License to bill

By Ray Bohman -- Logistics Management, 8/1/1998

Shippers now have a new option when it comes to obtaining bill-of-lading forms. In late March of this year, after revising the two remaining standard bills of lading published in the National Motor Freight Classification (NMFC), the National Motor Freight Traffic Association (NMFTA) Inc., which publishes the NMFC, notified carriers and the shipping public that a license was available that would allow them to print or have printed the newly revised Uniform Straight Bill of Lading - Original - Not Negotiable and/or the Straight Bill of Lading - Short Form - Original - Not Negotiable, whose copyrights are held by the American Trucking Associations Inc. (ATA). Upon contacting the NMFTA, any shipper will be issued a royalty-free license to print the bill of lading for its own use. (A sample copy of the agreement is reproduced herein).

Since then, there has been some confusion as to when a shipper or printer of bills of lading is required to secure a license agreement. Obviously, if someone were to reprint either document exactly as it is now printed in Supplement 6 of NMFC 100-X, a license agreement would be required. But what if certain provisions were altered, added, or dropped, such as all references to hazardous materials because the shipper never ships such materials? We initially were informed no license would be required. However, I have since heard from Bill Pugh, counsel for the NMFTA, who says that even more substantive changes would be required before it would become unnecessary to secure such a license agreement.

My advice after talking with Mr. Pugh is, when in doubt, cover yourself by taking out an agreement. It costs you nothing and it requires only your company name, address, date, and the signature and title of a responsible officer of your business who is authorized to execute such agreements. Once the document is completed, keep your copy in a permanent file so it won't get thrown out. You'll then be protected if ATA should ever take action against anyone who should have taken out an agreement but didn't. (It has never happened, but the ATA might someday decide it should move to protect its copyright.)

To secure a copy of the new license agreement, write or call Paul G. Levine, Membership and Publications Manager, NMFTA, 2200 Mill Road, Alexandria, VA 22314-4654. Phone: (703) 838-1810; Fax: (703) 683-1094; E-mail: nmfta@erols.com; Web site: www.erols.com/nmfta.

Ray Bohman is a well-known consultant and author. Mr. Bohman is editor of several highly successful newsletters on transportation and is a consultant to a number of national trade associations. He is president of The Bohman Group, consultants and publishers in the freight-transportation field. His offices are located at 27 Bay Lane, Chatham, MA 02633. Phone: (508) 945-2272.