Summary of Electronic Bill of Lading Legal Issues in Trucking

Abstract

The use of electronic bills of lading (B/Ls) is a rapidly evolving area that faces much uncertainty. The intent of this paper is to provide a brief review of the history of motor carrier B/L legislation and to summarize some of the legal issues involving the use of electronic B/L such as issues related to contracts, evidence of affreightment, evidence of title, accident and casualty documentation, and regulatory and security compliance. The motor carrier industry, including its customers and regulatory agencies, are the primary stakeholders in the electronic B/L area. But the behavior of these primary stakeholders could affect the safety and welfare of the public at large, especially in issues involving the Department of Homeland Security and the Customs and Border Patrol. Notwithstanding the unsettled legal issues, the hope is that the use of electronic B/L will lead to improvements in efficiency, safety, and security.