Neutralization of Transport Documents in Road Transport

Abstract

The year 1956 is a significant milestone in international road freight transport. The CMR International Convention was adopted this year. The reason for its adoption was to unify the rules in international road freight transport in connection with the contract of carriage. This step was very important not only for carrier but also for the consignee and consignor. The convention also characterized one of the most important documents in road freight transport, which accompanies goods throughout transport. Its name is the CMR consignment note. In recent years in road transport, the original CMR consignment note has been replaced by another CMR consignment note. This practice is referred to as the neutralization of consignment note. In another consignment note, only some data are changed compared with the original, and the goods are not handled during transport. It is an interference with the system of functioning of transport documents, which aims to obscure the actual movement of the consignment during transport. The paper contains own research, which identifies the presumption of the existence of neutralization of transport documents in road transport. The authors also propose the use of new technologies, namely new smart tachographs, through which the sender can prevent the neutralization of documents.Neutralization of transport documents in road transport 89. Table 1 States Parties to the CMR Convention (Sources: processed according to UNTC) Member countries of the CMR Convention Member countries of the CMR Convention and the Protocol

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“…This aligns with the analysis's identification of regulatory bodies as key players in standardization efforts and the importance of interoperability and standardization in achieving cost savings and enhancing investment returns. The discussion of "neutralization" [25] and the challenges of ensuring data accuracy and operational efficiency further reflect the analysis's focus on the need for skilled workforce and secure, efficient digital systems.…”

“…An interesting concept in the eCMR-related literature is the concept of "neutralization". Neutralization in transport documents, particularly in relation to the CMR consignment note, involves the practice of replacing or exchanging original transport documents with others, nullifying their initial effect [25][26][27]. This practice, not formally defined in commercial transport law, aims to obscure the actual movement of goods during transport, raising transparency and integrity concerns.…”

“…Emerging primarily in European road FT, where the CMR note is prevalently used, neutralization challenges the reliability of these critical documents. Recent research suggests that new technologies, like smart tachographs, and the shift to electronic consignment notes could potentially mitigate this practice, enhancing the transparency and efficiency of international road freight transport [25].…”