The Transportation and Logistics Council
TLC is a not-for-profit corporation dedicated to serving the interests of the shipping community through education and representation in issues relating to the transportation of goods. Virtually anyone that is directly or indirectly involved in transportation, distribution, logistics, purchasing, shipping, risk management, insurance, cargo inspection and surveying, loss prevention, packaging, customer service, consulting and legal services can benefit from membership.
Got a question? Visit our Q&A Forum to get answers to your questions about loss and damage (OS&D) claims, freight charge disputes, CSA2010, transportation contracts or other transportation law issues.
Take a look at our most Recent Publications.
SAVE THE DATE - 49th Annual Conference
May 1, 2023- May 3, 2023
Catamaran Resort Hotel
3999 Mission Blvd, San Diego, CA
Seminars will be offered on Sunday 4/30/2023
Catamaran Resort Hotel
3999 Mission Blvd, San Diego, CA
Seminars will be offered on Sunday 4/30/2023
The field of transportation and logistics is rapidly changing – new laws and regulations, supply chain interruptions, shortages of equipment, drivers and capacity, new technology – and the list could go on. Whether you are a newcomer or have years of experience, it is important to stay on top of developments and take advantage of the educational opportunities that are offered by TLC. Even though it may not be part of your “job description”, familiarity with subjects like cargo loss or damage, transportation contracts and transportation law are basic “things you need to know” to broaden and enhance your skills as a transportation professional.
TLC’s Fall Seminar program has for many years been presented as a series of full-day “live” seminars. As we learned from Covid and because of the demand for these educational sessions we changed over to multi-day 2-hour interactive “virtual” seminars using a Zoom platform. Each of our 2022 Fall Seminars is presented by leading transportation attorneys. See dates, times and details about the Fall Semnars below.
In addition to our intensive multi-day Fall Seminars, keep an eye out for our Virtual Workships which are focused on a specific topic and typoically last for 90 minutes.
Summer Series Virtual Workshops
October 12th 1:00pm Eastern
Fall Seminars
October 18 - 21 - 2:00pm - 4:00pm Eastern
November 1, 3, 8 & 10 - 2:00pm - 4:00pm Eastern
Course Descriptions & Registration Info Below
Summer Series
Virtual Workshops
Transportation Insurance - What You Need to Know
90 Minute Virtual Workshop
October 12, 2022- 1:00 pm - 2:30 pm Eastern
October 12, 2022- 1:00 pm - 2:30 pm Eastern
Insurance policies comes in many sizes, shapes and colors, but they only have one thing in common – expensive premiums. Have you ever examined the real risks from accidents, theft, freight loss or damage that could hurt your business? Have you ever read through your insurance policies to see whether they really address those risks?
This workshop will cover:
• Transportation insurance basics and definitions
• Motor carrier and surface freight forwarder insurance
• Freight broker and 3PL insurance
• Shipper interest insurance
Experts will explain the kinds of insurance products that are available, what they cover and what they don’t, and give their recommendations as to what coverage you need to have and require from your service providers to protect your interests.
Moderator:
Jeffrey L. Meyer, Manager Transportation, Nestle Purina PetCare
Panelists:
Justin Bahorik, Risk Manager, GEODIS
Matthew C. Koch, Esq., Marwedel, Minichello & Reeb, PC
Matt Reese, Vice President, Roanoke Insurnace
Register Here
Thank You To Our Virtual Workshop Sponsors
RECORDINGS OF PAST VIRTUAL WORKSHOPS CLICK HERE
Fall Seminars
Presented by: Gerard F. Smith
Based on the popular 4th Edition of “Freight Claims in Plain English”, authored by George Carl Pezold & William J. Augello, which is often referred to as the “Bible” on freight claims. This is a “soup to nuts” seminar covering a wide range of issues and topics related to freight claims and freight claim recovery. It will include a discussion of the Carmack Amendment as the basics of liability for loss and damage claims for freight in transit, bills of lading, burdens of proof, defenses, damages, limitations of liability, time limits, liability of carriers, freight forwarders, and warehousemen. It will define the liability of a broker for negligence, negligent hiring, breach of contract or when a broker holds itself out to be a carrier. It will explain how to can assist your customer in filing a claim against a carrier, the measure of damages, and the proof required for a claim against a carrier. It will also include a discussion of an ocean carrier’s liability under the Carriage of Goods by Sea Act (COGSA)
Whomever has the responsibility for dealing with freight claims, whether a manager, supervisor, or clerk, must be capable of reading, understanding, and applying different legal decisions, contracts, tariff rules, statutes, treaties, and government regulations. In addition, they must possess the attributes of an investigator, an arbitrator, a diplomat, a negotiator, and a bill collector. This course is designed to assist claims personnel at all levels obtain the basis degree of knowledge, training, and professionalism to fulfill those responsibilities.
It is hoped that this course will better prepare you to resolve claims in a more enlightened, legalistic, and professional manner, thus reducing the need for litigation to resolve such disputes.
Presented by Raymond A. Selvaggio
An intensive program on the practical and legal aspects of contracting for transportation and logistics services.
Learn different techniques about drafting and negotiating transportation contracts, such as the “do’s” and “don’ts” of contracting.
Also included is a review of important legal principles, statutes, and regulations affecting the contracting process, as well as a "walk through," in-depth discussion of actual contract provisions, terms and conditions.
This course is for both purchasers and providers of transportation services with a focus on the contractual relationships among motor carriers, shippers, brokers and other 3PLs.
Plus, attendees will have a unique opportunity to discuss their specific contracting problems and issues with a knowledgeable transportation attorney.
Thank you to Our Sponsor
ARTICLES & NEWS
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Suggested Procedures: Shipper Load & Count, Shipper Seals
By: George Carl Pezold
We receive a lot of questions involving shipper’s seals. Here are some recommendations and procedures for typical sealed “Shipper Load & Count” shipments (where driver is unable or not permitted to observe count and condition of the product).
Click here to read entire article.
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DELAY CLAIMS
By: George Carl Pezold We often get questions about delay claims and whether damages can be recovered. The simple answer is “Sometimes” but it depends on the individual facts and circumstances in each case.
A carrier is required by law to deliver with "reasonable dispatch". There is no question that delay can cause actual damage, and if so, such damage may be recoverable. As the Supreme Court said in New York, P. & N. R. Co. v. Peninsula Produce Exch. of Maryland, 240 U.S. 34 (1916):
Click here to read entire article.
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CONCEALED DAMAGE AND SHORTAGE CLAIMS
By George Carl Pezold
The Basics
Concealed Damage or Shortage is defined as damage or shortage that is not discovered (or could not be discovered) until after the carrier has completed delivery of the goods. It can occur in three ways: (1) the goods were already damaged or were not loaded on the truck at origin; (2) there was damage, theft, pilferage, etc. while the goods were in the possession or control of the carrier, or (3) the loss, damage or shortage occurred after the carrier had completed delivered of the goods to the consignee. Click here to read entire article.
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FOOD SAFETY – BROKEN OR MISSING SEALS
By George Carl Pezold
The Coronavirus pandemic has made us all very aware about the threat of possible exposure to contagious diseases. Viruses, bacteria, fungus, mold and other harmful substances can be anywhere and can travel around the world.
So what about food safety? Click here to read article
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LTL FUEL SURCHARGES
By George Carl Pezold
Almost everyone that ships “LTL” (less than truckload) freight is familiar with seeing a “Fuel Surcharge” (or “FSC”) as a separate line item on their freight bills. But, really, what are these charges and where did they come from? Click here to read article
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DESTINATION ACCESSORIAL CHARGES
By George Carl Pezold
We have been hearing complaints from shippers about being billed for destination accessorial charges such as for “liftgate” and “inside delivery” services that have not been requested or authorized and sometimes have not actually been provided.
Click here to read a recent example
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By Air Or By Ground - Does It Matter?
Federal Express recently announced that its FedEx Express unit, which handles time-definite shipments typically moving by air, will contract with its FedEx Ground unit to deliver residential parcels as long as they meet specific operating criteria. Click here to read article.
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Filing a Claim Against a Broker’s Surety Bond or Trust Fund
We often get questions from carriers or others about collecting unpaid freight charges from a broker.
All brokers are required by federal regulations (49 CFR §387.307) to obtain and file evidence of either a surety bond or trust fund in the amount of $75,000. You can find out information about the bond or trust fund on the FMCSA Licensing and Insurance website: Click here to access the letter to provide detailed information to accessing the website and instructions on how to search.
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Filing a lawsuit against a motor carrier or broker
We often get questions about how to bring a lawsuit against a motor carrier or broker that is located n another state. The FMCSA maintains a website with a “Licensing & Insurance” section:
Click here to access the letter to provide detailed information to accessing the website and instructions on how to search.
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ARE CLAIMS AGAINST BROKERS PREEMPTED BY FEDERAL LAW?
A recent trend which merits scrutiny by transportation claims professionals and the legal bar is the purported preemption of certain claims against brokers who arrange interstate motor carriage of goods Click here to read full article.
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How to Hire a Trucking Company (or a Broker)
Trucking companies come in all sorts and sizes from little one-truck companies to giants like UPS and FedEx. There are an estimated 790,000 companies that operate commercial motor vehicles, including private fleet and “exempt” carriers, which are registered with the Federal Motor Carrier Safety Administration (“FMCSA”), of which about 240,000 are active interstate “for hire” carriers that serve the general public. There are also about 20,000 licensed freight brokers - intermediaries that arrange for motor carrier services on behalf of shippers and receivers of freight. Click here to read the full article
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Dropped Trailers" and Liability for Shortage or Damage at Destination
Many large retailers and distributors control their inbound freight. They arrange for the transportation, have contracts with the carriers, pay the freight charges, and require their vendors to use only their designated carriers. And often they have "drop trailer" agreements with their carriers. Click here to read full article
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Fines for Late Deliveries or Missed Appointments
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. Click here to read full article.
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We often get questions about which party (the shipper or the consignee) is entitled to file a claim for freight loss or damage.
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FMCSA Website
THE FMCSA HAS REDESIGNED ITS WEBSITE - MAKING IT VERY DIFFICULT TO FIND SOME OF THE MOST FREQUENTLY USEFUL WEBPAGES. HERE ARE SOME HELPFUL ADDRESSES: The Licensing and Insurance (L&I) home page is now at: http://li-public.fmcsa.dot.gov/LIVIEW/pkg_html.prc_limain and can also be accessed at:
http://li-public.fmcsa.dot.gov/LIVIEW/pkg_carrquery.prc_carrlist The Safety and Fitness Electronic Records (SAFER) System is now at: safer.fmcsa.dot.gov The Safety Measurement System (SMS) which shows a carrier's Behavior Analysis and Safety Improvement Categories (BASIC scores) is now at: http://ai.fmcsa.dot.gov/default.aspx
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| Imposter Theft - Can a Carrier be Liable? - Unfortunately, imposter 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 tip, 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. |
| 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. |
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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.
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| Those Pesky Shortages "Shortages" are a perennial problem and it seems there is an epidemic, particularly small shortages in shipments of consumer goods to retailers. Many of these shortages are from sealed or "dropped" trailers, or shrink-wrapped pallets, and are not discovered or reported until after the truck driver leaves. . . . |
| Ocean Service Contracts & Service Agreements If you are an importer or exporter with a significant volume of ocean freight, you should definitely consider entering into a formal contract with the ocean carriers and/or NVOCC's that you deal with. |
| 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? |
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Freight Claims in Plain English (4th Ed. 2009) - New Soft Cover Edition
By George Carl Pezold and William J. Augello
Since its first publication in 1979, Freight Claims in Plain English has become "the Book" for transportation and logistics professionals throughout the country who are involved in claims for loss or damage in transit. It is used as a text for students of transportation, and as a reference for attorneys and paralegals involved in claim problems. . . . read more. . . . To read the table of contents click here or to order your copies click here for an order form |
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Q&A in Plain English Books XI
By George Carl Pezold and Raymond A. Selvaggio
"Transportation & Logistics - Q&A in Plain English - Book XI", is the eleventh in this series of the Transportation & Logistics Council's popular texts, and is a compilation of 275 of the most recent questions submitted to the Council's “Q&A” forum and published in the TransDigest.
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Q&A in Plain English Books 7,8 & 9 A Compilation on CD Disk By George Carl Pezold and Raymond A. Selvaggio "Transportation & Logistics - Q&A in Plain English - Books 7, 8 & 9" is a compilation of the seventh, eighth and ninth books in this series of the Council's popular texts that were originally published in 2009 through 2013. Since these were about to go out of print, the Council decided to re-publish this valuable reference material in a single CD version. Read More
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Transportation & Logistics Q & A in Plain English - Book Xby George Carl Pezold and Raymond A. Selvaggio
Q&A in Plain English - Book X, is the tenth in this series of the Transportation & Logistics Council's popular texts, and is a compilation of hundreds of the most recent questions submitted to the Council's “Q&A” forum and published in the TransDigest ...Read More..
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Transportation & Logistics Q & A in Plain English - Book IXby George Carl Pezold and Raymond A. Selvaggio Book IX is the ninth in this series of the Council's popular reference materials. The new text is a compilation of recent questions submitted to the Council's "Q&A" forum by shippers, carriers and logistics professionals and published in the TransDigest, and is loaded with informative answers by George Carl Pezold and Raymond A. Selvaggio, two leading transportation attorneys ....read more.... |
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Q&A in Plain English Books IV, V & VI A Compilation on CD DiskBy George Carl Pezold and Raymond A. Selvaggio “Q&A in Plain English – Books 4, 5 & 6” is a compilation of the fourth, fifth and sixth of the Council’s popular texts that were originally published in 2004 through 2007. Since these were about to go out of print, the Council decided to re-publish this valuable reference material in a single CD version. . . . read more. . . .
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Transportation & Logistics Q & A in Plain English - Book VIIIby George Carl Pezold and Raymond A. Selvaggio This is the eighth in this series of the Council's popular texts that are based on hundreds of actual questions submitted to TLC's "Q & A" forum on the Internet, to the TLC HotLine and to the TransDigest by shippers, carriers and logistics professionals. The new text is loaded with informative answers by George Carl Pezold and Raymond A. Selvaggio, two leading transportation attorneys. . . . read more. . . . |
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Shipping & Receiving in Plain English - A "Best Practices" GuideBy George Carl Pezold Implementation of a "best practices" program, together with planning, good procedures, instruction and education of employees will help your company to avoid or mitigate many of the problems and conflicts over freight claims, freight charges, legal disputes, violation of laws or regulations and other matters that come up in the area of transportation and logistics and save money for your company. . . . read more. . . . |
LOSS PREVENTION AND MITIGATION OF DAMAGES
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