Road Haulage Association – Conditions of carriage 2020
The Road Haulage Association have reissued their conditions of carriage effective 1st September 2020
The new conditions favour the Carrier rather than their Customer (the owner of the goods) and we would therefore recommend that our haulage clients who are members of the Road Haulage Association adopt these conditions however there are actions that should be taken
- The Haulier/Carrier must be a member of the RHA
- The Haulier/Carrier must incorporate the new conditions i.e. they must advise their customers that they are using the new conditions, this can be done by inclusion on all documentation for example quotations and invoices
Fiducia agree to cover our Hauliers/Carriers under the edition of the RHA conditions they currently trade under or should they choose to adopt the 2020 edition our policy will automatically respond
To summarise the main changes provided under the new conditions are
Definitions
Inclusion of the following
Demurrage – This makes it clear that the carrier is entitled to charge any extra costs due to the detention of his vehicle or any other equipment back to their customer.
Force Majeure Event – This clarifies that an RHA Member can’t be found liable for an act of God, riots, civil commotions and a variety of other events that he could not have anticipated at the time the contract was entered into.
Loading & Unloading
This is one of the main changes. Under the updated conditions the customer is responsible for loading the goods to the carrying vehicle and is also responsible for the Consignee offloading the goods from said vehicle, The carrier will not be liable for loss or damage caused to the goods during loading and offloading or from overloading or from unsafe loading of the vehicle In addition the customer indemnifies the carrier under the 2020 conditions against all loss. damage, death or injury that may arise during loading and/or unloading.
The customer must in addition ensure that any necessary equipment used for loading and/or offloading are suitable for purpose
It is understood that in a high number of cases it may well be the Carrier who is actually responsible for the loading and/or offloading, this is still acceptable but must be expressly agreed in writing.
The Period of Transit
The RHA have clarified the period of transit and defines it as commencing after the consignment has left the premises at which they were collected and ends on arrival at the place of delivery. Anything outside of this period is at the sole risk of the customer. Again this may be contracted out of but must be expressly agreed in writing
Pollution
The customer warrants that the goods to be carried will not pollute the environment or cause harm to human health
Cancellation
As part of the new conditions if the contract is cancelled at any point during its performance the customer agrees to pay the carrier all costs and expenses incurred prior to cancellation
Lien
Another major change under these updated terms grants an explicit interest on behalf of the Carrier and/or member in the consignment or goods. That is to say where the customer has overdue amounts owed to the carrier or Member and/or has accrued charges the carrier or member can take control of the goods.
The carrier must give notice and adequate time to the Customer in which to respond and should no response or payment be made the Carrier is entitled to sell the goods to recover the amounts owed to them. Any surplus should be returned to the customer
The conditions make it explicitly clear that the carrier or member has the right to hold the goods and sell them on, otherwise the carrier/member would be left vulnerable to litigation and complaints from their customers
Should you need any further clarification or assistance please do not hesitate to contact Angela McCluskie at Fiducia
Email angela@fiduciamga.co.uk
Telephone 0113 831 4333/07590 840 098