What would you do

[NotForHire]

deliver with due dispatch

Unfortunately, the terms and conditions of most Bills of Lading, are pretty much silent on this issue. Unless otherwise specified on the BL, all the carrier is required to do is “deliver with due dispatch”. Somewhat ambiguous at best and provides the carrier with an abundance of excuses to delay delivery.I have found that a useful tool in combating a hostage situation is to notify the carrier‘s insurer and your insurer and report the shipment missing or lost. If nothing more, it will initiate a phone call and that could motivate the carrier to listen to reason, or at least discuss options. Reporting it to the local police will most times be fruitless as they regard this as a civil, non payment issue where no crime has been committed. Occasionally you might get a sympathetic ear from the police and they might make a phone call, but they are certainly not obligated to.

 

[Shakey]

Another reason it is good to send carrier revision like Rob did on this shipment, don't get carrier so upset they hold for ransom. Fight about pay once shipment is delivered. I've had to chew on my tongue more than once but it sure paid off with less headaches for my customer

 

[BPOVFB]

"Trailer is misplaced in the dixie drop yard, trying to find out where it is.. hang tight... hang tight... hang tight.." never say "hostage" or "hold".

 

[loaders]

I doubt if holding freight hostage appears anywhere as an offence in the Criminal Code of Canada or in any Provincial Offences. The “legality “of transportation, or any part of it, including payment, is contained in The Bill of Lading, the contract of carriage. Technically, a carrier is entitled to full payment upon delivery, unless other payment terms have been agreed to, which of course, is pretty much always the case. I wish holding freight hostage was spelled out as a Provincial or Canadian offence, or at least prohibited in the terms and conditions of the Bill of Lading.

 

[lowmiler88]

I would tell the police that I have no fuel for my truck and need the money to fill it up. We've done it a couple of times over 20+ years and usually get paid and will do it again if necessary I wants my money fuck these scumbags that don't want to pay.

 

[Rob]

I would tell the police that I have no fuel for my truck and need the money to fill it up. We've done it a couple of times over 20+ years and usually get paid and will do it again if necessary I wants my money fuck these scumbags that don't want to pay.

i would of paid an do everytime but Wally was trying to fuck me out of 500 because he only had 1 skid home from Maine and was lying his ass of about driver being layed over at bridge. Never held a load that did not need holding myself but have done it once or twice o some doozie brokers that are no longer around but in the end i got paid for what i did not want i wanted but was not able to make happen like Walter. PS I have never said who the carrier is I just like using Walter as a name!!!

 

[Michael Ludwig]

I gave you Juan & Tito's phone number didn't I ???
Just point "Walter" out and they'll cap his ass for a hundred bucks and a bottle of tequila

 

[economy]

What are the rules regarding this - being less than 10 yrs in this business I feel this is happening more frequently than before. I do not understand this aspect or how it functions....it's like carriers are moving over to the 'dark side'......

This subject was already discussed a few times on this forum.

Uniform Conditions of Carriage under Highway Traffic Act.

14. Freight Charges
i. If required by the carrier, the freight and all other lawful charges accruing on the goods shall be paid before delivery.

As for holding the freight HOSTAGE - there is no such legal terminology. Most likely the trucking community just came up with it.

The above mentioned Act gives carriers the RIGHT to ask for payment prior to delivery. That is why the issue is Civil matter and police not to get involved. Although, over the years we've heard of plenty of instances when police was acting quite fearful, but eventually police vanishes once Laws are presentably quoted.

 

[Michael Ludwig]

As for holding the freight HOSTAGE - there is no such legal terminology. Most likely the trucking community just came up with it.

1,000 % correct

 

[WALTERK]

That must be one m. f. bad news for a lot of dishonest brokers/carriers. Ha, ha!!! Thank you Economy! I am printing it and putting it on the wall right now. I love this website...

 

[loaders]

The "right" to demand payment before delivery has always been in existence. However most carriers, when they are negotiating rates and service with their customers, shippers and brokers alike, agree to what are commonly referred to as "trade terms". In other words, payment within a certain amount of time. If a carrier tried to enforce that clause on one of my shipments, after agreeing to my trade terms, it would be the one and only shipment they would haul for me.

 

[WALTERK]

I agree with you loaders 100%. That's why it is imperative for a carrier to include everything on the confirmation to establish the " trade terms" or you have no recourse.