Law

Journal: From the Bar

Lease-to-own provisions in independent contractor agreement   Q We have a purchase program set up with independent vendors that allows our owner-operators to purchase used trucks. We facilitate the transaction by deducting truck payments from the owner-operators ...

Journal — From the Bar

Withholding freight charges awaiting after-the-fact contracts Q We are a large transactional broker that references our service terms and conditions on our load confirmation sheet. We have handled a series of shipments for a large shipper ...

Journal — From the Bar

Who’s holding the bag?   Q We are a carrier that transported a shipment for a consignor that was damaged in transit. The consignee filed a claim for the destination market value. Our cargo insurer refuses to ...

Journal from the Bar

Determining crash accountability is no easy answer   Q Will the Federal Motor Carrier Safety Administration revise its Crash Indicator BASIC in CSA to measure only preventable crashes in SMS methodology? A Yes, FMCSA has announced that it ...

Law

Intermodal moves make for messy law Structure of relationships governs your liability Q  Our company acts as a freight forwarder, an indirect air carrier and a nonvessel operating common carrier. I have asked around, and no one ...

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Law

Time is on your side – or not Deadlines on claims are governed by federal law By Henry Seaton Q  As a shipper, we are being dunned for waiver of discount by a less-than-truckload carrier for shipments that ...

Law

The sky need not be the limit Carriers should manage cargo liability actively By Henry Seaton Q  We are a small carrier that maintains $100,000 per occurrence in cargo insurance. How do we limit our liability for loss ...

Law

The injustice of just-in-time Penalizing carriers for missing appointments opens the door to vicarious liability Q  We are a carrier, and our major shipper has asked us to sign a new contract that provides we will be ...

Law

Authority to operate is what matters Settlement confirms that FMCSA – not its data – decides Q  I have read the press release concerning alerts in the Safety Measurement System database, and I have been in conversations ...

Law

Don’t discount the CSA settlement FMCSA reaffirms that determining carrier fitness is its job Q Even after the settlement of NASTC et al. v. FMCSA, our insurer is still advising brokers and shippers to use SMS methodology ...

Law

Treating brokers as carriers is risky business Brokers should be considered just arrangers, not providers Q  I think a big issue for brokers is getting shippers to draft a contract that make us arrangers of transportation and ...

Law

What if there is no contract? Carriers should understand the default rules of the road Q We hauled a load for a shipper based upon a simple load confirmation sheet from a broker that had only the ...

Law

FMCSA should delay CSA 2010 release Vicarious liability, misused data are a bad mix   By Henry Seaton Q  We heard that on behalf of some small trade associations you have opposed implementation of Comprehensive Safety Analysis 2010. If ...

Law

Are you working your CSA numbers? Vicarious liability has shippers, brokers worrying By Henry Seaton Q  We are a motor carrier and operate about three dozen over-the-road trucks, including company equipment and owner-operators. We are heavily dependent on ...

Law

Don't throw the broker out with the bathwater Hiking the bond requirement won’t fix industry’s ills   Q  We are a small carrier who occasionally hires other companies to transport our hometown shipper’s freight when its need for ...


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