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.