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.
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.
In addition to our Annual Conference, keep an eye out for our Virtual Workshops which are focused on a specific topic and typoically last for 90 minutes.
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”:
• 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.
Thank you to Our Sponsor
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. 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 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 basic 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 4 days
Tuesday, February 14th & Thursday, February 16th - 2:00pm - 4:00pm Eastern
Tuesday, February 21st & Thursday, February 23rd - 2:00pm - 4:00pm Eastern
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, February 28th & Thursday March 2nd– 2:00pm – 4:00pm Eastern
Tuesday, March 7th & Thursday, March 9th – 2:00pm – 4:00pm Eastern
May 1 - 3, 2023
San Diego, California
The world of transportation and logistics is ever changing!
The Transportation & Logistics Council’s 49th Annual Conference is coming up in San Diego on May 1st through 3rd at the Catamaran Resort Hotel.
The Council has assembled an impressive list of top experts and experienced practitioners that will keep you up to date, teach you the things you need to know and use in your everyday business, and to excel in your job. That’s why we call this Conference “Education for Transportation Professionals”.
Wouldn’t be great to get out from behind that desk and get together with business associates and friends that you have only been seeing on that “Zoom” screen and meet new ones! You can do it! Come join with other transportation and logistics professionals at the best educational conference in the industry and enjoy the great opportunity for networking at our Hospitality Suites and President’s Reception.
And, for those that want an in-depth educational experience, before the Conference on Sunday, April 30th, the Council also offers three optional full-day Seminars - Contracting for Transportation & Logistics Services, Freight Claims in Plain English, and Transportation, Logistics and the Law, all presented by leading transportation attorneys. Click here to see a full description of these great Seminars!
Advance Program click here
Click here for Registration information. For Hotel arrangements Click here
Hospitality Suites Sponsorships - Sponsors will have their company name/logo prominently displayed at the entrance to the Hospitality Suite, Exhibitor Area,along with being publised in the conference program and the TransDigest - Click Here to sponsor
Be An Exhibitor - Each year we invite companies that may be interested in exhibiting their products and services to our attendees. This is an excellent opportunity for companies to show off their products and services to a select group of attendees representing shippers, carriers, intermediaries and related transportation service providers. Click here for details
CCPAC will be doing its CCP Exam Primer Class on Sunday, April 30, 2023 as the other pre-conference seminars; and the CCPAC Annual Membership Meeting will be Monday, May 1, 2023, immediately following the last speaker on Mondays conference program; and we will conduct the CCP Exam on Wednesday afternoon from 12:30 to 3:30 PM. For more information please contact CCPAC
Catamaran Resort Hotel
3999 Mission Blvd, San Diego, CA
Virtual Workshops
Check back for any upcoming Virtual Workshops
Thank You To Our Virtual Workshop Sponsors
Help the Council grow, succeed & fulfill its educational mission
RECORDINGS OF PAST VIRTUAL WORKSHOPS CLICK HERE
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.
To read the table of contents click here or to order your copy click here for an order form
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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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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. . . . |
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