CMR: the consignment note and the carrier’s liability
Operational guide · CMR Convention (1956) and 1978 Protocol
What the CMR Convention is
The CMR Convention (Convention on the Contract for the International Carriage of Goods by Road, Geneva, 1956) governs the contract when the place of loading and the place of delivery are in two different countries, of which at least one is a party to the Convention. It applies mandatorily: contract clauses that depart from it are null and void (Art. 41).
The 1978 Protocol replaced the original unit of account with the IMF Special Drawing Right (SDR), setting the compensation limit at 8.33 SDR per kilogram of gross weight short.
The CMR consignment note: mandatory particulars
The consignment note (Art. 4-6) is proof of the contract, but its absence or irregularity does not affect the existence or validity of the contract of carriage. It must be made out in three original copies signed by the sender and the carrier. Art. 6 lists the particulars it must contain:
| Mandatory particulars (Art. 6.1) | Particulars where applicable (Art. 6.2) |
|---|---|
| Place and date of issue | Prohibition of transhipment |
| Name and address of sender and carrier | Charges the sender undertakes to pay |
| Place and date of loading; place of delivery | Amount of cash on delivery |
| Name and address of the consignee | Declared value and special interest amount |
| Nature of the goods and packaging | Instructions for customs |
| Number of packages, marks and gross weight | Agreed time limit for delivery |
| Carriage charges; customs instructions | List of documents handed to the carrier |
Carrier’s liability
The carrier is liable for total or partial loss and for damage occurring between taking over and delivery, as well as for delay in delivery (Art. 17.1). It is relieved if the damage is caused by the claimant’s fault, the claimant’s instructions, inherent vice of the goods or circumstances it could not avoid (Art. 17.2), and by the special risks in Art. 17.4 (agreed open vehicle, lack of packing, handling by the sender, nature of certain goods, insufficiency of marks, carriage of livestock).
Compensation limits
| Case | Limit |
|---|---|
| Loss or damage (Art. 23) | Value of the goods, capped at 8.33 SDR/kg of gross weight short |
| Delay in delivery (Art. 23.5) | Up to the carriage charges, if the loss is proven |
| Declared value or special interest (Arts. 24 and 26) | Raise the limit in exchange for an agreed price surcharge |
| Wilful misconduct or equivalent default (Art. 29) | The carrier loses the right to invoke the limits |
Claims and deadlines
- Apparent damage: reservations at the time of delivery (Art. 30.1).
- Non-apparent damage: written reservations within 7 days of delivery (excluding Sundays and public holidays).
- Delay: written claim within 21 days of the goods being placed at disposal.
- Limitation period (Art. 32): 1 year as a general rule; 3 years in the case of wilful misconduct or equivalent default.
This guide summarises the CMR Convention regime for operational purposes and does not constitute legal advice. The e-CMR (electronic consignment note) is governed by the 2008 Additional Protocol and its coverage may vary by country.
Official sources cited
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