Legal team to draft haulier liability legislation

ALAN PEAT
IN THE contentious area of road haulier liability, the wheels have just been put in motion to introduce legislation in SA which will eventually fix liability - but probably within limits.
A specialist sub-committee in the Maritime Law Association (MLA) was tasked with this issue on September 17, and gives itself six-months of hard work putting together a draft of the proposed legislation.
“It’s such a mess at the moment,” said Andrew Robinson, director of lawyers, Deneys Reitz, and chairman of this road, rail, air and sea sub-committee of the MLA in Durban.
The problem is that, with an appropriate disclaimer clause in its contract of carriage, the local road transporter can effectively deny any liability for cargo damage - even when there is negligence on the part of the haulier.
This, say transport users, is the only area in the logistics chain of any goods where liability is not assumed by the carrier - and leaves almighty legal problems in getting claims settled.
However, the working group - composed of both lawyers and road transporters - is not attempting to dictate to the trucking industry, Robinson added.
“We’re trying to strike a balance,” he told FTW. “Attempting to reach a compromise with the transporters - and limiting liability.”
See also page 20