PROOF OF THE TRANSPORT CONTRACT IS MADE THROUGH THE CMR CONSIGNMENT NOTE (CMR WAYBILL)
The CMR consignment note (CMR waybill) is drawn up in three original copies, signed by both the consignor and the carrier. These signatures may be printed or replaced by the stamps of the consignor and the carrier, if the legislation of the country where the CMR document is issued allows it.
The first copy is handed to the consignor, the second accompanies the goods during international road transport, and the third is kept by the carrier. This way, the CMR waybill serves as official proof of the international CMR transport contract.
1. The CMR waybill must obligatorily contain the following details:
a) the place and date of issuance;
b) the name and address of the consignor;
c) the name and address of the carrier;
d) the place and date of taking over the goods and the place designated for delivery;
e) the name and address of the consignee;
f) the usual description of the nature of the goods and the type of packaging, and for dangerous goods, their internationally recognized designation;
g) the number of packages, their special markings, and numbers;
h) the gross weight or otherwise expressed quantity of the goods;
i) the costs related to the transport (transport price, additional charges, customs duties, and other expenses incurred from the conclusion of the CMR contract until delivery);
j) the instructions necessary for customs formalities and other specific requirements;
k) the statement that the transport is subject to the regime established by the CMR Convention and not to any other contrary clause.
2. Where applicable, the CMR document must also include the following information:
a) prohibition of transshipment;
b) expenses borne by the consignor;
c) the total amount of cash-on-delivery charges to be collected upon delivery of the goods;
d) the declared value of the goods and the amount representing the special interest in delivery;
e) consignor’s instructions to the carrier regarding the insurance of the goods;
f) the agreed time within which the transport must be completed;
g) the list of documents handed over to the carrier.
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CMR as legal evidence in UK transport disputes
Under Article 9 of the CMR Convention, the consignment note is prima facie evidence of the contract of carriage and of the receipt of the goods by the carrier. This means that, in the absence of any reservation entered by the carrier on the note, it is presumed that the goods and their packaging appeared in good condition at the time the carrier took them over, and that the number of packages, their marks, and their numbers corresponded to the statements in the note.
In UK civil litigation, courts apply CMR Convention provisions directly — the Convention has force of law in England, Wales, Scotland, and Northern Ireland through the Carriage of Goods by Road Act 1965. A claimant who holds a signed CMR can rely on that document as evidence of the contract terms, the goods’ condition at loading, and the agreed delivery destination, without needing a separate written contract.
Signed vs unsigned CMR — legal weight difference: A CMR note bearing the carrier’s signature in field 23 is binding evidence of receipt. An unsigned CMR carries significantly less weight — the carrier can dispute the description of goods, quantity, or condition at loading. UK freight insurers and solicitors consistently advise hauliers to obtain a properly countersigned CMR at every stage of the journey: loading, any transshipment point, and on delivery.
CMR vs Bill of Lading: UK and EU freight documentation
The two most common international freight documents — the CMR consignment note and the Bill of Lading (B/L) — serve different modes of transport and carry different legal implications.
- CMR covers road transport. It applies whenever goods are carried by road across an international border, at least one of which is a CMR contracting state. The CMR note is a receipt and a contract, but it is not a document of title — it cannot be traded or endorsed to transfer ownership of the goods.
- Bill of Lading covers sea transport. A B/L is a document of title and can be transferred to a third party, making it essential for documentary credit (letter of credit) transactions. It does not apply to road-only journeys.
- Multimodal freight — when both apply. For UK–EU consignments moved by road-on-ferry (Ro-Ro) or combined road/sea routes, both a CMR and a sea waybill (or B/L) may be required. The CMR governs the road legs; the sea carrier issues their own document for the maritime leg. Under Article 2 of the CMR Convention, where a road vehicle carrying goods is itself carried by sea or rail for part of the journey and the goods are not unloaded, the CMR still applies to the entire journey.
- UK post-Brexit position. Brexit did not change the UK’s CMR obligations. The UK remains a contracting party to the CMR Convention and the eCMR Protocol. CMR is still the standard document for all UK–EU road haulage, and UK hauliers operating to EU member states must issue CMR notes as before January 2021.
What makes a CMR legally valid as proof of contract?
For a CMR note to serve as valid evidence of the transport contract in a UK or EU court, it must satisfy both formal and substantive requirements set out in the Convention.
Three required signatures:
- Field 22 — Sender’s signature: Confirms the consignor’s acceptance of the contract terms and the accuracy of the goods description. Must be signed (or stamped where national law permits) at the point of loading.
- Field 23 — Carrier’s signature: Confirms receipt of the goods and triggers the carrier’s liability under the Convention. Without this signature, the CMR note does not constitute evidence of receipt.
- Field 24 — Consignee’s signature: Confirms delivery and, crucially, triggers the consignee’s obligation to pay freight charges if applicable. An unsigned field 24 may allow the consignee to dispute delivery or the condition of goods on arrival.
Reservations and annotations in field 18: If the carrier identifies any damage, shortage, or discrepancy in packaging at the time of loading, they must enter a reasoned reservation in field 18 before signing. A general statement such as “unchecked” is insufficient under Article 8 of the CMR Convention — the reservation must describe the specific damage or discrepancy observed. Failure to make a reservation means the carrier accepts the goods as described, which may extinguish any later defence against a cargo claim.
Electronic CMR (eCMR) validity in the UK: The UK ratified the Additional Protocol to the CMR Convention on the Electronic Consignment Note (eCMR Protocol) in 2019. An eCMR issued in compliance with the Protocol has the same legal standing as a paper CMR. The eCMR must be created, transmitted, and stored in a way that ensures authenticity and integrity — typically via a certified eCMR platform. UK courts and HMRC accept eCMR as equivalent to the paper original.
CMR evidence and UK customs clearance
Since January 2021, all goods entering or leaving Great Britain require customs declarations. The CMR consignment note plays a central supporting role in the UK customs clearance process, even though HMRC does not mandate it by name in its statutory requirements.
- HMRC import/export declarations: Customs brokers and freight forwarders routinely use the CMR to populate the goods description, quantity, gross weight, consignee details, and country of origin fields in the CHIEF or CDS customs entry. An accurate CMR reduces the risk of HMRC raising a discrepancy query and delays at the border.
- Border Force examination: Border Force officers may request the CMR document during a physical or documentary examination of the vehicle or goods. The CMR serves as supporting evidence that the goods declared match those loaded. A missing or incomplete CMR can delay release of the consignment while supplementary documentation is obtained.
- Record retention under UK law: HMRC requires VAT records — including transport documentation — to be kept for a minimum of 6 years. The CMR consignment note, as evidence of the transport service (and therefore the supply for VAT purposes), falls within this requirement. Businesses should retain all three copies of the CMR note (sender, carrier, consignee) together with the corresponding invoice and customs entry for the full 6-year period. Carriers subject to HMRC audit who cannot produce CMR notes may face challenges in recovering input VAT on cross-border transport costs.
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