Rejected load, detention layover pay

So what has transpired since yesterday when this thread started?

 

JB is not that bad. Particularly the Beer Loads.

That is button number two being treated like a pheasant. I should swell up, bulk and then roar at that uppity counting house squire and strip that court ### kissing lackey and her bills of lading out of her desk and burn the rest. See how she likes that.

Remind me to tell you about one very large famous Apple Lady in Safeway sometime... if you want a earful, this one would be it. I managed to stand up to her. #### yankee that I was once.

 

I just checked the avg rate on DAT Billings, MT - KC last 15 days: so
Broker-to-Carrier Spot:
Van: $1,685 per trip
Reefer: $2,382 per trip
Flatbad: $1,878 per trip
for whatever it is worth....

Edit: I would personnly take it for 2 grand. Billings, MT is not the prettiest town over there to sit there any longer. When you have a fleet of trucks and trailers you also have a potential to do these honorable fights with brokers and their customers but if it is just you then the odds are not much in you favor. I might be so wrong about this though, not sticking to your guns... I am also here often asking questions about similar scenarios. I have a feeling that most folks would take it too. It is most likely not JB Hunt but their customer deciding about the back-haul rate. JB Hunt can only ask on your behalf.

 

Maybe I can see a reefer load or two to Billings for McKesson Pharm loads at 60 degrees into winter.

I would be very tempted if I was a O/O to get involved in that with that rate. It's attractive. (Keep in mind this particular company reloads cardboard bales directly back to shipper to reload into container for export sales.)

 

Probably too late to help you but maybe others will find this useful. At this point, you met your obligation. Technically, you could make them agree to your terms or force them to get it off of your trailer. If they refuse, you can arrange for the "SAFE" storage and have them pay you prior to you divulging the location of the freight. Even if you DO divulge the location up front, you will still be paid for the load because you completed that contract when you arrived st the shipper and offered the freight. JB is a good company and asset based so I'm sure that they made it right. Also, if they are not communicating, send them and some bosses an email explaining that their lack of decision making is forcing you to make the decision for them, then you will get a response.

 

I actually delivered two new massey tractors to a large farm and custom hay baler in oregon once. When I showed up with them, they said we haven't ordered any new tractors. lol
I picked these up in NC, so it wasn't like I was just taking them back, after a few minutes on the phone we unloaded, apparently the dealer just shipped them as they bought several new ones every year anyway. They may have got a good deal on those two. lol

 

While this sounds like a good idea in theory, I don't know how you could prove in court that you attempted delivery and aren't just holding the freight hostage for a renegotiation.

They certainly aren't going to sign anything to indicate that you attempted delivery or that they refused it.

I am only certain of one thing. My cargo insurance carrier will go off like Mount St Helens if I try it.

The best I have been able to figure out is to check Google reviews of shippers and receivers once I get a rate con (unless I already know the place) and then call back the broker to either get a revised RC with detention spelled out or drop the load if the reviews (or my experience) indicate a crap receiver or shipper.

I like to do the callback a few hours before pickup so they don't have time to rebook. Of course, that also gives me limited time to rebook but I'm usually pretty good about getting the revised RC.

Maybe that's because I don't ask for enough...

 

I was recently in Tulsa delivering s couple Case mini loaders. They took them off and then went to verify the serial numbers with my paperwork. They said they didn't match and they had to put them back on my trailer. I said no let me call my company (I am a company driver). I was on the phone and noticed the guy getting in a loader. I knew he was about to drive one on my trailer so I pulled forward from the dock. That put a stop to that. After getting the run-around I finally got the paperwork back and went and looked at the units. Turns out they were looking in the wrong place for the serial numbers and they were the correct ones. I finally got out of there but it wasted over an hour and almost made me late to my next delivery.

 

So what are you legally allowed to do in this type of situation?

Is there anything in the rate con that prevents you from taking it to a warehouse?

Is that accurate that if they refuse the load they won't even sign paperwork that says they refused it? Has anyone had that happen?

 

Sorry for my miscommunication. To clarify, if a receiver actually refuses all or part of a load then, yes, they do note it on the BOL, at least in my experience.

What this driver was referring to is not a refused load but rather an extreme delay in unloading, amounting to a refusal to accept the goods in accordance with the rate contract, ie. at the appointed time.

In that instance, where you've had enough and are pulling off, I don't think that the receiver will sign anything admitting that they wouldn't or couldn't unload you on time.

One benefit of the ELD mandate is that it creates a legal record of your location and the time spent there. If you had to sue or defend against a suit, you would have evidence that you arrived at the receiver at the appointed time (hopefully) and also the length of time you were there.

Still, without verbiage outlining detention pay set in the rate contract or carrier agreement, you would probably have a tough time in court. You could show breach of contract, sure, but the judge would be the one to assess damages.

Meanwhile, you're storing freight and are not being payed anything for the load.

IMO, the worst possible time to begin negotiating detention pay is while you're sitting at the receiver. Have it in writing on the rate con.

I've heard of carriers who "rubber stamp" every rate con with their detention policy. I don't know how many loads they lose because of this practice.