Thailand Law Library

by Thailand Lawyer

A carrier, within the meaning of this Title, is a person who in the usual course of business undertakes to transport goods or passengers for remuneration.

The carriage of goods or passengers by the Royal State Railways Department of Siam or of postal articles by the Post and Telegraph Department are governed by the Laws and Regulations concerning such Department. The carriage of goods by sea is governed by the Laws and Regulations relating thereto.

CHAPTER 1: Carriage of Goods (Trucker)

The person making an agreement with a carrier for the transportation of goods is called the sender or consignor. The person whom the goods are forwarded is called the consignee. The remuneration to be paid for the transportation of the goods is called the freight.

The accessories of the freight comprise any customary expenses duly incurred by the carrier in course of transportation.

If required by the carrier, the sender must supply him with a way-bill. The way-bill must show the following particulars:

1. The nature of the goods sent, their weight or bulk and the nature, number and marking of the packages
2. The place of destination
3. The name or trade-name and address of the consignee
4. The place where and time when the way-bill is made out
5. The way-bill must be signed by the sender.

If required by the sender, the carrier must supply him with a consignment note. The consignment note must show the following particulars:

1. Those mentioned in 612, subsections 1,2,and 3
2. The name or trade-name of the sender
3. The amount of freight
4. The place where and the time when the consignment note is made out
5. The consignment note must be signed by the carrier.

Even though a consignment note has been made out to a named person, it can be transferred by endorsement, unless the endorsement is forbidden in the consignment note.M

If a consignment note has been made, delivery can be obtained only on its surrender or on proper security being given by the consignee.

The carrier is liable for any loss, damage or delay in delivery of the goods entrusted to him, unless he proves that the loss, damage or delay is caused by force majeure or by the fault of the sender or consignee.

The carrier is liable for loss, damage or delay caused by the fault of the other carries or persons to whom he entrusted the goods.

If the goods were transported by several carriers, they are jointly liable for loss, damage or delay.

If the goods are of a dangerous nature or are likely to cause injury to persons or property, the sender must declare their nature before making the contract of carriage, failing which he shall be liable for any injury caused by them.

The carrier is not liable for specie, currency notes, bank notes, bills, bonds, shares, debentures, warrants, jewels, and other valuables, unless he is given notice of the value or nature of such goods when they are delivered to him. If their value is declared, the liability of the carrier is limited to such declared value.

Compensation in case of delay in delivery cannot exceed the amount which could be awarded in case of total loss of goods.

The carrier must notify the consignee as soon as the goods arrive.

If the goods were transported by several carriers, the last of them can exercise the rights described in Section 630, 631, 632 for the amounts due to them all for freight and accessories.