Use the right tool for the job

There are three agreements that are essential to the carriage of goods by road. Central to all of them is the actual method of conveyance – the truck or horse and trailer used to perform the carriage. ANDREW ROBINSON explains further.

The first of these agreements is the contract of carriage. The second and third are the contracts of insurance – being the goods in transit insurance (for the benefit of the cargo interest in the event of the physical loss or damage to the goods) and the carrier’s liability insurance (for the benefit of the carrier in the event that it becomes liable to the cargo interest and third parties).

The contract of carriage, at its most basic, requires the cargo interest to provide the goods at an agreed place and to pay the freight. The haulier undertakes to properly and carefully load the goods, carry and deliver the goods from one agreed place to another and then unload them.

At the very least it is an implied term of the carriage agreement that the haulier will use vehicles and trailers that are roadworthy and suitable for the carriage of the goods. If an inappropriate vehicle or trailer is used, then the haulier will be in breach of the agreement and liable to the cargo interest.

The same applies to the insurance – where the cargo interest also performs the carriage, then the appropriate conveyance must be used. If not, then there may be no cover.

And where the haulier has its potential liability insured, the insurer will often include a warranty that the haulier will only use the appropriate vehicle for the goods to be carried.

We have seen a number of claims lately where cargo has been damaged because the incorrect vehicle or trailer has been used. Either the trailer has been poorly maintained allowing goods to become water damaged, or the trailer used to carry pallets of beverages was simply not suitably configured to ensure that the goods would survive the ordinary and expected incidents of the trip.

Contractually, a road haulier is usually responsible for the safe and proper securing of the cargo. Whilst the Road Traffic regulations are quite clear with regard to the need for load limits both as to weight, height and safe stowage, there is very little (outside of the permitting of abnormal loads) regulating the type of vehicle to be used for particular cargoes.

Obviously, it is in the haulier’s best interest to use vehicles and trailers that will safely carry and deliver the cargo and that will cope with the usual issues faced on a trip – sudden braking, taking corners at a reasonable speed, high winds and rainfall.

So, when it comes to selecting the conveyance to carry the goods, a haulier must be sure that it complies with its obligations both under the contract of carriage, and the contracts of insurance – and, in particular – with any warranties relating to the appropriateness of any vehicle used.