Transport Law

The liability regime for loss or damage to goods is strictly regulated by both the Civil Code and international conventions such as the CMR for road transport and the Montreal Convention for air transport. These regulations establish the principle that the carrier is liable for damage for the entire period during which the goods are in its custody, and this liability continues from the time of receipt until delivery.

Liability is excluded if it can be proven that the event was caused by circumstances beyond the carrier’s control, such as fortuitous events, force majeure, inherent defects in the goods or instructions given by the consignor. The legal assessment of the case requires an analytical evaluation of the causal link and the applicable limits of compensation, as well as compliance with the strict limitation and prescription periods for bringing legal action. The rules protect the smooth operation of trade by providing the various players in the supply chain with means of redress or defence: from the owner of the goods to the freight forwarder and the carrier itself.

The delay in the return of the goods constitutes a breach of contract whose legal significance is demonstrated when the carrier fails to comply with the agreed deadlines or, in the absence of an agreement, the standard deadlines that can be inferred from the practices in the sector and from professional diligence. This situation can cause significant economic damage, linked to the loss of commercial opportunities or the suspension of the recipient’s production activities.

The determination of the compensable damage is subject to specific regulatory criteria that distinguish between the actual loss and the loss of profit, often limiting the amount of compensation within the limits set by international conventions (such as the CMR), except in cases of the carrier’s intent or gross negligence. The assessment of liability requires a rigorous analysis of the contractual clauses, the reservations made at the time of delivery and the documentary evidence supporting the damage suffered. The resolution of these disputes is structured through formal complaints and recourse to negotiation procedures aimed at restoring the contractual balance.

The law provides for quantitative limits to the carrier’s liability, aimed at balancing the interests of the consignor with the need for predictability of business risks.

For national land transport, Article 1696 of the Italian Civil Code sets the limit of compensation at 1 euro per kilogram of gross weight of lost or damaged goods; in international road transport, the CMR Convention raises this limit to 8.33 SDR (Special Drawing Rights) per kilogram. In air transport, the limits provided for by the Montreal Convention apply, while for sea transport the limits of the Code of Navigation and of the international conventions on the matter are valid.

These limits do not apply in cases of gross negligence or serious fault on the part of the carrier or its auxiliaries. When the damage is caused by seriously negligent or intentional behaviour, liability becomes unlimited and compensation may cover the entire prejudice suffered. The distinction between ordinary and aggravated liability allows for a correct assessment of risks and for the setting of appropriate contractual strategies at every stage of transport.

The Transport Regulatory Authority (ART) is an independent public body established by Decree-Law No 201 of 6 December 2011, converted into Law No 214 of 22 December 2011. Its mission is to ensure the regulation, supervision and promotion of competition in the transport sector and access to the related infrastructure, including rail, port, airport and road services. The ART is responsible for defining the quality levels of transport services and the minimum content of users’ rights vis-à-vis operators. 

The contribution for the operation of the ART is compulsory for all undertakings operating in the transport and navigation sector which exceed certain turnover thresholds, established by annual ART resolutions.

The contribution is determined as a percentage of turnover from regulated activities, with possible minimum exemption thresholds for micro-enterprises or operators with small-scale activities. Payment must be made in accordance with the procedures and deadlines set by ART.

Multimodal transport involves the integration of multiple modes of transport (road, rail, sea, or air). Unlike traditional transport, in which each segment is governed by a separate contract, multimodal transport places overall responsibility on the principal carrier for the entire logistics chain. This enables more efficient management but requires careful attention to risk planning and to the allocation of responsibilities among the sub-carriers involved.

Liability is generally attributed to the principal carrier, who is liable to the consignor for the entire journey, even when delivery is entrusted to sub-carriers. However, the contract may provide for specific limitations of liability arising from force majeure, acts of third parties, or risks inherent in transport. The applicable international regulations (for example, the CMR Convention for road transport, Incoterms rules, or maritime conventions) supplement the legal framework by defining obligations, compensation limits, and procedures for filing damage claims.

Prevention requires detailed contracts that precisely define the roles, obligations, and responsibilities of carriers and sub-carriers. It is essential to put in place insurance policies that cover all modes of transport, document every stage of the transfer of goods, and implement tracking and reporting systems. Legal assistance can support the drafting of clauses that harmonize national and international regulations, significantly reducing the risk of disputes.

The ADR regulates the transport of hazardous substances that may pose a risk to people, property, or the environment. This includes explosive, flammable, toxic, corrosive, radioactive goods, or combinations thereof in specific classes. The operator must correctly classify the goods, use certified packaging, apply compliant labeling, and follow storage and transport procedures according to ADR technical instructions, under penalty of administrative and criminal sanctions.

The operator is liable civilly, criminally, and administratively for violations of ADR regulations. This includes responsibility for accidents causing harm to people, property, or the environment, omissions in staff training, lack of suitable equipment, or incorrect management of transport documentation. Compliance with ADR regulations not only protects against legal liability but also ensures operational continuity and safety throughout the entire logistics chain.

Companies must implement comprehensive compliance programs: mandatory training for drivers and staff, periodic audits of vehicles and operational procedures, verification of contracts with subcontractors, and the implementation of digital document systems for traceability. Legal assistance can support the drafting of contracts and company protocols that integrate regulatory obligations, responsibilities, insurance coverage, and emergency procedures.

The carrier's liability arises when passenger harm results from failure to comply with safety regulations, negligence in service management, or defects in the vehicles. This includes onboard injuries, damage during boarding or disembarking, or situations where the service provided does not meet contractual or regulatory standards. The assessment of liability takes into account both the applicable laws and the contractual terms agreed upon by the parties.

Material and personal damages suffered by passengers can be compensated, including accidents, injuries, and loss or damage to personal belongings. The law provides that compensation covers both direct damage and, in certain circumstances, consequential damages, according to criteria proportional to the carrier's liability and the contractual conditions.

The passenger can seek redress for any harm suffered by submitting formal complaints to the carrier or by resorting to conciliation procedures with the relevant authorities. In the absence of an out-of-court settlement, it is possible to proceed judicially to determine the carrier's liability and to quantify compensation, based on documentation evidencing the damage.