Introduction
Türkiye’s geographical position makes it a strategic logistics hub, connecting Europe, Asia, and the Middle East. With the growth of international trade and e-commerce, the regulation of goods transportation has become more important than ever. Turkish Transportation of Goods Law provides the legal framework for contracts of carriage, carrier liability, and compliance in road, maritime, air, and rail transport.
This article examines the legal framework, international conventions, liability principles, and enforcement practices under Turkish law, providing guidance for logistics companies, carriers, and traders.
Legal Framework of Turkish Transportation of Goods Law
1. Turkish Commercial Code (TCC) – Law No. 6102
- The main legislation regulating contracts of carriage.
- Covers road, sea, air, and rail transport, as well as multimodal transportation.
- Establishes carrier liability, rights of consignors and consignees, and freight payment rules.
2. Turkish Civil Aviation Law (Law No. 2920)
- Applies to the carriage of goods by air.
- Complements international treaties like the Montreal Convention (1999).
3. Turkish Maritime Law (within TCC)
- Regulates maritime shipping, bills of lading, and liability for cargo damage or loss.
- Aligned with Hague-Visby Rules.
4. Highway Transport Law (Law No. 4925, 2003)
- Governs domestic and international road transport.
- Implements rules consistent with the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road, 1956).
5. Railway Transportation Law (Law No. 6461, 2013)
- Liberalized the railway sector, allowing private operators in freight transportation.
- Aligns with EU railway regulations.
6. International Conventions
Türkiye is a party to several key conventions affecting transportation of goods:
- CMR Convention (1956): Road transport liability.
- Montreal Convention (1999): Air cargo liability.
- Hague-Visby Rules: Maritime carriage liability.
- COTIF (Convention concerning International Carriage by Rail): International rail transport.
Carrier Liability Principles
1. General Liability Rule (TCC & CMR)
- Carrier is liable for loss, damage, or delay unless they prove it resulted from:
- Shipper’s fault,
- Inherent defect of goods,
- Force majeure.
2. Limitation of Liability
- Road Transport (CMR): Compensation limited to 8.33 SDR per kilogram.
- Air Transport (Montreal Convention): Compensation limited to 22 SDR per kilogram.
- Maritime Transport (Hague-Visby): Compensation limited to 666.67 SDR per package or 2 SDR per kilogram, whichever is higher.
3. Strict Liability in Some Cases
- For dangerous goods, carriers may bear higher liability if proper precautions are not taken.
Contracts of Carriage
- Form: Can be written (bill of lading, waybill, airway bill) or electronic.
- Mandatory Terms: Description of goods, transport route, delivery address, carrier details, and freight charges.
- Electronic Documentation: Türkiye recognizes electronic bills of lading in line with global digital trade trends.
Rights and Obligations
Shipper’s Obligations
- Provide accurate information about goods.
- Pay freight and related charges.
- Properly package goods.
Carrier’s Obligations
- Deliver goods safely, within the agreed time.
- Issue necessary documents (bill of lading, waybill).
- Maintain insurance coverage where required.
Consignee’s Rights
- Right to delivery at destination.
- Right to claim damages in case of loss, delay, or damage.
Enforcement and Court Practices
- Commercial Courts of First Instance handle transportation disputes.
- Turkish courts respect international jurisdiction clauses in carriage contracts (e.g., arbitration clauses, foreign court jurisdiction).
- Arbitration: Common in maritime and international freight disputes.
- Courts apply both domestic law and international conventions (e.g., CMR, Montreal) depending on transport type.
Compliance Tips for Logistics Companies
- Check liability limits under international conventions.
- Draft clear contracts of carriage, avoiding vague clauses.
- Ensure insurance coverage (cargo insurance, liability insurance).
- Use electronic documentation in compliance with TCC.
- Train staff on handling dangerous goods and customs compliance.
- Resolve disputes efficiently through mediation or arbitration clauses.
Conclusion
Turkish Transportation of Goods Law provides a comprehensive framework for the logistics sector, aligning with international conventions while protecting the rights of shippers, carriers, and consignees. With Türkiye’s strategic location as a trade corridor, compliance with transportation law is essential for avoiding liability and ensuring smooth operations.
For logistics companies and international traders, understanding Turkish Transportation of Goods Law is not only about legal compliance but also about building trust and efficiency in global supply chains.
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