Freight law
CMR and the transport contract

Weighbridge ticket and axle load in cross-border road freight: wrong weight entry, overloading and additional costs

Wrong weight entry in a CMR consignment note: weighbridge ticket, axle load, overloading, sender responsibility under Article 7 CMR and key records.

BRANDAUER Rechtsanwälte
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Mag. Bernhard Brandauer, Austrian attorney-at-law

BRANDAUER Rechtsanwälte

Mag. Bernhard Brandauer assists with the legal assessment of transport contracts, cargo damage and freight claims.

7 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law

A wrong weight entry in a CMR consignment note can trigger additional costs and a dispute about overloading. An initial review should bring together the consignment note, weighbridge ticket, packing list, loading process and actual load distribution. The consignment note alone proves neither the actual weight nor the personal responsibility of every person involved.

Article 6(1)(h) CMR lists the gross weight or another expression of quantity as a consignment-note particular. Under Article 7(1) CMR, the sender is responsible to the carrier for expenses, loss and damage resulting from inaccurate or inadequate particulars. The discrepancy, the loss and the causal connection between them must be made comprehensible.

This article addresses weight particulars, weighbridge tickets, axle load and overloading in CMR carriage. Packaging defects, dangerous-goods declarations, misdelivery and delay liability are outside its scope. The consignment-note and documentation topic page explains the broader documentation context.

Quick check

What should be checked first when the weight is wrong or the vehicle is overloaded?

Classify whether the discrepancy concerns the weight entry, the actual load distribution or an unclear allocation of responsibility.

01 Question 1

Where is the discrepancy?

For an initial assessment, the consignment note, weighbridge ticket and actual loading condition must be considered together.

Result

Your orientation

01

The weight entry must be compared with its source and the actual loading condition.

Keep the consignment note, weighbridge ticket, packing list and order in the versions that were used. Record who determined or transmitted the weight and what specific discrepancy is said to have affected the carrier.

02

In an overload case, the actual load distribution and loading instructions are central.

Create a chronology of loading, weighing, reweighing and any transfer of the goods. Preserve information about load distribution, the vehicle and the instructions given. The CMR does not determine liability solely because the word “overload” is used.

03

The roles of sender, carrier and any forwarding or dispatch function must be reconstructed separately.

Assign the order, weight entry, loading, checks and instructions to the person or company that handled each step. Article 7 CMR links the sender’s responsibility to inaccurate or inadequate particulars and to expenses, loss or damage caused to the carrier.

Which weight entry the CMR consignment note requires

Article 6(1)(h) CMR lists the gross weight or another expression of quantity as a material consignment-note particular. The entry should describe the goods carried in a way that can be understood for the specific carriage. The useful unit or further breakdown depends on the goods, the order and the transport process.

A weighbridge ticket is important evidence of the time and result of a weighing. It does not automatically resolve whether it belongs to the correct shipment or whether its weight matches the consignment note. Where several lots, vehicles or reweighings are involved, the documents must be clearly linked to each event.

Under Article 9 CMR, the consignment note may provide prima facie evidence of the conclusion and conditions of the contract of carriage and of the carrier’s receipt of the goods. This is not an irrebuttable finding about weight. Weighbridge tickets, packing lists, loading records, photographs and messages about corrections therefore remain relevant.

When Article 7 CMR places responsibility on the sender

Article 7(1) CMR makes the sender responsible for expenses, loss and damage sustained by the carrier because particulars were inaccurate or inadequate. This includes the gross weight or another quantity entry under Article 6(1)(h) CMR. The rule does not turn every minor difference into an automatic payment obligation. The specific circumstances must be examined.

The review should identify the source of the weight, the time of the entry and whether it was inaccurate or inadequate for the shipment. The carrier must then explain the expenses or damage claimed. A general invoice without a clear connection to the weight discrepancy normally leaves the issue unresolved.

Article 7 CMR addresses the relationship between sender and carrier. The employee who entered data, the person who loaded goods or the dispatcher who arranged the journey is not automatically the sender in a personal capacity. The contract, authority, allocation of tasks and communications must be considered separately.

Axle load and overloading in the actual transport process

Overloading may concern the gross mass or the distribution of load over individual axles. The applicable load limit depends on the traffic rules, the vehicle and the specific route. The CMR does not provide a general table of permitted axle loads.

The first step in a liability assessment is therefore to establish what was actually loaded. Relevant material can include weighing records, reweighing, a loading plan, photographs, vehicle data and an official finding. A weight entered in the consignment note can differ from axle load where the goods were distributed unevenly. A higher gross mass does not by itself show which axle was overloaded.

The time of any correction also matters. A reweighing and transfer before departure is different from an overload first found during a roadside inspection. Preserve the sequence of weighings, the instructions about continuing the journey and every change to the load.

What the carrier should check and document

Article 8 CMR requires the carrier on taking over the goods to check the accuracy of the consignment-note statements about the number of packages and their marks and numbers. It also concerns the apparent condition of the goods and their packaging. A general duty to verify every weight entry by carrying out an independent weighing cannot be inferred without examining the circumstances.

This does not make obvious inconsistencies irrelevant. If the weighbridge ticket, packing list and order show materially different data or the load distribution appears unsafe, the carrier should raise the discrepancy and record the further instruction. Whether a separate technical check was appropriate depends on the carriage and the available means.

A reservation in the consignment note should describe the concrete uncertainty. “Weight not checked” says less than an entry explaining which scale, document or access was unavailable. The article on signatures and reservations explains why specific documentation matters.

How additional costs and loss should be evidenced

Where a weight difference is alleged, the carrier should explain its effect on the particular carriage. This might concern a required transfer of goods, an additional journey, an official objection or time during which the vehicle could not proceed. Whether a specific item is recoverable depends on the cause, the order, the contract and the evidence.

The evidence chain starts with the original entry and continues through the finding of the discrepancy to the claimed expense. It should include the weighing documents, time, place, vehicle, registration or shipment reference, persons involved and the instruction given. A general allegation of overloading does not show whether the cause was the entry, the loading or a later change in distribution.

Senders should record their data source and the handover time. Carriers should document checks, reservations and instructions. Forwarders and dispatchers should make clear whether they merely passed on a third party’s weight or confirmed it themselves. This distinction prevents an entire contract chain from being explained by one label.

Why Article 10 CMR is only addressed as a boundary here

Article 10 CMR concerns damage sustained by the carrier because of defective packaging. That provision must be distinguished from responsibility for an inaccurate weight entry. A dispute about weight or axle load does not become a packaging case merely because the goods were carried on pallets or in loading units.

The review should therefore identify whether the expense results from a wrong entry, a specific loading process, defective packaging or several causes. This article deals with weight and load issues. It does not provide a separate assessment of packaging defects under Article 10 CMR.

The distinction matters in practice because different facts must be collected. Weighbridge tickets, the consignment note and load distribution are central to weight. Packaging would require a separate assessment of condition, suitability and causal effect. Mixing the issues makes the evidence harder to evaluate.

Common errors involving weight and axle load

Treating the consignment note as the weighbridge ticket: The documents can have different functions. The key question is whether they can be linked to the same shipment and time.

Claiming overloading from gross mass alone: An axle-load issue requires a comprehensible finding about distribution and the vehicle concerned.

Treating Article 7 CMR as an automatic right to payment: The specific inaccuracy, the expense or loss and the causal link must be established.

Confusing the employee who acted with the sender: The contractual role, internal task and actual communication are separate questions.

Which records should be preserved now

First preserve the CMR consignment note, transport order, packing list and all weighing records. Add vehicle and shipment data, the loading plan, photographs, messages, reweighing records and any official findings. Keep original files from dispatch or weighing systems with their time information.

Then prepare a short chronology: when was the weight entry created, who transmitted it, when were the goods loaded or weighed and when was the discrepancy found? Record every transfer of the load, every instruction to continue and each cost item. This keeps proven facts separate from conclusions that still require review.

If the carrier and sender dispute additional costs, an official objection or a significant interruption, the complete transport file should be reviewed professionally. The CMR liability check offers initial orientation. It does not replace a review of the records and applicable traffic rules.

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FAQ

Weight entry, axle load and overloading under the CMR

Must the carrier always confirm the weight in the CMR consignment note by carrying out its own weighing? +

Article 6(1)(h) CMR lists the gross weight or another expression of quantity. Article 8 CMR expressly addresses packages, their marks and numbers and the apparent condition of the goods and packaging. Whether an independent weight check was required depends on the carriage, obvious inconsistencies and available means.

Who is responsible for a wrong weight entry? +

Article 7(1) CMR makes the sender responsible for expenses, loss and damage sustained by the carrier because of inaccurate or inadequate particulars. The particular entry, the expense claimed and the causal connection must be examined. The person who filled in a document at work is not automatically the sender personally.

Is a weighbridge ticket enough to prove overloading? +

A weighbridge ticket can evidence the time, place and result of weighing. The vehicle, shipment, load distribution, consignment note and subsequent events must also be established. For an axle-load issue, it is necessary to identify which axle or distribution was affected.

What should be recorded when additional costs result from overloading? +

Preserve the original weight entry, the weighing record, any reweighing, instructions about transfer or continuing the journey and the specific cost statement. The carrier should explain which item resulted from the discrepancy. A general invoice without a connection to the shipment and process leaves causation unclear.

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