Say Big....you do almost all own shipper loads...ummm rght?
Could really use some advice on this detention thing cuz it loses me :-p
I mean....all the brokers...in their damn long 10 page agreements, basicly try to get me to sign away all those rights in advance....I keep expecting to see a clause next that says if they murder me they are not to be held liable :-p
And not to be ripping at you, but how are you going to collect it?......I mean are you really planning to haul them into small claims court for say 150 detention pay?.....cuz my exp. is they gona give me the middle finger when I try to collect it?

 

Steve, It's in the first post of your thread at the top of the forum.

 

Oh yea, thanks.

 

Yeah I dunno....kinda cant see the point in having it unless I can fiqure out some way of collecting it.
I mean....my exp is there is going to be some disagreement about it....then the only recourse is the court system, and I dont think its a fight Im going to come out ahead on?
I mean sure....Ill win the say 100 bucks detention fee in the end, but was it really worth my long drawn out fight, time, and resources?
The best advice I got from a lawyer once was, 'choose your fights carefully.'.....in other words I dont go into court just for the satisfaction of knowing I WAS leggaly in the right and just to make a point and gain satisfaction.

 

Yeah, Big D, we pull reefer too 8)

Pepe, that's really the heart of the matter. If you're not willing to follow through then there's no point in bringing up the matter in the first place. That's precisely why many brokers will try to screw you out of detention. They know the majority of O/O's can't afford to take the time and effort necessary to collect on what may be a piddling amount. This is where what your attorney friend's advice comes into play. You have to be judicious about your detention. You can't go around half-cocked threatening to collect on detention for every 30 or 45 minutes you get held up somewhere. Many of my loads I don't even bother with the detention clause. I get all the info from the broker regarding the load and if I don't see much potential for a major delay, I don't even worry about it. I occasionally get held up for 3 or 4 hours, most of the time I let it slide. I notify the broker what's going on and make them aware of our normal policy, then tell them that I'll let it slide this time in the interest of the relationship, provided they give the customer a call and see what they can do to speed things up. We're usually out of there shortly after. Shippers and receivers don't like getting detention bills either. If I don't spot a problem load initially and it bites me in the ass...that's my problem. Over time, you'll learn the right questions to ask to help determine whether detention may be an issue. And remember, if you're forced to go to court to collect, you're entitled to damages including all costs associated with the collection. This includes your lost income from having to appear. However, you just can't send one past due notice and expect to be able to file suit. You need to understand the collections process.

A few months ago, CHR forgot to make an appointment. I did the legwork and discovered I could reschedule for 12 hours later and in the meantime run up the road 30 miles and deliver my other stop. Got CHR to ok this plan and collected $600 for the extra 30 miles (since I now had to go back to the first stop instead of finishing at the second) and the detention.

Just this week, had a broker again not get an appointment scheduled so I couldn't deliver as contracted for. They rescheduled for early the next morning but wouldn't send me a new rate confirmation with either the appointment or my layover charge, so I didn't deliver. I stood my ground AND conducted myself in a professional manner. I sent faxes detailing my requirements and policies and logged calls. Things got worked out and we delivered early the following day. So we sat one full day and a couple hours of the next and I collected $500. Lower than I normally would charge, but there were other factors involved. The point is, you have to handle these situations professionally and be prepared to stand your ground. And most importantly, you need to know where you stand legally in these situations. You have to understand your contractual obligations and rights along with the broker's and the shipper/receiver's.

 

Most times I write in my detention terms on the rate sheet. Also talk to the broker about it after I fax it back and ask if they are ok with my revisions. 90% of the time they are.

If you are delayed at delivery, you should have no trouble getting detention 100% of the time (maybe not in produce, I don't know about that). Never offload the goods until you get a revised confirmation.

If you are delayed when you load....this is where that marked up rate confirmation comes in handy. You need to get them to sign it and fax it to you. If they will not, start shopping for another load while you are waiting.

 

yeah.....you really sound like you are choosing your fights wisely....100-150 isnt worth dragging someone into court over....600 now were talking.
Problem is if I drag em in for 600 ...ill probably have to settle for 300....n OMG...how are you getting CH Robby to agree to all these extra charges....da#m you must be smooth on the phones, their always such cheap S0Bs with me
Hmmmm say , yeah I was thinking you were using the almighty rate agreement.......but wondering, dont they all specify in the initial agreement you signed, the one I know i dont look over well enough that you WONT hold them liable.....or is it a matter of one being more binding then the other?
Just confused there?

 

If it is on the rate confirmation and both parties agree to the terms, then the original contract doesn't necessarily come into play. Whatever is agreed to on the rate confirmation is binding on that particular load.

 

Usually the rate confirmation holds sway over what the original contract states. In fact, many rate confirmation state that they supersede any prior agreement. When two documents contradict each other, courts will often look to the most recent agreement.

It's not a matter of being smooth in order to get detention. It's setting up the load properly and then taking the appropriate steps. The folks that know their business will recognize when you've got them. It's the idiots who don't know a thing about the regs or contract law that will argue and bully all day and will ultimately count on you not following through. If you keep a level head, maintain strict professionalism, and take the proper steps to document things, you will project the image of a businessman who can afford to do whatever it takes to get what he's rightfully owed. If the first thing you ask about is advances, or Comcheks for lumpers, and you yell and scream as soon as they say they won't pay detention, you'll be pegged as a typical trucker who doesn't have the cash to pursue anything.

Just be sure, and I can't emphasize this enough, be sure you KNOW where you stand regarding your rights and obligations. If you hold a load hostage because you think you're owed something that you're really not, you could be putting yourself in a world of hurt.

 

Today, November 19th was the first load I hauled last year. Today I picked up another load and guess what, it's from the first place I picked up at last year!!