ABSTRACT

The first question that arises is as to what is meant by "goods of a dangerous nature", since the CMR Convention itself offers no definition. An improperly secured cargo may certainly cause danger, but unless that cargo has some inherent danger it would not be a carriage of dangerous goods within Article 22. International Carriage of Dangerous Goods by Road (ADR) applies to every international carriage of goods by road, regardless of whether that carriage falls within CMR, so it will also cover, such as, carriage by containers. ADR itself does not provide any general definition of dangerous goods, preferring instead to "those substances and articles the international carriage by road of which is prohibited by, or authorised only on certain conditions by, annexes A and B". The phrase "goods of a dangerous nature" appears in Article IV, Rule 6 of the Hague and Hague-Visby Rules.