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The following conditions are to apply to any company
that loads or unloads trucks belonging to an outside common carrier.
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The terms truck, trailer, semi trailer and vehicle shall refer to any
straight truck or semi tractor trailer combination used for transporting
goods both intrastate and interstate as a commercial common carrier. |
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| Shipping a load by common carrier (Shipper): |
| 1. In order to prevent the possibility of
trucks waiting for an available dock or waiting for their load to be
pulled, all inbound trucks to be loaded will be scheduled by appointment
only. No load is to be first-come, first-serve. |
| 2. It is the shippers responsibility to have the
order pulled and staged or ready to load prior to the carriers
truck's appointment time. If an appointment is made during the lunch or
break time of the shipper's employees, it is the shipper's
responsibility to make any and all necessary arrangements in advance for
the loading of the truck or trailer at the appointment time. Failure on
the shipper's part to schedule trucks around a company's scheduled lunch
or break period does not release the shipper from the requirement to
meet the 30 minute deadline for loading a truck or trailer. |
| 3. Upon the timely arrival of the truck on the
shipper's property on or before the appointment time, the shipper will
have a total of 30 minutes from the appointment time to assign the
vehicle a dock or loading area, load the truck or semi trailer, and hand
the driver the necessary paperwork for transporting the load. |
| 4. In order to prevent unloading delays upon the
arrival at the consignee, upon backing into a dock or other loading area
designated by the shipper, it is the shippers responsibility to properly
load the trailer in a manner that insures the product or products being
shipped will not shift, fall or in any way become damaged under normal
circumstances during transport. The driver may be required to install
load locks or straps, but shall not be required in any other way to
adjust or secure the product for shipment. |
| 5. It is the shippers responsibility to load the
truck or semi trailer in a manner which distributes the weight over the
axles so that the load does not exceed the maximum gross weight nor
exceeds the maximum axle weight or bridge law for any state the truck
will be required to travel through in route to the consignee, regardless
of the legal limits of the state in which the vehicle is being loaded
should that state allow a gross weight in excess of 80,000 pounds, or an
axle weight in excess of 24,000 pounds on the steer axle, or 34,000
pounds on the drive axles or trailer tandems when adjusted to the
necessary length to satisfy the bridge law of any state the truck will
pass through. If the the driver is required to supply a certified scale
ticket with the empty axle weights of the truck or semi tractor trailer
combination prior to being loaded, such notice must be given to the
broker or carrier in advance of the driver arriving at the shipper
unless the shipper has a certified axle scale on the shipper's premises.
It is the driver's responsibility to adjust the trailer tandems to the
appropriate setting PRIOR to obtaining an empty weight so the shipper
has an accurate weight for each set of axles prior to loading the
trailer. |
| 6. All loads are to be shipper load and count, and
all bills of lading are to indicate the load is shipper load and count.
Drivers shall not be required to verify the count, condition, or actual
contents of the load. It is recommended that all shippers not only seal
every load immediately after witnessing the closing of the truck or
trailer doors, but that an employee or representative of the shipper
install the seal to prevent any discrepancy of the content or count of
the load upon arrival of the load at the consignee. |
| 7. It is recommended that all bills of lading include
the words "Sealed By Shipper," whether pre-printed or hand written by
the driver. It is also recommended that the seal number appear on the
bills of lading. If there is no pre-printed indication of the seal, and
the seal number and the term "Sealed By Shipper" is hand written on the
bills of lading by either the shipper or the truck driver, all shippers
shall sign the bill of lading confirming an employee or representative
of the shipper will either install the seal on the doors of the truck or
semi trailer themselves, or accept full responsibility for the count
before requiring the driver to sign the bills should the shipper chose
not to physically install the seal themselves. |
| 8. No bills of lading or other shipping documents
shall indicate in any way that the driver is responsible for the count,
condition or content of the load as long as the seal installed at the
shipper is intact upon arrival at the consignee. |
| 9. Should a driver arrive at or before his or her
appointment time, and the truck or trailer is not loaded and all
paperwork completed within 30 minutes of the appointment time, the
shipper shall pay the driver detention pay at a minimum of $100 per
hour, retroactive to the actual appointment time and charged at the full
hourly rate for any portion of a full hour the driver is detained. No
detention pay may be divided into half or quarter hour increments, nor
any other increment less than 60 minutes, regardless of whether or not
the actual delay is less than the full hour beyond the original
appointment time. A delay of 40 minutes shall result in one full hour of
detention pay. A delay of 61 minutes shall result in two full hours of
detention pay. Detention pay shall continue in this manner, being paid a
full hour for every part of an hour the delay lasts past the hour until
the truck or trailer is loaded and all paperwork necessary for transport
is given to the driver and the truck or semi tractor trailer combination
is released from the shipper's property. |
| 10. Should a driver arrive later than his or her
appointment time, no detention or time limit is imposed on the shipper
as loading the trailer may interfere with another driver's appointment
time. |
| 11. In the event a driver cannot make the agreed on
appointment time for pick up, a new appointment time may be agreed upon.
If the driver arrives on time for the new appointment, all rules
regarding the 30 minute time limit and detention pay shall apply. It is
not recommended a shipper and driver agree to allow the driver to arrive
late and try to work them in unless the shipper is sure it will not
interfere with the loading of other trucks in a timely manner. |
| 12. All detention shall be paid by cash or comcheck
to the driver as it may not be possible for the driver to access the
bank with his vehicle in order to cash a check drawn on the shipper's
bank account. For exceptions, please see the section of this document
entitled "Payment Exceptions". |
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| Receiving a load by common carrier (Consignee): |
| 1. In order to prevent the possibility of
trucks waiting for an available dock or space being made available for
the inbound load, all inbound trucks to be unloaded will be scheduled by
appointment only. No load is to be first-come, first-serve. |
| 2. It is the consignees responsibility to be prepared
to unload the trailer upon the arrival of the carriers truck's
appointment time. If an appointment is made during the lunch or break
time of the consignee's employees, it is the consignee's responsibility
to make any and all necessary arrangements in advance for the unloading
of the truck or trailer at the appointment time. Failure on the
consignee's part to schedule trucks around a company's scheduled lunch
or break period does not release the consignee from the requirement to
meet the 30 minute deadline for un-loading a truck or trailer. |
| 3. Upon the timely arrival of the truck on the
consignee's property on or before the appointment time, the consignee
will have a total of 30 minutes to assign the vehicle a dock or
un-loading area, unload the truck or semi trailer, and hand the driver
the signed paperwork accepting the load. |
| 4. The bills of lading may contain the words 'Subject
to Count and Condition' in order to protect the consignee's rights, but
it is understood that the count and condition of all freight is the
responsibility of the shipper and not the carrier or driver so long as
the seal installed by the shipper is intact (in place and not broken)
upon the carrier's arrival at the consignee's property. No bills of
lading or other shipping documents shall indicate in any way that the
driver is responsible for the count, condition or content of the load as
long as the seal installed at the shipper is intact upon arrival at the
consignee. |
| 5. It is recommended that all drivers write on the
bills of lading the words "Seal Intact" and request the consignee sign
the bills confirming the seal is intact upon arrival at the consignee's
property. It is recommended that all consignees not only verify
the seal on every load immediately upon arrival of the carrier's
vehicle, but that an employee or representative of the consignee
physically remove the seal to prevent any discrepancy of the content or
count of the load. When presented with the bills of lading indicating
the seal is intact, no consignee may refuse to sign confirming the seal
that was installed by the shipper is the same seal and is intact upon
arrival on the consignee's property. Should any consignee refuse to sign
and/or verify the seal is intact, and should such refusal delay the
unloading process until the driver is released from all responsibility
by the broker or the company the driver works for, the 30 minute time
limit is still in effect, regardless of how long it takes the driver to
receive some form of written release of liability or confirmation of the
seal by a third party, such as a local law enforcement officer or
Department of Transportation officer. No driver shall be required to
break a seal prior to a consignee confirming in writing on the bills of
lading that the seal is intact upon arrival on the consignee's property.
Should the driver be delayed or be forced to leave the consignee's
property to receive written authorization releasing him or her from
liability from the load, such as a fax, the consignee shall be
responsible for all time required for the driver to receive said written
release from the broker or the trucking company the driver works for,
and shall continue to pay the driver the hourly detention rate until a
new appointment time can be made for the driver to return to deliver the
load. |
| 6. All loads are to be consignee unload and count,
and all bills of lading are to indicate the load is consignee unload and
count. Drivers shall not be required to verify the count, condition, or
actual contents of the load upon arrival at the consignee. |
| 7. Should a driver arrive at or before his or her
appointment time, and the truck or trailer is not unloaded and all
paperwork completed within 30 minutes of the appointment time, the
consignee shall pay the driver detention pay at a minimum of $100 per
hour, retroactive to the actual appointment time and charged at the full
hourly rate for any portion of a full hour the driver is detained. No
detention pay may be divided into half or quarter hour increments, nor
any other increment less than 60 minutes, regardless of whether or not
the actual delay is less than the full hour beyond the original
appointment time. A delay of 40 minutes shall result in one full hour of
detention pay. A delay of 61 minutes shall result in two full hours of
detention pay. Detention pay shall continue in this manner, being paid a
full hour for every part of an hour the delay lasts past the hour until
the truck or trailer is unloaded and all paperwork is signed and given
to the driver and the truck or semi tractor trailer combination is
released from the consignee's property. |
| 8. Should a driver arrive later than his or her
appointment time, no detention or time limit is imposed on the consignee
as unloading the trailer may interfere with another driver's appointment
time. |
| 9. In the event a driver cannot make the agreed on
appointment time for delivery, a new appointment time may be agreed
upon. If the driver arrives on time for the new appointment, all rules
regarding the 30 minute time limit and detention pay shall apply. It is
not recommended a consignee and driver agree to allow the driver to
arrive late and try to work them in unless the consignee is sure it will
not interfere with the loading of other trucks in a timely manner. |
| 12. All detention shall be paid by cash or comcheck
to the driver as it may not be possible for the driver to access the
bank with his vehicle in order to cash a check drawn on the consignee's
bank account. For exceptions, please see the section of this document
entitled "Payment Exceptions". |
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| Payment Exceptions: |
| 1. A driver may elect for the detention to be
included in the freight charges if the broker or company the driver is
working for will immediately issue the driver a comcheck or other form
of payment IN FULL, ON THE SPOT, AND WITH NO DEDUCTIONS, FEES, OR
PENALTIES OF ANY KIND before the driver leaves the shipper's or
consignee's property. |
| 2. Company drivers or owner operators leased to a
company may elect, AT THE DRIVER'S OPTION, to have the amount of
detention added to his paycheck or other form of settlement the company
offers. |
| 3. Taxes: Shipper's and consignee's may require the
driver to sign a receipt for tax purposes ONLY, and may require the
driver's name, address and social security number OR tax I.D.
number if the driver has one. No company may allow an outside contractor
working for the company to collect this information under any
circumstances. This information is to be considered CONFIDENTIAL, and
may only be given to an authorized employee of the company that has the
authority to collect such information and understands that it is a
federal offence to release this information to any other individual
inside or outside of the company for any purpose other than those
individuals that require the information to file taxes on the monies
paid. |
| 3a. It is recommended that all drivers obtain a tax
I.D. number for tax identification purposes when collecting detention
pay from a shipper or consignee. |
| 3b. No company may tax this money, as it is not part
of the driver's regular pay, and under the rules of payment, the money
is not being paid to the driver by the company, but rather being paid
from the shipper or consignee directly to the driver. It is each
driver's responsibility to claim this money as additional income when
filing his or her taxes. |
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| Flatbeds, Soft Sides, Curtain Sides, or Flatbeds
with Side Kits (Covered Wagons): |
| The 30 minute loading and unloading time applies to
flatbed or similar loads where the driver is required to secure the load
with chains or straps and tarp the load, or required to remove the
chains, straps or tarps as follows. |
| Shipping: The product to
be transported must be loaded on the flatbed and all paperwork given to
the driver within 30 minutes of the appointment time. The shipper shall
not be responsible for the time required by the driver to secure or tarp
the load, nor be responsible for the delay caused to other drivers by
the driver of the loaded trailer having to secure and/or tarp the load
so long as the shipper provides an area for the loaded trailer to be
moved to prior to securing and tarping of the load, and such area allows
trucks waiting to load to be loaded and move on to this area. See the
section "Load Securement and Tarping" below for further details. |
| Load Securement and Tarping:
Shippers shall make available an area for a loaded
trailer to be moved to in order for the driver to secure and tarp the
load as necessary that does not interfere with the loading of other
trucks. Should waiting drivers be delayed due to the fact a shipper does
not provide adequate room for a loaded trailer to move to in order to
have any necessary securement devices or tarps installed without
delaying other trucks waiting to load, the shipper is responsible for
paying detention time to the waiting drivers if they are not loaded
within 30 minutes of their appointment time. If it is a shippers policy
that all loads be secured and/or tarped prior to the driver moving the
vehicle, sufficient additional area must be provided for by the shipper
for the loading of other trucks within their 30 minute time frame. |
| Driver's Responsibilities:
It is the responsibility of the driver to know how to secure and tarp
his or her load in a timely manner. Under normal circumstances, an
experienced driver should be able to fully secure and tarp a load within
thirty minutes. Should the shipper provide an adequate loading area for
multiple drivers to load, secure and tarp their loads, and should a
driver take excessive time securing and/or tarping his or her load and
cause other drivers to be delayed beyond the thirty minutes, the shipper
shall not be responsible for the delay caused by the offending driver,
and that driver shall forfeit any detention he is entitled to. |
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| Receiving: It is the
driver's responsibility to arrive early enough to remove all chains,
straps and tarps on or before the delivery appointment time. If the load
is ready to be removed from the trailer by the appointment time, the
consignee shall have 30 minutes to unload the trailer, sign the bills of
lading, and release the driver. All rules regarding detention time shall
apply so long as the load is available to be removed from the truck on
or before the appointment time. The consignee shall provide an area on
their property where a driver arriving early can remove all tarps,
securement devices, or perform any other task necessary to allow for the
unloading of the product being shipped. Should the driver fail to
arrive early enough to prepare the load for removal on or before his
appointment time and the forklift, crane or other equipment used to
unload the trailer must wait for the driver to finish un-tarping,
removing any securement devices, or perform any other necessary task to
allow the load to be removed, the driver forfeits his right to detention
pay, and no detention shall be paid. |
| Un-Tarping and Removal of Chains, Straps and other
load securement devices: |
| Should the consignee fail to provide an area where
the driver may prepare the load for removal in advance of the
appointment time, the thirty minute clock will start as soon as the
driver is able to park the truck in an area designated by the consignee
and remove all tarps and any securement devices necessary to allow the
load to be removed. Drivers arriving for an appointment on time that are
delayed by trucks ahead of them due to the consignee's failure to
provide a staging area where tarps and securement devices can be removed
shall be paid detention from the original appointment time, including
the removal of tarps and securement devices should the driver not be
allowed to remove the tarps and any securement devices until entering a
designated area by the consignee to do so, such as the interior of a
building, or if the consignee does not allow the removal of tarps or
securement devices until the truck is parked in a designated unloading
area. |
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| Other Vehicles: Tankers
, hoppers, dump trucks and other equipment which do not require the
shipper or consignee to either load by hand or unload the freight shall
be handled in such a manner that upon the trucks arrival to load or
unload, the shipper or consignee will schedule trucks in such a manner
that the driver will be able to pull to the appropriate loading or
unloading location within 30 minutes of his appointed arrival time
rather than wait in line on a first-come first-serve basis. Should it be
known in advance that a particular load will take longer than 30 minutes
to load or unload, it is the shipper or consignees responsibility to
schedule trucks appropriately so that trucks are not waiting to load or
unload. |
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| Waivers: |
| 1. No driver, broker,
carrier or any other entity involved in the transportation of products
via truck may agree to waive any rights to mandatory detention being
paid to the truck driver on the spot. |
| 2. No driver, broker,
carrier or any other entity involved in the transportation of products
via truck may agree to waive any rights to mandatory shipper load and
count and/or consignee unload and count. |
| 3. No driver, broker,
carrier or any other entity involved in the transportation of products
via truck may agree to waive any rights to a mandatory thirty (30)
minute maximum time allowed for drivers to arrive, load or unload,
received the necessary, processed paperwork, and be released from the
shipper or receivers property. |
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| Exceptions: |
| 1. Private carriers and hourly employs may be exempt
from the thirty minute time limit if the driver is being compensated for
his or her time at a customer by his or her company through and hourly
wage. |
| 2. Certain products, such as those transported by
tanker, that the shipper or consignee has no control over with regards
to the time it takes to load or unload are not eligible for detention
time. If a driver chooses to haul a product in a tanker or other
equipment that is known to take longer than thirty minutes to load or
unload without any involvement on the consignee's part to unload said
product, the driver accepts the fact he is not eligible to receive
detention. In such cases, the only responsibility of the shipper or
consignee is to schedule trucks in such a manner that when loading or
unloading, the driver may reach the necessary location to load or unload
the vehicle within 30 minutes of the drivers appointment time so long as
the driver arrives on or before said appointment time. Should a shipper
or consignee fail to make the loading or unloading location or facility
available to the driver within the thirty minute window, the driver is
then eligible for detention from the time of his or her appointment
until the time the vehicle is able to reach the loading or unloading
location. All rules regarding detention being paid in one hour
increments as described in the sections "Shipping a load by common
carrier" and "Receiving a load by common carrier" shall apply. |
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| Drivers Responsibilities: |
| Once a trailer is loaded or unloaded, it is the
driver's responsibility to move the truck immediately to allow the
next truck or trucks in line to be loaded or unloaded.
Once a truck is released from the dock and the driver is allowed to
leave the property within the thirty minute time limit, the shipper or
receiver is no longer responsible for the driver's time should the
driver choose to remain on a shipper or receiver's property to update
their log book or any other paperwork. This time shall NOT count
against the shipper or receiver.
Drivers who cause another driver to be delayed by
failing to move their vehicle immediately from a dock or
loading/unloading area once they are loaded or empty and have in their
possession all necessary signed paperwork forfeit ANY AND ALL
detention pay due them to offset the cost of the detention being paid to
the waiting driver or drivers though no fault of the shipper or
consignee. |
