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[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2003]
[CITE: 49CFR1035]

[Page 72-78]
 


TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1035--BILLS OF LADING--Table of Contents



Sec.
1035.1 Requirement for certain forms of bills of lading.
1035.2 Modification of front of uniform bill of lading.

Appendix A to Part 1035--Uniform Straight Bill of Lading

[[Page 73]]

Appendix B to Part 1035--Contract Terms and Conditions

    Authority: 49 U.S.C. 721, 11706, 14706.

    Source: 58 FR 60797, Nov. 18, 1993, unless otherwise noted.

    Cross References: For interstate transportation of livestock, see 9 
CFR parts 71-77. For lading and unlading of vessels, see 19 CFR part 4.

Sec.1035.1  Requirement for certain forms of bills of lading.

    (a) All common carriers, except express companies, engaged in the 
transportation of property other than livestock and wild animals, by 
rail or by water subject to the Interstate Commerce Act are required to 
use straight bills of lading as prescribed in Appendix A and B to this 
part, or order bills of lading as prescribed in Appendix A and B to this 
Part, except that order bills of lading shall:
    (1) Be entitled ``Uniform Order Bill of Lading'' and be designated 
as ``Negotiable'' on the front (appendix A to this part);
    (2) Indicate consignment ``to the order of * * * '' on the front 
(appendix A to this part); and
    (3) Provide for endorsement on the back portion (appendix B to this 
part).
    (b) All such bills of lading:
    (1) May be either documented on paper or issued electronically;
    (2) May be a copy, reprographic or otherwise, of a printed bill of 
lading, free from erasure and interlineation;
    (3) May vary in the arrangement and spacing of the printed matter on 
the face of the form.

Sec.1035.2  Modification of front of uniform bill of lading.

    Notwithstanding any other provision of Sec.1035.1(a), with respect 
to the information called for, the front portion only (appendix A to 
this part) of a bill of lading may deviate from the language prescribed 
in this part so long as the deviation conforms with approved national 
standards for the electronic data interchange or other commercial 
requirements for bill of lading information; provided that no such 
deviation in the language shall affect the obligations of any shipper to 
provide information absent the consent of such shipper nor shall such 
deviation be deemed to alter any rights or obligations conferred by 
statute or regulation on either carriers or shippers with respect to the 
preparation or issuance of bills of lading.

        Appendix A to Part 1035--Uniform Straight Bill of Lading

                     Uniform Straight Bill of Lading

                        Original--Not Negotiable

Shipper's No____________________________________________________________

Agent's No______________________________________________________________

Company_________________________________________________________________

    Received, subject to the classifications and tariffs in effect on 
the date of this Bill of Lading:

at--------------------------, 19--

from____________________________________________________________________

the property described below, in apparent good order, except as noted 
(contents and condition of contents of packages unknown), marked, 
consigned, and destined as indicated below, 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 its usual place of delivery at said destination, if on its 
own road or its own water line, 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 back 
hereof, which are hereby agreed to by the shipper and accepted for 
himself and his assigns.
[Mail or street address of consignee--For purposes of notification 
only.]
Consigned to____________________________________________________________

Destination_____________________________________________________________

State of________________________________________________________________

County of_______________________________________________________________

Route___________________________________________________________________

Delivering Carrier______________________________________________________

Car Initial_____________________________________________________________

Car No__________________________________________________________________

Trailer Initials/Number_________________________________________________

Length__________________________________________________________________

Plan____________________________________________________________________

Length__________________________________________________________________

Plan____________________________________________________________________

Container Initials/Number_______________________________________________

Length__________________________________________________________________


[[Page 74]]

________________________________________________________________________
Plan____________________________________________________________________

Length__________________________________________________________________

Plan____________________________________________________________________


----------------------------------------------------------------------------------------------------------------
                           Description of
                         articles, special    *Weight      Class or      Check
      No. packages           marks, and     (subject to      rate        column
                             exceptions     correction)
----------------------------------------------------------------------------------------------------------------
.......................  .................  ...........  ...........  ...........  Subject to Section 7 of
                                                                                    conditions, if this shipment
                                                                                    is to be delivered to the
                                                                                    consignee without recourse
                                                                                    on the consignor, the
                                                                                    consignor shall sign the
                                                                                    following statement:
.......................  .................  ...........  ...........  ...........     ..........................
.......................  .................  ...........  ...........  ...........  The carrier shall not make
                                                                                    delivery of this shipment
                                                                                    without payment of freight
                                                                                    and all other lawful
                                                                                    charges.
.......................  .................  ...........  ...........  ...........  .............................
.......................  .................  ...........  ...........  ...........  .............................
.......................  .................  ...........  ...........  ...........  .............................
                                                                                    .....................
                                                                                    (Signature of consignor)
.......................  .................  ...........  ...........  ...........  .............................
                                                                                  ==============================
.......................  .................  ...........  ...........  ...........  If charges are to be prepaid,
                                                                                    write or stamp here,
.......................  .................  ...........  ...........  ...........  ``To be Prepaid.''
.......................  .................  ...........  ...........  ...........  .............................
.......................  .................  ...........  ...........  ...........  Received $------ to apply in
                                                                                    prepayment of the charges on
                                                                                    the property described
                                                                                    hereon.
.......................  .................  ...........  ...........  ...........  .............................
.......................  .................  ...........  ...........  ...........  .............................
                                                                                    .....................
                                                                                    Agent or Cashier
.......................  .................  ...........  ...........  ...........  Per----------------
.......................  .................  ...........  ...........  ...........  (The signature here
                                                                                    acknowledges only the amount
                                                                                    prepaid.)
.......................  .................  ...........  ...........  ...........  .............................
                                                                                  ==============================

----------------------------------------------------------------------------------------------------------------
 *If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading shall
  state whether it is ``carrier's or shipper's weight.''
Note.--Where the rate is dependent on value, shippers are required to state specifically in writing 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----------------------------------------

Charges advanced: ----------------------------------------

Shipper

Agent

Per

Per

Permanent post office address of shipper

         Appendix B to Part 1035--Contract Terms and Conditions

                      Contract Terms and Conditions

    Sec. 1. (a) The carrier or party in possession of any of the 
property herein described shall be liable as at common law for any loss 
thereof or damage thereto, except as hereinafter provided.
    (b) No carrier or party in possession of all or any of the property 
herein described shall be liable for any loss thereof or damage thereto 
or delay caused by the act of God, the public enemy, the authority of 
law, or the act or default of the shipper or owner, or for natural 
shrinkage. The carrier's liability shall be that of warehouseman, only, 
for loss, damage, or delay caused by fire occurring after the expiration 
of the free time allowed by tariffs lawfully on file (such free time to 
be computed as therein provided) after notice of the arrival of the 
property at destination or at the port of export (if intended for 
export) has been duly sent or given, and after placement of the property 
for delivery at destination, or tender of delivery of the property to 
the party entitled to receive it, has been made. Except in case of 
negligence of the carrier or party in possession (and the burden to 
prove freedom from such negligence shall be on the carrier or party in 
possession), the carrier or party in possession shall not be liable for 
loss, damage, or delay occurring while the property is stopped and held 
in transit upon the request of the shipper, owner, or party entitled to 
make such request, or resulting from

[[Page 75]]

a defect or vice in the property, or for country damage to cotton, or 
from riots or strikes.
    (c) In case of quarantine the property may be discharged at risk and 
expense of owners into quarantine depot or elsewhere, as required by 
quarantine regulations or authorities, or for the carrier's dispatch at 
nearest available point in carrier's judgment, and in any such case 
carrier's responsibility shall cease when property is so discharged, or 
property may be returned by carrier at owner's expense to shipping 
point, earning freight both ways. Quarantine expenses of whatever nature 
or kind upon or in respect to property shall be borne by the owners of 
the property or be a lien thereon. The carrier shall not be liable for 
loss or damage occasioned by fumigation or disinfection or other acts 
required or done by quarantine regulations or authorities even though 
the same may have been done by carrier's officers, agents, or employees, 
nor for detention, loss, or damage of any kind occasioned by quarantine 
or the enforcement thereof. No carrier shall be liable, except in case 
of negligence, for any mistake or inaccuracy in any information 
furnished by the carrier, its agents, or officers, as to quarantine laws 
or regulations. The shipper shall hold the carriers harmless from any 
expense they may incur, or damages they may be required to pay, by 
reason of the introduction of the property covered by this contract into 
any place against the quarantine laws or regulations in effect at such 
place.
    Sec. 2. (a) No carrier is bound to transport said property by any 
particular train or vessel, or in time for any particular market or 
otherwise than with reasonable dispatch. Every 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. 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.
    (b) As a condition precedent to recovery, claims must be filed in 
writing with the receiving or delivering carrier, or carrier issuing 
this bill of lading, or carrier on whose line the loss, damage, injury 
or delay occurred, 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; and suits 
shall be instituted against any carrier only within two years and one 
day from the day when notice in writing is given by the carrier to the 
claimant that the carrier has disallowed the claim or any part or parts 
thereof specified in the notice. Where claims are not filed or suits are 
not instituted thereon in accordance with the foregoing provisions, no 
carrier hereunder shall be liable, and such claims will not be paid.
    (c) Any carrier or party liable on account of loss of or damage to 
any of said property shall have the full benefit of any insurance that 
may have been effected upon or on account of said property, so far as 
this shall not avoid the policies or contracts of insurance: Provided, 
That the carrier reimburse the claimant for the premium paid thereon.
    Sec. 3. Except where such service is required as the result of 
carrier's negligence, all property shall be subject to necessary 
cooperage and baling at owner's cost. Each carrier over whose route 
cotton or cotton linters is to be transported hereunder shall have the 
privilege, at its own cost and risk, of compressing the same for greater 
convenience in handling or forwarding, and shall not be held responsible 
for deviation or unavoidable delays in procuring such compression. Grain 
in bulk consigned to a point where there is a railroad, public or 
licensed elevator, may (unless otherwise expressly noted herein, and 
then if it is not promptly unloaded) be there delivered and placed with 
other grain of the same kind and grade without respect to ownership (and 
prompt notice thereof shall be given to the consignor), and if so 
delivered shall be subject to a lien for elevator charges in addition to 
all other charges hereunder.
    4. (a) Property not removed by the party entitled to receive it 
within the free time allowed by tariffs, lawfully on file (such free 
time to be computed as therein provided), after notice of the arrival of 
the property at destination or at the port of export (if intended for 
export) has been duly sent or given, and after placement of the property 
for delivery at destination has been made, may be kept in vessel, car, 
depot, warehouse or place of delivery of the carrier, subject to the 
tariff charge for storage and to carrier's responsibility as 
warehouseman, only, or at the option of the carrier, may be removed to 
and stored in a public or licensed warehouse at the place of delivery or 
other available place, at the cost of the owner, and there held without 
liability on the part of the carrier, and subject to a lien for all 
freight and other lawful charges, including a reasonable charge for 
storage.
    (b) Where nonperishable property which has been transported to 
destination hereunder 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 same at public auction to the

[[Page 76]]

highest bidder, at such place as may be designated by the carrier: 
Provided, That the carrier shall have first mailed, sent, or given to 
the consignor notice 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 disposition be not arranged for, and 
shall have published notice containing a description of the property, 
the name of the party to whom consigned, or, if shipped order notify, 
the name of the party to be notified, and the time and place of sale, 
once a week for two successive weeks, in a newspaper of general 
circulation at the place of sale or nearest place where such newspaper 
is published: Provided, That 30 days shall have elapsed before 
publication of notice of sale after said notice that the property was 
refused or remains unclaimed was mailed, sent, or given.
    (c) Where perishable property which has been transported hereunder 
to destination is refused by consignee or party entitled to receive it, 
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: Provided, That if time serves for 
notification to the consignor or owner of the refusal of the property or 
the failure to receive it, and request for disposition of the property, 
such notification shall be given, in such manner as the exercise of due 
diligence requires, before the property is sold.
    (d) Where the procedure provided for in the two paragraphs last 
preceding is not possible, it is agreed that nothing contained in said 
paragraphs shall be construed to abridge the right of the carrier at its 
option to sell the property under such circumstances and in such manner 
as may be authorized by law.
    (e) The proceeds of any sale made under this section shall be 
applied by the carrier 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, and 
should there be a balance it shall be paid to the owner of the property 
sold hereunder.
    (f) Property destined to or taken from a station, wharf, or landing 
at which there is no regularly appointed freight agent shall be entirely 
at risk of owner after unloaded from cars or vessels or until loaded 
into cars or vessels, and except in case of carrier's negligence, when 
received from or delivered to such stations, wharves, or landings shall 
be at owner's risk until the cars are attached to and after they are 
detached from locomotive or train or until loaded into and after 
unloaded from vessels.
    Sec. 5. No carrier hereunder will carry or 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 
indorsed hereon.
    Sec. 6. Every party, whether principal or agent, shipping explosives 
or dangerous goods, without previous full written disclosure to the 
carrier of their nature, shall be liable for and indemnify the carrier 
against all loss or damage caused by such goods, and such goods may be 
warehoused at owner's risk and expense or destroyed without 
compensation.
    Sec. 7. The owner or consignee shall pay the freight and average, if 
any, and all other lawful charges accruing on said property; but, except 
in those instances where it may lawfully be authorized to do so, no 
carrier by railroad shall deliver or relinquish possession at 
destination of the property covered by this bill of lading until all 
tariff rates and charges thereon have been paid. The consignor shall be 
liable for the freight and all other lawful charges, except that if the 
consignor stipulates, by signature, 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, 
contrary to such stipulation, shall make delivery without requiring such 
payment, the consignor (except as hereinafter provided) shall not be 
liable for such charges. Provided, that, where the carrier has been 
instructed by the shipper or consignor to deliver said property to a 
consignee other than the shipper or consignor, such consignee shall not 
be legally liable for transportation charges in respect of the 
transportation of said property (beyond those billed against him at the 
time of delivery for which he is otherwise liable) which may be found to 
be due after the property has been delivered to him, if the consignee 
(a) is an agent only and has no beneficial title in said property, and 
(b) prior to delivery of said property has notified the delivering 
carrier in writing of the fact of such agency and absence of beneficial 
title, and, in the case of a shipment reconsigned or diverted to a point 
other than that specified in the original bill of lading, has also 
notified the delivering carrier in writing of the name and address of 
the beneficial owner of said property; and, in such cases the shipper or 
consignor, or, in the case of a shipment so reconsigned or diverted, the 
beneficial owner, shall be liable for such additional charges. If the 
consignee has given to the carrier erroneous information as to who the 
beneficial owner is, such consignee shall himself be liable for such 
additional charges. On shipments reconsigned or diverted by an agent who 
has furnished the carrier in the reconsignment or diversion order with a 
notice of agency and the proper name and address of the beneficial 
owner, and where such

[[Page 77]]

shipments are refused or abandoned at ultimate destination, the said 
beneficial owner shall be liable for all legally applicable charges in 
connection therewith. If the reconsignor or diverter has given to the 
carrier erroneous information as to who the beneficial owner is, such 
reconsignor or diverter shall himself be liable for all such charges.
    If a shipper or consignor of a shipment of property (other than a 
prepaid shipment) is also the consignee named in the bill of lading and, 
prior to the time of delivery, notifies, in writing, a delivering 
carrier by railroad (a) to deliver such property at destination to 
another party, (b) that such party is the beneficial owner of such 
property, and (c) that delivery is to be made to such party only upon 
payment of all transportation charges in respect of the transportation 
of such property, and delivery is made by the carrier to such party 
without such payment, such shipper or consignor shall not be liable (as 
shipper, consignor, consignee, or otherwise) for such transportation 
charges but the party to whom delivery is so made shall in any event be 
liable for transportation charges billed against the property at the 
time of such delivery, and also for any additional charges which may be 
found to be due after delivery of the property, except that if such 
party prior to such delivery has notified in writing the delivering 
carrier that he is not the beneficial owner of the property, and has 
given in writing to such delivering carrier the name and address of such 
beneficial owner, such party shall not be liable for any additional 
charges which may be found to be due after delivery of the property; but 
if the party to whom delivery is made has given to the carrier erroneous 
information as to the beneficial owner, such party shall nevertheless be 
liable for such additional charges. If the shipper or consignor has 
given to the delivering carrier erroneous information as to who the 
beneficial owner is, such shipper or consignor shall himself be liable 
for such transportation charges, notwithstanding the foregoing 
provisions of this paragraph and irrespective of any provisions to the 
contrary in the bill of lading or in the contract of transportation 
under which the shipment was made. The term ``delivering carrier'' means 
the line-haul carrier making ultimate delivery.
    Nothing herein shall limit the right of the carrier to require at 
time of shipment the prepayment or guarantee of the charges. If upon 
inspection it is ascertained that the articles shipped are not those 
described in this bill of lading, the freight charges must be paid upon 
the articles actually shipped.
    Where delivery is made by a common carrier by water the foregoing 
provisions of this section shall apply, except as may be inconsistent 
with part III of the Interstate Commerce Act.
    Sec. 8. 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.
    Sec. 9. (a) If all or any part of said property is carried by water 
over any part of said route, and loss, damage or injury to said property 
occurs while the same is in the custody of a carrier by water the 
liability of such carrier shall be determined by the bill of lading of 
the carrier by water (this bill of lading being such bill of lading if 
the property is transported by such water carrier thereunder) and by and 
under the laws and regulations applicable to transportation by water. 
Such water carriage shall be performed subject to all the terms and 
provisions of, and all the exemptions from liability contained in the 
Act of Congress of the United States, approved on February 13, 1893, and 
entitled ``An act relating to the navigation of vessels, etc.'' and of 
other statutes of the United States according carriers by water the 
protection of limited liability as well as the following subdivisions of 
this section: and to the conditions contained in this bill of lading not 
inconsistent with this section, when this bill of lading becomes the 
bill of lading of the carrier by water.
    (b) No such carrier by water shall be liable for any loss or damage 
resulting from any fire happening to or on board the vessel, or from 
explosion, bursting of boilers or breakage of shafts, unless caused by 
the design or neglect of such carrier.
    (c) If the owner shall have exercised due diligence in making the 
vessel in all respects seaworthy and properly manned, equipped and 
supplied, no such carrier shall be liable for any loss or damage 
resulting from the perils of the lakes, seas, or other waters, or from 
latent defects in hull, machinery, or appurtenances whether existing 
prior to, at the time of, or after sailing, or from collision, 
stranding, or other accidents of navigation, or from prolongation of the 
voyage. And, when for any reason it is necessary, any vessel carrying 
any or all of the property herein described shall be at liberty to call 
at any port or ports, in or out of the customary route, to tow and be 
towed, to transfer, trans-ship, or lighter, to load and discharge goods 
at any time, to assist vessels in distress, to deviate for the purpose 
of saving life or property, and for docking and repairs. Except in case 
of negligence such carrier shall not be responsible for any loss or 
damage to property if it be necessary or is usual to carry the same upon 
deck.

[[Page 78]]

    (d) General Average shall be payable according to the York-Antwerp 
Rules of 1924, sections 1 to 15, inclusive, and sections 17 to 22, 
inclusive, and as to matters not covered thereby according to the laws 
and usages of the Port of New York. If the owners shall have exercised 
due diligence to make the vessel in all respects seaworthy and properly 
manned, equipped and supplied, it is hereby agreed that in case of 
danger, damage or disaster resulting from faults or errors in 
navigation, or in the management of the vessel, or from any latent or 
other defects in the vessel, her machinery or appurtenance, or from 
unseaworthiness, whether existing at the time of shipment or at the 
beginning of the voyage (provided the latent or other defects or the 
unseaworthiness was not discoverable by the exercise of due diligence), 
the shippers, consignees and/or owners of the cargo shall nevertheless 
pay salvage and any special charges incurred in respect of the cargo, 
and shall contribute with the shipowner in general average to the 
payment of any sacrifices, losses or expenses of a general average 
nature that may be made or incurred for the common benefit or to relieve 
the adventure from any common peril.
    (e) If the property is being carried under a tariff which provides 
that any carrier or carriers party thereto shall be liable for loss from 
perils of the sea, then as to such carrier or carriers the provisions of 
this section shall be modified in accordance with the tariff provisions, 
which shall be regarded as incorporated into the conditions of this bill 
of lading.
    (f) The term ``water carriage'' in this section shall not be 
construed as including lighterage in or across rivers, harbors, or 
lakes, when performed by or on behalf of rail carriers.
    Sec. 10. Any alteration, addition, or erasure in this bill of lading 
which shall be made without the special notation hereon of the agent of 
the carrier issuing this bill of lading, shall be without effect, and 
this bill of lading shall be enforceable according to its original 
tenor.



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