Table of Contents
The Hazard Bill of Lading form is a crucial document in the transportation of hazardous materials, ensuring that both shippers and carriers adhere to safety and regulatory standards. This form serves multiple purposes, beginning with the identification of the shipper and consignee, as well as the specific details of the hazardous materials being transported. Key sections of the form outline the responsibilities of the carrier, including the requirement to transport the materials in compliance with federal regulations. The form also includes vital information such as the weight, class, and description of the hazardous articles, which are essential for proper handling and emergency response. Additionally, it addresses payment terms, including whether charges are prepaid or collect, and stipulates the liability limitations for loss or damage during transit. By signing the form, the shipper acknowledges the terms and conditions laid out, which include important clauses regarding the handling of hazardous goods and the implications of misrepresentation. Understanding the intricacies of the Hazard Bill of Lading is essential for anyone involved in the shipping of hazardous materials, as it not only facilitates compliance with legal requirements but also enhances safety during transportation.
Documents used along the form
The Hazard Bill of Lading form plays a crucial role in the transportation of hazardous materials. However, it is often accompanied by several other important documents that help ensure compliance with regulations and facilitate safe transport. Below is a list of these documents, each serving a unique purpose in the shipping process.
- Material Safety Data Sheet (MSDS): This document provides detailed information about the properties, hazards, and safe handling of hazardous materials. It is essential for informing workers and emergency responders about the risks associated with the materials being transported.
- Shipping Papers: These documents include details about the shipment, such as the type of hazardous materials, their quantities, and emergency contact information. They must be readily accessible during transport for regulatory compliance and safety.
- Emergency Response Guidebook (ERG): This guide assists emergency responders in quickly identifying hazardous materials and determining appropriate response measures in the event of an incident during transportation.
- Certificate of Compliance: This document certifies that the hazardous materials have been packaged and labeled according to regulatory requirements. It is often required to ensure that all safety measures have been followed.
- Commercial Lease Agreement: Essential for any business tenant in California, this legal document outlines the terms for renting commercial property and can be found at https://califroniatemplates.com.
- Driver Training Certification: This certificate confirms that the driver has received the necessary training to handle hazardous materials safely. It ensures that the individual transporting the materials is knowledgeable about the regulations and safety procedures.
- Hazardous Waste Manifest: For shipments involving hazardous waste, this manifest tracks the waste from its point of origin to its final disposal site. It ensures accountability and compliance with environmental regulations.
- Consignment Note: This document serves as a receipt for the goods being transported and includes information about the shipper, consignee, and the nature of the goods. It helps in tracking the shipment and ensuring that it reaches the intended destination.
Each of these documents plays a vital role in the safe and compliant transportation of hazardous materials. Understanding their functions can help shippers, carriers, and recipients navigate the complexities of hazardous material transport more effectively.
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Girlfriend Application Funny - Looking for someone who enjoys both fun and intellectual pursuits.
Hazard Bill Of Ladden Example
®, Neenah, WI • USA • (800) |
HAZARDOUS MATERIALS |
ASSOCIATES, INC. |
CONTAINS |
© Copyright 2010 J. J. KELLER & |
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CONTAINS HAZARDOUS MATERIALS
STRAIGHT BILL OF LADING – ORIGINAL – NOT NEGOTIABLE
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Shipper’s No. |
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Carrier |
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SCAC |
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TO: |
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FROM: |
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Consignee |
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Shipper |
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Destination |
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Origin |
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Route |
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U.S. DOT Hazmat Reg. No. |
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Number and Type |
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I.D. |
Description of Articles |
Hazard |
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Total Quantity |
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Class or |
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of Packages |
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activity) |
correction) |
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CONTAINS HAZARDOUS MATERIALS
Remit COD to: |
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Subject to Section 7 of conditions, if this |
COD AMT: |
COD FEE: |
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shipment is to be delivered to the consignee |
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Address: |
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without recourse on the consignor, the |
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consignor shall sign the following statement: |
Prepaid |
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City: |
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The carrier shall not make delivery of this |
$ |
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shipment without payment of freight and all |
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□ $ |
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other lawful charges. |
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NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing |
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TOTAL CHARGES: |
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FREIGHT CHARGES: |
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the agreed or declared value of the property. The agreed or declared value of the property is |
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hereby specifically stated by the shipper to be not exceeding $ |
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(Signature of Consignor) |
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RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated above, which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns.
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NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. |
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PLACARDS |
□ BY SHIPPER |
□ BY CARRIER |
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14706(c)(1)(A) and (B). |
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PLACARDS |
SUPPLIED |
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This is to certify that the |
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REQUIRED |
DRIVER’S |
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and labeled, and are in proper condition for transportation according to the applicable regulations of |
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the Department of Transportation. Per |
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SIGNATURE: |
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SHIPPER: |
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CARRIER: |
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PER: |
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PER: |
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DATE: |
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EMERGENCY RESPONSE |
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NAME OR CONTRACT NUMBER |
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TELEPHONE NUMBER: |
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OR OTHER UNIQUE IDENTIFIER: |
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CONTAINS HAZARDOUS MATERIALS 1
TERMS AND CONDITIONS
By giving the carrier the property described in this bill of lading (the “Property”), you agree to all of the terms of this bill of lading.
Section 1 Limitations of Liability
(a)The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided.
(b)The carrier shall not be liable for loss of, damage to or delay in delivery of the Property:
(i)caused by an act of God, the public enemy, the authority of law, or any act or default by you and/or the owner of the Property, or for natural shrinkage.
(ii)occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request.
(iii)resulting from a defect or vice in the Property, or from riots or strikes.
(c)To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence.
Section 2 Filing of Claims
(a)Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid.
(b)The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property.
Section 3 Method of Transportation
Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination.
Section 4 Responsibility for Property
(a)If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier’s responsibility shall be that of a warehouseman only.
(b)Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may be designated by the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition.
(c)If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property.
(d)If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law.
(e)The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder.
(f)If you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent, the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location.
Section 5 Valuable Items
(a)The carrier’s liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you.
(b)The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
Section 6 Joint Liability for Hazardous Goods
You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner’s risk and expense or destroyed without compensation.
Section 7 Freight Charges and Payment
(a)You are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706.
(b)Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped.
Section 8 Effect of Shipper Signature
If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper’s signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading.
Section 9 Transport by Water
If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier’s bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable.
©Copyright 2009 J. J. KELLER & ASSOCIATES, INC.®, Neenah, WI • USA • (800)
FAQ
What is the Hazard Bill of Lading form?
The Hazard Bill of Lading form is a document used in the transportation of hazardous materials. It provides important information about the shipment, including the type of hazardous materials being transported, the shipper and consignee details, and any special handling instructions. This form ensures compliance with federal regulations for the safe transport of hazardous goods.
Who needs to use this form?
Any shipper or carrier involved in the transportation of hazardous materials must use the Hazard Bill of Lading form. This includes businesses that manufacture, package, or transport hazardous materials, as well as carriers that handle these shipments. Using this form helps ensure safety and regulatory compliance.
What information is required on the form?
The form requires several key pieces of information, including:
- Shipper and consignee names and addresses
- Description of the hazardous materials
- Quantity and weight of the shipment
- Any special handling instructions
- Payment terms, such as prepaid or collect
Accurate completion of this information is crucial for safe transportation.
What are the consequences of not using this form?
Failure to use the Hazard Bill of Lading form when required can lead to serious consequences. These may include fines, legal liabilities, and delays in shipment. Additionally, without proper documentation, carriers may refuse to transport the materials, putting your business operations at risk.
How long is the form valid?
The Hazard Bill of Lading form is valid for the duration of the shipment. However, claims for loss or damage must be filed within nine months of delivery. If a claim is not filed within this timeframe, it may not be honored.
What should I do if there is a loss or damage during shipment?
If there is a loss or damage during shipment, you must file a written claim with the carrier within nine months of delivery. Be sure to include all necessary details about the shipment and the nature of the loss or damage. If the claim is not filed properly, the carrier may not be liable for the loss.
Can I change the details on the form after it has been completed?
Changes to the Hazard Bill of Lading form should be made with caution. If you need to update any details, it is best to issue a new form rather than altering the original. This helps maintain clear and accurate records for both the shipper and carrier.
What happens if the consignee refuses the shipment?
If the consignee refuses the shipment, the carrier may store the property at the owner's expense or sell it at auction after notifying the shipper. The carrier will make reasonable efforts to inform the shipper about the refusal and seek instructions on how to proceed.
Is there a limit to the liability of the carrier?
Yes, the carrier's liability for loss or damage is typically limited to the lesser of the actual damages or the declared value of the property as stated on the bill of lading. It is important to declare the value accurately to ensure proper coverage.
Where can I find more information about regulations related to hazardous materials?
More information about regulations related to hazardous materials can be found on the U.S. Department of Transportation's website. They provide comprehensive resources and guidelines for shippers and carriers to ensure compliance with safety standards.
Key takeaways
When filling out and using the Hazard Bill of Lading form, it is essential to keep the following key takeaways in mind:
- Accurate Information: Ensure that all details, including shipper and consignee information, are filled out correctly to avoid delivery issues.
- Hazardous Materials: Clearly indicate if the shipment contains hazardous materials. This is crucial for compliance with safety regulations.
- Freight Charges: Be aware of the freight charges and payment responsibilities. Specify if the shipment is prepaid or collect.
- Liability Limitations: Understand the limitations of liability for loss or damage. Familiarize yourself with the relevant sections of the law.
- Claims Filing: If there is a loss or damage, claims must be filed in writing within nine months of delivery or the expected delivery date.
- Emergency Response: Include an emergency response contact name and number on the form for quick access in case of incidents.
- Signatures Required: Ensure that the form is signed by both the shipper and the carrier to validate the agreement.
- Storage and Handling: Be aware that if the property is not picked up in a timely manner, the carrier may charge storage fees or sell the property.
- Compliance with Regulations: Confirm that the shipment complies with all applicable regulations set by the Department of Transportation.
By keeping these points in mind, you can navigate the complexities of the Hazard Bill of Lading form more effectively and ensure a smoother shipping process.
Form Characteristics
| Fact Name | Description |
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| Form Title | Hazardous Materials Straight Bill of Lading – Original – Not Negotiable |
| Governing Law | Subject to federal regulations and state-specific laws, including 49 U.S.C. |
| Purpose | This form is used for the transportation of hazardous materials. |
| Liability Limitations | Carrier liability for loss or damage may be limited under the Carmack Amendment. |
| Claim Filing Period | Claims for loss or damage must be filed within nine months of delivery. |
| Emergency Response | Emergency response information must be included, such as contact numbers. |
| Payment Responsibility | The shipper is primarily responsible for freight and other lawful charges. |
| Joint Liability | Shippers and owners are jointly liable for hazardous goods without prior notice. |
| Transport by Water | Liability during water transport is governed by the Harter Act or Carriage of Goods By Sea Act. |