DOT 49 CFR PART 1035-2010 BILLS OF LADING.pdf

1、73 Surface Transportation Board, DOT Pt. 1035, App. A rerouted or diverted and furnish to each shipper the rerouting, except when the disability requiring the rerouting oc-curs after the movement has begun. When a rerouting carrier submits to the Board a notice and explanation for an extension of th

2、e rerouting period, it must immediately also submit a copy of that notice and explanation to the AAR, the ASLRA and all shippers that have been affected or that the carrier believes will be affected or that request a copy. (d) Notice by AAR. The AAR shall no-tify all carriers affected by rerouting o

3、r by an extension of a rerouting pe-riod, in a manner similar to that used for embargoes. (e) Applicable rates. The rates applica-ble on shipments rerouted or diverted will be the rates applicable over the route originally designated at the time the shipments are tendered. (f) Divisions. The carrier

4、s involved in the rerouting or diversion shall proceed even though no contracts, agreements, or arrangements exist between them at the time concerning the divisions of the rates applicable to the traffic. Divi-sions shall be, during the time the re-routing is in effect, those voluntarily agreed upon

5、 by the carriers. 46 FR 21782, Apr. 14, 1981, as amended at 46 FR 26064, May 11, 1981; 64 FR 53267, Oct. 1, 1999 PART 1035BILLS OF LADING Sec. 1035.1 Requirement for certain forms of bills of lading. 1035.2 Modification of front of uniform bill of lading. APPENDIX A TO PART 1035UNIFORM STRAIGHT BILL

6、 OF LADING APPENDIX B TO PART 1035CONTRACT TERMS AND CONDITIONS AUTHORITY: 49 U.S.C. 721, 11706, 14706. SOURCE: 58 FR 60797, Nov. 18, 1993, unless otherwise noted. CROSS REFERENCES: For interstate trans-portation of livestock, see 9 CFR parts 7177. For lading and unlading of vessels, see 19 CFR part

7、 4. 1035.1 Requirement for certain forms of bills of lading. (a) All common carriers, except ex-press companies, engaged in the trans-portation of property other than live-stock and wild animals, by rail or by water subject to the Interstate Com-merce Act are required to use straight bills of lading

8、 as prescribed in Appen-dix A and B to this part, or order bills of lading as prescribed in Appendix A and B to this Part, except that order bills of lading shall: (1) Be entitled Uniform Order Bill of Lading and be designated as Nego-tiable on the front (appendix A to this part); (2) Indicate consi

9、gnment to the order of * * * on the front (appendix A to this part); and (3) Provide for endorsement on the back portion (appendix B to this part). (b) All such bills of lading: (1) May be either documented on paper or issued electronically; (2) May be a copy, reprographic or otherwise, of a printed

10、 bill of lading, free from erasure and interlineation; (3) May vary in the arrangement and spacing of the printed matter on the face of the form. 1035.2 Modification of front of uni-form bill of lading. Notwithstanding any other provision of 1035.1(a), with respect to the infor-mation called for, th

11、e front portion only (appendix A to this part) of a bill of lading may deviate from the lan-guage prescribed in this part so long as the deviation conforms with approved national standards for the electronic data interchange or other commercial requirements for bill of lading informa-tion; provided

12、that no such deviation in the language shall affect the obliga-tions of any shipper to provide infor-mation absent the consent of such shipper nor shall such deviation be deemed to alter any rights or obliga-tions conferred by statute or regula-tion on either carriers or shippers with respect to the

13、 preparation or issuance of bills of lading. APPENDIX A TO PART 1035UNIFORM STRAIGHT BILL OF LADING UNIFORM STRAIGHT BILL OF LADING OriginalNot Negotiable Shippers No llllllllllllllllAgents No lllllllllllllllllCompany llllllllllllllllllVerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00083

14、 Fmt 8010 Sfmt 8002 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-74 49 CFR Ch. X (10110 Edition) Pt. 1035, App. A Received, subject to the classifications and tariffs in effect on the date o

15、f this Bill of Lading: atlllllllllllll, 19ll from lllllllllllllllllllllthe property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below, which said company (the word com-pany being under

16、stood throughout this con-tract as meaning any person or corporation in possession of the property under the con-tract) agrees to carry to its usual place of delivery at said destination, if on its own road or its own water line, otherwise to de-liver to another carrier on the route to said destinat

17、ion. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions not proh

18、ibited by law, whether printed or written, herein contained, including the conditions on back hereof, which are hereby agreed to by the shipper and accepted for himself and his as-signs. Mail or street address of consigneeFor purposes of notification only. Consigned to llllllllllllllllDestination ll

19、lllllllllllllllState of lllllllllllllllllllCounty of llllllllllllllllllRoute llllllllllllllllllllDelivering Carrier lllllllllllllCar Initial llllllllllllllllllCar No llllllllllllllllllllTrailer Initials/Number lllllllllllLength lllllllllllllllllllPlan lllllllllllllllllllllLength lllllllllllllllllllP

20、lan lllllllllllllllllllllContainer Initials/Number lllllllllLength lllllllllllllllllllPlan lllllllllllllllllllllLength lllllllllllllllllllPlan lllllllllllllllllllllNo. packages Description of arti-cles, special marks, and excep-tions *Weight (subject to correction) Class or rate Check col-umn . Subj

21、ect to Section 7 of conditions, if this shipment is to be delivered to the con-signee without recourse on the consignor, the consignor shall sign the following state-ment: . . The carrier shall not make delivery of this shipment without payment of freight and all other lawful charges. . . . (Signatu

22、re of consignor) . . If charges are to be prepaid, write or stamp here, . To be Prepaid. . . Received $lll to apply in prepayment of the charges on the property described hereon. . . Agent or Cashier . Perllllllll . (The signature here acknowledges only the amount prepaid.) . *If the shipment moves

23、between two ports by a carrier by water, the law requires that the bill of lading shall state whether it is carriers or shippers weight. Note. Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. The agreed or decl

24、ared value of the property is hereby specifically stated by the shipper to be not exceeding llllllllllllllllllll perllllllllllllllllllll Charges advanced: llllllllllllllllllll Shipper VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00084 Fmt 8010 Sfmt 8002 Y:SGML220219.XXX 220219jdjones o

25、n DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-75 Surface Transportation Board, DOT Pt. 1035, App. B Agent Per Per Permanent post office address of shipper APPENDIX B TO PART 1035CONTRACT TERMS AND CONDITIONS CONTRACT TERMS

26、AND CONDITIONS Sec. 1. (a) The carrier or party in posses-sion of any of the property herein described shall be liable as at common law for any loss thereof or damage thereto, except as herein-after provided. (b) No carrier or party in possession of all or any of the property herein described shall

27、be liable for any loss thereof or damage thereto or delay caused by the act of God, the public enemy, the authority of law, or the act or default of the shipper or owner, or for natural shrinkage. The carriers liability shall be that of warehouseman, only, for loss, damage, or delay caused by fire o

28、ccur-ring after the expiration of the free time al-lowed by tariffs lawfully on file (such free time to be computed as therein provided) after notice of the arrival of the property at destination or at the port of export (if in-tended for export) has been duly sent or given, and after placement of t

29、he property for delivery at destination, or tender of de-livery of the property to the party entitled to receive it, has been made. Except in case of negligence of the carrier or party in pos-session (and the burden to prove freedom from such negligence shall be on the carrier or party in possession

30、), the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the prop-erty is stopped and held in transit upon the request of the shipper, owner, or party enti-tled to make such request, or resulting from a defect or vice in the property, or for coun-try damag

31、e to cotton, or from riots or strikes. (c) In case of quarantine the property may be discharged at risk and expense of owners into quarantine depot or elsewhere, as re-quired by quarantine regulations or authori-ties, or for the carriers dispatch at nearest available point in carriers judgment, and

32、in any such case carriers responsibility shall cease when property is so discharged, or property may be returned by carrier at own-ers expense to shipping point, earning freight both ways. Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owners of t

33、he property or be a lien thereon. The carrier shall not be liable for loss or damage occa-sioned by fumigation or disinfection or other acts required or done by quarantine regula-tions or authorities even though the same may have been done by carriers officers, agents, or employees, nor for detentio

34、n, loss, or damage of any kind occasioned by quar-antine or the enforcement thereof. No car-rier shall be liable, except in case of neg-ligence, for any mistake or inaccuracy in any information furnished by the carrier, its agents, or officers, as to quarantine laws or regulations. The shipper shall

35、 hold the car-riers harmless from any expense they may incur, or damages they may be required to pay, by reason of the introduction of the property covered by this contract into any place against the quarantine laws or regula-tions in effect at such place. Sec. 2. (a) No carrier is bound to transpor

36、t said property by any particular train or ves-sel, or in time for any particular market or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destin

37、ation. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus

38、freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. (b) As a condition precedent to recovery, claims must be filed in writing with the re-ceiving or delivering carrier, or carrier issuing this bill of lading, or carrier on w

39、hose line the loss, damage, injury or delay occurred, within nine months after delivery of the property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make deliv-ery, then within nine months after a reason-able time for delivery has ela

40、psed; and suits shall be instituted against any carrier only within two years and one day from the day when notice in writing is given by the car-rier to the claimant that the carrier has dis-allowed the claim or any part or parts there-of specified in the notice. Where claims are not filed or suits

41、 are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid. (c) Any carrier or party liable on account of loss of or damage to any of said property shall have the full benefit of any insurance that may have been eff

42、ected upon or on ac-count of said property, so far as this shall not avoid the policies or contracts of insur-ance: Provided, That the carrier reimburse the claimant for the premium paid thereon. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00085 Fmt 8010 Sfmt 8002 Y:SGML220219.XXX 220

43、219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-76 49 CFR Ch. X (10110 Edition) Pt. 1035, App. B Sec. 3. Except where such service is re-quired as the result of carriers negligence, all property shall be subject t

44、o necessary cooperage and baling at owners cost. Each carrier over whose route cotton or cotton linters is to be transported hereunder shall have the privilege, at its own cost and risk, of compressing the same for greater conven-ience in handling or forwarding, and shall not be held responsible for

45、 deviation or un-avoidable delays in procuring such compres-sion. Grain in bulk consigned to a point where there is a railroad, public or licensed elevator, may (unless otherwise expressly noted herein, and then if it is not promptly unloaded) be there delivered and placed with other grain of the sa

46、me kind and grade with-out respect to ownership (and prompt notice thereof shall be given to the consignor), and if so delivered shall be subject to a lien for elevator charges in addition to all other charges hereunder. 4. (a) Property not removed by the party entitled to receive it within the free

47、 time al-lowed by tariffs, lawfully on file (such free time to be computed as therein provided), after notice of the arrival of the property at destination or at the port of export (if in-tended for export) has been duly sent or given, and after placement of the property for delivery at destination

48、has been made, may be kept in vessel, car, depot, warehouse or place of delivery of the carrier, subject to the tariff charge for storage and to carriers responsibility as warehouseman, only, or at the option of the carrier, may be removed to and stored in a public or licensed warehouse at the place

49、 of delivery or other available place, at the cost of the owner, and there held without liability on the part of the car-rier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. (b) Where nonperishable property which has been transported to destination here-under is refused by consignee or the party entitled to receive it, or said consignee or party entitled