Laws

Law of transportation is not an easy subject and courts are continuously dealing with that matter in order to regulate the great variety of laws and conditions under consideration of the most different kinds of transport operators within the scope of enterprises involved in a transportation chain.
We would therefore like to give you a brief overview of some most important transportation laws. (Changes and omissions reserved).
Any carrier (airborne, waterborne, rail, road) had its own liability provisions and conditions prior to passing of the transportation reformation bill on September 25, 1998 by the German legislator.
Nevertheless, it is nearly impossible to regulate all transport contracts in a specifically correct way, particularly as most different kinds of carriers could be used such as transport by truck (road) that is brought to a port using the railroad (rails) to be shipped to the country of destination by a Ro/Ro ship (water).
Naturally, the issue of respective liability in case of possible damages, losses, etc. should be governed by all laws and conditions.

You may look up some sample points on various transport laws and conditions on out homepage. Among others, we have presented the complete ADSp conditions for you for instance. We would furnish you with complete conditions separately on your specific request of course.

Some of the most important laws and conditions in their meaning in the following:

CMR (Agreement on Transportation Contract for International Road Haulage)
The original CMR would read <<Convention relative au contrat de transport international de Marchandises par Route>> i.e., road transports. 27 countries have joined this or entered in this intergovernmental agreement and thus accepted the most important law in the transport trade. All rights and duties are regulated between principal and agent under road transport law. You find CMR here.

GüKG (Road Haulage Act)
The BAG authority (Federal Bureau of Goods Transportation) is responsible for observation of all laws and regulations by vehicle owner and vehicle driver on the road. GüKG specifies all details and regulations pertaining to commercially and remuneratively transported goods using vehicles above 3.5 tons permissible total weight i.e., not important between principal and agent of transportation. For GüKG (Road Haulage Act) look here.

HGB (German commercial code)
Governed by para 407 through 466 of HGB, transport business i.e. rights and obligations between principals and agents participating in transportation is regulated. However, CMR regulations have priority over HGB in international road transport trade whereas HGB serves as underlying law for national traffic.

ADSp (German General Terms of Forwarding)
The associations of forwarders and shippers work out the ASDp conditions, so this is a "mutual agreement". ADSp serves forwarders as terms of trade in their latest version and insurers and courts would consider these terms to be basis of already completed contract drafts reverting to them for reaching verdicts.
ADSp represents the most important regulations for forwarders. 94% of all forwarders do business on this basis and 84% of all shippers assume validity of ADSp when concluding transport agreements. (Information acc DHIT of 1999)
You will find the complete text of ADSp here.

VBGL (Terms for Freight Handling and Logistical Entrepreneurs)
Recommendation of BGL (Federal Association Road Transport and Logistics) to all member companies. Mainly of interest to involved haulage contractor and customer. VBGL must be expressively agreed upon before otherwise effectiveness would not be given.
You find VBGL here.

BSK (General Terms of Federal Professional Group Heavy Loads and Crane Work)
Recommendation of Federal Professional Group Heavy Loads and Crane Work to all member companies. Mainly of interest to involved haulage contractor and customer. BSK must be expressively agreed upon before otherwise effectiveness would not be given.
The BSK terms regulate specific requirements for heavy loads and crane work due to specific necessities such as approval procedure if not specifically regulated by other laws and regulations.

CIM (International Agreement on Freight Traffic on Rail)
The original reads <<Convention Internationale concernat le transport des Marchandises par chemin de fer >> i.e. carriage by rail.
This agreement has been in force ever since January 1, 1965 forming legal basis for concluding freight contracts in international rail freight traffic, possibly also between principal and agent.