TruckDisp Freight Documentation & Accessorials Flashcards

A shipper issues a negotiable (order) Bill of Lading consigned 'To Order of Shipper.' The carrier delivers the freight to the named notify party without surrendering the original BoL. Which party bears liability for the wrongful delivery?

Answer: The carrier, because delivery without surrender of a negotiable BoL is unlawful regardless of notify-party instructions

A negotiable (order) Bill of Lading is a title document. The carrier is legally obligated to deliver only upon surrender of the original. Delivering to anyone — including the named notify party — without collecting the original BoL exposes the carrier to full cargo-value liability under 49 U.S.C. § 80110. The notify party is an interested party to be informed of arrival, not an authorized recipient absent BoL surrender.

A flatbed shipment arrives at a receiver at 08:00. The carrier has a 2-hour free time before detention begins at $75/hour. The lumper (unloading crew) does not begin until 09:30 due to a dock scheduling conflict that is entirely the receiver's fault. Unloading finishes at 12:15. What is the correct detention charge?

Answer: $168.75 — detention runs from 10:00 to 12:15 (2 hrs 15 min = 2.25 hrs × $75)

Free time begins at the driver's arrival (08:00) and expires at 10:00. From 10:00 to 12:15 is 2 hours and 15 minutes. Most carrier tariffs bill detention in 15-minute increments after free time expires, making it 2.25 hours × $75 = $168.75. The lumper delay caused by the receiver does not pause the detention clock — once the driver is on-site and free time has elapsed, the clock runs continuously until the driver is released. Rounding to a full hour is not standard practice under FMCSA guidelines unless the tariff explicitly requires it.

A hazmat shipment of flammable liquids (UN1993, PG II) is tendered with a properly completed hazmat shipping paper. During transit the driver is involved in a non-injury accident. Which document must the driver produce to emergency responders AND which federal regulation mandates its physical placement in the cab?

Answer: The hazmat shipping paper; 49 CFR § 177.817 requires it be within the driver's immediate reach or in a pouch on the driver's door while the vehicle is in motion

49 CFR § 177.817 mandates that the hazmat shipping paper be on the driver's person, within immediate reach when the seatbelt is fastened, or in a pouch on the driver's door while in motion. It must be kept on top of all other papers while the vehicle is not in motion. This is the primary emergency document first responders will request. The ERG is required to be in the vehicle under § 172.602(a) but the shipping paper — not the ERG — is the regulated document that must be immediately accessible under § 177.817.

A receiver notes 'possible concealed damage' on the Proof of Delivery but does not open the crates at delivery time. Under the standard Carmack Amendment framework, what is the latest the consignee can file a formal written freight claim to preserve their rights?

Answer: 9 months from the delivery date for loss or damage; concealed damage does not extend this window

Under 49 U.S.C. § 14706 (Carmack Amendment) and standard tariff provisions derived from it, the minimum claim filing period is 9 months from the delivery date regardless of whether damage is visible or concealed. 'Possible concealed damage' noted on the POD preserves the consignee's right to inspect and file but does not grant a different statutory window. The 9-month window is for filing the claim; carriers must give at least 2 years for filing suit after denial. The 5-day concealed damage window referenced in some shipper guides is a carrier-imposed inspection notification requirement, not the claims-filing deadline.

A dispatcher is building a rate confirmation for a temperature-controlled load. The broker's contract requires 'all-in' pricing. The carrier quotes $2,400 base + $150 fuel surcharge + $200 reefer fuel surcharge. The load later requires a 90-minute border crossing stop that triggers a $100 layover charge. Under a properly drafted rate confirmation, which charges should appear as itemized line items versus being absorbed into the flat rate?

Answer: The base rate, FSC, and reefer fuel surcharge should be itemized; the layover charge should be added as an accessorial only if the rate confirmation explicitly reserves the right to assess post-delivery accessorials

Best practice and most broker-carrier agreements require explicit itemization of each accessorial so there is no dispute about what is included in 'all-in' pricing. The layover charge ($100) is an event-triggered accessorial that did not exist at tender — a properly drafted rate confirmation will include a clause reserving the broker's right to assess or pass through accessorials that arise from events outside the original scope (e.g., border delays, extended wait times). Simply rolling unknown future accessorials into a flat rate creates carrier disputes and audit failures. The reefer fuel surcharge is a distinct line item from the standard FSC because it compensates for refrigeration unit fuel consumption, not tractor fuel.

A shipment is classified under NMFC item 60840 (plastic articles, not otherwise indexed) at Class 85. At delivery, the carrier's inspector re-weighs the freight and determines the actual density is 8.2 lbs/cu ft. The carrier issues a freight bill correction upgrading the classification to Class 92.5. The shipper disputes this, arguing the BoL description controls. Who prevails and why?

Answer: The carrier prevails — when a shipper's BoL description is insufficient to establish the correct NMFC classification, the carrier may reclassify based on physical inspection, and density-based classes override a general item number if density falls outside the class range

NMFC classifications tied to density are not overridden by the shipper's BoL description. Under Rule 11 of the NMFC and carrier tariff rights, a carrier that discovers a density-based misclassification at delivery may issue a corrected freight bill within 180 days. At 8.2 lbs/cu ft, plastic articles under NMFC 60840 do fall into a higher class bracket — Class 85 requires densities in the range that exceeds 8.2 lbs/cu ft for that sub-item. Accepting the shipment under the tendered class does not constitute a waiver of reclassification rights when the shipper's BoL description did not accurately define the freight characteristics. The shipper bears the burden of accurate description under 49 U.S.C. § 13710.