This document summarizes key aspects of shipping and maritime law in India. It discusses the Carriage by Road Act of 2007, which defines a common carrier as a person engaged in transporting goods or people by motorized transport on road. It outlines the objectives and provisions of the Carriage by Road Act, including mandatory registration of common carriers and their liability for loss or damage to goods in transit, except in cases of force majeure. The document also discusses drawbacks of the previous Carriage Act of 1865 and how the new law aims to better regulate common carriers and their liability.
2. Contents
• The Cargo Claim Enquiry - Duties, Rights and Liabilities of Common
Carriers under:
• (i) The Carriers Act, 1865.
• (ii) The Railways Act, 1989,
• (iii) The Carriage By Road Act, 2007
• (iv) The Carriage by Air Act, 1972
• Indian Consumer Protection Act, 1986:
• Objects – Rights of Consumers – Consumer Dispute – Procedure of Filing
Complaint – Procedure for redresal of Complaints.
3. Common Carrier
Under the Carriage by Road Act 2007, a Common Carrier defined as a
person other than the government engaged in the business of
transporting goods or people from place to place on hired basis by
motorised transport on road for all persons indiscriminately.
4. Carrier Act of 1865
• The objective of the act was not only to limit the liability of the carrier
for loss or damage to goods delivered to them for carriage
but
also to declare the liability of the carriers for loss or damage to such
goods due to negligence or criminal act by themselves or their
employees or agents.
5. Drawbacks of Carriage Act of 1865
• Various modes of transport now have separate enactments like
transport by the railways being regulated by the Railways Act 1989.
• The transport industry has undergone a major change. A number of
players and middlemen like brokers and agents have come into
existence who play a significant role in the process of movement by
road.
• The liability specified in the existing Act a one hundred rupees has
also become inadequate and irrelevant.
6. New Law: The Carriage by Road act of 2007
OBJECTIVES:
• to regulate and limit the liability of the Common Carriers,
• to provide for registration of Common Carriers,
• to ensure proper statistical reporting in the transport sector by
persons involved in the transportation business,
• to regulate carriage of hazardous and dangerous goods,
• to provide for rule making powers to deal with emerging and
changing scenario time
7. • Enacted in 1.10.2007 and came into effect in 01.03.2011
• Mandatory Registration of the common carrier and listing of the
branch offices.
• Registration will be valid for 10 years
• Liable for the offence of overloading according to motor vehicle act of
1988
New Law: The Carriage by Road act of 2007
8. Duties of Common Carrier
• a common carrier shall be responsible for the loss, destruction, damage or
deterioration in transit or non-delivery of any consignment entrusted to him for
carriage, arising from any cause except the following, namely:--
• (a) act of God;
• (b) act of war or public enemy;
• (c) riots and civil commotion;
• (d) arrest, restraint or seizure under legal process;
• (e) order or restriction or prohibition imposed by the Central Government or a State
Government or by an officer or authority subordinate to the Central Government or a State
Government authorised by it in this behalf:
• Provided that the common carrier shall not be relieved of its responsibility for the
loss, destruction, damage, deterioration or non-delivery of the consignment if the
common carrier could have avoided such loss, destruction, damage or
deterioration or non-delivery had the common carrier exercised due deligence
and care in the carriage of the consignment.
