Article 40, paragraph 7 of the Turkish Road Transport Regulation places two duties on holders of C2, C3, K1, K3, L1, L2, N1, N2, R1 and R2 permits: to undertake a reasonable transport and delivery period between the collection and delivery points, and then to get the goods to the consignee within that period. A breach carries 5 warning points. The regulation gives no number of hours; the period follows from the legs of the route, the transfers and the consignee's acceptance hours.
C1 and K2 permits cover private carriage, that is, carrying one's own goods. For those holders, a delivery period promised to a customer arises only from their own contract.
When the contract sets no period
Where the contract sets no period, Article 873 of the Turkish Commercial Code applies: the carrier delivers within a reasonable time that a careful carrier would be allowed under the circumstances. For delay, Article 875 makes the carrier liable for any loss, and the freight is reduced in proportion to the delay even where no loss occurs. The reduction does not apply if the carrier proves it took every due care.
| Provision | What it requires | Consequence |
|---|---|---|
| Regulation Art. 40/7 | Undertaking a reasonable period and keeping to it | 5 warning points |
| Regulation Art. 40/12 | An obstacle that makes the wait longer than one times the time still needed to reach the destination | The trip is completed by another route or, if that is not possible, the goods are brought back to the point of departure; no extra charge may be claimed; 5 warning points |
| TCC Art. 874/1 | Goods not delivered within 20 days after the transport period | The right holder may treat the goods as lost |
| TCC Art. 875/3 | Delay | Freight reduced in proportion to the delay, unless the carrier proves due care |
| TCC Art. 882/3 | Liability for exceeding the transport period | Capped at three times the freight charge |
| TCC Art. 889/3 | Notice of delay after delivery | If the consignee does not give notice within 21 days of delivery, its rights from the delay lapse |
Worked example
The figures are invented, to show the logic only: one trip from a depot to a store. The last leg takes 4 hours, the transfer 1 hour, and 2 hours are allowed for the consignee's receiving window. The period to undertake starts from 4 + 1 + 2 = 7 hours. If an obstacle on the last leg causes a 5-hour wait, then with 4 hours still needed to reach the destination, 5 > 4 and Article 40/12 applies: the trip must be completed by another route or the goods must be brought back.
Cold load: the upper limit comes from the equipment. The period undertaken cannot exceed the time the equipment can keep the cold. GEBHARDT holds the cold chain for up to 24 hours with Isotec TBX containers using eutectic plates or dry ice. Eutectic plates are chosen with a melting point of -3, -14, -18 or -21 °C, and the recommended freezing point is at least 5 °C below the melting point. The 24-hour figure is an upper limit that depends on the load quantity, the number of plates and the outside temperature. For a holding calculation on a specific route, ask Aris Makina.
How time and equipment are planned together is gathered under carrying ready meals.
Before a period goes into the contract, put two figures side by side: the total of the route and the holding time of the equipment. If the route total is longer than the holding time, the route is rebuilt before the period is written down.
