If I request copies of actual invoices for loads I pulled, is the trucking company required to provide these? If so, and they are refusing to do so, who can I contact? Must I pay a lawyer? OR.... Can I contact the Department of Labor and have them force the company to do so?
I have requested copies of actual invoices showing amount paid by vendors to the company I was leased to. These invoices are for the following:
Actual payment for each load delivered.
Actual payment for pick up detention time for each load picked up.
Actual payment for delivery detention time for each load delivered.
Actual payment for fuel surcharge for each load delivered.
Actual payment for out of route miles for each load.
I have also requested copies of all invoices from comdata showing payment by the company for fuel purchased under my card.
The reason I have requested this information is because I have found descripencies in detention time paid (I used their formula for detention time payment) and the company is not giving me answers. I feel if they are shorting my detention time, they could also be shorting me on the actual payment of the load, fuel surcharge, out of route miles ect. Detention time in the type of work I was involved in (frack sand delivery to Halliburton) runs into thousands of dollars per week. I have found descrempencies totaling thousands of dollars.
Thank you.
Do trucking companies have to provide copies of actual invoices if requested?
Discussion in 'Trucker Legal Advice' started by Veterans Transport, Feb 22, 2012.
Page 1 of 2
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
If you're working as an O/O the the "Truth In Leasing Regs" are on your side.
Stringb8n Thanks this. -
don't be surprised if get screwed though. its just the way it is
-
Are you a member of OOIDA? If not, time to join and get them on your side now.
-
You're probably going to need legal representation, be careful what you post- and how it looks, if you get tangled up in civil action, you'll be looking at these posts in court.
Get a Lawyer, get a piece of that company- and get back anything they're hiding from you. -
Yes I am a member. Just trying to get my ducks in a row brfore starting the march so to speak.
Thanks. -
49 CFR 376.12(g) says:
"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."
I have to say I only ever worked for one carrier that actually included a copy of the invoice for each trip with the lease operator's settlements. I'd suggest you bring a copy of your lease to a good contract lawyer...Every shady carrier I ever saw had a lawyer in house -or- on speed dial; you need to level the playing field! -
Back in the 80's and through to the early 2000's we always had pro-bills attached to our settlements. It's something that was just done. I doubt pro-bills are even used anymore with the exception of the LTL industry.
-
Is frac sand an exempt commodity? Don't have the book in front of me at home but if it is then under fmcsa they don't have to comply with 376.12(g) If so then you would need to have a contract stating your access to original freight bills.
-
If frac sand is exempt or not, their lease quotes FMCSA, therefore I would say they have to abide by FMCSA.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 1 of 2