Description of the shipper's role in transport

The shipper, also known as the "principal", plays 

a central role in the road transport sector

. He is the entity (natural or legal person) who entrusts goods to a carrier for transport from point A to point B.

The shipper's tasks in road transport include preparing the goods, providing information, selecting the partner carrier, drawing up the contract of carriage, paying for the service and taking delivery of the goods.

Obligation between shippers in road transport and carriers 

The term "obligation" refers to the contractual elements that bind a carrier and a shipper in a transport operation. In other words, when a driver takes charge of a load, the operation must be legally regulated, and each party must know what it is they are responsible for. 

The principal is obliged to comply with the following criteria: 

In France, these obligations are mainly governed by the Transport Code and by specific contracts between shippers and carriers.

A quick reminder of the difference between shipper and carrier

By "carrier" we mean a company that can provide a driver and a vehicle to transport goods from one point to another. These goods are entrusted to us by a "shipper", a company that needs to deliver goods, either between two of its sites, or from production to destination. 

A carrier is therefore generally a company with a few administrative employees and operators, who can organize the rounds of a fleet of trucks. A transport loader, on the other hand, can be any company, from the moment it needs to move raw materials, products, machinery, etc., to the destination.

As mentioned above, all companies can claim to be "shippers" as soon as they require transport operations to run their business. 

Here are a few examples, classified by sector: 

Lexicon questions: what is NOT a shipper in road transport? 

Unlike a marine shipper, a shipper in road transport has his goods transported overland! For the sake of clarity, a marine shipper is a person or company who entrusts their goods to a shipping company for transport by sea. But the term can also refer to a shipping company that is competent to operate or charter vessels for the transport of goods.

Between sea and road, it's important not to take the wrong path!

. He doesn't carry out the transport himself (he doesn't have his own vehicles, for example), but he selects and gives orders to carriers, drawing on his expertise and network to offer his customers the best options.

seem strange in this context? Let's go back to the word

A freight shipper is simply a person or entity who has 

What are the shipper's legal responsibilities?

Reminder: obligations of the carrier and the shipper 

Who is responsible for loading: the shipper or the carrier?

The carrier is responsible for the goods from the moment of acceptance until delivery, which includes loading. He may be exempted from this liability in the event of force majeure, fault on the part of the shipper or inherent defect in the goods.

In the event of loss, damage or delay, the carrier's liability is generally limited to a lump sum per kilogram of gross weight of the missing or damaged goods.

On delivery, it is the shipper (the final recipient) who must check the condition and quantity of the goods. If he finds any damage or shortages, he must express his reservations on the receipt and confirm them by registered letter within 3 days (excluding public holidays).

What are the essential legal elements between the shipper in road transport and his carrier?

When it comes to transport documents, the shipper and carrier are bound by the consignment note. The consignment note comes in a traditional paper format, or, for the past few years, in an electronic format known as the 

. It is the essential document accompanying the goods. It serves as proof of the contract of carriage, as a receipt for the goods, and as a document of title.

The price is freely negotiated between the parties. In the event of non-payment, the carrier has a right of retention on the goods.

Does the shipper also need to take out transport insurance?

Although not mandatory, it is recommended that the shipper or carrier take out insurance to cover the risks associated with transporting goods.

What additional charges or surcharges must the shipper apply?

Surcharges in road haulage are additional charges applied by carriers due to various fluctuations and external factors that affect the cost of their service. These surcharges are generally passed on to the shipper. Here are the main surcharges a shipper may encounter:

The fuel surcharge is probably the most common surcharge. Since fuel prices are volatile, carriers often apply a fuel surcharge to cover unexpected price increases at the pump.

This is a tax designed to encourage more environmentally-friendly modes of transport. If implemented, this surcharge would be passed on to shippers.

In certain highly congested or difficult-to-access areas (city centers, mountainous areas), surcharges may be applied to cover the extra time and costs associated with transport in these regions.

During certain periods of the year, such as the holiday season, demand for transport services can increase, resulting in seasonal surcharges.

Regulations, such as those concerning driving hours and rest periods, can lead to additional costs for carriers, who can then pass these costs on to shippers.

If the freight requires specialized equipment (e.g. refrigerated trucks for transporting perishable goods), surcharges may be applied.

These may include services such as loading or unloading freight, scheduling delivery appointments, or any other service that goes beyond standard transportation.

Shipper and customer relationship

What's his job? Is he responsible for loading? How does he manage on-site safety? Answers to your questions in this article.

Ordering party: role and legal obligations with the carrier

What is a shipper in road transport, and what are his legal responsibilities?

shipper

) is a digital solution that has been widely developed in the health context of the pandemic, enabling drivers to do away with the need to fill in consignment notes by hand in paper format.

Today, the electronic CMR facilitates the digitization of road transport. It is valid in some European countries. For instance, the eCMR can be found in the Benelux countries, as the test has been extended regarding it use.

that harmonizes the general conditions of a 

Today, this transport document can be presented in digital format. This is known as the "electronic consignment note" or "eCMR". It can be used not only as a proof of delivery, but also as a 

contract of carriage between the carrier, the shipper and the freight forwarder

How do I create an electronic consignment note (eCMR)?

You have to engage with a company that provides this service.

, it's easy to create a digital consignment note, whether on a smartphone or tablet. And because it's so intuitive to use, carriers can generate their eCMRs in the blink of an eye.

All you need to do is enter the information defined in the decree of November 9, 1999 on transport and rental documents. Article 2 of this decree stipulates that the electronic version of the consignment note must specify the following points for national transport:

For international shipments, the digitized consignment note must include :

Here's a look back at how Fabrice Grandgirard, MAUFFREY's General Operations Manager, uses Dashdoc:

. This eliminates the need to constantly transfer available data to the TMS (Transport Management System).

In addition to instantaneous feedback to the client, eCMR enables rapid invoicing of the customer once the goods have been delivered, thanks to the electronic signature.

The digital consignment note makes it possible 

, and above all to report incidents in real time. For insurance and liability purposes, the eCMR becomes indispensable.

With its time-stamping and electronic signature, the digital consignment note is difficult to falsify. As a result, it enables 

, with no risk of loss or deterioration, as is sometimes the case with paper documents. It's a great way to combat fraud and illegal employment.

Please note: although it can be dematerialized, the consignment note is one of the transport documents that must be carried on board the transport vehicle.

. Today, we're clearly moving towards the "paperless" objective, and this reduces ink, paper and postage costs. In the long term, this represents significant savings for transport operators.

Shortly, eCMR brings significant benefits in terms of reduced administrative costs, improved traceability, data security and time savings, making it an attractive option for players in the freight transport sector.

Making his/her own eCMR is easy nowadays

An electronic version of the consignment note, the eCMR is indispensable for organizing transport in France and Europe.

eCMR: definition and benefits

eCMR: know better the dematerialized consignment note

eCMR: know better the dematerialized consignment note (eCMR et avantages)

Damaged goods, delivery delays... Disputes leave no one happy, with the 

 struggling to manage delays and the shipper unable to use their goods, leading to 

. Dashdoc lists these disputes, the stumbling blocks for carriers and shippers alike, along with some advice on how to overcome them.

In the road transport sector, we encounter various issues, including:

Disputes are a distinct category within these problems.

disagreement over an element of the contract

 that connects a carrier and a shipper. Most often, this concerns the condition of the goods at the time of receipt, but it can also involve delivery delays or potential accidents at the delivery site.

Therefore, who is responsible for what? How can the risks be reduced?

The responsibility of the carrier and the shipper 

The first obligation is obvious: the carrier must, of course, carry out the transportation for their client and deliver the goods.

The "carrier," referred to here as the transporter, is thus responsible for the goods throughout the entire transportation period. If any degradation, loss, or even partial or complete destruction occurs during the journey, the carrier is held responsible, and this is referred to as "strict liability."

If there is a delivery delay, the client may also decide to cancel the transportation, and the carrier's responsibility can be engaged.

As part of their obligation to transport the goods, a carrier must take all necessary care to prevent any damage to the goods inside the truck.

Through the truck driver, the carrier must deliver the goods to the correct recipient: their responsibility is engaged if the recipient is not the designated recipient of the contract.

The carrier is also required to follow the instructions provided by the shipper or the ordering party, and among these instructions, there is often a safety protocol that lists all the required actions on-site (entry procedures, traffic flow, dress code, etc.).

How does an international road dispute unfold?

Many international conventions coexist in the field of transportation, creating complications when multiple modes of international transport are involved.

For international road transport of goods, the CMR Convention, Convention on the Contract for the International Carriage of Goods by Road, ratified in Geneva in 1956, clearly states that the consignee is responsible for the transportation costs and grants the carrier the right to refuse delivery until the full payment of their invoice.

In practice, if there is any visible damage, the consignee must make reservations at the latest at the time of delivery! But if there are no apparent damages, the consignee has 7 days to send their reservations by mail. If the dispute is about a delivery delay, the shipper can send a letter of reservation within 21 days to address the late delivery.

Summary table of disputes in road transport and their handling

Obtaining compensation for disputes in road transport 

If the damage is attributable to the carrier 

Once again, we differentiate based on the weight of the transported goods:

Compensation for delay Compensation due to a delay will be provided according to the Application Terms of the chosen service. The dispute settlement compensation will not exceed the transport cost.

In order to reduce disputes in road transport, you can start with these options:

Be clear about important documents to prevent them 

Ensure impeccable documentation from the beginning! Make sure these transport documents are present and up-to-date before the truck even starts :

However, if this limitation is unlikely to cover the value of the goods or potential damages, it is then possible to make:

Adopting a Time Slot Management tool to anticipate incoming and outgoing transports

, allowing carriers and logistics teams to plan and coordinate shipments more efficiently. With clear visibility of available time slots and resources, conflicts and scheduling errors are minimized, reducing the chances of disputes related to missed or delayed deliveries.

The solution also offers flexibility to adjust schedules and adapt to unforeseen changes in real-time. Carriers can reschedule or modify bookings, and logistics teams can make adjustments based on operational needs. This flexibility reduces disruptions and potential conflicts arising from rigid schedules.

Time Slot Management and the communication

: The solution facilitates real-time communication between carriers and logistics teams. It allows for seamless exchange of information, such as delivery instructions, special requirements, and shipment updates. Clear and transparent communication helps prevent misunderstandings and disagreements, leading to smoother operations and fewer disputes. Inside the team and with the customers !

: The Time Slot Booking system can enforce predefined terms and conditions for carriers and logistics sites. This includes adherence to specific loading and unloading protocols, liability responsibilities, and delivery performance standards. By having these conditions established in advance, both parties are aware of their obligations, reducing the potential for disagreements.

Time Slot Management and the gathering of documents

Digital Documentation and Proof of Delivery

: The solution provides digital documentation of each transaction, including electronic signatures and timestamps. This serves as proof of delivery, reducing disputes over delivery confirmations and condition of goods upon receipt. Carriers and logistics sites can access accurate records, facilitating efficient claims handling in case of disputes. It is even more safe if you have a TMS to centralize your information !

: Time Slot Booking systems often come with performance analytics and reporting features. These metrics can be used to monitor carrier performance and logistics site efficiency. Identifying areas of improvement can lead to a more reliable and accountable transport process, minimizing the occurrence of disputes.

It may seem obvious, but some still underestimate its importance: 

transport insurance is a cornerstone for effectively managing disputes

. Once you contact your insurance company, they will guide you step-by-step through the different stages until you receive compensation.

A brief reminder of road transport insurances is necessary:

In addition to these three pieces of advice, which are essential reminders, do not forget to inquire about the recommended packaging methods in your type of activity.

To be noticed : disputes are also mostly avoided if the 

 of the shipper are clear and established in advance.

What are the problems that can be encountered in transport in general? 

Here are the different problems you may encounter in road transport that can lead to disputes:

What are the essential documents to manage a dispute in road transport? 

Required by the insurance, these pieces of information are necessary to handle the dispute. You must have: the CMR or consignment note, photographs in case of reservations made on the goods, commercial invoice, transport order, details and conditions of the claim, weight of the goods, location where the goods can be inspected, contact information of the parties involved.

What is the calculation formula for the compensation of a dispute, specifically for damaged goods in transport? 

Let's divide cases between goods weighing less than 3 tonnes and goods weighing more than 3 tonnes. For example, with goods weighing 15 kg, the calculation is 15 kg x 33€ = 495€. Since the limit is 1000€ per unit, the compensation applies here.

For goods exceeding 3 tonnes, you need to apply 3200€ per tonne x the number of tonnes.

Claims in the road transport

A lot of accidents and disputes happen in the road transport

Worried about an accident on the loading dock? Afraid you're not up to speed with the regulations? Read our article on safety protocol!

Loading/unloading safety protocol: to remember

How to Reduce Disputes in Road Transport?

Definition of the loading and unloading safety protocol 

The loading and unloading safety protocol is an essential transport document! What's the point? Quite simply because road haulage is one of the most accident-prone sectors, and it's vital to prevent accidents.

Loading/unloading a truck involves inserting goods, whatever they may be, into or removing them from a truck.

To prevent these accidents, we need to use prevention. Prevention means : 

In concrete terms, the safety protocol is a written document that forms a contract between the company hosting the transport (the logistics site) and the carrier taking charge of the goods. 

It must contain all the key information on the methods to be followed and the risks to which the driver and vehicle are exposed during transport. There are several types of safety protocol.

Two companies that often do business together, i.e. a carrier that often carries out the same transport for a shipper, may draw up only one safety protocol. This is accepted by the regulations. 

Does this make any difference to the way in which the nature, condition, quantity and weight of the goods are recorded? All this information is subject to change from time to time.

In reality, we need to make sure that the conditions under which operations are carried out do not involve any major changes. Article R. 4515-9 of the French Labor Code specifies that this modification must not be "significant, in any of its constituent elements", in relation to that published on the protocol.

What is a repetitive operation in this case? It is an operation : 

As soon as one of these criteria is not met, or the carrier is not the same as usual, the repetitive nature of the operation is not recognized, and a one-off safety protocol is required.

The nature and packaging of the goods: special attention required

If the products transported differ from one another but are of the same nature, and the loading/unloading method is the same, the transport is considered repetitive. A list of everything likely to be transported, with appropriate instructions, is welcome to facilitate understanding and control of this type of transport. If possible, it should be added as soon as the protocol is drawn up.

Appointment scheduling: a remedy for greater on-site safety

One way to ensure greater safety for your drivers, and to reduce the cost of waiting times on loading bays, is to make appointments!

Dashdoc responds to this problem with its special 

When it comes to transporting goods, there's one thing you need to remember: a safety protocol is almost always compulsory! As soon as a transport company sends a truck to a host company or a transient loading/unloading platform, strict regulations and a safety protocol must be applied, whatever the goods involved.

This means that a carrier or shipper must pay close attention to a number of elements on site: 

A lot of responsibility! But safety protocol is governed by precise legal texts.

Which legal acts should be referred to for the safety protocol?

A decree and several orders govern the loading and unloading of heavy goods vehicles: 

Decree no. 92-158 sets out the principles of prevention and the obligations of the companies concerned, from the moment the operation is carried out by an external company;

A decree dated April 26, 1996 adds specific requirements for loading and unloading;

The latest decree, dated 01/01/99, covers the safe transport of hazardous goods.

Who is responsible for drawing up and communicating the protocol?

The protocol and safety regulations are the responsibility of the transport and reception company managers. The document is drawn up in their name. And it is, of course, the truck drivers who will have to take it into account.

It is essential that the transport company informs its drivers of this before the shipment begins. In particular, it must insist on the following information: 

What should it contain? The "simplified" security protocol should contain all the relevant information to identify the risks, regardless of their nature, arising from the loading and unloading operation in all its stages... For the host company, the loader, it should include:

For the carrier, as we mentioned before, it is also necessary to include the vehicle specifications, the nature and packaging of the goods, as well as precautions to be taken regarding the transported goods (especially if we fall under ADR transportation regulations).

Opt for a concise model of security protocol. If you are the shipper and your service provider is not known in advance, it means that the information transmission will likely happen on-site, just before the operation. Therefore, it is essential to use a compact model that focuses on the essentials while not forgetting the mandatory details.

You can choose a single security protocol as mentioned earlier in the article.

Use a standard security protocol with well-specified loading/unloading procedures and include the circulation plan.

How long is a security protocol valid in transportation? 

If the protocol is "permanent," it remains valid as long as the loading and unloading conditions do not change significantly.

However, it is highly recommended to review protocols annually to ensure that preventive measures remain up to date.

All other security protocols are, by definition, specific to individual instances and only valid for the duration of one transport.

What penalties can be incurred if the security protocol is not followed?

The management of transportation companies or shippers must have a copy of each security protocol, dated and signed, in case it is inspected by the relevant Social and Economic Committees and the labor inspectorate.

In case of non-compliance with any provision of a security protocol, the employer or the delegate may face fines of up to €10,000 according to the Labor Code.

The fine may increase up to €30,000 in case of repeat offenses.

This fine is multiplied by the number of employees affected by the infringement.

The transportation cost per km is already substantial for some, so it is crucial to pay close attention to these safety measures.

If an accident occurs, the employer's "accident at work" contributions may be increased based on the severity.

In the case of a serious accident, prosecution may be initiated in court for voluntary manslaughter or endangering the lives of others.

If an accident happens due to a reason that is not specified in the security protocol, whether on the carrier's side or the shipper's side, the criminal liability of both companies can be considered depending on the context.

Frequently Asked Questions (FAQ) about the security protocol: 

Do we need to provide a security protocol for transportation if the carrier does not go to a loading dock? 

The following principle should be applied: If the truck remains on the public road, the security protocol is not applicable. As soon as the heavy vehicle crosses the threshold of an external company, the security protocol must be completed and provided.

If you want to operate safely and centralize all your transportation information, Dashdoc's TMS or Dashdoc Flow could be the solution.

Security Protocol validated

All you need to know about the loading security protocol

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