A frequently asked question in international road transport is, “Is the carrier responsible for the accuracy of customs documents?”

This issue should be considered within the scope of the CMR Convention, TCC Article 860, and Customs Law No. 4458.

According to the CMR Convention, the Carrier is Not Responsible for the Accuracy of Documents

Article 11 of the CMR is very clear.

  • The sender provides customs documents and all official/accompanying documents.
  • The carrier is not obligated to verify the accuracy or sufficiency of these documents.
  • The responsibility for missing/incorrect documents rests with the sender.
  • The carrier is only responsible for the loss or misuse of documents, to the extent of the loss of the cargo.

 

In other words, the CMR Convention tells the carrier that it is not their responsibility to verify the content of the documents.

Article 860 of the Turkish Commercial Code, the Domestic Twin of the CMR

Article 860 of the Turkish Commercial Code is similar to the Turkish version of the CMR:

  • The sender is obligated to provide all official documents, including customs, to the carrier.
  • The carrier is not obligated to verify the accuracy of the documents.
  • Responsibility remains with the sender.

 

In short, in international transport, the content of the documents belongs to the sender; the carrier is merely a consignee and carrier.

Transit Regime

Customs Law No. 4458 imposes a special regime on transit transport. In this regime, the carrier is no longer merely the carrier; they can also be the regime’s beneficiary or the primary responsible party.

In this case:

  • The carrier is also responsible for the full, sound, and complete presentation of the goods to the destination customs office.
  • Administrative fines arise if there are any discrepancies between the declaration and the goods (missing, excess, or incorrect type).
  • These fines are not levied solely on the sender as under the CMR; the carrier may also be held responsible.

According to the transit regime, if the seal is broken, the vehicle deviates from its route, or the deadline is exceeded, the carrier is at risk.

 

Three Separate Sources – Two Different Responsibilities

CMR & TCC

  • Document integrity rests with the sender.
  • The carrier is not required to check the contents.

 

Customs Law (Transit Regime)

  • The carrier is responsible for delivering the goods to the destination customs office without losing their identity.
  • The carrier may also be subject to penalties for discrepancies, underdeclarations, overstatements, or misdeclarations.

 

Therefore, in international shipments, carriers must pay utmost attention to matters such as route, timeframe, and seal security.

Under the transit regime, you leave the safe area of the CMR and are subject to the strict liability of customs law.