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Shipping Forum for all issues concerning shipping, shipping companies, and anything directly related to moving animals and products via commercial carriers.

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Old 11-18-2015, 09:54 PM   #51
bigjej
Regarding responsibility for transportation, it is the same as with shipping anything illegal via any carrier. Since the carrier is unaware of the contents, it is the shipper, and usually if the intention was there on the receiver end, then that party too, who is responsible. Just like with shipping drugs, illegal weapons, etc. Fedex doesnt get pressed with charges.


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Old 11-19-2015, 01:57 AM   #52
snakeman101172
Lacy Act shipping is a little different. If you are making an Intrastate shipment and your research says this is legal, you have done your diligence. If Fed Ex runs it through some other state that obligation is on them. You as the consumer are not privy to the inner workings or shipping methods or pathways that any shipper uses on any given day. That falls under competitive advantage of the shipper.


There is what I actually said. I will explain in further detail. "Reasonable expectation" protects a consumer in these situations IF there is no evidence to support wrongful intent. This will get a little wordy. I am giving my firsthand knowledge of 7 instances that I am directly involved with that pertain exactly to this issue. I will start with Fed Ex and UPS are two of my larger customers. I run 7 trucks in Florida, 4 in Georgia, and 5 in NY. Here is a basic example for you:

Person A resides in Thomasvile,Georgia (where retics are legal) he calls Fed Ex to have a retic shipped to Atlanta,Ga. The reasonable expectation to person A is that this item would not go through NY for instance. Fed Ex contacts my dispatch and I send a driver to person A. Person A can ask my driver "will you be leaving Georgia with this package" the driver can respond "NO". Now My dispatch receives a critical roll out for the Red Cross in Tallahassee. I reroute the driver to Tallahassee prior to going to Atlanta. Person A is protected via "reasonable expectation". No one including Fed Ex or UPS has control over my trucks nor has access to the lanes that I move through (competitive advantage).
Fed Ex nor any carrier would face any type of penalty for Lacey violations unless it could be proven they were aware(nearly impossible to prove). The individuals involved would only receive a notice of violation(this serves to remove reasonable expectation the next time). It notifies all that no one has control of where your package can possibly be routed to so beware. I can't control if that makes sense to you or not. Just direct experience that I have to draw on.
I have provided statement(not reptile related) in several instances pertaining to a customer not being aware of of my shipping routes or those of any of my partners or customers. In not one of those cases were any of the parties charged with ANY violation of any kind for crossing any state line. I am also not aware of a single instance of an Intrastate shipment of a retic for example that has led to the conviction of any one under the Lacey Act due to shipper covenants. If you receive notice, the next time around I would bet they would prosecute. All of what I just stated becomes moot if it can be proven that you were "directly" informed that your shipment would cross a state border.
On a side note, I have drivers who routinely pick up animal shipments in Florida and Georgia. Most of my vans bounce over the border twice daily. No customer that I pick up from has violated the Lacey Act. I would be the only one to blame in these instances and again any agency citing a violation would have to prove that I knowingly violated the Act. If I have left anything out feel free to ask.
 
Old 11-19-2015, 09:33 AM   #53
bigjej
Sorry for the misunderstanding, I wasnt referring to the Gedex oeaxtice of routing intrastate shipping to interstate hubs. I was only referring to the conversation about carrier responsibility.

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Old 11-19-2015, 03:31 PM   #54
snakeman101172
Quote:
Originally Posted by bigjej View Post
Sorry for the misunderstanding, I wasnt referring to the Gedex oeaxtice of routing intrastate shipping to interstate hubs. I was only referring to the conversation about carrier responsibility.

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My response was not intended toward your comments, but Dans comments pertaining to the other thread that we briefly touched on this topic.
 
Old 11-27-2015, 11:46 PM   #55
Joel Macy
Know of any burm breeders in Kansas? Looking for albinos. Also, can you get a permit to take them across state lines?
 
Old 02-09-2016, 02:18 PM   #56
SPJ
Quote:
Originally Posted by Joel Macy View Post
Know of any burm breeders in Kansas? Looking for albinos. Also, can you get a permit to take them across state lines?
There is no way to get a permit. Can't take them across state lines.
Even if your vet is over the state line, you would be breaking the law by bringing it there.
 

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