Okla. Stat. tit. 12A § 7-307

Current through Laws 2024, c. 453.

Section 7-307 - Lien of carrier

(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 subsequent to 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.

Okla. Stat. tit. 12A, § 7-307

Laws 1961, p. 146, § 7-307; Amended by Laws 2005 , HB 2035, c. 140, § 21, eff. 1/1/2006.

Oklahoma Code Comment

Prior Statutory Provisions:

2 O.S. §§ 9-86 to 9- 91.

13 O.S. §§ 69, 119.

Text and derivation of prior provisions, see Appendix at end of this title.

Comment:

The Uniform Bills of Lading Act did not contain provisions for a carrier's lien. Therefore, the provisions of the Uniform Warehouse Receipts Act have been used as the pattern, and the provisions of this section are the same as Section 7-209 , except as follows:

(a) Since a carrier seldom makes advances against the goods, no provisions have been made for a lien to secure such advances.

(b) A carrier, but not a warehouseman, has a lien against the goods even though they were delivered to a carrier by a thief or by an agent acting in excess of his authority unless the carrier has knowledge of the shipper's defects in title. Since a carrier is required by law to accept the shipment it is believed that it deserves this protection.

This changes Oklahoma law. Former 13 O.S. § 119 provided that a carrier had a lien for freightage, which was regulated by the chapter on liens. The appropriate lien statute is 42 O.S. § 91, St. Louis, I. M. & S. Ry. Co. v. McNabb, 63 Okl. 87, 162 P. 811 (1945). The lien statute, 42 O.S. § 91, as amended in 1955, makes it very clear that the carrier must have lawful possession and that the charges must be "due him from the owner." Thus, it is contra to the Commercial Code, which provides that the lien is valid against the goods even though the goods have been stolen. The Commercial Code will undoubtedly take precedence since it is a specific lien.