Paid by the load

Discussion in 'Trucker Legal Advice' started by tlf0619, Apr 22, 2009.

  1. tlf0619

    tlf0619 Bobtail Member

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    My boyfriend drives for a company who, upon hiring, promised to pay him 70% of the line haul. On his settlement sheet he receives with his paycheck, it states how much the load paid him. However, how are we supposed to know that that is actually 70% of what the load is worth? Is there any kind of regulation that requires companies who pay their drivers in this form to disclose how much the load was worth completely so that we can be sure my boyfriend's actually getting paid 70%?
     
  2. Winchester Magnum

    Winchester Magnum Road Train Member

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    Yes, legaly he can walk into the office and is entitled to see the freight bill. The company should be doing their operators best, by including the full amount of the load on the settlement, then showing his 70%.

    Example

    $3000 100%

    $2100 70%
     
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  3. High Desert Dweller

    High Desert Dweller Medium Load Member

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    [Code of Federal Regulations]
    [Title 49, Volume 4]
    [Revised as of October 1, 2003]
    From the U.S. Government Printing Office via GPO Access
    [CITE: 49CFR376.12]



    (g) Copies of freight bill or other form of freight documentation.
    When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill or a computer-generated document containing the same information, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. When a computer-generated document is provided, the lease will permit lessor to view, during normal business hours, a copy of any actual document underlying the computer-generated document. Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier's tariff or, in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract of a contract carrier, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation.


    Pretty straight forward here. A lessor (your boyfriend) can examine actual documents and compare them to his settlement(s) at the lessee's place of business anytime during normal business hours. And, the method of compensation is irrelevant. It can be percentage, flat rate, or mileage based. He can still examine supporting documents upon request.


    http://edocket.access.gpo.gov/cfr_2003/octqtr/49cfr376.12.htm
     
    Last edited: Apr 23, 2009
    Baack, tlf0619 and elharrison Thank this.
  4. Coonass

    Coonass "Freshy Fresh"

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    70%:biggrin_2555::biggrin_2556::biggrin_25521:


    Does he own the truck because if he is just a driver than he is making
    more than the truck and I don't think they would do that.
     
  5. tlf0619

    tlf0619 Bobtail Member

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    Thank you so much High Desert Dweller! You don't know how many times I went to the Federal Motor Carrier Safety Administration's website and had no idea what I was looking for. That will help a lot, especially in writing. I knew asking drivers would work out for the best:)
     
  6. tlf0619

    tlf0619 Bobtail Member

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    He is leasing the truck from his company.

    You'd think they'd be straightforward about it, right? As it turns out, the only ones making money is the owner. Too bad, right?
     
  7. High Desert Dweller

    High Desert Dweller Medium Load Member

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    Your Welcome. It was pointed out by another member that my source was incorrectly indexed. It's not part of the United States Code. It's listed in the Code of Federal Regulations under Title 49.
     
  8. tlf0619

    tlf0619 Bobtail Member

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    Thanks, just so you know, it was referenced correctly on the link you provided to me. And just so you know, his company did try to give him a hard time when he asked to see their side of the paperwork, but once they realized he had proof that they had to, they gave in. Thanks again, so much!
     
  9. RickG

    RickG Road Train Member

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    Yeah , you can force them to show you the bills but wait to see what kind of loads you get after that .
     
  10. Bigray

    Bigray Road Train Member

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    SO were they being straight with him?