THE LEGAL REGIME FOR TRANSPORTATION OF GOODS BY

THE LEGAL REGIME FOR TRANSPORTATION OF GOODS BY ROAD BY J. M. Y AMEGASHIE FCILT

INTRODUCTION � NATURE, CHARACTERISTICS AND FUNCTION OF TRANSPORT � ROAD TRANSPORT � THE EVOLUTION OF REGULATION OF TRANSPORT v THE 17 TH CENTURY IN LONDON v UNITED STATES OF AMERICA v MUNN V ILLINOIS (1877) 94 US 113

INTERNATIONAL CONVENTION � ORIGIN AND PURPOSE OF INTERNATIONAL CONVENTIONS � INTERNATIONAL CARRIAGE OF GOODS BY RAIL � WARSAW CONVENTION � HAGUE RULES � HAMBURG RULES

DEFINITION OF GOODS � SALE OF GOODS ACT, 1962, ACT 132 � ENGLISH LAW-SALE OF GOODS ACT 1979. SECTION 61 (1)

CONVENTION ON THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD-CMR � � � ORIGIN AND PREAMBLE OF THE CMR WHO IS A CARRIER - ULSTER-SWIFT V TAUNTON MEAT HAULAGE [1977] 1 Ll. OYD'S REP 346 NON – CMR JOURNEYS DOCUMENTATION – THE CONSIGNMENT NOTE CONTENTS OF THE CONSIGNMENT NOTES FOR OWN-ACCOUNT CARRIAGE BY ROAD

LIABILITY OF THE CARRIER � CIRCUMSTANCES UNDER WHICH CARRIER IS NOT LIABLE � DELAY AND LOSS OF GOODS � LIMITATION TO THE AMOUNT OF DAMAGES � TIME LIMIT FOR CLAIMS � JURISDICTION

CONVENTION ON INTER-STATE ROAD TRANSIT OF GOODS � SCOPE OF CONVENTION � CONDITIONS FOR GOODS IN TRANSIT � NOTICE OF PASSAGE � OBLIGATIONS OF THE PRINCIPAL OBLIGEE � MEANS OF TRANSPORT � WHAT A CARRIER IS REQUIRED TO DO IN THE EVENT A SEALING IS DAMAGED � ROLE OF CUSTOMS ADMINISTARTION

CARRIAGE OF DANGEROUS GOODS BY ROAD � � � � DEFINITION OF DANGEROUS GOODS NEED TO REGULATE REQUIREMENTS FOR CARRIAGE OF DANGEROUS GOODS INFORMATION ON LOAD CLASSIFICATION OF DANGEROUS GOODS DOCUMENTATION TO BE CARRIED BY THE DRIVER WHO PERFORMS WHICH TASK v v v � � THE SUPPER THE CARRIER THE DRIVER SECTION 85 OF THE ROAD TRAFFIC ACT, ACT 2004, ACT 683 POWERS OF THE COURT

AN OVERVIEW OF EXISTING SITUATION IN GHANA � ROAD TRAFFIC ACT � ROAD TRAFFIC REGULATIONS � SECTION 84 OF THE ROAD TRAFFIC ACT � REGULATION 192 OF THE ROAD TRAFFIC REGULATIONS

CHALLENGES � DOMESTICATION OF CONVENTIONS INTO NATIONAL LAWS AND � DEVELOPMENT OF APPROPRIATE LEGISLATIVE INSTRUMENTS � THREATS ASSOCIATED WITH THE TRANSPORTATION OF HAZARDOUS GOODS AS A RESULT OF GAS AND OIL FIND � LONGER TIME PERIOD TO FORMULATE, DEVELOP AND ENACT LAWS, REGULATIONS AND LEGISLATIVE INSTRUMENT. � LACK OF CAPACITY AND EXPERTISE OF OPERATORS & MANAGERS OF THE ROAD TRANSPORT SYSTEM � LACK OF INFORMATON DISSEMINATION ON LAWS & REGULATIONS � LACK OF ENGAGEMENT OF JUDICIARY IN THE DEVELOPMET OF LAWS, REGULATIONS AND LEGISLATIVE INSTRUMENTS � ABSENT OF REGULATORY PROVISIONS WITH REGARD TO TRANSPORTATION OF AGRICULTURAL PRODUCE AND LIVE STOCK BY ROAD REGULATIONS

RECOMMENDATIONS � ENACTMENT OF NECESSARY REGULATIONS AND LEGISLATIVE INSTRUMENTS � DISSEMINATION, PUBLICITY AND EDUCATION � ENCOURAGE, DEVELOP STANDARDS FOR COMPLIANCE BY FLEET OPERATORS WHO TRANSPORT GOODS BY ROAD � A COMPREHENSIVE LEGISLATIVE INSTRUMENT MUST BE DEVELOPED ON TRANSPORTATION OF HAZARDOUS MATERIALS

THANK YOU.