A draft Law on the Amendment and Supplementation of the Road Transport Act has been submitted to the National Assembly, which provides for significant changes in the regulation of the transport of goods, with a focus on digitalization and the refinement of liability between the parties to the transport legal relationship. The main objective of the proposed amendments is to modernize the existing legal framework and to create clearer rules for the participants in the transport process.

What are some of the most important amendments?

First, the definition of the concept of “road transport” has been refined, providing that the carrier should not only deliver the goods to a specific place, but also guarantee that the delivery has been performed accurately in qualitative, quantitative and time-related terms. This constitutes a substantial addition, as it introduces a clearer and extended liability for carrier companies.

In line with the digitalization in a number of spheres of public life, the consignment note will be able to be issued in electronic form. It is envisaged that it may be created through electronic communication between the parties, including by means of attached files or other means that ensure the link with the main document and its integrity. The requirement to ensure authenticity and immutability of the content presupposes the use of reliable technological solutions guaranteeing the security of the information.

The amendments also introduce greater clarity regarding the allocation of responsibility between the parties to the transport contract. It is expressly provided that the carrier has no obligation to verify the accuracy and sufficiency of the documents related to the transport, which are indicated in the consignment note and are provided by the sender together with the shipment itself. These are usually documents required by the authorities for state health control, customs or other competent authorities. In the event of their loss, however, the liability of the carrier may be engaged as a commission agent up to the amount of the liability in case of loss of the goods themselves. In this part, the regulation may be assessed as balanced, as it logically distinguishes between the responsibility for delivering the documents and the responsibility for their formal correctness and completeness.

The draft law also provides for a more detailed regulation of relations in successive transport, where several carriers participate in the performance of the contract. The regulation is again aiming to be fair and logical, stating that each subsequent carrier enters into the contract under the terms of the consignment note, accepts the goods and certifies this by signing the document, while at the same time issuing a receipt to the previous carrier. In this way, greater legal certainty and clarity are introduced regarding the rights and obligations of the participants in the transport chain, as well as limiting potential disputes between them.

Another important feature is also clarified - the carrier has the right to dispose of the goods (for example, to change the place of delivery) until the moment the consignee receives a copy of the consignment note. From that moment onwards, the carrier must comply with the instructions of the consignee or of the person entitled under the consignment note (if such has been issued).

The proposed amendments are of significant importance for business, especially for companies in the transport and logistics sector. The digitalization of documents will facilitate both domestic and international transport, while at the same time reducing costs and administrative burden. The clearer allocation of responsibility will contribute to limiting legal risks and will create a more predictable environment for commercial activity. In a broader sense, the amendments represent a step towards modernizing the legislation and adapting it to contemporary technological and economic realities, especially in view of the increasing volume of online orders and courier deliveries.

This article has been prepared for and is part of the Legal Digest issued by Penkov, Markov & Partners. The publications therein do not constitute legal advice and are not binding. Penkov, Markov & Partners reserves all rights to this material, and any distribution thereof is subject to the prior written consent of the law firm.