On Deck Bill Of Lading Template for the United States

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What is a On Deck Bill Of Lading?

The On Deck Bill of Lading is a specialized maritime transport document used when cargo must be transported on the deck of a vessel rather than in its holds. This document is particularly important as it explicitly acknowledges the increased risks associated with deck carriage and typically modifies the carrier's standard liability terms. Under U.S. jurisdiction, this document must comply with federal maritime regulations while providing clear evidence of the contract of carriage and serving as a document of title. The On Deck Bill of Lading includes crucial information about the parties involved, cargo details, voyage information, and specific terms related to on deck stowage.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

United States

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the On Deck Bill Of Lading

When you need to transport cargo on a vessel's deck rather than in protected cargo holds, an On Deck Bill of Lading becomes essential documentation under United States maritime law. This specialized transport document acknowledges the inherent risks of deck carriage while establishing clear contractual terms between shippers, carriers, and consignees for maritime transportation.

When do you need this document?

You require an On Deck Bill of Lading when shipping oversized cargo that cannot fit in standard cargo holds, such as heavy machinery, construction equipment, or containers exceeding hold dimensions. This document is also necessary when transporting hazardous materials that require deck stowage for safety reasons, or when cargo specifications explicitly require open-air transport. Port authorities and customs officials will require this documentation for clearance procedures, while insurance providers need it to assess coverage terms for deck cargo risks.

Key legal considerations

The most critical aspect of on deck cargo is the modification of carrier liability under maritime law. Unlike cargo stowed in holds, deck cargo faces increased exposure to weather, sea conditions, and potential loss overboard. Your bill of lading must clearly state the on deck stowage to ensure proper legal protection. The carrier's liability limitations under COGSA may not automatically apply to on deck cargo unless specifically agreed upon in writing. You should carefully review clauses regarding risk allocation, insurance requirements, and force majeure provisions. The document must clearly identify all parties, including notify parties for customs clearance, and specify cargo details with accurate weights and measurements.

Legal requirements in United States

Under U.S. maritime law, your On Deck Bill of Lading must comply with multiple federal statutes. The Carriage of Goods by Sea Act (COGSA) governs international ocean transport but requires explicit agreement for on deck cargo coverage. The Federal Bills of Lading Act (Pomerene Act) establishes rights and liabilities for bill of lading transfers in interstate and international commerce. When COGSA doesn't apply, the Harter Act provides regulatory framework for maritime contracts, particularly relevant for coastwise trade and on deck situations. Your document must include mandatory information such as carrier identification, voyage details, complete cargo description, and clear on deck stowage declaration. The Ocean Shipping Reform Act adds additional compliance requirements for carrier practices and shipping contract terms. Proper documentation ensures enforceability of contractual terms and protects your interests in case of cargo damage or loss during maritime transport.

GOVERNING LAW

Applicable law

This On Deck Bill Of Lading is drafted to comply with United States law. Key legislation includes:

COGSA 1936: Carriage of Goods by Sea Act - Primary US federal law governing the rights and responsibilities between shippers and carriers in international ocean transport. Note: Special attention needed as COGSA doesn't automatically apply to on deck cargo.

Pomerene Act 1916: Federal Bills of Lading Act - Governs the rights and liabilities of parties involved in the issuance and transfer of bills of lading in international and interstate commerce.

Harter Act 1893: US federal law that regulates maritime contracts of carriage, particularly relevant when COGSA doesn't apply. Important for coastwise trade and on deck cargo situations.

Ocean Shipping Reform Act: Modern legislation governing ocean shipping practices, focusing on carrier practices, shipping contracts, and regulatory compliance in maritime transport.

The Hague Rules: International convention establishing standard rules for bills of lading, influential in US maritime law despite being superseded by COGSA.

The Hague-Visby Rules: Updated version of The Hague Rules. While US is not a signatory, these rules are relevant for international shipping transactions involving other countries.

Hamburg Rules: Alternative international convention for carriage of goods by sea. Though US is not a signatory, awareness is important for international shipping transactions.

UCC Article 7: Uniform Commercial Code Article governing documents of title, including bills of lading, as adopted by individual states.

FMC Regulations: Federal Maritime Commission regulations governing ocean transportation intermediaries and carrier practices in US waters.

CBP Requirements: U.S. Customs and Border Protection documentation and procedural requirements for international shipping and cargo declaration.

46 CFR Part 146: Code of Federal Regulations section specifically addressing requirements for shipping documents and dangerous goods transportation.

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