At a Glance
- Legal basis (domestic)
- Sections 408–452d HGB
- Legal basis (international)
- CMR Convention 1956/1978
- CMR liability limit
- 8.33 SDR per kg gross weight
- Time limit for claims (concealed damage)
- 7 days after delivery
- eCMR protocol
- 2008 Additional Protocol to the CMR
What is a consignment note?
A consignment note is a commercial document recording the terms of a contract of carriage between consignor and carrier. In domestic German road freight the consignment note is governed by sections 408 ff. of the German Commercial Code (HGB). It contains details of the consignor, the consignee, the type of goods, the weight, the number of packages and the agreed conditions of carriage. The consignment note is normally issued in four copies. It is not a document of title – the consignee acquires no ownership through possession of the consignment note.
CMR – the international road consignment note
For cross-border road transport within the CMR contracting states (55+ countries, including all EU member states) the CMR consignment note is mandatory. The CMR Convention of 1956 (last updated in 1978) provides uniform rules on liability, mandatory particulars and time limits for claims in international road freight.
Liability under CMR
Under CMR law the carrier is liable for loss, damage or exceeding the delivery deadline. Liability is limited to 8.33 Special Drawing Rights (SDR) per kilogram of gross weight. Where there is gross negligence or intent, the limitation of liability does not apply. Claims for damage that is visible from the outside must be noted on the consignment note on receipt; concealed damage must be reported within 7 days.
The digital consignment note (eCMR)
The eCMR protocol of 2008 allows the consignment note to be issued and transmitted entirely digitally. More than 25 countries have ratified the eCMR protocol. Digital CMR documents have the same legal effect as paper documents, provided both parties agree. The advantages: no lost paperwork, immediate availability of all copies and integration into TMS systems.