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Drafting Motor Carrier Agreements: Anticipating and Addressing Cargo Claims, Carrier Indemnity Obligations and More

Navigating MAP-21 Legislation, Carrier Safety Performance and Compliance Requirements, and Other Key Concerns for Motor Carriers

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, May 19, 2016

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss key legal and regulatory considerations for counsel drafting and negotiating motor carrier agreements. The panel will examine a number of issues affecting motor carriers, including the Federal Highway Administration’s (FHA) MAP-21 legislation, the Federal Motor Carrier Safety Administration’s (FMCSA) Safety Measurement System and more. The panelists will also discuss how counsel can anticipate and proactively address cargo claims, carrier indemnity obligations and other commonly disputed agreement terms when drafting motor carrier contracts.

Description

Counsel drafting and negotiating motor carrier agreements must comply with a wide array of federal, state and international laws while effectively allocating risk and reducing liability exposure. Having a keen understanding of the FHA’s MAP-21 legislation, the FMCSA’s Behavior Analysis and Safety Improvement Categories (BASICs), and carrier indemnity obligations to customers, among other important legal and regulatory issues, is key to successful contract negotiations.

Motor carrier agreements should address at a minimum the number and series of shipments to be transported; the scope of services; the interplay of the motor carrier agreement with bills of lading; warranties and indemnity; insurance; and payment.

Listen as our authoritative panel of attorneys discusses best practices for drafting motor carrier contracts that take into account a myriad of rules and regulations governing safety, as well as anti-indemnification laws in various states. The panel will explain how to avoid common contracting pitfalls when negotiating agreements that allocate risk and minimize liability exposure.

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Outline

  1. Federal and state regulations/legislation impacting motor carrier contracts
  2. Key provisions in motor carrier agreements
  3. Dealing with indemnity disputes

Benefits

The panel will review these and other key issues:

  • How do the FHA’s MAP-21 legislation, the FMCSA’s Safety Measurement System, and other key federal, state and international laws impact the drafting and negotiation of motor carrier contracts?
  • What considerations should counsel take into account when negotiating key contract terms?
  • What are some common contracting pitfalls with motor carrier contracts and how can they be avoided or overcome?

Faculty

Jason Orleans
Jason Orleans

Partner
Chilton Yambert Porter

Mr. Orleans focuses in the area of casualty defense, with an emphasis on transportation litigation, including the...  |  Read More

Bierman, William
William D. Bierman

Principal
Price Meese Shulman & D’Arminio

Mr. Bierman leads a unique Transportation Law Group and has been actively engaged in the practice of...  |  Read More

Jason E. Engkjer
Jason E. Engkjer

Lommen Abdo

Mr. Engkjer practices primarily in the areas of commercial litigation, collection and workouts, corporate planning and...  |  Read More

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