In road transport, unforeseen situations can completely upend even the most carefully planned schedules. Regardless of how thoroughly a route is mapped out, there is always a risk that something might go wrong – such as border closures, natural disasters, or unexpected strikes.
What regulations govern carrier liability in such cases?
Let’s explore the key points.
What are extraordinary circumstances?
The concept of "force majeure" refers to events that are:
➡️ external to the carrier’s operations,
➡️ impossible to foresee,
➡️ beyond the carrier’s ability to control or mitigate.
Such circumstances include floods, hurricanes, administrative decisions, or mass protests. Importantly, this does not include "everyday" challenges, such as traffic jams or delays caused by minor vehicle malfunctions.
Carrier liability rules – what does the law say?
Polish transport law explicitly states that a carrier is not liable for failure to perform or improper performance of transport services if it can prove that the failure was due to extraordinary and unavoidable circumstances. However, the burden of proof rests with the carrier, who must demonstrate that their actions did not contribute to the situation and that every effort was made to mitigate its impact.
The rules for international transport regulated by the CMR Convention are similar, although the term "force majeure" is not explicitly used. In practice, a carrier may be exempt from liability if it can prove that the obstacles were entirely beyond its control and unavoidable.
Below are some examples to better illustrate the extraordinary circumstances that may affect the scope of a carrier's liability:
➡️ Unexpected weather events: Extreme weather conditions, such as snowstorms in regions where they are uncommon.
➡️ Road or border closures: Administrative blockades that prevented transport from being carried out as planned.
➡️ Sudden accidents: Collisions or breakdowns caused by factors beyond the carrier’s control, such as third-party actions.
How to prepare for unforeseen circumstances
Every transport company should aim to minimize risks. This can be achieved by investing in insurance, regularly updating contingency procedures, and maintaining effective communication with clients. A well-prepared carrier can respond quickly while efficiently documenting any obstacles encountered during the service.
Transport is a demanding industry, but understanding one’s rights and responsibilities helps carriers better navigate difficult situations. It is crucial to know when extraordinary circumstances can be invoked and how to prove that force majeure caused a service failure. What sets true professionals apart is their readiness for anything—even for what seems impossible to predict.

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