I have a legal question.

Discussion in 'Questions From New Drivers' started by gb2nyc, Sep 9, 2012.

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  1. gb2nyc

    gb2nyc Light Load Member

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    I was reading the worst shipper and receiver on this forum and would like to know if everything in the back of the truck legally belongs to the receiver, and if something was left in the back of the trailer after unloading e.g. palettes, empty boxes ect. would it be considered stealing to drive off with it still in the back of the trailer?
     
    gb2nyc, Sep 9, 2012
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  2. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    What belongs to the receiver (consignee) is what he purchased from the shipper. If the shipper shipped excess product, the consignee can accept it or reject it, assuming it's a basic screw-up at the loading dock. If it was two extra pallets, for instance, of a product that the consignee could not use and was originally intended for another customer, then phone calls need to be made and get it sorted out. Nothing belongs to the driver, however, at times, overages will be "given " to the driver to dispose of however he wants. This is a grey area and you need to be real careful of accepting any product and leaving the consignee with it on your trailer.
     
    Allow Me., Sep 9, 2012
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  3. gb2nyc

    gb2nyc Light Load Member

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    Thanks for the reply I was thinking more of the packing materials left on the trailer. Is it legally considered the property of the receiver?
     
    gb2nyc, Sep 9, 2012
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  4. Countyboy

    Countyboy Medium Load Member

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    If the receiver wants it they will take it, if not it is your problem to get rid of. This is JUST FOR DUNNAGE not actual product. The guy above got it right when it comes to actual product. You don't want a theft/receiving stolen property on your record. Wal-Mart and UPS are both notorious for making drivers get rid of the broken skids, plastic chord, 2X4's etc since it means they don't need to pay to throw it out. Some places will take it and resell/reuse it though if it isnt too mangled so they will remove it from your truck.
     
    Countyboy, Sep 9, 2012
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  5. pattyj

    pattyj Road Train Member

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    It would be stealing if you knowingly drive off.You call your company immediately then they make the call.Sometimes receivers delibrately leave things on trls either because its damaged bad they didnt order it or whatever then the driver keeps it or dispatcher will tell you where to take it.But never drive off with anything in the back of the trl because you may have to end up taking it back to the receiver which would suck if you happen to be delivering in say Baltimore or Boston.
     
    pattyj, Sep 9, 2012
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  6. meistreguy

    meistreguy Bobtail Member

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    I make sure my trailer is completely empty of all packing materials after I deliver. Trying to find a place to dump extra dunnage or whatever is a pain. If I am ever told that I have to find another place to get rid of that stuff, I will never go back to that place.
     
    meistreguy, Sep 9, 2012
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  7. nightstalker59

    nightstalker59 Bobtail Member

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    if its trash its the company's most receivers have trash containers and will let u dispose of them with no problem if u ask..if not its up to u to find someplace that will let u throw them away
     
    nightstalker59, Sep 9, 2012
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  8. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Our company policy is that all pallets, packing material belongs to the customer as it is part of their order. I haul lumber, ply board & other wood products to mostly cabinet shops. Some have fork lifts & some don't. Some of this stuff ends up being unloaded by hand. So, for example if I have a bundle of 40 sheets of ply board for a customer, any & all banding, cardboard, backer board material all goes with the bundle as that's what it takes to ship it & bundle it so its considered part of their stuff. In short the rule is, its supposed to come off just as if they took it off with a fork lift... banding, pallets, cardboard packaging etc.

    Now, I have to say too, that our company doesn't enforce it since some customers are small shops behind their house or something & don't really have a place to put a lot of trash. Having said that, if anything is left on the trailer, it comes back to our facility daily & the guys who load the trucks remove all trash & reload for the next day's route. So, our situation is a bit different but... hope I gave you some insight of how our facility works. It's supposed to belong to the customer. Its their responsibility.
     
    Grumppy, Sep 9, 2012
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  9. Crash935

    Crash935 Medium Load Member

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    It wasnt in my trailer when i arrived at the shipper, it wont be in my trailer when i leave the receiver.
     
    Crash935, Sep 9, 2012
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  10. Wooly Rhino

    Wooly Rhino Road Train Member

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    As a felon, let me tell you that anything not bolted down belongs to the driver.

    Actually, you can look at what is left in the trailer and use your common sense. If something is to be thrown away, you can have it. If it has value then it belongs to whom ever left it there. Sometimes there are products that get spilled on the floor and the trailer is pulled before it ever gets cleaned up. That is how I got my one and only box of snickers in 7 years of driving. It was in my trailer and I had to clean out the trailer before it got loaded. I had no idea who it belonged to and was not about to spend the time and effort to track them down. Will I go to prison for it, no. Will I go to hell for it, I probably have already earned my spot there and the snickers will not put me over the line.

    Just remember, if you think you are stealing, you are.
     
    Wooly Rhino, Sep 9, 2012
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