So, You're Going To Hold A Load 'Hostage' For Payment? (+ A Story!)
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- čas přidán 27. 06. 2024
- So, You're Thinking About Holding a Load Hostage For Payment? In this video, Dave talks about the ramifications of holding a load hostage in the trucking industry.
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#trucking #cdl #trucker - Zábava
Hello there Driver. so glad you were able to take the time to watch today's video. What are your experiences with 'load' hostage situations? How did it unfold? Good or bad? We'd like to hear your experiences.
Dave, I never known of any drivers holding a load hostage for such a matter BUT this video reminds me of something that happened close to home here back early to mid 90s. There were these 2 brothers long time drivers started a company and built it up. By 95 they had 20 some odd trucks running coast to coast with dry box, refer, and flatbed freight. Then they lost a few customers, and had a few other troubles hit them. Long and short of it was paydays started coming up short for drivers then some drivers would have to wait 2 or 3 weeks for payment. 2 drivers took matters into their own hands when they started “hiding trucks” until they got paid. One of the guys got his pay, turned over truck and trailer and went on to another driving job. The other guy, while “hiding his truck”, called a broker, got a load on his own and was stopped on the road because owner reported truck as stolen. Driver was charged with GTA for a 92 Kenworth and 90 48 foot refrigerated trailer. He served 30 months in state prison and ended his driving career
Wow. That's a lesson right there. And that's exactly my point. Some drivers may 'think' they are doing the right thing to get their money but the law doesn't look at it that way. No one wants to do prison time over 'any' amount of money. Thanks for the post. 👍
Alls fair in trucking
What about when they put a load on your trailer on Monday and with your full 11 hours you can be at the receiver the next day but they won’t unload you till Friday. There’s a truck , trailer and driver being held hostage unless the driver can take it to a terminal or drop yard and get another trailer
And to add to that.. it is a FEDERAL CRIME to impede, restrict, or interfere with Interstate Commerce of any kind. Forget the local LEO, If that BOL is interstate... its FEDERAL!
This is EXACTLY why any attack on a Trucker, engaged in interstate commerce, (doing his job) should ALSO be a FEDERAL CRIME, but it's not!
I guess in the eyes of the Feds, the load and freedom of commerce is more important than the driver!
If you sue in court, your suing for damages and the cost of your lawyer, if you win, they pay your legal fees.
I’m a local driver for over 3 years already. Always been listening to Dave, starting from Trucking school. Thank you Smart Trucking.
Just roll into a bad part of town.
Stop for lunch, oh some how your trailer doors are left opened.....
When you came back, your trailer was empty.....
Darn it, better call the cops.
Yeah I’m betting their lawyer will see through that. Why did you have to stop there? Oh, you were broke down? Why did you have to go through that part of town, specifically? Be ready to answer these questions in a timely manner and hope they’re believable.
I used to work at a furniture factory that used to bounce paychecks, got the forklifts reposessed, etc. Loads got brought right back to the supplier every other month. They required a cashiers check.
I filed a claim on the brokers bond after getting the run around/non payment for 90 days….check was in my hand within 5 business days!
How do you go about doing that
Load is on my trailer, in my yard, behind a locked gate, Trailer needs repairs to be legal, and I'm working really hard to try and fix it, this might take a while.
Hope you have the paperwork to prove that in court…
When he says "these days", remember that "these days" have been going on since deregulation took over the trucking industry-probably long before many drivers on the roads today were born.
It's nothing new, getting jacked around by brokers and dispatch, even holding loads in leiu of payment was going on long ago. Just remember that with the tools available to drivers today, it's easier than ever to check references and ratings, so like the famous ad says: Just Do It!
All truck brokers are required to have a $10k bond by a bond company in order to hold legal authority to broker loads. That information is available via FMCSA. File a claim for non payment with the bonding company and see how fast they pay you. If the bonding company pulls their bond. They lose their broker authority . I had to do this several times in my career and it worked every time.
Set up a roadside stand and start selling produce off the trailer. Old guys did when the reefer went down it was done.
Two wrongs NEVER make a right.Two negatives will only make a positive in mathematics.
Or a greater negative number
Like he said, it’s a dog eats dog business now. Welcome to late stage capitalism.
Cool story 😎. But I believe in being even. You stiff me then I'll stiff you. No in-between.
There’s a lot of truth in your video however as an independent you’re further ahead with using a good factoring company with a no recourse agreement. They have great tools to help combat getting stiffed. I just recently had a marine veteran business owner in Ohio try to stiff me for $1,500 however by educating myself and educating him on the interstate commerce clause he quickly discovered that I don’t have to go through Ohio to sue him and that I had legal right to attach to his military pension as well as he would lose his military contract. Always be diligent and do everything via email so you have a paper trail and as far as brokers you can always file against their bond and that will get their attention immediately. Never hold a load always make delivery
Using email to leave a paper trail is great advice.
Never, ever buy into truck leasing! Ask yourself... If it is so profitable, why aren't the companies holding onto the trucks, hiring someone to drive it and raking in all the profits?? They put the responsibilities of the truck on you so you can go down the road with your head held high thinking that you have been elevated to the higher glorious plateu known as O/O. When you are broke, guess who holds onto the truck?? Very bad idea!
Used to be if you didn’t leave the state where the load originated you were good! Better yet….camp out on the shipper’s property with the load until you get paid!
The key is have enough finances to cover any disputes. Most don’t have that, they’re running on empty.
smart trucking is the best channel on youtube. you all are the best and have probably saved so many lives.
also as an independent carrier you can file a claim on a brokers bond insurance policy if they refuse to pay. Had to do it several times before got paid every time
Only problem is that if too many drivers and owner operators walk away from taking a broker or shipper or a carrier to court because theyd lose money in the end it sends the message to brokers shippers and carriers that they dont have to pay and they can continue to stiff others
As a new driver in the late 70’s I worked for some real shady people. I was paid percentage most of those years and I could never get an honest answer about the rate so I could figure out my cut. I know now how much I was getting ripped but at the time, these jobs were the best I could do. Back then, companies wanted at least 5 years experience! Now it’s “can you hold on to this steering wheel? Ok you’re hired!” At 67 and retired I no longer have to play these silly, illegal games with those idiots! Keep the shiny side up brother!
Great comments. Go the best route.
Old friend of mine tried holding a load hostage. Didn't work out well for him. Got his lease canceled in Vegas. They took his trailer from him. Company trl. He lives in Tn... long bobtail trip home. No money no trl. No lease...
His big mouth got him in way too much trouble
I'm sure it was a blessing in disguise because he didn't have to deal with the stress anymore!
Fantastic!
Disconnect the GPS/dashcams, any form of tracking then relocate the equipment
One of the most difficult things about being a driver recruiter is hearing the many stories of drivers getting screwed over. You guys deserve so much better.
Good advice here. I'm just sorry it has to be said.
Wow- I gotta say thank you dave - just the other day I was at jfk airport in new york of course and I heard these 2 driver's that were talking about some brokers that weren't paying them at all and having to find them and kick their ass to get paid!!!! Unbelievable what is happening out here thank you again dave- BTW I'm 70 years old and have been driving for 45 years 😀 - we have both seen the deterioration of the industry as a whole- the fmcsa is more focused on hours of service and a bunch of other non sense- every one should just be able to sleep- when they are tired and not have to worry about some SOB - that's gonna rob them - its becoming an ABYSMAL world - unfortunately but thank you dave- God bless you and your family
The dump truck industry when I was one was the same, dog eat dog, see who would work for less and then hire them to work for the company. Bel, Southwest, and other companies who exploited the number of trucks against the number of jobs. More trucks = less pay/hour, not always but too frequently for me.
In any business it's best to be careful who you're associating with and always be suspicious of things that sound to good to be true. Sometimes crooks offer better than normal rates to get carriers to overlook their reputation, this is because it doesn't matter what they offer to pay if they have no intention of paying they'll just throw any crazy number at you to get your excitement to override your better judgement. Be careful of this.
I had that issue a while back it took a few Federal Motor Carrier complaints to the Company and finally got my money 💴
The way YT's Trucking Resourses and YT's Trucking Answers talk about the FMCSA, that assoc is usless to deal with. They are for the carrier, not the trucker.
Im in the Intermodal side. I get paid by the hr. Ive gotten to the customer sometimes they cant take it. Ill call my boss who calls whoever then theyll have me drop the load and bobtail or bring the load back to the yard for redelivery.
Actually unless things have changed, as long as the load is on the truckers trailer, it’s the truckers property until the customer takes it off to claim it so legally a trucker can hold it hostage and there’s nothing the customer can do about it
If we can simply trick some trucker into holing it hostage......... then ....... afterwards we will block our phone number and make a claim on his insurance. You see? Background checks and credit application approvals before any freight gets loaded on your truck.
I run local now, trash transfer. I don't want to hang on to the load! Lol
Damn, somebody stole my trailer! Where's the nearest flea market.
I had a broker load that did not pay on time. So I filled a claim against his Insurance. The broker cannot book anymore loads until the claim is settled.
Man that’s crazy… 2 years!
It’s a shame if there’s really no way out. I do feel we should have rights under some circumstances to do that. Like when’s broker lies about the delivery date to reefer drivers and uses them as a personal refrigerator over the weekend.
Sure thing. Lesson learned, they’ll make it up to you on the next load. Ever hear that one?
There hoping that the cost of litigation is higher than the actual load pays,SICK,the government can make this right but obviously they don't care, I believe that companies should be able to hold loads until payments are made,if this were legal There would be no more problems, after a certain amount of time has passed the company should be able to sell the load to anyone to get there money back (NO PROBLEM ANY MORE)?????????????
It. Would also be theft of services as well !
Well, the problem with that is it a wreck your career to and if it’s a way to to provide for your family you don’t want that either
If the broker/carrier stiffed you, deliver any freight your hauling for them and walk away. Don't do business with them in the future. Better to lose a few thousand than to have holding a load hostage on your "Freight Guard" report.
If you're a company driver that didn't get paid, file a wage claim in your home state and change employers.
Is it held hostage if the shipper and broker signed their name on the dotted line stating the carrier may not be required to make delivery if payment was not received?
You can't because you're cargo say Walmart they can file charges
I need a lawyer right now. Any recommendations on how to find one?
So what is your legal advice on block seven when it says collect..
"discrestion is the better part of valor" --- unknown
Facts
Don't work for first fleet inc specifically Ian noddin hope Mills nc
Ok say you did get screwed and you have a contract with the company ok to void out the contract and never speak to them again? without telling them?
It’s not your stuff. You’re paid to move freight… you’re not buying the freight.
whats up with these plastic trucks catching fire saw 4 this week cabs a burning.wasnt trailers they where not burning at first
Don't hold the load hostage tell them it's in transit
pre paid legal
Well then truckers can consider "Not Paid Check" a theft.. they are stealing service... But what I would do I would send them to hell when they ask when I go out to drive again...
Let's just say I own my own authority/trucking company.
If I took a job or contract saying that I am going to be paid blank amount of money to deliver the load.
When you get to the receiver and found out that they (or whomever it is) is refusing to pay up or short change you.
You have the right to keep the load as a form of payment.
What they did is not leg@l. They stole time and money from you.
It is "Wage Theft".
Can the receiver call law enforcement on you?
Yes.
The receiver would be in big trouble for making a "False Police Report".
Assuming that the law enforcement is not corrupt, knows the laws, and willing to do their job.
Let's just say you do get arrested.
That is fine.
Why?
You are going to receive a gaint payday from the law enforcement for a "False Arrest".
Lol okay buddy
If all trucking was union company was union you wouldn’t have to worry about getting paid
I would put that much hope in any union. Not to mention you’ll pay more in dues then what their potential or worth can deliver
Living in a CONSTITUTIONAL REPUBLIC you know what I'm about to say is covered by the UNITED STATES CONSTITUTION: The Supreme Law of the Land !!
What happened to the Fuel Surcharge ? It's still on the Law Books !!