When to draw a line?

[Streakn1]

We were recently dispatched on a run that at the time we accepted the load we were not aware of the following:

1. The drivers are required to wait in the driver's lounge while the shipper loads,pads,straps the freight,and closes the box doors and seals it prior the drivers being allowed back to thier truck.
2. The drivers have no say on how the freight is loaded for proper weight distribution in thier truck.
3. The drivers are required to allow the shipper to use and operated thier lifegate since the drivers are not allowed to be present during loading (no dock at shipper).
4. The drivers are not allowed to sit in thier cab and monitor the loading on thier onboard camera system if so equiped.

Now you're probably thinking at this point,this must have been a security load. It was not. And what about the recieving end of the load? No restrictions there other than the drivers are not to touch the freight, the receiver is to unload. Ok, why the restrictions at one end and not the other? Also, why would the company involved which has many locations that produce the same item and then ship it, not have the same rules as the one we were dispatched to? We've serviced some of thier other locations.

Once the load info came in and we became aware of the above rules, as the owners of our truck we immediately were unwilling to agree to allow this customer to load us. Afterall, there are liabilty and potentual damage issues involved here. We would have been willing as long as we operated our lifegate and could observe the placement and securement of the freight. That was an absolute "NO". The rate of pay for this load was not enough to cause us to consider allowing this and I doubt any amount would be.

So, as the owner of your truck, where do you draw the line on what the shipper does with your truck?

 

[RichM]

I have had that experience and did the same thing you did. It's your vehicle and your lives that could be put in danger due to these restrictions. You did the right thing.

 

[davekc]

Not even a discussable item. If the truck is loaded in error, there are numerous damage and safety issues involved. I have seen this done on TT's and one place put the entire weight of the load on one side. Yep, you guessed it. Five miles from the location,the guy flipped the truck.
If the customer is using your liftgate, who pays if they break it? Or, worse yet, the customers employee hurts himself while using your liftgate?
You made the right call. Way too much exposure. Same thing with a employee authorized or not, riding in the truck. Way to much exposure if something went wrong. A rider policy covers very little, and in the event of an accident, quess who is next in line to be sued?
Basically the reason we never did art loads back in the day.
Those policies may have changed by now, but it may be worth looking at. Never assume too much.











Davekc
owner
22 years
PantherII
EO moderator

 

[layoutshooter]

I have run into this with loads before, all from the same shipper. From now on I don't unlock my role up door before I back into the dock. This forces them to allow me into the warehouse to unlock it since I won't give them my key. Then I just stay back the and insure the the load is on the truck properly and then I secure it. It slows them up and they get mad at me, but tough cookies. Once that load is on my truck I am responsible for it, and the safety of my truck. Not the shipper. If they don't like it, I will leave. We should all be doing that. Even if it a security type load. If you have the clearence to carry you have it to load it as well. Layoutshooter

 

[LDB]

I plan to have my attorney compose a form along the lines of:

I ____, as a representative of ____ company, on behalf of myself and my company do accept full liability for both the truck belonging to Leo Bricker and the cargo being loaded into it. Should any damage occur during the loading or unloading of the truck or in transit to the consignee all damages, repairs, lost revenues and all other associated expenses and losses incurred will be shared equally by myself, ____, and my company ____.

The blanks will be much larger so full names can be entered. I doubt it would hold up in court but I only need it to cause the dock person to decide it's better to let me supervise. When I had a roll up door I always kept it locked until after I bumped the dock and would not give up my keys either.

Leo Bricker, 73's K5LDB, OOIDA Life Member 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.

 

[Mudflap]

Would have failed my test on #1 and #3. Shippers or consignees are not allowed to operate my truck or any part of it. All loads that are shipper load and count or are sealed are subject to my visual inspection prior to my dock departure. NO EXCEPTIONS, REGARDLESS WHO THE CUSTOMER IS WHEN IT IS MY LIFE AND EQUIPMENT AT STAKE. Learn it- Live it! YOU are the business owner, and can have your own set of rules too. Mudfalp

 

[greg334]

Leo,
Regaurdless what you have them sign, you are still liable for the truck, the operation of the truck and how it is loaded.

I for one was really uneasy the other day dropping off where I could not be at the truck while it was unloaded. I could watch through a window but that was it. The load after that I was permitted (more or less) to be at the truck but I see why in that case it was a food processing plant and you went through a 'cleaning' room first to get the crude off your shoes.

 

[Paul56]

>We were recently dispatched on a run that at the time we
>accepted the load we were not aware of the following:
>
>1. The drivers are required to wait in the driver's lounge
>while the shipper loads,pads,straps the freight,and closes
>the box doors and seals it prior the drivers being allowed
>back to thier truck.
>2. The drivers have no say on how the freight is loaded for
>proper weight distribution in thier truck.
>3. The drivers are required to allow the shipper to use and
>operated thier lifegate since the drivers are not allowed to
>be present during loading (no dock at shipper).
>4. The drivers are not allowed to sit in thier cab and
>monitor the loading on thier onboard camera system if so
>equiped.
>
>Now you're probably thinking at this point,this must have
>been a security load. It was not. And what about the
>recieving end of the load? No restrictions there other than
>the drivers are not to touch the freight, the receiver is to
>unload. Ok, why the restrictions at one end and not the
>other? Also, why would the company involved which has many
>locations that produce the same item and then ship it, not
>have the same rules as the one we were dispatched to? We've
>serviced some of thier other locations.
>
>Once the load info came in and we became aware of the above
>rules, as the owners of our truck we immediately were
>unwilling to agree to allow this customer to load us.
>Afterall, there are liabilty and potentual damage issues
>involved here. We would have been willing as long as we
>operated our lifegate and could observe the placement and
>securement of the freight. That was an absolute "NO". The
>rate of pay for this load was not enough to cause us to
>consider allowing this and I doubt any amount would be.
>
>So, as the owner of your truck, where do you draw the line
>on what the shipper does with your truck?


We don't accept conditions such as described above.

We own the truck and are responsible for the freight enroute.

You want to put it on our truck... then we reserve the rights to monitoring all operations involving our truck, the operation of the truck itself and all associated equipment, and to know exactly what the freight is.

Anyone who tries to slip something onboard that we don't know about, that is their last load with us.

I'm sure we've all seen loading nightmares... last one I saw was a 53' dry van loaded with skids of ceramic tile straight down the middle from head to tail. Try balancing the axles loaded like that.

 

[RobA]

Don't Forget the Border RE: When to draw a line?

That shipper doesn't know very much about transportation and who is responsible for what.
The carrier and driver are responsible to have a general knowlege about what is on the truck when crossing the border.
Shipper Load, Count and Seal loads should never be accepted unless the driver has given a visual inspection to ensure that the paperwork matches the load.
In this case; how could you be sure there was no contraband loaded on that truck?
That system is wrong.
Any driver who agrees to their demands is foolish.

 

[chuckwagon]

First, as you said, you have your liability to consider and I can understand and support that. Beside the fact, if they do not load the truck the way you would want it loaded to safely transport the product and YOURSELF then I can understand refusing the load as well.

On their end, I am sure they have their liability they watch as well, and are following the rules laid out by the insurance carrier. Also, if you were in a union shop, well, that could be the rule laid down by the union through the company and the company is left with no option in that regard.

My own personal rule is - they can load it, they can secure it, I don't even have to watch them. But, I don't move it unless I get the final inspection of the back of MY truck - period!

Always ask dispatch if they know of any such restrictions and if they do not I make sure that the people loading understand what I have to do.

 

[jaminjim]

I might take the load if I delivered a load way out west and needed one way back east. I said might.

 

[LDB]

>Leo,
>Regaurdless what you have them sign, you are still liable
>for the truck, the operation of the truck and how it is
>loaded.

I know that. I just want to bluff them into letting me decide how to load it and secure it if I find myself in that situation.

Leo Bricker, 73's K5LDB, OOIDA Life Member 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.

 

[geo]

i had one of those loads ones while i was with fedexcc, they told me i could not go on the dock at all i ask them how are they going to load my truck as i have equip to move out of the way and i am the only one that know's how to move it it around , had load lock's that had drilled holes in and had bolt and nut in place so they would not jump out of place, and i was going to secure the load my way, and there were going to be no nails in the floor

and we talked abit and when i walk out and said i was leaving if they wouldn't let me be on the dock to load or unload, they change there mind, also pulled out the green book and shown them that driver will supervise the loading and unloading of the truck
not very many people have ever drived one of the truck's

when i drove dump truck for lewis county high way dept, the loader
put the load on right side , he said you are loaded and live with it
i pull up and dump 10 yard's of stone in loading area and got out of the truck and said now load it right, and he started down from the loader and told him get back in front end loader and load it right
or l would beat him with the 2 by 4 i had in my hand
never had anymore problems with him loading the truck
that was when i was young and crazy and wild, wouldn't do that today
as might get lock up

 

[ATeam]

It sounds like you have a lot of support for your decision, Streakn1. Diane and I would have done the same as you did. It may mean being charged with a service failure or being written up in whatever records your carrier keeps on such things, but so be it. My next step would be to call my carrier and find out exactly what went on record regarding the request to be taken off the load. I would take it a step further and get into the record a statement explaining exactly why the request was made and I would word my statement as much as possible to say you were acting in the best interests of not only yourself, but of your carrier, shipper and consignee too.

layoutshooter said, "From now on I don't unlock my role up door before I back into the dock. This forces them to allow me into the warehouse to unlock it since I won't give them my key."

While not directly related to the situation Streakn1 presented, that is a strong point in favor of roll-up (overhead) doors on a truck. A roll-up door provides the driver with more control over his or her truck and equipment than swing doors do. Like layoutshooter, we do not unlock our roll-up door until one of us is standing on the dock with the shipper.

It is very, very rare for us to have problems with shippers at docks. There was this one time, though, that I would have done things differently, knowing what I know now. It was a wild-man fork lift driver who would not heed my request and then firm order to slow down and be more careful. By the time a supervisor could have been called to the scene, the load would have been loaded, which it was. If something like that happens again, I'd simply close and lock the roll-up door and then pull the truck a few feet forward from the dock, and then get a supervisor on scene. At the time, the truck we drove was equipped with swing doors so closing the door was not an option. Pulling the truck ahead was, but this wild-man would not have stopped while I walked around to the cab. Roll-up doors are THE way to go when it comes to protecting your self, your truck, your carrier, shipper and consignee.