The Hazard Bill Of Lading form is an essential document utilized in the transportation industry, particularly for shipments containing hazardous materials. It outlines the agreement between the shipper and the carrier, detailing the specifics of the freight, including its nature, quantity, destination, and handling instructions critical for safety and compliance purposes. Serving as a legal contract, it also delineates responsibilities, liability limitations, and conditions under which the goods are to be transported, ensuring adherence to applicable state and federal regulations.
The Hazard Bill of Lading form is a crucial document widely recognized in the transportation of hazardous materials, emphasizing the meticulous requirements for shipping dangerous goods. Issued by J.J. Keller & Associates, Inc., a leading authority based in Neenah, WI, USA, this form serves as an original, non-negotiable contract between the shipper and the carrier, outlining detailed information including shipper's and carrier's numbers, addresses, identification of the hazardous materials (HM) being transported, package descriptions, and emergency response information. It ensures compliance with both federal regulations and specific carrier rules by stipulating conditions for shipment, including liability limitations in case of loss or damage, claims procedures, and the responsibilities of both parties regarding the transportation and delivery of hazardous goods. The form also includes provisions for the transport of goods under special conditions, such as perishable items, and addresses freight charges and the requirement for placards. Through its comprehensive structure, the Hazard Bill of Lading form plays a pivotal role in safeguarding public health and safety while facilitating the smooth transference of hazardous materials across distances, making it an indispensable tool in the logistics and transportation sector.
®, Neenah, WI • USA • (800) 327-6868 • jjkeller.com • Printed in the United States
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
Destination
Zip
Origin
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)
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).
SUPPLIED
This is to certify that the above-named materials are properly classified, described, packaged, marked
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:
EMERGENCY RESPONSE
NAME OR CONTRACT NUMBER
TELEPHONE NUMBER:
OR OTHER UNIQUE IDENTIFIER:
215-BLC-O 3 12466 (Rev. 9/10)
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) 327-6868 • jjkeller.com • Printed in the United States
Filing a Hazard Bill of Lading form is a critical step in ensuring that hazardous materials are transported legally and safely. The details on the form are essential for the carrier, shipper, receiver, and regulatory bodies to understand the specifics of what's being transported. By following the instructions carefully, you can ensure that all necessary information is accurately provided, helping to avoid delays and ensuring compliance with regulations. Here is how to fill out the form correctly:
Once the form is filled out, make sure to retain a copy for your records and hand over the original to the carrier. This document ensures that all parties involved are aware of the hazardous nature of the contents and have agreed to the terms and conditions for transporting such materials safely and in compliance with law.
What is a Hazardous Bill of Lading? A Hazardous Bill of Lading is a legal document issued by a carrier to a shipper, detailing the types, quantities, and destinations of hazardous materials being transported. This document confirms the carrier's receipt of the cargo and outlines the terms and conditions for its transportation, including safety and compliance with applicable regulations.
Why is it necessary to use a Hazardous Bill of Lading? It is required mainly for safety and regulatory compliance. This document ensures that hazardous materials are properly classified, described, packaged, marked, and labeled according to transportation regulations. It aids in the safe handling and transportation of hazardous goods and provides critical information in case of an emergency.
Who should complete the Hazardous Bill of Lading? The shipper is responsible for accurately completing the Hazardous Bill of Lading. This includes providing a detailed description of the hazardous materials, including class, identification number, and quantity, ensuring that all information aligns with regulations for safe transport.
What are the responsibilities of the carrier according to the Hazardous Bill of Lading? The carrier must transport the hazardous materials according to the terms set out in the bill of lading, adhering to all applicable state and federal regulations. The carrier also has the responsibility to verify that hazardous materials are correctly classified, described, packaged, marked, and labeled before transportation.
Is there a liability limitation for loss or damage in this shipment? Yes, liability limitations for loss or damage may apply. These are typically based on the declared value of the materials shipped and are subject to regulations outlined in the 49 U.S.C. 14706(c)(1)(A) and (B).
How are freight charges determined? Freight charges can be prepaid or collect, based on the agreement between the shipper and carrier. Charges are influenced by the weight, type, and destination of the hazardous materials, as well as the specific rates and contracts established between the shipper and the carrier.
What happens if the consignee refuses the shipment or fails to claim it? If the consignee refuses the shipment or does not claim it within the designated time, the carrier may either store the materials at the owner's expense or sell them at a public auction to the highest bidder. For perishable goods, the carrier has the discretion to sell them as soon as it becomes necessary to prevent loss or further deterioration.
What should be done in case of loss, damage, or delay? Claims against the carrier for loss, damage, or delay must be filed in writing within nine months after delivery (or expected delivery in the case of nondelivery). Legal action must be taken within two years after the carrier disclaims any part of the claim.
How do emergency response details integrate into the Hazardous Bill of Lading? The bill of lading includes emergency response information or a contract number and telephone number. This information is critical for first responders in the event of an incident during the transportation of hazardous materials.
Can the terms and conditions of the Hazardous Bill of Lading be customized? While some terms can be individually negotiated and agreed upon in writing between the shipper and carrier, the bill of lading must still comply with all applicable regulations. Any alterations or additions to the standard terms should be clearly documented on the bill itself.
Filling out the Hazardous Bill of Lading form requires attention to detail and accuracy to ensure the safe and compliant transportation of hazardous materials. However, mistakes can occur that jeopardize these goals. One common error is the misclassification of hazardous materials. Accurate classification is critical as it determines the handling protocols required during transportation. Misclassification can lead to inappropriate handling measures, posing risks to safety and failing to comply with regulations.
Another frequent oversight is omitting the Emergency Response Information. This specific detail is imperative for ensuring the immediate availability of correct procedures in case of an emergency. The omission of an emergency contact number or providing incorrect information can delay response times during a crisis, increasing risks to public safety and the environment.
Inaccurate or incomplete description of materials is another error that can occur. The form requires a detailed description of the hazardous materials, including aspects such as the proper shipping name, class, and identification number. Vague or incomplete descriptions can lead to confusion and potential mishandling, making it difficult for carriers to apply the necessary safety measures.
Lastly, failing to confirm the need for and supply of placards is a mistake with significant implications. Placards are essential for identifying the nature of the hazards being transported, crucial for first responders and those involved in the transportation process. Not indicating whether the shipper or carrier is responsible for supplying these placards, or assuming it without confirmation, can lead to situations where vehicles are improperly marked, increasing the risk of incidents.
When managing the transport of hazardous materials, the Hazardous Materials Bill of Lading form is a crucial document. This form not only ensures compliance with transportation regulations but also aids in the safe and efficient delivery of hazardous goods. However, to completely cover the legal and logistical bases, there are several other forms and documents that are frequently used alongside the Hazardous Materials Bill of Lading. Understanding these additional documents is vital for anyone involved in the shipping, handling, and receiving of hazardous materials.
Navigating the complexities of shipping hazardous materials requires attention to detail and an understanding of the regulatory landscape. The Hazardous Materials Bill of Lading plays a central role in this process by detailing the nature and quantity of the materials being shipped. The additional forms and documents support this endeavor by offering detailed information on the commercial, legal, safety, and regulatory aspects of the transportation process. Together, these documents ensure that hazardous materials are transported safely, efficiently, and in compliance with all applicable regulations.
The Uniform Straight Bill of Lading is similar to the Hazardous Materials Bill Of Lading because both are used in the shipping industry to document the details of a shipment, including the shipper and receiver's information, type of goods being shipped, and the terms of shipping. They both serve as a receipt of the goods by the carrier and as a contract for transportation.
The Warehouse Receipt shares similarities in that it details goods being stored, serving as proof of ownership and storage terms, just like the Hazardous Bill of Lading outlines details and terms for the transport of goods, particularly hazardous materials.
Sea Waybill is akin because it is used for the shipment of goods via sea, detailing the contract for carriage and specifics of the cargo, similar to how the Hazardous Materials Bill Of Lading is used for detailing the specifics of hazardous goods being transported, including the transportation terms.
The Air Waybill also parallels the Hazardous Materials Bill Of Lading as it acts as a contract for carriage and receipt of goods by an airline, specific to air freight, which includes information similar to what is found in the hazardous materials documentation, adjusted for air transport.
A Freight Bill is comparable because it is issued by carriers detailing the freight charges applicable to the shipping service provided, similar to the Hazardous Bill of Lading’s role in outlining the terms, including costs associated with the transportation of hazardous materials.
Commercial Invoice shares similarities as it lists the goods being sold and shipped, providing details necessary for customs clearance, just as the Hazardous Bill of Lading specifies the details of the hazardous goods being transported, which can be essential for regulatory compliance.
The Packing List is akin as it compliments by detailing the specific items in a shipment and how they are packed, similar to how the Hazardous Materials Bill Of Lading outlines the type and quantity of hazardous goods, including their classification and packaging group.
Electronic Data Interchange (EDI) Documents used in logistics for transmitting document data among businesses electronically, like the Hazardous Materials Bill Of Lading, can be transmitted electronically, facilitating the sharing of shipping information, including details on hazardous materials shipments.
When filling out the Hazardous Bill of Lading form, accurate and clear documentation is critical to ensure the safe and efficient transport of hazardous materials. Here are some guidelines to help you complete the form correctly:
Many misconceptions surround the Hazardous Bill of Lading form, some of which can lead to confusion in its correct usage and comprehension. Here are eight common misunderstandings:
Understanding these misconceptions can ensure safer and more compliant transportation practices when shipping hazardous materials. Always refer to the latest guidelines and ensure all parties involved are aware of their responsibilities and the specifics of the cargo being transported.
When dealing with the Hazardous Materials Straight Bill of Lading, it's crucial to grasp its purpose and requirements to ensure safe and lawful transportation of hazardous materials. Here are key takeaways to keep in mind:
By meticulously preparing the Hazardous Materials Straight Bill of Lading, shippers and carriers can ensure compliance with regulations, promote safety, and facilitate the efficient transportation of hazardous materials. It stands as a critical document that binds all parties to their legal and safety responsibilities.
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