FedEx Custom Critical ???? Are they what they say they are??

[layoutshooter]

There are minimum requirements that MUST be met to put a truck on with FedEx. You should not even get as far as a lease if you have not met AT LEAST the minimum requirements. You can ALWAYS exceed them. The MINIMUM specs for a cargo van listed below.



Vehicle Specifications

Cargo payload capacity of 2,500 pounds
Minimum 8-1/2' foot cargo bed
48" minimum width between wheel wells, door opening 48" high minimum, 48" wide
Color must be white
Freight Securement
1/2" plywood floor
One row E-Trac (above wheel wells)
Two E-Trac ratcheting straps
Two four-foot pieces of 2x4
Hammer and nails

Vehicles must be no more than five years old from date of manufacture.

 

[chefdennis]

Pookie posted in post #179:

Dale, my lease does not say what space I must have open to use.......could you show me where it does?

Pookie posted in post #133 what I would think came from the FedEx Lease agreement:

BLING BLING here is some info:

they should add 4 e straps, 2 tie downs and 1 tow strap with hooks.......to needed gear

2 e straps for each skid
2 tie downs to wrap drums (always some dirtball half *** puts drums on skid unsafe)
1 tow strap with hooks to drag out 2nd skid



Vehicle Specifications

* Cargo payload capacity of 2,500 pounds
* Minimum 8-1/2' foot cargo bed
* 48" minimum width between wheel wells, door opening 48" high minimum, 48" wide
* Color must be white

Freight Securement

* 1/2" plywood floor
* One row E-Trac (above wheel wells)
* Two E-Trac ratcheting straps
* Two four-foot pieces of 2x4
* Hammer and nails

Vehicles must be no more than five years old from date of manufacture.

Something tells me that the enlarged highlighted words above pertains to the need for 8 and 1/2 feet of cargo area at all times....but then again maybe I am the only one that would think that is what that sayes and means...no i think most everyone here with the exception of Pookie see's it that way....

 

[LDB]

But I digress, as one can call the IRS with the same question to 10 different agents and get 10 different answers.

Dave, Dave, Dave... now you know that's not true. You are being completely unrealistic about the IRS. You know good and well that if you call 10 different agents with the same question you'll get 11 different answers.

 

[pjjjjj]

First, I'm wondering how the people here know what Pookie's contract with his/her carrier states exactly. How do people know that everyone's contract is exactly the same and that nobody ever negotiates any changes for themselves individually?

The carrier entered into a contract with 'the Pookies' as a team, approved their specific 'x' sized vehicle, with 'y' dimensions, 'z' weight capacity, and zero sleeper. The carrier offered a load which is a certain size which will fit that particular contracted vehicle driven by that particular team. Apparently the drivers stated they could do it since it is 'one' skid, but they could not if were 'two', at this particular time. Team arrives to the shipper after driving 5 hours of deadhead to get there, to discover the load is in fact 'two' skids.. different than stated.. one the team would have said NO to, if they had known.. one they deem unsafe for themselves to take at that time.

Is this not the same as a straight truck arriving to a shipper and finding that the weight of the load is twice as heavy as stated? Even if it might be do-able in a given driver's truck, is it not possible for a driver to set his own vehicle's limitations? Is it not similar to a solo driver arriving to a shipper and then having to end up waiting so long for a load that was stated to already be waiting on the dock, that he knows he will run out of hours before the load can possibly reach its destination within the stated time frame?

It seems to me like some of you are more interested in making a point about your belief that the Pookies have the wrong type of vehicle for the industry, or that the Pookies should be more willing to do things they don't want to do, like sleeping upright in a van seat, so that they can expand their income possibilities to fit within your own ideals.

Just as some won't go to CA and some won't go to Canada, some can't get enough real sleep in a moving van in an upright seat to enable driving a long load after already driving one that day, and some want to sit in truckstops and chat instead of driving.

It is no one's business other than the Pookie's if they choose to limit themselves in whichever way they wish, as long as they don't come on here and cry about not receiving enough opportunities and/or not making enough money. Pookie however, is not complaining about opportunities or income. In fact, according to Pookie's posted stats, they seem to be doing quite well for a van.

Pookie is complaining about the stated terms of the contract on one load changing to become something else that the team deemed unsafe, for them, at that specific time, and then being threatened to be put OOS for refusing it.

After driving hours of deadhead in good faith to run the load as stated, they arrived to find something different, and something the carrier should know enough to make sure about in advance, given the type of vehicle and the fact the carrier is fully aware of the vehicle. And not only did it change into something the Pookies deemed unsafe and therefore could not in good conscience run, they were told they wouldn't be receiving the contracted deadhead pay. Perhaps the contract states that the load must be run in order to collect the deadhead pay, who knows.

If I, or many of you were to be in this situation, it wouldn't be a situation because we would sleep in the seat rather than be deemed a service failure and lose out on a long run. If I, or many of you were to buy a van, it would not be that van. These things however, are not the point.

The point is that the OP is complaining about not being treated as an independent contractor. But how can one fault the carrier for threatening to put this team in this circumstance OOS? The carrier also exposes itself to risk. This team told the carrier they needed sleep, and they believed themselves to be unsafe to complete a long run.

The carrier needs to cover their own exposure as well. If a team feels that unsafe due to sleep requirements, does not have a sleeper, can't sleep upright, and only has enough room for the 2 skids on deck, then go OOS. Simple. To say that a carrier is a bad carrier for 'forcing' one to do so, is only taking one party's safety and risk exposure into consideration, and not the other's.

Not only is the carrier treating this team as independent contractors able to make their own safety decisions, the carrier is also treating their own business the same way in deciding not to use this team's services at this particular time due to their own safety concerns after being told the team requires sleep. Each business must look out for their own best interests. Last time i checked, not tooooo many are special enough to get to have their cake and eat it too.

 

[pjjjjj]

.... Bottom line. You failed to provide equipment that met their requirements. You now have no job....

Did Pookie say 'out of service', or 'out of a job/lease'?

Nevermind.... I see what I missed... sorry about your luck Pookie.

 

[cheri1122]

Pjjjjj: in general, I agree with what you said, but there are two points that negate the whole argument you made:
1 Pookie did NOT specify to dispatch that he would take the run "if it were one skid". A load offer came over the QC specifying one skid, and was accepted. As a dozen folks have pointed out, the amount and size and weight of a load frequently change between the order and the trucks arrival, but as long as it doesn't exceed the safe capacity of the vehicle [presumed to accommodate a team], refusal to accept it is a service failure.
2 A vehicle that is team driven must be presumed to provide sleeping room for both drivers, otherwise it's no better than a solo vehicle.
As for individual variations in contracts, I never heard of any being granted, and even if they were, it wasn't in this case, or we'd have heard about it, maybe 50 posts ago.

PS to Pookie: you won't find mention of the need to maintain a valid driver's license in your contract either, but just try not having it...

 

[pjjjjj]

Pjjjjj: in general, I agree with what you said, but there are two points that negate the whole argument you made:
1 Pookie did NOT specify to dispatch that he would take the run "if it were one skid". A load offer came over the QC specifying one skid, and was accepted....

.... we said we can take what we accepted but would be unsafe to take two....

Perhaps I misunderstood... I took it to mean the team had told the carrier in advance.

 

[Bruno]

Everyone in this business is a contractor. According to Black’s Law Dictionary, an “independent contractor” is :Generally, one who, in exercise of an independent employment, contracts to do a piece of work according to his own methods and is subject to his employer’s control only as to end product or final result of his work. One who renders service in course of self-employment or occupation, and who follows employer’s desires only as to results of work, and not as to means whereby it is to be accomplished. An independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking.

Example of a "independent contractor"

Lets say a pipe breaks in your house and you need to get it fixed. You call a plumber out to fix the broken pipes. Yes, the Plumber is doing the work for you, but they are not your employee. Same goes with an expedite carrier, the carrier calls you and says I have a load/job for you. You choose to take it or don't take it, with your own truck, van, or what ever you drive. The carrier has no money vested in your business. They don't give you anything to do the work. We all rent a C-link/QC from our carriers as a independent contractor not as a employee.

We all have the freedom to turn down loads because we are contractors.

 

[pookie8me]

pjjjjjjj, you explained it very well...thank you........can you do all my posts? LOL

rock on!!!!!!!!

the others still don't get it...all well!

 

[pookie8me]

load offer was one 48x48x48 skid...we accepted and was willing to do such......2 skids was unsafe for us at that time.....

we did not find out till we showed up at dock....early!!!!!!!

 

[pookie8me]

Bravo Bruno!!!!!!!!!!!!!!!! Bravo!!!!!!!!!!!!!

A true man...Blacks law...I have it too!!!!!!!!

 

[pjjjjj]

.. A vehicle that is team driven must be presumed to provide sleeping room for both drivers, otherwise it's no better than a solo vehicle.

If the carrier is going to take on a team that doesn't have a sleeper, and can't carry 2 skids AND a place for the co to sleep, then you're right, it's no better than a solo.. so why is the carrier offering a team run which would require a sleeper?

As for individual variations in contracts, I never heard of any being granted, and even if they were, it wasn't in this case, or we'd have heard about it, maybe 50 posts ago.

Maybe,... in this case maybe not.

PS to Pookie: you won't find mention of the need to maintain a valid driver's license in your contract either, but just try not having it...

I find it hard to believe that item would not be included in the contract. Is that true Fedexers?

 

[cheri1122]

Pookie: if you advised dispatch of your agreement to take one skid, and only one, before accepting the load, then I apologize.
But you didn't, did you? The issue was presented only after you arrived at the shipper and found it was two skids [though still within your contracted capacity.]
PS Forget getting Pjjj to ghost write for you - I've been asking for years, she won't do it.

 

[greg334]

How do people know that everyone's contract is exactly the same and that nobody ever negotiates any changes for themselves individually?

Well to support your above comment Pjjjj I have to point something out that may be shot down quickly.

First there is a standard contract, there is no negotiation with that contract, I don't even think FedEx CC allows one to review it before hand (I may be wrong) but because there is a standard contract there is no capacity specified in the contract which causes ambiguity to what is and what is not considered a reasonable capacity that the contractor must maintain AND I don't know if the service failure issue is defined at all based on capacity of that contractor's vehicle, I would be surprised if it is.

With that said, I have to point out that MANY requirements that are put in writing, some have to do with age of vehicles and some have to do with experience levels are often waived as part of a negotiation to gain that contract as a contractor to the company.

Further more, on the subject of age of vehicles, within the fleet itself there has been a waiver granted to some who have older vehicles which also is not in the contract as a stipulation but is in the requirements to be allowed in the fleet.

 

[pjjjjj]

....According to Black’s Law Dictionary, an “independent contractor” is :Generally, one who, in exercise of an independent employment, contracts to do a piece of work according to his own methods and is subject to his employer’s control only as to end product or final result of his work. One who renders service in course of self-employment or occupation, and who follows employer’s desires only as to results of work, and not as to means whereby it is to be accomplished. An independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking.

Example of a "independent contractor"

Lets say a pipe breaks in your house and you need to get it fixed. You call a plumber out to fix the broken pipes. Yes, the Plumber is doing the work for you, but they are not your employee. Same goes with an expedite carrier, the carrier calls you and says I have a load/job for you. You choose to take it or don't take it, with your own truck, van, or what ever you drive. The carrier has no money vested in your business. They don't give you anything to do the work. We all rent a C-link/QC from our carriers as a independent contractor not as a employee.

We all have the freedom to turn down loads because we are contractors.

You can be deemed to be as independent as you like but you may not have many customers or the ability to maintain a viable business if your customer services skills do not include keeping your customer satisfied with your service.

I don't know if it is the same in the USA, but if a business hires a contractor to come onto their site to perform work, said contractor is required to provide proof that he maintains workers' compensation coverage for his own workers. This is to protect the business from being sued by the employees of the contractor in the event of injury. This however, does not mean that said business will want to do business with a contractor who has unsafe practices and exposes said business to undue risk and bad publicity.

 

[layoutshooter]

When we contract at a "C" rate we agree to carry a load that can, and often does, equal or exceed the weight limit for "C" rate loads. When it exceeds we get "D" rate pay. I have to be ready to fill my truck as required.

I would think that a van is no different but then I have never, and will likely never, drive a van.

It always helps to have correct dimensions and weight for the load but I would turn blue holding my breath waiting for that to happen every time.

 

[cheri1122]

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If the carrier is going to take on a team that doesn't have a sleeper, and can't carry 2 skids AND a place for the co to sleep, then you're right, it's no better than a solo.. so why is the carrier offering a team run which would require a sleeper?
Because they don't look at it in those terms - a team vehicle is presumed to be set up to allow team operation. That it wasn't initially doesn't mean the owner hasn't made changes since then, which isn't dispatch's job to keep up with - they offer the load, the driver accepts or declines. In this situation, a responsible driver would have declined, knowing the load may well be two skids, if that would be 'unsafe' for him to deliver.
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Maybe,... in this case maybe not.
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I find it hard to believe that item would not be included in the contract. Is that true Fedexers?

It's not in mine, which isn't FedEx. Nor does it say I must be awake and dressed to drive

 

[greg334]

Example of a "independent contractor"

Lets say a pipe breaks in your house and you need to get it fixed. You call a plumber out to fix the broken pipes. Yes, the Plumber is doing the work for you, but they are not your employee. Same goes with an expedite carrier, the carrier calls you and says I have a load/job for you. You choose to take it or don't take it, with your own truck, van, or what ever you drive. The carrier has no money vested in your business. They don't give you anything to do the work. We all rent a C-link/QC from our carriers as a independent contractor not as a employee.

We all have the freedom to turn down loads because we are contractors.

Dave, the only problem with your example is this;

If you call a plumber and he comes to your house, inspects the problem, he can refused to do the work and still charge you for the call. You agree to his terms when you are requesting his services and in doing so, he can charge you for that call for the initial inspection and decision.

 

[pjjjjj]

.... First there is a standard contract, there is no negotiation with that contract, I don't even think FedEx CC allows one to review it before hand....

That is very handy if that is in fact the way it is, and I hope it is not.... 'yes, come with all your credentials and proper vehicle, and sign up for training, but no, we shall save the contract as a surprise to be shared once you commit all that time, money and travel to arrive for said training'.

There is an exception to every rule, right? If a business is not getting enough applicants, they've got to open a window or two, kind of like your government opening up the military. I'm sure that decision wasn't simply due to political correctness.

 

[Bruno]

load offer was one 48x48x48 skid...we accepted and was willing to do such......2 skids was unsafe for us at that time.....

we did not find out till we showed up at dock....early!!!!!!!

You don't get it do you. FedEx Custom Critical did nothing wrong on this. Your van was signed on to FedEx being able to transport 8.5 feet of freight that can't weigh no more than 2500lbs. Your van is called a B unit in this business. The customer calls in and said they need a B unit to pick up 1 skid at 1000 lbs. Now remember the customer is paying for the whole 8.5 of space that can weigh up to 2500 lbs. If FedEx offers you this load at one skid because that is what the customer is telling them great. But don't blame FedEx Custom Critical because the customer is filling your van up, they paid for the space.

If your van doesn't have a place to sleep when your van is full. Then you bought the wrong kind of van. Your van can do the loads that FedEx Custom Critical will offer any other solo B-unit. Most people don't plan to fail, They fail to plan. You knew that you needed this amount of space in your van before you even went to Green, Ohio to sign your van on. FedEx sends out a packet to everyone telling them everything you need and how much floor space every unit needs before they even come to Green. You knew from the get go and now your saying it's all FedEx Custome Critical fault which is HOG WASH.