CMR is one of the basic documents used in the international road transport of goods. It confirms the conditions of carriage, the carrier’s acceptance of the cargo, and the information provided by the consignor.
A correctly completed consignment note facilitates the determination of liability for damage, shortage, or delay in delivery. However, it does not replace an invoice, customs documents, cargo specifications, or documentation required for the carriage of dangerous goods.
Key information from the article
- The CMR Convention applies when the place of taking over the goods and the place of delivery are located in two different countries, at least one of which is a party to the Convention.
- The consignment note serves as evidence of the conclusion of the contract and acceptance of the cargo, but its absence does not invalidate the contract of carriage itself.
- The Convention requires three original copies of the consignment note to be prepared.
- The popular IRU set additionally contains a black sheet intended for administrative purposes.
- Poland is a party to the protocol allowing the use of electronic e-CMR consignment notes.
What is CMR and where does its name come from?
CMR is a convention governing the international carriage of goods by road and the common name for the consignment note issued on its basis. However, the document itself is not the contract of carriage.
The abbreviation CMR comes from the French name Convention relative au contrat de transport international de marchandises par route. The full meaning of the CMR abbreviation is the Convention on the Contract for the International Carriage of Goods by Road.
The Convention was drawn up in Geneva on 19 May 1956. The most precise definition of CMR should distinguish between the legal instrument and the document issued for a particular cargo.
When is carriage subject to the provisions of the CMR Convention?
The Convention applies when paid road carriage begins and ends in two different countries. It is sufficient for one of these countries to be a party to the CMR.
The international CMR consignment note is used, for example, when transporting goods from Poland to Germany, from the Czech Republic to Poland, or from Poland to a country outside the European Union that is a party to the Convention. The decisive factors are the places where the consignment is taken over and delivered as specified in the contract, not the registered offices of the parties, the nationality of the driver, or the country of vehicle registration.
The Convention does not apply to carriage performed under international postal conventions, the carriage of corpses, or removals. In intermodal transport, it may still apply if the vehicle carrying the goods is transported for part of the journey by ship, rail, or aircraft, and the consignment has not been unloaded from it.
What evidentiary significance does the CMR consignment note have?
The consignment note confirms the conclusion of the contract, its terms, and the carrier’s acceptance of the consignment. The absence, loss, or incorrect completion of the document does not automatically result in the invalidity of the contract.
CMR transport documents make it possible to determine, among other things, who handed over the cargo, what goods the carrier accepted, where they were to be delivered, and whether the carrier made any reservations at the time of loading. If the carrier did not enter justified reservations, it is presumed that the packaging and apparent condition of the goods were in good condition and that the number of packages, markings, and numbers corresponded to the information provided by the consignor.
Therefore, the general note “packaging damaged” may be insufficient. A better entry would be, for example: “two out of 20 pallets with torn film at the corner, one carton dented and damp.” Reservations should be entered on all copies and presented to the consignor for confirmation.
How to correctly complete the CMR document?
The entries must make it possible to clearly identify the parties, the consignment, and the route. The data should be consistent with the transport order, invoice, specification, and customs documentation.
CMR documents confirm the terms of the international contract for the carriage of goods by road and contain the information specified in Article 6 of the Convention. According to Article 6 of the Convention, the following information should be provided, among other things:
- the place and date of issue of the consignment note;
- the details of the consignor, carrier, and consignee;
- the place and date of taking over the goods, as well as the place of delivery;
- the name of the goods, the method of packaging, the number of packages, markings, and numbers;
- the gross weight or the quantity expressed in another manner;
- carriage charges, customs instructions, and required declarations.
In the case of dangerous goods, their generally accepted name must be used, and where there is no such name, the nature of the danger must be described. Documents required for customs formalities and other inspections are attached to or handed over to the carrier together with the consignment note.
CMR country – what should be entered in the “country” field on the form?
This field indicates the country in which the consignment note was issued, and not automatically the country of the consignor, consignee, or truck registration. The actual place where the document was prepared should be entered.
The country covered by the CMR must be the place where the goods are taken over or delivered, with at least one of these countries being a party to the Convention. Before starting an unusual route, especially outside Europe, it is advisable to check the current status of both countries on the list of parties maintained by the UN depositary.
The mere information “PL” in the heading of the form does not by itself determine that the Convention applies.For example, carriage from Poznań to Gdańsk remains domestic carriage, even if a form printed and marked in Poland as CMR is used.
Can CMR be used for domestic carriage?
A similar form can be used, but this does not turn domestic carriage into transport covered by the Convention.The primary legal basis remains the Polish Transport Law and the contract between the parties.
CMR in domestic transport may serve as a consignment note and evidence of acceptance of the cargo if it contains the information required for the particular carriage. However, it should not automatically be assumed that the statement “the carriage is subject to CMR” will exclude mandatory provisions of national law or extend the territorial scope of the Convention itself.
For regular handling of domestic routes, it is safer to prepare a form adapted to the Transport Law. The use of a CMR template is an acceptable organisational solution, but the content of the document should correspond to the actual type of operation.
How many copies of the CMR must be prepared and what are the colours used for?
The Convention requires three original copies signed by the consignor and the carrier. The first is given to the consignor, the second accompanies the consignment, and the third is retained by the carrier.
The CMR is prepared in three original copies required by Article 5 of the Convention, although the form may also contain additional copies. The model developed by IRU has four sheets:
- the red one for the consignor;
- the blue one for the consignee, carried together with the goods;
- the green one for the carrier;
- the black one for administrative purposes.
The CMR colours result from the standard IRU model and facilitate the separation of the sheets, but the CMR Convention itself does not establish mandatory colours for the form. Therefore, the four sheets of the IRU model should not be equated with the four required originals. The functions of the colours are described in the IRU instructions.
CMR document template – is there one mandatory CMR document template?
The Convention specifies the required content but does not impose a single graphic layout. The form may look different as long as it contains the necessary information.
The CMR template most often refers to the IRU model with numbered fields, which organises the information required by the Convention. However, downloading any form from the Internet does not guarantee that it is correct. It should be checked whether it provides space for the carrier’s reservations, the consignor’s instructions, accompanying documents, signatures of the parties, and confirmation of delivery.
It is also worth recording the time of arrival for loading, completion of loading, arrival at the consignee, and completion of unloading. Such information helps to settle waiting time and determine the course of the transport.
How does electronic CMR work?
e-CMR is the digital equivalent of the paper consignment note. It must contain the same information and ensure the reliability of signatures and the integrity of the records.
An electronic CMR may be issued, completed, and stored digitally if the solution enables the identification of the parties and the detection of subsequent changes to the document. The system should record amendments, retain previous data, and enable the document to be made available to authorised persons, including during inspections.
Poland acceded to the additional protocol concerning e-CMR on 13 June 2019. According to the current UN list, the protocol has 42 parties; however, before choosing an electronic document, it is necessary to check the status of the countries connected with the particular route as well as the technical capabilities of the contractors and control authorities.
Frequently asked questions about the international CMR consignment note
Who should issue the CMR consignment note?
The consignor is generally responsible for preparing the consignment note and for the accuracy of the information provided. The document is signed by the consignor and the carrier, while the consignee confirms acceptance of the consignment.
Does the CMR replace a commercial invoice?
No. The consignment note documents the transport, while the invoice confirms the sale and its value; for carriage outside the EU, customs declarations, certificates, and specifications may also be required.
Can the driver enter reservations on the CMR?
Yes. If the driver cannot verify the number of packages or notices damage to the goods or packaging, they should enter specific reservations together with the reason for them and obtain the consignor’s confirmation.
Does the absence of the consignee’s signature mean that the goods were not delivered?
It does not establish that the goods were not delivered, but it makes proving delivery more difficult. The carrier should obtain a legible signature, date, time, and, if used, the consignee’s stamp or electronic proof of delivery.
Can one CMR cover several vehicles or batches of goods?
The consignor or carrier may request a separate consignment note for each vehicle, type, or batch of goods. Separate documents reduce the risk of errors and facilitate the settlement of partial deliveries.
