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The Consignor’s Responsibility in the Framework of the Instructions given to the Transport Operator Dr Judit SOMLÓ, lawyer, Legal Advisor of MKFE, Hungary.

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Presentation on theme: "The Consignor’s Responsibility in the Framework of the Instructions given to the Transport Operator Dr Judit SOMLÓ, lawyer, Legal Advisor of MKFE, Hungary."— Presentation transcript:

1 The Consignor’s Responsibility in the Framework of the Instructions given to the Transport Operator Dr Judit SOMLÓ, lawyer, Legal Advisor of MKFE, Hungary 7 th Symposium of Lawyers, Members of the IRU Legal Assistance Network St. Petersburg, 30 April 2008

2 Two Types of Responsibilities contractual responsibility administrative and penal responsibility ContractualAdm. - penal

3 Contractual Responsibility Civil Code Tasks and Responsibilities Consignor Transport Operator Co-operation

4 The Consignor’s Contractual Responsibility pack the cargo transmit all documents load the vehicle give instructions cover freight and expenses

5 Administrative and Penal Responsibility Traffic Code Special cargo (bulk, dangerous goods) Drivers’ rest and driving time Vehicle regulations Licences / documents

6 Traffic Code penal implications administrative penalty (Euro 120-1’200) „objective responsibility” of the vehicle holder - unconstitutional

7 Special Cargo ADR Cargo in bulk Perishable foodstuffs and live animals Waste

8 Driving and Rest Time Driver’s and/or company’s responsibility consignor’s responsibility not explicitly defined

9 Conclusion Easier to sanction the transport operator Retaining a vehicle as a tool to force the payment transport operator to file a lawsuit against the consignor = not an ideal solution

10 Thank you for your attention. Dr Judit SOMLÓ


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