FAQs: Transportation
Multimodal Transport
Q. Does
Thailand have any specific laws governing multimodal transport?
A. Yes,
the Multimodal Transport Act 2005.
Q.
What is the Multimodal Transport Act 2005 applicable to?
A. The
Act applies to carriage of goods by at least two different modes
of transport under one multimodal transport contract from a place
in one country where multimodal transport operator takes charge
of goods, to a place designated for delivery in another country.
The Act also applies to carriage of goods by at least two different
modes of transport in Thailand under a unimodal transport contract
if agreed in writing by the parties.
Q.
What is a multimodal transport contract?
A. A
multimodal transport contract is a contract whereby a consignor
agrees to engage a multimodal transport operator to perform or
procure multimodal transport and to pay freight to the mulimodal
transport operator.
Q.
Are there any specific requirements for operating multimodal
transport in Thailand?
A. Yes,
a multimodal transport operator is required to register with the
competent authority prior to operating multimodal transport.
Q.
What is the statute of limitations in claims for damages
arising from loss of or damage to goods or for delay in delivery
of goods carried under a multimodal transport contract?
A. Nine
months from the day the multimodal transport operator delivered
the goods or should have delivered the goods.
Q.
Is there any limitation of liability of the multimodal
transport operator?
A. Yes.
1. Where the goods charged to the care of the multimodal transport
operator are lost or damaged, the liability of the multimodal
transport operator is limited to 666.67 SDR per one shipping unit,
or 2 SDR per kilogram of the gross weight of the goods, whichever
is higher.
2. Where the loss of or damage to the goods resulted from a delay
in delivery or from extraordinary circumstances, other than the
loss of or damage to the goods, the liability of the multimodal
transport operator is limited to an amount not exceeding the freight
under the multimodal transport contract.
3. Where the multimodal transport contract does not include a
carriage of goods by sea or internal waters, the liability of
the multimodal transport operator is limited to 8.33 SDR per kilogram
of the gross weight of the goods lost or damaged.
4. Where the goods are lost or damaged during one particular stage
of multimodal transport, for which the national law of the country
where such loss or damage occurred or an international convention
would have provided a limitation of liability of the carrier,
the liability of the multimodal transport operator is limited
to the amount provided in the said national law or international
convention.
Q.
Is there any exclusion of liability of the multimodal transport
operator?
A. Yes.
The Act provides a list of exclusion of liability of the multimodal
transport operator. The multimodal transport operator is excluded
from liability if he can prove that the loss, damage or delay
in delivery occurred or resulted from force majeure; willful act
or negligence of the consignor, the consignee, representative
or agent of the consignor or the consignee; insufficient or defective
packing, marking or numbering of the goods, etc.
(October
4, 2007)
The above is intended to
provide general information only. The contents do not constitute
legal advice and should not be relied upon as such. If legal advice
or other expert assistance is required, the services of competent
professionals should be sought.
For
further information, please contact Ms.
Pimvimol (June) Vipamaneerut, Partner & Head of Transportation
& Insurance Group
(june.v@tillekeandgibbins.com).
