What if you break down or get sick?

Streakn1

Veteran Expediter
Here's a hypothetical (but potentually real) situation to ponder:

You've picked up your sealed load at the shipper and part way into the run you (a T/T rig) break down or you (T/T or Straight truck) become extremely ill. Be you solo or team in a straight truck or T/T lets say circumstances keep you from completing the run.In the case of a straight truck the truck can be driven by another driver if needed, or the trailer can be repowered by another tractor. The customer does NOT want the freight transferred to another vehicle. The customer also wants on-time delivery of the freight.

What if to service this customer your carrier says they will have to put another driver in your (you own it) truck to finish delivering the load, or another tractor will be picking up your (again you own it) trailer to finish delivering the load. What would your response be? Who would be liable if this driver is involved in an accident with your truck or trailer? Who would pay for the repairs if this driver damages your truck or trailer? Has anyone had to do this?
 

cheri1122

Veteran Expediter
Driver
Regardless of what the customer wants, no carrier has the authority to put another driver in a truck they don't own - nor would they want to assume responsibility for any damage that might occur, were they to do so.
Just as if the truck were involved in an accident, or a breakdown, the freight would need to be transferred.
 

davekc

Senior Moderator
Staff member
Fleet Owner
Its a no brainer. The load would have to be transferred or if a TT, the trailer dropped and picked up by another driver.
If it was one of our trucks, another driver would not be permitted. Doesn't matter who the customer is.
Even if it is a straight truck, I wouldn't permit another driver other than one currently driving for me.
That isn't a negotiable item.
If the customer fails to understand a simple concept, probably shouldn't be hauling their freight in the first place.
If your carrier requested this, they need to wake up. Who would assume all liability if something happened?
I think I know their answer. Try getting them to sign something, and you will then have your answer.









Davekc
owner
23 years
PantherII
EO moderator
 

ATeam

Senior Member
Retired Expediter
This is more hypothetical than real. Except as a form of entertainment, it's not a situation worth pondering. The liability issues for the carrier are sufficient to keep the carrier from making the requiest. And if a dispatcher was clueless and made the request, the owner's "NO" would stop the situation from developing further.
 

terryandrene

Veteran Expediter
Safety & Compliance
US Coast Guard
The situation is hardly hypothetical. I required hospitalization while loaded enroute and was unable to finish the load. RichM had the same thing occur while enroute loaded on the last run of his expedite career. In each instance it was necessary to transfer the load. It is not beyond the realm of possibility that our carrier would ask an owners permission to have another driver take control of the loaded truck; they have more than one representative that has so stated that position. The ball, of course, is in the owners hand and, most likely an owner would require a transfer if an on-time delivery was necessary or desired.

Under no circumstances, in my opinion, should a driver neglect his/her body to effect an on-time delivery if hospitalization was indicated, particularly with angina, or chest pain. I also belive the force majeure provisions in our lease agreement would cover this situation and hold the driver and carrier harmless for any losses to the customers.
 

RichM

Veteran Expediter
Charter Member
We ran out of hours on a run from Vancouver BC to Rochester NY. It was a customs sealed load. Fedexcc wanted us to leave the truck in Minneapolis and they would find another team to drive our truck to Rochester and when we were legal we would head east (HOW)and meet them and reclaim our truck and leave them sitting on the road..

My answer was no way,then they wanted just to find a driver and he would drive while we slept. Yeah right ,eventually we just stopped,took our mandatory breaks,continued on. The way I looked at it,our truck was our livelihood,putting a stranger in charge,NFW.
 

arkjarhead

Veteran Expediter
One timeI ran out of hours about 50 miles from delivery and the safety suit was gonna have me towed to the consignee. I saw a team from the same company at the truck stop and talked to them they both had all their hours and the guy said he would drive it to the delivery for 50 bucks. I called the safety suit and he said he would rather have it towed because that driver was just trying to make a buck. So the company ended up paying a lil over 300 bucks instead of 50. They are a big company I guess they can handle it.
 

cheri1122

Veteran Expediter
Driver
I sure hope you asked 'the suit' why, if they don't want their drivers to make any money, don't they just have EVERY load towed?
 

davekc

Senior Moderator
Staff member
Fleet Owner
It is hardly hypothetical Phil. This is far from the first time this has come up.
As in Rich's case, it is rediculous that the carrier would even consider these options. That turns into profit at any costs regardless of the driver.
The driver should never have to say "No'. The question shouldn't be asked in the first place.








Davekc
owner
23 years
PantherII
EO moderator
 

ATeam

Senior Member
Retired Expediter
I get it that illness, breakdown or running our of hours may require a load to be transferred. The same has happened to us. What seems to me to be so out of the realm of possibility (and thus hypothetical) is that a carrier would even consider putting another driver into equipment that belongs to someone else. I am amazed to learn that the request has even been made. I had heard one story about that one time but did not really believe it because the idea seems ridiculous...akin to a driver asking a dispatcher to vacate his or her house because the driver needs a place to eat, sleep and shower. As RichM said, NFW.
 

cheri1122

Veteran Expediter
Driver
While a carrier probably wouldn't make such a request, a dispatcher very well might, especially if caught up in the urgency of getting the freight delivered, when an unexpected situation develops.
And a dispatcher asking a driver to "take one for the team" is hardly a novelty, sigh.
 

ATeam

Senior Member
Retired Expediter
You said it best Cherri, " Regardless of what the customer wants, no carrier has the authority to put another driver in a truck they don't own...."
 

Jefferson3000

Expert Expediter
This is a situation that most execs and even shift managers within a dept. would never wish to enter in to. However, when you have a person, who has never supplied even a pen or pencil to do their job, sitting behind a computer screen moving around freight through owners who do, it's amazing what kind of "logic" is used.

No one's driving my truck, btw.


Drive Safe!

Jeff

Driver for 15 years
O/O for 13 years
OOIDA #829119

[em]"Let us be thankful for the fools. But for them the rest of us could not succeed." --Mark Twain[/em]
 

redytrk

Veteran Expediter
Charter Member
Two real world happenings with FDCC.

While on L/O in HRR,was asked to assist a team who were proving to be totally incompetent on a Haz-Mat load. En route dispatch asked if one of us would drive the stranded truck on to the delivery. I pointed out that it would be impossible for either of us could drive the "D" with our "C"license. A "E" unit was ultimately dispatched and one of the drivers drove the truck. So...right or wrong dispatch does ask for this to be done.

On another occasion I was hauling pharmaceuticals with a seal. I broke down,(water pump).Customer wont allow transfers. I this case dispatch had truck towed back to the shipper about 100 miles at their expense.

The point here boys and girls always have dispatch make the decisions. That's what they get the big bucks for.
 

cheri1122

Veteran Expediter
Driver
Sorry Redytrk, but I totally disagree - no dispatcher will EVER make a decision on who will drive a truck that I own, or am resposible for, while I'm able to say NFW.
I just don't trust that my best interests are at the top of their list, ya know?
 

arkjarhead

Veteran Expediter
I said safety suits as that is what I thought they were reffered to in orientation, but I think they might have been saying safety sups as in short for supervisors? Anyway they both sound the same to my ear.
 

greg334

Veteran Expediter
Well Phil, I am so surprised that you would ever say that. You know what would happen if you were hospitalized while under a load and Diane would have to be with you, they would expect you to give them the truck.

In my latest sickness, if it happened to me while I was under load, that truck would sit there until I was well enough to oversee the unloading the truck - no exceptions period. I would consider if there is a FedEx employee on site to oversee the unloading but not another contractor. The company has an obligation that if they want me to relinquish control of my property, then they are totally responsible for my truck and any damage I find – no exceptions.

In the case of Pharma loads and it is more than 200 miles away and I am sick, I would tell the company call them and send out security from the Pharma company to oversee the custody and transfer of the load, I would not have it towed for any reason if I am not with that truck for a number of reasons. If the company tells me that they would not do it, in the case of Pfizer, I would call them direct and explain the situation – this situation should have the customer involved right from the start. I know what they have for security and how they work, so they would not hesitate to travel 300 miles to make sure their property is safe.

In either case, the customer’s load does not come first, my property and safety does.
 

arkjarhead

Veteran Expediter
I heard a driver talking in the truck stop once of how he started having chest pains and sweating really bad while on a load. He said he hauld produce. He said he was about 100 miles from delivery and his dispatch told him he should be fine to deliver then he could see the doctor. When did dispatchers become doctors? Anyway that's another thread. He said he got to delivery and told the gaurd to call an ambulace just before he passed out. He had a heart attack and put freight first. It's a wonder he didn't kill himself or someone else for that matter. It doesn't matter if you have a full load of diamonds, no load is worth your health,life, or safety.
 

Streakn1

Veteran Expediter
My motive in starting this thread was based on stories that at two drivers have shared recently about how this actually happened to them. One claimed it has occurred at least three times. Without being there myself, I have no choice but to take it as hearsay.Thus I wanted to pose it on the Forum as a hypothetical.

I must say, I've been amazed at the replies thus far.
 

ATeam

Senior Member
Retired Expediter
>Well Phil, I am so surprised that you would ever say that.
>You know what would happen if you were hospitalized while
>under a load and Diane would have to be with you, they would
>expect you to give them the truck.

Not true. It happened to us once. I had to come off the road and go to an emergency room (turned out to be minor but we did not know that at the time). No one at dispatch even hinted that we give up the truck, let someone else borrow it, or otherwise relinquish it or control of it. A rescue truck was sent and the freight was transferred. Had a rescue truck not been available, any request to give up the truck would have been declined.

They can have the freight. They cannot have the truck.
 
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