road (auto) transport

Road (Auto) Transport

Georgiana Surdu

[email protected]

It is a contract by which a professional auto carrier undertakes to transport a specified quantity of goods from the place of shipment to the place of destination for a sum of money (transport fee).

The document for this type of transport it is called International (Road) Consignment Note.

This is completed in 4 copies:

one accompanies the goods and is delivered to the recipient with it;

another remains to sender (exporter) proving the existence of contract, delivery of goods in the custody of the carrier and transport conditions;

third copy is retained by the carrier;

the fourth is reserved for administrative procedures.

International road transport

If the contracting parties agree that the export-import cargo to be shipped by truck, they shall specify in the contract who will engage the carrier and what costs will incur for each partner, using one of the Incoterms 2010 delivery conditions.

As a feature of road expedition is that the loading of the goods in the transport vehicle can be performed at the factory/ warehouse of the exporter.

This requires a proper and in time notification of the date on which the vehicle must present to load the goods (especially if provided by the importer), and a detailed organization of the shipment operations (cargo preparation, loading, customs clearance and other formalities), in order to avoid additional parking of the vehicle.

The sequence of expedition operations:

1. Loading a cargo in the vehicle;

2. Completion of the contract for the International carriage;

3. Announce the recipient about the expedition of goods.

International expedition

The charger will seek to make optimal use of transport capacity of the vehicle being in the regulations for overweight (up to 8 tons/axle weight , usually ).

Loading the vehicle to full capacity is a necessity, given the high cost of transportation, and the transport fee is calculated based on maximum carrying capacity of the truck and the distance map.

In order to properly stack the cargo, which excludes its breakage during transport, the liability (responsibility) belongs to the driver, it will require accurate data about the goods (dimensions, weight and other characteristics).

Loading will be done under the supervision of the driver within the period prescribed by the contract of carriage, overcome this period will lead to the collection of penalties.

The driver will take the goods loaded for transport.

Loading a cargo in the vehicle

The International (Road) Consignment Note (CMR) represents material evidence of conclusion of international road transport of goods, as proof of receipt of the goods by the carrier.

The data necessary to complete the CMR form can be found in the expedition instructions, the carrier representative (driver) receives from the exporter or a broker working for it.

CMR forms are available to the exporter by the carrier.

Completion of the contract for the International carriage

Road waybill (CMR model) is a non-negotiable document, which shall be made in three originals by the charger and signed by the charger and the carrier.

The first copy remains to the charger after delivers the goods, the second shall accompany the goods and will be issued to the recipient (importer), and the third copy shall be retained by the carrier.

In order to make customs clearance as well as other formalities, the charger can produce more copies (without commercial value) after the original in its possession.

If the goods were loaded in different vehicles, or about different kinds of goods in separate lots, charger and carrier may agree to prepare the CMR separately for each vehicle or each type of goods.

Completion of the contract for the International carriage (continued)

CMR must contain at least the following mandatory fields:

place and date of issue, name and address of the exporter and the carrier, place and date of receipt of the goods and the place designated

for delivery, name and address, data on cargo delivery condition (INCOTERMS 2010), transport costs, instructions for customs clearance, statement that the carriage is subject to the regime established

by CMR.


The carrier representative shall verify the accuracy of the statements in the waybill and apparent condition of the goods and their packaging, with the right to enter any comments in the consignment note.

The exporter has the responsibility for the accuracy of the data entered in the consignment note, as for all damages caused to the vehicle or third party due to package or goods.

The charger shall append to the consignment note all necessary documents on goods (commercial invoice, specification list, quality certificates, origin and health certificates, the export / import license).


The carrier is responsible for the loss of documents, and for loss or damage of goods that have been delivered.

If the goods are not delivered to the recipient within 60 days of receiving it from the charger, it is considered lost, the carrier will bear the corresponding compensation (up to the value of the lost goods).

The recipient (importer) must complete a document for finding the goods within 7 working days from delivery, otherwise shall be presumed that it has received the goods in the condition described in the consignment note.


Announcing the recipient about the expedition of goods is done usually within 24 hours by fax or e-mail.

The announce must contain a minimum of data needed to identify the shipment, such as:

external contract number,

date of shipment,

registration number of the vehicle,

Cargo specification, etc.

Announce the recipient about the expedition of goods

Goods shipped by road vehicles can circulate under a TIR Document.

Customs Convention on the international transport of goods under TIR Document was signed in Geneva in 1959, as subsequently revised.

Romania acceded to the Convention in 1963. TIR Documents are nested documents printed by the International Road Transport Union (IRU), based in Geneva, which provides, against some guarantees, to the affiliated national associations.

These books contain several tabs, each consisting of two parts: the removable one it is called voucher, and the fixed one it is called jelly.

After use, the spine of the book and unused vouchers must be returned to national guaranteeing association that issued them.

Sending goods using a TIR Document

Transport of goods using the TIR Document allows passage through border points of entry / exit of the IRU members states without physical customs checks.

Transit customs recognize the stamps of the customs from the country of shipment and consider the goods are safe since customs who assisted in loading ensures trough the seal affixed on the vehicle that the data on the product's name, quantity and value contained in the documents are real.

Detailed customs control is performed at the ends of the route (the place of loading and place of destination).


After loading the cargo in the vehicle and perfecting the customs export declaration, the customs authorities shall specify in the TIR Document the seals and serial number, breaking the first voucher of the TIR Document and applying customs stamp on the remaining jelly spine.

On arrival of the goods at the border, leaving the exporter's country, the customs control the documents and check the status of customs seals.

If the seals are intact, the cargo receives customs clearance, breaking next voucher from TIR Document, which will be send to the customs who performed the initial inspection, and applying customs stamp on the remaining jelly spine.

At the entrance in the importer’s country, the customs authority will do the same and leave the goods being transported to the destination where it will break the seal, open the vehicle and clearance is performed by local customs authorities.


Starting with January 1, 2007, Romania as a Member State applies the TIR Convention respecting the peculiarities, the European Union is considered one territory in terms of using the TIR procedure. In this regard, the TIR Document can be used in the European Union as follows:

TIR operation begins outside EU and ends in the EU;

TIR operation begins in the EU and ends outside the EU;

TIR operation begins and ends outside the EU, with transit of the EU territory.

TIR operation begins and ends in the EU, in transit to a third country which is party of TIR Convention.


Road transport – 2nd part Challenges and developments

Challenges

Drivers are confronted with ever more congested roads while one out of four heavy goods vehicles still runs empty.

Road users expect safer and more secure roads and the working conditions of professional drivers should remain attractive

Fuel prices keep on rising, as does he need to reduce air and noise pollution and the carbon footprint to which road transport contributes.

Moving towards low-carbon and more energy efficient transport will depend on new technologies like hybrid and electrical motors, as well as developing more efficient urban and intermodal transport solutions as alternatives to road haulage. Reaching these goals should be supported by financial, fiscal and pricing incentives.

Modal split intra- EU goods transport in 2013

Modal split intra- EU passenger transport in 2013

The EU internal market for transporting freight by road has been opened, and the EU has progressively established a comprehensive set of uniform rules to ensure fair competition among road transport operators.

The open internal market created the possibility for transport operators to supply services across national borders. To do so, they must respect a set of common regulations. Updated rules took effect in December 2011. To carry goods or passengers between Member States, operators must fulfill four criteria.

Cabotage

The four criteria are:

Good reputation: professional operators must meet adequate ethical and entrepreneurial standards. Failure to apply or respect EU rules will mean exclusion.

Sound financial standing: each year, operators need to show capital assets equivalent to €9 000 for the first vehicle and €5 000 for each additional vehicle.

Professional competence: operators must pass a standard exam to assess their practical knowledge and aptitude.

Establishment: operators must demonstrate that they have an effective and stable establishment in an EU Member State.

Cabotage (continued)

Cabotage is one way of reducing congestion and boosting efficiency. Cabotage allows a carrier from one country to transport goods within another country on a temporary basis when making international deliveries (thus, if a Danish truck

delivers a cargo to Bordeaux and is due to drive empty to pick up a return load in Lyon, it

can carry goods from Bordeaux to Lyon).

Operators from all the Member States, including the ones which joined the EU in 2004 and 2007, are now free to carry out temporary cabotage subject to certain rules.

Other rules of cabotage

The EU sets limits for the weight and dimensions of heavy duty vehicles used for transport in Europe to avoid damage to roads, bridges and other infrastructure, and to ensure the maximum level of safety on roads. For instance, the maximum weight for trucks is 40 tons or 44 tons when carrying a container for combined transport operations.

The rules also allow Member States to authorize on their own territory and under certain conditions longer and heavier vehicles on their own roads or to carry out specific tasks.

Other rules of cabotage

EU road freight transport by type of operation in 2013

The EU sets a series of social provisions for professional drivers working conditions, which also contribute to road safety and underpin fair competition among operators. The rules fix:

A daily driving period of no more than nine hours, with a break of at least 45 minutes after 4.5 hours of driving.

Ten-hour driving periods are possible twice a week; a maximum weekly driving time of 56 hours (or 90 hours per fortnight);

Daily rest periods of at least 11 hours (with the option of cutting this to nine hours, three times per week);

A weekly rest period of 45 continuous hours; this can be cut to 24 hours every second week (with appropriate compensation).

Rules regarding drivers safety

Every truck on EU roads must be fitted with a tachograph to record information on each journey such as

driving times and rest periods. Tachographs were first introduced in 1985. Now digital can record data such as speed, distance covered and driver identification — with much greater accuracy.

These data once processed make it easier to check compliance with EU rules by operators and drivers.

The Commission require Member States to provide parking areas at 50 km intervals on motorways to offer commercial road users adequate parking space with an appropriate level of safety and security.

road (auto) transport

Documents

transport vehicle

expedition of goods

transport conditions

type of transport

delivery of goods

international expedition

goods dimensions

contract of carriage