It not only relates the laws and regulations, carrier tariffs and practices governing transportation and logistics in today’s environment; it focuses on the problem areas that have resulted in disputes and litigation? and suggests how these pitfalls can be avoided. It covers real-world experiences during the author’s 50 years of practicing transportation law, during which he counseled shippers and their trade associations, carriers, brokers and freight forwarders on a wide variety of problems.
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You will learn about:
Surface carriers, brokers and railroads may now be sued for damages and attorney fees for any violations of the Interstate Commerce Act.
There are financial risks when shipping “COD”.
Motor carriers are limiting their liability in ways that the ICC would not have allowed.
A shipper may be bound by unfiled tariff provisions of which it was unaware.
Motor carriers need not inform shippers of their tariff provisions unless the shipper requested a copy of the carrier’s tariff before shipping.
Depositing a claim check for less than the claimed amount may foreclose collecting the full amount.
Household Goods Carriers are still subject to strict government regulation.
Parcel Express Carriers are still subject to some regulation and laws.
Carriers have a duty to inspect shipper-loaded vehicles before leaving origin.
Manufacturers are at risk when partially-damaged shipments are sold in salvage sales.
How a BMC 32 and an FF 32 Endorsement protects shippers when a carrier fails to pay a lawful loss or damage claim.
How the Classification System can adversely impact shippers and receivers.
How and when a carrier may have a lawful lien on goods in its possession.
How long records must be preserved.
How and when your firm is exposed to costly lawsuits.
How to determine if a third party logistics provider may have a conflict of interest.
The penalties and fines for violating the statutes and regulations in effect today.
Why do transportation and logistics personnel need to know about laws and regulations? Because:
Every shipment of freight moves on a contract of carriage of some type that contains legal terms and conditions defining the rights and duties of the parties to the transportation or distribution agreement.
The federal government currently offers less protection for the shipping public, although it continues to regulate all carrier industries to some degree.
Shippers’ and receivers’ rights vis-à-vis carriers and intermediaries, and between carriers and intermediaries, are governed by laws and legal principles.
Transportation and logistics are quasi-legal subjects that require an understanding of the laws that govern every party in the distribution cycle.