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Carmack Amendment
Definition
The Carmack Amendment (49 U.S.C. 14706) is the federal law that makes interstate motor carriers liable for actual loss or injury to the property they transport, and sets minimum claim and lawsuit deadlines.
What it means
The statute requires a motor carrier to issue a receipt or bill of lading for property it receives, and makes the receiving carrier, the delivering carrier and any carrier over whose line the property moves liable for "the actual loss or injury to the property." A carrier may not give less than 9 months to file a claim or less than 2 years to sue after it disallows a claim, and liability can be limited to a value the shipper declares or agrees to in writing.[1]
How claims are processed, including what a written claim must contain, is set out in 49 CFR Part 370.[2] The dock-side steps that protect a claim are in freight damage claims.
Example
An importer finds two damaged pallets on delivery, notes them on the receipt and sends the carrier a written claim for a stated amount within the period on the bill of lading, which under Carmack cannot be shorter than 9 months.
Related
Related terms
- Overages, Shortages and DamagesOverages, shortages and damages (OS&D) is the receiving record of freight that arrived over the expected...Glossary
- Bill of LadingA bill of lading (BOL) is the document a carrier issues for freight it receives: a receipt for the goods and...Glossary
- Shipper Load and CountShipper load and count (SLC or SL&C) is a bill of lading notation meaning the shipper loaded and counted the...Glossary
Related freight problems
Sources
- Legal Information Institute, Cornell Law School, “49 U.S. Code § 14706, Liability of carriers under receipts and bills of lading,” Federal statute. Accessed September 2026.
- Legal Information Institute, Cornell Law School, “49 CFR § 370.3, Filing of claims,” Federal regulation. Accessed September 2026.
General operational information, not legal, customs or regulatory advice. Rules and rates change; confirm current requirements with the agency, carrier or contract that governs your shipment.
