"Transportation, Logistics and the Law"
Book Reviews

Second Edition

What's Law Got To Do With It? by Cliff Lynch, Click here to download full review.

The Publisher of LOGISTICS DIGEST, Lee Cisneros, wrote:

"I am amazed at the scope, the depth of the subjects covered, the number of citations and addenda and the quality of the information being presented. The book is a "tour de force" of a very complicated subject, presented by the author who also acknowledges input from a host of talented individuals who provided assistance in the preparation of this book. . . .

Do not be daunted by the size or even the weight of this book, nor feel that you have to read every page. What you do have is a valuable information resource that can be used to research and evaluate specific problems, find suggestions for solutions and importantly, provide solid options for actions."

Book Review by Tom Foster, Senior Editor, Global Logistics & Supply Chain, October 25, 2004

"If you are among the majority of supply chain executives who have been told that freight transportation is no longer a big issue because it's deregulated, a book from one of the most prominent transportation attorneys in the U.S. will open your eyes. William J. Augello's book Transportation, Logistics and the Law (Second editor, 2004), reveals the legal risks, costs and other traps for the unwary that threaten the smooth operation of every supply chain. More important, this text explains in very clear language how to prevent many of these problems and what to do if your company is involved in any of the myriad legal hassles that are extremely common when moving freight today.

While the various federal, state and international agencies that regulated freight transportation for decades have ebbed away since the 1980s, even more complex and arcane bodies of law have stepped in to deal with the challenges that are inevitable with movement of goods. Problems with freight loss, damage, pricing, payment, service levels, insurance and security are as prevalent now as they ever have been. Augello's book clearly explains which bodies of law and regulation now apply to each type of transportation activity and how to resolve such issues.

The book is divided into four major sections. The first, and most important, is Augello's narrative explaining the law and regulations covering every aspect of transportation including:

- Federal jurisdiction
- Regulation of the railroads, motor carriers, airlines and ocean carriers
- Regulation of intermediaries to include brokers, forwarders and 3PLs
- Multimodal shipping
- Principles of contract law for transportation
- Liability for loss and damage
- Cargo insurance
- Shippers' and carriers' duties and responsibilities
- Importing and exporting
- Terms of sale
- International laws and treaties
- Hazardous materials laws and regulations

Two large appendices follow containing the actual text of carefully selected statutes and regulations covering the most common problem areas impacting users of transportation. Approximately 30 small appendices follow and include very handy tables, check lists, sample agreements, documents, glossaries and otherwise hard-to-find information that makes Augello's book an everyday reference source.

Augello served for nearly 30 years as head of the Transportation Consumers Protection Council, which helps companies deal with basic issues such as freight claims for loss and damage and transportation pricing. His book devotes a significant amount of his attention to such transactional issues, which high-level supply chain executives may consider relatively minor issues. As Augello points out, however, a company with a net profit margin of one percent must sell $100,000 of its products to make up for $1,000 unrecoverable loss.

"Management may increase its attention and allocation of resources to its logistical operations when it realizes this (impact on its bottom line)," says Augello.

One intent of the book is to make management take notice of the need for more attention to transportation, which he correctly labels as a "quasi-legal subject that requires paralegal training for all of the persons charged with responsibility for any segment of the supply chain."

The primary intent of the book is to help the practitioner who wants to establish a compliance program for his company to prevent problems before they occur. It is organized to serve as an integral part of a corporation's operating manual. More than likely, nearly every logistics manager reading this book will find that some important aspects of his company's supply chain operations are vulnerable to serious legal problems. Augello's book is an easy way to correct transportation procedures that can cripple a company's entire supply chain."
-- Tom Foster, Senior Editor, Global Logistics & Supply Chain

Book Review by Martin W. Bercovici*, Journal of Transportation Law, Logistics & Policy, January, 2005

William J. Augello has issued the second edition of his textbook, Transportation, Logistics and the Law, which substantially expands on the first edition. While primarily designed as a text for the transportation law course he teaches at the University of Arizona, Transportation Logistics and the Law also will serve as a valuable reference tool for transportation professionals.

The book covers, in varying degrees, rail, motor, air, ocean, intermodal, hazardous materials, import-export and related common legal considerations. The volume is hefty in size, running in excess of 800 pages, which consists of 208 pages of text, 30 separate appendices, an extensive table of contents, a glossary of terms, an index of court cases cited, and a topical index. The book well draws upon Augello's more than 50 years experience in practicing transportation law.

The principal focus of Augello's practice ran to motor carriage. This is reflected in his role as executive director and general counsel of the Transportation Claims and Prevention Council, Inc., now the Transportation Consumer Protection Council, Inc., which addresses carrier service and claims issues with a decided motor carriage focus. It) issuing the second edition, Augello called upon a number of colleagues to contribute in the areas of rail, hazardous materials and air transportation.

The strength of the book is in the motor carriage arena. Of the 268 pages of text, virtually half are dedicated to motor carriage, as well as pieces of other sections, including shippers and carriers' duties, responsibilities & exposure to lawsuits, multimodal arrangements, regulation of intermediaries, and introduction to hazardous materials. The motor carriage coverage is comprehensive and smooth, reflecting the guiding hand of a teacher leading his students through the extensive and complex world of freight transportation.

Other substantive areas of the textbook do not match the coverage of motor carnage Rail and ocean shipping, both having high commercial impact and each involving a much less (or, in many cases for rail shippers, non-) competitive environment, receive 23 and 24 pages of coverage, respectively. In particular, the rail section does not reflect the comprehensive coverage or the smooth flow of words and ideas that characterize the motor carriage discussion. Consequently, these areas will be of lesser value to those seeking guidance in dealing with their carriers.

Organizationally, the topical index is well done. In any further revisions, the table of contents should be expanded to include page references to the glossary, table of cases, and the appendices. There is an index to the appendices, which immediately precedes that portion of the volume, but having this information in the table of contents in the front also would be helpful. Also helpful would be an index for the appendices containing the statutes and regulations, which run 160, and more than 200 pages in length, respectively.

Those desiring a general transportation text, and those with a particular focus on motor carriage service, will find Transportation, Logistics and the Law, second edition a helpful resource for securing a first-cut analysis in addressing their requirements.

* Martin W, Bercovici, A partner in the Washington, D.C. office of Keller and Heckman LLP, has practiced transportation law for mare than 35 years, assisting shippers in all facets of their transportation requirements, including rail, motor, water, air and hazardous materials. He is a frequent speaker on railroad transportation issues at industry junctions and seminars, including ATLLP meetings, fie was the first executive director of the Alliance for Rail Competition.

First Edition Reviews

"I am amazed at the scope, the depth of the subjects covered, the number of citations and addenda and the quality of the information being presented. The book is a "tour de force" of a very complicated subject, presented by the author who also acknowledges input from a host of talented individuals who provided assistance in the preparation of this book. . . .

Do not be daunted by the size or even the weight of this book, nor feel that you have to read every page. What you do have is a valuable information resource that can be used to research and evaluate specific problems, find suggestions for solutions and importantly, provide solid options for actions."
-- Lee Cisneros, Publisher, LOGISTICS DIGEST, October 2004.

"In the early 1970's when a new attorney reported to the Interstate Commerce Commission's Office of Proceedings, they were presented with a copy of John Guandolo's Transportation Law Treatise (3rd Edition). At the time this tome represented the definitive statement on transportation law and economic regulation of surface transportation carriers. As deregulation occurred, starting with the 3R Act in 1976 and progressing through the ICC Termination Act of 1995, much of John Guandolo's excellent book became obsolete. No author has risen to fill that void, at least arguably not until now."
-- Published in JOURNAL OF TRANSPORTATION LAW, LOGISTICS AND POLICY, SPRING 2003, VOL.70, NUMBER 3.

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"Transportation, Logistics and the Law, by William J. Augello, is without question the most comprehensive resource designed to protect transportation buyers in North America".
-- INBOUND LOGISTICS, January 2003.

"Today's fascination with web-based commerce, third-party logistics providers, electronic data interchange, global supply chain controls, and similar innovations in inventory management tends to overlook that, in the final analysis, it comes down to the entities which transport the freight, whether they are rail, motor, air, or ocean carriers. All of the modern wizardry can't overcome shipper discontent with the carriers' performance, whether it is the reasonableness of rates, reliability of service, or care in handling cargo. It was these matters that the transportation laws and regulations were intended to safeguard, and, although over the past two decades carriers have been largely deregulated, it behooves the shippers to know and understand what measures remain on the books for their protection. These are well articulated in "Transportation, Logistics and the Law," a book no one working in a shipper's traffic or transportation department should be without."
-- Fritz R. Kahn, Journal of the Transportation Research Forum, Published in Transportation Quarterly, Vol. 56, No. 3, Summer 2002 (155-157)

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"The Book" - Bill Augello wrote the book on transportation law. Actually, he's written more than a dozen books on transportation law. But it's the latest, 'Transportation, Logistics and the Law', that has caught my attention . . . .Augello says that he wrote his latest book 'to provide insight into the most important laws, rules, regulations, treaties and practices remaining in today's deregulated environment where shippers and carriers are left to manage their affairs with less intervention from the federal government. Augello is known as a shipper advocate but he takes pains to note that he is not anti-carrier. 'Attorneys are generally consulted only when a legal problem exists, not when the system is working smoothly'."
-- Clayton Boyce, Editor, Traffic World

"This is an important contribution to the transportation industry. Not only does it clarify some very unclear issues; it does so in a very readable fashion. I especially like the big print text and the organization which can be scanned easily for identification of needed answers. It is especially well indexed. I personally think this is the easiest to read transportation text since Marvin Fair and Earnest Williams' 1950 Economics of Transportation".
-- Dale Anderson, Administrator of CCPAC (Certified Claims Professional Accreditation Council, Inc.)

"Mr. Augello has once again wakened this reader, and perpetual student of cargo claims, through 277 pages of up-to-date rules connected to this industry. This book is not a rehash, but an historical perspective in which to look at today's deregulated environment.

Along with this text is an extensive Appendix which includes 19 of the most useful statutes, rules and charts that a well-round professional needs today. This is a continuation of Mr. Augello's belief that transportation and logistics people need to have everything they require to optimize their performance in one place, which he has accomplished with these 530 pages.

Budget this book for your library and purchase it today. If you buy only one book this year, this is the one to have."
-- Beverly Hilby, HCCP, Editor of Proclaim

"I am a small business owner in the transportation industry and can't begin to tell you how much this book has helped me! The sections on Federal Motor Carrier Regulations, Motor Carrier Liability for Loss, Damage and Delay, and Registration and Record Requirements have literally saved my business, and saved my clients a great deal of anxiety. We have a better and clearer understanding of what is required of us, what our needs are and how to meet them. I was previously employed by a transportation broker who, to my knowledge, was never registered, licensed, or bonded. So I had no previous experience with any of the legal requirements or responsibilities. Thanks again! (Name withheld, for obvious reasons).

"William J. Augello, Adjunct Professor at the Tucson campus, University of Arizona, has completed a massive 'must have' for any logistics professional involved in legalities of transportation and logistics. Augello's all-encompassing book is important in the current state of the global economy. Corporate personnel need a quick reference guide to the fundamental regulations and laws governing their business. 'Transportation, Logistics and the Law' was designed to fill that need. It addresses the problem areas remaining in the supply chain after deregulation of our transportation industries. It reveals where businesses are vulnerable to suffering losses and being sued, and offers suggestions on how costly disputes, litigation, fines and penalties can be avoided."
-- Joe Baker, Executive Director, National Cargo Security Council

" 'Transportation, Logistics and the Law' is an excellent tool for research and references on the handling of loss and damage claims, National Motor Freight Classification matters, rate disputes, contracting, cargo insurance, International Treaties on imports and exports and discussion on all types of Intermediaries.

This publication provides a rare opportunity for transportation professionals to earn college credits as the Institute of Logistical Management has adopted this text as a basis for a transportation law course."
-- Bruce Hocum, Editor, "Transportation Newsletter", Rubenstein Logistics Services, Inc.

"Given that all shipments move under some sort of contract and that shippers' rights in relation to carriers and intermediaries are governed by laws, it's critical that transportation and logistics personnel understand the applicable laws and regulations. But recent corporate layoffs and other cutbacks have left many companies without ready access to that information in-house. A new book, 'Transportation, Logistics and the Law', can help fill that growing knowledge gap.

William J. Augello, a Logistics columnist, offers a succinct but thorough review of all U.S. laws that affect transportation and logistics activities. The 550- page book includes easy-to-research texts of the most important statutes and regulations governing carriers and intermediaries; citations for court decisions, public laws and international treaties that affect transportation; an explanation of the legal impact of tariffs, bills of lading, contracts, rate agreements and insurance policies; and numerous appendices containing important legal facts and reference materials. The book also provides practical advice on how to protect shippers' carriers' and intermediaries' rights and interests."
-- Toby B. Gooley, Senior Editor, Logistics Management & Distribution Report

"Bill Augello has done it again. His latest book, 'Transportation, Logistics and the Law' is an insightful compilation of the legal changes in transportation since deregulation in 1980. Augello has pulled, into one easy to read reference, the information that any one involved in transportation needs to know. This book is an essential desk reference."
-- Robert A. Voltmann, Executive Director & CEO, Transportation Intermediaries Association

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and order one for your Corporate Attorneys, too!

"This latest offering may be one of Bill Augello's better ideas among a lot of good ones. Advance text copy shows the book provides a brief history of transportation regulation, tracing its evolution to the present. The book homes in on key issues (including gray areas) that we deal with every day. All carrier modes are addressed - motor, rail, air and maritime - as well as transportation intermediary relationships. There is particular emphasis on contracts and bills of lading (domestic, international, and intermodal) and liability issues. The book also includes the text of key laws and regulations and cites to key court decisions. It should become a valuable reference tool because the information it imparts is in plain English and it's all in one place. There is a lot to be said for this kind of convenience and simplicity."
-- Donna Behme, Executive Director, Freight Transportation Consultants Association, Inc.

"This book helps you through every step of shipping and transportation -from trucking, railroads, airlines and ocean carriage in international commercial law. It's like having your own professional standing over your shoulder, reminding you about every detail of every step. The author has done a great job of discussing many legal pitfalls, and how to avoid them. I would highly recommend this book to any shipper or carrier who has to thread their way through today's changing regulatory environment."
-- Richard E. Gutting, Jr., President, National Fisheries Institute

"Bill Augello has just published a book that will save the readers and the users of the information, a lot of TIME and effort. This resource compresses the search for badly needed help into a single 550-page volume The search for answers, always takes much longer time to find than one originally plans . . .and the search rarely produces the definitive answers you needed. 'Transportation, Logistics and the Law' is in fact a publication that will surely result in the most productive use of your very valuable time . . . It's a rare opportunity to stay 'up-to-dated & knowledgeable' about a technical area of our supply chain execution process, and particularly the problem areas that persist in the distribution of goods!"
-- Lee Cisneros, Editor, Logistics Digest

"After reviewing this book, I believe it is the best Transportation and Logistics reference ever! It should be incorporated into our [corporate] training."
-- James A. Ziola, Supply Chain Logistics Consulting, Hewlett-Packard

"Transportation, Logistics and the Law", just what logistics managers need."
-- Joseph L. Mazel Editor, Institute of Management & Administration, Inc.'s Monthly Report on Managing Logistics

"Bill Augello has come out with the consummate book on transportation law and logistics that belongs on every transportation attorney's bookshelf. . .[he has] accomplished the feat of reducing practically all of the transportation issues any transportation attorney may ever face into one eminently readable source. . . . Just as his Freight Claims in Plain English book can be considered the book on loss and damage claims. . ., this latest effort is the book on transportation and logistics."
-- Mary Kay Reynolds, Attorney, for the Transportation Lawyers Associations' Journal

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"As a transportation and logistics professional it is reassuring to know that we now have a one volume detailed text on the numerous laws and regulations effecting the movement of international and domestic cargo. "Transportation, Logistics and the Law" is highly recommended for those in corporate legal and finance departments as a guide to the legal and regulatory challenges [they face]..."
-- Bruce McMillan, American Transportation Group, for the American Association of Exporters and Importers

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"In this cost-driven, multimodal environment, a need exists for a legal text that surveys the current laws governing all of the principle modes of freight transportation. William Augello's new book, Transportation, Logistics and the Law, fills that need, and will be highly valuable to both lawyers and non-lawyers with transportation responsibilities. . . The driving theme underlying this text is the need in today's deregulated transportation environment for parties --particularly shippers--to protect themselves through increased awareness of their rights and obligations."
-- Jack Osborn, Esq., Sonnenschein Nath & Rosenthal, Washington, DC, for the Federal Bar Association's TransLaw Newsletter

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"Bill Augello, author of Freight Claims in Plain English, adds an up-to-date resource for transportation professionals in his new text on the legal aspects of freight transportation.

The subject matter is massive and, as evidenced by Saul Sorkin's landmark eight volume treatise on the same subject matter , very difficult to consolidate into a readable reference. While Sorkin's work is intended for legal professionals, this text serves a similar purpose for the lay audience. Consequently, this book is designed as a treatise or text.

The author starts with considerable detail on the historic role that regulation has played in freight shipment and then examines how federal preemption and economic deregulation has altered the traditional rights and responsibilities of shippers, receivers and carriers. For those of us who grew up in the business, the author assists in refocusing our mindsets onto the frontier of open market relationships.

In addition to a text exceeding 200 pages, Mr. Augello thoughtfully provides a comprehensive series of Appendices that include references to court cases, statutes, regulations and other pertinent materials.

Mr. Augello includes, as one might expect, an excellent summary of the realistic application of law in relation to claims arising from the loss of or damage to freight. His penchant for plain speaking makes a complex subject far more understandable than similar treatises.

Perhaps the most notable contribution to those of us engaged in multi-modal transportation is his section on the proliferation of intermediaries which focuses on the legal issues to be aware of when dealing with such non-carriers, acting as carriers. This section is a must read for anyone doing business with 3PLS. If it is flawed it is due only to its brevity. Much more needs to be written about this emerging type of transportation provider.

This text is a good addition to your library. Having said that, the way in which the manuscript was printed makes reading difficult and interrupts the continuity of the authors' thoughts. The side margins are too small and the tine spacing too large to make reading easy or pleasurable. The use of bold type for emphasis, though well intended, is also jarring and disruptive. Despite these flaws, this book is a contribution to the continuing education of our industry."
-- Greg Stefflre, Esq., for the Intermodal Association of North America (IANA)
Los Angeles, California, Chief Executive Officer of Imagine! Transport Group

Note: Greg Stefflre spent thirty years practicing transportation law for a national clientele and now manages his family group of trucking and warehousing companies. He was a founding member of IANA, a member of its board of directors for six years and presently serves on the Executive Committee of the UIIA.

Click here for an in-depth review of
Transportation Logistics and the Law
by Penny Guyer
Parcel Shipping & Distribution Magazine, May/June 2002

"Transportation, Logistics and the Law" Book Reviews

"Transportation, Logistics and the Law"
Book Reviews