Waiting time

Not always ... in many places now the driver is not allowed on the dock. Shippers think it is a WSIB or OSHA violation, which it is not. The upside is, if the driver is not allowed on the dock, he/she can't be responsible for count or condition.
 
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Yes, that is correct and does lead to other interesting situations. So if this a case where the driver is not allowed near his trailer while being loaded then they should be compensated. But if the driver is there when loading then both sides hv a legitimate position and then it comes down to a relationship with the customer and what is fair.
 
oh by the way..watch what happens if the driver does not sign the he was not allow on the dock to verify the pieces and count. There are my claims Managers today pulling out their hair because of this.
 
Simple two-word reply when shippers insist on claiming you when your driver was not allowed on the dock ... "Sue me.".
If your driver's are not allowed on the dock then they should sign the bill of lading like this;

SL&C
September 23, 2014.
Joe Driver (printed)
Joe Driver (signature)
 
Lenaa said:
Sorry to be the only stick in the mud here but you said that the wait time was caused because the load was loaded incorrectly. I hv to ask where was the driver when his trailer was loaded?. Is it not the ultimate responsibility of the driver to ensure the load is correctly loaded?
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The truck was not loaded incorrectly. The load was "configured" wrong. They had it sitting in the yard - the way they thought it should be loaded. If it weren't for the experienced driver, they would have loaded it and it would have slipped and slid all over the place - and probably ended up all over the highway.
 
Well SL&C is the correct way but is not always noted. As for the PDF file how can I tell u have worked in the food business?
 
We are in the middle of fighting something similar. Our driver was not allowed on the dock while loading. Shipper did not allow him to sign SL&C. Instead, he had to sign that he was given every oppurtunity to count and inspect the load. Driver picked up from this location many times before with no issues. So he decided to sign.

Trailer was sealed and receiver broke the seal. Guess what, at receiving end 22 cases were short for one product and they put the claim for $2512 USD. Freight broker agent agrees with us but his claim department is saying the shipper deducted their money so they did ours. When I went over the papers I noticed it also showed 11 cases over for another product. Funny part is I am demanding the broker and shipper pay me for 11 cases over or accept that it is the shipper's fault counting the freight.

My question to all you folks is how to handle a situation like this?
 
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bigt said:
We are in the middle of fighting something similar. Our driver was not allowed on the dock while loading. Shipper did not allow him to sign SL&C. Instead, he had to sign that he was given every oppurtunity to count and inspect the load. Driver picked up from this location many times before with no issues. So he decided to sign.
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Why would your driver ever sign for something he could not inspect? Regardless if he had been there before - is this the shipper's practice at this particular place - not letting the driver inspect? If so - there is something definitely wrong with that. He should have called dispatch immediately advising what he was being asked to do...basically...state a 'false truth' on a legal document. Especially on a sealed load - crazy....

You're going to have to chalk this one up to experience here I'm afraid. Unless they want their overage of product back to 'swap' for not filing a claim. But then again - if a shipper handles their business in this manner - do you really want to continue a relationship here?
 
I've got one or two recent requests for much smaller damages on sealed shipments. Our question to the customer is: "If the neither driver nor anyone at the carrier had direct access to the goods as the trailer was sealed by your shipper and unsealed by the consignee, how can they be liable for damage caused allegedly in transit?"

Of course, if there is obvious damage to the trailer that could have cause water to enter, etc... then we have another story.

More importantly, the laws in Canada clearly state that any request for claim (damages, short, etc.) must be accompanied by a paid freight invoice (meaning short paying is not satisfactory).

Just my two cents (frequently worth three)

Mike
 
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AccountsReceivable@DRC said:
Why would your driver ever sign for something he could not inspect? Regardless if he had been there before - is this the shipper's practice at this particular place - not letting the driver inspect? If so - there is something definitely wrong with that. He should have called dispatch immediately advising what he was being asked to do...basically...state a 'false truth' on a legal document. Especially on a sealed load - crazy....
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Unfortunately that is the trend in this C-TPAT driven industry. Drivers are forced to stay in their truck and wait for the green light or stay in a cage and just wait for paperwork. Paperwork is driven by ERP systems that describe the freight by the case or box or even number of pieces. There is no negotiation. The driver just has to sign that document because he doesn't have the skills or ability to negotiate with a shipper who is just told to drive the fork truck. Then at the receiver he is given a piece of paper and told to leave. Any question of any sort is just a waste of time.

All we do is not work for the people who submit a claim like this. We deny the claim. Let them deal with our insurance company. It may be a 'legal' document but everything can be fought in court.
 
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Mike,

Where can I find that information regards to laws in Canada (damages, shortages)? Maybe I can use that information if needed. This shipment was from USA to Canada.

Does it still comes under only Canadian law?
 
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bigt said:
... Does it still comes under only Canadian law?
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No, it does not fall under Canadian law ... it is subject to the U.S. Carmack Amendment. Learn both the Canadian and U.S. rules and figure out which serves you better, then try and mitigate the loss under those rules. It will probably work if the claimant doesn't know the law.
Things to look out for overall ...
1) Do not ever, ever, ever, ever, ever (ad infinitum), tell the claimant how to process a claim. It is their responsibility to know. Ignorance of the law is no excuse.
(My response when I get a call telling me I'm being claimed is simply "Thank you for the heads up. Please follow the correct procedures. END OF CONVERSATION.)
2) The claimant must file an "Intent to claim" with you in writing, and there is a time limit on that ... 9 months I believe.
3) You are not obligated to settle any claim until you have been paid in full for your transportation services. Send only one correct and complete invoice and do not pester their A/P to pay it until you are well past the 9 month time limit.
4) Do not allow the claimant to deduct from your transportation invoice. That is a separate transaction. Contra-charging an account is illegal. If they do, you can either;
a) Sue them for the difference, and you will win, or
b) Have them criminally charged ... they stole your money.
5) If you manage to get the claimant to mitigate under Canadian law, you are only obligated to pay manufactured cost. Make sure you have the costing documents before you settle.
6) Under Carmack you have to pay invoice cost, but make sure the receiver mitigated the loss on your behalf, and deducted that from the claim, or you don't have to pay anything. (Receiver is important to this part of the transaction).

There are a myriad of tactics to use to get out of a claim. Bedbug haulers and railroads know every one of them. It would pay you in spades to know everything there is to know about the claims process as well. Typically the process can be made so onerous the claimant will usually give up, unless of course the claim is for a huge amount.
Luckily for you, you have 11 cases of over-shipped. You do still have those cases in storage, and you are charging for that storage, and you did issue an invoice for returning those goods, correct ???
 
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Oh for sure the bill of lading is king. Which does bring up another point ... a number of shippers ship only using a packing slip. A packing slip is not a bill of lading. Without a bill of lading, there is no contract of carriage, and without a contract of carriage ... there is no claim ... period!!!
The downside of that argument is that you run the risk of not getting paid either, but that could be a small price to pay if you have a $10,000.00 claim on a $600.00 load.

For anyone interested, do a Google search on Freight Claims in Plain English 4th Edition by George Carl Pezold and William J. Augello . Well worth the price of admission.
 
Luckily for you, you have 11 cases of over-shipped. You do still have those cases in storage, and you are charging for that storage, and you did issue an invoice for returning those goods, correct???

Michael,
No, we don't have the 11 boxes. It was mentioned on the bill of lading by receiver.f
 
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Too bad. Could have given you a little leverage. Below is a little something I have to issue my drivers every now and again;

RE: Proofs of Delivery, Bills of Lading and Delivery Receipts

Recently, there have been a rash of incidents where we have not received either a proof of delivery, signed bill of lading, or delivery receipt. Each of you must, upon delivery of your freight, extract from the receiver a signed proof of delivery, a signed bill of lading, or a signed delivery receipt. No exceptions, no excuses.

In a nutshell, what happens when you pick up a load and sign for it, is you are stating on a legal document that you are accepting personal responsibility and control of the freight now in your trailer. There is no way around this. This is how the system is designed to work, and it works well.

When you deliver the cargo to the receiver, by getting his or her signature on the shipping documents signifying that they have received the product, you are passing responsibility onto that person and relieving yourself of any further involvement.
Without that signature passing on responsibility, you remain as the last known person to have possession of the freight, yet the freight is no longer in your trailer. You are now financially responsible for a load for which you no longer have neither possession nor control.

In the past, as a company, we have diverged from the industry standard and have always taken the view that these sorts of things may happen as people can, and do, occasionally make mistakes. The problem is that there are becoming more and more of these mistakes, and as a company, we can no longer afford the financial burden of these mistakes. As a result, responsibility for cargo will now lie solely with you, the driver.

Below is a brief list of actions you should take to properly transition the responsibility of the cargo:
1) In the first place be sure you are in possession of a properly executed bill of lading when you pick up the load. If the shipper does not give you one, make one out ... at the shippers, not 10 miles down the road. Make sure the shipper signs it. Make sure you follow the distribution of copies indicated on the bill of lading.
2) Upon delivery have the receiver indicate on the bill of lading the number of pieces received, the date, their name printed, and their signature.
3) Never leave an original customs stamped copy of anything with a receiver. Those fines start at $250,000.00
4) Do not leave rejected cargo with the receiver. That is exactly the same as going to Walmart, paying for a new TV, and telling the cashier to go ahead and take it home.
4) Because this bears repeating - Do not leave rejected cargo with the receiver. That is exactly the same as going to Walmart, paying for a new TV, and telling the cashier to go ahead and take it home.
5) Never leave the dock until you are completely satisfied with your delivery, and are absolutely certain you are in possession of all the properly signed documents. Once you have left the dock, you have no further recourse.
6) When in doubt, call me, any day, any time.
 
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