Legal
“ Whilst the carriage of goods is the most important aspect of compulsory legislation overriding the BIFA STCs, it must be remembered that Clause 2(B) refers to all extant compulsory legislation...
during which the cargo is in the charge of the air carrier at an airport or in flight, and not to any carriage by land, sea or river outside an airport even if so conveyed within the geographical scope of an air waybill Quantum Corporation Ltd v Plane Trucking Ltd and Another [2002] 2 Lloyd’s Rep 25 – Court of Appeal applies. The Uniform Rules Concerning the International Carriage of Goods by Rail (CIM) – Appendix B to the Cotif Convention of 1980 enacted by the International Transport Conventions Act 1983. This Convention concerns the international carriage of goods by rail. Most European countries have adopted the CIM Rules. With some exceptions, the CIM Rules apply to all consignments of goods for railway carriage under a through consignment note made out for a route over the territories of at least
two states that have adopted them. There also exists the Multimodal Transport Convention of 1980 and also The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2009 (“The Rotterdam Rules”) but at the time of writing they had not been enacted in the UK or elsewhere and until then they can be disregarded. Examples of when the BIFA STC • Road carriage within the UK not forming part of a contract for the international carriage of goods by road (unless a CMR consignment note is taken over). • Road carriage to and from the UK and the Republic of Ireland, and to and from the UK and Jersey. • Sea carriage when a bill of lading or equivalent document is not issued. • Multimodal ISO container carriage are NOT overridden by Compulsory Legislation:
other than the leg by sea carriage. • Packing, warehousing and terminal handling when they do not form part of carriage covered by an International Convention. • Activities other than the carriage of goods. • Error and omission claims which for example, concern documents and Customs formalities. Whilst the carriage of goods is the most important aspect of compulsory legislation overriding the BIFA STCs, it must be remembered that Clause 2(B) refers to all extant compulsory legislation, notably that for Customs regulations, hygiene, security and working time. We are grateful to BIFA Legal and Insurance Policy Group member Derek E O’Brien who wrote the original publication Know your Trading Conditions on which this series of articles is based.
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