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The Hazard Bill of Lading form plays a critical role in the transportation of hazardous materials, ensuring that both shippers and carriers adhere to established safety and regulatory protocols. This form serves as a contract between the shipper and the carrier, detailing essential information such as the shipper's and consignee's addresses, the description of the hazardous materials being transported, and their respective classifications. It outlines the responsibilities of both parties, including the liability limitations for loss or damage during transit and the procedures for filing claims. Additionally, the form requires specific declarations regarding the nature of the hazardous materials, ensuring compliance with federal regulations. Important sections address payment terms, including freight charges and the conditions under which delivery can occur. By providing clear guidelines and requirements, the Hazard Bill of Lading form promotes safe handling and transportation practices, ultimately protecting the interests of all parties involved.
Key takeaways
Filling out and using the Hazard Bill of Lading form requires careful attention to detail. Here are some key takeaways to consider:
- Accurate Information: Ensure all fields are filled out correctly, including shipper and consignee details, as errors can lead to delays.
- Hazardous Materials: Clearly indicate if the shipment contains hazardous materials. This is essential for compliance with safety regulations.
- Liability Limitations: Be aware that the carrier's liability for loss or damage may be limited. Familiarize yourself with the terms outlined in the bill of lading.
- Claims Filing: If a claim arises, it must be filed in writing within nine months of delivery. Missing this deadline may result in denial of the claim.
- Freight Charges: Understand your responsibility for freight and other charges. Specify payment terms clearly on the form.
- Signature Importance: The shipper's signature is crucial. It signifies agreement to the terms and conditions stated in the bill of lading.
- Emergency Contact: Provide an emergency response contact. This is vital for addressing any issues that may arise during transportation.
- Documentation: Keep a copy of the completed bill of lading. It serves as proof of the terms agreed upon and can be essential in case of disputes.
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Documents used along the form
The Hazard Bill of Lading form is essential for transporting hazardous materials. However, several other documents often accompany it to ensure compliance with regulations and facilitate safe transportation. Here are five key documents commonly used alongside the Hazard Bill of Lading:
- Material Safety Data Sheet (MSDS): This document provides detailed information about the hazardous materials being shipped, including potential hazards, handling instructions, and emergency measures. It ensures that all parties involved are aware of the risks associated with the materials.
- Shipping Papers: These documents serve as a summary of the shipment, including details such as the type of hazardous materials, quantities, and emergency contact information. They are crucial for both the shipper and carrier during transportation.
- Articles of Incorporation: The Missouri Articles of Incorporation form is essential for forming a corporation in Missouri, as it outlines the corporation's name, purpose, and governance structure. For more details, visit missouriform.com/.
- Emergency Response Guidebook (ERG): This guide is a reference tool for first responders in the event of an incident involving hazardous materials. It contains information on how to handle various types of hazardous substances safely.
- Certificate of Compliance: This certificate confirms that the hazardous materials meet all regulatory requirements for packaging and labeling. It is important for ensuring that the shipment complies with federal and state regulations.
- Transport Security Plan: This document outlines the security measures taken to protect hazardous materials during transport. It includes protocols for monitoring and responding to potential security threats.
Using these documents together with the Hazard Bill of Lading helps ensure that hazardous materials are transported safely and in compliance with legal requirements. Proper documentation minimizes risks and protects everyone involved in the shipping process.
Dos and Don'ts
When filling out the Hazard Bill of Lading form, it is essential to ensure accuracy and compliance with regulations. Here is a list of things to do and avoid:
- Do provide accurate information about the hazardous materials being shipped.
- Do ensure that the consignee and shipper details are clearly stated.
- Do specify the total quantity and weight of the hazardous materials.
- Do include the proper classification and identification numbers for the materials.
- Don't leave any sections of the form blank; this can lead to delays or issues in transport.
- Don't misrepresent the nature of the materials; this could result in legal penalties.
- Don't forget to sign the form; an unsigned bill of lading is not valid.
Common mistakes
Filling out the Hazard Bill of Lading form can be a daunting task, especially for those unfamiliar with its requirements. One common mistake is failing to provide complete and accurate information about the shipment. For instance, the shipper may neglect to include essential details such as the U.S. DOT Hazmat Reg. No. or the specific description of the hazardous materials. This oversight can lead to delays and complications in the transportation process, as carriers rely on this information to comply with safety regulations.
Another frequent error involves the misclassification of hazardous materials. It is crucial to accurately classify the materials being shipped according to the applicable regulations. Incorrect classification can result in serious legal repercussions and safety hazards. Shippers must ensure they understand the classifications and provide the correct HM ID and weight class to avoid any miscommunication with the carrier.
Many individuals also overlook the importance of signing the form. A signature is not just a formality; it signifies agreement to the terms and conditions outlined in the bill of lading. Without a proper signature, the shipment may be deemed invalid, and the carrier may refuse to transport the goods. Always double-check that the form is signed by the consignor, as this step is essential for the shipment's legality.
Additionally, shippers often fail to specify the agreed or declared value of the property. This value is critical, especially when it comes to determining liability in case of loss or damage. If the value is not clearly stated, the carrier may limit their liability, leaving the shipper with inadequate compensation in the event of an incident. It is vital to fill out this section thoroughly to protect your interests.
Another common oversight is not indicating whether the shipment is prepaid or collect. This distinction affects how freight charges are handled. If this information is missing or incorrect, it can lead to disputes over payment responsibilities between the shipper and the consignee. Clear communication about payment terms is essential to avoid any misunderstandings later on.
Lastly, shippers sometimes neglect to review the back of the bill of lading for additional terms and conditions. These provisions often contain important information regarding liability limitations and filing claims. Ignoring these details can lead to significant challenges if issues arise during transportation. It is advisable to read and understand all sections of the bill of lading to ensure compliance with all legal requirements.
File Characteristics
| Fact Name | Details |
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| Purpose | The Hazardous Materials Straight Bill of Lading serves as a shipping document for transporting hazardous materials, ensuring compliance with federal regulations. |
| Origin | This form is produced by J. J. Keller & Associates, Inc., a company based in Neenah, Wisconsin, specializing in safety and compliance solutions. |
| Regulatory Compliance | It adheres to the regulations set forth by the U.S. Department of Transportation, specifically concerning the transport of hazardous materials. |
| Liability Limitations | The bill outlines limitations of liability for the carrier, which may include exemptions for certain types of loss or damage as specified under the Carmack Amendment. |
| State-Specific Laws | In addition to federal regulations, shippers must comply with state laws governing hazardous materials transportation, such as California's Health and Safety Code. |
Form Sample
®, 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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Origin |
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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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(mass, volume, or |
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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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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 $ |
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(Signature of Consignor) |
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□ Prepaid |
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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)