Conditions of Carriage
The RHA Conditions of Carriage are available for exclusive use by members. In addition there are a number of sector Conditions available such as Livestock, Storage, Caravan Hauliers, and Abnormal Indivisible Loads.
They are recognised as the industry standard when it comes to conditions of carriage and are only legally allowed to be used by fully paid up members of the Road Haulage Association.
To order printed copies of the RHA Conditions of Carriage 2009, please telephone the Hauliers Shop on 01733 263434 or order online by clicking on the link below:
Conditions of carriage
FAQ
Q: Do the new Conditions automatically supersede the 1998 Conditions?
A: The old conditions are still valid until you advise your customers that you intend to trade subject to the new Conditions. Of course we recommend you trade as soon as possible under the new Conditions to benefit from the changes that have been made. See information below on "How to use the Conditions".
Q: Do I need to inform my Insurer or Broker of the change?
A: Yes - make sure you inform your insurer or broker and secure any necessary adjustments to existing insurance covers.
Q: Why use RHA Conditions of Carriage?
A: By using RHA Conditions correctly, you limit your Common Law liability for the goods you carry.
Q: What happens if I don't use the Conditions of Carriage correctly?
A: If you do not use Conditions of Carriage correctly, under Common Law you can be held responsible for the full value of a load irrespective of the value placed on the load by the customer. You can also be held responsible for consequential losses arising from non-delivery or damaged delivery. See below "How to use the Conditions".
How to use the Conditions
A member, who intends to trade under these Conditions, or any of the specialist group conditions, should take the following action:-
1. Refer the Conditions to his insurers or brokers and secure any necessary adjustments to existing insurance covers.
2. Inform existing customers in writing, preferably by Recorded Delivery, of the intention to trade subject to the new Conditions saying for example: "Please note that as from the _ day of _ 2009 goods will be accepted for carriage only subject to the RHA Conditions of Carriage 2009 a copy of which is attached/available [free] on request". If it is intended to use the specialist group conditions reference should instead be made to the relevant specialist conditions.
3. Inform existing sub-contractors in writing, preferably by Recorded Delivery, that as from the _ day of _ 2009 goods will be accepted for carriage and sub-contracted only subject to the RHA Conditions of Carriage 2009. If it is intended to use the specialist group conditions reference should instead be made to the relevant specialist conditions.
4. Retain Recorded Delivery receipts or, if the above letters are not sent by Recorded Delivery, maintain a permanent record of customers and sub-contractors and the dates on which letters were dispatched.
5. Print or (overprint) at the foot of all letterheads, quotation forms, fax forms, emailed documents, confirmation forms and notes, Consignment Notes and invoices etc: "Goods are accepted for carriage (and sub-contracted) only subject to the RHA Conditions of Carriage 2009 a copy of which is available [free] on request. If it is intended to use the specialist group conditions reference should instead be made to the relevant specialist conditions. If present letterheads etc refer to the "current RHA Conditions of Carriage" this will probably suffice provided that all existing customers and sub-contractors have been informed in accordance with 2-4 above that you are now using the 2009 conditions.
6. Maintain a stock of the printed Conditions for issue to customers or subcontractors as and when requested.
7. Specifically mention that the Conditions will apply during any telephone call in which the terms of the contract are first agreed verbally, and confirm this immediately afterwards to the customer by fax, e-mail, letter, note or memo at the same time as any quotation. Clear, simple, contemporary, dated and timed documents provide better proof than later conflicting oral evidence of recollections of conversations.
For further advice on the use of the Conditions, members should contact the RHA's expert on the matter, Chrys Rampley, by telephoning 01932 838905, or via e-mail: Chrys Rampley