Delay in delivery is one of the most common causes of claims in international road transport. Carriers often wonder when they truly bear liability for delay, what their rights and obligations are. In this article, we explain what the CMR Convention says, which circumstances may exempt the carrier from liability, and how to properly document events to reduce the risk of claims.
Carrier liability under CMR
According to Article 17(1) of the CMR Convention, the carrier is liable for total or partial loss of the goods, damage, or delay in delivery, if such damage arises during the period from acceptance of the goods for transport until their delivery to the consignee.
Regarding delay, Article 23(5) CMR stipulates that compensation cannot exceed the freight charged. That means even if the consignee incurs greater losses (for instance, loss of customer, contractual penalty), the carrier’s liability for delay is limited to the cost of transport.
When does delay trigger liability?
For the carrier to be held liable for delay, the following conditions must be satisfied:
- Exceeding the agreed delivery deadline
- If a delivery date was contractually agreed, it must be clearly stated in the agreement or on the CMR note.
- If no fixed deadline was set, a “reasonable time” standard applies (per Article 19 CMR).
- No exonerating circumstances
The carrier may avoid liability if the delay results from:- Acts or omissions of the shipper or consignee,
- Intrinsic defect in the goods,
- Circumstances beyond the carrier’s control (force majeure, unpredictable events, etc.).
- Demonstrated damages arising from the delay
Delay itself does not automatically generate liability. The party making the claim must prove that actual harm was suffered due to the delay.
How the carrier can limit the risk
- Precise contracts and transport instructions
Define a clear delivery deadline and transport conditions. Include clauses on unacceptable delays and force majeure. - Document every phase of transport
Collect stamps or acknowledgments for loading and unloading (with date and time). Use GPS/tracking logs. Make official notes on any incidents (e.g. mechanical breakdowns, traffic jams, border delays). - React when a delay looms
Under Article 16 CMR, the carrier should inform the shipper when a delay is likely. Propose alternative solutions (detours, transfers, etc.). - Appropriate insurance
The carrier’s liability insurance should cover delay-related risks. Check for exclusions and limits in the policy.
How to document the delay
- Temporal records: loading and unloading times confirmed by stamps or signatures
- GPS/tracking logs: route data, travel times, stops
- Driver or carrier note: description of the cause (mechanical issue, congestion, border delay), with date, time, location
- Communication with shipper: email, SMS or other notice about the delay, with proof of delivery or receipt
Claims and compensation
- A claim for delay must be made in writing (per Article 30 CMR).
- The time limit is 21 days from the day of delivery.
- Failure to respond does not automatically mean acceptance of the claim.
- Importantly, compensation for delay is capped: even if actual losses exceed the freight, the carrier cannot be liable for more than the transport cost (Article 23(5)).
CMR and delay in delivery is a crucial topic. Delay does not automatically impose liability on the carrier, but risk is real in many scenarios.
Key measures to minimize that risk include:
- precise contractual terms (delivery deadlines and conditions)
- consistent documentation throughout transport
- proactive reaction to possible delays
- suitable insurance coverage
- awareness of rights, obligations, and exemptions under CMR
Every delay case should be reviewed individually – a small oversight (e.g. missing written claim within 21 days) can determine who pays in the end.
