Home > Forum > A Lot Of Talk About Bad Brokers!

A lot of talk about bad brokers!

Jan 11, 2020 at 09:57 AM CST
+ 39 - 11
First off I’m not sure if I can do this per any rule I may not have read. I see a lot of post about bad brokers and low rates. I do agree. Most brokers are getting rich fast and drivers are not. I have a good example. I ran a load, I met a guy running the same load that day. He was getting like 32.00 a ton I was getting 48.00 a ton. Big difference! My solution is if you want to make good money and have a broker who cares call my buddy Jesse Abbott at midway logistics (316) 260-5074 extension 601 I believe. I promise you won’t find a better broker.
Replied on Fri, Jan 17, 2020 at 01:19 PM CST
I enjoyed you're post. its true. Not all brokers are bad news. I've had a good one myself for awhile now and he fights for our wages. hes really cool. He even gave me information to go direct with a few companies that he wouldnt be able to pay me enough from if he took a cut out. It can be taxing on the nerves in our industry but drivers that take super cheap freight,only have themselves to blame. I've never understood it. We all have a choice in what we haul because it's our equipment. People just need to do their homework and take loads that are good for them. What works for one guy,wont work for another. Have a great day driver!
Replied on Fri, Jan 17, 2020 at 08:10 PM CST
+ 5 - 1
He may be a great guy but the last load I checked with him on was a 630 mile trip from kanopolis KS to Evansville Mn. He was paying 46T. Do the math. I don't care how nice you or how much you care I wont run my truck for rates like that.
Replied on Sat, Jan 18, 2020 at 10:55 AM CST
Quote: "He may be a great guy but the last load I checked with him on was a 630 mile trip from kanopolis KS to Evansville Mn. He was paying 46T. Do the math. I don't care how nice you or how much you care I wont run my truck for rates like that."

Do you have a few phone numbers Any one know a few good brokers in Texas Would gladly appreciate.
Replied on Sat, Jan 18, 2020 at 10:55 AM CST
+ 1
I'm not downplaying the people that are stupid enough to haul those loads....
Replied on Sat, Jan 18, 2020 at 10:55 AM CST
+ 4
I'm with Daniel on this one. People with integrity wouldn't offer a load that pays that cheap, in my opinion anyway. I get emails daily from companies wanting fertilizer moved, it's always 1.90 per loaded mile. Funny thing is, my direct companies pay double that, and a few brokers I use pay 2.70 to 3 bucks pretty easy. Kinda why we complain about the shady people taking the mythical 10 percent. Capitalism requires honesty
Replied on Sat, Jan 18, 2020 at 06:41 PM CST
- 1

Hello All, I am newer broker and totally get the concern carriers have. First of all YOU, the carrier has the expenses, the headaches, the mechanical issues, the face to face interaction with the end user, and we as brokers should understand this. I am coming into this, for longevity and to secure my families future financially, therefore me for one will always put my carriers needs before mine. Remember, you guys/gals are the ones moving the product. Without you, it doesnt move. I based my business model off of quantity of loads. Meaning I can still make what I plan to, but I just have to move more loads, therefore I can take less, give more to my carriers, but book more loads. Right now I am trying to get into the grain, fertilizers etc., scene and its a tight family if you will. Once I obtain a solid shipper in this sector, I will then need a group of great carriers that have hoppers and are dependable, love their job and are fun to work with. Hats off to you all, keep up the good work and remember, love what you do.

Replied on Sun, Jan 19, 2020 at 04:45 PM CST
+ 1
Quote: "He may be a great guy but the last load I checked with him on was a 630 mile trip from kanopolis KS to Evansville Mn. He was paying 46T. Do the math. I don't care how nice you or how much you care I wont run my truck for rates like that."

I agree Daniel!! I’m not sure the story on that load. I was only pointing out that when I say I need better rates I get them or they find me a better load. I only pointed out that they work with us drivers better then some other brokers I deal with.
Replied on Tue, Jan 21, 2020 at 07:00 AM CST
+ 3 - 1

Hello all. My question for all the carriers reading this is, why use brokers if you feel they're ripping you off? Don't get me wrong, I'm a broker and I probably shouldn't tell you not to use brokers. If you can wait 30 days to get paid (most customers don't work with factoring companies), have time and patience to look for your own leads (most of the loads on loadboards are posted by brokers) and can take on the full responsibility of answering to the customer then go for it. I think some carriers hide behind the broker so the broker can be the one getting yelled at for the carrier's incompetence. So if you can be responsible and wait for your money, AND have the time and money for someone to find customers, then absolutely DON'T use brokers.

Replied on Tue, Jan 21, 2020 at 07:17 AM CST

99 percent of brokers have NET30 payment terms.

Replied on Tue, Jan 21, 2020 at 09:06 AM CST

Brokers also usually offer quick pay or direct deposit. Most of the carriers I work with use factoring so they are paid long before anyone else

Replied on Tue, Jan 21, 2020 at 09:07 AM CST
Kimberly, from my experience, most veteran carriers dont use a ton of brokers, for myself, I use them for about 30 percent of my work, and i enjoy working with those people. I can't speak for all carriers, but my problem is that this industry has a constant revolving door of new trucking companies, seems they start out, last a year or 2, then quit because they aren't making any money. These shady people seem to prey on the inexperienced and the stupid. That helps guarantee that revolving door of inexperience is always there to keep everyone's rates down. A little transparency would help a newcomer realize that if somebody is paying you 1.70 per mile to haul a load, that they are totally and completely ripping you off. I'm not for giving handouts to the newbies, but a little education will benefit everyone in my opinion. I hauled cheap when I started out. Luckily I met some brokers that were just as interested in benefiting the industry as they were about making money. They gave advice and offered me fair rates. Thanks to them, im not a rate cutter....
Replied on Tue, Jan 21, 2020 at 11:38 AM CST
Quote: "Kimberly, from my experience, most veteran carriers dont use a ton of brokers, for myself, I use them for about 30 percent of my work, and i enjoy working with those people. I can't speak for all carriers, but my problem is that this industry has a constant revolving door of new trucking companies, seems they start out, last a year or 2, then quit because they aren't making any money. These shady people seem to prey on the inexperienced and the stupid. That helps guarantee that revolving door of inexperience is always there to keep everyone's rates down. A little transparency would help a newcomer realize that if somebody is paying you 1.70 per mile to haul a load, that they are totally and completely ripping you off. I'm not for giving handouts to the newbies, but a little education will benefit everyone in my opinion. I hauled cheap when I started out. Luckily I met some brokers that were just as interested in benefiting the industry as they were about making money. They gave advice and offered me fair rates. Thanks to them, im not a rate cutter...."

Dale - we don't use a lot of brokers either. My husband owns a trucking company and we have some direct contacts with customers we haul for. Of course the rate is better going direct with customers but there are some customers that pay more when they use a broker so the carrier can still get a decent rate.

I have had new carriers call me up and ask me for a lower rate than I had in mind because they haven't gotten a feel for the market yet. It makes it harder on more seasoned drivers or companies because if it gets moved cheaper once, the customer won't want to pay the old rate. They don't realize it was a one-off.

As a broker, I cringe sometimes at the rates the customers are paying. I've been told many times by customers that they will NOT raise their rate and the whole rate is like $1.50/mile. It's terrible! And honestly it does make the broker look bad to the carriers, I totally get that. But for those that constantly badmouth brokers, thinking brokers are 100% ripping them off, that's just not true. I've seen it in many forums on here.

Replied on Tue, Jan 21, 2020 at 11:38 AM CST

Why would a person want to even think about using a cut rate broker. This just popped up in an email. $3000 offer for 2100 miles, in crap weather no less. Really.

Need a Hopper Vancouver, WA to Saint Louis, MO loading tomorrow $3000 let me know if your are interested. 479-879-0490 Thank you

Replied on Thu, Jan 23, 2020 at 08:11 PM CST
- 1
Actually I’ve reread that one post. And for 600 miles he is offering just about 2 a mile. That’s not bad. I won’t run that low but that leaves room for negotiations. The last post above this one is wrong. That is not my buddy’s company going to Washington. Everyone has their own opinions on brokers and I believe sometimes a bad review on a broker is the driver. I know for a fact midway does whatever he can to make it worth it. And he can get you paid in three days with quick pay. If you do your job he will make sure it’s worth it. But if you are a flake then of coarse your gonna have a bad review.
Replied on Fri, Jan 31, 2020 at 06:54 AM CST
Quote: "He may be a great guy but the last load I checked with him on was a 630 mile trip from kanopolis KS to Evansville Mn. He was paying 46T. Do the math. I don't care how nice you or how much you care I wont run my truck for rates like that."

Need to haul from a different spot then.

Neligh, NE to Pipestone, MN - $16/ton, 208 mi, $2/mi
Neligh, NE to Perham, MN- $40/ton 437 Mi $2.37/MI
Neligh, NE to Detroit Lakes, MN - $40/ton, 434 mi, 2.40/mi
Neligh, NE to Mahnomen, MN - $41/ton, 459 mi, 2.32/mi
Neligh, NE to Ortonville, MN - $24/ton, 293 mi, $2.15/mi
Neligh, NE to Rochester, MN - $35/ton, 381 miles, $2.39/mi
Neligh, NE to Mapleton, MN - $30/ton, 303 miles, 2.57/mi
Neligh, NE to Sioux Falls, SD - $12/ton on 164 Mi for $2.12/Mi

Copied from my weekly emails.

Replied on Fri, Jan 31, 2020 at 06:55 AM CST
+ 1
Quote: "Actually I’ve reread that one post. And for 600 miles he is offering just about 2 a mile. That’s not bad. I won’t run that low but that leaves room for negotiations. The last post above this one is wrong. That is not my buddy’s company going to Washington. Everyone has their own opinions on brokers and I believe sometimes a bad review on a broker is the driver. I know for a fact midway does whatever he can to make it worth it. And he can get you paid in three days with quick pay. If you do your job he will make sure it’s worth it. But if you are a flake then of coarse your gonna have a bad review."

Jerry are you serious? You just said sub 2.00 a mile freight is not that bad. And thats why all these brokers we love to complain about offer 2.00 freight all day every day. Because there's carriers saying thats not bad.
Replied on Fri, Jan 31, 2020 at 06:55 AM CST
Quote: "Dale - we don't use a lot of brokers either. My husband owns a trucking company and we have some direct contacts with customers we haul for. Of course the rate is better going direct with customers but there are some customers that pay more when they use a broker so the carrier can still get a decent rate. I have had new carriers call me up and ask me for a lower rate than I had in mind because they haven't gotten a feel for the market yet. It makes it harder on more seasoned drivers or companies because if it gets moved cheaper once, the customer won't want to pay the old rate. They don't realize it was a one-off. As a broker, I cringe sometimes at the rates the customers are paying. I've been told many times by customers that they will NOT raise their rate and the whole rate is like $1.50/mile. It's terrible! And honestly it does make the broker look bad to the carriers, I totally get that. But for those that constantly badmouth brokers, thinking brokers are 100% ripping them off, that's just not true. I've seen it in many forums on here. "

It's not one out there that is honest that's what a broker do lie an takes
Replied on Fri, Jan 31, 2020 at 08:15 AM CST

I posted this on another thread by accident. Anyway, another example from this morning. A single 80 mile run broker wants to pay $225. I get a load list daily from the same customer and they want to get it moved for $325. So the broker is trying to take THIRTY PERCENT of a rate that already way too low. It's these parasitic antics that give brokers a bad name.

Replied on Fri, Jan 31, 2020 at 08:15 AM CST
- 1
Kimberly,I am by no means trying to tell you how to run your business,but if you know the rate is soft it would behoove you not to necessarily move that load on the cheapest carrier,because as you said the shipper will expect that all the time,its like the old saying my dad used to tell me dont step over a dollar to pick up a dime.If you get back to the shipper and tell them you cant get it moved at the rate they wanted they essentially have 2 options one raise the rate,or try and get somebody else to move it,if they choose the later then its probably a customer you do not want anyway because they will constantly be trying to low ball you and will show no flexibillity.You get what you pay for,as with anything.Sure they may move to another broker for a time,but I cant count the times that customers have told me my rates are too high then later that week call me back and ask me what its gonna take to move the load.Patience is truly a virtue,always keep in mind the story about the old bull and the young bull..
Replied on Fri, Jan 31, 2020 at 08:15 AM CST
Quote: "Need to haul from a different spot then. Neligh, NE to Pipestone, MN - $16/ton, 208 mi, $2/miNeligh, NE to Perham, MN- $40/ton 437 Mi $2.37/MINeligh, NE to Detroit Lakes, MN - $40/ton, 434 mi, 2.40/miNeligh, NE to Mahnomen, MN - $41/ton, 459 mi, 2.32/miNeligh, NE to Ortonville, MN - $24/ton, 293 mi, $2.15/miNeligh, NE to Rochester, MN - $35/ton, 381 miles, $2.39/miNeligh, NE to Mapleton, MN - $30/ton, 303 miles, 2.57/miNeligh, NE to Sioux Falls, SD - $12/ton on 164 Mi for $2.12/Mi Copied from my weekly emails. "

I wonder how much the shipper is getting billed for those loads? Life's not perfect, there are circumstances where there might not be much money in a load, I get that. But it's rare. When loads are offered consistently that cheap its happening for 2 reasons. Number one, the truckers aren't aware that the load should pay a buck per mile more, number two, someone is taking 30 to 50 percent off the load. If you find the right people they will pay you better than that and make money themselves.
Replied on Fri, Jan 31, 2020 at 10:12 AM CST
Some of you may want to checkout this website, www.lanehoney.com.
Replied on Fri, Jan 31, 2020 at 10:54 AM CST
Quote: "Some of you may want to checkout this website, www.lanehoney.com."

That's some "honey" indeed! From the lanes I'm most familiar with these numbers look pretty accurate.

Replied on Sat, Feb 01, 2020 at 01:31 PM CST
Quote: "Some of you may want to checkout this website, www.lanehoney.com."

I only looked at the home page and realize it's only a snap shot. But if anyone should be pissed, I'd say that's the shipper.

Replied on Mon, Feb 17, 2020 at 08:11 AM CST
Quote: "Jerry are you serious? You just said sub 2.00 a mile freight is not that bad. And thats why all these brokers we love to complain about offer 2.00 freight all day every day. Because there's carriers saying thats not bad."

No it’s not bad for someone who owns all their own equipment.it needs to be 2.50 or higher. It’s not for me. I see where you come from. I can’t run that low. I don’t run that low. I currently do not run for those brokers at this time I made a mistake. Im currently running pigs since it’s non stop work no matter what. I have said screw it and went back to getting my own loads.
Replied on Mon, Feb 17, 2020 at 09:44 AM CST

Sure wish a lot of this info would be relative in Canada. We pull double the weight (140,000 lbs) up here. A lot of carriers are taking loads for cheap cheap, in exchange for filling up their tanks with farm fuel (which is illegal here). I've spoken with few carriers that would rather run deadhead than taking a "backload" rate.

Replied on Wed, Feb 19, 2020 at 08:08 AM CST

hello, i was wondering if anyone knew of some good brokers around the NC area? i havent been able to find very many saldy.

thanks.

Replied on Wed, Feb 19, 2020 at 02:01 PM CST
Quote: "Hello all. My question for all the carriers reading this is, why use brokers if you feel they're ripping you off? Don't get me wrong, I'm a broker and I probably shouldn't tell you not to use brokers. If you can wait 30 days to get paid (most customers don't work with factoring companies), have time and patience to look for your own leads (most of the loads on loadboards are posted by brokers) and can take on the full responsibility of answering to the customer then go for it. I think some carriers hide behind the broker so the broker can be the one getting yelled at for the carrier's incompetence. So if you can be responsible and wait for your money, AND have the time and money for someone to find customers, then absolutely DON'T use brokers. "

Alot of companies only work with brokers. And there are the companies that prefer dealing directly with carriers and will not use brokers. Trust me I am constantly trying to get direct customers.

Replied on Wed, Feb 19, 2020 at 02:01 PM CST
Quote: "99 percent of brokers have NET30 payment terms."

Even though they get paid quicker most of the time. I have a direct customer that pays in 14 days, but brokers working with same customer are paying in 35-45 days.

Replied on Wed, Feb 19, 2020 at 02:01 PM CST
- 1
Quote: "Dale - we don't use a lot of brokers either. My husband owns a trucking company and we have some direct contacts with customers we haul for. Of course the rate is better going direct with customers but there are some customers that pay more when they use a broker so the carrier can still get a decent rate. I have had new carriers call me up and ask me for a lower rate than I had in mind because they haven't gotten a feel for the market yet. It makes it harder on more seasoned drivers or companies because if it gets moved cheaper once, the customer won't want to pay the old rate. They don't realize it was a one-off. As a broker, I cringe sometimes at the rates the customers are paying. I've been told many times by customers that they will NOT raise their rate and the whole rate is like $1.50/mile. It's terrible! And honestly it does make the broker look bad to the carriers, I totally get that. But for those that constantly badmouth brokers, thinking brokers are 100% ripping them off, that's just not true. I've seen it in many forums on here. "

Most brokers won’t pay FSC or Detention either.

Replied on Thu, Feb 20, 2020 at 07:33 AM CST
Quote: "Even though they get paid quicker most of the time. I have a direct customer that pays in 14 days, but brokers working with same customer are paying in 35-45 days."

True and not all direct customers pay timely. I recently let my best customer go because they were paying more than 60 days late when we were contracted for 30. Actually, this brings up one positive thing about dealing with brokers. With a broker, if they don't pay on time you can file a claim on their bond. With a direct customer you have to sue them.

Replied on Sat, Feb 29, 2020 at 08:05 PM CST
Well let me throw another turd in the punchbowl..try getting quotes as a woman(I am no feminist!) But I have literally had males drivers call on their phones sitting right next to me and get quotes way hire than what I was quoted! More than not!
Replied on Sun, Mar 01, 2020 at 03:02 PM CST
Quote: "Well let me throw another turd in the punchbowl..try getting quotes as a woman(I am no feminist!) But I have literally had males drivers call on their phones sitting right next to me and get quotes way hire than what I was quoted! More than not!"

I think some people are trying to take advantage. I guess it depends on the people you are doing business with. I don't call on loads anymore because my wife always gets more than me
Replied on Sun, Mar 01, 2020 at 03:02 PM CST
+ 1
Not to pick on anyone, or be rude or anything, but as a trucker, the government demands that I be transparent about where I go, how long it takes me to get there, who dot'd the rig, the list goes on and on. People outside of trucking seem to not have a problem with this violation of my privacy because it hides under the disguise of safety. So why do brokers take it so personally when we ask for transparency on your commission, and accuse us of being socialist for asking to "prove how much you take"? There was just a discussion on another thread about posting the rate, its irrelevant to me because I'm going to ask for more than they post anyway, but if everyone only takes 10 percent, wouldn't it be pretty easy to post your rate? Yes, I agree on the argument that dumb people accepting these loads is a large portion of the problem, but aren't the inexperienced and people new to the English language (who are the majority of truckers today ) being taken advantage of here? Wouldnt they haul for more if they knew the going rate for a truck was actually between 3 and 5 dollars per loaded mile? You good people get defensive here, and that shows you obviously care about what you do and that's good, but you are a tiny fraction of the industry in my opinion. I haul direct for the most part now, but the brokers I use pay me what I ask for. So I guess to make my point, why is it acceptable for me to have to tell the world wheni stop to pee (click off duty, then click restroom break), but its socialism to ask people to be honest about the rates?
Replied on Mon, Mar 02, 2020 at 06:56 AM CST
+ 1
I work with a few brokers that i trust. I also know and have worked with a broker that lies cheats and just screws you to death. The problem is that you can't name anyone. No one would work with you. I would love to see this outfit close but it isn't worth the risk.

Art Pfluger
Replied on Mon, Mar 02, 2020 at 01:12 PM CST
If someone is shutting the doors, what would they have to loose by rating the bad ones out? And if they went broke trucking, and lost everything what would they have to loose by supporting socialism? If your not into guns, and your broke, Bernie probably looks like a way to get even, with those who put you there. Sure seems to be a lot of folks talking lately.
Replied on Mon, Mar 02, 2020 at 10:27 PM CST
Quote: "Not to pick on anyone, or be rude or anything, but as a trucker, the government demands that I be transparent about where I go, how long it takes me to get there, who dot'd the rig, the list goes on and on. People outside of trucking seem to not have a problem with this violation of my privacy because it hides under the disguise of safety. So why do brokers take it so personally when we ask for transparency on your commission, and accuse us of being socialist for asking to "prove how much you take"? There was just a discussion on another thread about posting the rate, its irrelevant to me because I'm going to ask for more than they post anyway, but if everyone only takes 10 percent, wouldn't it be pretty easy to post your rate? Yes, I agree on the argument that dumb people accepting these loads is a large portion of the problem, but aren't the inexperienced and people new to the English language (who are the majority of truckers today ) being taken advantage of here? Wouldnt they haul for more if they knew the going rate for a truck was actually between 3 and 5 dollars per loaded mile? You good people get defensive here, and that shows you obviously care about what you do and that's good, but you are a tiny fraction of the industry in my opinion. I haul direct for the most part now, but the brokers I use pay me what I ask for. So I guess to make my point, why is it acceptable for me to have to tell the world wheni stop to pee (click off duty, then click restroom break), but its socialism to ask people to be honest about the rates? "

i see a lot of these posts about rates and transparency and margins, etc. to do with brokers and i ask myself, what do carriers do when they set up their own brokerage and offer the loads to their independants and leased owner ops. this is particularly sensitive when it comes to LTL. Does the driver know what the load is worth when he is offered a percentage of it? The originality of the rate comes from the company taking it, whether carrier or broker. So if this is the case, i dont think it is just the broker to blame here if there is anyone to blame at all. i have even heard of carriers accepting loads and then brokering what they can't handle. Is that any different a situation? As far as privacy goes, sorry, you have no privacy on the job, (i remember i couldnt even have a glass of wine in the big truck after shut down even as a passenger), but then you don't keep an elog in your little truck. Not sure where "socialism" comes into it, more like open market and free enterprise. Do you care how much work goes into booking a customer or a contract? Probably not and that's fair too. The assumption is that the truck makes all the effort when in fact there are many moving parts to making any load happen. Also, i guess i have to ask, if i am giving you what you need per mile and your driver is happy....?

Replied on Mon, Mar 02, 2020 at 10:29 PM CST

I looked into that honeylane.com site and all it did was irritate me. If their June example is accurate, it depicts the terrible spread brokers are taking off the top from the shippers, compared to what they are offering carriers. This is further proof of why it's so important for carriers/drivers to deal directly with shippers. 80% spread from one of the brokers? Give me a break! It gives a heck of a lot of room for negotiating, but, it shouldn't be necessary. If brokers took a decent rate (10%) right from the start and published an honest, and accurate, rate to the truck, things would be a lot better.

With all the intrusion the government has given us, it would be nice if they regulated the brokers, too. And despite "de-regulation" we are still regulated by the feds. The ELD is a good example.

And it's not just brokers trying to screw us. Buyers from grocery firms is another example. When a buyer wanted me to run dirt cheap with a load of banana's from Delaware to Chicago because his firm 'does not make very much on bananas', my answer was: "Do you really think I care how much your company makes on any product? I have my own business to run, with wages, employees insurance, company insurance, taxes to pay, and fuel to concider".

As of Saturday, i'm making a change to my operation. If you read my post under "rates are a joke" you learned that I'm adding a second rig to my little company. My nephew wants to run team with the new driver I'm putting on, until the new rig gets here. So, I'm looking for longer runs now, preferable out west. (cringe) I was quoted a produce rate I did not like from a buyer for Jewel Foods. This morning I learned that his rate is comparable to what other grocery firms in Chicago are having their products hauled for. So, if I can find a profitable load heading for Phoenix and/or L.A., or possibly the Northwest, I will contact the Jewel representative and see if I can sign on with them again. At the rate he quoted me over a week ago. With what brokers are offering these produce loads for, after their 30 to 35% cut off the top, you know I won't use them.

Hope brokers read this thread!

Replied on Tue, Mar 03, 2020 at 08:27 AM CST
Nancy I can't argue with what you said. You are correct. I'm aware of how much time and effort goes into booking ect. Its almost a full time job for my wife with one truck and 2 trailers and shouldn't she be paid for her time? With most of the rates offered, shed make pennies after the trucks operating expenses. And yes if the trucking company is happy with what you offer and you take a larger percentage then everyone is happy. Alot of my brokered loads pay 2.70 per l.m. I'm content.....but I know what they take. Aren't we cultivating a society of truckers that are being brainwashed into thinking that 1.50 to 2.00 per loaded mile is ok? I'd say yes, it's free market capitalism, its competition. I'd be ok with all of that if there wasn't a constant revolving door of failure from the truck side. There's a constant flow of new people coming in to replace the ones that went broke. That is predatory. It is taking advantage of inexperience. If taking x percent is acceptable and fair, why hide it during the rate negotiation?

I know many trucking companies that broker loads to help with capacity with customers. I've considered it myself. The ones I've used take 2 bucks per ton wether the load pays 30 or 90 dollars per ton. Is that everyone? Heck no. Is every trucker unsafe? Heck no. But every trucker is restricted as if they are. I brought up socialism because when I've had this discussion in the past, I've been told that transparency is socialism.

My question to you nancy is this. If you offer someone a load and it pays 50 dollars per ton for 950 miles, they only have one year of experience, would they take that load if they knew you were getting paid 90 dollars per ton for it? 2nd question. How long is it until you're required to post the rate prior to negotiation? Our country is ruled by emotions because you can't argue with a victim. What happens when a tragedy brings a grieving mother before Congress, and she says, if the truck got a higher percentage of the load, they would do more maintenance and accident rates would drop because they'd be able to afford fresh brakes and reliable equipment.

I'm not blaming any one group. I'm just saying, why defend the lack of transparency during negotiations? And would a newbie haul a 1.50 PM mile if they knew they could get 3.17?
Replied on Tue, Mar 03, 2020 at 12:05 PM CST

I see a business opportunity for your wife Dale.

Replied on Tue, Mar 03, 2020 at 02:28 PM CST

My question to you nancy is this. If you offer someone a load and it pays 50 dollars per ton for 950 miles, they only have one year of experience, would they take that load if they knew you were getting paid 90 dollars per ton for it? 2nd question. How long is it until you're required to post the rate prior to negotiation? Our country is ruled by emotions because you can't argue with a victim. What happens when a tragedy brings a grieving mother before Congress, and she says, if the truck got a higher percentage of the load, they would do more maintenance and accident rates would drop because they'd be able to afford fresh brakes and reliable equipment.

if you can get a carrier to do $50/mt on 950 miles omg i need to work down there! Carriers here are well aware of where they need to be (wont even talk to you for less than $4/mile and no it doesnt matter if they are super b, tridems want even more) and what is the advantage for me to rape rate a new carrier that doesnt know better? somethings gonna go wrong and its me that's gonna suffer!!! i actually at that point would tell the greenies how much i am going to pay them.

Our carriers are ruled by expenses, not profit. i could care less about congress and i certainly wont use truckers who blame their poor maintenance on the rates they accept. if you treat your carriers like a business, you will get a business result.

if you want to know the rates, go get the damn customer for yourself! why should i do your work for you????

Replied on Tue, Mar 03, 2020 at 04:53 PM CST

Dale, sounds like you struck a nerve! Here's a fine example I got off ITS today from our rascly broker "friends".

SIX HUNDRED DOLLARS....gone!!!

Needless to say I've added ACME to my, Do Not Haul list.

Replied on Wed, Mar 04, 2020 at 07:13 AM CST
Nancy please don't over react. I didn't accuse you of anything. And I have my own customers. They pay me between 3 and 5 dollars per loaded mile and pay me BEFORE I deliver. no matter how you look at it, if you are opposed to transparency, you ARE in favor of deception.

I was new at this once, if a little education helps the newbies not get hosed, it benefits everyone in the industry. I dont take advantage of people, I'm capable of hacking a living out of life without deception, or preying on morons. Have a good one nancy, I always enjoy a good debate.
Replied on Wed, Mar 04, 2020 at 07:13 AM CST
I had a real nice fella from texas call me a while back and explain to me that after a carrier hauls for a broker, if requested, the broker must provide all the financials of that job....
Replied on Wed, Mar 04, 2020 at 08:48 AM CST
Quote: "Nancy please don't over react. I didn't accuse you of anything. And I have my own customers. They pay me between 3 and 5 dollars per loaded mile and pay me BEFORE I deliver. no matter how you look at it, if you are opposed to transparency, you ARE in favor of deception. I was new at this once, if a little education helps the newbies not get hosed, it benefits everyone in the industry. I dont take advantage of people, I'm capable of hacking a living out of life without deception, or preying on morons. Have a good one nancy, I always enjoy a good debate. "

ok, so explain to me where the deception is. let's say you are a widget and i want to buy from another company that supplies widgets. do you really think it would be appropriate for the buyer to ask the seller how much that widgets cost them? if i dont like the price i am going to shop around to other widget manufacturers for a better price. i am sorry i have to give such a simple explanation for a complex industry but the emotion of all this seems to lay in your lap not mine. its just the way business works is all.

Replied on Wed, Mar 04, 2020 at 10:40 AM CST
Quote: "I had a real nice fella from texas call me a while back and explain to me that after a carrier hauls for a broker, if requested, the broker must provide all the financials of that job...."

This is true! I even had a particular brokerage attempt to get me to waive the right to use this law in my favor. Of course, I removed it from the contract before I sent it back. This is going to be a lengthy post but I think many can benefit from it.

"§ 371.3 Records to be kept by brokers.

(a) A broker shall keep a record of each transaction. For purposes of this section, brokers may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. The record shall show:

(1) The name and address of the consignor;

(2) The name, address, and registration number of the originating motor carrier;

(3) The bill of lading or freight bill number;

(4) The amount of compensation received by the broker for the brokerage service performed and the name of the payer;

(5) A description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and

(6) The amount of any freight charges collected by the broker and the date of payment to the carrier.

(b) Brokers shall keep the records required by this section for a period of three years.

(c) Each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules.

[45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997]"
People talk bad about OOIDA all they want but they are a wealth of incredibly useful information for the Owner Operator. Anyone saying otherwise is person with something to hide;
"It is important to always remember that there are valuable resources available to assist you in choosing legitimate brokers to do business with. For instance you can check the status of a broker’s authority on the FMCSA website http://www.fmcsa.dot.gov . If you do not have access to a computer you can call them at either of these numbers: 866-637-0635 or 202-385-2423.

Additional information that can be obtained at this site is Bond and Trust information. Go to the insurance screen…here you can obtain the bond company’s name and telephone number. Check the status of the bond before taking the load. If the broker authority is not active DO NOT TAKE THE LOAD.

There are also credit reporting services and tools available, such as RTS Credit Services, http://www.RTSCredit.com or 800-506-7438. At this time RTS offers 5 free credit checks.

Key things to remember and check before accepting a load through a broker:

*Ask for at least three (3) references. These should be carriers that have hauled for this broker consistently for one year. Check them.

*Do not move until you have a signed rate confirmation. Make sure the confirmation is complete with any additional charges you may incur, such as lumper fees, detention time, etc. Include a fuel surcharge to compensate for spiraling fuel costs. Once you sign and return the confirmation, it acts as your contract for that load.

*Use caution when asked to sign a Broker/Carrier Agreement. Avoid it if possible. If you decide to sign it, read it carefully. Make sure your position is stated. You as the carrier, want no relationship between yourself and the broker. Under no circumstance is the broker acting as your agent nor are you acting as the broker’s agent. If the broker/carrier agreement does not say this, WRITE IT IN, INITIAL AND DATE THE CHANGE.

*Make sure all information is correct on the paperwork you receive pertaining to the load. You need the correct broker name, correct bond information and so on.

*Never wait for payment past your agreed upon payment date. Chances are if they are not paying you on time, they are not paying any drivers on time. The bond is only $75,000; it does not take long to exhaust it.

*Anytime there is a change while you are in route that concerns your pay, get an amended confirmation before proceeding, (i.e. layover, extra stops, etc.)

*When hauling government loads, make sure you call ahead for delivery time verification.

*Take steps to ensure that the broker is paying you the percentage that was agreed upon. In order to do this you can turn to Title 49 CFR 371.3 of the FMCSRs. Here's the wording:

Under Title 49 CFR 371.3 Records are to be kept by brokers.

(a) A broker shall keep a record of each transaction. For purposes of this section, brokers may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. The record shall show:

(1)The name and address of the consignor;
(2)The name, address, and registration number of the originating motor carrier;
(3)The bill of lading or freight bill number;
(4)The amount of compensation received by the broker for the brokerage service performed and the name of the payer;
(5)A description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and
(6)The amount of any freight charges collected by the broker and the date of payment to the carrier.

(b)Brokers shall keep the records required by this section for a period of three
years.

(c)Each party to a brokered transaction has the right to review the record of the
transaction required to be kept by these rules.

This regulation is a very powerful tool for you to use when dealing with a broker to keep them honest. The impact of requesting this information after you haul the first load for a new broker is a strong tool to use. Remember 371.3 (c) states that each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules.

Whether the load was flat rated or a percentage the regulation still gives you the right to review the record. If this rule is ignored it is enforceable under private right of action, Federal law 49 USC 14704 (a), and 14707. This rule will allow you to obtain a court order requiring brokers to comply with regulations.

In the event you have to go to court to get this information private right of action also allows a court to award reasonable attorney's fee that the court can impose as part of the costs of the action.

* Remember—you need everything in writing and keep copies of all paperwork."

https://www.ooida.com/EducationTools/Tools/work-with-brokers.asp

Henry E. Seaton's book, "The Rules of The Road" of Seaton & Hush transportion law firm is another awesome resource for the saavy motor carrier. The Articles section of the his website is indespensible as well.

http://www.transportationlaw.net/book_order.html

For the lease operator the FMCSA has also made provisons to protect them as well. It's called the, "Truth-In-Leasing" law. Again, the lease op is entitled by law to see the rates the motor carrier is getting from it's customers and the percentage that's being given to the lease operator:

"Whether you are a smaller owner/operator of a trucking outfit or a large motor carrier hiring owner/operators to haul freight for you, you need to be aware of a number of regulations that you have to follow when it comes to the final settlement of the owner/operator’s final payment. The Federal Highway Administration’s Truth-in-Leasing regulations, found at 49 C.F.R. § 376.12, mandate that leases between motor carriers and truck owner-operators contain certain provisions. The Truth-in-Leasing regulations further require that motor carriers adhere to and perform those mandatory provisions. Section 14704(a)(2) of the Truth-in Leasing regulations creates a right of action for owner/operators to recover damages for violation of the Truth-in-Leasing regulations.

If you are an owner/operator or motor carrier and you are about to enter into a contract, then it would be best to hire an attorney review the contract before you sign it to make sure it complies with the Truth-in-Leasing regulations. If you’re an owner/operator that has already entered into a contract and you feel like the motor carrier is failing to pay you at the proper rate or is making unexplained deductions from your final bill, you should hire an attorney to represent you against the motor carrier to make sure you are being paid what you are owed. Because the motor carrier is the party with all of the information and documents, they can sometimes take advantage of smaller trucking outfits by failing to provide the required documentation showing the proper rates and deductions for your loads. An attorney will be able to review the contract to make sure it follows the Truth-in-Leasing regulations or, if there is already a contract and you feel the motor carrier is not being transparent, an attorney can help you force the motor carrier to provide the proper documentation in order to determine whether or not the rates and deductions are correct. Hiring an attorney at the outset will help make sure the lease itself follows the rules and will likely save you litigation expenses down the road. If you think you’ve already lost money as a result of violations of the Truth-in-Leasing regulations, then you need to protect your rights and make sure the motor carrier you are working with has provided you with the information you need to make sure you’ve been properly paid.

Some of the most common violations of the Truth-in-Leasing regulations are found in § 376.12(f), (g), and (h). Each of those provisions are discussed below:

1. Section 376.12(f) – Failure of the Motor Carrier to pay the Owner/Operator within 15 days.

Section 376.12(f) requires that the lease specify that payment to the lessor shall be made within fifteen (15) days after the submission of the necessary delivery documents and other paperwork concerning a trip in the service of the authorized carrier. 49 C.F.R. § 376.12(f). The statute also requires that the carrier adhere to and perform each provision, meaning the carrier is required to make payments to the lessor within fifteen (15) days after the necessary paperwork is submitted.

Especially for smaller trucking outfits, waiting to get paid can cause serious problems with bookkeeping and even keeping the company afloat. If you’ve provided the bill of lading and freight information from the transportation of the load, you should be compensated within fifteen (15) days. Any contract that forces you to wait longer is in violation of Truth-in-Leasing regulations.

2. Section 376.12(g) – Failure of the Motor Carrier to provide copies of the Rated Freight Bill.

Section 376.12(g) requires that when “revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill or a computer-generated document containing the same information, or, in the case of contract carriers, any other form of documentation actually used for a shipment contained the same information that would appear on a rated freight bill.” 49 C.F.R. § 376.12(g). The statute continues, “Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier’s tariff or, in the case of contract carriers, other documents from which rates and charges are computed[.]”

This provision is crucial for an owner/operator because the owner/operator needs the rated freight bills in order to confirm that the rate it has been paid was correct. If you are working with a motor carrier that refuses to turn over complete rated freight bills or similar documents, then you are at a distinct disadvantage if you were to ever challenge the amount you were paid on a load. Do not delay on protecting your right to see the rated freight bills.

3. Section 376.12(h) – Failure of the Motor Carrier to provide documentation for deductions from the final settlement amount.

Section 376.12(h) provides: “The lease shall clearly specify all items that may be initially paid for by the authorized carrier, but ultimately deducted from the lessor’s compensation at the time of payment or settlement, together with a recitation as to how the amount of each item is to be computed. The lessor shall be afforded copies of those documents which are necessary to determine the validity of the charge.” 49 C.F.R. § 376.12(h). The “primary goal of this regulatory scheme is to prevent large carriers from taking advantage of individual owner-operators due to their weak bargaining position.” Owner-Operator Indep. Drivers Ass’n, Inc. v. Swift Transp. Co., Inc. (AZ), 632 F.3d 1111, 1115 (9th Cir. 2011). “One way to ensure carriers do not take advantage of lessors is to mandate that carriers disclose the full costs that lessors will be obligated to pay up front. This prevents carriers from hiding fees until the charges have already been incurred and allows lessors to make informed decisions about where to seek products and services.” Swift, 632 F.3d at 1115. Section 376.12(h) imposes two disclosure requirements on the use of charge-backs in a motor carrier’s leasing agreements. Landstar, 622 F.3d at 1320. First, the motor carrier shall “clearly specify” in the lease “all items that may be initially paid for by the authorized carrier, but ultimately deducted from the lessor’s compensation at the time of payment or settlement, together with a recitation as to how the amount of each item is to be computed.” Id. Second, the motor carrier must also “afford [ ] copies of those documents [to the lessor] which are necessary to determine the validity of the charge.” Id.

Just like with rated freight bills, if you feel the motor carrier is not providing you with adequate information on the deductions they are taking from your payment, you need to protect your rights and force them to turn over those documents. As an owner/operator, you have a right to have those deductions and charges explained. Don’t let a motor carrier get away with overcharging you for deductions and charges.

4. Motor Carriers are liable to Owner/Operators for Attorney’s Fees if they are found to have violated the Truth-in-Leasing regulations.

Under 49 U.S.C. § 14704(e), prevailing plaintiffs in an action under 49 U.S.C. § 14704 are entitled to an award of attorney fees. This is also crucial for smaller owner/operators to know. No matter how small the mistake was, the motor carrier will be held liable for attorney’s fees if they failed to abide by the Truth-in-Leasing regulations. The drafters of the statute anticipated that smaller owner/operators might not have the resources to pay for an attorney collect on small amounts that might be improperly withheld or deducted from final settlement amount. This provision allows those attorney’s fees to be paid by the violating motor carrier.

In sum, there are a number of protections that owner/operators have under the Truth-in-Leasing regulations against a lazy, unorganized or greedy motor carrier. If you carried the load, you deserve to be fully compensated for that work. Protect your rights and get an expert on your side that knows the law. If you feel like you are working with a motor carrier that is violating the Truth-in-Leasing rules or if you are a motor carrier and you’re not sure if your contract complies with the Truth-in-Leasing regulations, contact me today for a free consultation.

https://joelarsonlaw.com/2015/05/15/trucking-law-transparency-in-truth-in-leasing/

"§ 376.12 Lease requirements.

Except as provided in the exemptions set forth in subpart C of this part, the written lease required under § 376.11(a) shall contain the following provisions. The required lease provisions shall be adhered to and performed by the authorized carrier.

(a) Parties. The lease shall be made between the authorized carrier and the owner of the equipment. The lease shall be signed by these parties or by their authorized representatives.

(b) Duration to be specific. The lease shall specify the time and date or the circumstances on which the lease begins and ends. These times or circumstances shall coincide with the times for the giving of receipts required by § 376.11(b).

(c) Exclusive possession and responsibilities.

(1) The lease shall provide that the authorized carrier lessee shall have exclusive possession, control, and use of the equipment for the duration of the lease. The lease shall further provide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease.

(2) Provision may be made in the lease for considering the authorized carrier lessee as the owner of the equipment for the purpose of subleasing it under these regulations to other authorized carriers during the lease.

(3) When an authorized carrier of household goods leases equipment for the transportation of household goods, as defined by the Secretary, the parties may provide in the lease that the provisions required by paragraph (c)(1) of this section apply only during the time the equipment is operated by or for the authorized carrier lessee.

(4) Nothing in the provisions required by paragraph (c)(1) of this section is intended to affect whether the lessor or driver provided by the lessor is an independent contractor or an employee of the authorized carrier lessee. An independent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. 14102 and attendant administrative requirements.

(d) Compensation to be specified. The amount to be paid by the authorized carrier for equipment and driver's services shall be clearly stated on the face of the lease or in an addendum which is attached to the lease. Such lease or addendum shall be delivered to the lessor prior to the commencement of any trip in the service of the authorized carrier. An authorized representative of the lessor may accept these documents. The amount to be paid may be expressed as a percentage of gross revenue, a flat rate per mile, a variable rate depending on the direction traveled or the type of commodity transported, or by any other method of compensation mutually agreed upon by the parties to the lease. The compensation stated on the lease or in the attached addendum may apply to equipment and driver's services either separately or as a combined amount.

(e) Items specified in lease. The lease shall clearly specify which party is responsible for removing identification devices from the equipment upon the termination of the lease and when and how these devices, other than those painted directly on the equipment, will be returned to the carrier. The lease shall clearly specify the manner in which a receipt will be given to the authorized carrier by the equipment owner when the latter retakes possession of the equipment upon termination of the lease agreement, if a receipt is required at all by the lease. The lease shall clearly specify the responsibility of each party with respect to the cost of fuel, fuel taxes, empty mileage, permits of all types, tolls, ferries, detention and accessorial services, base plates and licenses, and any unused portions of such items. The lease shall clearly specify who is responsible for loading and unloading the property onto and from the motor vehicle, and the compensation, if any, to be paid for this service. Except when the violation results from the acts or omissions of the lessor, the authorized carrier lessee shall assume the risks and costs of fines for overweight and oversize trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of the lessor's control, and for improperly permitted overdimension and overweight loads and shall reimburse the lessor for any fines paid by the lessor. If the authorized carrier is authorized to receive a refund or a credit for base plates purchased by the lessor from, and issued in the name of, the authorized carrier, or if the base plates are authorized to be sold by the authorized carrier to another lessor the authorized carrier shall refund to the initial lessor on whose behalf the base plate was first obtained a prorated share of the amount received.

(f) Payment period. The lease shall specify that payment to the lessor shall be made within 15 days after submission of the necessary delivery documents concerning a trip in the service of the authorized carrier. The documentation required before the lessor can receive payment is limited to log books required by the Department of Transportation and those documents necessary for the authorized carrier to secure payment from the shipper. In addition, the lease may provide that, upon termination of the lease agreement, as a condition precedent to payment, the lessor shall remove all identification devices of the authorized carrier and, except in the case of identification painted directly on equipment, return them to the carrier. If the identification device has been lost or stolen, a letter certifying its removal will satisfy this requirement. Until this requirement is complied with, the carrier may withhold final payment. The authorized carrier may require the submission of additional documents by the lessor but not as a prerequisite to payment. Payment to the lessor shall not be made contingent upon submission of a bill of lading to which no exceptions have been taken. The authorized carrier shall not set time limits for the submission by the lessor of required delivery documents.

(g) Copies of freight bill or other form of freight documentation. When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier's tariff or, in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract of a contract carrier, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation.

(h) Charge-back items. The lease shall clearly specify all items that may be initially paid for by the authorized carrier, but ultimately deducted from the lessor's compensation at the time of payment or settlement, together with a recitation as to how the amount of each item is to be computed. The lessor shall be afforded copies of those documents which are necessary to determine the validity of the charge.

(i) Products, equipment, or services from authorized carrier. The lease shall specify that the lessor is not required to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement. The lease shall specify the terms of any agreement in which the lessor is a party to an equipment purchase or rental contract which gives the authorized carrier the right to make deductions from the lessor's compensation for purchase or rental payments.

(j) Insurance.

(1) The lease shall clearly specify the legal obligation of the authorized carrier to maintain insurance coverage for the protection of the public pursuant to FMCSA regulations under 49 U.S.C. 13906. The lease shall further specify who is responsible for providing any other insurance coverage for the operation of the leased equipment, such as bobtail insurance. If the authorized carrier will make a charge back to the lessor for any of this insurance, the lease shall specify the amount which will be charged-back to the lessor.

(2) If the lessor purchases any insurance coverage for the operation of the leased equipment from or through the authorized carrier, the lease shall specify that the authorized carrier will provide the lessor with a copy of each policy upon the request of the lessor. Also, where the lessor purchases such insurance in this manner, the lease shall specify that the authorized carrier will provide the lessor with a certificate of insurance for each such policy. Each certificate of insurance shall include the name of the insurer, the policy number, the effective dates of the policy, the amounts and types of coverage, the cost to the lessor for each type of coverage, and the deductible amount for each type of coverage for which the lessor may be liable.

(3) The lease shall clearly specify the conditions under which deductions for cargo or property damage may be made from the lessor's settlements. The lease shall further specify that the authorized carrier must provide the lessor with a written explanation and itemization of any deductions for cargo or property damage made from any compensation of money owed to the lessor. The written explanation and itemization must be delivered to the lessor before any deductions are made.

(k) Escrow funds. If escrow funds are required, the lease shall specify:

(1) The amount of any escrow fund or performance bond required to be paid by the lessor to the authorized carrier or to a third party.

(2) The specific items to which the escrow fund can be applied.

(3) That while the escrow fund is under the control of the authorized carrier, the authorized carrier shall provide an accounting to the lessor of any transactions involving such fund. The carrier shall perform this accounting in one of the following ways:

(i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition made to the escrow fund; or

(ii) By providing a separate accounting to the lessor of any transactions involving the escrow fund. This separate accounting shall be done on a monthly basis.

(4) The right of the lessor to demand to have an accounting for transactions involving the escrow fund at any time.

(5) That while the escrow fund is under the control of the carrier, the carrier shall pay interest on the escrow fund on at least a quarterly basis. For purposes of calculating the balance of the escrow fund on which interest must be paid, the carrier may deduct a sum equal to the average advance made to the individual lessor during the period of time for which interest is paid. The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yield on 91-day, 13-week Treasury bills as established in the weekly auction by the Department of Treasury.

(6) The conditions the lessor must fulfill in order to have the escrow fund returned. At the time of the return of the escrow fund, the authorized carrier may deduct monies for those obligations incurred by the lessor which have been previously specified in the lease, and shall provide a final accounting to the lessor of all such final deductions made to the escrow fund. The lease shall further specify that in no event shall the escrow fund be returned later than 45 days from the date of termination.

(l) Copies of the lease. The parties must sign the lease. The authorized carrier shall keep a copy and shall place another copy of the lease on the equipment during the period of the lease unless a statement as provided for in § 376.11(c)(2) is carried on the equipment instead. The owner of the equipment shall keep a copy of the lease.

(m) This paragraph applies to owners who are not agents but whose equipment is used by an agent of an authorized carrier in providing transportation on behalf of that authorized carrier. In this situation, the authorized carrier is obligated to ensure that these owners receive all the rights and benefits due an owner under the leasing regulations, especially those set forth in paragraphs (d)-(k) of this section. This is true regardless of whether the lease for the equipment is directly between the authorized carrier and its agent rather than directly between the authorized carrier and each of these owners. The lease between an authorized carrier and its agent shall specify this obligation.

[44 FR 4681, Jan. 23, 1979, as amended at 45 FR 13092, Feb. 28, 1980; 47 FR 28398, June 30, 1982; 47 FR 51140, Nov. 12, 1982; 47 FR 54083, Dec. 1, 1982; 49 FR 47851, Dec. 7, 1984; 51 FR 37406, 37407, Oct. 22, 1986; 52 FR 2412, Jan. 22, 1987; 57 FR 32905, July 24, 1992; 62 FR 15424, Apr. 1, 1997; 83 FR 16224, Apr. 16, 2018; 83 FR 24228, May 25, 2018]
Tons of protection and regulaton in place to protect the motor carrier and keep things more transparaent. Sadly, so many jump into the business without knowing anything at all. Even worse, the ones who have the information at their fingertips yet still chose to not utilize any of it to their advantage. I was talking to a young guy at the pump a few months ago and he was complaining about a broker contract he recently signed. I was shocked he actually read it which is why I offered some advice. I asked him why he agreed to the terms and he said he thought he HAD to. I mentioned editing the contract to him (or walking away entirely) and he looked puzzled and said he didn't know he could edit them! Well, of course you can! Stand your ground. A contract is TWO way street. Negotiate or turn it down. The broker can choose to not accept it but it's better to walk away unharmed than crawl away later after being ripped off. I routinely turn down and/or negotiate broker BCAs. I highly recommend the rest of you do as well.
Replied on Wed, Mar 04, 2020 at 11:45 AM CST
Quote: "ok, so explain to me where the deception is. let's say you are a widget and i want to buy from another company that supplies widgets. do you really think it would be appropriate for the buyer to ask the seller how much that widgets cost them? if i dont like the price i am going to shop around to other widget manufacturers for a better price. i am sorry i have to give such a simple explanation for a complex industry but the emotion of all this seems to lay in your lap not mine. its just the way business works is all."

I can't speak for Dale but IMO the deception comes in when most carriers are under the false impression that brokers only take 10-15 percent off the total rate. In reality a large majority of brokers are actually taking 35-55 percent AND/OR the accesssorials like stops/picks, layover, tarp, detention and fuel surcharges. Also, I agree 100 percent with Dale in regards to transparency. It helps protect those new to the industry from being taken advantage of by unscrupulous vultures seeing a new DOT number. It's theft by deception.

WHAT IS THEFT BY DECEPTION?

Theft by deception is a type of theft crime when someone intentionally obtains or withholds someone else’s property by deceiving them. In Pennsylvania, someone can be guilty of theft by deception if he or she intentionally does any of the following:

  • Create or reinforce a false impression, including impressions about a law, value, intention or some other state of mind.
  • Keep someone else from acquiring the information that would affect their judgment about a transaction.
  • Fails to correct a false impression that they previously created or or that they know is influencing someone that with whom they have a fiduciary or confidential relationship.

The exception to this is that if you have made false statements about matters that have no financial significance or if you make exaggerated statements that would not deceive ordinary people in the group you are speaking to. This would not be theft by deception.

WHAT IS THE PENALTY FOR THEFT BY DECEPTION IN PENNSYLVANIA?

Under Pennsylvania law, the seriousness of the grading for theft is based on the value of the property taken.

In most cases, if the property’s value is:

  • More than $2000 — felony of the third degree, punished with up to seven years in prison and a fine up to $15,000
  • $2,000 to $200 — misdemeanor of the first degree, punished with up to five years in prison and a fine up to $10,000
  • $200 to $50 — misdemeanor of the second degree, punished with up to two years in prison and a fine up to $5,000
  • Less than $50 — misdemeanor of the third degree, punished with up to one year in prison and a fine up to $2,500

https://www.pittsburghcriminalattorney.com/theft/theft-by-deception/

Replied on Wed, Mar 04, 2020 at 11:47 AM CST
Quote: "ok, so explain to me where the deception is. let's say you are a widget and i want to buy from another company that supplies widgets. do you really think it would be appropriate for the buyer to ask the seller how much that widgets cost them? if i dont like the price i am going to shop around to other widget manufacturers for a better price. i am sorry i have to give such a simple explanation for a complex industry but the emotion of all this seems to lay in your lap not mine. its just the way business works is all."

Do widget manufacturers go broke on the scale of trucking companies? Do you expect me to believe that trucking companies are just less business savvy in general than all other companies? Would better negotiating skills have saved the thousands of companies that went broke, or would less fingers in the cookie jar have saved them?
Replied on Wed, Mar 04, 2020 at 11:47 AM CST
If and when I do broker a load,the percentage is always the same,it does not change for different people and am straight up honest if asked what it is,and what the rate is,you can do the math.If somebody wants to hide what the rate is then you should question it,and just not haul for them,I believe in transparencey,and expect it in return if I have to take a load for one of my trucks.The only way this industry is going to continue to work is if we all work together.I just saw a large broker step in and butcher a rate,by about 300-400 from Nebraska to Utah,I actually called them to express my opinion on it,was told "we have loaded 3 of those already this week".Ask yourself is that company,(not supposed to say TQL)takes that load that was paying $85 a ton and probably still is,worth 300-400 for them just to pass it on to somebody else?
Replied on Wed, Mar 04, 2020 at 11:48 AM CST
Maybe you're right Nancy. Here's my deal, every trucker that posts on this subject always admits that willing victims are part of the problem. I've never seen anyone in your position admit that some people in your position can contribute to the problem.

If my opinion is wrong, why do us truckers get calls from shippers wanting to do business with us after we make comments like this? Again, I'm NOT saying all brokers are bad.
Replied on Wed, Mar 04, 2020 at 02:31 PM CST
Quote: "Maybe you're right Nancy. Here's my deal, every trucker that posts on this subject always admits that willing victims are part of the problem. I've never seen anyone in your position admit that some people in your position can contribute to the problem. If my opinion is wrong, why do us truckers get calls from shippers wanting to do business with us after we make comments like this? Again, I'm NOT saying all brokers are bad."

oh i totally agree with your comment that brokers are not only part but play a MAJOR role in contributing to this problem. Mostly because the people they hire are so utterly untrained. i know this because i talk with them. the more untrained people you invite to your party the bigger the risk of it failing. You get called direct from shippers because they want to save money, and they dont care where they do it. the thing is you cant cover all the loads they want moved so what do you do? they dont want carriers that cherry pick their loads, they want someone to handle their account et al. so both companies have a role to play, hopefully everyone plays fair and everyone wins. with most like me in bulk, we follow the $2 rule, but i will tell you, more times than not, it gets shaved down to a buck. not even a 10% margin, more like 4%

Replied on Wed, Mar 04, 2020 at 07:16 PM CST
Nancy, I've never done business with you but I'd be willing to bet you're one of the good ones. And just so I dont give off the impression of a total A hole, I'll give some credit where it's due. All star trading, thor ag, excelsior logistics, h & s logistics and northwest transportation. I've only done a few loads for some of those names, but they've all been pleasant, professional, and accommodating with poor weather situation ect. I'd recommend them to anyone
Replied on Sat, Mar 07, 2020 at 06:36 PM CST

skip the middleman i've got flatbed loads weighing 44,000 going from dallas to memphis paying $1200 contact me at (626) 644-5172 !

Replied on Sun, Mar 08, 2020 at 05:18 PM CST
Quote: "skip the middleman i've got flatbed loads weighing 44,000 going from dallas to memphis paying $1200 contact me at (626) 644-5172 !"

You ARE the middleman and your rates are still garbage.

Replied on Mon, Sep 21, 2020 at 07:05 AM CST
- 3
Quote: "Do you have a few phone numbers Any one know a few good brokers in Texas Would gladly appreciate."

Call 336 409-8844 we have great rates with direct shippers for flatbed, reefer and dry van.
Replied on Thu, Dec 31, 2020 at 07:19 AM CST
So because a truck owner doesn’t know how to negotiate it’s the brokers fault? You’re some kind of a simpleton.
Replied on Thu, Dec 31, 2020 at 07:19 AM CST
Quote: "He may be a great guy but the last load I checked with him on was a 630 mile trip from kanopolis KS to Evansville Mn. He was paying 46T. Do the math. I don't care how nice you or how much you care I wont run my truck for rates like that."

Someone will or he will pay up to move it. Plain and simple. You folks some, rely on brokers and yet you bad mouth em cause you can’t negotiate a good rate. So it’s always someone else’s fault I’m so done with stupid people.
Replied on Thu, Dec 31, 2020 at 03:42 PM CST

problem I see in the bulk industry is ...

The brokers are making money off set rates with no worry about cutting rates down to keep the work they get ..

Meanwhile the truck expenses keep racking up over cut rates

Replied on Fri, Jan 01, 2021 at 04:27 PM CST

Thanks for that info. I will be needing s good broker and I am in wichita . Would like local broker .

Replied on Fri, Sep 17, 2021 at 08:56 AM CST

Thank you, this information that you gave me was helpful, it is essential to have a good sales agent with whom we communicate and get along. Now I understand that it is better to have a local broker than one we can have online with speedpak shipping. I always bring all my goods home, and that comes quickly. I am glad that they have a broker who does his job and is always ready to make a new order. Very much it matters the sales agent for a transport company to take the goods to other countries.

Replied on Fri, Sep 17, 2021 at 04:12 PM CST
Quote: "hello, i was wondering if anyone knew of some good brokers around the NC area? i havent been able to find very many saldy. thanks."

Marlene Doar, Rocky Wells. Excellent!

Replied on Fri, Sep 17, 2021 at 04:13 PM CST
Quote: "I posted this on another thread by accident. Anyway, another example from this morning. A single 80 mile run broker wants to pay $225. I get a load list daily from the same customer and they want to get it moved for $325. So the broker is trying to take THIRTY PERCENT of a rate that already way too low. It's these parasitic antics that give brokers a bad name."

Oh but the $225 for 80 miles is almost 3/mile! Those loads would have to pay a minimum of 500 for me to even look at them. Minimum you are looking at 4 hours of work. Your truck and time is worth more than 56.25/hour! I, myself know that in shorter trips the hourly rate needs to be up there in order for things to work! You may have a load that only goes one mile for 350 dollars, but if you have to sit in line to load and unload and basically eat up your time clock doing it, that $325/mile load is not worth crap!

There is a certain amount of wisdom that comes with experience! You need to know your worth, your truck's worth and your company's worth before you take a load!

Replied on Sat, Sep 18, 2021 at 08:06 PM CST
Quote: "Thank you, this information that you gave me was helpful, it is essential to have a good sales agent with whom we communicate and get along. Now I understand that it is better to have a local broker than one we can have online with speedpak shipping. I always bring all my goods home, and that comes quickly. I am glad that they have a broker who does his job and is always ready to make a new order. Very much it matters the sales agent for a transport company to take the goods to other countries."

Quoted Message: Thank you, this information that you gave me was helpful, it is essential to have a good sales agent with whom we communicate and get along. Now I understand that it is better to have a local broker than one we can have online with speedpak shipping. I always bring all my goods home, and that comes quickly. I am glad that they have a broker who does his job and is always ready to make a new order. Very much it matters the sales agent for a transport company to take the goods to other countries.
Replied on Tue, Sep 21, 2021 at 08:05 AM CST
Quote: "You ARE the middleman and your rates are still garbage."

Boom! 😳😂

Replied on Fri, Sep 24, 2021 at 09:42 AM CST
Quote: "Do you have a few phone numbers Any one know a few good brokers in Texas Would gladly appreciate."

(903)467-5100

https://circleabrokers.com/