Requirements for Carrier of Dangerous Goods in National and International Regulations Governing Land (Rail/Road) Transportation of goods

Articles in Press

Document Type : Original Article

Authors

1 M.A. in Private Law, Ferdowsi University of Mashhad, Mashhad, Iran.

2 Associate Professor, Department of Law, Faculty of Law & Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran

3 Associate Professor, Law Department, Faculty of Law & Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran

Abstract

However, the land transportation of dangerous goods via rail or road plays an effective role in development of business transactions and meeting the industrial requirements, it has a potential danger to the human life and property as well as the environment health. Therefore, the national and international regulations have passed specific requirements for the persons involved in transportation of such goods in order to prevent any incident and minimize the respective effects. In addition, some of the requirements have a contractual source which are imposed on the carrier in order to provide the utmost private and public interest. The carrier of dangerous goods is one of the parties to the transportation contract who plays an important role in monitoring the dangers resulted from transportation of such goods. The present research with a descriptive-analytic method intends to explain all the exclusive duties of the dangerous goods carrier by taking into consideration the contract of carriage and the international regulations governing the land transportation in comparison with those of in Iran. The conclusion of the research shows that the carrier who is aware of the dangerous nature of the goods is required to take the utmost care of the safety of the transportation process in order to prevent damage and protect the public interest. He/She has to take the utmost care in employing the experienced and trained staff, carrying out proper load, stowage and unload, using vehicle appropriate for carriage of dangerous goods and checking the appearance of the cargo. However, in some regulations, it is not enough to take the utmost care for using the appropriate vehicle but the carrier shall provide the real and unavoidable proof in order to relieve of liability.

Keywords

Journal of Transportation Research

Articles in Press, Accepted Manuscript
Available Online from 17 September 2019

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