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Transportation, Logistics and the Law I

LAW I
Governmental Jurisdiction over Transportation, and Surface Transportation Modes (Rail and Motor)


Objectives:

  1. To explain the laws and government regulations remaining after deregulation as they apply to the railroad and motor carrier industries.
  2. To describe how the laws and regulations impact the shipping, movement, storage, insuring and receiving of goods.
  3. To state the use of bills of lading, tariffs, rate agreements and discounts in domestic commerce.
  4. To prepare all parties to transportation arrangements for the breakdowns, accidents and service failures that occasionally occur in the distribution cycle, and to provide suggestions on how to adopt preventive measures.
  5. To explain the rights and obligations of shippers, carriers, intermediaries, insurers and receivers of freight.
  6. To develop the differences between motor carriers of truckload and less-than-truckload freight vis a vis household goods carriers and parcel express carriers.
  7. To summarize the problem areas remaining in the domestic and global movement of goods, and possible remedies to be considered.
  8. To record how court and administrative agency decisions affect all parties to transportation arrangements.

Learning Outcome:

Students will be prepared for employment in transportation or logistics positions with a shipper, receiver, surface carriers, intermediary, transportation consultant, law firm, insurer or government agency. Students will be knowledgeable as to the differences between surface modes of carriage including the licensing thereof by federal agencies. Students will also be aware of the problem areas in the distribution cycle, and will be prepared to avoid such problems by negotiating appropriate contract provisions and employing preventive measures.

Instruction:

Major topics covered in this course are the U.S. Statutes and Regulations governing the movement of goods to, from and within the U.S. and its Territories and Possessions, including the most recent changes to Laws impacting Transportation and Logistics. Particular focus is provided for surface Transportation modes (Rail and Motor) and how the laws affect these modes relative to contracts, bills-of-lading, claims, liability, and jurisdictional authority.

TOPICS: HOURS
1. The U.S. Statutes and Regulations governing the movement of goods to, from and within the U.S. and its Territories and Possessions. 15
2. The legislative history of the most important transportation regulatory laws, and their recent changes. 15
3. The requirements for conducting operations as a carrier, a freight forwarder or a truck broker. 10
4. Carriers' liability for loss, damage and delay, and the burdens of proof when administering claims and suits. 10
5. Liability for the payment of freight charges. 10
6. Contracting between the parties to transportation. 10
7. Bills of Lading terms, conditions and forms. 15
8. Liens for the payment of freight. 10
9. Case law affecting transportation and logistics.and Arbitration as an alternative remedy. 15
10. Jurisdiction of the courts in transportation disputes and Arbitration as an alternative remedy. 15
11. Case Studies 15
12. Final Exam 15
Total Hours 155

Textbook:

Transportation, Logistics and the Law, William J. Augello, Esq. Copyright 2001. ISBN: 971523207