PRACTICE AREAS

What is Logistics & Transportation Law?

Logistics & Transportation Law is a branch of private law that regulates the legal aspects of transportation activities, determining the rights and obligations that may arise during the process of transporting goods and items. This field of law covers disputes that may arise between parties in road, air, sea, and rail transport, the limitations of responsibilities, and transportation contracts.

With the growth of the logistics sector, transportation activities have evolved from simple cargo transportation to a more complex structure that also includes storage, customs clearance, distribution, and insurance. Therefore, legal expertise and support in the field of logistics and transportation are of great importance.

Key Elements of Logistics and Transportation Law

In transportation activities, various contracts and obligations are established between the parties involved. These relationships can be summarized under the following headings:

• Transportation Contracts: The carrier agrees to safely deliver goods from one place to another for a specific fee.
• Obligations of the Shipper and Consignee: The shipper must ensure timely delivery, packaging, and provision of information regarding the goods.
• Carrier's Responsibility: The carrier may be held responsible for the loss, damage, or delay of goods under certain conditions.
• Transportation Documents: Bills of lading, delivery notes, and similar documents serve as evidence during the transportation process.
• Insurance and Compensation: Compensation claims can be made under insurance coverage in case the goods are damaged during transport.

Legal Regulations Based on Transportation Types

In transportation law, different regulations and responsibilities apply based on the type of transportation:

• Road Transport: The Road Transport Law applies in Turkey. For international transport, the CMR (Convention on the Contract for the International Carriage of Goods by Road) rules are applicable.
• Sea Transport: The provisions of the 5th book of the Turkish Commercial Code apply. For international transport, the Hague-Visby Rules are taken into consideration.
• Air Transport: Governed by the Warsaw and Montreal conventions, where the carrier's responsibility is separate for passengers and cargo.
• Rail Transport: The Turkish State Railways (TCDD) regulations apply domestically, while the CIM rules apply internationally.

Legal Risks in International Transport

In international transport, the application of different national regulations can lead to disputes between parties. Therefore, it is essential to carefully and thoroughly prepare transportation contracts.

• Which country's law is applicable?
• Which court has jurisdiction in case of a dispute?
• Can the carrier's liability be limited?
• Is the insurance coverage sufficient for international transport?

Contracts that clearly answer these questions protect both the carrier and the owner of the goods from potential losses and damages.

Logistics Service Contracts

Modern logistics companies offer multifaceted services such as storage, packaging, distribution, and customs procedures in addition to transportation. Logistics service contracts are made to determine the details of these services. These contracts should cover:

• Scope and duration of services
• Liability limits
• Compensation conditions
• Confidentiality clauses
• Dispute resolution methods

Each service area may contain separate provisions, which distinguishes logistics service contracts from classical transportation contracts.

Conclusion

Logistics & Transportation Law is a critical field that everyone involved in the transportation sector should be aware of. A poorly prepared transportation contract, incorrectly arranged documents, or gaps in insurance coverage can lead to significant costs and legal issues. Therefore, obtaining legal support during the transportation process ensures that operations are conducted safely, in compliance with laws, and without complications. Consulting in logistics and transportation law is of great importance in preventing loss of rights. Contact us for more information and consultancy services.