The CMR Convention is the UN convention signed in Geneva on 19 May 1956 that governs contracts for the international carriage of goods by road. It applies to road transport for hire or reward when the place of taking over the goods and the place of delivery are in two different countries, at least one of which is a contracting state. Türkiye and Russia are contracting parties.
What does the Convention govern?
CMR sets common rules for the contract between the consignor and the carrier: the contents of the consignment note, the carrier's liability and exemptions, compensation limits, notice of damage, the limitation period, the competent court and the position of successive carriers. The Convention entered into force on 2 July 1961; according to UN treaty records it has 58 parties. The consignment note itself is explained separately in the CMR document entry.
| Country | Date of becoming a party (UN record) |
|---|---|
| Russian Federation | 2 September 1983 |
| Türkiye | 2 August 1995 |
| Kazakhstan | 17 July 1995 |
| Uzbekistan | 28 September 1995 |
| Iran | 17 September 1998 |
| Georgia | 4 August 1999 |
Because most of the countries on Türkiye's northern and eastern corridors are parties, transport on these routes is in practice subject to a single liability regime.
Which transport operations does it apply to?
Under Article 1 of the Convention, the following conditions must all be met:
- The contract is for the carriage of goods by road in a motor vehicle, trailer or semi-trailer.
- The carriage is for hire or reward.
- The place of taking over the goods and the place of delivery, as specified in the contract, are in two different countries.
- At least one of these two countries is a party to the Convention.
The nationality and place of residence of the parties do not matter. A truck trip from Mersin to Tehran or from Istanbul to Moscow meets these conditions. Whether the transit countries are parties does not change the outcome. If the loaded vehicle boards a ship or train without the cargo being unloaded, the entire carriage still remains subject to CMR (Art. 2); how the ferry leg is assessed is discussed in the CMR for trucks carried by RoRo entry.
Which transport operations are excluded?
- Postal carriage performed under international postal conventions,
- funeral consignments,
- furniture removal (household and office moves).
In addition, national law, not the Convention, applies to carriage where the starting point and destination are in the same country. In Türkiye this area is covered by the Turkish Commercial Code (Türk Ticaret Kanunu); details are in the CMR in domestic transport entry. A company carrying its own goods in its own vehicle is also not covered, as there is no contract of carriage for reward.
Outline of the carrier's liability
| Topic | Rule | Article |
|---|---|---|
| Period of liability | Loss, damage and delay occurring between taking over the goods and delivery | 17/1 |
| Exemptions | Fault of the claimant, inherent vice of the goods, unavoidable circumstances; special risks such as open vehicles, insufficient packing and loading by the consignor | 17/2, 17/4 |
| Vehicle defects | The carrier cannot rely on defects in its own vehicle as grounds for exemption | 17/3 |
| Compensation limit | 8.33 SDR per kilogram of gross weight short | 23/3 |
| Delay | Compensation cannot exceed the carriage charges | 23/5 |
| Notice of damage | Written reservation at delivery for apparent damage, within 7 days excluding Sundays and public holidays for non-apparent damage | 30 |
| Limitation period | 1 year; 3 years in the case of wilful misconduct or equivalent default | 32 |
| Mandatory nature | Contract terms that derogate from the Convention are null and void | 41 |
How the limit is calculated at the current exchange rate is shown with examples in the 8.33 SDR compensation limit entry.
Common mistakes
- Thinking CMR is insurance. The Convention limits the carrier's liability; what secures this liability is a separate CMR insurance policy, and it does not cover the full value of the goods.
- Writing a lower liability limit into the contract of carriage. Such terms are null and void under Article 41.
- Signing at delivery without noting apparent damage on the CMR consignment note; the burden of proof then shifts to the consignee.