The transportation of goods or people in a safe, fast and sound manner is generally called transportation. There are many types of transport. Although the types vary, the purpose is the same. Some legal problems may arise during transportation activities. These problems arise between insurance companies, the carrier and the shipper and are brought to the judiciary. In law, the rules related to this subject are not examined in a single structure. The rules are progressing in a messy way. The first thing to look at in problems related to transportation law is which rule will be applied to the case. There is a solution to the issue not with the law, but with the rules. One of the biggest problems that confront us with transportation law is road transportation. The cases with the highest number of legal disputes arise from road transport. Transportation is mostly done via highways. For this reason, it raises a number of problems. E.g;
The responsibility of the carrier,
The responsibility of the carrier,
Responsibility of the company arranging the transportation,
The right of recourse of the Insurance Companies to the defective party,
It contains many responsibilities in sub-titles such as. When these responsibilities are not fulfilled correctly, they may turn into legal disputes. The legal branch used in solving legal problems is the law of transportation. The one who is an expert in this subject is Istanbul Transport Law Attorney. Our law firm, which has a staff specialized in transportation law, provides full support to foreign and Turkish companies and insurance companies in transportation law.
Transport law has its own rules and not all rules are regulated in Turkish Laws. The Istanbul Transport Lawyer should evaluate the legal problem before him and predict which rules will be applied. With our expert lawyer staff, we provide full support to our foreign and Turkish corporate clients on transportation law. Some of these supports are;
How many days the load will go and tracking the time,
When the cargo to be transported is shipped from the company and when it will reach the destination,
General characteristics and price information of the goods to be transported,
Responsibilities of the companies that carry and ship the goods,
Characteristics related to the type of vehicle carrying the load and the type of transportation,
Information on where to send the cargo,
Arrangement of a transport contract related to the general information of the goods to be transported,
Special circumstances regarding the packaging of the transported goods,
Istanbul Transportation Lawyer provides full support to Turkish and Foreign Company Clients in matters such as determining whether a correct path is followed in terms of capacity in terms of the vehicles with the loads.
Each type of transport has a pricing according to its type. Regulations and determinations related to this pricing should be made correctly.
Each of these clauses represents a rule in the transport system. These rules constitute the law to be applied in terms of disputes. In cases where the rules are not applied correctly, Istanbul Transport Lawyer provides the application to the law. Each transport has its own rules. There are common rules to be applied for all types of transport. Maritime transport and road transport differ in terms of rules. For example, each type of transportation should be evaluated according to its own rules and situation, as the fee will differ in terms of time and amount of goods to be transported. Transport law is a very important subject. There are many regulations and rules in Transportation Law. Legal problems, responsibilities and problems that occur with insurance are included in the law of transportation. The legal field in which the solution of legal problems will be found is the law of transportation.
Contract is the most important stage in transportation. In Transport Law, every issue in contracts should be regulated in detail. Legal problems are solved according to the articles written in the contract. Nothing can be done that is not written in the contract, and the articles written in the contract cannot be deficient. Everything is arranged proportionally. The parties draw up and approve the contracts. Istanbul Transport Lawyer provides full support to its clients in this regard. In transport law, contracts are shaped according to types. Each type of transport has its own contract. The contents of these contracts will vary depending on the type of event, the type of transportation, the price, the quantity and the nature of the product transported. Contracts by type are as follows.
Shipping by sea: Ocean Bill of Lading,/Sea waybill
Freight rail: Railway Bill
Road transport: Truck bill of lading or CMR road transport deed
Air transport: Airway bill/Air transport bill
Forwarder international documents;
FCR: Forwarders Certificate of receipt
FCT: Forwarders Certificate of transport,
FBL: FIATA Negotiable combined transport bill of lading data/negotiable mixed transport bill of lading
FWR: FIATA warehouse receipt/FIATA warehouse receipt
TBL: through bill of lading bill of lading
These agreements are legal documents in terms of being effective between the parties. All kinds of information about the parties are included in these agreements.
International Convention on the Carriage of Goods by Road (CMR)
CMR is a goods transport document issued for international trucking. CMR content;
The CMR document is prepared in the form of three main documents. The first document prepared is prepared for the exporter, the second document to be sent with the goods and the last one to remain in transit. After the CMR document is prepared, it is signed by the shipper and the carrier. Turkey’s participation in the CMR convention was approved by the law numbered 3939 dated 07.12.1993. CMR is an international document. It has 56 party countries. These are the rules accepted by the countries engaged in road transport.
Among the CMR member countries, there are many countries such as Azerbaijan, Bulgaria, Syria, Greece, Hungary, Georgia, Germany, Italy, Iran etc. It is known that we frequently do road trade with our border neighbors. A common law of transport was formed spontaneously, as international transport is constantly carried out.
Disputes arising from Contracts for Carriage of Goods by Road
As road transport is the most common type of transport, it causes some problems and conflicts. These problems play a role in the formation of a formation in the context of transport law. Disputes in road transport can be based on the carrier, insurance company or company. The emergence of the conflict problem is possible in many ways. These figures are as given below.
Disputes arising from the carrier,
Disputes arising by the transport company,
Disputes arising by the person or persons receiving the goods,
Carrier’s Responsibility for Carriage of Goods by Road,
There are some problems that arise inevitably in road transport. These problems impose responsibilities on the carrier company. These responsibilities form part of the transport law. The carrier is responsible for delays due to partial or all damages to the transported cargo during the transportation process. These responsibilities
Damage and loss liability,
It can be grouped under two headings, namely liability for delay.
Responsibilities are explained with different views. The first of these accepts the responsibility of the carrier for delay, damage and loss of the cargo as fault liability. Another point of view is that the liability arising from loss of damage and delay is considered as a strict liability whose legal nature has been softened. To avoid carrier liability;
The use of an open-top vehicle in accordance with the contract or custom, or loading onto the deck.
Insufficient packaging by the sender.
Processing, loading or unloading of goods by the consignor or consignee.
the item; its natural nature, which causes it to be easily damaged, especially by breaking, rusting, deterioration, drying, seepage, ordinary waste.
Insufficient labeling of packages to be transported by the sender.
Live animal transport.
Cases where the provisions of the Customs Law No. 4458 and dated 27/10/1999 and other laws and regulations justify the carrier’s release from liability,
If the carrier proves such reasons, he will be freed from this responsibility. The situation that should be considered in terms of avoiding liability is the element of proof. Although the responsibility seems to consist of delivering the goods to the buyer, it is not an easy task to deliver the goods properly. The carrier company must fulfill these responsibilities completely. The chain of responsibility is evaluated as general and specific and a guarantee guarantee is given accordingly. In general, they are written under the first heading. If it is given privately, it is a situation related to the company. In such legal disputes, the damage is not covered by the insurance company. Some of this is covered by the company. This is an important issue to know. Complaints should be accordingly. Istanbul Transport Lawyer provides full support to its clients in the follow-up of these transactions.
Insurance Obligation of the Carrier in Carriage of Goods by Road
It is the most important and important insurance transactions in every type of transportation. Insurance covers the financial liability of the carrier. Insurance is an indispensable element of transportation. It is an important factor in the formation of transport law. As Turkey’s CMR insurances offer a somewhat narrow budget, the demand for insurance companies established abroad has increased.
In CMR insurances;
Some expenses incurred for damage to the goods transported by the overturning of the transported vehicle and for the compensation of the damage of these damaged goods,
Damage to properly placed goods in general,
Despite the measures, the age problem seen on the bases of the goods,
Damage to a vehicle with a fully functioning cooling system due to an undesired reason,
Such matters are covered, but the carrier company pays a part of the losses incurred in the CMR insurance system.
CMR non-guaranteed situations;
If the spread cloth is torn, the guarantee applied to the wet and damaged goods,
Problems related to damage before the goods are transported,
Damages caused by leaving the vehicle alone and situations related to its source,
Damages in case of violation of traffic rules while in transport,
Damages caused by the vehicle to the goods due to its own fault,
Deterioration of transported goods due to late shipment,
In such cases, the insurance company does not provide a guarantee. This system is old in our country.
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