Who's tab is it?

Tennesseahawk · Jul 15, 2007

Truck breaks down 100 miles from consignee at midnight. Freight can't be swapped with a truck backing up to yours as freight is too wide for a pallet jack. No reasonable place to dock swap until morning, and freight is due at 9am. Company wants you to have it towed to drop instead of the local dealership. Company says they're getting more freight from this customer and doesn't want to let them down. Local dealership from consignee is 30 miles away, so that means another tow after you drop.

Who do you think should pay for the tow to the consignee? Or would you decline to have it towed to consignee and go to the local dealership instead?

-Vampire Super Slooth Trucker!!!

D Team Brothers · Jul 15, 2007

Happened to us in Minn. this past winter - little different story. Weather was -30, nothing would run and everything frozen. We tried to get a tow - but were told maybe within the next three days! Called our company with the problem and within 15 mins. up pulls a wrecker. Terms were that we had to be towed 1st to delivery and company would pay for that tow. Then we would be towed directly to the dealership (who would have a bay ready for us) on our dime. It's great being connected to a nationwide company who gets service when needed before others - sometimes. This turned out to be a lifesaver, could stillbe sitting in Minn.

x06col · Jul 15, 2007

Depends a lot on what the agreement you have with the Company says. I can't imagine an Owner Operator expecting a Company to shoulder a responsibility if YOUR truck breaks down.

In the case you cited, was 100 miles to the delivery, and anuther 30 to a repair shop, seems to me it's 130 miles to the repair shop no matter how backdoor you run the calculator, Unless there is a stop charge by the tow truck. Am I missing something?

ATeam · Jul 15, 2007

It is interesting reading about two different towing scenarios with two different carriers. For those of us who are curious, might the authors name the carriers in question?

Tennesseahawk · Jul 15, 2007

I'll state my experience, if it helps clarify things.

Just south of Birmingham, AL, the truck broke down. My delivery was in Auburn, AL (100+ miles away). The company requested I get towed to Auburn. Since the owner of the truck wasn't available, I made the call to cover the company's butt. But since it was midnight, the dispatcher had no authority to say they'd pay for the tow. Frankly, I think she should've woken up the one who could make the call. Her response was that it could be sorted out tomorrow. Just get the freight there.

I delivered the freight in the morning and had the truck towed to the closest dealership, which was in Columbus, GA (approx 40 mi away).

Is it the o/o's responsibility to take one for the company and have it towed to the consignee at the o/o's expense? Or is it the company's responsibility to pony up and cover their own butt? Afterall, they did request the tow to the consignee, and nothing is in the contract that relates to that situation.

Personally, if I were the owner of the truck, I would've taken the hit of having the truck towed further than I had to (Auburn to Columbus vs Birmingham to Birmingham). To me, that would've been the extent of my taking one for the company.

-Vampire Super Slooth Trucker!!!

D Team Brothers · Jul 15, 2007

Hello A-Team, As you know we're with FXCC. And again this experience could have been either a disaster and very expense for us or a win - win for us and our company which it turned out to be, all because our company worked with us.

Tennesseahawk · Jul 15, 2007

Ateam... this is just a hypothetical. I don't know who will ultimately pay for the tow to the consignee. Just trying to get opinions here, for now.

-Vampire Super Slooth Trucker!!!

LDB · Jul 15, 2007

>Personally, if I were the owner of the truck, I would've
>taken the hit of having the truck towed further than I had
>to (Auburn to Columbus vs Birmingham to Birmingham). To me,
>that would've been the extent of my taking one for the
>company.
>
>-Vampire Super Slooth Trucker!!!

OK, I'm having a senior way extended moment and can't get hold of this one. It sounds like take the hit followed by not sounding like it. As to the question of the dealer being 130 away so the drop is on the way, that may or may not be. The dealer may be 70 away with the stop 100 away so it's backtracking 30. I would consider myself liable for the number of miles needed to go straight to the dealer since I'd be paying those if empty. If the company wanted more miles they would have to cover them.

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

Tennesseahawk · Jul 15, 2007

Maybe I'm not explaining it right.

When I broke down, I could've had it towed to the dealer in Birmingham, which was appox 10 miles. Instead, I had it towed from the consignee to Columbus, GA. Instead of 10 miles to a dealer when it first broke down, it was towed 40 miles to a dealer from the consignee. That's not the part I'm questioning tho, as I would be willing to eat that. My question is who should pay the tow to the consignee?

-Vampire Super Slooth Trucker!!!

NoProblem · Jul 15, 2007

If the signed contract states that said truck is bound by the contract to pick up freight - and deliver it to the consignee, then, the responsibility of delivering of the freight of course, is the truck owner. As such, the truck owner pays.

Since there is nothing in the contract about who pays the tow bill, only means the truck is to p/u and deliver regardless if the truck is towed, stowed or (preferably) driven to the consignee by the truck's driver.

As far as declining goes - that is never an option.

FWIW, one of our fleet owners' trucks lost a drive shaft $1200.00 away from the consignee. He paid us back (at a small discount)over about 4 weeks..............freight even got there on time.

Just my .02
For what itâ€™s worth
Just my humble opinion, etc. etc. etc.

Note:
My above .02 only applies to â€œregular expeditingâ€. It does not in the slightest intend to refer the â€œabove and beyondâ€ specialty or tval type services that know no spikes in the possible seasonality of load offerings due to the very special and intense nature of the extra expedient variables of those particular giant dollar loads.

Best of luck to all and be safe out there!

x06col · Jul 15, 2007

Who owns the truck? Who has the load on their truck and agreed to deliver it? Who? Maybe you and the owner should split it? Or, the consignee should spring? Or, Lawrence? Heaven forbid, not me!!

Tennesseahawk · Jul 15, 2007

And when you were running for FXCC, Col? Who would you have said should pony up then? Or when you were running for E-1, Steve?

This little inquiry has turned into quite an experiment. Companies are saying it's on the owners; owners and drivers say it's on the company.

Are you two saying your companies should bear no RISK of loss in this venture?

There is plenty of risk here for all. Having the freight delivered on time, no matter what, is unreasonable. The consignee understands there is a risk of an accident, bad weather, or act of God... or a truck breaking down. I'm not saying that I wouldn't have it delivered by going to the dealership in Birmingham. What I was saying is that there was reason to tow it there, then worry about the freight in the morning. It is up to the COMPANY to figure out logistics. For one to say "Deliver it at your cost and be on time" after they know the truck broke down, is unrealistic (depending on the circumstances).

One thing I've heard on here is that Panther, FXCC, and several other larger companies (and a few smaller ones) would have no problem having the truck towed to the consignee at their expense, if no other option was available. Obviously, these companies have more of an understanding of LOGISTICS and 'what it takes to satisfy a customer' than the ones who think it's all on the owner. Maybe it's "Do what it takes to satisfy the customer as long as it's not on the company's dime"? We, as owners and drivers have a lot of risk involved. Tell me... what is the risk of the company with this kind of stand?

BTW, Steve, did you suggest your contractor tow it, demand that he tow it, or did he offer to tow it?

-Vampire Super Slooth Trucker!!!

ATeam · Jul 15, 2007

>Hello A-Team, As you know we're with FXCC. And again this
>experience could have been either a disaster and very
>expense for us or a win - win for us and our company which
>it turned out to be, all because our company worked with us.

Oops! Sorry, D Team Brothers. I guess I should have put two and two together. I don't always pay close attention to matching screen names with real people that I have met or heard from. Sometimes months may pass between messages or meetings, and a contact here.

This thread reminds me of a time when we had a fleet owner's truck break down under load. It was a cross-country run. On our way to California, the truck broke down in Wyoming. It first appeared that a rescue truck could not be found. While Diane and I were riding in the sleeper of the tow truck and the fleet owner's truck was on the hook, on the way to the local Freightliner dealer, dispatch called and started exploring tow possibilities to California. The two guys in the front got excited when they overheard that conversation. Unfortunately for them, and fortunately for us, a rescue truck was later found and the load made it through on time.

ABlairVanRunner · Jul 16, 2007

Question, if your car breaks does your carrier have to tow it for you? If it is YOUR truck it would be YOUR bill... right? Or am I missing something?

x06col · Jul 16, 2007

So, let me get this right. You don't want big brother, (except) when..... It's starting to come to me. Situations like this are not "one size fits all" ya know. If an example, we were paying our contractors the normal 60% of gross steada 75% of gross we could easily and cheerfuly do everything for you cept drive the truck. But, as you should imagine larger rewards, get larger responsibility and risk. It's not rocket science, by any means. Sooo, there is a difference, and, there is no one cut and dried answer for any of it. But, i'm just going to suggest to all, that you get your "what if's" sorted out BEFORE they happen. Whatta ya think??

FAMILYEXPDT · Jul 16, 2007

Panther makes the owner operator pay for the recovery cost (tow) to the consignee. Having personally experienced this one time......and allegedly no exceptions....if it is towed it comes out of YOUR settlement as the owner.

-charlotte

Tennesseahawk · Jul 16, 2007

Van Driver, you're missing the point of the thread. No one said anything about a car. And if it's my truck, I wouldn't expect the carrier to pay for the tow TO THE SHOP. To the consignee? Yes, if that's what the company wants.

Family, I've heard otherwise.

Col, you got the answer I was looking for. Thanx! Know what the deal is before it happens, and know what's expected of you as a contractor.

-Vampire Super Slooth Trucker!!!

x06col · Jul 16, 2007

Well, I certainly don't have the answers for all the players we have in this business. But, I encourage everyone, to, (even if you have to force yourself) to ask the question, even, IF, you don't think you are going to like the answer.

NoProblem · Jul 16, 2007

Like the col said, every situation is unique.

First priority is always the safety of the drivers. After that, you scratch your head and figure out what to do. If the truck has to be towed, we pay to have that done initially.

As long as that truck ends up at the consignee, naturally that truck will be paid all the loaded miles. We then worry about getting reimbursed from the truck's owner.

We didn't demand anything from the owner. This guy has been around a while. When he was told about the situation, he knew the truck needed to be towed to the consignee as a part of the job and just did it.

FWIW, the above #5 post is the first I ever heard of a company paying an O/Os tow bill.

terryandrene · Jul 16, 2007

We have been towed three times, that I can recall, while loaded enroute to the consignee. Our experience has been that our carrier has paid the tow bill from the point of breakdown to the consignee. Our paid miles stopped at the point of breakdown and we received no revenue for the miles being towed. After delivering the load, we paid the tow truck driver for the tow from the consignee to the repair shop.

I can sure understand the rationale for the owner paying for all towed miles, and not expecting the carrier to foot the bill for an Independant Contractor's tow, regardless of the circumstances. However, our carrier's on-time-every-time policy allows a
budget for the occasional tow to satisfy that policy.