One of the most common causes of damage during the transport of goods is incorrect securing of cargo. It is commonly wrongly claimed that the responsibility for damages resulting from improper securing of cargo is as a rule borne by the carrier, as an entity specialized in the carriage, and obliged, under the transport law, to provide a suitable means of transport. Such a thesis (in principle unjust) is promoted by some authors of commentaries and books devoted to national and international transport law. However, legal state does not leave any doubt that the damage caused by wrong cargo securing is essentially the responsibility of not the carrier, but the sender, and in some cases also the recipient. What is more, the circumstances in which the carrier, not the sender/receiver would bear the responsibility for damages resulting from improper securing are extremely unique.
Moreover, it is interesting that the sender/receiver is responsible for damages caused by three independent titles (legal sources):
a)for damage to the cargo if it occurred as a result of improper securing,
b)for damage in the carrier’s means of transport if it occurred as a result of improper securing,
c)for damage resulting from administrative sanctions imposed in relation to the carrier (if the carrier provides recourse to the sender),
d)regardless of the circumstances specified in point c), the sender/receiver shall bear the autonomous administrative sanction.
On the other hand, the driver bears criminal penalty for failure to secure the cargo.
This issue is the subject of an all-day training on the normative and physical conditions in the field of methodology of cargo and methodology of securing cargo in accordance with EN 12 195 – 1 (2,3,4), and in accordance with the Guidelines of the European Commission in the methodology of cargo and securing cargo on means of transport.
The training consists of two parts:
an analysis of legal conditions, and in particular:
– an analysis of conditions concerning the national transport law,
– an analysis of the national court case law,
– an analysis of the conditions of the Civil Code,
– an analysis of conditions concerning the international transport law,
– an analysis of the case law of the European courts (with special emphasis on German, Austrian, French and Belgian courts).
The above mentioned module is run by Mariusz Miąsko – a lawyer that has been specializing in transport law for 14 years, he gave lectures on transport law for applicants in the District Chamber of Legal Advisers in Krakow, the author of about 250 publications in the field of transport law.
an analysis of technical and legal conditions, in particular:
– methodology for selecting optimal securing means to the characteristics of the cargo,
– methodology for selecting securing means to the characteristics of the means of transport,
– methodology for calculating the forces acting on the fastening means,
– methodology for cargo placement in the means of transport.
The above mentioned module is run by Eng. Jarosław Kędzior – an expert witness in the field of cargo securing, president of the Securing Academy, the only representative of the European Association of securing in Poland and central Europe in terms of securing cargo, the most eminent Polish specialist/practitioner for deployment methodology and cargo securing.
The training is of a practical nature and teaches the practical aspects relating to both the legal and purely physical conditions. The training is conducted with the use of a very rich educational base (equipment used every day in the process of loading and securing).
We invite you to our unique training, which has no other equivalent in Poland!
DATE – TO BE DETERMINED WITH THE CLIENT
Details and registration available via the phone number: +48 786 137 850
or e-mail: firstname.lastname@example.org
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