What is the law?

runningturttle · Apr 28, 2008

Is it against the law to use a false truck number on shipping papers and bill of lading. If so where do you find a copy of the law. Also has it bacame a law on fuel surcharge. Does the one paying for the fuel get the full fuel surcharge. Any help with legal answers to these questions will be much appreciated

greg334 · Apr 28, 2008

runningturttle said:
Is it against the law to use a false truck number on shipping papers and bill of lading. If so where do you find a copy of the law. Also has it bacame a law on fuel surcharge. Does the one paying for the fuel get the full fuel surcharge. Any help with legal answers to these questions will be much appreciated

First thing is call the OOIDA legal department. They can tell you specifcally what the laws say.

Second, falsifying a document is a crime, you get one guy who figured out that what is on the BOL is not what is on your truck, depending on what it is, you can be in a lot of trouble - example is you are hauling hazmat and you have on the bol autoparts. He looks at the BOL and see it is not your truck number, then inspects your cargo.

Three remember regardless what the carrier or your employer says, you are unlimitedly responsible for that truck, no one else. The burden is always on you.

As for the FSC, nope no law and I really think that would be a mistake if there was a law.

Tennesseahawk · Apr 28, 2008

greg334 said:
As for the FSC, nope no law and I really think that would be a mistake if there was a law.

Why would it be a mistake?

greg334 · Apr 28, 2008

Tennesseahawk said:
Why would it be a mistake?

Because the way around it is to lower the rates to the shippers, remember there are no laws that regulate rates. It was discussed on one of them XM trucker shows the other day.

The thing is it would be easier to fix the problems for all of us, not just a few.

ATeam · Apr 28, 2008

runningturttle said:
Is it against the law to use a false truck number on shipping papers and bill of lading. If so where do you find a copy of the law. Also has it bacame a law on fuel surcharge. Does the one paying for the fuel get the full fuel surcharge. Any help with legal answers to these questions will be much appreciated

I shared your question with my wife and co-driver Diane, who is also an attorney. Her response, not surprisingly, was to ask a question of her own. Why would one want to use a false truck number on shipping papers and a bill of lading? What is the intent?

Steady Eddie · Apr 28, 2008

ATeam said:
I shared your question with my wife and co-driver Diane, who is also an attorney. Her response, not surprisingly, was to ask a question of her own. Why would one want to use a false truck number on shipping papers and a bill of lading? What is the intent?

I’m not sure what the original intent to the question was. However, an unmarked expediter told me that his broker gave him a load as follows:

Load picking up in Lansing, Mi going to Louisville, Ky., one piece and it was an NLMI run. Before he left the shipper the broker called him and said he needed to load another shipment going to Spring Hill, TN. They told him that since he was already there he would be picking up the Spring Hill run and cross-dock down the road. The broker gave him the truck number to use on the BOL. After he departed the shipper, the broker called him and informed him he would be taking the load to both drop points. He got paid for all miles as two runs. Total miles from Lansing, MI to Louisville, KY, and Total miles from Lansing, MI to Spring Hill, TN. He went on to say that as long as the broker told NLMI two different numbers it was two different trucks. Slick business practices huh?

Scuba · Apr 28, 2008

as far as the fsc goes read this http://www.ooida.com/action_alerts/2008/TRUCC Act.pdf

davekc · Apr 28, 2008

Double dipping is more common than you think.

x06col · Apr 28, 2008

Ahh, dipping double? Yes. Falsifying documents? No. All I can add to this, is.... that fella you were talk'in to wuz a dumb mother.

davekc · Apr 28, 2008

I can't think of a reason one would have to falsify the documents to haul two shipments.

mstephensr · Apr 28, 2008

x06col said:
Ahh, dipping double? Yes. Falsifying documents? No. All I can add to this, is.... that fella you were talk'in to wuz a dumb mother.

Why was he a dumb mother?

x06col · Apr 28, 2008

Well, i'm convinced, the dipping double beneficiary wuz probly complaining it wuz too cold, too hot, too far, too short, too sumpin. But, the real travesty about this is, he wuz chirp'in to someone who he didn't know, who seems to wanna drop a dime on him. Amazing to me.

davekc · Apr 28, 2008

x06col said:
Well, i'm convinced, the dipping double beneficiary wuz probly complaining it wuz too cold, too hot, too far, too short, too sumpin. But, the real travesty about this is, he wuz chirp'in to someone who he didn't know, who seems to wanna drop a dime on him. Amazing to me.

Might be pretty close to the truth on that one.

CharlesD · Apr 28, 2008

How about independent people like me? I only have one vehicle, so it's not like I have a truck number for it. If people want a truck number, I just tell them 1. Would it be dishonest to double dip and put truck number 1 on one set of docs and truck 2 on the other? If it's my authority, I can number my vehicle anything I darn well please, can't I?

davekc · Apr 28, 2008

You could, but there wouldn't be a need to. I would keep it on the up and up in case you had to go through a DOT audit.

MSinger · Apr 30, 2008

Steady Eddie said:
I’m not sure what the original intent to the question was. However, an unmarked expediter told me that his broker gave him a load as follows:

Load picking up in Lansing, Mi going to Louisville, Ky., one piece and it was an NLMI run. Before he left the shipper the broker called him and said he needed to load another shipment going to Spring Hill, TN. They told him that since he was already there he would be picking up the Spring Hill run and cross-dock down the road. The broker gave him the truck number to use on the BOL. After he departed the shipper, the broker called him and informed him he would be taking the load to both drop points. He got paid for all miles as two runs. Total miles from Lansing, MI to Louisville, KY, and Total miles from Lansing, MI to Spring Hill, TN. He went on to say that as long as the broker told NLMI two different numbers it was two different trucks. Slick business practices huh?

My former carrier who is now out of business used to do this frequently on NLM runs. It was really the only way you could make any money on that cheap freight and that was in the days before the "spot bid" was introduced. I really don't see a problem with it as long as the protect times on both loads were met.

Steady Eddie · Apr 30, 2008

MSinger said:
My former carrier who is now out of business used to do this frequently on NLM runs. It was really the only way you could make any money on that cheap freight and that was in the days before the "spot bid" was introduced. I really don't see a problem with it as long as the protect times on both loads were met.

Good for the driver but it is fraud to NLM. Fase truck number.