What is a CMR note? The road transport document and liability

What is a CMR note

The CMR is the transport document issued for international road freight. Its name comes from the international convention that governs the carriage.

It has three functions:

• Proof that the carrier has received the cargo
• Evidence of the contract of carriage
• A document of instruction given to the carrier

The fourth function of a marine bill of lading — representing the goods — does not exist for the CMR. The document cannot be endorsed, the goods cannot be sold in transit by transferring the CMR, and presentation is not required for delivery.

What the document contains

The core fields that must be completed:

• Sender, consignee, and carrier details
• Place and date of loading
• Place of delivery
• Description of the goods, type of packaging, number of packages, marks
• Gross weight
• Documents attached
• Charges relating to carriage
• Signatures of the sender and the carrier

Writing a generic goods description (“spare parts”, “machine components”) both increases the likelihood of a border inspection and makes it harder to prove what was actually carried in the event of damage.

Reservations: the most critical field

Any damage or shortage noticed on delivery must be written on the CMR.

The reason is legal: for cargo accepted without a reservation, a presumption arises that the goods were delivered in the condition stated on the document. In other words, the burden of proving otherwise shifts to you, and this is usually impossible.

The correct reflex is this: check the packaging on delivery, write any damage or shortage clearly on the CMR, photograph it, and preserve the packaging without disturbing it. Saying “we’ll look into it later” effectively means losing the right to claim.

Notification periods also exist for hidden damage, and they are short; written notification must be given as soon as it is discovered.

Why liability is limited

The CMR Convention places an upper limit on the carrier’s liability for compensation. This limit is calculated not on the value of the goods but on their weight.

The consequence is this: for loads with low unit weight but high value — electronics, pharmaceuticals, precision equipment — the compensation obtainable from the carrier falls well short of the actual loss.

The carrier’s liability also arises only where it is at fault; force majeure and the goods’ own inherent defects fall outside its scope.

The only thing that closes this gap is cargo insurance; cover is arranged on the basis of the goods’ actual value.

Common mistakes

Accepting delivery without a reservation. The most costly mistake; the presumption works against you.

Writing a generic goods description. Increases both the inspection risk and the difficulty of proof.

Naming the wrong party in the sender field. Directly affects the contractual relationship and the right to claim.

Declaring the weight approximately. Creates problems both in the liability calculation and at inspection.