Goods transport

Goods are transported by land, water and air.

The legal framework for the transport of goods depends on the means of transport and the transport relationship. Examples include the German Commercial Code (HGB), the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Montreal Convention on International Air Transport (MÜ) and the Uniform Rules for the Contract of International Carriage of Goods by Rail (CIM).

A key feature of goods transport is the legally limited liability of the carrier.

We support you

• in drafting contracts
• in enforcing or defending against claims for damages
• in enforcing or defending freight claims

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Commercial road haulage operators require a licence in accordance with the Road Haulage Act (GüKG) or a Community licence in accordance with Regulation (EC) No. 1072/2009 of the European Parliament and of the Council.

In addition, road haulage operators – like transport managers – require authorisation to pursue the profession of road transport operator in accordance with Regulation (EC) No. 1071/2009 of the European Parliament and of the Council.

Further public law obligations of road haulage operators are regulated in the GüKG and the Regulation on Access to the Road Haulage Industry (GBZugV).

• We advise and represent you in all professional law matters (licence/permit), in the event of a tax audit or an official revocation of the licence/permit.
• We also support you in matters relating to transport manager law.

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Goods transport is often preceded or followed by logistical services.

Logistics services can include the planning and management of goods transport, the provision of value-added services (e.g. packaging, labelling, etc.), insurance cover, customs clearance, warehousing and much more.

These services are often provided by freight forwarders or specialised service providers.

In addition to individual agreements, the provisions of the German Civil Code (BGB), the German Commercial Code (HGB) and the General German Freight Forwarding Conditions (ADSp) may serve as the legal basis for these activities.

We support you

• in drafting contracts
• in enforcing or defending claims for damages
• in enforcing or defending claims for remuneration

Please feel free to contact us!

Depending on the maximum permissible weight of the vehicle being driven, drivers must record and comply with driving and rest times using tachographs or digital control devices.

Road haulage operators and transport managers must ensure compliance with the legal requirements set out in the Driving Personnel Regulation, the Driving Personnel Act, Regulation (EC) No 561/2006 of the European Parliament and of the Council, Regulation (EC) No 165/2014 of the European Parliament and of the Council, the AETR or the ArbZG and store driving data.

In addition, the Professional Driver Qualification Act (BKrFQG) must be observed.

If a violation of these so-called social regulations is suspected, administrative offence proceedings will be initiated, which may result in fines being imposed.

Our experience clearly shows that you – whether you are a driver, road haulage operator or transport manager – should always defend yourself (or have yourself defended) against any allegations of administrative offences, as otherwise a legally binding fine for a violation of driving personnel regulations may call into question not only your fitness to drive, but also the necessary personal reliability of the road haulage operator and/or transport manager.

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We provide support in all legal matters relating to the operation of a vehicle fleet and address ourselves in particular to the fleet manager, who bears a considerable compliance risk.

We provide particular assistance (in an advisory or representative capacity) to fleet managers in their wide-ranging activities with regard to questions concerning

• motor vehicle purchase agreements
• motor vehicle leasing agreements
• Motor vehicle rental agreements
• Motor vehicle insurance agreements
• Motor vehicle repair agreements
• Motor vehicle transfer agreements (company cars)
• Accident damage management / accident settlement / liability clarification
• Driving licence law
• Defence in cases involving fines or traffic offences

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The diversity of transport goods has given rise to specialised transport companies, for which special regulations must be observed.

Special transports are primarily:

• Heavy-duty and oversized transports,
• Transport of dangerous goods,
• Waste transport,
• Transport of sensitive or temperature-controlled goods,
• Pharmaceutical transport,
• Laboratory sample transport, and
• Postal and so-called CEP services.

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We advise on foreign trade law in connection with cross-border transport, in particular with regard to import and export restrictions, customs duties and import and export levies.

• We review purchase and delivery contracts in international trade.
• We advise on Incoterms, delivery terms and retention of title.
• We draft transport and logistics contracts relating to export/import.
• We advise on customs issues and import/export duties.
• We review trade restrictions, embargoes and sanctions.
• We advise on liability risks in international goods traffic and support you in claims for damages against clients, customers or insurers.
• We represent you in disputes with international business partners.
• We enforce freight or damage claims on your behalf.
• We review the applicable law, jurisdiction and arbitration agreements.

Please feel free to contact us!