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Road transport law is a specific branch of law that regulates the legal relationships, rights and obligations arising during the transportation of all kinds of cargo, goods or passengers from one place to another. Essentially a sub-branch of commercial law, this field covers not only the physical act of transportation, but also the establishment of carriage contracts, the legal status of logistics intermediaries, liability regimes in cases of accident or damage, and international conventions. In a globalized world, transportation, which constitutes one of the most dynamic elements of trade, is carried out through this set of rules that provides legal assurance for the logistics sector.
The main legal basis for domestic transportation activities in Türkiye is the section titled “Transport Affairs” in the fourth book of the Turkish Commercial Code No. 6102. The Turkish Commercial Code regulates transport law in a manner that meets the needs of modern commerce and is compatible with international legislation, particularly the CMR Convention. Pursuant to Article 850 of the Code, transport activities are considered commercial enterprise activities. Within the scope of the Turkish Commercial Code, the transportation of goods, passenger transportation, household goods transportation and freight forwarding are regulated separately and in detail in order to protect the balance between the parties.
The administrative, financial and operational framework of road logistics in Türkiye is defined by the Road Transport Law No. 4925. The main purpose of this law is to regulate road transportation in accordance with market conditions, public interest and safety. Within the scope of the law:
The obligation of transportation companies to obtain an authorization certificate,
The requirement for drivers to hold professional competence certificates and psychotechnical evaluation documents,
The obligation to obtain financial liability insurance for passenger and goods transportation are regulated.
In summary, while the Turkish Commercial Code regulates the contractual and private law aspects of transportation, Law No. 4925 governs the public law, inspection and administrative rules of the activity.
Once a contract of carriage is established, the carrier assumes significant responsibility arising from both the law and the contract. The carrier’s main obligations can be grouped under three headings:
Duty to Protect the Goods / Duty of Care: The carrier is obliged to take all necessary measures to protect the goods received from external factors, theft or deterioration until they reach the destination.
Obligation to Deliver on Time: The goods must be delivered to the consignee within the period agreed in the contract or within a reasonable period of time.
Notification and Information Obligation: In case of obstacles, delays or damage to the goods during transportation, the carrier is obliged to immediately inform the sender and the consignee.
The carrier is responsible for adverse events occurring between the time the goods are received for transportation and the time they are delivered to the consignee. There are three main types of damage that may give rise to compensation:
Loss: This refers to the complete disappearance, theft or unusability of the goods. In calculating compensation, the market value of the goods at the place and time of receipt is taken as the basis.
Damage: This refers to breakage, deterioration or harm that reduces the value of the goods. The damage is compensated based on the difference in value between the undamaged and damaged condition of the goods.
Late Delivery / Delay: Even if the goods are not physically damaged, if a commercial loss arises due to late delivery, such as disruption of production, the carrier may be required to compensate this delay-related loss, generally limited to the freight charge.
In a transport relationship, the “right of disposal” refers to the right to change the route of the goods or the person to whom they will be delivered.
Rights of the Sender: While the goods are in transit, as long as the sender holds the first copy of the consignment note, the sender has the right of disposal, including the right to stop the transportation, request the return of the goods or request delivery to another consignee.
Rights of the Consignee: Once the goods arrive at the destination and the consignee requests delivery, the right of disposal passes to the consignee. The consignee has the right to inspect the goods, have any damage recorded in a report and request compensation for the loss.
In transport disputes, the periods for seeking legal remedies are much shorter than general legal time limits due to the speed of commercial life.
Damage Notification Periods: In cases of visible damage, written notification must be made to the carrier at the time of delivery. In cases of hidden damage, written notification must be made no later than 7 days from receipt of the goods. Otherwise, a presumption arises that the goods were delivered without damage.
Limitation Periods: Pursuant to Article 855 of the Turkish Commercial Code, all claims arising from a contract of carriage are generally subject to a 1-year limitation period. However, if the damage was caused by the carrier’s intent or gross negligence, this period is extended to 3 years. The period begins from the date of delivery of the goods, or in the case of total loss, from the date on which the goods should have been delivered.
In the logistics sector, risk management is carried out through insurance. The differences between the two most commonly confused types of insurance in the sector are as follows:
Cargo Insurance: This is insurance taken out directly by the owner of the goods, namely the sender or consignee, to protect the transported goods against risks such as accidents, fire or natural disasters. In case of damage, the insurance company directly compensates the loss of the goods owner.
Carrier Liability / CMR / FFO Insurance: This is insurance that covers the legal liability of the carrier arising from the contract of carriage. It does not insure the goods themselves, but rather the compensation that the carrier may be required to pay due to its fault.
Since transport activities are legally considered commercial matters, the competent courts for all lawsuits arising from these contracts are the Commercial Courts of First Instance. As to territorial jurisdiction, meaning the city where the lawsuit may be filed, the claimant is provided with certain alternatives:
As a general rule, the court of the defendant’s place of residence has jurisdiction.
Pursuant to Article 890 of the Turkish Commercial Code, the court of the place where the goods were received by the carrier or the place designated for delivery is also authorized.
In international transportation, unless the parties have agreed otherwise in the contract, the courts of the relevant country determined under the provisions of the CMR Convention may have jurisdiction.
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