Shipper malpractice?

Discussion in 'Shippers & Receivers - Good or Bad' started by iceman32, Dec 11, 2018.

  1. iceman32

    iceman32 Medium Load Member

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    I know shippers are liable when it comes to accidents and stuff.

    But let’s say you have 2-4 trucks, and you provide them with trucks and trailers to haul their products. The pay is not cpm but percentage of the load. Due to elogs, the shipper maximizing and is dispatching your trucks with impossible appointment times. And they threaten to not give you loads.

    How do we go about taking legal action? You’ve been hauling their load for 5, 7, 10 years.
     
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  3. SteerTire

    SteerTire Road Train Member

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    Just shut it down. E logs will take care of the rest.

    But to answer your question, I saw an article in the past related to this very subject. There was no mention of legal action though. But it did say something in regard to shippers being held to responsible standards. IE They can’t require or threaten retaliation because they can’t work around the log requirements.

    Please note, that doesn’t mean they can’t require you to set up a series of relays to retain those loads. You may need to renegotiate your contract to pay for additional trucks and or drivers.
     
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  4. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    You can file a law suit under Coercion:

    "Coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary threatens to withhold work from, take employment action against, or punish a driver for refusing to operate in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial Regulations (FMCCRs). Coercion may be found to have taken place even if a violation has not occurred. An example of coercion is when a motor carrier terminates a driver for refusing to accept a load that would require the driver to violate the hours of service requirements."

    Coercion

    When they attempt to give you a load (or a duty) that violates FMCSA rules & you dont take it, & they take some sort of disciplinary action against you, that comes under coercion.
    I cant remember exactly but its in the FMCSA rules, something like 396.3 or something like that
     
  5. x1Heavy

    x1Heavy Road Train Member

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    You need trucks and drivers. As in Teams now.

    Teams is the ultimate workaround to the HOS problem. Shippers and Receivers don't want to hear about not getting there legally. I remember a major fleet folding because they timed a delivery contract with a car instead of a loaded 18 wheeler and came up late always. (Takes a little longer to get a 18 wheeler across the distance) So they ate that one. It would have been a smart contract to know exactly how long a ROUTINE trip requires at the speed limit, bad weather etc.

    Even a team must stop two hours daily, Hopefully you dare have another team at the halfway point to swap trailers grab a good meal an nap for both before heading back with both trailers coming and going.

    A half way point would be a relay as well. Trailer keeps moving.

    Another workaround would be to have a day cab fleet boost your load out say 100 miles from a city center, meet your sleeper truck solo or team, drop, hook and return. It will be a certain amount of time for that solo or team to return. THAT would be the time your daycab fleet takes care of the shipper. Another advantage is you can have 4 day cabs go out on the cardinal points of compass away from loading city, meet your 4 trucks returning, drop hook and have them on their way with a minimum of fuss and wait loading live.

    Ultimately your thinking of shipper words are a empty threat. If you are not the one loading them and moving out loaded and rolling, someone else will be receiving the same threats because the HOS is the same for them. A horrible workaround would be operations are moved towards Canada to take advantage of the longer driving time on their HOS.

    I think you need to team your trucks. And add more as you go. If your shipper does not now shut up about the HOS problem and continues to bleat about time etc, then your 5,7,10 years mattered not. It never did.
     
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  6. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Its 390.6. talk to your attorney about that.
    eCFR — Code of Federal Regulations

    I'm not saying you can win a court case off of that rule but it will certainly get the FMCSA's attention & they'll investigate it & possibly fine him etc.

    In the end, he doesnt have to give you loads, he can cut you off anytime he gets a mind unless you have a contract with him of some sort. However, it doesn't let him off the concision rule violation.
    Whether or not you can prove he beat you out of money or whether he is liable for with holding loads is something for the court to decide. Your attorney can help you with that.
     
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  7. gentleroger

    gentleroger Road Train Member

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    First, in what way are they impossible?

    Second, what have you tried so far in working with the customer to change the load parameters so they are possible?
     
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  8. iceman32

    iceman32 Medium Load Member

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    For example. Driver A gets back to the Terminal Friday night, like 6pm. Driver A gets dispatched on a load. The first stop is 900 miles away, 7am Appointment on Monday. Shipper wants the driver on time for the appointment, and they don’t want to reschedule. So the driver is coerced into doing two things: 1, Falsify the 34 to make it. Or Drive the 10 when the 34 is complete and off duty drive the next couple 300 miles.

    Second scenario. Everything is ready on Sunday except no one works on Sunday. Driver B picks up his trailer on Sunday morning, goes to get a weight and the trailer is over weight. Driver B is then coerced to running overweight because no one works in the office. The trucking owner is running around the yard in circles and can’t get a hold of any shipper employee.
     
  9. ZVar

    ZVar Road Train Member

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    The coercion rule is for the driver only. This is a business to business relationship. One business not able to provide the service another business wants. There is no way the second business taking their business elsewhere is coercion.
    If the trucking company was willing to put teams on those runs, it sounds like the appointment times will be fine. It likely makes no sense to do so for the trucking company as I doubt that the shipper is willing to pay for that.

    Also, read the contracts. I'm sure there is something in there about canceling the contract if appointment times are not met.
     
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  10. gentleroger

    gentleroger Road Train Member

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    For scenario a, the driver's 34 is up at 0400, and assuming the load is preloaded and ready, he can drive the first 550-600 and be shutdown by 1600, start at 0200 and have 5 hours to do the rest. Easy? No, but possible, thus as I understand the coersion rule, the shipper is not in violation.

    However you don't say WHEN the load was ready. If the load is ready by noon on Saturday, the shipper is reasonable in expectin a 0700 Monday appointment to be met. It is not the shipper, but the dispatcher that is causing the issue. If the dispatcher knows the driver won't be available to start the load on time, why book the freight?

    As for B - the freight contract should have a clause about shipper related issues. If the load is illegal, the carrier refuses and enacts whatever clause is applicable for rework costs and new appointment times.

    If the customer and the carrier can't come to an understanding, the carrier is free to say no. My company told Amazon "thanks but no thanks" when offered dedicated freight lanes at a very nice price because ghe logistics were not practical and the drivers would be getting screwed left, right, and center.

    So if it's not worth it, find other freight.
     
  11. buzzarddriver

    buzzarddriver Road Train Member

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    Nothing in law that says driver A has to take a 34. Let him run on recap.
     
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