Legal Recourse For Shipper/broker Holding Your Trailer Hostage
Topic 33514 | Page 1
What does your contact say?
This is an area that is a catch 22 for the trucking company. It depends what your rate con says, as well as your contract with the broker.
Personally I would arrive at the rec’r on time stated on your rate con. if they refuse the load have them sign bol as refused load and return it to the shipper. I would speak with the boss on duty and professionally explain their options and try to convince them to help out. Of course keep the broker informed at each step. I would invoice them for the return and go through the process.
The rate con is your legal standing. You can sue them for not paying but legal costs may be more than the load paid.
If the equipment is yours they do not have legal right to say how you operate it.
File a complaint with the better with the BBB and FMCSA. Also if your a member contact OOIDA and seek advise from their legal dept.
Dealing with brokers is always a gamble. Some are far better than others. Always do your research on them before doing business with them.
I wish you the best let us know how it turns out.
Shipper:
The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
- Commercial Drivers' Licenses
- Data and Analysis
- Regulatory Compliance and Enforcement
- Research and Technology
- Safety Assistance
- Support and Information Sharing
Fm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.OOIDA:
Owner-Operator Independent Drivers Association
Who They Are
OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.
Their Mission
The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.
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I was wondering if anyone has ever dealt with or knows what the legal recourse is for the following scenario:
Driver picks up load to be delivered next day at x time. Driver arrives and load wasn't supposed to be picked up for several more days (somebody, either shipper or broker makes a clerical error) Broker tells you there is nothing they can do and refuses to pay you to take the load back and cannot get you offloaded anywhere else. Broker expects you to hold the load in your trailer for multiple days with a measly layover pay (losing you thousands of dollars).
Is there an actual legal recourse? Does anyone have contract law on this? Have you experienced it?
Shipper:
The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.
OWI:
Operating While Intoxicated