A unit may have run, yet a claim file can still need separate records of load-equipment fit, maintenance history and trip use.
Article 878(4) of Turkey's Commercial Code addresses equipment choice, maintenance, use and instructions where special protection was undertaken. Liability in a particular case depends on the facts and contract.
Separate the evidence file
Check the relevant Commercial Code provisions for domestic carriage and CMR scope for international carriage; do not assume the regimes are identical.
| Heading | Evidence to collect |
|---|---|
| Choice | Load, specification and equipment match |
| Maintenance | Service and inspection history |
| Use | Trip records and event notes |
| Instructions | Contract and dispatch record |
A record gap is one factor in an assessment; it does not alone decide fault or liability.
Choice: load and specification
Match contractual temperature/protection commitments with product requirements, equipment identity and current class documentation.
For a rental or vehicle swap, file the equipment identity on the trip date and its associated approval records.
The choice column is filled in long before any claim letter, and our page on when a refrigerated vehicle is necessary works through it load by load.
Maintenance and use: separate timelines
Add service, fault and post-impact checks to the maintenance timeline; verify applicable inspection requirements through current rules and technical procedures.
Keep recorder ID, calibration/verification record, trip chart and delivery or door events with timestamps in the use file.
Where CMR applies, review its Articles 17 to 18 on special risks and proof for the specific carriage.
When equipment or use changes, update the risk assessment; determine qualification or verification needs for the product and site.
If a fault occurs, preserve product and data; record the deviation, action taken and authorized decision in one event file.
