What determines the end carrier?

Henry

Active Member
Apr 2, 2017
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#1
I hired a carrier to transport a shipment of frozen foods last month. Yesterday, i was contacted by the carriers owner operator. He advised me that he had not been paid for 2 months by the carrier, and had not been paid for my shipment. I advised him i had already made payment to the carrier.
He says he is the end carrier , and is a sub contractor of the carrier. He uses the carriers licenses. it was his position that the carrier i hired double brokered the shipment to him and he can collect from my client if i don't pay him. Any opinions? I can't afford to make a double payment
 

Henry

Active Member
Apr 2, 2017
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#4
My company is noted on the BOL. In this case though, i am acting as a broker for my produce customer.
 

Henry

Active Member
Apr 2, 2017
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#5
The owner operator is telling me since he is contracted with the carrier,(i hired) he is the end carrier, and not the carrier i hired.
 

loaders

Site Supporter
Feb 26, 2008
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#9
It is always better to have the carrier's name noted on the Bill of Lading, or have the carrier prepare his own Bill of Lading in addition to the one supplied by the shipper. As any of the para-legals on this site will tell you, a properly completed Bill of Lading is of utmost importance when this type of situation comes before the courts. As the contract of carriage, the courts will use the information the B/L provides to unravel the details of who is responsible for what and to whom. Henry, if your company name appears on the B/L as the carrier, what type of documentation does this owner-operator have to prove his claim?
 

KeyFactor

Active Member
May 3, 2011
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#10
I'm no lawyer, but if Mr. O/O is not party to the carrier confirmation or BoL, why do they think they have any legal standing at all? @Scamchaser would likely have some insight here.
 

PackRat

Site Supporter
May 26, 2008
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#11
It sounds to me like the driver is trying to put pressure on the carrier (through his threats to the customer) to get paid. I don't think he has a HTA/BOL issue....I think he has a labour board complaint for non payment. But that's my nickel and a half... :)
 
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whatiship

Well-Known Member
Feb 6, 2008
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#15
Kudo's to the o/o for trying top get his money but his definition of being the end carrier is not going to hold up anymore than a company driver who didn't get paid. I wish him luck but think he is acting out of desperation and some bad advice from a truck stop lawyer or something he googled looking for recourse.
 
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Henry

Active Member
Apr 2, 2017
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#16
I spoke to a Burlington Transportation attorney yesterday .

He advised me that if an Owner Operator delivers the shipment , and under his own authorities, he is the end carrier.
If the Owner operators fall under another carriers authorities, then that carrier is the end carrier.

I am awaiting another opinion from a factoring company who messaged me.

Thank you all commentators.
 
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KeyFactor

Active Member
May 3, 2011
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#17
That sounds right to me, @Henry. Even though I am a factor, I would tend to rely more on the opinion of an attorney....they're the experts in all things legal. The opinion they gave you sounds logical and correct, but at the risk of exposing my ignorance, isn't an O/O that has his own authorities a carrier?
 
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Henry

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Apr 2, 2017
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#18
I think that is exactly what he explained to me. So you agree with the attorney, as long as the Owner Operator was not using the other carriers authorities.
 
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Henry

Active Member
Apr 2, 2017
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#20
I received another message from a factoring company . They are telling me also that the end carrier is whoevers authorities were used last. So even if an owner operators has a contract with a carrier, if he uses his own authorities, he is the end carrier. I think this is what i am being told FYI