Contracts

loaders said:
It would only be the HTA if the load originated in Ontario. Any load originating in the US would fall under US regulation, regardless of the destination. Glad to see we all can agree that payment of the freight charges only relates to final payout of the claim and does not prevent a carrier from initiating an investigation and acknowledging the existence of the claim.
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Actually it would be TTA (Truck Transportation Act), and that encompasses all truck traffic within Canada. HTA (Highway Traffic Act) has nothing to do with the contract of carriage, but I get your point. Coming in from, or going out to, the US would make the claim relevant under Carmack, which is essentially the same as TTA except for one vital entry. Under TTA the carrier is required to pay the claimant manufactured cost. Under Carmack, the carrier has to pay selling price. Big difference ... especially today with a 40% exchange rate.
 
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You are correct. I was responding more to johnny chicken's comment regarding the HTA.
 
Michael Ludwig said:
Actually it would be TTA (Truck Transportation Act), and that encompasses all truck traffic within Canada. HTA (Highway Traffic Act) has nothing to do with the contract of carriage, but I get your point. Coming in from, or going out to, the US would make the claim relevant under Carmack, which is essentially the same as TTA except for one vital entry. Under TTA the carrier is required to pay the claimant manufactured cost. Under Carmack, the carrier has to pay selling price. Big difference ... especially today with a 40% exchange rate.
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I really don't like to argue... ;)... but... The HTA actually does have plenty to do with the contract of carriage, in fact the link I provided earlier takes you to the section in the HTA on "Carriage of Goods" and among other things, it goes on to explain the information that is required in a contract of carriage... please see the following:

http://www.ontario.ca/laws/regulation/050643#BK3
 
I was under the impression that the law applies to the area that the incident occurred. If the incident was in Canada, the HTA will apply. If the incident was in the US you are responsible to Carmack rules. I guess the next time my insurance broker is in I will have to find out.

The problem would be if you have signed a contract that specifically states which laws you agreeing to or if the claimant sues and convinces a court that the carriage contract should override the incident location.....

I'm glad I have not had to deal with a situation like this directly.
 
It was explained to me at a recent NTBA meeting regarding Bills of Lading, that the law of the jurisdiction where the contract (B/L) was entered into, would apply. In reality, if the shipper was US based, and the freight was prepaid, they would be very anxious to have the matter settled under Carmack regulations, even if the damage occurred during the Canadian portion of the trip. In other words, the US shippers Bill of Lading and the terms and conditions contained within, would be the determining document.
 
jonny-chicken said:
I really don't like to argue... ;)... but... The HTA actually does have plenty to do with the contract of carriage, in fact the link I provided earlier takes you to the section in the HTA on "Carriage of Goods" and among other things, it goes on to explain the information that is required in a contract of carriage... please see the following:

http://www.ontario.ca/laws/regulation/050643#BK3
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Well, I'll be damned ... I've never had to deal with that section of the HTA. I didn't even know that part was in there.
You see, it's never too late to teach an old dog new tricks :)
 
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Just might .... got this baby all tricked out ... it's even got satellite radio and Bluetooth !!!!
 

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Michael,

I thought the LCV was for the highway runs only... the Pink seated version is the summer power unit, and the enclosed straight scooter is for those wet n snowy days in Canada.

Sry.... I couldn't resist.

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image02.jpg images.jpg redneck_scooter_199.jpg
 
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Freightbroker: Where you paid by your customer for freight charges of the freight that you had a claim on? or does your time then also become $0 value when a claim occurs?
 
No, where the incident involved a total loss and the load was not delivered the shipper understandably did not pay me anything for the freight. The shipper was GM. Nor did the carrier expect anything. It all worked out well, and I'm glad that these incidents have been few and far between.
 
Has anyone been presented a contract by Service Freight. I can't believe the crap they put in. They want to be able to inspect the carriers books for up to 7 years prior. Deduct from payment for any type of cargo damage whether the carrier is at fault or not. They site the FMCSA regs and Carmak but fail to have a current brokerage bond. The contract is so ridiculous.
 
Service Freight Systems Inc.
L.K.A. 2201 Brant Street, Burlington, ON, L7P 3N8
PH: 1-905-319-6565

Is that who you're talking about?
 
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