Abandoned

[cheri1122]

Turtle: your point [the difference between possible and reasonable] is well taken. However, my last comment was that reason may mean something different to each party.
Faced with a $2000 tow bill, I [or the truck owner] may well decide it's unreasonable [or even impossible], and I only hope I never have to find out, lol.

 

[purgoose10]

Before I pay for a long tow on one of mine I'll call Penske and get another truck to get the freight through. It's far less than $3 a mile.

 

[ATeam]

What I share below is not a point in favor or against a driver paying from his or her own pocket the cost of being towed to a delivery if a breakdown under load occurs. It is just something to keep in mind as you think the question through.

As expediters, we tend to see loads one at a time, which is understandable since we haul loads one at a time. Diane and I did two loads last week. Some weeks we do more but a five-load week would be rare. Solo drivers do more, I presume, maybe as many as 200 a year?

Compare that to a shipper's view of loads. They may send an expedite load or two out the door every now and then, or they may send dozens a week. Additionally, they will typically send many more LTL and TL loads and individual packages. Where we expediters see loads individually, shippers see them by the dozens and hundreds.

Being leased to a single carrier, most expediters see things one carrier at a time too. But the fact is that very few shippers have exclusive relationships for shipping expedited freight. When they have hot freight to ship, they don't call one company to find a truck, they call several. That is the very reason why FedEx changed its dispatch system a few years ago to one that sends the same offer to multiple trucks at the same time; to produce a faster answer for shippers who call lest the shipper call someone else while the answer is waited for.

When we show up at a customers shipping or receiving dock and look the people in the eye, it is an important part of our day. But for the people on the dock and in the shipping and receiving offices, we are but one truck among many, from one of several carriers they see in a day.

We can do things to distinguish ourselves and our carrier at the loading docks we visit, and some of those things may even stick in the customers' minds. Far more influential are the failed loads and the vows customers take like, "I'll never use that carrier again." But for a customer who ships lots of freight, it would likely take more than one late delivery to prompt such a vow. And even if such a vow was taken, if the carrier in question is the only one with a truck available the next time hot freight needs to be shipped, the vow may be forgotten or suspended.

Also note that the turnover rate seems to be high among shipping and receiving departments. Diane and I have visited the same docks many times but we do not often see the same people. The person whose sox you knocked off with your impressive and expensive display of dedication to completing a load may not be on shift the next time you are in the area, may have been promoted or demoted to a different job, or may not be at that company at all.

 

[ExFedEx]

About 13 years ago Roberts Express paid my tow to closest dock (94 miles). Then I paid to the repair shop. Don`t know if policy is still the same under FECC, only time I ever broke down under load and had to be towed.

Those were the good ol' days when Roberts Express was flush with money. Everything changed after 9/11.

 

[billg27]

I know it's a little different in a CV but I broke down once on a load. It was a 1,300 mile run and I was about 60 miles from consignee's place. Having carrier pay for tow never even crossed my mind. I called AAA for the flatbed tow, explained to the driver what I was doing and convinced the driver to take my loaded van to complete my delivery for $100 cash bonus. So, I got free tow and paid out of pocket to get the job done. Total loss was the $100 plus the $200 repair bill. Still made money and delivered on time. (It was the middle of the night in a large city, that's why they had time to do this). I didn't realize how lucky I got that night until reading this thread.

 

[ATeam]

I know it's a little different in a CV but I broke down once on a load. It was a 1,300 mile run and I was about 60 miles from consignee's place. Having carrier pay for tow never even crossed my mind. I called AAA for the flatbed tow, explained to the driver what I was doing and convinced the driver to take my loaded van to complete my delivery for $100 cash bonus. So, I got free tow and paid out of pocket to get the job done. Total loss was the $100 plus the $200 repair bill. Still made money and delivered on time. (It was the middle of the night in a large city, that's why they had time to do this). I didn't realize how lucky I got that night until reading this thread.

You didn't get lucky. You played it smart, maximizing the advantages cargo vans have. Towing bigger trucks is a different matter. You cannot even get a heavy-duty tow truck to come and hook up for $100. At a minumum, the tow will cost hundreds of dollars and it could grow to thousands if it is a long distance.

 

[Rocketman]

We should re-title this thread to something like this: Discussion and opinions on how to, and excuses for, avoiding responsibilities.

 

[ATeam]

We should re-title this thread to something like this: Discussion and opinions on how to, and excuses for, avoiding responsibilities.

I would instead re-title it "Understanding Your Responsibilities" as in actually knowing what your contract says and what your duties and responsibilities are under it.

I mean, if you want to argue that a "good" expediter is obligated to pay to have his or her truck towed in if it breaks down under load, why not carry that reasoning to its logical conclusion and also argue that in the interests of customer service it is good to run for half price?

Customer service has its limits. When it gets so that I lose money serving a customer, I fire the customer (agree to no more of that customer's loads). Customers who are willing to pay a profitable rate get the very best I have to offer.

 

[BigCat]

What I have noticed since being at eo is Phil (And don't take this wrong, Again) always thinks technical stuff that the common expediters do not think. Then it brings out 101 different opinions from 5 people.

 

[ATeam]

What I have noticed since being at eo is Phil (And don't take this wrong, Again) always thinks technical stuff that the common expediters do not think. Then it brings out 101 different opinions from 5 people.

You may be right about what Diane and I think about. As a former financial planner of 11 years, I tend to view things in the long term and belive that an expedite operation should be profitable. That takes me into spreadsheets and concepts like the present value of a multi-year tax deduction and the future value of a present sum. As a licensed attorney who is now a truck driver but practiced law for 13 years, Diane tends to question every present action, asking, "How will this look to a judge in a courtroom six months from now?"

Those are the perspectives we bring to expediting and they often result in opinions that many other expediters do not share.

 

[purgoose10]

You may be right about what Diane and I think about. As a former financial planner of 11 years, I tend to view things in the long term and belive that an expedite operation should be profitable. That takes me into spreadsheets and concepts like the present value of a multi-year tax deduction and the future value of a present sum. As a licensed attorney who is now a truck driver but practiced law for 13 years, Diane tends to question every present action, asking, "How will this look to a judge in a courtroom six months from now?"

Those are the perspectives we bring to expediting and they often result in opinions that many other expediters do not share.

I think there's to much education in one truck. LOL!

 

[BigCat]

You may be right about what Diane and I think about. As a former financial planner of 11 years, I tend to view things in the long term and belive that an expedite operation should be profitable. That takes me into spreadsheets and concepts like the present value of a multi-year tax deduction and the future value of a present sum. As a licensed attorney who is now a truck driver but practiced law for 13 years, Diane tends to question every present action, asking, "How will this look to a judge in a courtroom six months from now?"

Those are the perspectives we bring to expediting and they often result in opinions that many other expediters do not share.

I wasn't saying anything bad there lol. Half the time you post the deep down you make me sit and think about it. If it works for you great, but we all know there is going to be someone in these boards that do not agree or is just in the mood to argue in the first place.

 

[ATeam]

... but we all know there is going to be someone in these boards that do not agree or is just in the mood to argue in the first place.

I disagree.

 

[davekc]

Most contracts will have language in them that refers to controlling the freight. Rarely or I have never seen things mentioned such as "service failure" or the words "to tow". Below is how many of these are written.

Satisfacory Transportation of Freight.
Contractor agrees to perform its services hereunder in such manner as to satisfy the requirements of carriers customers including but not limited to complying with pickup and delivery dates and times specified by carrier customers and by complying with carriers operating policies and proceedures. Contractor agrees it will indemnify, defend and hold carrier harmless from any liability, claim, loss, cost or expense, incurred by or asserted against carrier in connection with late pickup or delivery. This is usually tied to acts of negligence or something deliberate.

On the delivery failure aspect.
If contractor fails for any reason to complete the transportation of any freight accepted by it for transportation, abandons such freight, or otherwise subjects carriers to actual or threatened liability to any third party for failure to deliver such freight, carrier will have the right to complete delivery using the equipment or substitute equipment and contractor agrees to indemnify, defend, reimburse and hold carrier harmless from the entire amount of any such liability, claim loss, cost or expense, resulting from such failure to complete the transportation of such freight.

It is all in how it worded. Many will have this type of language or something pretty close.

 

[Turtle]

The other is the language where it talks about the Contractor leasing the equipment to the Carrier, which gives the carrier a great deal of control over the equipment when it has their freight on it.

The reason things like breakdowns and tows are not specifically mentioned and spelled out in detail is because of all of the various circumstances that accompany a breakdown. If the contract gets too specific, any conflict or ambiguity in the contract benefits the one who did not draw up the contract, and no carrier is going to go there.

 

[davekc]

100 percent correct. The controls over the freight is likely where this will be found.

 

[leezaback]

this is a short story that turned into a novel.

 

[RETIDEPXE]

.Who is responsible for the tow when you are under a load and your truck breaks down and shouldn't the company at least check on you to make sure you are ok?

See what you started DieselDriver? I've been watching for any followup. I am a bit confused. If the carrier sd to check with the owner, this infers you do not own the truck, or do you? And if not, when you say, shouldn't the Company check to see if you are OK, are you referring to a company you are contracted to drive for, i.e.; truck owner, or you referring to the carrier. I know you stated "my truck" a couple times, but IF you don't own the truck, many of the answers here would be different I'm sure.

Hope it all works out OK for you.

 

[mjmsprt40]

OK. If you own the truck, you get the expenses. If you're driving for the truck owner, the owner of the truck (usually) gets the expenses--- unless you and the owner came to some other agreement, in which case that's in your contract with the owner. The only time I would expect the Carrier to bear the expense is if they also own the truck.

 

[Moot]

I have been towed twice while under load. The first time was the result of a deer collision. I was leased to Con-Way Now and hit a deer enroute to a swap in Kansas City. I called dispatch. They got a wrecker from Des Moines, about 50 miles away to tow me 3 miles to a truck stop. The team I was to swap with came up from K.C., about 150 miles to get the load. The freight was a pallet of cartons and was easy to transfer. Delivery was made on time and I was not charged for the tow bill or the deadhead miles for the rescue.

The second time I got towed I was leased to Panther and was under load when my alternator failed. I was 65 miles and one international border away from the consignee with 11 hours until the scheduled delivery time. I delivered 3 or 4 hours late and was charged with my first and only service failure. Panther tried to stick me with the towing bill. http://www.expeditersonline.com/for...orum/30349-wrecker-fees-while-under-load.html So far I haven't paid it but they could have a lien against my escrow account and collect the day we part ways.

In the first case, I would have considered it equitable to split the wrecker bill 50/50 with the carrier. In the second instance a 50/50 split seemed fair until the carrier lied to me, jacked me around, kept me out of the decision making process and totally screwed up what should have been a fairly routine occurrence.

Two different carriers, two different types of breakdowns and two different end results.