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.
 

 

TLC's Virtual Fall Seminars

For almost 50 years the Transportation & Logistics Council has become known by its mission “Education for Transportation Professionals”. One of the featured sessions at the Annual Conference each Spring and again in the Fall has been three very popular full-day seminars that we are now presenting as “Virtual Seminars”:

•            Transportation Logistics and the Law - Completed
•            Freight Claims in Plain English
•            Contracting for Transportation and Logistics Services
 
All three seminars will be in an interactive Zoom format allowing for participation and questions by the attendees.  
Register Here (.pdf)
Freight Claims in Plain English
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, such as the basics of liability for loss and damage to freight in transit, bills of lading, burdens of proof, defenses, damages, limitations of liability, time limits, liability of carriers, freight forwarders, warehousemen, and other intermediaries. It will define the liability of a broker for negligence, negligent hiring, breach of contract or when a broker hold 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.
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.
 
 8 hour course held over 3 days

Monday, October 18th through Wednesday October 20th – 2:00pm – 4:40pm Eastern

 
Members $550 and Non-Members - $650
 
Thank you to Our Sponsors
Contracting for Transportation & Logistics Services
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.
 
8 hour course held over 4 days
 
Tuesday, October 26th & Thursday October 28th – 2:00pm – 4:00pm Eastern
Tuesday, November 2nd & Thursday November 4th – 2:00pm – 4:00pm Eastern
 
Members $550 and Non-Members - $650
 
Thank you to our Sponsor

 

Thank You to Our Sponsors

 
 
 

SAVE THE DATE - 48th Annual Conference

 March 21, 2022 - March 23, 2022
Doubletree by Hilton Orlando at SeaWorld 
 10100 International Dr, Orlando, FL 
 
Seminars will be offfered on Sunday March 20, 2022

TLC VIRTUAL WORKSHOPS

 

RECORDING OF PAST WORKSHOPS CLICK HERE

THANKS TO OUR WORKSHOP SPONSORS
 
AMERICAN TRUCK & RAIL AUDITS
 
 
AMTR is the nation’s premier provider of after-payment freight auditing services. We work with shippers to recover overcharges and reduce future freight spend using a Smart Auditing® approach which is built on a foundation of expert auditors enabled by leading-edge IT tools and proprietary knowledge-based discovery processes.
 
AMTR works on a contingency basis and as such receives a percentage of the overpayments we recover for you. As such, our service never costs – only pays! We have been in the business 35+ years and serve a variety of Fortune 100/500 clients.
Cargo Salvage Claims
CSC was founded in 1992 by CEO/owner Donna Wyss after working Hurricane Andrew.  Donna has over 40 years’ experience in the Insurance, Retail, Wholesale and Salvage Industry.  CSC prides our company on Diligence, Integrity, Quality Sales and Service for our  customers.
Increase your salvage returns. Our services span across many descriptions: Cargo Damage, Derailments, Temperature, Fire, Theft, Shortages, Overages and Time Sensitive Freight.
We maintain a large and diverse database of potential buyers throughout the USA, Canada, Mexico and Europe. Our buyers include Retail, Wholesale and Manufacturers. We are continually expanding this network to remain competitive in the Industry.
 
NorthAmerican Transportation Association
NorthAmerican Transportation Association is a nationwide transportation-related association that was founded in 1989. Its members generally consist of small to medium private and for-hire carriers all across the United States covering a variety of diverse businesses all in the transportation-related field.
Our goal is to empower our members with updated State and Federal knowledge of regulations We are committed to improving driver safety and eliminating risks before they interfere with our members businesses.
We try to bring to the table various benefits and services that our members can use on a daily basis to make their jobs and lower their business risks not only more attainable but also sustainable.
TranSolutions, LLC a subsidiary of MercuryGate
 
MercuryMyEZClaim is a private cloud-based Software used by 74,000+ companies and 5000+ users worldwide. The SaaS application allows customers to manage cargo claims, OS&D incidents, carrier claims, vendor claims and overcharge claims through a streamlined process utilizing work management software designed to create claims, automate follow-up task/alerts, and scheduled reports. 
TSI is offering all participants a free no cost no commitment 90-day MercuryMyEZClaim trial offer. Please email sales@myezclaim.com for more information. 
 ABF Freight - An ArcBest Company
 
ArcBest® delivers integrated logistics solutions for a variety of supply chain challenges. Our offerings include less-than-truckload services via the ABF Freight® network, ground expedite solutions through Panther Premium Logistics®, household moving under the U-Pack® brand and vehicle maintenance and repair from FleetNet America®. From Fortune 100 companies to small businesses, our customers trust and rely on ArcBest for their transportation and logistics needs.

ARTICLES & NEWS

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.

 

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.

 

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.
 
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
 
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
 
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
 
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.
 
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.
 
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.
 
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.
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
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
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.
We often get questions about which party (the shipper or the consignee) is entitled to file a claim for freight loss or damage.  
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_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
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.
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.
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?
 

RECENT PUBLICATIONS
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

  
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.

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 
  
 
 

Transportation & Logistics Q & A in Plain English - Book X

by 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..

                                                                                             

Transportation & Logistics Q & A in Plain English - Book IX

by 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....
 

Q&A in Plain English Books IV, V & VI A Compilation on CD Disk

By 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 VIII

by 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" Guide

By 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. . . .

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LOSS PREVENTION AND MITIGATION OF DAMAGES