(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.

(b) Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to Section 55-7-105 NMSA 1978, may procure a substitute bill to be issued at any place designated in the request.

History: 1953 Comp., § 50A-7-305, enacted by Laws 1961, ch. 96, § 7-305; 2005, ch. 144, § 71.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

Prior Uniform Statutory Provision. — Former Section 7-305 [55-7-305 NMSA 1978].

Changes. — To accommodate electronic bills of lading and for style.

1. Subsection (a) continues the rules of former Section 7-305(1) [55-7-305 NMSA 1978] without substantive change. This proposal is designed to facilitate the use of order bills in connection with fast shipments. Use of order bills on high speed shipments is impeded by the fact that the goods may arrive at destination before the documents, so that no one is ready to take delivery from the carrier. This is especially inconvenient for carriers by truck and air, who do not have terminal facilities where shipments can be held to await the consignee's appearance. Order bills would be useful to take advantage of bank collection. This may be preferable to C.O.D. shipment in which the carrier, e.g. a truck driver, is the collecting and remitting agent. Financing of shipments under this plan would be handled as follows: seller at San Francisco delivers the goods to an airline with instructions to issue a bill in New York to a named bank. Seller receives a receipt embodying this undertaking to issue a destination bill. Airline wires its New York freight agent to issue the bill as instructed by the seller. Seller wires the New York bank a draft on buyer. New York bank indorses the bill to buyer when the buyer honors the draft. Normally seller would act through its own bank in San Francisco, which would extend credit in reliance on the airline's contract to deliver a bill to the order of its New York correspondent. This section is entirely permissive; it imposes no duty to issue such bills. Whether a performing carrier will act as issuing agent is left to agreement between carriers.

2. Subsection (b) continues the rule from former Section 7-305(2) [55-7-305(2) NMSA 1978] with accommodation for electronic bills of lading. If the substitute bill changes from an electronic to a tangible medium or vice versa, the issuance of the substitute bill must comply with Section 7-105 [55-7-105 NMSA 1978] to give the substitute bill validity and effect.

Cross References. — Section 7-105 [55-7-105 NMSA 1978].

"Bill of lading". Section 1-201 [55-1-201 NMSA 1978].

"Consignor". Section 7-102 [55-7-102 NMSA 1978].

"Goods". Section 7-102.

"Issuer". Section 7-102.

"Receipt of goods". Section 2-103 [55-2-103 NMSA 1978].

Repeals and reenactments. — Laws 2005, ch. 144, § 71, effective January 1, 2006, repealed former 55-7-305 NMSA 1978 as enacted by Laws 1961, ch. 96, § 7-305, and enacted a new section. Pursuant to 12-2A-14 NMSA 1978, the 2005 revision is considered an amendment rather than a new enactment.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers § 272.

80 C.J.S. Shipping § 113.