Adventures in lumping

Discussion in 'Ask An Owner Operator' started by windsmith, Jan 12, 2013.

  1. windsmith

    windsmith Road Train Member

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    Explain, please? The law is quite clear.
     
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  3. wichris

    wichris Road Train Member

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    Well i could make some smart A&& remark and tell you to look it up. I knew what you were referring to the first time. Like most you read into it what you want.

    If the broker is being paid/re-imbursed for unloading/lumpers then the law is met.(whether it applies or not) It is up to the broker to take care of you,not the reciever. You are there agent. They have met their obligation.

    If the contract(under contract authority)with the shipper/reciever states a rate with unloading included there is no violation. And if the contract between the broker and carrier states the same there is no liability.

    In OOIDA vs Super Valu the main contention was the excessive levels of insurance(which they have changed)that prohibited the unloading by the carrier or an outside service of their choice.

    I do like the looking up(if availible)the unloading policy for the reciever.
     
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  4. windsmith

    windsmith Road Train Member

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    Note the bold text:

    Nothing regarding compensating an agent or broker. It is the direct responsibility of the shipper or receiver to compensate the owner or operator (driver) if lumpers are REQUIRED to be paid.
     
  5. wichris

    wichris Road Train Member

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    Like i said,read into it what you want. Look up some definitions.
     
  6. windsmith

    windsmith Road Train Member

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    You're the one challenging it. Explain your position.
     
  7. wichris

    wichris Road Train Member

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    Read through OOIDA vs SuperValu. You'll see what i'm talking about. The court already decided this issue.You'll also see how it refers to pre and post regulation,common and contract carriers.
     
  8. windsmith

    windsmith Road Train Member

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    The only issue that was decided there was that money didn't need to change hands, as the drivers had already been reimbursed.

    My contention is that I, or any other driver should not have to advance funds out of pocket at the time of unloading to pay for lumper services if we choose not to do so.
     
  9. wichris

    wichris Road Train Member

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    You don't have to,you can do it yourself. And they will try to coerce you into the lumper,but thats another issue. Their contract to pay/re-imburse is with the carrier/broker. Your contract is with the carrier/broker. What does it state? If it says re-imburse for lumper and you don't like it discuss it before hand. If it says unloading payed X amount and you don't agree don't sign it.
     
  10. Clasix1055

    Clasix1055 Even when I'm wrong I'm right

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    Then thats an issue between you and the broker ...

    If you have a load that requires a lumper you get the amount and have the broker issue a comcheck etc... This should be established before you pick the load up ... If the broker states that they will not do this then you do not haul the load its that simple, unless you are willing to turn in the reciept and be reimbursed for this service ....


    The shipper/reciever are not refusing to pay for the service therefore are not in violation of any federal regulations ... The issue is between you and the person who is responsible for collecting said payment lets all say it together ..... THE BROKER
     
    wichris Thanks this.
  11. stranger

    stranger Road Train Member

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    The way I see it is if the broker had $206.20 extra to pay a broker, there was $206.20 more left to pay on the freight rate.
     
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