Detention 2 - Bulk Trucking Forum & Discussion Board & Bulkloads.com

{ "forumId": 44846, "postTypeId": 1, "postType": "Forum", "forumTitle": "Detention", "forumContent": "Ok I have a question. Does anyone know of any rules or regulation regarding detention?? Today will mark the third day one of our trucks has been stuck on site. We have asked for detention, we have asked to be diverted to another location and all requests have been refused. I am to the point of just dumping this crap on the ground and moving on. The equipment they have on location keeps breaking down and storage capacity is minimal.\n \n I am looking for a way to resolve this without causing undue turmoil. Any help will be appreciated.\n", "forumContentHtml": "Ok I have a question. Does anyone know of any rules or regulation regarding detention?? Today will mark the third day one of our trucks has been stuck on site. We have asked for detention, we have asked to be diverted to another location and all requests have been refused. I am to the point of just dumping this crap on the ground and moving on. The equipment they have on location keeps breaking down and storage capacity is minimal. \r\n \r\nI am looking for a way to resolve this without causing undue turmoil. Any help will be appreciated. ", "thumbUrl": "", "dateAdded": "2017-01-13T13:05:06Z", "lastPost": "2017-01-14T21:54:17Z", "views": 3546, "likes": 0, "dislikes": 1, "messageCount": 9, "premiumOnly": 0, "isfeatured": 0, "showInDays": -100, "showDate": "", "forumLink": "", "youtubeVideoId": "", "approved": 1, "active": 1, "alias": "detention-2", "forumUrl": "https://www.bulkloads.com/forum/detention-2/", "userId": 37932, "firstName": "EDD", "lastName": "MCGILL", "companyName": "EL CARRETON EXPRESS LLC", "email": "[email protected]", "city": "Texarkana", "state": "TX", "userCommentCount": 149, "userLikes": 13, "replies": [ { "replyId": 39329, "content": "technically if you dump it on their property, you can call it delivered :)\n", "contentHtml": "technically if you dump it on their property, you can call it delivered :) ", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2013-10-30", "dateAdded": "2017-01-13T17:31:47Z", "likes": 0, "dislikes": 0, "approved": 1, "userId": 12560, "firstName": "NANCY", "lastName": "HARDER", "companyName": "CORBO AGRO LTD.", "email": "[email protected]", "city": "SASKATOON", "state": "SK", "userCommentCount": 258, "userLikes": 166, "userDislikes": 18, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39332, "content": "I have been known to threaten them with dumping it at their front door and it usually gets their attention,I haven't actually had to do it yet but in 31 years it has worked several times", "contentHtml": "I have been known to threaten them with dumping it at their front door and it usually gets their attention,I haven't actually had to do it yet but in 31 years it has worked several times", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2011-01-06", "dateAdded": "2017-01-13T18:32:54Z", "likes": 0, "dislikes": 0, "approved": 1, "userId": 3565, "firstName": "BRYAN", "lastName": "SPIRES", "companyName": "SPIRES ENTERPRISES INC", "email": "[email protected]", "city": "Thompson", "state": "MO", "userCommentCount": 8, "userLikes": 1, "userDislikes": 2, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39333, "content": "\n First off wast the truck at the destination on time? If he was then rule of thumb is 2 hours free and then paid for after. Your truck was hired to transport the shippers product to the destination and as long as those criteria have been met then you are entitled to detention. We give the first 2 hours free and then we charge 65/hour after that. it is not a huge amount but we are not trying to make a living on detention.\n \n Hopefully you are not on a double brokered load as that may pose problems.\n \n Your truck isn't sitting in Indiana is it?", "contentHtml": "\r\n\tFirst off wast the truck at the destination on time? If he was then rule of thumb is 2 hours free and then paid for after. Your truck was hired to transport the shippers product to the destination and as long as those criteria have been met then you are entitled to detention. We give the first 2 hours free and then we charge 65/hour after that. it is not a huge amount but we are not trying to make a living on detention. \r\n\t \r\n\tHopefully you are not on a double brokered load as that may pose problems. \r\n\t \r\n\tYour truck isn't sitting in Indiana is it?", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2012-02-03", "dateAdded": "2017-01-13T20:05:14Z", "likes": 0, "dislikes": 0, "approved": 1, "userId": 6482, "firstName": "Ed", "lastName": "Mcconnell", "companyName": "ET TRUCKING LLC", "email": "[email protected]", "city": "Casselton", "state": "ND", "userCommentCount": 368, "userLikes": 93, "userDislikes": 1, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39334, "content": "Finally!!! The truck is empty. \n \n Mr Ed, Yes sir, we met all the requirements of good quality customer service. We usually get detention pay on everything we haul for this customer but for some reason not this one. Im really trying to find out where to locate rules or regs relating to an \"obligation\" to pay it. Our truck arrived in the early hours of weds morning and found 26 trucks ahead of him. Today there was nearly 30 behind him...... \n \n Not Indiana.........Odessa, Texas", "contentHtml": "Finally!!! The truck is empty. \r\n \r\nMr Ed, Yes sir, we met all the requirements of good quality customer service. We usually get detention pay on everything we haul for this customer but for some reason not this one. Im really trying to find out where to locate rules or regs relating to an "obligation" to pay it. Our truck arrived in the early hours of weds morning and found 26 trucks ahead of him. Today there was nearly 30 behind him...... \r\n \r\nNot Indiana.........Odessa, Texas", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2014-11-11", "dateAdded": "2017-01-13T20:15:32Z", "likes": 1, "dislikes": 1, "approved": 1, "userId": 37932, "firstName": "EDD", "lastName": "MCGILL", "companyName": "EL CARRETON EXPRESS LLC", "email": "[email protected]", "city": "Texarkana", "state": "TX", "userCommentCount": 149, "userLikes": 13, "userDislikes": 8, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39335, "content": "detention time is funny thing that you don't really want to get caught up in. I agree that we should be paid detention time but unless you have an msa accompanied by a contract spelling out the terms and conditions its pretty much impossible to get paid detention unless the shipper or carrier has it built into the load. where it gets tricky is.... you say you deserve detention for having to wait and I agree you should , but on the other hand if you have a load on and for any reason , break down hours of service etc. etc. and the reciever runs out of product and has to wait on you , do you feel obligated to pay that reciever for the man hours and the costs of operation.... say.... 10 men at 10 dollars per hour waiting doing nothing for 5 hours until you get there with product so that they can resume operations ? the only way tomake the playing field level is to make all parties responsible and have all adhere to the same rules and obligations. I was involved in a situation once where we got detention time if held up at an unload but we were bound on both sdes by the contract, 1 driver was late 7 hours and shut the rig down..... and we were back charged over 6000 dollars while they waited on him to arrive, so while detention does sound great it can both wprk for and against you.", "contentHtml": "detention time is funny thing that you don't really want to get caught up in. I agree that we should be paid detention time but unless you have an msa accompanied by a contract spelling out the terms and conditions its pretty much impossible to get paid detention unless the shipper or carrier has it built into the load. where it gets tricky is.... you say you deserve detention for having to wait and I agree you should , but on the other hand if you have a load on and for any reason , break down hours of service etc. etc. and the reciever runs out of product and has to wait on you , do you feel obligated to pay that reciever for the man hours and the costs of operation.... say.... 10 men at 10 dollars per hour waiting doing nothing for 5 hours until you get there with product so that they can resume operations ? the only way tomake the playing field level is to make all parties responsible and have all adhere to the same rules and obligations. I was involved in a situation once where we got detention time if held up at an unload but we were bound on both sdes by the contract, 1 driver was late 7 hours and shut the rig down..... and we were back charged over 6000 dollars while they waited on him to arrive, so while detention does sound great it can both wprk for and against you.", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2015-09-21", "dateAdded": "2017-01-13T20:35:00Z", "likes": 2, "dislikes": 0, "approved": 1, "userId": 69406, "firstName": "KEVIN", "lastName": "SINGLETARY", "companyName": "SINGLETARY TRUCKING", "email": "[email protected]", "city": "Livingston", "state": "TX", "userCommentCount": 404, "userLikes": 0, "userDislikes": 3, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39337, "content": "Way back in the day, when I was a dedicated hard working truck driver, I told a reciever that if they didn't dump me pretty soon, I was going to dump it for them. We sat for another couple hours and I walked out the door, grabbed my trap crank and let it fly and drove off. I was sitting on their scale at the time. I made it almost to the county line when I was pulled over by a county mountie who informed me that my presence was required back at the place I scattered the load all over. I spent the next 2 days scooping and bucketing the load back on my trailer. West Texas is usually hotter than a pistol in July and this was no exception. In the scale pit, it wasn't a lot cooler bringing a 5 gallon bucket of corn out more times than I care to remember to put it back in my trailer. Also pretty hot scooping the corn off the scale platform with a bunch of the reciever's employees and a Buford T Justice county cop watching my every move. Think twice before you let your temper get away from you and dump a load. It has consequenses other than the fines and the money it cost me to by that load. Every time I have one of my guys threaten to do that, I relate this story to them and ask them if they are ready to scoop and bucket 25 ton or so of the material back into the trailer or face jail time for illegal dumping. It usually calms them down. One would have thought that the aforementioned episode would have taught me not to lose my temper, but it took a few more similar lessons for me to get my head on straight, not to mention the empty pockets it cost me.", "contentHtml": "Way back in the day, when I was a dedicated hard working truck driver, I told a reciever that if they didn't dump me pretty soon, I was going to dump it for them. We sat for another couple hours and I walked out the door, grabbed my trap crank and let it fly and drove off. I was sitting on their scale at the time. I made it almost to the county line when I was pulled over by a county mountie who informed me that my presence was required back at the place I scattered the load all over. I spent the next 2 days scooping and bucketing the load back on my trailer. West Texas is usually hotter than a pistol in July and this was no exception. In the scale pit, it wasn't a lot cooler bringing a 5 gallon bucket of corn out more times than I care to remember to put it back in my trailer. Also pretty hot scooping the corn off the scale platform with a bunch of the reciever's employees and a Buford T Justice county cop watching my every move. Think twice before you let your temper get away from you and dump a load. It has consequenses other than the fines and the money it cost me to by that load. Every time I have one of my guys threaten to do that, I relate this story to them and ask them if they are ready to scoop and bucket 25 ton or so of the material back into the trailer or face jail time for illegal dumping. It usually calms them down. One would have thought that the aforementioned episode would have taught me not to lose my temper, but it took a few more similar lessons for me to get my head on straight, not to mention the empty pockets it cost me.", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2010-03-10", "dateAdded": "2017-01-13T22:08:17Z", "likes": 0, "dislikes": 0, "approved": 1, "userId": 653, "firstName": "Duane", "lastName": "Geiselman", "companyName": "FCFH TRANSPORTATION LLC", "email": "[email protected]", "city": "Holbrook", "state": "NE", "userCommentCount": 286, "userLikes": 4, "userDislikes": 1, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39339, "content": "good luck on odessa (sand) it is always that way they got me on it good rate on the run but didn't tell me i would be there two days to unload it was the last time i pulled a load into odessa", "contentHtml": "good luck on odessa (sand) it is always that way they got me on it good rate on the run but didn't tell me i would be there two days to unload it was the last time i pulled a load into odessa ", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "signUpDate": "2015-10-01", "dateAdded": "2017-01-13T22:41:48Z", "likes": 0, "dislikes": 0, "approved": 1, "userId": 70330, "firstName": "JOE", "lastName": "KELLY", "companyName": "SOUTHERN LOGISTICS, LLC", "email": "[email protected]", "city": "Ava", "state": "IL", "userCommentCount": 70, "userLikes": 0, "userDislikes": 1, "links": [], "files": [], "iLike": 0, "iDislike": 0 }, { "replyId": 39353, "content": "There are no regulations requiring detention pay. That has been discussed by the trucking lobby as a push-back to the increasing burden of new HOS regulations which place additional burdens on truckers but do nothing to stop shippers and receivers from abusing truckers and causing unreasonable delays, however, discussion of mandatory demurrage ended since the FMCSA has no authority to regulate shippers or receivers. Discussion of demurrage needs to happen before you ever accept the load, which can be difficult with brokers. Under no circumstance ever accept a mutual demurrage. My company has some customers that have downtime costs of around $60,000.00 per hour (we are very specialized in the services that we provide), needless to say a mutual demurrage is a non-starter for us. However, we do quote almost everything with a demurrage of $75.00/hr after the first hour since we deliver mostly on walking-floors and unload in situations where there is no reasonable reason not to allow us to unload as soon as we roll in. 2 hours is standard for warehouse (general freight), the standard time needs to be adjusted and priced in to match whatever is normal for your particular industry. The problem is that there are too many out there running without demurrage and in gate situations (where you just have to line up to get unloaded on a first come first serve basis, like grain mills or paper mills) there aren't enough truckers refusing to take loads to the plants to force them to upgrade (or in some cases just repair) their unloading systems so that truckers can get unloaded within a reasonable amount of time, after all: Our industry is bearing the costs associated with the long waits, not theirs. Maybe during the next trucking capacity crunch - and it will be one - we will be in a better bargaining position.\n", "contentHtml": "There are no regulations requiring detention pay. That has been discussed by the trucking lobby as a push-back to the increasing burden of new HOS regulations which place additional burdens on truckers but do nothing to stop shippers and receivers from abusing truckers and causing unreasonable delays, however, discussion of mandatory demurrage ended since the FMCSA has no authority to regulate shippers or receivers. Discussion of demurrage needs to happen before you ever accept the load, which can be difficult with brokers. Under no circumstance ever accept a mutual demurrage. My company has some customers that have downtime costs of around $60,000.00 per hour (we are very specialized in the services that we provide), needless to say a mutual demurrage is a non-starter for us. However, we do quote almost everything with a demurrage of $75.00/hr after the first hour since we deliver mostly on walking-floors and unload in situations where there is no reasonable reason not to allow us to unload as soon as we roll in. 2 hours is standard for warehouse (general freight), the standard time needs to be adjusted and priced in to match whatever is normal for your particular industry. The problem is that there are too many out there running without demurrage and in gate situations (where you just have to line up to get unloaded on a first come first serve basis, like grain mills or paper mills) there aren't enough truckers refusing to take loads to the plants to force them to upgrade (or in some cases just repair) their unloading systems so that truckers can get unloaded within a reasonable amount of time, after all: Our industry is bearing the costs associated with the long waits, not theirs. Maybe during the next trucking capacity crunch - and it will be one - we will be in a better bargaining position. ", "parentReplyId": null, "thumbUrl": "", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/Korey-Snead-K.R.SNEADTRUCKINGINC.-6044-363887-IMG_5399.JPG", "signUpDate": "2011-12-07", "dateAdded": "2017-01-14T21:54:17Z", "likes": 0, "dislikes": 0, "approved": 1, "userId": 6044, "firstName": "Korey", "lastName": "Snead", "companyName": "K. R. SNEAD TRUCKING, INC.", "email": "[email protected]", "city": "Scottsburg", "state": "VA", "userCommentCount": 17, "userLikes": 6, "userDislikes": 1, "links": [], "files": [], "iLike": 0, "iDislike": 0 } ], "userDislikes": 8, "signUpDate": "2014-11-11", "avatarThumbUrl": "https://s3.amazonaws.com/cdn.bulkloads.com/user_files/profile/thumbs/default.png", "links": [], "files": [], "iLike": 0, "iDislike": 0, "iSubscribe": 0 }

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Detention

Posted on Fri, Jan 13, 2017 at 8:05 AM CST in Texarkana, TX

Detention

Ok I have a question. Does anyone know of any rules or regulation regarding detention?? Today will mark the third day one of our trucks has been stuck on site. We have asked for detention, we have asked to be diverted to another location and all requests have been refused. I am to the point of just dumping this crap on the ground and moving on. The equipment they have on location keeps breaking down and storage capacity is minimal.

I am looking for a way to resolve this without causing undue turmoil. Any help will be appreciated.

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