Jump Links
Misconceptions
Understanding the Hazard Bill of Lading form is crucial for anyone involved in shipping hazardous materials. However, there are several common misconceptions that can lead to confusion. Here’s a list of seven misconceptions along with clarifications to help you navigate this important document.
- All shipments require a Hazard Bill of Lading. Not every shipment needs this specific form. It is only necessary for transporting hazardous materials. If your shipment does not contain such materials, a standard bill of lading suffices.
- Filling out the form is optional. This is not true. Properly completing the Hazard Bill of Lading is mandatory when shipping hazardous materials. It ensures compliance with safety regulations and protects all parties involved.
- The carrier is always liable for damages. Liability can be limited under certain conditions. The carrier may not be responsible for loss or damage due to acts of God, public enemies, or defects in the property itself. Understanding these limitations is essential.
- Hazardous materials can be shipped without prior notification. This is a misconception. Shippers must notify the carrier in writing about the nature of the hazardous materials. Failure to do so can lead to serious consequences, including liability for any resulting damages.
- Once the bill of lading is signed, the shipper cannot make changes. This is incorrect. While it is best to have accurate information from the start, changes can be made if both parties agree. However, it’s important to document any modifications properly.
- The bill of lading guarantees delivery by a specific date. This is misleading. While carriers aim to deliver on time, unforeseen circumstances can delay shipments. The bill of lading does not guarantee a specific delivery date unless explicitly stated.
- All hazardous materials are treated the same. This is not accurate. Different types of hazardous materials have varying regulations and handling procedures. The Hazard Bill of Lading must accurately reflect the specific type of hazardous material being shipped.
By understanding these misconceptions, shippers can better navigate the complexities of transporting hazardous materials. Always ensure that you are informed and compliant with the regulations surrounding your shipments.
File Details
| Fact Name | Fact Description |
|---|---|
| Origin | The Hazardous Materials Straight Bill of Lading is printed in Neenah, WI, USA. |
| Non-Negotiable | This bill of lading is labeled as "NOT NEGOTIABLE," meaning it cannot be transferred to another party. |
| Hazardous Materials | The form is specifically designed for shipments containing hazardous materials, ensuring compliance with regulations. |
| Emergency Response | Shippers must provide an emergency response contact name or contract number and a telephone number. |
| Liability Limitations | Liability for loss or damage may be limited according to the Carmack Amendment and requires written declaration of value. |
| Claims Filing | Claims for loss or damage must be filed in writing within nine months after delivery or after a reasonable time for delivery. |
| Freight Charges | The shipper is primarily responsible for freight and lawful charges unless otherwise stated on the bill. |
| State-Specific Regulations | Compliance with all applicable state and federal regulations is mandatory for hazardous materials shipments. |
| Transport by Water | If the property is transported by water, liability will be governed by the carrier’s bill of lading and relevant maritime laws. |
Key takeaways
Filling out and using the Hazard Bill of Lading form requires attention to detail. Here are six key takeaways to keep in mind:
- Accurate Information: Ensure all details, such as shipper and consignee addresses, are correct. Errors can lead to delays or misdelivery.
- Hazardous Materials: Clearly identify any hazardous materials being shipped. Proper classification and labeling are crucial for safety and compliance.
- Liability Awareness: Understand the limitations of liability. The carrier's responsibility may be limited based on the declared value of the shipment.
- Claims Filing: Be aware of the timeline for filing claims. Claims must be submitted in writing within nine months of delivery or failure to deliver.
- Payment Responsibilities: Know who is responsible for freight charges. The shipper is generally liable unless otherwise stated on the form.
- Signature Importance: The shipper's signature is significant. It indicates agreement to the terms and conditions outlined in the bill of lading.
Dos and Don'ts
When filling out the Hazard Bill of Lading form, it is essential to ensure accuracy and compliance with regulations. Below are five important dos and don'ts to consider:
- Do provide accurate descriptions of the hazardous materials being shipped.
- Do include the correct quantity and weight of the materials.
- Do ensure that all required signatures are obtained before submission.
- Do check for any specific regulations that apply to the materials being transported.
- Do keep a copy of the completed form for your records.
- Don’t omit any information regarding the nature of the hazardous materials.
- Don’t forget to indicate the correct payment terms, such as prepaid or collect.
- Don’t use vague language that could lead to misinterpretation of the shipment details.
- Don’t ignore the need for proper labeling and placarding of hazardous materials.
- Don’t submit the form without verifying that all fields are completed accurately.
Common mistakes
-
Incomplete Information: Failing to fill out all required fields can lead to delays or even rejection of the shipment. Ensure that every section, from shipper details to consignee information, is complete.
-
Incorrect Hazard Class: Misclassifying the type of hazardous material can have serious consequences. It is essential to accurately identify the hazard class to comply with safety regulations.
-
Omitting Weight and Quantity: Not providing the total weight and quantity of hazardous materials can create logistical issues. Always double-check these figures for accuracy.
-
Ignoring Special Instructions: Each shipment may have unique requirements. Failing to follow specific instructions or regulations related to hazardous materials can lead to fines or accidents.
-
Signature Errors: The bill of lading must be signed by the consignor. Missing or incorrect signatures can invalidate the document, leading to complications during transit.
-
Improper Packaging Details: Not describing the packaging adequately can result in mishandling. Clearly state how the materials are packaged to ensure safe transport.
-
Failure to Declare Value: If the value of the shipment is not declared, it may limit the liability of the carrier in case of loss or damage. Always specify the agreed or declared value of the property.
What You Should Know About This Form
-
What is the Hazard Bill of Lading form?
The Hazard Bill of Lading form is a legal document used in the transportation of hazardous materials. It serves as a receipt for the goods being shipped and outlines the terms and conditions under which the carrier agrees to transport these materials. This form ensures that all parties involved are aware of the nature of the goods and the associated risks, thereby promoting safety during transportation.
-
Who is responsible for filling out the Hazard Bill of Lading form?
The shipper is primarily responsible for accurately completing the Hazard Bill of Lading form. This includes providing detailed information about the hazardous materials, such as their classification, packaging, and weight. It is essential that the shipper ensures all information is correct to avoid any potential legal issues or safety hazards during transport.
-
What are the implications of signing the Hazard Bill of Lading?
By signing the Hazard Bill of Lading, the shipper agrees to all the terms and conditions outlined in the document. This includes accepting liability for any loss or damage that may occur during transport, especially if the materials are not properly classified or if there is a failure to provide necessary information. It is crucial for shippers to understand that they may be held responsible for any incidents arising from the shipment of hazardous materials.
-
What should be done if there is a loss or damage to the property during transport?
If loss or damage occurs, the shipper must file a claim in writing with the carrier within nine months of delivery. This claim must detail the nature of the loss or damage. Failure to adhere to this timeline may result in the carrier not being liable for the loss. It is advisable for shippers to keep thorough records and documentation related to the shipment to support their claims.
-
What are the potential liabilities associated with shipping hazardous materials?
Shipping hazardous materials carries significant liabilities. The shipper, as well as any agent involved, may be jointly responsible for any damages caused by the shipment. This includes costs related to the improper handling or classification of hazardous goods. In some cases, the carrier may have the right to warehouse or destroy hazardous materials at the shipper's expense if they are refused or not claimed in a timely manner.
Hazard Bill Of Ladden Example
®, Neenah, WI • USA • (800) |
HAZARDOUS MATERIALS |
ASSOCIATES, INC. |
CONTAINS |
© Copyright 2010 J. J. KELLER & |
|
CONTAINS HAZARDOUS MATERIALS
STRAIGHT BILL OF LADING – ORIGINAL – NOT NEGOTIABLE
|
|
|
|
|
|
Shipper’s No. |
|
|
|
|
|
Carrier |
|
|
|
|
|
Carrier’s No. |
|
|
|
|
|
|
|
|
SCAC |
|
|
Date |
|
|
|||
TO: |
|
|
|
FROM: |
|
|
|
|
|
|
|
Consignee |
|
|
|
Shipper |
|
|
|
|
|
|
|
Street |
|
|
|
Street |
|
|
|
|
|
|
|
Destination |
|
|
Zip |
Origin |
|
|
|
|
Zip |
|
|
Route |
|
|
|
|
|
Vehicle Number |
|
|
U.S. DOT Hazmat Reg. No. |
||
|
|
|
|
|
|
|
|
|
|
|
|
Number and Type |
HM |
I.D. |
Description of Articles |
Hazard |
Pkg. |
Total Quantity |
Weight |
Class or |
|||
of Packages |
Number |
Class |
Grp. |
(mass, volume, or |
(subject to |
Rate |
|||||
|
|
|
|
|
activity) |
correction) |
|||||
|
|
|
|
|
|
|
|
|
|
||
CONTAINS HAZARDOUS MATERIALS
Remit COD to: |
|
|
Subject to Section 7 of conditions, if this |
COD AMT: |
COD FEE: |
||||
|
|
shipment is to be delivered to the consignee |
|||||||
Address: |
|
|
without recourse on the consignor, the |
|
□ |
|
|||
|
|
consignor shall sign the following statement: |
Prepaid |
|
|||||
City: |
State: |
Zip: |
The carrier shall not make delivery of this |
$ |
|
|
|||
shipment without payment of freight and all |
|
Collect |
□ $ |
|
|||||
|
|
|
other lawful charges. |
|
|
|
|
||
NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing |
|
TOTAL CHARGES: |
|
||||||
|
|
FREIGHT CHARGES: |
|||||||
the agreed or declared value of the property. The agreed or declared value of the property is |
|
$ |
|
|
|||||
hereby specifically stated by the shipper to be not exceeding $ |
Per |
(Signature of Consignor) |
|
|
□ Prepaid |
□ Collect |
|||
|
|
||||||||
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.
|
NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. |
|
|
PLACARDS |
□ BY SHIPPER |
□ BY CARRIER |
||
|
14706(c)(1)(A) and (B). |
|
|
PLACARDS |
SUPPLIED |
|||
|
This is to certify that the |
|
|
|||||
|
REQUIRED |
DRIVER’S |
|
|
||||
|
and labeled, and are in proper condition for transportation according to the applicable regulations of |
|
|
|||||
|
the Department of Transportation. Per |
|
|
|
|
SIGNATURE: |
|
|
|
|
|
|
|
|
|
|
|
|
SHIPPER: |
|
|
|
CARRIER: |
|
|
|
|
PER: |
DATE: |
|
PER: |
|
DATE: |
|
|
|
|
|
|
|
|
|
|
|
|
EMERGENCY RESPONSE |
|
|
NAME OR CONTRACT NUMBER |
|
|
||
|
TELEPHONE NUMBER: |
|
|
OR OTHER UNIQUE IDENTIFIER: |
|
|
||
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)
Consider More Forms
Da - The quantity field ensures that everyone is aware of how many items are in custody.
When engaging in a rental agreement in Florida, it is essential to utilize the Florida Residential Lease Agreement form, as it not only clarifies the relationship between landlord and tenant but also helps prevent misunderstandings. For those looking to obtain this critical document, resources such as All Florida Forms can be invaluable in ensuring that both parties are aware of their rights and obligations.
Whats a D1 Form - The D1 DVLA form is used to apply for a driving licence in the UK.
Uscis I-589 - Applicants should consider consulting an asylum expert for guidance on the I-589.