About 200 stranded truck drivers have been allowed to cross the Iranian border.
Traffic for heavy trucks, including those from Dagestan, across the Iranian-Azerbaijani border has resumed as normal, the Association of Automobile Carriers reported. A truck's forced idling at the border allows the carrier to avoid liability for cargo damage, the lawyer noted.
As reported by the "Caucasian Knot," Dagestani truckers complained that truck drivers are stuck at the Iranian border and unable to leave, while money and fuel are running low. On the evening of March 6, it was announced that traffic through the Astara border crossing on the Iranian-Azerbaijani border had resumed. According to the Dagestan Ministry of Transport, several hundred heavy-duty trucks had accumulated at the border by the evening of March 6, a significant portion of which belonged to Dagestani carriers. Makamagomed Khazhabagandov, head of the Dagestani public organization "Association of Automobile Carriers," told the "Caucasian Knot" on the afternoon of March 6 that approximately 150 heavy-duty trucks were parked on the Azerbaijani side of the border, including approximately 50 from Dagestan. "Half of them were loaded, the rest were empty, en route to pick up goods. On the Iranian side, there are about 800 loaded trucks, plus another 200 empty ones," he said.
About 200 heavy-duty trucks crossed the Iranian border
Cross-border crossing between Iran and Azerbaijan opened on the evening of March 6, and heavy-duty trucks began to be cleared, Makamagomed Khazhabagandov confirmed today to a "Caucasian Knot" correspondent.
Vehicle clearance is proceeding as usual
"Customs clearance and vehicle clearance are proceeding as usual." As of the morning of March 7, according to information we received, approximately 200 vehicles—both Russian and Azerbaijani—had crossed the Iranian-Azerbaijani border," he said.
Regarding the issue of compensation for possible damage to perishable goods in the vehicles, he added that this is a force majeure circumstance related to military operations in Iran. In this situation, each driver will deal with their shipper separately, the head of the public organization explained.
On March 6, Makamagomed Khazhabagandov noted that mainly fruits and vegetables are transported from Iran to Russia in heavy-duty trucks. Due to prolonged downtime, products may spoil, resulting in significant losses due to force majeure, he noted.
A lawyer explained how a carrier should act if products spoil due to downtime at the border
According to the Russian Civil Code, liability to the owner of the cargo—usually a commercial company—lies with the carrier, lawyer Ali Aliyev told a "Caucasian Knot" correspondent today.
The carrier is exempt from liability, according to Article 796 of the Russian Civil Code, if it proves that the loss or damage to the cargo occurred as a result of circumstances that the carrier could not prevent and the elimination of which was beyond its control, the lawyer noted.
"The carrier is responsible for the failure to preserve the cargo" or baggage that occurred after its acceptance for carriage and before delivery to the consignee, their authorized person, or a person authorized to receive the baggage, unless they prove that the loss, shortage, or damage (spoilage) of the cargo or baggage occurred as a result of circumstances that the carrier could not prevent and the elimination of which was beyond their control,” states Part 1 of Article 796 (“Carrier’s Liability for Loss, Shortage, and Damage (Spoilage) of Cargo or Baggage”) of the Civil Code of the Russian Federation.
The carrier must present official documents confirming the border closure.
“Temporary border closure by decision of state authorities falls under such circumstances, since the carrier could neither foresee, nor prevent, nor influence it. In this case, as proof, the carrier must present official documents from border or customs authorities confirming the border closure, "Photo and video recording of the backed-up trucks, indicating dates on a calendar or clock. News reports about border closures can be provided," said Ali Aliyev.
He added that it is important to document how the vehicle's refrigeration equipment operated during the downtime. This will be helpful in cases where, when transporting perishable goods, it is necessary to provide evidence that all measures were taken to preserve the cargo. Furthermore, it is necessary to promptly notify the cargo owner of the situation and work with them to find a solution.
The statute of limitations is one year.
"If the cargo owner files a claim against the carrier, the carrier may refuse, attaching all collected evidence of force majeure." "The statute of limitations for claims arising from the transportation of cargo is one year," the lawyer said.
As a reminder, on February 28, Israel and the United States began striking Iran. Donald Trump announced the start of a large-scale military operation. In response, Iran began shelling Israel, American military facilities, and civilian targets in the Middle East, according to the Caucasian Knot report "Key Issues in the Impact of the Military Conflict with Iran on the Caucasus."
Due to the fighting, bus routes through Iran between Baku and the Nakhchivan Autonomous Republic have been suspended. The Azerbaijani Foreign Ministry recommended citizens to refrain from visiting Iran and Israel. By the morning of March 2, more than 600 people, including 125 Russian citizens, had been evacuated from Iran to Azerbaijan. On March 3, more than 400 people were evacuated from Iran to Azerbaijan, including two groups of Russian citizens. One group of Russian citizens departed from Lankaran Airport to Moscow on an Emergencies Ministry plane. Caucasian Knot has compiled materials on the impact of military operations in Iran on the Caucasus on the thematic page "Iran: War is Near".