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

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Freight Claims in Plain English (4th Edition) is an important tool for all of those involved with transportation law and logistics--and is an informational read for those interested in learning more. Here are some quick points from an article that introduces the key topics discussed in chapter two of this must-read book, “Surface Carrier Liability”.

The article starts out by mentioning that “when dealing with a freight loss or damage question, a determination must be made at the very outset as to what laws, administrative regulations, treaties and/or contracts govern the transaction between the shipper and carrier”.  If you do not know and utilize the proper principles for the claim being made, you will face issues later on that can cost you time and money. Because of this, Primus reminds us that in order to have a functional claims process, “the first step in processing a freight claim is to establish the legal classification of the movement, i.e.:

  • Interstate and foreign common carriage (formerly regulated by the I.C.C., now the Surface Transportation Board (S.T.B.) for rail movements or the Federal Motor Carrier Safety Administration (FMCSA) for motor carrier, water carrier and freight forwarder movements);

  • Intrastate common carriage (formerly regulated by a state P.S.C., P.U.C., D.O.T., etc.);

  • “Exempt” common carriage (governed only by the common law);

  • Contract carriage (formerly regulated by the I.C.C. or state regulatory agency); or

  • Private carriage (shipper’s vehicle).”

The article also contains a bit more in-depth information about interstate commerce and foreign commerce, which can be read by clicking the link at the bottom of this page.

Freight Claims in Plain English (Edited by Brent Wm. Primus, J.D.) is a great resource to expand upon existing knowledge you may have of freight claims and their occurrence in transportation law.  Knowing the correct principles of freight claims to utilize for the claim in question will help you to avoid unnecessary obstacles and problems in the future.

Visit this link to read the full article: https://www.transportlawtexts.com/fcpe2.php 

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

All credit goes to the original source and author.