Our transport law is not gathered in a single law in our legislation. Even the Turkish Commercial Code does not establish a single regulation for all areas of transport law in terms of Turkish law. In addition, since the transport law has an international character, it is necessary to apply separate international conventions for each type of transport. Therefore, when a transport law problem is encountered, it is essential to find out which rules will apply to the concrete case first.
Transportation law consists of domestic passenger transportation, international passenger transportation, domestic goods transportation and goods transportation abroad.
General Rules of Transportation Law
In the transportation law, especially the rules regarding the responsibility of the carrier are mandatory. Contractual provisions made contrary to these mandatory rules are invalid.
The transportation activity involves a great risk in essence. For this reason, the responsibility of the carrier must be limited in certain respects, otherwise the number of people to be engaged in will be reduced. Therefore, in order to protect the collective interests, the liability of the carrier has been limited and regulations have been made in this regard in various laws.
In the transport law, besides the contractual responsibility of the carrier, it is ensured that the auxiliary persons also benefit from the liability limitations and other special opportunities in favor of the carrier. Thus, it is prevented that more than the claims to be made against the carrier, which is the party of the contract, against third parties who have not entered into a contractual relationship. The rules of transport law have ensured that the subcarriers involved in the activity of the transport business are held liable to those involved in the cargo or to passengers in accordance with the rules of transport law.
In the historical process, the unique law of each type of transportation has developed. There is no general transport law regulating all land, sea, air and rail transport.
Highway Transports
International cargo transportation on land routes is regulated by the Convention, which is referred to as the "Contract for the International Transport of Goods by Road". This Convention is commonly referred to as the CMR.
In order to implement the CMR, there must be a freight transport contract between the parties. In the event that there is another contract between the parties other than the freight transport contract, the CMR provisions will not be applied. The transportation of some loads is excluded from the application area of CMR:
• Mail transports: International postal transportations are excluded from the scope of the CMR as they are specifically regulated in the International Postal Convention.
• Funeral Transports: Funeral transports are excluded from the application area of CMR.
• Transportation of Movable Goods: Household goods and office supplies should also be considered within the scope of exemption.
For the implementation of the CMR, the contract of carriage must be of international quality. The place where the cargo will be delivered to the carrier and the place to be delivered to the shipper must be within the borders of two separate states and at least one of these states must be a party to the convention.
The general legal regime of road transport in Turkey is essentially regulated in the Fourth Book of the Turkish Commercial Code (TCC) numbered 6102. Here, passenger transport and freight transport are mentioned. The second important law in this field is the Road Transport Law. This law covers the transportation of passengers and goods by motor vehicles on public roads, transporters, transport agents, transport business brokers, transport warehouse and cargo operators, transport workers and all kinds of vehicles, vehicles, equipment, structures and the like.
Maritime Transport
Shipments by sea within Turkey are essentially regulated in the "Maritime Trade" section of the Turkish Commercial Code. Another law that is important in maritime transportation is the Cabotage Law in short. With this law, doing profitable jobs in the territorial waters of the Republic of Turkey, especially transportation, is reserved for Turkish citizens as a rule. Foreign ships can only transport from a foreign port to a Turkish port or to a foreign port in a Turkish port.
Railway Transport
The Turkish Commercial Code stated that the provisions in the book "Transport Affairs" do not abolish the provisions regulating rail transport as the next law, without prejudice to the special provisions regarding sea, rail and air transport and mail transport (TCC 852/1). The legal regime of commercial activities in railways has entered a new era after the adoption of the Law on Liberalization of Railway Transport in Turkey enacted in 2013, leading to the private sector in railways. With this law, the General Directorate of Turkish State Railways was structured as a railway infrastructure operator; In addition, a company was established as a railway train operator under the name of the Republic of Turkey State Railways Transport Corporation.
Airways Transport
The heading "Transport by Air" and "Liability Arising from Transport Contracts" of the Turkish Civil Aviation Law includes special provisions regarding domestic passenger and goods transport contracts by air.
The provisions of the international agreements to which the TSHK and Turkey are a party and the provisions of the Turkish Commercial Code are applied in the transportation to be made by air in the country.