Legislación
US (United States) Code. Title 49. Subtitle X: Miscellaneous. Chapter 801: Bills of lading
-CITE-
49 USC CHAPTER 801 - BILLS OF LADING 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
CHAPTER 801 - BILLS OF LADING
-MISC1-
Sec.
80101. Definitions.
80102. Application.
80103. Negotiable and nonnegotiable bills.
80104. Form and requirements for negotiation.
80105. Title and rights affected by negotiation.
80106. Transfer without negotiation.
80107. Warranties and liability.
80108. Alterations and additions.
80109. Liens under negotiable bills.
80110. Duty to deliver goods.
80111. Liability for delivery of goods.
80112. Liability under negotiable bills issued in parts,
sets, or duplicates.
80113. Liability for nonreceipt, misdescription, and improper
loading.
80114. Lost, stolen, and destroyed negotiable bills.
80115. Limitation on use of judicial process to obtain
possession of goods from common carriers.
80116. Criminal penalty.
AMENDMENTS
1994 - Pub. L. 103-429, Sec. 6(79), Oct. 31, 1994, 108 Stat.
4388, made technical amendment to chapter heading.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 46 App. section 1304.
-End-
-CITE-
49 USC Sec. 80101 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80101. Definitions
-STATUTE-
In this chapter -
(1) "consignee" means the person named in a bill of lading as
the person to whom the goods are to be delivered.
(2) "consignor" means the person named in a bill of lading as
the person from whom the goods have been received for shipment.
(3) "goods" means merchandise or personal property that has
been, is being, or will be transported.
(4) "holder" means a person having possession of, and a
property right in, a bill of lading.
(5) "order" means an order by indorsement on a bill of lading.
(6) "purchase" includes taking by mortgage or pledge.
(7) "State" means a State of the United States, the District of
Columbia, and a territory or possession of the United States.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80101 49 App.:122. Aug. 29, 1916, ch. 415, Sec.
42, 39 Stat. 545.
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In this chapter, the words "negotiable bill of lading" are
substituted for "order bill", and the words "nonnegotiable bill of
lading" are substituted for "straight bill", for clarity and
consistency in the revised title and with other titles of the
United States Code.
In this section, before clause (1), the words "unless the context
of subject matter otherwise requires" are omitted as unnecessary
because of the restatement. The words " 'Action' includes
counterclaim, set-off, and suit in equity" are omitted as
unnecessary. The words " 'Bill' means bill of lading, governed by
this chapter" are omitted because of section 80102 of the revised
title. In clauses (1), (2), and (4), the words " 'Person' includes
a corporation or partnership, or two or more persons having a joint
or common interest" are omitted because of 1:1. In clause (3), the
words "personal property" are substituted for "chattels" for
clarity and consistency. The words "is being" are substituted for
"in course of" for clarity. In clause (7), the words " 'State'
means a State of the United States" are substituted for " 'State'
includes" for clarity and consistency in the revised title and with
other titles of the Code. The word "possession" is substituted for
"insular possession, or isthmian possession" for consistency in the
revised title.
-End-
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49 USC Sec. 80102 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80102. Application
-STATUTE-
This chapter applies to a bill of lading when the bill is issued
by a common carrier for the transportation of goods -
(1) between a place in the District of Columbia and another
place in the District of Columbia;
(2) between a place in a territory or possession of the United
States and another place in the same territory or possession;
(3) between a place in a State and a place in another State;
(4) between a place in a State and a place in the same State
through another State or a foreign country; or
(5) from a place in a State to a place in a foreign country.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80102 49 App.:81. Aug. 29, 1916, ch. 415, Sec.
1, 39 Stat. 538.
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In this chapter, the words "common carrier" are substituted for
"carrier" because the source provisions restated in this section
provide that this chapter applies to bills of lading issued by
common carriers.
In clause (2), the words "territory or possession" are
substituted for "Territory" for consistency in the revised title
and with other titles of the United States Code.
-End-
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49 USC Sec. 80103 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80103. Negotiable and nonnegotiable bills
-STATUTE-
(a) Negotiable Bills. - (1) A bill of lading is negotiable if the
bill -
(A) states that the goods are to be delivered to the order of a
consignee; and
(B) does not contain on its face an agreement with the shipper
that the bill is not negotiable.
(2) Inserting in a negotiable bill of lading the name of a person
to be notified of the arrival of the goods -
(A) does not limit its negotiability; and
(B) is not notice to the purchaser of the goods of a right the
named person has to the goods.
(b) Nonnegotiable Bills. - (1) A bill of lading is nonnegotiable
if the bill states that the goods are to be delivered to a
consignee. The indorsement of a nonnegotiable bill does not -
(A) make the bill negotiable; or
(B) give the transferee any additional right.
(2) A common carrier issuing a nonnegotiable bill of lading must
put "nonnegotiable" or "not negotiable" on the bill. This paragraph
does not apply to an informal memorandum or acknowledgment.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80103(a)(1) 49 App.:83. Aug. 29, 1916, ch. 415,
Secs. 2, 3, 6, 7, 29 (last
sentence), 39 Stat. 539, 543.
80103(a)(2) 49 App.:87.
80103(b)(1) 49 App.:82.
49 App.:109 (last
sentence).
80103(b)(2) 49 App.:86.
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In subsection (a)(1), the words "A bill of lading is negotiable
if . . . states that the goods are to be delivered to the order of
a consignee" are substituted for "A bill in which it is stated that
the goods are consigned or destined to the order of any person
named in such bill is an order bill" for clarity and consistency in
the revised title and with other titles of the United States Code.
The words "does not contain on its face an agreement with the
shipper that the bill is not negotiable" are substituted for 49
App.:83 (last sentence) for clarity and to eliminate unnecessary
words.
In subsection (a)(2)(B), the words "right the named person has"
are substituted for "rights or equities of such person" for
clarity.
In subsection (b)(1), before clause (A), the words "A bill of
lading is nonnegotiable if" are substituted for "A bill in which .
. . is a straight bill" in 49 App.:82 for consistency in the
revised title and with other titles of the Code. The words "free
from existing equities" in 49 App.:109 (last sentence) are omitted
as surplus.
-End-
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49 USC Sec. 80104 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80104. Form and requirements for negotiation
-STATUTE-
(a) General Rules. - (1) A negotiable bill of lading may be
negotiated by indorsement. An indorsement may be made in blank or
to a specified person. If the goods are deliverable to the order of
a specified person, then the bill must be indorsed by that person.
(2) A negotiable bill of lading may be negotiated by delivery
when the common carrier, under the terms of the bill, undertakes to
deliver the goods to the order of a specified person and that
person or a subsequent indorsee has indorsed the bill in blank.
(3) A negotiable bill of lading may be negotiated by a person
possessing the bill, regardless of the way in which the person got
possession, if -
(A) a common carrier, under the terms of the bill, undertakes
to deliver the goods to that person; or
(B) when the bill is negotiated, it is in a form that allows it
to be negotiated by delivery.
(b) Validity Not Affected. - The validity of a negotiation of a
bill of lading is not affected by the negotiation having been a
breach of duty by the person making the negotiation, or by the
owner of the bill having been deprived of possession by fraud,
accident, mistake, duress, loss, theft, or conversion, if the
person to whom the bill is negotiated, or a person to whom the bill
is subsequently negotiated, gives value for the bill in good faith
and without notice of the breach of duty, fraud, accident, mistake,
duress, loss, theft, or conversion.
(c) Negotiation by Seller, Mortgagor, or Pledgor to Person
Without Notice. - When goods for which a negotiable bill of lading
has been issued are in a common carrier's possession, and the
person to whom the bill has been issued retains possession of the
bill after selling, mortgaging, or pledging the goods or bill, the
subsequent negotiation of the bill by that person to another person
receiving the bill for value, in good faith, and without notice of
the prior sale, mortgage, or pledge has the same effect as if the
first purchaser of the goods or bill had expressly authorized the
subsequent negotiation.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1347.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80104(a)(1) 49 App.:108. Aug. 29, 1916, ch. 415,
Secs. 27, 28, 30, 37, 38, 39
Stat. 542, 543, 544.
80104(a)(2) 49 App.:107.
80104(a)(3) 49 App.:110.
80104(b) 49 App.:117.
80104(c) 49 App.:118.
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In subsection (a)(1), the words "If the goods are deliverable to
the order of a specified person" are substituted for "the person to
whose order the goods are deliverable by the tenor of the bill" for
clarity. The text of 49 App.:108 (last sentence) is omitted as
unnecessary because of the restatement.
-End-
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49 USC Sec. 80105 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80105. Title and rights affected by negotiation
-STATUTE-
(a) Title. - When a negotiable bill of lading is negotiated -
(1) the person to whom it is negotiated acquires the title to
the goods that -
(A) the person negotiating the bill had the ability to convey
to a purchaser in good faith for value; and
(B) the consignor and consignee had the ability to convey to
such a purchaser; and
(2) the common carrier issuing the bill becomes obligated
directly to the person to whom the bill is negotiated to hold
possession of the goods under the terms of the bill the same as
if the carrier had issued the bill to that person.
(b) Superiority of Rights. - When a negotiable bill of lading is
negotiated to a person for value in good faith, that person's right
to the goods for which the bill was issued is superior to a
seller's lien or to a right to stop the transportation of the
goods. This subsection applies whether the negotiation is made
before or after the common carrier issuing the bill receives notice
of the seller's claim. The carrier may deliver the goods to an
unpaid seller only if the bill first is surrendered for
cancellation.
(c) Mortgagee and Lien Holder Rights Not Affected. - Except as
provided in subsection (b) of this section, this chapter does not
limit a right of a mortgagee or lien holder having a mortgage or
lien on goods against a person that purchased for value in good
faith from the owner, and got possession of the goods immediately
before delivery to the common carrier.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1347.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80105(a) 49 App.:111. Aug. 29, 1916, ch. 415,
Secs. 31, 39, 40, 39 Stat.
543, 544.
80105(b) 49 App.:119.
80105(c) 49 App.:120.
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In subsection (a)(1), before subclause (A), the word "duly" is
omitted as surplus.
In subsection (b), the words "right . . . is superior" are
substituted for "no . . . shall defeat the rights of" for clarity.
The words "right to stop the transportation" are substituted for
"right of stoppage in transitu" for clarity.
In subsection (c), the word "remedies" is omitted as being
included in "right". The words "whose mortgage or lien on goods
would be valid, apart from this chapter" are omitted as unnecessary
because of the restatement. The words "which are subject to the
mortgage or lien" are omitted as unnecessary.
-End-
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49 USC Sec. 80106 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80106. Transfer without negotiation
-STATUTE-
(a) Delivery and Agreement. - The holder of a bill of lading may
transfer the bill without negotiating it by delivery and agreement
to transfer title to the bill or to the goods represented by it.
Subject to the agreement, the person to whom the bill is
transferred has title to the goods against the transferor.
(b) Compelling Indorsement. - When a negotiable bill of lading is
transferred for value by delivery without being negotiated and
indorsement of the transferor is essential for negotiation, the
transferee may compel the transferor to indorse the bill unless a
contrary intention appears. The negotiation is effective when the
indorsement is made.
(c) Effect of Notification. - (1) When a transferee notifies the
common carrier that a nonnegotiable bill of lading has been
transferred under subsection (a) of this section, the carrier is
obligated directly to the transferee for any obligations the
carrier owed to the transferor immediately before the notification.
However, before the carrier is notified, the transferee's title to
the goods and right to acquire the obligations of the carrier may
be defeated by -
(A) garnishment, attachment, or execution on the goods by a
creditor of the transferor; or
(B) notice to the carrier by the transferor or a purchaser from
the transferor of a later purchase of the goods from the
transferor.
(2) A common carrier has been notified under this subsection only
if -
(A) an officer or agent of the carrier, whose actual or
apparent authority includes acting on the notification, has been
notified; and
(B) the officer or agent has had time, exercising reasonable
diligence, to communicate with the agent having possession or
control of the goods.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1348.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80106(a) 49 App.:109 (1st Aug. 29, 1916, ch. 415,
sentence). Secs. 29 (1st sentence), 32,
33, 39 Stat. 543.
49 App.:112 (1st
sentence).
80106(b) 49 App.:113.
80106(c) 49 App.:112
(2d-last sentences).
--------------------------------------------------------------------
In subsection (a), the words "without negotiating it" are added
for clarity.
In subsection (b), the text of 49 App.:113 (last sentence) is
omitted as unnecessary because of the words "the transferee may
compel the transferor".
In subsection (c)(1), before clause (A), the words "also acquires
the right to notify" and "by the transferor or transferee of a
straight bill" are omitted as unnecessary because of the
restatement.
-End-
-CITE-
49 USC Sec. 80107 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80107. Warranties and liability
-STATUTE-
(a) General Rule. - Unless a contrary intention appears, a person
negotiating or transferring a bill of lading for value warrants
that -
(1) the bill is genuine;
(2) the person has the right to transfer the bill and the title
to the goods described in the bill;
(3) the person does not know of a fact that would affect the
validity or worth of the bill; and
(4) the goods are merchantable or fit for a particular purpose
when merchantability or fitness would have been implied if the
agreement of the parties had been to transfer the goods without a
bill of lading.
(b) Security for Debt. - A person holding a bill of lading as
security for a debt and in good faith demanding or receiving
payment of the debt from another person does not warrant by the
demand or receipt -
(1) the genuineness of the bill; or
(2) the quantity or quality of the goods described in the bill.
(c) Duplicates. - A common carrier issuing a bill of lading, on
the face of which is the word "duplicate" or another word
indicating that the bill is not an original bill, is liable the
same as a person that represents and warrants that the bill is an
accurate copy of an original bill properly issued. The carrier is
not otherwise liable under the bill.
(d) Indorser Liability. - Indorsement of a bill of lading does
not make the indorser liable for failure of the common carrier or a
previous indorser to fulfill its obligations.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80107(a) 49 App.:114. Aug. 29, 1916, ch. 415,
Secs. 15, 34-36, 39 Stat.
541, 543.
80107(b) 49 App.:116.
80107(c) 49 App.:95.
80107(d) 49 App.:115.
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In subsection (a), before clause (1), the words "by indorsement
or delivery" are omitted as surplus. In clause (4), the words
"merchantability or fitness" are substituted for "such warranties",
and the words "the goods without a bill of lading" are substituted
for "without a bill the goods represented thereby", for clarity.
In subsection (b), before clause (1), the words "person holding"
are substituted for "mortgagee or pledgee or other holder" because
they are inclusive. The words "from another person" are substituted
for "whether from a party to a draft drawn for such debt or from
any other person" to eliminate unnecessary words. The words "does
not warrant by the demand or receipt" are substituted for "shall
not be deemed by so doing to represent or warrant" for clarity.
In subsection (c), the words "A common carrier issuing . . . is
liable" are substituted for "plainly shall impose upon the carrier
issuing the same the liability" for clarity and to eliminate
unnecessary words. The words "The carrier is not otherwise liable
under the bill" are substituted for "but no other liability" for
clarity.
In subsection (d), the word "respective" is omitted as
unnecessary.
-End-
-CITE-
49 USC Sec. 80108 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80108. Alterations and additions
-STATUTE-
An alteration or addition to a bill of lading after its issuance
by a common carrier, without authorization from the carrier in
writing or noted on the bill, is void. However, the original terms
of the bill are enforceable.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80108 49 App.:93. Aug. 29, 1916, ch. 415, Sec.
13, 39 Stat. 540.
--------------------------------------------------------------------
The word "erasure" is omitted as being included in "alteration".
The words "whatever be the nature and purpose of the change" are
omitted as surplus. The word "terms" is substituted for "tenor" for
clarity.
-End-
-CITE-
49 USC Sec. 80109 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80109. Liens under negotiable bills
-STATUTE-
A common carrier issuing a negotiable bill of lading has a lien
on the goods covered by the bill for -
(1) charges for storage, transportation, and delivery
(including demurrage and terminal charges), and expenses
necessary to preserve the goods or incidental to transporting the
goods after the date of the bill; and
(2) other charges for which the bill expressly specifies a lien
is claimed to the extent the charges are allowed by law and the
agreement between the consignor and carrier.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80109 49 App.:105. Aug. 29, 1916, ch. 415, Sec.
25, 39 Stat. 542.
--------------------------------------------------------------------
In this section, before clause (1), the word "If" is omitted as
surplus. The words "covered by the bill" are substituted for
"therein mentioned" for clarity. In clause (1), the words "charges
for storage, transportation, and delivery (including demurrage and
terminal charges)" are substituted for "all charges on those goods
for freight, storage, demurrage and terminal charges . . . and all
other charges incurred in transportation and delivery" as being
inclusive and to conform to section 7-307 of the Uniform Commercial
Code. In clause (2), the words "other charges for which the bill
expressly specifies a lien" are substituted for "unless the bill
expressly enumerates other charges for which a lien . . . In such
case there shall also be a lien for the charges enumerated" for
clarity.
-End-
-CITE-
49 USC Sec. 80110 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80110. Duty to deliver goods
-STATUTE-
(a) General Rules. - Except to the extent a common carrier
establishes an excuse provided by law, the carrier must deliver
goods covered by a bill of lading on demand of the consignee named
in a nonnegotiable bill or the holder of a negotiable bill for the
goods when the consignee or holder -
(1) offers in good faith to satisfy the lien of the carrier on
the goods;
(2) has possession of the bill and, if a negotiable bill,
offers to indorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for
delivery if requested by the carrier.
(b) Persons to Whom Goods May Be Delivered. - Subject to section
80111 of this title, a common carrier may deliver the goods covered
by a bill of lading to -
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if -
(A) the goods are deliverable to the order of that person; or
(B) the bill has been indorsed to that person or in blank by
the consignee or another indorsee.
(c) Common Carrier Claims of Title and Possession. - A claim by a
common carrier that the carrier has title to goods or right to
their possession is an excuse for nondelivery of the goods only if
the title or right is derived from -
(1) a transfer made by the consignor or consignee after the
shipment; or
(2) the carrier's lien.
(d) Adverse Claims. - If a person other than the consignee or the
person in possession of a bill of lading claims title to or
possession of goods and the common carrier knows of the claim, the
carrier is not required to deliver the goods to any claimant until
the carrier has had a reasonable time to decide the validity of the
adverse claim or to bring a civil action to require all claimants
to interplead.
(e) Interpleader. - If at least 2 persons claim title to or
possession of the goods, the common carrier may -
(1) bring a civil action to interplead all known claimants to
the goods; or
(2) require those claimants to interplead as a defense in an
action brought against the carrier for nondelivery.
(f) Third Person Claims Not a Defense. - Except as provided in
subsections (b), (d), and (e) of this section, title or a right of
a third person is not a defense to an action brought by the
consignee of a nonnegotiable bill of lading or by the holder of a
negotiable bill against the common carrier for failure to deliver
the goods on demand unless enforced by legal process.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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80110(a) 49 App.:88. Aug. 29, 1916, ch. 415,
Secs. 8, 9, 16-19, 39 Stat.
539, 541.
80110(b) 49 App.:89.
80110(c) 49 App.:96.
80110(d) 49 App.:98.
80110(e) 49 App.:97.
80110(f) 49 App.:99.
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In subsection (a), before clause (1), the words "Except to the
extent a common carrier establishes an excuse provided by law" are
substituted for "in the absence of some lawful excuse" and "In case
the carrier refuses or fails to deliver the goods, in compliance
with a demand by the consignee or holder so accompanied, the burden
shall be upon the carrier to establish the existence of a lawful
excuse for such refusal or failure" for clarity and to eliminate
unnecessary words. The word "must" is substituted for "is bound to"
for clarity. The words "if such a demand is accompanied by" are
omitted as unnecessary because of the restatement. In clause (1),
the word "lawful" is omitted as unnecessary because of the
restatement. In clause (2), the word "properly" is omitted as
surplus. In clause (3), the word "agrees" is substituted for "A
readiness and willingness" for clarity. The word "receipt" is
substituted for "acknowledgment" for consistency. The words "if
such signature" are omitted as unnecessary.
In subsection (b), before clause (1), the word "may" is
substituted for "is justified . . . in" because it is more
accurate. In clause (1), the word "entitled" is substituted for
"lawfully entitled" to eliminate an unnecessary word. In clause
(3), before subclause (A), the word "if" is substituted for "by the
terms of which" for clarity. In subclause (B), the words "another
indorsee" are substituted for "by the mediate or immediate indorsee
of the consignee" as being inclusive.
In subsection (c), before clause (1), the words "for his own
benefit" are omitted as surplus. The words "nondelivery of" are
substituted for "refusing to deliver" because they are more
accurate. The words "according to the terms of a bill issued for
them" are omitted as unnecessary. In clause (1), the words
"directly or indirectly" are omitted as unnecessary.
In subsection (d), the word "person" is substituted for "someone"
for consistency in this chapter. The words "claims title" are
substituted for "has a claim to the title" for consistency. The
words "is not required to" are substituted for "shall be excused
from liability for refusing to" for clarity. The words "any
claimant" are substituted for "either to the consignee or person in
possession of the bill or to the adverse claimant" to eliminate
unnecessary words. The words "civil action" are substituted for
"legal proceedings" for consistency with rule 2 of the Federal
Rules of Civil Procedure (28 App. U.S.C.).
In subsection (e), before clause (1), the words "at least 2" are
substituted for "more than one" for consistency in the revised
title and with other titles of the United States Code. In clause
(1), the words "civil action" are substituted for "an original
suit" for consistency with rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.). The words "whichever is appropriate"
are omitted as unnecessary.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 80111 of this title.
-End-
-CITE-
49 USC Sec. 80111 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80111. Liability for delivery of goods
-STATUTE-
(a) General Rules. - A common carrier is liable for damages to a
person having title to, or right to possession of, goods when -
(1) the carrier delivers the goods to a person not entitled to
their possession unless the delivery is authorized under section
80110(b)(2) or (3) of this title;
(2) the carrier makes a delivery under section 80110(b)(2) or
(3) of this title after being requested by or for a person having
title to, or right to possession of, the goods not to make the
delivery; or
(3) at the time of delivery under section 80110(b)(2) or (3) of
this title, the carrier has information it is delivering the
goods to a person not entitled to their possession.
(b) Effectiveness of Request or Information. - A request or
information is effective under subsection (a)(2) or (3) of this
section only if -
(1) an officer or agent of the carrier, whose actual or
apparent authority includes acting on the request or information,
has been given the request or information; and
(2) the officer or agent has had time, exercising reasonable
diligence, to stop delivery of the goods.
(c) Failure To Take and Cancel Bills. - Except as provided in
subsection (d) of this section, if a common carrier delivers goods
for which a negotiable bill of lading has been issued without
taking and canceling the bill, the carrier is liable for damages
for failure to deliver the goods to a person purchasing the bill
for value in good faith whether the purchase was before or after
delivery and even when delivery was made to the person entitled to
the goods. The carrier also is liable under this paragraph if part
of the goods are delivered without taking and canceling the bill or
plainly noting on the bill that a partial delivery was made and
generally describing the goods or the remaining goods kept by the
carrier.
(d) Exceptions to Liability. - A common carrier is not liable for
failure to deliver goods to the consignee or owner of the goods or
a holder of the bill if -
(1) a delivery described in subsection (c) of this section was
compelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier's
lien;
(3) the goods have not been claimed; or
(4) the goods are perishable or hazardous.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1350.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
80111(a) 49 App.:90 (less Aug. 29, 1916, ch. 415,
last par.). Secs. 10-12, 26, 39 Stat.
540, 542.
80111(b) 49 App.:90 (last
par.).
80111(c) 49 App.:91 (words
after 2d comma).
49 App.:92 (words
after 2d comma).
80111(d) 49 App.:91 (words
before 2d comma).
49 App.:92 (words
before 2d comma).
49 App.:106.
--------------------------------------------------------------------
In subsection (a), before clause (1), the word "title" is
substituted for "right of property" for consistency in this
chapter.
In subsection (c), the words "negotiable bill of lading" are
substituted for "order bill . . . the negotiation of which would
transfer the right to the possession of the goods" in 49 App.:91
for consistency in this chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 80110 of this title.
-End-
-CITE-
49 USC Sec. 80112 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80112. Liability under negotiable bills issued in parts, sets,
or duplicates
-STATUTE-
(a) Parts and Sets. - A negotiable bill of lading issued in a
State for the transportation of goods to a place in the 48
contiguous States or the District of Columbia may not be issued in
parts or sets. A common carrier issuing a bill in violation of this
subsection is liable for damages for failure to deliver the goods
to a purchaser of one part for value in good faith even though the
purchase occurred after the carrier delivered the goods to a holder
of one of the other parts.
(b) Duplicates. - When at least 2 negotiable bills of lading are
issued in a State for the same goods to be transported to a place
in the 48 contiguous States or the District of Columbia, the word
"duplicate" or another word indicating that the bill is not an
original must be put plainly on the face of each bill except the
original. A common carrier violating this subsection is liable for
damages caused by the violation to a purchaser of the bill for
value in good faith as an original bill even though the purchase
occurred after the carrier delivered the goods to the holder of the
original bill.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1351.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
80112(a) 49 App.:84. Aug. 29, 1916, ch. 415,
Secs. 4, 5, 39 Stat. 539.
80112(b) 49 App.:85.
--------------------------------------------------------------------
In this section, the words "48 contiguous States or the District
of Columbia" are substituted for "United States on the Continent of
North America, except Alaska and Panama" and the text of 49 App.:84
(proviso) and 85 (proviso) for clarity.
In subsection (a), the words "If so issued" and "described
therein" are omitted as surplus. The word "occurred" is added for
clarity.
-End-
-CITE-
49 USC Sec. 80113 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80113. Liability for nonreceipt, misdescription, and improper
loading
-STATUTE-
(a) Liability for Nonreceipt and Misdescription. - Except as
provided in this section, a common carrier issuing a bill of lading
is liable for damages caused by nonreceipt by the carrier of any
part of the goods by the date shown in the bill or by failure of
the goods to correspond with the description contained in the bill.
The carrier is liable to the owner of goods transported under a
nonnegotiable bill (subject to the right of stoppage in transit) or
to the holder of a negotiable bill if the owner or holder gave
value in good faith relying on the description of the goods in the
bill or on the shipment being made on the date shown in the bill.
(b) Nonliability of Carriers. - A common carrier issuing a bill
of lading is not liable under subsection (a) of this section -
(1) when the goods are loaded by the shipper;
(2) when the bill -
(A) describes the goods in terms of marks or labels, or in a
statement about kind, quantity, or condition; or
(B) is qualified by "contents or condition of contents of
packages unknown", "said to contain", "shipper's weight, load,
and count", or words of the same meaning; and
(3) to the extent the carrier does not know whether any part of
the goods were received or conform to the description.
(c) Liability for Improper Loading. - A common carrier issuing a
bill of lading is not liable for damages caused by improper loading
if -
(1) the shipper loads the goods; and
(2) the bill contains the words "shipper's weight, load, and
count", or words of the same meaning indicating the shipper
loaded the goods.
(d) Carrier's Duty To Determine Kind, Quantity, and Number. - (1)
When bulk freight is loaded by a shipper that makes available to
the common carrier adequate facilities for weighing the freight,
the carrier must determine the kind and quantity of the freight
within a reasonable time after receiving the written request of the
shipper to make the determination. In that situation, inserting the
words "shipper's weight" or words of the same meaning in the bill
of lading has no effect.
(2) When goods are loaded by a common carrier, the carrier must
count the packages of goods, if package freight, and determine the
kind and quantity, if bulk freight. In that situation, inserting in
the bill of lading or in a notice, receipt, contract, rule, or
tariff, the words "shipper's weight, load, and count" or words
indicating that the shipper described and loaded the goods, has no
effect except for freight concealed by packages.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1351.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
80113(a) 49 App.:102. Aug. 29, 1916, ch. 415, Sec.
22, 39 Stat. 542; restated
Mar. 4, 1927, ch. 510, Sec.
6, 44 Stat. 1450.
80113(b) 49 App.:101 (1st Aug. 29, 1916, ch. 415,
sentence). Secs. 20, 21, 39 Stat. 541.
80113(c) 49 App.:101 (last
sentence words
before proviso).
80113(d)(1) 49 App.:101 (last
sentence proviso).
80113(d)(2) 49 App.:100.
--------------------------------------------------------------------
In subsection (a), the words "a common carrier issuing a bill of
lading" are substituted for "If a bill of lading has been issued by
a carrier or on his behalf by an agent or employee the scope of
whose actual or apparent authority includes the receiving of goods
and issuing bills of lading therefor for transportation in commerce
among the several States and with foreign nations" to eliminate
unnecessary words and for consistency with section 80102 of the
revised title. The words "at the time of its issue" are omitted as
surplus.
In subsection (b), before clause (1), the words "A common carrier
issuing a bill of lading is not liable under subsection (a) of this
section" are substituted for "such statements, if true, shall not
make liable the carrier issuing the bill of lading" for clarity. In
clause (1), the word "goods" is substituted for "package freight or
bulk freight" for consistency in this chapter. In clause (2)(B),
the quoted words are placed in quotation marks for consistency and
to conform to section 7-301 of the Uniform Commercial Code. The
words " 'shipper's weight, load, and count' " are added for
consistency in this section.
In subsection (d)(1), the words "makes available to the common
carrier adequate facilities for weighing the freight" are
substituted for "installs and maintains adequate facilities for
weighing such freight, and the same are available to the carrier .
. . when given a reasonable opportunity so to do" to eliminate
unnecessary words. The words "In that situation, inserting the
words 'shipper's weight' or other words of the same meaning in the
bill of lading has no effect" are substituted for "and the carriers
shall not in such cases insert in the bill of lading the words
'Shipper's weight', or other words of like purport, and if so
inserted contrary to the provisions of this section, said words
shall be treated as null and void and as if not inserted therein"
for clarity and to eliminate unnecessary words.
In subsection (d)(2), the words "and such carrier shall not, in
such cases" are omitted as surplus. The words "In that situation .
. . has no effect" are substituted for 49 App.:100 (last sentence)
for clarity and to eliminate unnecessary words. The words "except
for freight concealed by packages" are substituted for "or in case
of bulk freight and freight not concealed by packages the
description made by him" for clarity and to eliminate unnecessary
words.
-End-
-CITE-
49 USC Sec. 80114 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80114. Lost, stolen, and destroyed negotiable bills
-STATUTE-
(a) Delivery on Court Order and Surety Bond. - If a negotiable
bill of lading is lost, stolen, or destroyed, a court of competent
jurisdiction may order the common carrier to deliver the goods if
the person claiming the goods gives a surety bond, in an amount
approved by the court, to indemnify the carrier or a person injured
by delivery against liability under the outstanding original bill.
The court also may order payment of reasonable costs and attorney's
fees to the carrier. A voluntary surety bond, without court order,
is binding on the parties to the bond.
(b) Liability to Holder. - Delivery of goods under a court order
under subsection (a) of this section does not relieve a common
carrier from liability to a person to whom the negotiable bill has
been or is negotiated for value without notice of the court
proceeding or of the delivery of the goods.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1352.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
80114(a) 49 App.:94 (1st Aug. 29, 1916, ch. 415, Sec.
par.). 14, 39 Stat. 540.
80114(b) 49 App.:94 (last
par.).
--------------------------------------------------------------------
In subsection (a), the word "If" is substituted for "Where" for
clarity. The words "upon satisfactory proof of such loss, theft, or
destruction" are omitted as unnecessary. The words "if the person
claiming the goods gives a surety bond" are substituted for "and
upon the giving of a bond, with sufficient surety" to clarify the
condition precedent to court approval of delivery. The words "in an
amount" are added for clarity. The word "indemnify" is substituted
for "protect" because it is more accurate. The words "against
liability under the outstanding original bill" are substituted for
"from any liability or loss incurred by reason of the original bill
remaining outstanding" for clarity. The words "surety bond" are
substituted for "indemnifying bond" for consistency in this
section.
-End-
-CITE-
49 USC Sec. 80115 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80115. Limitation on use of judicial process to obtain
possession of goods from common carriers
-STATUTE-
(a) Attachment and Levy. - Except when a negotiable bill of
lading was issued originally on delivery of goods by a person that
did not have the power to dispose of the goods, goods in the
possession of a common carrier for which a negotiable bill has been
issued may be attached through judicial process or levied on in
execution of a judgment only if the bill is surrendered to the
carrier or its negotiation is enjoined.
(b) Delivery. - A common carrier may be compelled by judicial
process to deliver goods under subsection (a) of this section only
when the bill is surrendered to the carrier or impounded by the
court.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
80115(a) 49 App.:103 (1st Aug. 29, 1916, ch. 415, Sec.
sentence). 23, 39 Stat. 542.
80115(b) 49 App.:103 (last
sentence).
--------------------------------------------------------------------
In subsection (a), the words "Except when a negotiable bill of
lading was issued originally on delivery of goods by a person that
did not have the power to dispose of the goods, goods . . . may be
attached . . . only if" are substituted for "If goods are delivered
to a carrier by the owner or by a person whose act in conveying the
title to them to a purchaser for value in good faith would bind the
owner . . . they can not thereafter . . . be attached . . . unless"
to restate the source provision as an exception to conform to
section 7-602 of the Uniform Commercial Code. The words "through
judicial process" are substituted for "by garnishment or
otherwise", and the words "levied on in execution of a judgment"
are substituted for "levied upon under an execution", for clarity.
-End-
-CITE-
49 USC Sec. 80116 01/06/03
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
-HEAD-
Sec. 80116. Criminal penalty
-STATUTE-
A person shall be fined under title 18, imprisoned for not more
than 5 years, or both, if the person -
(1) violates this chapter with intent to defraud; or
(2) knowingly or with intent to defraud -
(A) falsely makes, alters, or copies a bill of lading subject
to this chapter;
(B) utters, publishes, or issues a falsely made, altered, or
copied bill subject to this chapter; or
(C) negotiates or transfers for value a bill containing a
false statement.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
80116 49 App.:121. Aug. 29, 1916, ch. 415, Sec.
41, 39 Stat. 544.
--------------------------------------------------------------------
In this section, before clause (1), the words "fined under title
18" are substituted for "a fine not exceeding $5,000", and the
words "shall be guilty of a misdemeanor" are omitted, for
consistency with title 18. The words "upon conviction . . .
punished for each offense" are omitted as unnecessary because of
the restatement. Clause (1) is substituted for "or who, with intent
to defraud, violates, or fails to comply with, or aids in any
violation of, or failure to comply with any provision of this
chapter" for clarity and because of 18:2. In clause (2)(A), the
words "forges, counterfeits" are omitted as being included in
"makes". The word "copies" is substituted for "prints or
photographs" for clarity. The words "bill of lading subject to this
chapter" are substituted for "bill of lading purporting to
represent goods received for shipment among the several States or
with foreign nations" for clarity and for consistency with section
80102 of the revised title. Clause (2)(B) is substituted for
"utters or publishes as true and genuine any such falsely altered,
forged, counterfeited, falsely printed or photographed bill of
lading . . . or issues" to eliminate unnecessary words and for
consistency in this section. The words "knowing it to be falsely
altered, forged, counterfeited, falsely printed or photographed"
are omitted as unnecessary because of the restatement of the intent
required to commit the crime. The words "or aids in making,
altering, forging, counterfeiting, printing or photographing, or
uttering or publishing the same . . . or aids in issuing or
procuring the issue of" are omitted as surplus because of 18:2. The
words "as to the receipt of the goods, or as to any other matter"
are omitted as unnecessary.
-End-
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