The real truth about lumper fees.

Discussion in 'Shippers & Receivers - Good or Bad' started by dasilva, Apr 25, 2007.

  1. Werewolf

    Werewolf Bobtail Member

    39
    6
    Feb 4, 2006
    0
    Little do most of you know, your basic duty as a driver is to get freight from point A to point B. This lumping crap is all A sham.... and also ILLEGAL! Please read the following:

    LOADING AND UNLOADING MOTOR VEHICLES
    TITLE 49 UNITED STATES CODE
    (49 U.S.C. §§ 14103 (a) and 14103 (b)

    Effective July 1, 1980

    The Motor Carrier Act of 1980, Section 15, "addresses the problem that some motor carriers and owner-operators have had with being coerced by so-called 'lumpers' into paying to have their trucks loaded and unloaded. . .regardless of whether the trucker is willing to perform the services himself."

    "For example, the practice of lumping is often permitted, if not encouraged, by companies who own the loading docks. This allows these companies to avoid having to do the loading or unloading themselves. Further, shippers or brokers who arrange for the transportation services often refuse to reimburse the trucker for the lumper payments. . .Similarly, an owner-operator under lease to a regulated carrier may have difficulty getting reimbursement for such expenses from the carrier."

    "The purpose of this provision is not to suggest or endorse any particular apportionment of loading or unloading responsibilities between and among shippers, receivers, carriers, and owner-operators. In fact this is...[believed] that this apportionment of responsibility is a market decision to be determined by the parties to the transaction. Further, it is not...[intended] to change the situation where a carrier's tariff does not specifically mention loading and unloading charges but instead includes them as part of its line-haul rate. Accordingly, where a line-haul rate in a tariff includes loading and unloading, or where, as a matter of practice, the tariff has been construed as including compensation for loading or unloading, the law or practice remains unchanged.

    "What this provision is intended to do is make it clear that the parties must agree among themselves who has responsibility for the loading and unloading and how much compensation that person should be paid for that service. Further, where the person arranging the transportation has agreements with both the receiver and the trucker and those agreements are inconsistent, the parties may wish to place responsibility on the person arranging the transportation for any losses that occurred as a result. . .Similarly, where an owner-operator is leased to a regulated carrier. . .the lease [should] specify the responsibilities of the carrier and owner-operator regarding loading and unloading, including compensation."

    (Excerpts from 1980 H.R. Rpt. No. 96-1069, 96th Cong., 2d Sess., pp. 30-31)

    § 14103 (49 U.S.C. § 14103 reads:

    (a) Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under sub chapter II of Chapter 105 of this title) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

    (b) It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle, except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.



    "This section addresses those situations where the trucker is subjected to extortionate practices regarding the loading and unloading of his or her truck. It does not apply to the activities which are lawful under the National Labor Relations Act or the Norris-LaGuardia Act. for example, it does not apply to threats to strike or picket, or to the actual engaging in strikes or picketing." (1980 H.R. Rpt. No. 96-1069, 96th Cong., 2d Sess., p. 31).

    PENALTIES FOR VIOLATIONS OF RULES RELATING
    TO LOADING AND UNLOADING

    The penalty for violation(s) of §14103 can be found in the FMCSRs under Appendix B to Part 386, (g) Violations of the commercial regulations (CRs) number (14). It reads, "A person who knowingly authorizes, consents to, or permits a violation of 49 U.S.C. 14103 relating to loading and unloading motor vehicles or who knowingly violates subsection (a) of 49 U.S.C. 14103 is liable for a penalty of not more than $11,000 per violation".
     
    Last edited: Nov 15, 2008
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  2. Werewolf

    Werewolf Bobtail Member

    39
    6
    Feb 4, 2006
    0
    Little do most of you know, your basic duty as a driver is to get freight from point A to point B. This lumping crap is all A SCAM.... and also ILLEGAL! Please read the following:

    LOADING AND UNLOADING MOTOR VEHICLES (AKA The Norris - La Guardia Act)
    TITLE 49 UNITED STATES CODE
    (49 U.S.C. §§ 14103 (a) and 14103 (b)

    Effective July 1, 1980

    The Motor Carrier Act of 1980, Section 15, "addresses the problem that some motor carriers and owner-operators have had with being coerced by so-called 'lumpers' into paying to have their trucks loaded and unloaded. . .regardless of whether the trucker is willing to perform the services himself."

    "For example, the practice of lumping is often permitted, if not encouraged, by companies who own the loading docks. This allows these companies to avoid having to do the loading or unloading themselves. Further, shippers or brokers who arrange for the transportation services often refuse to reimburse the trucker for the lumper payments. . .Similarly, an owner-operator under lease to a regulated carrier may have difficulty getting reimbursement for such expenses from the carrier."

    "The purpose of this provision is not to suggest or endorse any particular apportionment of loading or unloading responsibilities between and among shippers, receivers, carriers, and owner-operators. In fact this is...[believed] that this apportionment of responsibility is a market decision to be determined by the parties to the transaction. Further, it is not...[intended] to change the situation where a carrier's tariff does not specifically mention loading and unloading charges but instead includes them as part of its line-haul rate. Accordingly, where a line-haul rate in a tariff includes loading and unloading, or where, as a matter of practice, the tariff has been construed as including compensation for loading or unloading, the law or practice remains unchanged.

    "What this provision is intended to do is make it clear that the parties must agree among themselves who has responsibility for the loading and unloading and how much compensation that person should be paid for that service. Further, where the person arranging the transportation has agreements with both the receiver and the trucker and those agreements are inconsistent, the parties may wish to place responsibility on the person arranging the transportation for any losses that occurred as a result. . .Similarly, where an owner-operator is leased to a regulated carrier. . .the lease [should] specify the responsibilities of the carrier and owner-operator regarding loading and unloading, including compensation."

    (Excerpts from 1980 H.R. Rpt. No. 96-1069, 96th Cong., 2d Sess., pp. 30-31)

    § 14103 (49 U.S.C. § 14103 reads:

    (a) Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under sub chapter II of Chapter 105 of this title) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

    (b) It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle, except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.



    "This section addresses those situations where the trucker is subjected to extortionate practices regarding the loading and unloading of his or her truck. It does not apply to the activities which are lawful under the National Labor Relations Act or the Norris-LaGuardia Act. for example, it does not apply to threats to strike or picket, or to the actual engaging in strikes or picketing." (1980 H.R. Rpt. No. 96-1069, 96th Cong., 2d Sess., p. 31).

    PENALTIES FOR VIOLATIONS OF RULES RELATING
    TO LOADING AND UNLOADING

    The penalty for violation(s) of §14103 can be found in the FMCSRs under Appendix B to Part 386, (g) Violations of the commercial regulations (CRs) number (14). It reads, "A person who knowingly authorizes, consents to, or permits a violation of 49 U.S.C. 14103 relating to loading and unloading motor vehicles or who knowingly violates subsection (a) of 49 U.S.C. 14103 is liable for a penalty of not more than $11,000 per violation".

    --------------------------------------------------------------------------------
     
  3. wdstk69

    wdstk69 Light Load Member

    60
    8
    Sep 19, 2008
    noblesville indiana
    0
    i tried to quote that law to the head dispatcher, at shaffer trucking ( newkingstown pa ) he told me to lump the freight or clean out the truck !! that law does not work<! companies DO NOT CARE, the shipper, ( hershey, mars ect.) pay the company ,to get the trailer unloaded the companies do thier best to force the driver to do it for 1/3 of what the shipper or broker pays.i have seen drivers paid 35 to 40.00, to unload a trailer load of candy, knowing the shipper pays 140 to 175.00, if drivers stick togather they will not have to do anything but drive, and as we all know that will not happen, glad i retired,i miss the highway i do not miss the hassle of getting product off a trailer. grocery warehouses are the worst kind, they have contracts with the food companies, and most of those contracts include the trucking company to be responsiable for unloading the product.i retired in 2004, i hope things are better now then when i was out there.this subject is one of the reasons for huge turn over of over the road drivers. have a safe trip drivers, WOODSTOCK:biggrin_25525:
     
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  4. Werewolf

    Werewolf Bobtail Member

    39
    6
    Feb 4, 2006
    0
    However, if you are in the position to tell them to buzz off, you will have excellent grounds for winning your unemployment AND A FOLLOW-UP LAWSUIT WITH LABOR RELATIONS as they are violating FEDERAL labor laws. Remember, if you get hurt on the job lumping freight, the company and the receiver won't pay any punitive damages, leaving you to fork the medical bills. I'd rather them terminate me than to risk getting severely injured with no compensation. I would enjoy seeing companies fined and whoever told you to lump freight to be fined, imprisoned or both as this law was revised again in 1994. A $14,000 fine and/or 10 years imprisonment.
     
    Last edited: Nov 15, 2008
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  5. northstarfire0693

    northstarfire0693 Medium Load Member

    598
    141
    Jul 1, 2006
    0
    Only you Aftershock...only you....:biggrin_25525:
     
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  6. wdstk69

    wdstk69 Light Load Member

    60
    8
    Sep 19, 2008
    noblesville indiana
    0
    ######, driver you got it all fingered out!!, be carefull the lawyers will want thier share, lol lol it aint easy handicappin around town the big movers will run you over like they have me, oh! the chicken lughts are a cool idea, they will give you a special parking place at your local wal-mart. have a super trailer trashing day, WOODSTOCK
     
  7. Infosaur

    Infosaur Road Train Member

    I guess if I wanted to get real cute, I could always drop the trailer in the exectutive parking lot? Or block the employee parking gate? Right before quitting time?

    Nah, I'm not that stupid. But I think it would get the point across if I ever had a blatent problem with a vendor.
     
  8. AfterShock

    AfterShock Road Train Member

    6,621
    7,102
    Sep 19, 2007
    Inland Empire, California
    0
    OH!
    Absolutely!

    Drop it on y'all's foot, and sue the suckers for million$.
    All depends on where that is, Infosaur.

    I'd be real cautious where I parked at Smith & Wesson, or at the Watt's Food Bank,
    there, all nestled in shadows of the beautiful suburbs of the L.A. Armpits --- down town.
    "Down" being the key word here or there.
    Y'all could get robbed of y'all's money thar
    so someone ELSE can buy food.
    See how that works, .......... gang? :biggrin_2552:

    The secret to achieving your intended goal, is to make YOUR "blatent" problem THEIR problem, --- too, or
    exclusively, ....... better yet.

    GOOD dispatchers are GOOD at doin' that
    FOR a Big truck truck driver.

    You want your load?
    Go fetch it.
    At y'all's extra expense.
    Git-'er-done.
    NoW.

    Often followed by skrew-you-too,
    ##!&%**#!! :biggrin_25523::biggrin_2559::laughing-guffaw:

     
  9. wdstk69

    wdstk69 Light Load Member

    60
    8
    Sep 19, 2008
    noblesville indiana
    0
    :biggrin_25519: ha ha love your idea some drivers have claimed to have done it but you and i know what would happen
     
  10. 4campbells1

    4campbells1 Bobtail Member

    29
    7
    Jan 5, 2009
    Olympia,WA
    0
    I have unloaded and sorted more than my share of loads to say the least; I get so fed up with the B.S. these shippers and recievers get away with; I feel they are the one's who ordered the freight and therefore, it's THEIR product, NOT MINE or my companies, and it should be up to them to load it onto my truck and take it off and sort it (I have no problem with loading or unloading but I sometimes draw the line at sorting a full 53' trailer full of yogurt or something that's gonna take me all day to do).

    It'd be alot faster I feel at docks if they'd just load/unload you when you got to a dock and took up any shortsges or damages between the shipper and reciever and left the trucking company out of it, and they sorted all their freight on their time, not the truckers time since we are always under the gun for hours.
     
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