can this be done legal

Discussion in 'Ask An Owner Operator' started by snowman82, May 23, 2013.

  1. May 23, 2013 #1
    snowman82

    snowman82 Bobtail Member

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    I have a friend that has a hauling contract and they are willing to let me use my truck and trailer to haul under their contract. Can I haul under my authority or do I have to haul under theirs? if I can use my authority how do I do this legally and I not be considered double brokering. thanks for the help.
     
    snowman82, May 23, 2013
    snowman82, May 23, 2013
    #1
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  3. May 23, 2013 #2
    pattyj

    pattyj Road Train Member

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    Would'nt it be better to call the DOT for an accurate answer.They would know for sure I would think.
     
    pattyj, May 23, 2013
    pattyj, May 23, 2013
    #2
    skibum_63 Thanks this.
  4. May 23, 2013 #3
    Sly Fox

    Sly Fox Road Train Member

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    Well, it's all up to the contracts. I'm assuming this contract is directly with the shipper, receiver, or the intermediary controlling the shipments. If the contract allows it, there's nothing to say you can't. You can sign a contract with them just the same as they did with the shipper. Unless something negates it.

    And double-brokering is not illegal unless it's forbidden in the contract. Usually the first broker has that in the contract with a carrier. It sounds to me, it's no different than any other motor carrier signing a contract and unloading extra freight onto the market to have covered.
     
    Sly Fox, May 23, 2013
    Sly Fox, May 23, 2013
    #3
    snowman82 Thanks this.
  5. May 23, 2013 #4
    snowman82

    snowman82 Bobtail Member

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    thanks slyfox I didn't think it was illegal but just wanted to make sure. just one of those cya questions i'll just have to ask if that is in the contract. thanks again for the info. and best wishes and god bless
     
    snowman82, May 23, 2013
    snowman82, May 23, 2013
    #4
  7. May 23, 2013 #5
    wichris

    wichris Road Train Member

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    There is no law against double brokering. If your friend has an actual contract(and it isn't forbid to broker)he can broker excess to you without broker authority.
     
    wichris, May 23, 2013
    wichris, May 23, 2013
    #5
    snowman82 Thanks this.
  8. May 23, 2013 #6
    snowman82

    snowman82 Bobtail Member

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    And as for PATTIJ I would have if dot wasn't closed for the time of day wanted some o/o to chime in thinking maybe they have done this before. but thanks for the input with the no brainer response. If only people that didn't have a clue wouldn't put their two cents in where they don't have a penny to add!!!!
     
    snowman82, May 23, 2013
    snowman82, May 23, 2013
    #6
    scottied67 and SL3406 Thank this.
  9. May 23, 2013 #7
    snowman82

    snowman82 Bobtail Member

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    Yeah they have a real contract and I didn't know if they had to have broker aut or not thanks for the info.
     
    snowman82, May 23, 2013
    snowman82, May 23, 2013
    #7
  10. May 23, 2013 #8
    wichris

    wichris Road Train Member

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    Well they can do it with or without,just legal when brokering excess contracted freight.
     
    wichris, May 23, 2013
    wichris, May 23, 2013
    #8
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