Structure
Misconceptions
Understanding the Hazard Bill of Lading can be tricky, and there are several misconceptions that often arise. Here are six common misunderstandings:
- It’s only for hazardous materials. Many believe this bill of lading is exclusively for hazardous materials. While it prominently features hazardous materials, it can also be used for non-hazardous goods.
- Once signed, it cannot be changed. Some think that once the form is signed, no modifications can be made. In reality, changes can be made if all parties agree, but it’s important to document any alterations properly.
- The carrier is always liable for loss or damage. Many assume the carrier is responsible for any loss or damage. However, liability can be limited under certain conditions, such as acts of God or other unforeseen events.
- It guarantees delivery by a specific date. There’s a misconception that this form guarantees delivery on a specific date. In truth, while carriers strive for timely delivery, they are not bound to specific timelines unless explicitly stated in the agreement.
- All charges are included in the bill. Some believe that the bill covers all potential charges. However, additional fees may apply, especially if the shipment is reconsigned or diverted.
- It’s unnecessary for non-hazardous shipments. Lastly, some think that if their shipment isn’t hazardous, they don’t need a bill of lading. This form serves as a crucial document for all shipments, ensuring that all parties are clear about the terms and conditions.
By clearing up these misconceptions, shippers can navigate the complexities of the Hazard Bill of Lading with greater confidence.
Detailed Steps for Filling Out Hazard Bill Of Ladden
Completing the Hazard Bill of Lading form is an essential step in ensuring that hazardous materials are transported safely and in compliance with regulations. Following these instructions will help you accurately fill out the form, which is necessary for the shipment process.
- Shipper Information: Enter the shipper's name and address in the designated fields. Include the shipper's number if applicable.
- Carrier Information: Fill in the carrier's name and carrier's number. Provide the SCAC code if available.
- Date: Write the date of shipment in the specified area.
- Consignee Information: Provide the name and address of the consignee, including the destination zip code.
- Origin Information: Fill in the shipper's address, including the origin zip code.
- Route: Specify the intended route for the shipment.
- Vehicle Number: Enter the vehicle number that will transport the hazardous materials.
- U.S. DOT Hazmat Reg. No: Include the Department of Transportation hazardous materials registration number.
- HM I.D.: Fill in the hazardous materials identification number.
- Description of Articles: Clearly describe the hazardous materials being shipped, including the number and type of packages.
- Total Quantity: Indicate the total quantity of hazardous materials in terms of mass or volume.
- Weight Class: Specify the weight class of the shipment.
- Freight Charges: Indicate whether the shipment is prepaid or collect and specify the total charges and any COD amounts, if applicable.
- Signature of Consignor: The consignor must sign and date the form to acknowledge the information provided.
- Emergency Response Information: Include the emergency response name or contract number and a telephone number for emergencies.
After completing the form, it is crucial to review all entries for accuracy. Ensure that all required fields are filled out correctly to avoid any delays or issues during transportation. Once verified, submit the form as part of your shipping documentation.
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®, 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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Carrier’s No. |
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SCAC |
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Date |
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TO: |
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FROM: |
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Consignee |
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Shipper |
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Street |
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Street |
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Destination |
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Zip |
Origin |
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Zip |
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Route |
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Vehicle Number |
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U.S. DOT Hazmat Reg. No. |
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Number and Type |
HM |
I.D. |
Description of Articles |
Hazard |
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Total Quantity |
Weight |
Class or |
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of Packages |
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Class |
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(mass, volume, or |
(subject to |
Rate |
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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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□ |
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consignor shall sign the following statement: |
Prepaid |
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City: |
State: |
Zip: |
The carrier shall not make delivery of this |
$ |
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shipment without payment of freight and all |
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Collect |
□ $ |
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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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$ |
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hereby specifically stated by the shipper to be not exceeding $ |
Per |
(Signature of Consignor) |
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□ Prepaid |
□ Collect |
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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: |
DATE: |
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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)
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Dos and Don'ts
When filling out the Hazard Bill of Lading form, there are important dos and don'ts to keep in mind. Here’s a helpful list to guide you:
- Do ensure all information is accurate and complete. Inaccurate details can lead to delays or legal issues.
- Do clearly identify the hazardous materials being shipped. Proper classification is crucial for safety and compliance.
- Do sign the form where required. Your signature indicates your agreement to the terms and conditions.
- Do keep a copy of the completed form for your records. This can be useful for tracking and claims purposes.
- Don't leave any sections blank. Missing information can result in processing delays.
- Don't misrepresent the nature of the materials. This can lead to serious legal consequences.
- Don't forget to check the regulations. Familiarize yourself with federal and state laws regarding hazardous materials.
- Don't assume that verbal agreements are sufficient. Always document any agreements in writing on the form.
Key takeaways
When filling out and using the Hazard Bill of Lading form, there are several important points to keep in mind:
- Accurate Information is Essential: Ensure that all details, including the description of the hazardous materials, weight, and consignee information, are filled out correctly. Mistakes can lead to delays or legal issues.
- Signature Requirements: The shipper must sign the form to confirm the accuracy of the information provided. This signature also indicates acceptance of the terms and conditions outlined in the document.
- Compliance with Regulations: The materials being shipped must comply with all applicable regulations set forth by the Department of Transportation. Proper classification, packaging, and labeling are crucial for safe transportation.
- Liability Limitations: Be aware that the carrier's liability for loss or damage may be limited. It's important to declare the value of the property being shipped if it exceeds the standard coverage limits.
Similar forms
The Hazard Bill of Lading form shares similarities with the Uniform Commercial Code (UCC) Bill of Lading. Both documents serve as critical instruments in the transportation of goods, outlining the responsibilities and liabilities of the parties involved. The UCC Bill of Lading provides a standardized framework for shipping agreements, much like the Hazard Bill of Lading. It includes essential details such as the description of goods, shipping instructions, and terms of payment, ensuring that all parties have a clear understanding of their obligations. This commonality helps streamline the shipping process and mitigate disputes related to the transportation of goods.
Another document that resembles the Hazard Bill of Lading is the Freight Bill. A Freight Bill is issued by a carrier to the shipper, detailing the charges for transporting goods. Similar to the Hazard Bill of Lading, it includes critical information such as shipment details, payment terms, and the nature of the goods being transported. Both documents serve as proof of the transaction and can be used in claims processes if issues arise during transportation. The Freight Bill is particularly focused on the financial aspects, while the Hazard Bill of Lading emphasizes the safe handling of hazardous materials.
The Air Waybill (AWB) is also comparable to the Hazard Bill of Lading. An AWB is a document used in air freight that acts as a contract between the shipper and the airline. Like the Hazard Bill of Lading, the AWB contains vital information about the shipment, including the sender, recipient, and description of the goods. Both documents ensure that all parties involved are aware of the conditions of transport, particularly when hazardous materials are involved. The AWB, however, is specific to air transport, while the Hazard Bill of Lading is applicable to various modes of transportation.
Lastly, the Ocean Bill of Lading is another document that shares similarities with the Hazard Bill of Lading. This document is used for shipping goods via sea and functions as both a receipt for the cargo and a contract for transportation. Like the Hazard Bill of Lading, it outlines the responsibilities of the carrier and shipper and includes details about the goods being transported. Both documents emphasize compliance with regulations, especially concerning hazardous materials. The Ocean Bill of Lading is tailored for maritime transport, while the Hazard Bill of Lading is designed to address the unique considerations of hazardous materials across all transportation modes.
Documents used along the form
The Hazard Bill of Lading form is a crucial document used in the transportation of hazardous materials. Along with this form, several other documents are often required to ensure compliance with regulations and to facilitate safe shipping. Below is a list of five common forms and documents that accompany the Hazard Bill of Lading.
- Material Safety Data Sheet (MSDS): This document provides detailed information about the hazardous materials being shipped. It includes data on handling, storage, and emergency measures in case of an accident. The MSDS is essential for ensuring the safety of those who may come into contact with the materials.
- Emergency Response Guidebook (ERG): The ERG is a manual designed to assist first responders in the event of a hazardous materials incident. It provides critical information on how to safely manage and mitigate emergencies involving hazardous substances, including evacuation procedures and firefighting techniques.
- Shipping Papers: These documents provide essential details about the shipment, including the type and quantity of hazardous materials, as well as the proper shipping name and identification numbers. Shipping papers must be readily accessible during transport and are crucial for regulatory compliance.
- Certificate of Compliance: This certificate verifies that the hazardous materials being shipped comply with all applicable regulations and standards. It is often required by the carrier and regulatory agencies to ensure that the materials are being transported safely and legally.
- Bill of Lading (BOL): While the Hazard Bill of Lading is specific to hazardous materials, a standard Bill of Lading is also used to document the transportation of goods. This document outlines the terms of the shipment, including the responsibilities of the shipper and carrier, and serves as a receipt for the goods being transported.
Each of these documents plays a vital role in ensuring the safe and compliant transportation of hazardous materials. Properly preparing and understanding these forms can help prevent accidents and ensure regulatory adherence throughout the shipping process.