• Shippers Beware: The Proposed New Motor Carrier Standard Bill of Lading Form
  • January 18, 2017 | Author: Michael M. Briley
  • Law Firm: Shumaker, Loop & Kendrick, LLP - Toledo Office
  • There has always been a “battle” between motor carriers and shippers around the issue of applicable bill of lading (“BOL”) forms. With primarily respect to less-than truckload (“LTL”) carriers who participate in the National Motor Freight Classification (“NMFC”) tariff, many such carriers attempt to use the standard NMFC BOL which incorporates by reference the published tariff which contains specific (and often severe) limitations on the cargo damage and loss claims liability of the motor carriers. Since shippers rarely actually receive or read the substantial NMFC tariff itself, by agreeing to a carrier BOL they often find themselves subject to severe claims limitations, much to their surprise and chagrin. The NMFC tariff is written by the NMF Conference which is, of course, dominated by carriers with a desire to downwardly limit their exposure to claims for cargo damage and loss.