Load documentation

Scope

The documentation needed with a shipment varies, depending upon the type of transportation you are performing.

Regulatory citations

• 40 CFR 177.817 — Shipping papers
• 40 CFR 373.101 — For-hire, non-exempt motor carrier bills of lading

Key definitions

• Bill of lading: The bill of lading is an agreement between a shipper and a carrier governing their relationship with respect to the transportation of goods. It is the contract of carriage. As a contract, it names the parties involved and locations, defines the specific rate or charge for the transportation, and provides information regarding the limits of the carrier’s liability for damaged or lost goods. A contract carrier that has a specific agreement with a shipper is not required to use a bill of lading under 373.101.
• Exempt commodity: Items that the US Department of Transportation considers of little or no value. A partial listing of exempt and non-exempt commodities are found in Administrative Ruling 119.
• For-hire carrier of exempt commodities: An exempt for-hire motor carrier transports exempt (unregulated) property owned by others for compensation for which the carrier is not required to obtain for-hire authority. The exempt commodities usually include unprocessed or unmanufactured goods, fruits and vegetables, waste, and other items of little or no value.
• For-hire common carrier: A carriers that hauls cargo or passengers for any customer without a contract or master agreement. When acting as a common carrier, the goal is to obtain higher-paying loads from load boards on a load by load basis. All charges and conditions are subject to a bill of lading and rate sheet as agreed upon for specific loads.
• For-hire contract carrier: A carrier that has a contractual relationship with shippers, brokers, or freight forwarder to haul freight with the intent of creating more predictable load volumes on targeted freight lanes. The contract operates as a master agreement and covers rates, claims handling, accessorials, including loading or unloading charges. fuel surcharges, redelivery fees and any other charge that is in addition to the linehaul mileage rate. Individual rate sheets may also be issued for each load subject to the master agreement on legal requirements.

Summary of requirements

• For-hire common carriage. A for-hire common carrier transports goods for the general public, and is required to issue a bill of lading (shippers often prepare the bill of lading). The Bill of lading is the contract of carriage between the shipper and the carrier, and governs the terms of the transportation transaction. It also serves as the carrier’s receipt for the goods. Once signed, it binds both parties to all information and provisions in the document. See Bill of Lading and 49 CFR 373.101.

• For-hire contract carriage. For-hire carriers may provide transportation or service as contract carriers by entering into a contract with a shipper to provide specified services under specified rates and conditions. Under contract carriage the contract governs all aspects of transportation of the goods.
  • A contract carrier should have some kind of documentation with the load, such as a manifest or a bill of lading. Enforcement will want to see some paperwork, which should include at least the freight being carried and the origin and destination of the load. See For-Hire Carrier Authority

• For-hire exempt transportation. For-hire carriers of exempt commodities are “exempt” from needing FMCSA operating authority as long as they transport goods or perform transportation considered exempt by the US DOT.
  • See Exempt Transportation for information about exempt commodities/services.
  • The exemption while hauling exempt commodities is for FMCSA operating authority/MC number only. Exempt carriers are subject to all other FMCSA and/or state regulations.
  • Because this is for-hire transportation, there should be a Bill of Lading contract with the shipment.

• For-hire hazardous materials carriage. For-hire carriers transporting hazardous materials are required to have a Bill of Lading as their contract of carriage with the shipper. In addition to the general contract provisions, the bill of lading must also contain the information required for a hazardous materials shipping paper.
• Private hazardous materials carriage. Private carriers of hazardous materials are not required to have a Bill of Lading. However, they are required to have a shipping paper meeting the requirements in 49 CFR 177.817.
• Private non-hazardous carriage. Private carriers transport their own goods in their own vehicles in furtherance of a primary business that is not trucking. Private carriers of non-hazardous materials are not required by regulation to have a bill of lading — essentially there is no need to have a legal contract of carriage with themselves. However, private carriers should carry load documentation so enforcement can determine that they have legal custody of the goods. The documentation should, at a minimum, describe the freight being carried and indicate the origin and destination of the trip.