CMR, ADR and a total lack of understanding

If ADR doesn’t apply in this country it doesn’t apply anywhere else.

‘ADR’ (Accord Européen Relatif au Transport International des Marchandises Dangereuses par Route) isn’t a law or a set of rules that’s binding on us, it’s an agreement that’s binds the ‘Contracting Parties’ (the countries that are party to the agreement) to pass laws which implement the requirements of ADR.

ADR is implemented in UK law by ‘The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004′ as amended. This is known as the Carriage Regulations. These govern ALL journeys in the UK carrying Dangerous Goods – whether it’s a domestic journey or part of an international journey. The difference is that enshrined in the UK law are certain exemptions/variances/derogations which are allowed for WITHIN THE TERMS OF ADR for domestic journeys.

The full scope of ADR is implemented within the UK by the Carriage Regulations, with the addition of some exemptions/changes which apply to domestic transport AND ARE PART OF ADR. Similarly the other Contracting Parties to the Agreement have their own exemptions/changes which apply to domestic transport only and which are part of ADR.

Without the Carriage Regulations there would be no UK law on the transport of Dangerous Goods and we could ignore the whole concept of ADR while we’re in the UK. Other countries also implement the requirements of ADR by passing their own domestic laws and we’re governed by them while we’re in that country.

In short, ADR applies as much to UK domestic journeys as it does to international journeys; it’s just that international journeys are governed by individual countries’ individual laws which implement ‘vanilla’ ADR while domestic jouirneys within those individual countries are governed by their own (still agreed within ADR) implementations of slightly varied rules.
As for CMR, which the thread was actually about, contrary to popular belief there is no legal requirement for ‘CMR insurance’ if you take goods abroad. In fact there’s no such thing as ‘CMR insurance’ – just insurance to cover your compulsory liability under CMR, which as Geoff quite rightly points out is about £7/kg unless your customer has contracted with you to provide a higher level of cover.

Most standard GIT policies exceed the requirements of CMR within the policy’s ‘Territorial Limits’ – which usually includes the whole British Isles, including the ROI. This can sometimes be extended, without any mention of CMR, to other EU (or at least Western European) countries at minimal cost.

Posted under Courier Basics, Hazardous Goods - ADR, Insurance for Couriers

Posted by Alec at 8:12 pm, August 13, 2007

6 Comments so far

  1. Alec added on  August 13th, 2007 at 20:15

    And unless anyone can find a type of paint that’s in Transport Category 0 there’s no requirement for any training other than ‘awareness’ training when carrying less than 20 litres.

  2. Alec added on  August 13th, 2007 at 20:28

    S**-Transport wrote:
    just to put a spanner in there so why does my insurance state european and uk cmr cover

    Because it covers you at least to the extent of your liability under CMR.

  3. Alec added on  August 13th, 2007 at 21:09

    Wouldn’t that be a ‘removal’ and not come under CMR Geoff?

    As you say though, it makes a lot of difference if you’re moving an artic full of stuff and you’d normally be covered by RHA Conditions. It makes sod all difference if you’re driving a small van and you’ve got a £10k all risks policy with no conditions.

  4. Alec added on  August 13th, 2007 at 21:28

    shaggy wrote:
    Alec- I’m not too sure how the difference is classed between removals & normal freight operations- both are carrying other people’s belongings for a fee after all.

    Article 1, Paragraph 4 of CMR. CMR doesn’t apply to furniture removals.

    Whether a delivery of furniture from a container to the delivery address counts as ‘furniture removals’ I don’t know. I’d be happy to stand up in court and argue that it did though, in the absence of any case law.

  5. Alec added on  August 14th, 2007 at 07:26

    IAMAFool wrote:

    Alec wrote:
    And unless anyone can find a type of paint that’s in Transport Category 0 there’s no requirement for any training other than ‘awareness’ training when carrying less than 20 litres.

    So no need for training, but you need training in the form of a `awareness` course

    No need for full ADR training, which is what was being suggested.

    Most people with a grasp of basic English would have understood that sentence.

  6. Alec added on  August 14th, 2007 at 08:39

    IAMAFool wrote:
    I grasp basic English and basic Spanish…………..your statement was a contradiction.

    Even if taken out of context, which you seem so keen to do, it wasn’t a contradiction.

    Maybe your brain cell can’t comprehend the meaning of the phrase ‘other than’ though?

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