Carriage of Goods by Road Act 1965

Convention to have force of law

1

Subject to the following provisions of this Act, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (in this Act referred to as " the Convention"), as set out in the Schedule to this Act, shall have the force of law in the United Kingdom so far as they relate to the rights and liabilities of persons concerned in the carriage of goods by road under a contract to which the Convention applies.

Designation of High Contracting Parties

2

• (1) Her Majesty may by Order in Council from time to time certify who are the High Contracting Parties to the Convention and in respect of what territories they are respectively parties.

• (2) An Order in Council under this section shall, except so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.

Power of court to take account of other proceedings

3

• (1) A court before which proceedings are brought to enforce a liability which is limited by article 23 in the Schedule to this Act may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the said article 23 and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.

• (2) Without prejudice to the preceding subsection, a court before which proceedings are brought to enforce a liability which is limited by the said article 23 shall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.

Registration of foreign judgments

4

• (1) Subject to the next following subsection, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (in this section referred to as " the Act of 1933 ") shall apply, whether or not it would otherwise have so applied, to any judgment which—

• (a) has been given in any such action as is referred to in paragraph 1 of article 31 in the Schedule to this Act, and

• (b) has been so given by any court or tribunal of a territory in respect of which one of the High Contracting Parties, other than the United Kingdom, is a party to the Convention, and

• (c) has become enforceable in that territory.

• (2) In the application of Part I of the Act of 1933 in relation to any such judgment as is referred to in the preceding subsection, section 4 of that Act shall have effect with the omission of subsections (2) and (3).

• (3) The registration, in accordance with Part I of the Act of 1933, of any such judgment as is referred to in subsection (1) of this section shall constitute, in relation to that judgment, compliance with the formalities for the purposes of paragraph 3 of article 31 in the Schedule to this Act.

Contribution between carriers

5

• (1) Where a carrier under a contract to which the Convention applies is liable in respect of any loss or damage for which compensation is payable under the Convention, nothing in section 6(1)(c) of the Law Reform (Married Women and Tortfeasors) Act 1935, section 16(1)(c) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937, or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 shall confer on him any right to recover contribution in respect of that loss or damage from any other carrier who, in accordance with article 34 in the Schedule to this Act, is a party to the contract of carriage.

• (2) The preceding subsection shall be without prejudice to the operation of article 37 in the Schedule to this Act.

Actions against High Contracting Parties

6

Every High Contracting Party to the Convention shall, for the purposes of any proceedings brought in a court in the United Kingdom in accordance with the provisions of article 31 in the Schedule to this Act to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution, or in Scotland the execution of diligence, against the property of any High Contracting Party.

Arbitrations

7

• (1) Any reference in the preceding provisions of this Act to a court includes a reference to an arbitration tribunal acting by virtue of article 33 in the Schedule to this Act.

• (2) For the purposes of article 32 in the Schedule to this Act, as it has effect (by virtue of the said article 33) in relation to arbitrations.—

• (a) as respects England and Wales, subsections (3) to (5) of section 27 of the Limitation Act 1939 (which determine the time at which an arbitration is deemed to be commenced) shall apply;

• (b) as respects Northern Ireland, subsections (2) to (4) of section 72 of the Statute of Limitations (Northern Ireland) 1958 (which make similar provision) shall apply; and

• (c) as respects Scotland, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party or parties a notice requiring him or them to appoint an arbiter or to agree to the appointment of an arbiter or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated.

Resolution of conflicts between Conventions on carriage of goods

8

• (1) If it appears to Her Majesty in Council that there is any conflict between the provisions of this Act (including the provisions of the Convention as set out in the Schedule to this Act) and any provisions relating to the carriage of goods for reward by land, sea or air contained in—

• (a) any other Convention which has been signed or ratified by or on behalf of Her Majesty's Government in the United Kingdom before the passing of this Act, or

• (b) any enactment of the Parliament of the United Kingdom giving effect to such a Convention,

Her Majesty may by Order in Council make such provision as may seem to Her to be appropriate for resolving that conflict by amending or modifying this Act or any such enactment.

• (2) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Application to British possessions, etc.

9

Her Majesty may by Order in Council direct that this Act shall extend, subject to such exceptions, adaptations and modifications as may be specified in the Order, to—

• (a) the Isle of Man ;

• (b) any of the Channel Islands ;

• (c) any colony;

• (d) any state or territory which is for the time being a protectorate or protected state for the purposes of the British Nationality Act 1948.

Application to Scotland

10

In its application to Scotland, the Schedule to this Act shall have effect as if—

• (a) any reference therein to a plaintiff included a reference to a pursuer;

• (b) any reference therein to a defendant included a reference to a defender ; and

• (c) any reference to security for costs included a reference to caution for expenses.

Application to Northern Ireland

11

• (1) In the application of this Act to Northern Ireland, any reference to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modification.

• (2) In the application of section 4 of this Act to Northern Ireland, any reference to the Foreign Judgments (Reciprocal Enforcement) Act 1933 is a reference to that Act as it applies in Northern Ireland.

• (3) For the purposes of section 6 of the Government of Ireland Act 1920, this Act shall, so far as it relates to matters within the powers of the Parliament of Northern Ireland, be deemed to be an Act passed before the appointed day within the meaning of that section.

Orders in Council

12

An Order in Council made under any of the preceding provisions of this Act may contain such transitional and supplementary provisions as appear to Her Majesty to be expedient and may be varied or revoked by a subsequent Order in Council made under that provision.

Application to Crown

13

This Act shall bind the Crown.

Short title, interpretation and commencement

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• (1) This Act may be cited as the Carriage of Goods by Road Act 1965.

• (2) The persons who, for the purposes of this Act, are persons concerned in the carriage of goods by road under a contract to which the Convention applies are—

• (a) the sender,

• (b) the consignee,

• (c) any carrier who, in accordance with article 34 in the Schedule to this Act or otherwise, is a party to the contract of carriage,

• (d) any person for whom such a carrier is responsible by virtue of article 3 in the Schedule to this Act,

• (e) any person to whom the rights and liabilities of any of the persons referred to in paragraphs (a) to (d) of this subsection have passed (whether by assignment or assignation or by operation of law).

• (3) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.

• (4) This Act shall come into operation on such day as Her Majesty may by Order in Council appoint; but nothing in this Act shall apply in relation to any contract for the carriage of goods by road made before the day so appointed.

SCHEDULE

CHAPTER I — Scope of Application

Article 1

1

This Convention shall apply to every contract for the carriage of goods by road in vehicles for reward, when the 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, irrespective of the place of residence and the nationality of the parties.

2

For the purposes of this Convention, " vehicles " means motor vehicles, articulated vehicles, trailers and semi-trailers as defined in article 4of the Convention on Road Traffic dated 19th September 1949.

3

This Convention shall apply also where carriage coming within its scope is carried out by States or by governmental institutions or organizations.

4

This Convention shall not apply:

• (a) to carriage performed under the terms of any international postal convention;

• (b) to funeral consignments ;

• (c) to furniture removal.

5

The Contracting Parties agree not to vary any of the provisions of this Convention by special agreements between two or more of them, except to make it inapplicable to their frontier traffic or to authorise the use in transport operations entirely confined to their territory of consignment notes representing a title to the goods.

Article 2

1

Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterways or air, and, except where the provisions of article 14 are applicable, the goods are not unloaded from the vehicle, this Convention shall nevertheless apply to the whole of the carriage. Provided that to the extent that it is proved that any loss, damage or delay in delivery of the goods which occurs during the carriage by the other means of transport was not caused by an act or omission of the carrier by road, but by some event which could only have occurred in the course of and by reason of the carriage by that other means of transport, the liability of the carrier by road shall be determined not by this Convention but in the manner in which the liability of the carrier by the other means of transport would have been determined if a contract for the carriage of the goods alone had been made by the sender with the carrier by the other means of transport in accordance with the conditions prescribed by law for the carriage of goods by that means of transport. If, however, there are no such prescribed conditions, the liability of the carrier by road shall be determined by this Convention.

2

If the carrier by road is also himself the carrier by the other means of transport, his liability shall also be determined in accordance with the provisions of paragraph 1 of this article, but as if, in his capacities as carrier by road and as carrier by the other means of transport, he were two separate persons.

CHAPTER II — Persons for whom the Carrier is Responsible

Article 3

For the purposes of this Convention the carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment, as if such acts or omissions were his own.

CHAPTER III — Conclusion and Performance of the Contract of Carriage

Article 4

The contract of carriage shall be 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 of carriage which shall remain subject to the provisions of this Convention.

Article 5

1

The consignment note shall be made out in three original copies signed by the sender and by the carrier. These signatures may be printed or replaced by the stamps of the sender and the carrier if the law of the country in which the consignment note has been made out so permits. The first copy shall be handed to the sender, the second shall accompany the goods and the third shall be retained by the carrier.

2

When the goods which are to be carried have to be loaded in different vehicles, or are of different kinds or are divided into different lots, the sender or the carrier shall have the right to require a separate consignment note to be made out for each vehicle used, or for each kind or lot of goods.

Article 6

1

The consignment note shall contain the following particulars:

• (a) the date of the consignment note and the place at which it is made out;

• (b) the name and address of the sender ;

• (c) the name and address of the carrier ;

• (d) the place and the date of taking over of the goods and the place designated for delivery ;

• (e) the name and address of the consignee ;

• (f) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description ;

• (g) the number of packages and their special marks and numbers ;

• (h) the gross weight of the goods or their quantity otherwise expressed ;

• (i) charges relating to the carriage (carriage charges, supplementary charges, customs duties and other charges incurred from the making of the contract to the time of delivery);

• (j) the requisite instructions for Customs and other formalities ;

• (k) a statement that the carriage is subject, notwithstanding any clause to the contrary, to the provisions of this Convention.

2

Where applicable, the consignment note shall also contain the following particulars:

• (a) a statement that transhipment is not allowed ;

• (b) the charges which the sender undertakes to pay ;

• (c) the amount of " cash on delivery " charges ;

• (d) a declaration of the value of the goods and the amount representing special interest in delivery ;

• (e) the sender's instructions to the carrier regarding insurance of the goods ;

• (f) the agreed time-limit within which the carriage is to be carried out;

• (g) a list of the documents handed to the carrier.

3

The parties may enter in the consignment note any other particulars which they may deem useful.

Article 7

1

The sender shall be responsible for all expenses, loss and damage sustained by the carrier by reason of the inaccuracy or inadequacy of:

• (a) the particulars specified in article 6, paragraph 1, (b), (d), (e), (f), (g), (h) and (j);

• (b) the particulars specified in article 6, paragraph 2 ;

• (c) any other particulars or instructions given by him to enable the consignment note to be made out or for the purpose of their being entered therein.

2

If, at the request of the sender, the carrier enters in the consignment note the particulars referred to in paragraph 1 of this article, he shall be deemed, unless the contrary is proved, to have done so on behalf of the sender.

3

If the consignment note does not contain the statement specified in article 6, paragraph 1(k), the carrier shall be liable for all expenses, loss and damage sustained through such omission by the person entitled to dispose of the goods.

Article 8

1

On taking over the goods, the carrier shall check:

• (a) the accuracy of the statements in the consignment note as to the number of packages and their marks and numbers, and

• (b) the apparent condition of the goods and their packaging.

2

Where the carrier has no reasonable means of checking the accuracy of the statements referred to in paragraph 1(a) of this article, he shall enter his reservations in the consignment note together with the grounds on which they are based. He shall likewise specify the grounds for any reservations which he makes with regard to the apparent condition of the goods and their packaging. Such reservations shall not bind the sender unless he has expressly agreed to be bound by them in the consignment note.

3

The sender shall be entitled to require the carrier to check the gross weight of the goods or their quantity otherwise expressed. He may also require the contents of the packages to be checked. The carrier shall be entitled to claim the cost of such checking. The result of the checks shall be entered in the consignment note.

Article 9

1

The consignment note shall be prima facie evidence of the making of the contract of carriage, the conditions of the contract and the receipt of the goods by the carrier.

2