(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge.

(b) A lien for charges and expenses under Subsection (a) of this section on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under Subsection (a) of this section is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority.

(c) A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.

History: 1953 Comp., § 50A-7-307, enacted by Laws 1961, ch. 96, § 7-307; 2005, ch. 144, § 73.

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 7-307 [55-7-307 NMSA 1978].

Changes. — Expanded to cover proceeds of the goods transported.

1. The section is intended to give carriers a specific statutory lien for charges and expenses similar to that given to warehouses by the first sentence of Section 7-209(a) [55-7-209(a) NMSA 1978] and extends that lien to the proceeds of the goods as long as the carrier has possession of the proceeds. But because carriers do not commonly claim a lien for charges in relation to other goods or lend money on the security of goods in their hands, provisions for a general lien or a security interest similar to those in Section 7-209(a) and (b) are omitted. Carriers may utilize Article 9 to obtain a security interest and become a secured party or a carrier may agree to limit its lien rights in a transportation agreement with the shipper. As the lien given by this section is specific, and the storage or transportation often preserves or increases the value of the goods, Subsection (b) validates the lien against anyone who permitted the bailor to have possession of the goods. Where the carrier is required to receive the goods for transportation, the owner's interest may be subjected to charges and expenses arising out of deposit of his goods by a thief. The crucial mental element is the carrier's knowledge or reason to know of the bailor's lack of authority. If the carrier does not know or have reason to know of the bailor's lack of authority, the carrier has a lien under this section against any person so long as the conditions of Subsection (b) are satisfied. In light of the crucial mental element, Sections 7-307 [55-7-307 NMSA 1978] and 9-333 [55-9-333 NMSA 1978] combine to give priority to a carrier's lien over security interests in the goods. In this regard, the judicial decision in In re Sharon Steel Corp., 25 U.C.C. Rep.2d 503, 176 B.R. 384 (W.D. Pa. 1995) is correct and is the controlling precedent.

2. The reference to charges in this section means charges relating to the bailment relationship for transportation. Charges does not mean that the bill of lading must state a specific rate or a specific amount. However, failure to state a specific rate or a specific amount has legal consequences under the second sentence of subsection (a).

3. The carrier's specific lien under this section is a possessory lien. See Subsection (c). Part 3 of Article 7 does not require any particular form for a bill of lading. The carrier's lien arises when the carrier has issued a bill of lading.

Point 1: Sections 7-209 [55-7-209 NMSA 1978], 9-109 [55-9-109 NMSA 1978] and 9-333 [55-9-333 NMSA 1978].

Point 3. Section 7-202 [55-7-202 NMSA 1978] and 7-209.

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

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

"Consignor". Section 7-102.

"Delivery". Section 1-201.

"Goods". Section 7-102.

"Person". Section 1-201.

"Purchaser". Section 1-201.

"Value". Section 1-204 [55-1-204 NMSA 1978].

Repeals and reenactments. — Laws 2005, ch. 144, § 73, effective January 1, 2006, repealed former 55-7-307 NMSA 1978 as enacted by Laws 1961, ch. 96, § 7-307, and enacted a new section. Pursuant to 12-2A-14 NMSA 1978, the 2005 revision is considered an amendment rather than a new enactment.

Law reviews. — For article, "The Warehouseman vs. the Secured Party: Who Prevails When the Warehouseman's Lien Covers Goods Subject to a Security Interest?" see 8 Nat. Resources J. 331 (1968).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers § 527 et seq.; 68A Am. Jur. 2d Secured Transactions §§ 18, 129 et seq., 869 et seq.

Marking freight bill "paid" or "prepaid" as estopping carrier to deny that freight has been paid, 10 A.L.R. 736.

Duty to collect freight charges from party to be notified under "order" bill of lading, 26 A.L.R. 1315.

Right of carrier to lien on goods shipped without owner's authority, 39 A.L.R. 168.

Status, rights and obligations of freight forwarders, 141 A.L.R. 919.

13 C.J.S. Carriers §§ 484 to 486; 80 C.J.S. Shipping § 377 et seq.