§ 80113. — Liability for nonreceipt, misdescription, and improper loading.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80113]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 801--BILLS OF LADING
Sec. 80113. Liability for nonreceipt, misdescription, and
improper loading
(a) Liability for Nonreceipt and Misdescription.--Except as provided
in this section, a common carrier issuing a bill of lading is liable for
damages caused by nonreceipt by the carrier of any part of the goods by
the date shown in the bill or by failure of the goods to correspond with
the description contained in the bill. The carrier is liable to the
owner of goods transported under a nonnegotiable bill (subject to the
right of stoppage in transit) or to the holder of a negotiable bill if
the owner or holder gave value in good faith relying on the description
of the goods in the bill or on the shipment being made on the date shown
in the bill.
(b) Nonliability of Carriers.--A common carrier issuing a bill of
lading is not liable under subsection (a) of this section--
(1) when the goods are loaded by the shipper;
(2) when the bill--
(A) describes the goods in terms of marks or labels, or in a
statement about kind, quantity, or condition; or
(B) is qualified by ``contents or condition of contents of
packages unknown'', ``said to contain'', ``shipper's weight,
load, and count'', or words of the same meaning; and
(3) to the extent the carrier does not know whether any part of
the goods were received or conform to the description.
(c) Liability for Improper Loading.--A common carrier issuing a bill
of lading is not liable for damages caused by improper loading if--
(1) the shipper loads the goods; and
(2) the bill contains the words ``shipper's weight, load, and
count'', or words of the same meaning indicating the shipper loaded
the goods.
(d) Carrier's Duty To Determine Kind, Quantity, and Number.--(1)
When bulk freight is loaded by a shipper that makes available to the
common carrier adequate facilities for weighing the freight, the carrier
must determine the kind and quantity of the freight within a reasonable
time after receiving the written request of the shipper to make the
determination. In that situation, inserting the words ``shipper's
weight'' or words of the same meaning in the bill of lading has no
effect.
(2) When goods are loaded by a common carrier, the carrier must
count the packages of goods, if package freight, and determine the kind
and quantity, if bulk freight. In that situation, inserting in the bill
of lading or in a notice, receipt, contract, rule, or tariff, the words
``shipper's weight, load, and count'' or words indicating that the
shipper described and loaded the goods, has no effect except for freight
concealed by packages.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1351.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
80113(a).............................. 49 App.:102. Aug. 29, 1916, ch. 415, Sec. 22, 39
Stat. 542; restated Mar. 4, 1927, ch.
510, Sec. 6, 44 Stat. 1450.
80113(b).............................. 49 App.:101 (1st sentence). Aug. 29, 1916, ch. 415, Secs. 20, 21,
39 Stat. 541.
80113(c).............................. 49 App.:101 (last sentence
words before proviso).
80113(d)(1)........................... 49 App.:101 (last sentence
proviso).
80113(d)(2)........................... 49 App.:100.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the words ``a common carrier issuing a bill of
lading'' are substituted for ``If a bill of lading has been issued by a
carrier or on his behalf by an agent or employee the scope of whose
actual or apparent authority includes the receiving of goods and issuing
bills of lading therefor for transportation in commerce among the
several States and with foreign nations'' to eliminate unnecessary words
and for consistency with section 80102 of the revised title. The words
``at the time of its issue'' are omitted as surplus.
In subsection (b), before clause (1), the words ``A common carrier
issuing a bill of lading is not liable under subsection (a) of this
section'' are substituted for ``such statements, if true, shall not make
liable the carrier issuing the bill of lading'' for clarity. In clause
(1), the word ``goods'' is substituted for ``package freight or bulk
freight'' for consistency in this chapter. In clause (2)(B), the quoted
words are placed in quotation marks for consistency and to conform to
section 7-301 of the Uniform Commercial Code. The words `` `shipper's
weight, load, and count' '' are added for consistency in this section.
In subsection (d)(1), the words ``makes available to the common
carrier adequate facilities for weighing the freight'' are substituted
for ``installs and maintains adequate facilities for weighing such
freight, and the same are available to the carrier . . . when given a
reasonable opportunity so to do'' to eliminate unnecessary words. The
words ``In that situation, inserting the words `shipper's weight' or
other words of the same meaning in the bill of lading has no effect''
are substituted for ``and the carriers shall not in such cases insert in
the bill of lading the words `Shipper's weight', or other words of like
purport, and if so inserted contrary to the provisions of this section,
said words shall be treated as null and void and as if not inserted
therein'' for clarity and to eliminate unnecessary words.
In subsection (d)(2), the words ``and such carrier shall not, in
such cases'' are omitted as surplus. The words ``In that situation . . .
has no effect'' are substituted for 49 App.:100 (last sentence) for
clarity and to eliminate unnecessary words. The words ``except for
freight concealed by packages'' are substituted for ``or in case of bulk
freight and freight not concealed by packages the description made by
him'' for clarity and to eliminate unnecessary words.
