Adventures in lumping
Discussion in 'Ask An Owner Operator' started by windsmith, Jan 12, 2013.
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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.RedForeman Thanks this. -
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Like i said,read into it what you want. Look up some definitions.
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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.
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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. -
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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 BROKERwichris Thanks this. -
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.
windsmith Thanks this.
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