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Under the CMR Convention (Article 20), cargo is treated as lost if it has not been delivered within 30 days of the agreed delivery deadline, or, where no deadline was agreed, within 60 days of the goods being taken over for carriage. Only after that point may the claimant demand compensation as if the goods were gone for good.
Why the moment of loss matters
While a consignment is merely delayed, the claimant may pursue loss caused by the delay, but not the full value of the goods. The CMR Convention deliberately separates these two situations. Without a fixed threshold, carrier and principal could argue endlessly over whether the load is still moving or already gone. Article 20 removes that uncertainty and gives a date from which the matter can be closed financially.
The stakes are real. If you are waiting on goods worth tens of thousands, every week of delay is frozen capital, stalled production and a customer losing patience. Knowing the cut-off date lets you plan a claim instead of hoping the consignment turns up.
Two deadlines: 30 days and 60 days
The Convention distinguishes two cases, depending on whether the parties agreed a delivery deadline in the contract or the consignment note.
| Situation | Clock starts | Deemed lost after |
|---|---|---|
| Delivery deadline agreed | Expiry of the agreed deadline | 30 days |
| No delivery deadline agreed | Taking over of the goods | 60 days |
In practice this is why you should agree a delivery deadline in writing. Without one the clock only starts when the goods are taken over for carriage, and you must wait a full 60 days before the law lets you treat the cargo as lost. With the short delivery deadlines typical of road transport the agreed-deadline threshold usually falls earlier; in general the moment that counts is whichever comes first, the agreed deadline plus 30 days or taking over plus 60 days.
What does to do before the deadline run?
Do not wait passively until day 30 or 60. The window before formal loss is time to act, and action often ends with the consignment found or the evidence secured.
- Establish in writing the last confirmed location and date the vehicle stopped and the reason the route was interrupted.
- Keep the CMR consignment note, the order, all correspondence and any photographs. These decide the claim.
- Notify the insurer (carrier liability or cargo) as early as possible.
- If the cargo is physically stuck rather than missing, check whether it can be recovered. We cover this in our piece on the recovery of abandoned or stranded cargo abroad.
Loss versus partial loss and damage
Article 20 concerns the total loss of a consignment. If the goods arrive but are damaged or some items are missing, that is not a case of loss but of damage, governed by different rules and different reservation deadlines. We explain how to document such damage in the guide on how to report and document cargo damage in transit. Confusing the two scenarios can cost you the claim, because the deadlines for reservations are short.
How much compensation for lost cargo
Once loss is established, the claimant pursues compensation calculated in principle by the value of the goods at the place and time they were taken over. The CMR Convention, however, caps carrier liability by a weight limit (8.33 SDR per kilogram of missing gross weight), unless a higher value or a special interest in delivery was declared. That is why, for goods of high unit value, the Convention alone often fails to cover the full loss and separate cargo insurance is needed.
Limitation: do not sleep on the claim
The right to compensation must be exercised in time. Claims under the CMR Convention are as a rule time-barred after one year (three years in cases of wilful misconduct or equivalent default), and the period in a total loss runs as the Convention specifies. We cover the detail and the traps in our text on CMR claim time limits. Delay can mean that even a well-founded claim lapses.
Source and legal basis
The basis is the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva in 1956. The moment of loss is governed by its Article 20, and the amount of compensation by Articles 23 and following. The 8.33 SDR per kilogram liability limit, however, does not come from the original 1956 text but from the 1978 Protocol to the CMR Convention (ratified among others by Poland, Germany and the United Kingdom). The text is publicly available, among others in the UN treaty database (treaties.un.org). In any dispute always refer to the wording of the Convention and the binding translation.
If your cargo has stalled on an international route and you are unsure whether it is already a loss or still a delay, describe the situation through our contact form. We have run PL-UK carriage since 2011, run our own customs agencies in Poland and the UK, and give one dedicated contact per job to map out your next steps.
Step by step
- Deadline verification. You check the transport paperwork to see if a fixed delivery date was agreed.
- Delay calculation. You count the required duration of delay from the target date or pickup moment.
- Authority confirmation. You verify that you hold claimant status to process compensation demands.
- Documentation assembly. You collect all records proving the consignment was not delivered in time.
- Claim submission. You issue the formal compensation claim directly to the transport provider.
Definitions
- CMR Convention (Convention on the Contract for the International Carriage of Goods by Road): An international treaty governing rights and responsibilities in road freight.
- Legal fiction of loss: A legal concept enabling goods to be treated as lost after a defined period of delay.
- Claimant: The party holding the authority to dispose of the consignment under the transport document.
- CMR consignment note: The primary document verifying the contract of carriage and receipt of goods.
The OTSL role
At OTSL, we manage international freight workflows to limit transit disruptions and safeguard shipment visibility. We arrange reliable services including road transport (FTL) and provide support for urgent cargo schedules as discussed in our guide on time-critical deliveries.
