Multimodal transport
Encyclopedia
Multimodal transport is the transportation of goods under a single contract, but performed with at least two different means of transport
; the carrier is liable (in a legal sense) for the entire carriage, even though it is performed by several different modes of transport (by rail, sea and road, for example). The carrier does not have to possess all the means of transport, and in practice usually does not; the carriage is often performed by sub-carriers (referred to in legal language as "actual carriers"). The carrier responsible for the entire carriage is referred to as a multimodal transport operator, or MTO.
Article 1.1. of the United Nations
Multimodal Convention (which has not yet, and may never enter into force] defines multimodal transport as follows: "'International multimodal transport' means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country".
have become important MTOs; they have moved away from their traditional role as agents for the sender, accepting a greater liability as carriers. Large sea carriers have also evolved into MTOs; they provide customers with so-called door-to-door service. The sea carrier offers transport from the sender's premises (usually located inland) to the receiver's premises (also usually situated inland), rather than offering traditional tackle-to-tackle or pier-to-pier service. MTOs not in the possession of a sea vessel (even though the transport includes a sea leg) are referred to as Non-Vessel Operating Carriers (NVOC) in common law
countries (especially the United States).
Multimodal transport developed in connection with the "container
revolution" of the 1960s and 70s; as of 2011, containerized transports are by far the most important multimodal consignment
s. However, it is important to remember that multimodal transport is not equivalent to container transport
; multimodal transport is feasible without any form of container. The MTO works on behalf of the supplier; it assures the supplier (and the buyer) that their goods will be effectively managed and supplied.
(RITA) within the U.S. Department of Transportation (USDOT) chairs an inter-agency Research, Development and Technology (RD&T) Planning Team. The University Transportation Center (UTC) program, which consists of more than 100 universities nationwide conducts multi-modal research and education programs.
has occurred (where the goods have been damaged during transport, for example). However, problems arise if the breach of contract is systemic (not localized).
Transport
Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...
; the carrier is liable (in a legal sense) for the entire carriage, even though it is performed by several different modes of transport (by rail, sea and road, for example). The carrier does not have to possess all the means of transport, and in practice usually does not; the carriage is often performed by sub-carriers (referred to in legal language as "actual carriers"). The carrier responsible for the entire carriage is referred to as a multimodal transport operator, or MTO.
Article 1.1. of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Multimodal Convention (which has not yet, and may never enter into force] defines multimodal transport as follows: "'International multimodal transport' means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country".
Overview
In practice, freight forwardersFreight forwarder
A freight forwarder, forwarder, or forwarding agent is a person or company that organizes shipments for individuals or other companies and may also act as a carrier...
have become important MTOs; they have moved away from their traditional role as agents for the sender, accepting a greater liability as carriers. Large sea carriers have also evolved into MTOs; they provide customers with so-called door-to-door service. The sea carrier offers transport from the sender's premises (usually located inland) to the receiver's premises (also usually situated inland), rather than offering traditional tackle-to-tackle or pier-to-pier service. MTOs not in the possession of a sea vessel (even though the transport includes a sea leg) are referred to as Non-Vessel Operating Carriers (NVOC) in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
countries (especially the United States).
Multimodal transport developed in connection with the "container
Shipping container
A shipping container is a container with strength suitable to withstand shipment, storage, and handling. Shipping containers range from large reusable steel boxes used for intermodal shipments to the ubiquitous corrugated boxes...
revolution" of the 1960s and 70s; as of 2011, containerized transports are by far the most important multimodal consignment
Consignment
Consignment the act of consigning, which is placing any material in the hand of another, but retaining ownership until the goods are sold or person is transferred. This may be done for shipping, transfer of prisoners, to auction, or for sale in a store Consignment the act of consigning, which is...
s. However, it is important to remember that multimodal transport is not equivalent to container transport
Containerization
Containerization is a system of freight transport based on a range of steel intermodal containers...
; multimodal transport is feasible without any form of container. The MTO works on behalf of the supplier; it assures the supplier (and the buyer) that their goods will be effectively managed and supplied.
Research
Multimodal transport research is being conducted across a wide range of government, commercial and academic centers. The Research and Innovative Technology AdministrationResearch and Innovative Technology Administration
The Research and Innovative Technology Administration is a unit of the United States Department of Transportation . It was created in 2005 to advance transportation science, technology, and analysis, and to improve the coordination of transportation research within the Department and throughout...
(RITA) within the U.S. Department of Transportation (USDOT) chairs an inter-agency Research, Development and Technology (RD&T) Planning Team. The University Transportation Center (UTC) program, which consists of more than 100 universities nationwide conducts multi-modal research and education programs.
Legal aspects
From a legal standpoint, multimodal transport creates several problems. Unimodal transports are currently governed by different, often-mandatory international conventions. These conventions stipulate different bases for liability, and different limitations of liability for the carrier. As of 2011, the solution to this problem has been the so-called network principle. According to the network principle, the different conventions coexist unchanged; the carrier’s liability is defined according to where the breach of contractBreach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
has occurred (where the goods have been damaged during transport, for example). However, problems arise if the breach of contract is systemic (not localized).
Further reading
- De Wit, Ralph, Multimodal transport: carrier liability and documentation. Lloyd’s of London Press, 1995.