In the context of international shipping, the Carrier is the company that physically transports your goods. However, for heavy equipment, the term Carrier carries legal weight regarding liability and capability. You are likely dealing with two types:
- Ocean carriers (the steamship lines like Atlantic Project Cargo)
- Inland carriers (the heavy haul trucking companies).
Common Carrier vs. Contract Carrier
- Common carrier: This is a trucking company that offers its services to the general public under a standard published tariff. They are liable for the cargo under strict federal rules, but their liability limits might be low.
- Contract carrier: This is common in heavy haulage. You sign a specific contract with a specialized hauler to move your 90,000 lb excavator. The contract dictates the terms, price, and liability. This allows for customized service, like requiring the driver to carry specific lashing chains or tarping gear.
Himalaya Clause and Liability
Ocean carriers have very limited liability, often capped at $500 per package (which might be defined as the entire excavator!) under the Carriage of Goods by Sea Act (COGSA). Their Bill of Lading often includes a Himalaya Clause, which extends these low liability limits to their subcontractors (stevedores, terminal operators).
If a port worker drops your bulldozer, the carrier’s legal payout might not even cover the cost of the paint job. This is why you never rely on the carrier’s insurance; you always buy your own Cargo Insurance.
Carrier Vetting for Heavy Haul
When moving wide or heavy loads, the Carrier is responsible for safety. However, if you hire a fly-by-night carrier who uses an undersized trailer, and the load hits a bridge, you (the shipper) can sometimes be held vicariously liable for negligent hiring. Always verify that your inland carrier has:
- Active operating authority (DOT/MC number)
- Adequate cargo insurance (standard is $100k, but machinery often needs $250k or more)
- Permits for the specific states they are traversing