Recently we are seeing a practice increasingly common hiding in the CMR the name of the haulier who realizes the transport, with a sticker with data of the intermediary
Many times, this sticker is blocking the name was originally included in the CMR as haulier in cases where this trip has been outsourced, causing different copies are left in the hands of the shipper and the receptor, attached to the invoice to collect the transport.
At the refusal of some French companies to pay these invoices because of this, particularly in cases where the loading order prohibiting subcontracting, Wtransnet consulted Lex Transport, law firm responsible for resolving the consultations that users send to the Legal mailbox.
The lawyer Mrs. Lorena Jimenez answers that her legal team has reached the following conclusion: «It is not possible to alter the information contained in the CMR» for the following reasons:
Extract from the CMR Convention:
1) The CMR Convention states that the transport contract is constituted through the CONSIGNMENT NOTE Article 4 and involves the issuance of three / four original copies, which must be signed by all persons involved in the contractual relationship. These signatures may be either printed or replaced (according to the regulations of each country) by stamps so it is always aware of their complete identity. Each of these copies will be delivered to each of the subjects involved in the contract: LOADER / SHIPPER, HAULIER – AGENT.
The content of this CONSIGNMENT NOTE should be fully CORRECT so that any irregularity, contradiction or falsification of it can cause serious economic damage. These are:
In Spain the absence or lack of data required in consignment note shall be liable for Transport services with a fine of up to € 1.001 (article141.19 LOTT); For its part if there is an alteration of the data collected in the CONSIGNMENT NOTE with the intention of falsifying its content, the fine or penalty may be up € 4.601 LOT (article 140.14 LOT)
In France can even be considered as crime punishable by imprisonment for one year and € 3000 penalty. This responsibility depending on the country, we are may be addressed to the LOADER, the HAULIER, both at the same time or even to same DRIVER. But also, without prejudice to the foregoing, the CMR expressly stated in its articles that both the LOADER as the HAULIER will respond for the costs and damages resulting from the inaccuracy or inadequacy of the data that they include in the corresponding consignment note(11.3 CMR) ; And these costs and damages involve the payment of compensation to the injured party compensation which can range from having to deal with the penalties imposed by this concept to having in some cases to respond to the actual value of the goods if it is established that there was bad faith or negligence by the person who committed the irregularity.