Haulage Agreement Template for England and Wales
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What is a Haulage Agreement?
Haulage Agreements are widely used in the United Kingdom by manufacturers, retailers and distributors that need regular road movements. The haulier must hold an operator's licence, and drivers' hours, tachograph and vehicle maintenance obligations apply as a matter of law regardless of what the contract says. Liability for international movements is governed by the CMR Convention, while domestic work is frequently performed on Road Haulage Association conditions, which limit liability by weight and require prompt notification of claims.
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Frequently Asked Questions
Does the haulier need an operator's licence?
Yes, for goods vehicles above the relevant weight. The licence depends on good repute, financial standing and professional competence, and losing it stops performance entirely, so the agreement should require it to be maintained and any risk to it notified.
Can we set delivery windows that require long driving days?
Not if meeting them would breach drivers' hours rules. Those duties apply regardless of what the contract says, so a schedule achievable only unlawfully creates both a breach and a regulatory exposure for the operator.
What liability applies to domestic haulage?
Often the haulier's standard trading conditions, which limit liability by weight of the goods. For international movements the CMR Convention applies compulsorily. Either way, recovery is usually well below the value of a high value load.
Should we allow subcontracting to other hauliers?
Control it. Unrestricted subcontracting can put your goods with a carrier you never approved and complicate any claim. Many agreements require prior written consent, or permit subcontracting only to an approved list carrying the same insurance and standards.
What happens if the customer does not pay?
The haulier may have a contractual lien over the goods, allowing it to retain them until charges are paid, plus a statutory right to interest on late payment. A lien is a powerful remedy, so its scope should be drafted precisely.
About the Haulage Agreement
A Haulage Agreement sets the standing terms for a continuing road transport relationship, so that individual movements run on agreed rates, service levels and liability terms rather than being negotiated each time. Under England and Wales law the haulier's licensing and drivers' hours obligations sit on top of whatever the contract provides.
When do you need this document?
You need a Haulage Agreement when road movements are regular rather than occasional: a manufacturer moving output to distribution centres, a retailer running scheduled store deliveries, a distributor using a dedicated fleet or a defined set of hauliers, or a haulier wanting its rates, surcharges and liability limits to apply consistently across a customer's work.
What does it cover?
The agreement fixes rates and the mechanism for changing them, which in practice means the fuel surcharge and the rate review, and sets the service levels, delivery windows and vehicle standards that define acceptable performance. It requires the haulier to hold and maintain its operator's licence and to comply with drivers' hours and maintenance duties, and controls whether and on what terms work may be passed to subcontracted carriers. It states the liability regime with its limits, the notification and time bar provisions that decide claims, and the insurance each party carries. It also settles which document prevails where a consignment note conflicts with the agreement.
Common pitfalls
The commonest failure is a schedule that cannot lawfully be met. Delivery windows built on the assumption that a driver will exceed permitted hours create a contract that is breached either way, and they are a regulatory exposure for the operator. The second is silence on precedence, so the customer believes the agreement's liability terms apply while the haulier relies on standard conditions printed on the consignment note. The third is unrestricted subcontracting, which can leave the customer with a claim against a party it never approved and no practical recourse against the haulier it chose.
GOVERNING LAW
Applicable law
This Haulage Agreement is drafted to comply with England and Wales law. Key legislation includes:
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