Transport Doc Is Not Signed By Combined Transport Operator

[Md.zakir Hossen]

Dear All,
Documentary Credit call for a combined Transport B/L.
Combined B/L is submittted but the signature box in the B/L shows CARRIER .In fact I found CARRIER in most of the cases I faced in Combined or Multimodal Transport or In Through B/L.
What I know that The signature BoX should be either CTO or(Combined Transport Operator) or MTO (Multi Modal Transport Operator).I forbade my collegues to treat them as discrepancy.
Can anyone help me in this case?

[shahriar]

dear zakir,

UCP Article 19a says

a. A transport document covering at least two different modes of transport (multimodal or combined transport document), however named, must appear to:
i. indicate the name of the carrier and be signed by:
• the carrier or a named agent for or on behalf of die carrier, or
• the master or a named agent for or on behalf of the master.
Any signature by the carrier, master or agent must be identified as that of the carrier, master or agent,
Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master.

therefore a MMTD is supposed to be sign by the career.

so far i know, multi modal transport operator signs when its a FF document or a through bill of lading. you have used through bl and MMTD as synonymous. they are but there is a little difference. liability. in case a through bill there will be more than one career but each career will be responsible for his part only. but for MMTD, the career takes the full career responsibility.

im looking for others opinion.

shahriar

[roushon]

good Question
Can you inform the difference between Multimodal/Combined Bill of lading and through Bill of lading?

[nesarul]

Dear Zakir Bhai,
According to expert article "Confusion on multimodal Transport and others" by T.O. Lee, "Multimodal Transport has only one carrier, The multimodal transport operator, who takes full responsibility for the whole journey, from start to finish."

Consequently, MTO can also signed as a carrier.
thanks
nesar

[Md.zakir Hossen]

Dear Nesar, You are right.Confusion arise to identify the identity of the carrier.

For rowsan see this:
THROUGH B/L VS MULTIMODAL B/L


JOURNEY COVERED:In TROUGH B/L From PORT OF LOADING TO PORT OF DISCHARGE BUT IN MULTIMODAL FROM PLACE OF RECEIPT TO PLACE OF DESTINATION.

MODE USED:In TROUGH B/L FOR SEA/AND OR INLAND WATERWAY ONLY BUT IN MULTIMODAL FOR SEA, INLAND WATERWAY,LAND & AIR

RESPONSIBILITY OF THE CARRIER:In TROUGH B/L ONE IS NOT RESPONSIBLE FOR THE PART OF JOURNEY CARRIED BY OTHER SUB CARRIERS BUT IN MULTIMODAL WHOLE JOURNEY (FROM START TO FINISH)

GOVERNING RULES:In TROUGH B/L HAGUE RULES, HAGUE-VISBY RULES OR HAMBURG RULES BUT IN MULTIMODAL :UNCTAD/ICC RULES FOR MULTIMODAL TRANSPORT DOCUMENTS

NAME OF VESSEL:In TROUGH B/L MAY BE MORE THAN ONEBUT IN MULTIMODAL SHOWN ONLY IF IN B/L FORMAT

NAME OF CARRIER :In TROUGH B/L CARRIER BUT IN MULTIMODAL MULTIMODAL TRANSPORT OPERATOR.


• SOME ESSENTIAL ELEMENTS FOR MULTIMODAL TD:


* It is also known as intermodal transport in usa

* According to ucp-600 sub article 19(a), at least two different modes of transport are involved,scuh as sea and land, air and land or land, sea and air.however according to unctad/icc rules for multimodal transport documents,one mode may sometimes be deemed as multimodal transport.

* There is only one freight rate for more than one mode of transport.
* There is only one transport document to cover all the different modes of transport.

* In D/C operations, on board notation is necessary when the first leg of transport is by sea.”dispatch” or “taking in charge” notation on the first leg of transport is also necessary for surface, inland waterway or air transport.

* Transhipment is allowed as the cargoes are commonly carried in containers

[shahriar]

excellent post zakir bhai. just to add

commentary on UCP600, article 19,

It should be noted under this sub-article that the document may no longer he signed in the capacity of multimodal transport operator or by a named agent signing for or on behalf of the multimodal transport operator. In discussions with the ICC Transport Commission it was determined that in most cases it is a carrier or agent that signs this type of document; a party signing as “Multimodal Transport Operator” was seldom seen.

regds

shahriar

[nesarul]

Deal All,
Multimadal transport operator bears or act as a carrier in a combined transport document in two form:
1. Actual carrier: where MMTO performs part of journey or whole of journey,
2. Contractual carrier: where the MMTO didn't involve itself in a part of journey but arranae one or more party to perform.but contract of carriage (if any) is still between the shipper and MMTO.

Since ICC didn't bifurcate the carrier into above two types of carrier and treat actual carrier and contractual carrier as a carrier for the purpose of UCP,[although some scolar like T.O.Lee recommend ICC to differentiate between the two types of carrier], signing MMTD under the capacity of MMTO has be deleted from the UCP 600.
thanks
nesar