§ 80103. — Negotiable and nonnegotiable bills.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80103]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 801--BILLS OF LADING
Sec. 80103. Negotiable and nonnegotiable bills
(a) Negotiable Bills.--(1) A bill of lading is negotiable if the
bill--
(A) states that the goods are to be delivered to the order of a
consignee; and
(B) does not contain on its face an agreement with the shipper
that the bill is not negotiable.
(2) Inserting in a negotiable bill of lading the name of a person to
be notified of the arrival of the goods--
(A) does not limit its negotiability; and
(B) is not notice to the purchaser of the goods of a right the
named person has to the goods.
(b) Nonnegotiable Bills.--(1) A bill of lading is nonnegotiable if
the bill states that the goods are to be delivered to a consignee. The
indorsement of a nonnegotiable bill does not--
(A) make the bill negotiable; or
(B) give the transferee any additional right.
(2) A common carrier issuing a nonnegotiable bill of lading must put
``nonnegotiable'' or ``not negotiable'' on the bill. This paragraph does
not apply to an informal memorandum or acknowledgment.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80103(a)(1)........................... 49 App.:83. Aug. 29, 1916, ch. 415, Secs. 2, 3, 6,
7, 29 (last sentence), 39 Stat. 539,
543.
80103(a)(2)........................... 49 App.:87.
80103(b)(1)........................... 49 App.:82.
49 App.:109 (last sentence).
80103(b)(2)........................... 49 App.:86.
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In subsection (a)(1), the words ``A bill of lading is negotiable if
. . . states that the goods are to be delivered to the order of a
consignee'' are substituted for ``A bill in which it is stated that the
goods are consigned or destined to the order of any person named in such
bill is an order bill'' for clarity and consistency in the revised title
and with other titles of the United States Code. The words ``does not
contain on its face an agreement with the shipper that the bill is not
negotiable'' are substituted for 49 App.:83 (last sentence) for clarity
and to eliminate unnecessary words.
In subsection (a)(2)(B), the words ``right the named person has''
are substituted for ``rights or equities of such person'' for clarity.
In subsection (b)(1), before clause (A), the words ``A bill of
lading is nonnegotiable if'' are substituted for ``A bill in which . . .
is a straight bill'' in 49 App.:82 for consistency in the revised title
and with other titles of the Code. The words ``free from existing
equities'' in 49 App.:109 (last sentence) are omitted as surplus.
