ok got a insecure load ticket

Discussion in 'Experienced Truckers' Advice' started by iceman3525, Sep 1, 2012.

  1. iceman3525

    iceman3525 Light Load Member

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    Jul 25, 2011
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    ok here is what happened this week to me in new york..

    i picked up a load off our yard in decatur ,il. goin to middleboro,ma.

    well somewhere along the line the load shifted.. *( the load was sealed and was food grade load so could not break it to chk it).

    so i left the loves in binghamton ny got 9 miles downt the road well the load had shifted enough to make my trlr lean, i got pulled over and the officer told me he had to cut the seal to see what i was haulin and why it was leanin*( it was 18 totes of liquid starch loaded down the middle of the trlr with not bracin at all.. well they were 2500 lbs a piece. well i was told i had to have someone come out and move them so they were all on one side of the trlr and then wrote a ticket for insecure load...

    now how was i suppose to secure a load in a sealed trlr tht i did not load.. i am fifghtin the ticket thru a legal firm..

    ok lets hear how i am lowsy at tellin a story and whatever.. but would like some honest comments on this.. thnk u very much .. for listening..
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Interesting question.

    I have wondered that in the past with many of the sealed trailers we had to pick up.
     
    MNdriver Thanks this.
  4. Real Deal

    Real Deal Medium Load Member

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    I don't think you are going to beat that ticket. You were pulling that trailer so you were responsible for it.
     
  5. snowman01

    snowman01 Road Train Member

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    If you pick up a sealed trailer at a customer/drop lot and the load shifts it is not your responsibility if that happens. The company should pay the ticket. I always carry extra seals with me and if I pick up a sealed load at a drop yard or a customer, if at the drop yard I immediately break the seal and look inside and replace the seal with one of my own and change the seal number on the paperwork noting seal broken by driver at shipper for inspection. If at a customer I break the seal and still look inside then ask for a new seal. I've never had a problem with a customer after doing this. Notify your company first when breaking a seal, however, and if they tell you not too then ask them to qualcom you that they will be responsible for any overweight charges or tickets if it shifts. If you do not have a qualcom then just do it.
     
    Rogerthat Thanks this.
  6. rockee

    rockee Road Train Member

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    First question is what does your company say about it? Will they fight it or pay it for you? Second question is (and I am not trying to be offensive) if the officer noticed that your trailer was leaning so much why didnt you? I think your company should be backing you on this. Snowman I agree with what you are saying but at many places with a food grade load, if the seal is broke and replaced then it's an automatic refusal of the load.
     
    snowman01 Thanks this.
  7. iceman3525

    iceman3525 Light Load Member

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    Jul 25, 2011
    ,ohio
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    well my company is gonna go after the shipper for the rework of the trailer and my ticket if i end up with one.. as i siad i am gonna fight it and they seem to think i can beat it .. in 17 yrs of drivin never had this kind issue b4..
     
  8. Real Deal

    Real Deal Medium Load Member

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    If you are driving the truck it is your responsibility. Doesn't matter if it is a wheel seal that is barely leaking,an air line that is rubbed somewhere under the truck that you can't see withou sliding under it, or a load that shifted. If you did not check it and you get a ticket for it that's yours. Might not be fair but that's the way it is.
     
    Rogerthat, Autocar and 123456 Thank this.
  9. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Well this is one of those situations where there is the rule, then there is a law, then there is an interpretation, then a ruling, then an exception to the rule.... & there is no answer.

    There are the rules that says a driver is responsible for his load, then the one that says only an office of the law can break a seal.
    Then a law that says you must inspect all loads before you take them. You have to know what your hauling.
    Then there's a law that says you must have a Bill Of Lading for your load that describes among other things, what you carrying.
    Then there is this law that says.....
    You see where this is going? There is always the law or rule but there is always another that contracts it... then of course there's always another one... or two that contradicts the first two.

    Good for you for fighting it though. Keep us informed.
     
    MJ1657 Thanks this.
  10. Taildragon

    Taildragon Heavy Load Member

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    rockee is correct, automatic refusal of load with food at many places, the ticket will stand in a court of law, the thing to fight is "who" is going to be responsible for the payment of the ticket, and will it show up on your psp report, it doesn't say, did he also do a DOT inspection on you since he had you pulled over? The thing that you want to fight is that you don't want it to reflect on your record since it was sealed, also, was the liquid starch "food grade", preventing you from breaking the seal?
     
  11. STexan

    STexan Road Train Member

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    The questions is .. "what if you broke the seal and inspected the load?" would you have drove different? would you have refused the load? would you have been right to refuse the load or would you have been right to take the load, and drive a little more conservatively?

    That said, totes should not be loaded down the center like that with no boards nailed down the sides. Totes are "slick" to begin with on a good, smooth floor.
     
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