2013 US Code
Title 49 - Transportation
Subtitle X - MISCELLANEOUS (§§ 80101 - 80504)
Chapter 801 - BILLS OF LADING (§§ 80101 - 80116)
Section 80103 - Negotiable and nonnegotiable bills

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 49 - TRANSPORTATION
SUBTITLE X - MISCELLANEOUS
CHAPTER 801 - BILLS OF LADING
Sec. 80103 - Negotiable and nonnegotiable bills
Containssection 80103
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditPub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1346.
Statutes at Large References39 Stat. 539
108 Stat. 1346
Public Law ReferencePublic Law 103-272

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Negotiable and nonnegotiable bills - 49 U.S.C. § 80103 (2013)
§80103. Negotiable and nonnegotiable bills

(a) Negotiable Bills.—(1) A bill of lading is negotiable if the bill—

(A) states that the goods are to be delivered to the order of a consignee; and

(B) does not contain on its face an agreement with the shipper that the bill is not negotiable.


(2) Inserting in a negotiable bill of lading the name of a person to be notified of the arrival of the goods—

(A) does not limit its negotiability; and

(B) is not notice to the purchaser of the goods of a right the named person has to the goods.


(b) Nonnegotiable Bills.—(1) A bill of lading is nonnegotiable if the bill states that the goods are to be delivered to a consignee. The indorsement of a nonnegotiable bill does not—

(A) make the bill negotiable; or

(B) give the transferee any additional right.


(2) A common carrier issuing a nonnegotiable bill of lading must put "nonnegotiable" or "not negotiable" on the bill. This paragraph does not apply to an informal memorandum or acknowledgment.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1346.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80103(a)(1) 49 App.:83. Aug. 29, 1916, ch. 415, §§2, 3, 6, 7, 29 (last sentence), 39 Stat. 539, 543.
80103(a)(2) 49 App.:87.
80103(b)(1) 49 App.:82.
  49 App.:109 (last sentence).
80103(b)(2) 49 App.:86.

In subsection (a)(1), the words "A bill of lading is negotiable if . . . states that the goods are to be delivered to the order of a consignee" are substituted for "A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill" for clarity and consistency in the revised title and with other titles of the United States Code. The words "does not contain on its face an agreement with the shipper that the bill is not negotiable" are substituted for 49 App.:83 (last sentence) for clarity and to eliminate unnecessary words.

In subsection (a)(2)(B), the words "right the named person has" are substituted for "rights or equities of such person" for clarity.

In subsection (b)(1), before clause (A), the words "A bill of lading is nonnegotiable if" are substituted for "A bill in which . . . is a straight bill" in 49 App.:82 for consistency in the revised title and with other titles of the Code. The words "free from existing equities" in 49 App.:109 (last sentence) are omitted as surplus.

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