When a freight forwarder assumes the rights and obligations of a carrier

Below, we explain this step by step – without heavy legal jargon, but in full compliance with transport law.

Transport law – carrier’s liability

Transport law clearly defines carrier’s liability: the carrier is responsible for the cargo from the moment it is received until it is delivered to the consignee. If the goods are damaged, lost, or delayed during transport – the carrier bears the consequences.

What’s important – this liability is presumed. That means if something happens, the carrier must prove they were not at fault. In practice, this is difficult, because exceptions are strictly defined under Polish law (the Transport Law Act) and international regulations (the CMR Convention).
That’s why carriers must protect themselves with carrier’s liability insurance (OCP), though insurance does not always cover the full risk.

Carrier’s obligations in road transport

A carrier’s duties go far beyond simply moving goods from point A to point B. They also include:

• Vehicle condition control – the carrier is liable if the truck is unfit for use and causes damage,
• Cargo securing – improper load securing by the driver falls on the carrier,
• Knowledge of international regulations – such as ADR for dangerous goods or phytosanitary rules for food and plants,
• Proper documentation – from the consignment note to delivery confirmations and customs papers.

In short: the carrier assumes full operational and legal responsibility for the transport, and any negligence can lead to claims from the client.

What is the carrier liable for?

In essence – the cargo, from receipt to delivery. In practice this means:

• If goods disappear from the vehicle during a stop – the carrier is liable, even if it was due to theft,
• If the cargo is damaged during loading/unloading by the driver – the carrier is liable,
• If delivery is late and causes real losses to the consignee – the carrier is liable for consequential damages.

The only defense is to prove so-called exonerating circumstances, which release the carrier from liability.

When is a carrier released from the duty to carry?

The law provides several exceptions:

• Force majeure – e.g., natural disaster, war, border blockade,
• Fault of the sender – incorrect information in documents, poorly packed goods,
• Special nature of the goods – e.g., fruit spoilage unrelated to transport conditions.

It’s worth noting that theft or vandalism is rarely treated as force majeure. Courts usually rule that carriers must organize transport to minimize such risks.

Freight forwarder’s rights and obligations

The rights and obligations of a freight forwarder differ fundamentally from those of a carrier. The forwarder doesn’t transport goods but organizes the transport. Their tasks include:

• Choosing the most suitable carrier,
• Negotiating freight rates,
• Concluding a transport contract on behalf of the client,
• Checking transport documentation,
• Handling cargo insurance,
• Sometimes additional services like warehousing or customs clearance.

So, the freight forwarder is responsible not for the transport itself, but for the proper execution of organizational tasks. If they select an unreliable carrier who fails, the client may file claims directly against the forwarder.

Scope of responsibilities of an international freight forwarder

The scope of duties of an international forwarder is even broader than that of a domestic one. In international transport, the forwarder often becomes the “all-round coordinator” – they must know the laws of multiple jurisdictions and handle customs, sanitary, and sometimes tax matters. Typical tasks include:

• Preparing and verifying export and import documents,
• Organizing customs clearance,
• Coordinating multimodal transport (e.g., road + rail + sea),
• Managing delivery deadlines in complex supply chains.

Often, an international forwarder works in a “door-to-door” model, which involves taking on greater responsibility.

Freight forwarder’s liability for the carrier

Here we get to the core. The freight forwarder’s liability for the carrier arises when the forwarder actually acts as a contractual carrier. This happens when:

• The forwarder signs the CMR consignment note as the carrier,
• Issues their own invoice for transport (not just for forwarding services),
• Does not disclose to the client that the actual transport will be performed by someone else.

In such cases, it doesn’t matter to the client who physically drives the truck – the forwarder assumes full liability. That means they are responsible just like a carrier: for damage to goods, delays, and any losses.

Summary

• What is the carrier liable for? – for the goods, from receipt to delivery.
• When is the carrier released from the duty to transport? – in exceptional cases (force majeure, sender’s fault, nature of the goods).
• What are the rights and obligations of the freight forwarder? – organizing transport, choosing the carrier, handling documents, insurance.
• Scope of duties of an international forwarder – additionally customs, multimodal transport, international coordination.
• When does the forwarder assume carrier’s rights and obligations? – when acting as a contractual carrier and signing transport documents.
• Forwarder’s liability for the carrier – full, the same as the actual carrier.

That’s why both carriers and freight forwarders must carefully analyze contracts and know exactly when their role shifts. The line between “I organize transport” and “I am liable for transport” may seem thin, but the financial consequences can be enormous.