Articles & News

Recent articles in the trade press have described “fines” that are levied by major grocers on refrigerated carriers transporting perishables for late deliveries and missed delivery appointments.  Among the retailers that have been named are three major grocery chains, Kroger, Safeway and Wal-Mart.  While it is well known that delay (and temperature abuse) can cause or contribute to spoilage or shortened shelf life, the carriers complain that often these penalties are unfair because they fail to recognize the problems that carriers run into with severe weather, bad roads, congestion and hours of service limitations.
We often get questions about which party (the shipper or the consignee) is entitled to file a claim for freight loss or damage.  

Background:  TRUs are refrigeration systems that are powered by diesel internal combustion engines (inside the same housing) designed to control the environment of temperature-sensitive products that are transported in trucks, trailers, shipping containers, and railcars.  

Does a broker have a duty to hire a carrier with adequate cargo insurance?  - This question has come up a number of times on the Council's Q&A forum, so we thought that this short memorandum might be of interest.  Two court decisions that address the question of whether a broker has a duty to hire a carrier with cargo insurance that adequately covers the commodity and/or value of the shipper's goods are discussed below

Imposter Theft - Can A Carrier Be Liable? - Unfortunately, impostor thefts have become all too common, partly because it is all too easy for thieves to obtain information about high-value shipments and how to steal them from various sources: truck stops, load boards, rate quotes, websites, emails, insider tips, etc.

CARGO LIABILITY OF MEXICAN MOTOR CARRIERS - Many U.S. companies are doing business in Mexico and questions frequently arise about the liability of Mexican motor carriers for cargo loss or damage.

CARB Reefer Regulations to Become Effective January 1, 2013 - New California Air Resources Board (CARB) regulations will become applicable to reefer-equipped trucks, tractor-trailers, shipping containers and railcars for the transport of perishable goods on California highways or railways that will impact brokers, forwarders, shippers, receivers, carriers and drivers.

Anti-Indemnity Clauses in Transportation Contracts - Many shippers have been including broad indemnity clauses in their transportation contracts. Recent legislation could make these clauses void or unenforceable.

How to File a Freight Claim for Loss or Damage - The Council's popular information booklet on "How to File a Freight Claim for Loss or Damage" has been completely revised and updated. You may wish to print it out separately and retain it as a handy reference.

Wells Fargo - CSA Good Intentions - Critical report on the FMCSA's methodology for rating motor carriers in Compliance, Safety, Accountability safety program.

The FMCSA's "5-Year Strategic Plan" - New Regulations?

Broker out of Business?  Are trucking companies and/or their collection agencies seeking payment of freight invoices that you already paid to your broker?  Do you have to pay these charges . . . maybe?