Changing again, the rules change but we're not told til after.

Back in the day I was leased to SNI for 5 years…3 of them I was local so thats the only reason I stayed so long……I then was one of the 1st few on the choice program……
I see nothing has changed….

 

I'm out of Green Bay, the message I got was a fleet message. It basically said no more having loads pulled unless you have a valid reason, and "I found something better..." is not valid. You book it, it's yours.

 

They did put a msg about freight levels dropping and putting on a semi hiring freeze on crossroads...

 

Same here, not sure why they chose me as a beta tester. I have yet to use it.

 

I just removed on a couple days ago, but it was within 30 minutes of booking it. Nothing was said to me at all.

 

The message about not cancelling loads according to the drivers I know who are out of Charlotte was sent out about 2 weeks ago. Three different drivers with 3 different ICA's that I know out of Charlotte got the message. They called me to ask if I got the same message because the Green Bay drivers they know didn't get the message that day. Not sure what to tell you, maybe it was certain ICA's that sent the message out. Just sharing what I have heard from my fellow drivers.

 

Or maybe they just sent messages out to the offenders.

 

Ok, after reading through the contract again and again. I do not see a section that says we have 24-48hrs prior to a load. Now I do recall a discussion in orientation where they would like that to happen as a courtesy.

Now I did find in the contract section 1 paragraph 1 that states: Freight Availability: During the term of this agreement, Carrier agrees to make freight available to Independent Contractor to select for transportation by Independent Contractor. Independent Contractor understands and agrees that in no event shall Carrier guarantee to Independent Contractor any specific number of miles or Shipments, any specific amount of freight or any specific times, dates, or routes. Independent Contractor further understands and agrees that IT IS FREE TO ACCEPT OR REJECT SHIPMENTS (AS USED IN THIS AGREEMENT THE TERM "SHIPMENT" INCLUDES FREIGHT AND BOX MOVES) FROM THE CARRIER, SUBJECT TO THE NOTIFICATION REQUIREMENTS SET FORTH IN PARAGRAPH 25.

Now according to paragraph 25: Notice. Any written notice required or permitted to be given or made by any party to the other hereunder shall be deemed to be sufficiently given and received in all respects when (i) personally delivered, (ii) sent by facsimile transmission (receipt confirmed), (iii) one (1) day after sent by prepaid express or courier service, (iv) three (3) days after deposited in the United States mail, postage prepaid, in each case addressed to the parties' respective addresses, or (v) by appropriate electronic means, as outlined in Exhibit F.

Ok, the smart ### side of me wants to start sending my communication to my ICA by fax, lol!

So now we look at exhibit F, Section 1, Paragraph 1(c). Communication Equipment Method. Under the Communications Equipment Method, electronic are accomplished via the Mobile Computing Platform, (the qualcomm) described in Paragraph 15 of this Agreement, installed in the Equipment in a manner that identifies and authenticates Independent Contractor as the user of the System and the source of the electronic communication (in other words, by Independent Contractor's logging onto the System with Independent Contractor's unique Driver Number or Owner Number and electronically signing messages by appending to the electronic communication the last four digits of Independent Contractor's Social Security Number or another form of identification known only to Independent Contractor).

Ok, what the heck does all that mean? Now this is my interpretation of this, but from how I read this we have until we click accept on the qualcomm to reject a load. We can tell them at anytime before we accept the load that we don't want to pull it. When we assign a load from the load board, we aren't accepting the load, just "ASSIGNING" a load. We don't accept the load until we finish the current load we are on and click accept on the qualcomm.

Now for those that want to call into play Section 4 Paragraph (g), Relays Initiated by Independent Contractor. Unless otherwise stated in Exhibit B, Section II, specific to Independent Contractor's individual Agreement, relayed Shipments relate to Shipments for which the party who has picked up the Shipment at the initial point of pickup does not transport the Shipment over the entire linehaul to its destination. In the event a Shipment is relayd as a result of Independent Contractor's request, or Independent Contractor's failure or inability to complete delivery of a Shipment originally accepted by Independent Contractor for any reason, Independent Contractor shall pay to Carrier the greater of the amount set forth in the Payment and Fee Schedule or the actual costs arising from the relay as determined by Carrier's records for such Independent contractor-initiated relay.

As I read this, they can't hit us with a relay fee if we haven't picked the load up yet. So what teeth do they have if we ask them to remove a load from our board? From what I can see here nothing except to full out terminate our lease agreement. But they will have to send us written notice and give us 15 days before they can terminate.

Yes this is a long post, but just after reviewing the contract this afternoon I can't see how they can tell use no to canceling a load, nor do I see where we have to give them 24-48 hours notice prior to canceling.

I would love to hear your opinion on this and how you would interpret these sections of the contract.

 

That is very possible, but what I know about those drivers I have talked to they rarely ever asked to have a load removed from them. Usually because of an issue with the previous load. But again you bring up a very interesting point that it was only sent out to the offenders.

 

Quite simply once you accept the load it's yours. Same thing at my company. Once I send the load confirmation it's mine. If I want to relay, it's a relay charge. Now I can request a load be removed if something happens such as a break down, but they're not obligated to do so, and can charge me a breakdown rate to re-power the load if they choose. Luckily I've never had them do that.
I'm sure the problem here is IC's are finding newer and better loads, then wanting to dump the loads they accepted creating problems for planners in covering original loads. I can certainly see how this can be a huge issue is hundreds of IC's are doing this.