidence of the making of...

             2. 2. If the consignment note contains no specific reservations by the...

          7. Article 10

             1. The sender shall be liable to the carrier for damage...

          8. Article 11

             1. 1. For the purposes of the Customs or other formalities which...

             2. 2. The carrier shall not be under any duty to enquire...

             3. 3. The liability of the carrier for the consequences arising from...

          9. Article 12

             1. 1. The sender has the right to dispose of the goods,...

             2. 2. This right shall cease to exist when the second copy...

             3. 3. The consignee shall, however, have the right of disposal from...

             4. 4. If in exercising his right of disposal the consignee has...

             5. 5. The exercise of the right of disposal shall be subject...

             6. 6. When, by reason of the provisions of paragraph 5(b) of...

             7. 7. A carrier who has not carried out the instructions given...

          10. Article 13

              1. 1. After arrival of the goods at the place designated for...

              2. 2. The consignee who avails himself of the rights granted to...

          11. Article 14

              1. 1. If for any reason it is or becomes impossible to...

              2. 2. Nevertheless, if circumstances are such as to allow the carriage...

          12. Article 15

              1. 1. Where circumstances prevent delivery of the goods after their arrival...

              2. 2. Even if he has refused the goods, the consignee may...

              3. 3. When circumstances preventing delivery of the goods arise after the...

          13. Article 16

              1. 1. The carrier shall be entitled to recover the cost of...

              2. 2. In the cases referred to in article 14, paragraph 1,...

              3. 3. The carrier may sell the goods, without awaiting instructions from...

              4. 4. If the goods have been sold pursuant to this article,...

              5. 5. The procedure in the case of sale shall be determined...

       4. Chapter IV Liability of the Carrier

          1. Article 17

             1. 1. The carrier shall be liable for the total or partial...

             2. 2. The carrier shall however be relieved of liability if the...

             3. 3. The carrier shall not be relieved of liability by reason...

             4. 4. Subject to article 18, paragraphs 2 to 5, the carrier...

             5. 5. Where under this article the carrier is not under any...

          2. Article 18

             1. 1. The burden of proving that loss, damage or delay was...

             2. 2. When the carrier establishes that in the circumstances of the...

             3. 3. This presumption shall not apply in the circumstances set out...

             4. 4. If the carriage is performed in vehicles specially equipped to...

             5. 5. The carrier shall not be entitled to claim the benefit...

          3. Article 19

             1. Delay in delivery shall be said to occur when the...

          4. Article 20

             1. 1. The fact that goods have not been delivered within thirty...

             2. 2. The person so entitled may, on receipt of compensation for...

             3. 3. Within the thirty days following receipt of such notification, the...

             4. 4. In the absence of the request mentioned in paragraph 2...

          5. Article 21

             1. Should the goods have been delivered to the consignee without...

          6. Article 22

             1. 1. When the sender hands goods of a dangerous nature to...

             2. 2. Goods of a dangerous nature which, in the circumstances referred...

          7. Article 23

             1. 1. When, under the provisions of this Convention, a carrier is...

             2. 2. The value of the goods shall be fixed accordingly to...

             3. 3. Compensation shall not, however, exceed 8.33 units of account per...

             4. 4. In addition, the carriage charges, Customs duties and other charges...

             5. 5. In the case of delay, if the claimant proves that...

             6. 6. Higher compensation may only be claimed where the value of...

             7. 7. The unit of account mentioned in this Convention is the...

          8. Article 24

             1. The sender may, against payment of a surcharge to be...

          9. Article 25

             1. 1. In case of damage, the carrier shall be liable for...

             2. 2. The compensation may not, however, exceed: (a) if the whole...

          10. Article 26

              1. 1. The sender may, against payment of a surcharge to be...

              2. 2. If a declaration of a special interest in delivery has...

          11. Article 27

              1. 1. The claimant shall be entitled to claim interest on compensation...

              2. 2. When the amounts on which the calculation of the compensation...

          12. Article 28

              1. 1. In cases where, under the law applicable, loss, damage or...

              2. 2. In cases where the extra-contractual liability for loss, damage or...

          13. Article 29

              1. 1. The carrier shall not be entitled to avail himself of...

              2. 2. The same provision shall apply if the wilful misconduct or...

       5. Chapter V Claims and Actions

          1. Article 30

             1. 1. If the consignee takes delivery of the goods without duly...

             2. 2. When the condition of the goods has been duly checked...

             3. 3. No compensation shall be payable for delay in delivery unless...

             4. 4. In calculating the time-limits provided for in this Article the...

             5. 5. The carrier and the consignee shall give each other every...

          2. Article 31

             1. 1. In legal proceedings arising out of carriage under this Convention,...

             2. 2. Where in respect of a claim referred to in paragraph...

             3. 3. When a judgment entered by a court or tribunal of...

             4. 4. The provisions of paragraph 3 of this article shall apply...

             5. 5. Security for costs shall not be required in proceedings arising...

          3. Article 32

             1. 1. The period of limitation for an action arising out of...

             2. 2. A written claim shall suspend the period of limitation until...

             3. 3. Subject to the provisions of paragraph 2 above, the extension...

             4. 4. A right of action which has become barred by lapse...

          4. Article 33

             1. The contract of carriage may contain a clause conferring competence...

       6. Chapter Vi Provisions Relating to Carriage Performed by Successive Carriers

          1. Article 34

             1. If carriage governed by a single contract is performed by...

          2. Article 35

             1. 1. A carrier accepting the goods from a previous carrier shall...

             2. 2. The provisions of article 9 shall apply to the relations...

          3. Article 36

             1. Except in the case of a counter-claim or a set-off...

          4. Article 37

             1. A carrier who has paid compensation in compliance with the...

          5. Article 38

             1. If one of the carriers is insolvent, the share of...

          6. Article 39

             1. 1. No carrier against whom a claim is made under articles...

             2. 2. A carrier wishing to take proceedings to enforce his right...

             3. 3. The provisions of article 31, paragraphs 3 and 4, shall...

             4. 4. The provisions of article 32 shall apply to claims between...

          7. Article 40

             1. Carriers shall be free to agree among themselves on provisions...

       7. Chapter VII Nullity of Stipulations Contrary to the Convention

          1. Article 41

             1. 1. Subject to the provisions of Article 40, any stipulation which...

             2. 2. In particular, a benefit of insurance in favour of the...

       8. Protocol of Signature

          1. 1. This Convention shall not apply to traffic between the United...