Freight Claims in Plain English 4th Edition: “Common Carrier Liability”

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Freight Claims in Plain English (4th Edition) is an important and useful tool for all of those involved with transportation law and logistics--and is an informational read for those interested in learning more about the subject matter.

Here are some key points from the article that introduces the topics discussed in chapter three of this must-read book, “Common Carrier Liability”:

This chapter of the book discusses common carrier liability versus the liability of contract carriers.  The article mentions that “before passage of the I. C. C. Termination Act of 1995, the issue of whether a carrier is acting as a “common” carrier or as a “contract” carrier had been subject to considerable litigation in the context of freight “undercharge” cases”.  In this situation, there would be tension between shipper and carrier regarding payment and whether or not tariff charges applied.

Along with the technical statutory provisions discussed in this chapter, there are also other related ideas mentioned.  Some of these ideas from the article include: 

  1. “Congress’ declaration in 1980 that it would reverse long-standing policy and allow motor carriers to hold both common and contract carrier certificates;

  2. the proliferation of “rail contracts” pursuant to the Staggers Act of 1980; and

  3. the declaration by railroads that they are performing TOFC/COFC services as a “hirer” under the exemption from I.C.C. regulation. (See Section 15.3); and

  4. the elimination of the distinction between common and contract carriers in ICCTA, 49 U.S.C. § 13102. (Appendix 2)” 

Freight Claims in Plain English (Edited by Brent Wm. Primus, J.D.) is a great resource to expand upon your existing knowledge of freight claims and their occurrence in transportation law.  Reading this book will give you great insight into different types of claims and carriers, and clarify some of the complexities in the evolution of freight claims. 

Visit this link to read the full article: https://www.transportlawtexts.com/fcpe3.php 

On the website, you can also purchase your own copy of the book.

All credit goes to the original source and author.