If the shipper violates the regulations on the carriage of dangerous goods, how should the carrier d

If the shipper violates the regulations on the carriage of dangerous goods, the carrier may take the following measures:

1. The carrier may refuse to carry out the carriage if the shipper fails to properly pack the dangerous goods, or fails to mark and label the dangerous goods, or fails to submit the written materials concerning the name, nature and precautionary measures of the dangerous goods to the carrier in a timely manner;

2. If dangerous goods are found to be consigned during transportation, the carrier may also take various measures to avoid the occurrence of losses, including that the carrier may unload, destroy or render the goods inharmless at any place and at any time according to the circumstances;

3. The carrier may not be liable for any loss caused to the shipper as a result of measures taken by the carrier. However, if the loss is caused to the carrier, the shipper shall be liable to the carrier, and the various expenses incurred by the carrier as a result of the measures taken by the carrier shall also be borne by the shipper.

It should be emphasized here that even if the shipper does not breach its obligations under the contract law and the carrier is aware of the nature of the dangerous goods and agrees to carry them, the carrier can still take various corresponding measures to avoid losses when the dangerous goods pose a danger to the safety of the means of transport, personnel and other goods during the transportation. In such a case, the carrier may not be liable for damages even if it causes loss to the shipper.

Article 66 Whoever violates the provisions of these Regulations by committing any of the following acts shall be fined not less than 20,000 yuan but not more than 100,000 yuan by the transportation department; Anyone who violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of causing an accident with dangerous goods or other crimes

1) Drivers, crews, loading and unloading management personnel, and escort personnel engaged in the road and water transportation of hazardous chemicals have not passed the examination and obtained the qualification certificate;

2) Using inland rivers and other closed waters and other shipping channels to transport highly toxic chemicals and other hazardous chemicals prohibited by the state;

3) The shipper fails to go through the formalities of water transport with the transportation department in accordance with the regulations, and transports hazardous chemicals other than highly toxic chemicals and other hazardous chemicals prohibited by the state by water without authorization;

4) The shipper consigns hazardous chemicals and does not explain to the carrier the name, quantity, hazards, emergency measures, etc. of the hazardous chemicals to be transported, or it is necessary to add inhibitors or stabilizers, and does not add them when they are delivered to the consignment;

5) The transportation, loading and unloading of hazardous chemicals does not comply with the provisions of relevant national laws, regulations, rules and national standards, and necessary safety protection measures are taken in accordance with the characteristics of hazardous chemicals.

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The shipper is required to consign dangerous goods under the following obligations: 1. Obligation to properly pack. The shipper shall mark and label dangerous goods in accordance with the relevant regulations; 2. Obligation to inform.

The person who transports the number of goods shall submit the written materials on the name, nature and precautionary measures of the dangerous goods to the carrier.

[Legal basis].

Article 828 of the Civil Code of the People's Republic of China If a shipper consigns flammable, explosive, toxic, corrosive, radioactive and other dangerous goods, it shall properly package the dangerous goods in accordance with the relevant national regulations on the transportation of dangerous goods, make dangerous goods marks and labels, and submit the written materials on the name, nature and preventive measures of the dangerous goods to the carrier. If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to carry the carriage or take corresponding measures to avoid the occurrence of losses, and the expenses incurred therefrom shall be borne by the shipper.

The shipper shall properly pack the consignment of the goods and guarantee to the carrier that the name, mark, number of packages or pieces, weight or volume of the goods provided by the cargo at the time of loading on the ship are correct; The shipper shall be liable for compensation if the loss is caused to the carrier due to poor packaging or incorrect information. The shipper shall go through all the formalities required for the transportation of goods to the port, customs, quarantine, inspection and other competent authorities in a timely manner, and send the documents that have gone through all the formalities to the carrier; The shipper shall be liable for compensation if the interests of the carrier are damaged due to the untimely, incomplete or incorrect delivery of the relevant documents for various formalities. The shipper consignment of dangerous goods shall, in accordance with the provisions on the transport of dangerous goods by sea, properly package, make signs and labels of dangerous goods, and notify the carrier in writing of its official name and nature and the measures to prevent hazards that should be taken; If the shipper fails to notify or incorrectly notifies, the carrier may, at any time and at any place, as the circumstances require, unload, destroy or render the goods harmless, and shall not be liable for compensation.

The shipper shall be liable for the damage suffered by the carrier as a result of the carriage of such goods. If the consignee fails to notify the carrier in writing of the loss of or damage to the goods at the time the carrier delivers the goods to the consignee, such delivery shall be deemed prima facie evidence that the carrier has delivered the goods in accordance with the transport document and that the goods are in good condition. If the loss or damage to the goods is not obvious, the provisions of the preceding paragraph shall apply if the consignee fails to submit a written notice within seven consecutive days from the day after the delivery of the goods and within 15 consecutive days from the day after the delivery of the containerized goods.

If, at the time of delivery, the consignee has carried out a joint inspection or inspection of the goods with the carrier, it is not necessary to submit written notice of the ascertained loss or damage. The carrier shall not be liable for compensation if it fails to receive written notice from the consignee of the economic loss caused by the delay in delivery of the goods within 60 consecutive days from the day after the delivery of the goods to the consignee.

Legal Analysis: The shipper imposes the following obligations on the consignment of dangerous goods:

1. Obligation to properly pack. The shipper shall mark and label dangerous goods in accordance with the relevant regulations;

2. Obligation to inform. The shipper shall submit to the carrier the written materials of the name, nature and precautionary measures of the dangerous goods to be monitored.

Legal basis: Civil Code of the People's Republic of China

Article 828: Where a shipper consigns flammable, explosive, toxic, corrosive, radioactive or other dangerous goods, it shall properly package the dangerous goods in accordance with the relevant national regulations on the transport of dangerous goods, make signs and labels for dangerous goods, and submit written materials on the name, nature and preventive measures of the dangerous goods to the carrier.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to carry the goods, or may take corresponding measures to avoid the occurrence of loss and leakage, and the shipper shall bear the expenses incurred thereby.

1. Obligation to properly pack. The shipper shall mark and label dangerous goods in accordance with the relevant regulations;

2. Obligation to inform. The shipper shall submit the written materials of the name, nature and precautionary measures of the dangerous goods with the delay in customs to the carrier.

[Legal basis].Article 828 of the Civil Code of the People's Republic of China [Transport of Dangerous Goods] If the shipper consigns flammable, explosive, toxic, corrosive, radioactive and other dangerous goods, it shall properly package the dangerous goods in accordance with the relevant national regulations on the transportation of dangerous goods, make signs and labels of dangerous goods, and submit the written materials related to the name, nature and preventive measures of the dangerous goods to the carrier. If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to carry the carriage, and may take corresponding measures to avoid the occurrence of losses, and the shipper shall bear the expenses incurred thereby.