Temat: Contracts of Carriage and Bills of Lading

TRANSPORTATION CONTRACTS

As a result of the Motor Carrier Act of 1980 and the Staggers Rail Act of 1980, various forms of “contract carriage” emerged and replaced the traditional common carriage regime. [url = http://www.transportlawtexts.com/motor-carrier-contrac...] Motor carriers [/ url] were given broad contract carrier authority by the ICC to transport general commodities for any commercial shipper, with few restrictions, between the 48 states. Rail carriers were given the right to enter into contracts, and entire groups of commodities and types of shipments were declared exempt from economic regulation.

The ICC Termination Act of 1995 eliminated the distinction between motor common carriers and contract carriers. It essentially created a single class of motor carriers, namely common carriers with the right to contract with shippers. As stated in the Senate Report 104-176, S.1396, Nov. 21, 1995:

Common Carriage.- The bill would eliminate the regulatorily-created distinction between common and contract motor carriers. Such categorizations have lost their meaning, because most carriers now operate in a dual capacity. Under the bill, all motor carriers would have a common carrier obligation, but would be free to contract for individual shipments.

Transportation contracts may or may not incorporate terms and conditions from the uniform bill of lading. Most contracts provide that even if a uniform bill of lading is used as a receipt or shipping document, the contract provisions supersede any terms and conditions in the bill of lading.