Surface Carrier Liability


New member
When dealing with a freight loss or damage question, a determination must be made at the very outset as to what laws, administrative regulations, treaties and/or contracts govern the transaction between the shipper and carrier.

In view of the fact that a great volume of freight generally moves in common carrier service, claimants often presume that principles of common carrier liability govern claims, and later discover that some movements are not subject to these principles. The consequences often are expensive and embarrassing to the claimant.

Therefore, the first step in processing a freight claim is to establish the legal classification of the movement, i.e.,:

  • Interstate and foreign common carriage (formerly regulated by the I.C.C., now the Surface Transportation Board (S.T.B.) for rail movements or the Federal Motor Carrier Safety Administration (FMCSA) for motor carrier, water carrier and freight forwarder movements);
  • Intrastate common carriage (formerly regulated by a state P.S.C., P.U.C., D.O.T., etc.);
  • “Exempt” common carriage (governed only by the common law);
  • Contract carriage (formerly regulated by the I.C.C. or state regulatory agency); or
  • Private carriage (shipper’s vehicle).


New member
  • [h=2][/h]
    • Work on the creation of such a transit system began under the auspices of the United Nations Economic Commission for Europe shortly after the end of the Second world war. In 1949, several European States signed the first international road transport Agreement (TIR).
    • [h=2][/h] 2


New member
  • [h=2][/h]
    • In order to ensure the safety of transport, the TIR Convention establishes that goods must be transported in containers or cargo compartments of vehicles designed in such a way as to prevent access to the contents of the sealed part of the vehicle or container without leaving visible traces of opening the cargo compartment of the vehicle, container or damage to customs seals
Thread starter Similar threads Forum Replies Date
L Regulatory - Legal 3
L Regulatory - Legal 1