Please help. Need advice with ongoing truck load issue

Discussion in 'Ask An Owner Operator' started by Arturas88, May 20, 2017.

  1. Arturas88

    Arturas88 Bobtail Member

    May 20, 2017
    So we got this load from Texas to Arizona. It was refr. load. We where delivering corns. When we arrived to Arizona, load was rejected due to discoloration of the corns (quality). Broker told us to go to California. Broker send us documents with information, but rate was very low. Broker recalculated estimate and we accepted the total. He sent us another document which had some special instruction to drive around the California's agriculture inspection station thru another site. Which is farther. It made no sense, to drive some extra millage just to go into California thru another inspection site. We did not go thru that farther inspection, we went thru the closer one. Got stopped by inspectors and they found some live insects in there which where not allowed in CA. Contacted broker and they said that we have to do fumigation which costs 900$. Right now it is in process. What should we do right now? We had to cancel 2 loads due to this issue. We are losing profit and also broker is now saying that it is all our fault and we have to pay for fumigation. He is claiming that because we did not go thru inspection site which he added to documents, now all of this situation is our fault. We are totally confused and never had situation like this. I would greatly appreciate any advice. Thank you!
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  3. 201

    201 Road Train Member

    Apr 16, 2014
    high plains colorado
    Wow, I think you're screwed. You have to get rid of it, by whatever means, and call it a bad day. We've all had them. Bet you won't haul that junk again. I'm not sure how insects are your problem, but you'll have to get the wagon cleaned anyway. I've seen produce loads taken to landfills, just to dump it. Best of luck,,,,That's truckin'!
    TallJoe and Oxbow Thank this.
  4. belowspeedlimit

    belowspeedlimit Medium Load Member

    Apr 26, 2013
    Oil country
    To put it bluntly. Your hooped
    TallJoe and Oxbow Thank this.
  5. baha

    baha Road Train Member

    Jul 25, 2013
    The broker will find another place to unload his corn, you need to keep track of all time and mi. till they send you a new rate sheet before you drive to final?
    TallJoe and Oxbow Thank this.
  6. Arturas88

    Arturas88 Bobtail Member

    May 20, 2017
    The issue is that they sent us new rates before this fumigation happened and we accepted/signed. Can we bill them later for fumigation? Broker is denying to pay for fumigation. He said that in the comments he told us that we have to go thru different scales, which does not make any sense. How can we get him to pay? Is court the only way?
  7. x1Heavy

    x1Heavy Road Train Member

    Mar 5, 2016
    White County, Arkansas
    You have to deliver this load and write it off as a learning experience. I have been inspected for bugs and if they found certain bugs on my rig I would have been refused entry into the state and told to take it all the way back to the shipper. That would have been a ruckus. It's part of trucking. You learn, become wise and move on ready for next time.

    I have a problem with the broker issuing specific instructions to bypass one inspection station for another known to him or her not to be as strict. If you had gone and introduced those bugs into that state and got caught bypassing it would have been worse for you.

    I think you have something against the broker. I was fine with your narrative until broker gave instructions to bypass a inspection station. I have a problem with that.

    I suggest you do not use this broker anymore. Eat your losses, get out of the load, and move on with someone else who will do a better job as a broker.

    Don't be confused. Trucking has many forces acting upon you. The State says no bugs, you had bugs, now it needs bombing against bugs and it's friends. Nothing confusing about that. It's pretty clear you lost and continue to lose money the longer that this problem load is on your 5th wheel. Get rid of it. Deliver the dam thing and move on down the road.

    Remember there are no truly bad days in trucking. Just days in which you will have a story someday when the sting wears off.
    TallJoe, 201 and Nostalgic Thank this.
  8. Old Man

    Old Man Road Train Member

    Apr 3, 2009
    Oklahoma City, OK
    I think the California bug inspector would enjoy seeing where the broker asked you to avoid the bug check. They take it very serious about protecting their ag
    The broker was asking you to break the law, hold him to the fire to pay.
  9. x1Heavy

    x1Heavy Road Train Member

    Mar 5, 2016
    White County, Arkansas
    I would also share this information with the state inspectors as well. See what they can do for you with that little tidbit. That makes you part of the solution and help defend the state against infestations. Not a problem driver.

    You pretty much will kill whatever goodwill is left between yourself and the broker. It is what it is. I don't have a problem with it. When the word gets around your neck of the woods what happened and if the State went after that broker for the bypass illegally instructions you were given... then that broker might not be able to stay in business long enough to matter. Whose fault is it now? Not yourn Not the state. But he broker who told you to bypass. I hope they allow the fire to burn slowly with him on the stake longer.
  10. HaulinCars

    HaulinCars Medium Load Member

    Jan 25, 2014
    Central Florida
    Your not going to like this response at all... But looking at it from the brokers point if view...

    "Doesn't make any sense"

    Well that really doesn't matter. The contract was for you to go the route he told you to use and that you agreed to when signing the rate/route sheet.

    You, on your own, violated the contract by deciding not to follow the assigned and agreed upon route.

    So now your still saying g but the route made no sense. Yeah, maybe not to you but obviously he knows something about that route that you do not.

    Maybe he knows that they don't inspect refers there, maybe he knows that the inspector there does not know what he is doing and or does not care or he has an I side deal to pay the guy off. Whatever the reason is does not matter at all because without his permission you violated the agreement.

    That violation makes you responsible for any charges and delays resulting from your decision to make the violation.

    No, I'm not a lawyer but that's what the broker is going to say if you take him to court. It's my bet the judge sees it more his way than yours because you did have an agreement that you unilaterally without any authority changed.

    I could of course be wrong but....

    My advice would be to try to be as agreeable as possible and see if the broker is willing to help you out in any meaningful way. If so be grateful, accept the help and move onto the next load.

    Best of luck. Keep us posted as the the final outcome..

    EDITED TO ADD the following:

    The 2 posts just prior to mine were not there when I started writing my response.

    After reading them I have to say that they obviously have very good points!

    I'm sure the California bug inspectors would be interested to know what's going on.

    That said, you still violated the actual contract. You should have asked about and protested it prior to agreeing to it.

    Now that the last 2 posts have educated me some in the ways of hauling food, I'm not as sure how the judge would see it but still tend to think he is going to look at the agreement which in and of itself has nothing in violation of the law. He didn't tell you to bypass the scale/inspection just to use a different one. Why he told you that is not part of the agreement and should therefore not be admissible or relevant.

    Again, best of luck.!
    Last edited: May 20, 2017
    RERM, x1Heavy, dunchues and 2 others Thank this.
  11. Pepper24

    Pepper24 Road Train Member

    Apr 19, 2016
    Hope you learn from this if you sign a agreement to do a certain job do it or don't sign it.You can cry foul now but you agreed to the terms of the agreement and then decided not to do it why to save some miles kinda bit you in the ### now
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