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How late is too late?

A Florida bill to ban the use of retreaded tires by most trucks in the state is now a dead issue. Bill S912 would have prohibited the use of retreaded tires on truck tractors, pole trailers or semitrailers operated on Florida’s public roads, streets or highways. A required House companion bill was not forthcoming by the deadline in late March.

A New Jersey truck driver who suffered brain injuries when he slipped on an ice-covered parking lot where his trailer was parked in February 2002 has settled a negligence lawsuit against Ryder Truck Rental and a snow-removal firm for $7 million.

J. McDaniel Transportation, based in Newton, Ill., will pay a $25,000 fine to help fund natural resource restoration projects as a result of a gasoline spill from a
tanker-truck accident near McLean, Va., on April 3, 2001, that caused a four-mile fish kill in nearby Sugar Creek. Illinois Attorney General Lisa Madigan negotiated the agreement on behalf of the state’s Environmental Protection Agency and Department of Natural Resources.

Del Monte Foods Co. said an arbitrator ruled it must reimburse Pacer Global Logistics an undisclosed amount to cover hauling and fuel charges incurred on the canned fruit and vegetables company’s behalf between May 1, 2005, and April 30, 2006, that were above benchmarked rates set in a contract, plus interest.

Q We have a load of bread that was transported 1,200 miles. I would expect this normally would take three days, but in this case it took seven business days. The bill of lading did not specify a particular “delivery by” date, but would this still be considered reasonable dispatch?

A “Reasonable dispatch” is a bill of lading term that sets the legal standard for measuring liability for delay in delivery in the absence of an agreement to the contrary. The standard language on the bill of lading defines reasonable dispatch as:

“Unless arranged or agreed upon, in writing, prior to shipment, carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport with reasonable dispatch.”