[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR370.11]



[Page 61-62]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 370_PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY 

DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE--Table 

of Contents

 

Sec. 370.11  Processing of salvage.



    (a) Whenever baggage or material, goods, or other property 

transported by a carrier subject to the provisions in this part is 

damaged or alleged to be damaged and is, as a consequence thereof, not 

delivered or is rejected or refused upon tender thereof to the owner, 

consignee, or person entitled to receive such property, the carrier, 

after giving due notice, whenever practicable to do so, to the owner and 

other parties that may have an interest therein, and unless advised to 

the contrary after giving such notice, shall undertake to sell or 

dispose of such property directly or by the employment of a competent 

salvage agent. The carrier shall only dispose of the property in a 

manner that will fairly and equally protect the best interests of all 

persons having an interest therein. The carrier shall make an itemized 

record sufficient to identify the property involved so as to be able to 

correlate it to the shipment or transportation involved, and claim, if 

any, filed thereon. The carrier also shall assign to each lot of such 

property a successive lot number and note that lot number on its record 

of shipment and claim, if any claim is filed thereon.

    (b) Whenever disposition of salvage material or goods shall be made 

directly to an agent or employee of a carrier or through a salvage agent 

or company in which the carrier or one or more of its directors, 

officers, or managers has any interest, financial or otherwise, that 

carrier's salvage



[[Page 62]]



records shall fully reflect the particulars of each such transaction or 

relationship, or both, as the case may be.

    (c) Upon receipt of a claim on a shipment on which salvage has been 

processed in the manner prescribed in this section, the carrier shall 

record in its claim file thereon the lot number assigned, the amount of 

money recovered, if any, from the disposition of such property, and the 

date of transmittal of such money to the person or persons lawfully 

entitled to receive the same.