What is the connection between the CMR and the costs of an overloaded vehicle? An overloaded vehicle poses a risk not only to road safety but also to a carrier’s finances.
Fines, vehicle detainment, delivery delays, and even cargo damage – these are just some of the possible consequences. In international transport, the provisions of the CMR Convention become particularly relevant. But does the CMR clearly define who is responsible for overloading?
What does the CMR Convention say?
The Convention on the Contract for the International Carriage of Goods by Road (CMR) does not directly regulate technical aspects like axle loads or exceeding gross vehicle weight. However, Article 17(4)(c) of the CMR states that the carrier is not liable for damage if it was caused by the “faulty loading of the goods by the sender,” unless the carrier was responsible for the loading.
This leads to an important principle:
👉 If the carrier did not participate in the loading and had no realistic opportunity to verify the weight, they may be able to avoid liability for cargo damage.
However, under national road transport laws, the carrier is still responsible for ensuring compliance with legal weight limits in the country where the vehicle is operating. Therefore, administrative consequences (such as fines or vehicle immobilisation) typically fall on the carrier.
Who pays the fine for overloading?
In practice, it’s usually the driver and the transport company who receive penalties, regardless of who actually caused the overloading.
In Poland, for instance, road transport laws and ITD (Road Transport Inspectorate) regulations clearly state that the carrier is responsible.
The only recourse a carrier has is to pursue civil claims against the shipper, but only if they can prove the overloading occurred due to the shipper’s fault and that the carrier had no way of preventing it.
How to minimize the risk?
✅ The party ordering the transport should:
- Provide accurate weight data,
- Ensure proper transport documentation (CMR, delivery notes, loading lists),
- Clearly indicate who is responsible for loading.
✅ The carrier should:
- Include a clause in the transport agreement stating that the shipper is responsible for the cargo’s weight,
- Request written confirmation of the cargo’s weight (e.g., in box 10 of the CMR),
- Refuse loading or request an official weighing if the declared weight seems suspicious.
📌 Best practice: use an onboard weighing system (mobile or depot-based) or visit a nearby weigh station before departure.
What about the CMR consignment note?
According to Article 6(1)(h) of the CMR, the gross weight of the goods must be stated in the consignment note. If the carrier accepts a CMR with an underreported weight and raises no objections, they may be considered partially responsible.
Therefore, it’s advisable to:
- Add remarks in the CMR (e.g., “Weight declared by shipper – not verified by carrier”),
- Retain weight certificates or printouts from weighing equipment.
What is the connection between the CMR and the costs of an overloaded vehicle – conclusion
Overloading is a serious offense, and the carrier is typically held liable, even if they were not present during loading. The CMR Convention may offer some protection in claims involving cargo damage, but it does not shield the carrier from administrative penalties like fines.
To reduce risk:
✅ Demand accurate weight information,
✅ Include protective clauses in contracts and CMR notes,
✅ Question suspicious or incomplete data,
✅ Use weighing equipment whenever feasible.
Photo by Artem Balashevsky on Unsplash
