← Lessons 25-Insurance

4. OPERATIONAL RISKS INSURANCE

  • Compulsory motor insurance covers only the statutory elements; transport businesses face many additional operational risks.
  • Operators should balance the cost of insurance against the genuine likelihood and potential severity of losses.
  • It is possible to spend too much on cover for extremely unlikely events.
  • Insurance should therefore be selected to provide appropriate protection at a reasonable cost.

4.1 FIRE AND THEFT INSURANCE

  • Basic third-party motor insurance does not automatically cover vehicle theft or fire damage.
  • Fire and theft cover are voluntary additional insurances.
  • The source recommends that operators insure against these risks.

4.2 DAMAGE TO PUBLIC HIGHWAYS INSURANCE

  • This covers damage caused to roads, bridges and similar infrastructure by vehicle/load weight.
  • Operators must consider bridge and route weight restrictions when planning journeys.
  • Abnormal indivisible loads are particularly relevant because of their potential to damage roads and bridges.
  • Notice must be given to highways and bridge authorities before a Special Types movement.
  • The source states that 2 days' notice is required where total vehicle and load weight does not exceed 80,000 kg.
  • Where total weight exceeds 80,000 kg, 5 days' notice is required.
  • The statutory notice indemnifies the authorities against damage caused by the movement.
  • Authorities are allowed up to 12 months to make a claim because some damage may become apparent later.

4.3 GOODS IN TRANSIT INSURANCE

  • There is no legal obligation on operators to insure customers' goods against loss or damage while in their care.
  • The source strongly recommends goods-in-transit cover because a major claim could seriously affect an uninsured business.
  • The level of cover should match the operator's conditions of carriage and potential liabilities.
  • Cover should be reviewed regularly.
  • If a customer requests higher cover than normal, the operator should consult the insurer.
  • If the higher risk is accepted, an additional charge can be considered to recover the extra insurance cost.
  • Common restrictive clauses include:
  • Immobiliser clause – requires an approved anti-theft device to be fitted, maintained and used when a loaded vehicle is left unattended.
  • Night risk clause – theft from an unattended vehicle at night may be excluded unless the required security/parking conditions are met.
  • Excluded goods clause – certain high-value or dangerous goods may be excluded.
  • Excess clause – the policyholder pays the first agreed amount of each claim.

4.4 CMR INSURANCE

  • CMR is the commonly used abbreviation for the international road-carriage convention described in the source.
  • CMR generally applies to international hire-and-reward road haulage.
  • The source identifies exclusions including postal movements, funeral consignments and furniture removals.
  • International ISO freight containers are treated as goods rather than vehicles for this purpose and are excluded as described in the source.
  • Movements between the UK and the Republic of Ireland are specifically excluded from CMR under the source material.
  • CMR liabilities can be substantially higher than those normally applying to domestic UK transport.
  • International operators should therefore arrange goods-in-transit insurance appropriate to potential CMR liabilities.
  • A UK operator can become involved in CMR without realising it – for example, by carrying a semi-trailer that has arrived in Dover from France and completing the final UK leg.
  • This is often called 'unwitting CMR'.
  • A CMR consignment note confirms the contract of carriage and must be completed for goods carried under the Convention.
  • The IRU has prepared a model CMR consignment note.

CMR CLAIMS AND LIABILITY

  • First establish whether CMR applies; normally an official CMR consignment note is a useful indicator, although absence of a note does not necessarily prove that CMR does not apply.
  • For apparent damage, the consignee must lodge a written claim immediately at delivery.
  • For damage that is not immediately apparent, written notice must be given within 7 days, according to the source.
  • For loss or damage, the value of the consignment is assessed at the time and place of loading.
  • The source states a liability limit of 8.33 Special Drawing Rights (SDRs) per kg.
  • The source gives an approximate equivalent of £9,000 per tonne, compared with a usual domestic RHA limit of £1,300 per tonne under the cited conditions.
  • Example in the source: 5,000 kg × 8.33 SDRs × £1.10 = £45,815 maximum calculated liability.
  • Compensation cannot exceed the value of the goods lost/damaged plus carriage costs; the lesser applicable amount is used.
  • Partial loss is compensated on a pro-rata basis.
  • A consignment is treated as lost if not delivered within 30 days of the agreed delivery date.
  • Where no delivery date was agreed, the source states that it is considered lost after 60 days from collection.
  • A claim for delay requires a written reservation to the carrier within 21 days from when the goods were placed at the consignee's disposal.
  • For delay, compensation cannot exceed the carriage costs.
  • CMR defences include inadequate packing by the consignor, incorrect handling by consignor/consignee, inherent vice such as decay or rust, and an expressly agreed open unsheeted vehicle.
  • Where successive carriers are involved, each carrier is liable for loss/damage while the goods are in their possession.
  • At each changeover, the next carrier should check the load and record any loss/damage in the reservations section of the CMR note.
  • Signing the note and accepting the goods are significant because liability passes to the next carrier at that point.
  • If responsibility cannot be established between successive carriers, each carrier contributes in proportion to its share of the carriage charges.

4.5 CREW MEMBER INSURANCE FOR INTERNATIONAL OPERATIONS

  • The source describes reciprocal arrangements with EU countries for free or low-cost medical treatment for visitors.
  • UK visitors should carry an EHIC or, when applicable, a GHIC.
  • The source states that the card is obtained from the Department for Health and is valid for renewable periods of 5 years.
  • EHIC/GHIC treatment covers medically necessary treatment until the planned return journey.
  • Treatment is provided on the same basis as for a resident of the country.
  • The source states that pre-existing medical conditions and routine maternity care can also be covered where the visit is not specifically for those purposes.
  • EHIC/GHIC cover is not unlimited.
  • It is unlikely to cover costs such as air-ambulance repatriation or a replacement driver.
  • Operators should seriously consider private medical insurance for staff travelling abroad.
  • Private cover can include medical treatment and repatriation costs.

4.6 MARINE INSURANCE

  • Maritime law can limit shipping-line liability for loss or damage to vehicles or loads while at sea.
  • Operators are therefore advised to obtain additional marine insurance for this risk.